A. It shall be unlawful for a person less than seventeen (17) years of age to be present at or upon any public assembly, building, place, street or highway at the following times:
1. Between one minute past twelve o'clock (12:01) A.M. and six o'clock (6:00) A.M. Saturday.
2. Between one minute past twelve o'clock (12:01) A.M. and six o'clock (6:00) A.M. Sunday.
3. Between eleven o'clock (11:00) P.M. on Sunday to Thursday, inclusive, and six o'clock (6:00) A.M. on the following day.
B. It is a defense to a violation under this section that the minor engaged in the prohibited conduct while:
1. Accompanied by the child's parent, legal guardian, custodian, sibling, stepbrother or stepsister at least eighteen (18) years of age;
2. Accompanied by an adult at least eighteen (18) years of age approved by the child's parent, guardian or custodian;
3. Participating or returning from:
a. Employment which the laws of this state authorize a person less than eighteen (18) years of age to perform;
b. A school recreational activity;
c. A religious event;
d. An emergency involving the protection of a person or property from an imminent threat of serious bodily injury or substantial damage;
e. An activity involving the exercise of the child's rights protected under the first amendment to the United States constitution or article 1, sections 3, 4, and 5 of the constitution of the state of Illinois, or both;
f. An activity conducted by a not for profit or governmental entity that provides recreation, education, training or other care under the supervision of one or more adults.
C. Before issuing a citation or making an arrest for violating the curfew ordinance, a police officer shall inquire into a minor's reasons for being in a public place during curfew hours, and the officer may issue a citation or make an arrest only if the officer reasonably believes that the person has violated this section and that no defenses apply.
D. It is unlawful for a parent, legal guardian or other person to knowingly permit a person in his custody or control to violate subsection A of this section. (Ord. 2132, 4-19-2004)