(a) Curfew established.
(1) No minor under the age of 16 shall ride in a motor vehicle, or be on the public streets, other public places, places of amusement and entertainment, vacant lots or other unsupervised places between the hours of 11:00 p.m. and 5:00 a.m., Sunday through Thursday. All other days and all periods when school is not officially in session, the curfew is 11:00 p.m. through 5:00 a.m.
(2) No minor age 16 through 17 shall ride in a motor vehicle, or be on the public streets, other public places, places of amusement and entertainment, vacant lots or other unsupervised places between the hours of 11:00 p.m. and 5:00 a.m., Sunday through Thursday. All other days and all periods when school is not officially in session, the curfew is 11:00 p.m. through 5:00 a.m.
(3) However, the provisions of this section do not apply to minors accompanied by their parents, guardian or other adult person having the care and custody of the minor or when the minor is upon emergency errand directed by his or her parents, guardian or other adult person having the care and custody of the minor.
(b) Police to detain. Every member of the police force while on duty is authorized to detain any minor violating the provisions of this section until the parent or guardian of the child shall take him or her into custody; but the officer shall, immediately upon taking custody of the child, make an effort to communicate with the parents or guardian at their usual place of residence.
(c) Parental responsibility.
(1) No parent, guardian or other adult person having the care of custody of any minor under the age of 16 years shall permit the minor to ride in a motor vehicle, or be on the public streets, other public places, places of amusement and entertainment, vacant lots or other unsupervised places between the hours of 11:00 p.m. and 5:00 a.m., Sunday through Thursday. All other days and all periods when school is not officially in session, the curfew is 11:00 p.m. through 5:00 a.m.
(2) No parent, guardian or other adult person having the care of custody of any minor under the age of 16 through 17 shall permit the minor to ride in a motor vehicle, or be on the public streets, other public places, places of amusement and entertainment, vacant lots or other unsupervised places between the hours of 11:00 p.m. and 5:00 a.m., Sunday through Thursday. All other days and all periods when school is not officially in session, the curfew is 11:00 p.m. through 5:00 a.m.
(3) However, the provisions of this section do not apply to minors accompanied by their parents, guardian or other adult person having the care and custody of the minor or when the minor is upon emergency errand directed by his or her parents, guardian or other adult person having the care and custody of the minor.
(d) Penalty.
(1) Any minor violating this section shall be dealt with in accordance with juvenile court law and procedure.
(2) Whoever violates this section shall be guilty of a minor misdemeanor.
(e) Exemptions. It is an exemption to a violation under this section that the person engaged in the prohibited conduct while:
(1) Accompanied by the minor’s parent or guardian;
(2) On an errand at the direction of the minor’s parent or guardian, without any detour or stop;
(3) In a motor vehicle involved in interstate travel;
(4) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
(5) Involved in an emergency;
(6) On the sidewalk abutting the minor’s residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the Police Department about the minor’s presence;
(7) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the village, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious or other recreational activity supervised by adults and sponsored by the village, a civic organization or another similar entity that takes responsibility for the minor;
(8) Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly; or
(9) Married or had been married or had disabilities of minority removed in accordance with state law.
(Ord. 704, passed 2-27-2001)