(A) It shall be unlawful for a person under the age of 17 to be present at or upon any public assembly, building, place, street or highway at the following times:
(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 11:00 p.m. on Sunday to Thursday, inclusive, and 6:00 a.m. on the following day.
(B) It shall be a defense to a violation under this section that the child engaged in the prohibited conduct while:
(1) Accompanied and supervised by a parent, legal guardian or other responsible companion at least 18 years of age, approved by said parent or legal guardian;
(2) Engaged in a business or occupation in which the laws of the state authorize a person under the age of 17 to perform;
(3) Participating in, going to or returning from:
(a) A school-sanctioned activity;
(b) A religious event;
(c) An emergency involving the protection of a person or property from an imminent threat of serious bodily injury or substantial damage;
(d) An activity involving the exercise of the child’s rights protected under the First Amendment to the Constitution of the United States, the Constitution of the state, or both, such as freedom of speech, free exercise of religion or right of assembly; or
(e) An activity conducted by a non-profit or governmental entity that provides recreation, education, training or other care under the supervision of one or more adults.
(4) Engaged in interstate or international travel from a location outside the state to another location outside the state.
(C) (1) Before taking any enforcement action with respect to an alleged violation prohibited under this section, the law enforcement official shall inquire as to the apparent offender’s age and reason for being in the public place.
(2) The official shall not issue a citation or make an arrest under the provisions of this section unless said official reasonably believes an offense has occurred and that based upon any response and other circumstances, no defense as set forth in division (B) is present.
(D) It shall be unlawful for a parent, legal guardian or other person to knowingly permit a person in his or her custody or control to violate this section.
(1994 Code, § 132.02) (Ord. 05-01, passed 1-24-2005) Penalty, see § 132.99
Statutory reference:
Authority to impose curfew, see 65 ILCS 5/11-1-5