(A) It is unlawful for any 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 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 through Thursday inclusive, and six o'clock (6:00) A.M. on the following day.
(B) It is unlawful for a parent, legal guardian or other person to knowingly permit a person in his or her custody or control to violate subsection (A) of this section.
(C) It is a defense to a violation under subsections (A) and (B) of this section that the minor was:
1. Accompanied by the minor's parent, legal guardian or otherwise responsible companion at least eighteen (18) years of age approved by a parent or legal guardian;
2. On an errand at the direction of the minor's parent or legal guardian, without any detour or stop;
3. In a motor vehicle involved in interstate travel;
4. Engaged in an employment activity, which the laws of this State authorize a person less than seventeen (17) years of age to perform, or going to or returning home from, without any detour or stop, an employment activity, which the laws of this State authorize a person less than seventeen (17) years of age to perform;
5. Involved in an emergency involving the protection of a person or property from an imminent threat of bodily injury or damage;
6. Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the Village, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the Village, a civic organization, or another similar entity that takes responsibility for the minor;
7. Exercising First Amendment rights protected by the United States Constitution or article 1, sections 3, 4 and 5 of the Constitution of the State of Illinois or both, such as the free exercise of religion, freedom of speech, and the right of assembly; or
8. Married or had been married or is an emancipated minor under the Emancipation of Mature Minors Act, as amended.
(D) Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based upon any response and other circumstances, no defense under subsection (C) of this section is present. (Ord. 04-O-24, 6-14-2004)