[Adopted 6-27-2006 by Ord. No. 06-047]
This article shall be known as the "Village of Homer Glen Curfew
Ordinance."
As used in this article, the following terms shall have the
meanings indicated:
An unforeseen combination of circumstances or the resulting
state that calls for immediate action. The term includes, but is not
limited to, a fire, a natural disaster, an automobile accident, or
any situation requiring immediate action to prevent serious bodily
injury or loss of life.
Any privately owned place of business operated for a profit
to which the public is invited, including but not limited to any place
of amusement or entertainment.
Any person under 17 years of age.
A person who is:
Any place to which the public or a substantial group of the
public has access and includes but is not limited to streets, highways,
and the common areas of schools, hospitals, apartment houses, office
buildings, transport facilities, and shops.
To:
Bodily injury that creates a substantial risk of death or
that causes death, serious permanent disfigurement, or protracted
loss or impairment of the function of any bodily member or organ.
A.
It shall be unlawful for any person 16 years of age or 17 years of
age to be present at or upon any public assembly, establishment, public
place, street or highway unless accompanied and supervised by a parent,
legal guardian or other responsible companion at least 21 years of
age and who has prior approval of the minor's parent or legal guardian
between 11:00 p.m. and 6:00 a.m. on the following day from Sunday
through Thursday and from 12:00 midnight to 6:00 a.m. on the following
day on Friday and Saturday.[1]
B.
It is unlawful for any person age 13 to age 15 to be present at or
upon any public assembly, establishment, public place, street or highway
unless accompanied and supervised by a parent or legal guardian or
other responsible person at least 21 years of age and who has prior
approval of a parent or legal guardian between 10:00 p.m. and 6:00
a.m. on the following day from Sunday through Thursday and 11:00 p.m.
to 6:00 a.m. on the following day on Friday and Saturday.
[Amended 8-22-2006 by Ord. No. 06-059[2]]
C.
It is unlawful for any person 12 years of age or under to be present
at or upon any public assembly, establishment, public place, street
or highway unless accompanied and supervised by a parent or legal
guardian or other responsible person at least 21 years of age and
who has prior approval of a parent or legal guardian between 9:00
p.m. and 6:00 a.m. on the following day from Sunday through Thursday
and 10:00 p.m. to 6:00 a.m. on the following day on Friday and Saturday.
[Amended 8-22-2006 by Ord. No. 06-059]
D.
No parent, legal guardian, or other person having custody of a minor
subject to this section shall knowingly permit a minor in his or her
custody to be in violation of this section. The parent or legal guardian
having custody of a minor subject to this article shall be liable
for any and all costs incurred by the Village for providing personnel
to remain in the company of a minor who has been arrested as a curfew
violator if said parent or guardian does not pick up the minor within
one hour after receiving notice from the Village that said minor is
being detained for curfew violation.
A.
The following circumstances shall constitute a defense to prosecution under § 155-15 of this article:
(1)
The minor was accompanied by the minor's parent or guardian or other
person in custody or control of the minor;
(2)
The minor was in a motor vehicle involved in interstate travel;
(3)
The minor was engaged in an employment activity or going to or returning
home from an employment activity, without any detour or stop;
(4)
The minor was involved in an emergency;
(5)
The minor was on the sidewalk abutting the minor's residence or abutting
the residence of a next-door neighbor if the neighbor did not complain
to the Police Department about the minor's presence;
(6)
The minor was attending an official school, religious, or other recreational
activity supervised by adults and sponsored by a government or governmental
agency, 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 a government
or governmental agency, a civic organization, or another similar entity
that takes responsibility for the minor;
(7)
The minor was exercising First Amendment rights protected by the
United States Constitution, such as the free exercise of religion,
freedom of speech, and the right of assembly;
(8)
The minor was married or had been married or is an emancipated minor
under the Emancipation of Minors Act (750 ILCS 30/1 et seq.); or
B.
Enforcement. Before taking any enforcement action under this article, a law enforcement 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 on any response and other circumstances, no defense in Subsection A is present.
A person convicted of a violation of any provision of this article
shall be fined not less than $50 nor more than $1,000, except that
neither a person who has been made a ward of the court under the Juvenile
Court Act of 1987 (705 ILCS 405/1-1 et seq.), nor that person's legal
guardian, shall be subject to any fine. In addition to the fine imposed
by this article, the court may order a parent, legal guardian, or
other person convicted of a violation of this article to perform community
service as determined by the court, except that the legal guardian
of a person who has been made a ward of the court under the Juvenile
Court Act of 1987 may not be ordered to perform community service.
The dates and times established for the performance of community service
by the parent, legal guardian, or other person convicted of a violation
of this article shall not conflict with the dates and times that the
person is employed in his or her regular occupation.
