(A) Curfew for minors. It shall be unlawful and a curfew violation for any person under the age of 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 place:
(1) After 11:00 p.m. on Friday or Saturday;
(2) After 10:00 p.m. on Sunday, Monday, Tuesday, Wednesday or Thursday; and
(3) Before 5:00 a.m. on any day of the week.
(B) Exemptions. This section does not apply to a child who is:
(1) Accompanied by his parent, guardian or legal custodian;
(2) Accompanied by a person at least 18 years of age approved by the child's parent, guardian or legal custodian;
(3) Carrying out an errand or other lawful activity as directed by his parent, guardian, or legal custodian;
(4) Engaged in a business or occupation which the laws of this state authorize a person less than 17 years of age to perform;
(5) Participating in, going to, or returning from:
(a) An emergency involving the protection of a person or property from an imminent threat of serious bodily injury or substantial damage;
(b) 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 Illinois Constitution of 1970, 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;
(c) An activity conducted by a nonprofit or governmental entity that provides recreation, education, training, or other care under the supervision of one or more adults; or
(6) 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) Parental responsibility. It is unlawful for any parent, guardian, or legal custodian to knowingly permit a person in his or her custody or control to violate this section.
(D) Authority of police during curfew hours.
(1) Any police officer may stop and question any minor suspected of violating this section's provisions. Prior to arresting or citing a child for curfew under this section, or taking a child into custody, the police officer must make reasonable inquiry to determine whether any of the exceptions contained in division (B) apply, in addition to the age and time requirements set forth in division (A) of this section. A police officer shall issue a citation or make an arrest for curfew or take a child into custody only if the officer has reasonable grounds to believe that the child has violated this section and that no exceptions apply.
(2) Upon taking a minor into custody, the officer shall take the minor to the village's police headquarters where the name of the minor's parent, guardian, or person having legal custody of him shall be ascertained. The parent, guardian, or legal custodian shall be notified or summoned by the officer to appear at the police headquarters to complete the investigation.
(3) Upon ascertaining that a violation has occurred, the officer shall cause a warrant to be issued for the arrest and appearance of the parent, guardian, or legal custodian of the minor to appear in the appropriate court to answer the charge of a violation of this section.
(E) Penalty. Any minor, or parent, guardian, or legal custodian of a minor who violates any provision of this section, shall be punished as set forth in § 132.99. In addition, any minor violating this section may be referred to Juvenile Court.
(Am. Ord. 93-05, passed 7-6-93; Am. Ord. 93-11, passed 11-15-93; Am. Ord. 04-03, passed 4-5-04)