(a) Nighttime curfew hours. Sunday through Thursday 11:30 p.m. until 6:00 a.m. Friday and Saturday 12:30 a.m. until 6:00 a.m.
(b) Daytime curfew hours. Monday through Friday during the applicable school's hours.
(c) Offenses by minors. A minor commits an offense if he or she remains in any public place or on the premises of any establishment within the Village of Woodlawn during nighttime or daytime curfew hours.
(d) Defenses. It is a defense to prosecution under § 636.09(c) of this section if the minor was:
(1) Not required to attend school on the date and time in questions, as school was not in session at that time;
(2) A participant in a bona fide home schooling program at the time in question;
(3) Accompanied by the minor's parent or guardian;
(4) On an errand at the direction of the minor's parent or guardian without any detour or stop;
(5) The minor was engaged in a work study program or going to or returning from a work-study program, without any detour or stop;
(6) The minor was involved in an emergency;
(7) The minor was attending an activity organized and supervised by adults and sponsored by the Village of Woodlawn, another political jurisdiction, school district, civic organization or other similar organization that takes responsibility for the minor or attending an official school or religious activity; and
(8) Going to or coming from, without detour or stop, an activity organized and supervised by adults and sponsored by the Village of Woodlawn, another political jurisdiction, school district, civic organization or other similar organization that takes responsibility for the minor or attending an official school or religious activity.
(e) Enforcement. Before taking any enforcement action, a police officer shall ask the apparent offender's age and reason for being in the public place or on the premises of an establishment. 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 on any response and other circumstances, no defense in § 636.09 (c) is present.
(f) Penalties. Any minor found violating any provision of this section shall be guilty of being an unruly child and shall be dealt with in accordance with the juvenile law and procedure.
(g) Offenses by parents and/or guardians of minors. A parent or guardian having the care and custody of a minor commits an offense if he or she knowingly permits such minor to remain in any public place or on the premises of any establishment within the Village of Woodlawn during daytime and/or nighttime curfew hours.
(h) Defenses. It is a defense to prosecution under § 636.09(g):
(1) That the minor was not required to attend school on the date and time in questions as school was not in session at that time;
(2) That the minor was a participant in a bona fide home schooling program at the time in question;
(3) The parent was with the minor at the time of the alleged violation;
(4) The minor was on an errand at the direction of the minor's parent or guardian without any detour or stop;
(5) The minor was engaged in a work study program or going to or returning from a work-study program, without any detour or stop;
(6) The minor was involved in an emergency;
(7) The minor was attending an activity organized and supervised by adults and sponsored by the Village of Woodlawn, another political jurisdiction, school district, civic organization or other similar organization that takes responsibility for the minor or attending an official school or religious activity;
(8) The minor was going to or coming from, without detour or stop, those activities identified in § 636.09 (h)(7) herein; and
(9) That the parent or guardian has initiated the jurisdiction of the Juvenile Court against the minor prior to the time that the minor was found violating § 636.09(c), herein.
(i) Enforcement. Before taking any enforcement action under § 636.09(g), a police officer shall determine whether the parent or guardian had actual or constructive knowledge of the minor's violation.
(j) Penalties. Any parent or guardian having the care and custody of a minor who violates § 636.09 (g) of this section shall for the first offense be warned by the police officer of the consequences of failing to ensure compliance with this section. For the second offense under § 636.09(g) of this section such parent or guardian shall be issued a civil citation in the amount of one hundred dollars ($100.00). For the third or subsequent violation of § 636.09(g) of this section, the parent or guardian shall be issued a civil citation in the amount of two hundred dollars ($200.00). A separate offense shall be deemed committed for each violation of § 636.09(c) and § 636.09(g) of this section.
(k) As used in this section:
(1) EMERGENCY means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes but is not limited to: a fire, natural disaster, an automobile accident or any situation requiring immediate action to prevent serious bodily injury or loss of life.
(2) ESTABLISHMENT means any privately owned place of business operated for a profit to which the public is invited.
(3) WORK STUDY PROGRAM means any bona fide program authorized and sanctioned by the school attended by the minor, which permits the minor to leave school premises.
(Ord. 11-2007, passed 5-29-2007)