A. This section shall not apply to a child:
1. Who is performing an errand as directed by his parent, guardian or person having lawful custody.
2. Who is on his own premises or in the areas immediately adjacent thereto.
3. Whose employment makes it necessary to be upon the streets, alleys or public places or in any motor vehicle during such hours.
B. These exceptions shall not, however, permit a child to unnecessarily loiter about the streets, alleys or public places or be in a parked motor vehicle on the public streets.
C. It shall be unlawful for any parent, guardian or other person having the lawful care, custody and control of any person under the age of eighteen (18) years to allow or permit such person to violate the provisions of subsections A1 and A2 of this section. The fact that prior to the present offense a parent, guardian or custodian was informed by any law enforcement officer of a separate violation of this section 4-2-8 shall be prima facie evidence that such parent, guardian or custodian allowed or permitted the present violation. Any parent, guardian or custodian herein who shall have made a missing person notification to a police agency shall not be considered to have allowed or permitted any person under the age of eighteen (18) years to violate this section 4-2-8.
D. It shall be unlawful for any person, firm or organization operating or in charge of any place of amusement, entertainment, refreshment or other place of business to permit any minor under the age of eighteen (18) to loiter, or idle in such place during the hours prohibited by this section 4-2-8. Whenever the owner or person in charge or in control of any place of amusement, entertainment, refreshment or other place of business during the hours prohibited by this section 4-2-8 shall find persons under the age of eighteen (18) years loitering, loafing or idling in such places of business, he shall immediately order such person to leave and if such person refuses to leave said place of business, the operator shall immediately notify the police department and inform them of the violation.
E. Every law enforcement officer is hereby authorized to detain any minor violating the provisions of this section 4-2-8 until such time as the parent, guardian or person having legal custody of the minor shall be notified and the person so notified shall as soon as reasonably possible thereafter report to the law enforcement officer for the purpose of taking custody of the minor and shall sign a release for him or her. If no response is received, the law enforcement officer shall take whatever action is deemed necessary, in the best interest of the minor.
F. The first time that a minor is detained by a law enforcement officer of the village as provided in subsection E of this section, such parent, guardian or person having such legal custody, shall be advised, personally, if known or by registered mail, as to the provisions of this section, and further advised that any violation of this section occurring thereafter by this minor or any other minor under his or her care or custody shall result in a penalty imposed as hereinafter provided. (Ord., 12-22-1993)