(A) It is unlawful for a person less than 17 years of age to be present at or upon any public assembly, building, place, street or highway at the following times unless one of those exceptions listed in division (B) applies:
(1) Between 12:01 a.m. and 6:00 a.m. Saturday;
(2) Between 12:01 a.m. and 6:00 a.m. Sunday; and
(3) Between 11:01 p.m. on Sunday to Thursday, inclusive, and 6:00 a.m. on the following day.
(B) This section shall not apply to any minor person less than 17 years of age who is involved in the following activities:
(1) In the company and under the supervision of a parent, legal guardian, or other responsible companion of at least 17 years of age who is charged with responsibility for the minor person by that minor person’s parent or legal guardian;
(2) Engaged in a business or occupation which the laws of this state authorize a person less than 17 years of age to perform;
(3) Attending or traveling to or from an official school, religious or civic activity;
(4) Attending or traveling to or from any assembly activity for which a permit has been lawfully issued;
(5) Involved in an emergency involving the protection of a person or property from an imminent threat of serious bodily injury or substantial damage; or
(6) Any activity which involves the exercise of the minor’s First Amendment rights.
(C) Before issuing any citation pursuant to this section, the citing officer shall reasonably determine if the person is involved in any activity as considered under division (B) of this section. If the officer determines that the person is involved in such an activity, then no citation shall be issued. If the officer, however, has reasonable belief that the person is not involved in such activity as considered under division (B), then the officer shall issue a citation pursuant to division (A) of this section.
(D) It is unlawful for a parent, legal guardian or other person to knowingly permit a minor in his or her custody or control to violation division (A) of this section.
(E) A person convicted of a violation of any provision of this section shall be guilty of a petty offense and shall be fined not less than $10 nor more than $500, except that neither a person who has been made a ward of the court under the Juvenile Court Act of 1987, ILCS Ch. 705, Act 405, §§ 1-1 et seq., nor that person’s legal guardian, shall be subject to any fine. In addition to or instead of the fine imposed by this section, the court may order a parent, legal guardian, or other person convicted of a violation of division (D) of this section to perform community service as determined by the court, except that the legal guardian of a person who has been made a ward of the court under the Juvenile Court Act of 1987 may not be ordered to perform community service. The dates and times established for the performance of community service by the parent, legal guardian, or other person convicted of a violation of division (D) of this section shall not conflict with the dates and times that the person is employed in his or her regular occupation.
(Am. Ord. 2004-29, passed 5-3-04)
Statutory reference:
Authority to impose curfew, see ILCS Ch. 65, Act 5, § 11-1-5
Child Curfew Act, see ILCS Ch. 720, Act 5, § 12C-60