Nothwithstanding anything contained to the contrary in this Code, the following shall apply with respect to curfew:
(a) It is unlawful for a person less than seventeen (17) years of age (the "child") to be present at any public assembly or in any public building, park, sidewalk, street or highway or other public way or public place in the Village between:
1. 10:30 P.M. on Sunday, Monday, Tuesday, Wednesday and Thursday, and 6:00 A.M. on the following day;
2. 11:30 P.M. on Friday through 6:00 A.M. on Saturday; and
3. 11:30 P.M. on Saturday through 6:00 A.M. on Sunday.
(b) The curfew set forth in subsection (a) does not apply to a child who is:
1. Accompanied by the child's parent, guardian or custodian;
2. Accompanied by a person at least eighteen (18) years of age approved by the child's parent, guardian or custodian;
3. Engaged in a business or occupation which the laws of this State authorize a person less than seventeen (17) years of age to perform;
4. Participating in, going to, or returning from:
(i) an emergency involving the protection of a person or property from an imminent threat of serious bodily injury or substantial damage;
(ii) an activity involving the exercise of the child's rights protected under the First Amendment to the United States Constitution or Article 1, Sections 3, 4 and 5 of the Constitution of the State of Illinois, or both, such as freedoms of religion and speech and the right of assembly, to include, but not be limited to:
(1) a religious event, including, but not limited to, prayer and vigil services; or
(2) a political event, including, but not limited to, observing or influencing a legislative session and attending a political rally or event.
(iii) an activity conducted by a nonprofit or governmental entity that provides recreation, education, training, or other care under the supervision of one (1) or more adults; or
5. Engaged in interstate or international travel from a location outside Illinois to another location outside Illinois with the permission of a parent or legal guardian.
(c) Any police officer may stop and question any child suspected of violating the provisions of Section 8-5-3-2. Prior to arresting or citing a child for curfew under this Section, the police officer much make reasonable inquiry to determine whether any of the exceptions contained in subsection (b) apply, in addition to the age and time requirements set forth in subsection (a) of this Section. A police officer shall issue a citation or make an arrest for curfew only if the officer has reasonable grounds to believe that the child has violated this Section and that no exceptions apply.
(d) It is unlawful for any parent, legal guardian or other person to knowingly permit a person in his/her custody or control to violate this Section.
(Ord. 3864, 4-5-04)