[HISTORY: Adopted by the Mayor and Board of Trustees of the
Village of Flossmoor 4-19-2004 by FMC-395 (Ch. 22, Art. IX, of the 1964 Code). Amendments
noted where applicable.]
GENERAL REFERENCES
Public order — See Ch. 200.
As used in this chapter, the following terms shall have the
meanings indicated:
Unforeseen circumstances, or the resulting situation, calling
for immediate action. This includes, but is not limited to, fire,
natural disaster, or vehicular accident, as well as any situation
requiring action to avert serious injury or the loss of life.
A person or a public or private agency who, either pursuant
to court order or acceptance of testamentary appointment, is the legal
guardian of the minor. This definition also includes a person to whom
parental powers have been delegated.
Any person who is younger than 17 years of age.
[Amended 7-7-2014 by Ord.
No. 2014-1783]
A person who is the natural parent, adoptive parent, or stepparent
of the minor.
A place located in the Village of Flossmoor to which the
public, or a substantial group of the public, has access, including
but not limited to streets, highways, sidewalks, parking lots, vacant
lots, parks, and the common areas in and about apartment buildings,
office buildings, hospitals, schools, shops, and places of entertainment
such as movie theaters.
To linger or stay, as well as to refuse to leave when requested
to do so by a police officer, or the owner or other person in control
of a public place. This term also encompasses activities which may
be mobile, such as walking, driving, and riding about in a public
place.
It is a defense to prosecution under § 133-1-2 of this chapter that the minor was:
A.
Accompanied by the minor's parent or guardian.
B.
Involved in an emergency or on an errand necessitated by an emergency.
C.
Engaged in an employment activity, or on the way to or from an employment
activity, without any detour or stop except as necessary to drop off
or pick up a coemployee.
D.
In motor vehicle involved in interstate travel.
E.
On an errand directed by a parent or guardian, without any detour
or stop.
F.
On the sidewalk abutting the minor's home.
G.
Attending a school, religious, or governmental activity, which is
supervised by adults, or traveling to or from such a school, religious,
or governmental activity without detour or stop.
H.
Attending a recreational activity sponsored by the Village of Flossmoor,
a civic organization, or a similar entity, which is supervised by
adults, or traveling to or from such activity without detour or stop.
I.
Exercising rights protected by the First Amendment of the United
States Constitution.
J.
Married or otherwise legally emancipated.
A.
Before taking any action to enforce this chapter, a police officer
shall ask the apparent offender's age. The officer may ask for proof
of the apparent offender's age, and shall be justified in taking action
to ascertain the apparent offender's age in the absence of identification,
such as taking the apparent offender into custody while contacting
his or her parent or guardian, or accompanying the apparent offender
to his or her residence for the purpose of obtaining identification.
B.
If the apparent offender is a minor, or cannot produce identification proving otherwise immediately, the officer shall ask the reason for the apparent offender being in a public place. The officer shall not take any action to enforce this section unless the officer reasonably believers that an offense has occurred and, based on any response as well as other circumstances, no defense provided in § 133-1-3 is applicable. If the officer does have such a reasonable belief, the officer may take the minor into custody for the purposes of contacting the minor's parent or guardian to come to take control of the minor, and may issue a citation for a violation of § 133-1-2.[1]
[Amended 7-7-2014 by Ord.
No. 2014-1783]
[1]
Editor's Note: Original § 22.905, Penalties, of
the 1964 Code, which immediately followed this section, was repealed
7-7-2014 by Ord. No. 2014-1783.
