A. It is unlawful for any person under the age of seventeen (17) to be present at or upon any public assembly, building, place, street or highway during the hours of applicability, as described in subsection C of this section, unless such person satisfies one of the exceptions described in subsection B of this section.
B. No person shall be convicted of a violation of this chapter if such person:
1. Is accompanied and supervised by a parent or legal guardian; or
2. Is accompanied and supervised by some other responsible companion at least eighteen (18) years of age, with their parent or legal guardian’s knowledge and consent; or
3. Is presently in a motor vehicle engaged in interstate or international travel; or
4. Is engaged on a necessary errand specifically authorized in a writing by the minor’s parent or legal guardian that features the following information:
a. The specific date and time of the errand;
b. The point of origination and destination for the errand; and
c. The purpose of the errand; or
5. Is participating in, heading directly to, or returning directly from, without detour or stop:
a. Lawful employment ; or
b. School sanctioned activity; or
c. A religious event; or
d. An emergency involving the protection of a person or property from an imminent and unforeseen threat of serious bodily injury or substantial damage; or
e. An activity involving the exercise of the minor’s rights protected under the first amendment to the United States constitution or protected under article I, section 4 or 5 of the Illinois state constitution;
and the minor’s home or residence; or
6. Is on the sidewalk abutting the minor’s residence; or
7. Is married, has been married, or is an emancipated minor under the Emancipation of Minors Act.
C. The hours of applicability of this chapter are as follows:
1. For persons who are under the age of seventeen ( l 7)the hours of applicability shall be:
a. Between one minute after twelve o’clock (12:01) A.M. and six o’clock (6:00) A.M. Saturday and Sunday.
b. Between eleven o’clock (11:00) P.M. on Sunday through Thursday, inclusive, and six o’clock (6:00) A.M. on the following day.
D. Law enforcement officers involved in the enforcement of this chapter shall issue citation or make arrest, as appropriate, only after inquiry into the alleged violator’s reason for being in a public place during curfew hours, and after such inquiry, then only if the officer reasonably believes that the person has violated this chapter and that such person’s activities do not fall within the class of exceptions described in subsection B of this section.
E. Definitions:
EMERGENCY: | An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but in not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life. |
GUARDIAN: | (A) A person who, under court order, is the guardian of the person of a minor: or |
(B) A public or private agency with whom a minor has been placed by a court. | |
PARENT: | A person who is: a natural parent, adoptive parent, or step-parent of another person: |
Serious bodily injury: | Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. (Ord. 2006-06-20A, 6-20-2006; amd. Ord. 2020-1103PD1, 11-3-2020) |