A. Prohibition: It shall be unlawful for a person under seventeen (17) years of age to be present at or upon any public assembly, building, place or street at the following times:
1. Between one minute after twelve o'clock (12:01) A.M. and six o'clock (6:00) A.M. Saturday;
2. Between one minute after twelve o'clock (12:01) A.M. and six o'clock (6:00) A.M. Sunday; and
3. Between eleven o'clock (11:00) P.M. on Sunday to Thursday, inclusive, and six o'clock (6:00) A.M. the following day.
B. Defenses: It is a defense to a violation under this chapter that the minor is engaged in the prohibited conduct while:
1. Accompanied by the minor's parent, legal guardian, or adult acting in loco parentis;
2. Accompanied by an adult at least eighteen (18) years of age approved by the minor's parent, or guardian;
3. Participating in, going to, or returning from:
a. Employment which the laws of this State authorize a person less than seventeen (17) years of age to perform;
b. An authorized 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 minor'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 nonprofit or governmental entity that provides recreation, education, training, or other care under the supervision of one or more adults.
A citation for violation of subsection A of this section may be issued by a police officer only if he reasonably believes that a violation has occurred and none of the defenses enumerated in this subsection B apply.
C. Duty Of Parent Or Guardian: It is unlawful for a parent, legal guardian, or other person to knowingly permit a person under the age of seventeen (17) in his/her custody or control to violate the provisions of subsection A of this section. When a person over the age of eighteen (18) has custody of a person under the age of seventeen (17) and the person under the age of seventeen (17) is present upon any public assembly, building, business, street or highway or other public place or public way there shall exist a rebuttable presumption that such presence is in violation of subsection A of this section, and none of the defenses enumerated in subsection B of this section apply.
D. Penalty: Any person convicted of a violation of subsection C of this section shall be fined in accordance with section 1-4-1 of this Code. (Ord. 19-10, 7-16-2019)