For purposes of this article, the following terms, phrases,
words and their derivations shall have the meanings given herein.
When not inconsistent within the context, words used in the present
tense include the future, words in the plural number include the singular
and words in the singular include the plural. The word "shall" is
always mandatory and not merely directory.
EMERGENCY
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, or automobile accident, or any
situation requiring immediate action to prevent serious bodily injury
or loss of life.
ESTABLISHMENT
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.
GUARDIAN
(A)
A person who, under court order, is the guardian of the person
of a minor; or
(B)
A public or private agency with whom a minor has been placed
by a court.
MINOR
Any person 16 years of age or less (under 17 years of age).
OPERATOR
Any individual, firm, association, partnership, or corporation
operating, managing, or conducting any establishment. The term includes
the members or partners of an association or partnership and the officers
of a corporation.
PARENT
A person who is:
(A)
A natural parent, adoptive parent, or step-parent of another
person; or
(B)
At least 18 years of age and authorized by a parent or guardian
to have the care and custody of a minor.
PUBLIC PLACE
Any place to which the public or a substantial group of the
public has access and includes, but is not limited to, streets, common
areas, shopping centers, private businesses, streets, and similar
areas that are open to the use of the public.
It shall be unlawful for any person 16 years of age or less
(under 17) to be or remain in or upon a public place within the City
of Hometown during the following times:
(A) Between 11:30 p.m. Friday and 6:00 a.m. Saturday.
(B) Between 11:30 p.m. Saturday and 6:00 a.m. Sunday.
(C) Between 10:30 p.m. on Sunday to Thursday, inclusive, and 6:00 a.m.
on the following day.
It shall not be a violation of this article and it shall otherwise
be an affirmative defense if a minor is:
(A) Accompanied by the minor's parent or guardian or other person in
custody or control of the minor;
(B) On an errand at the direction of the minor's parent or guardian,
without any detour or stop;
(C) In a motor vehicle involved in interstate travel;
(D) Engaged in an employment activity or going to or returning home from
an employment activity, without any detour or stop;
(E) Involved in an emergency;
(F) 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;
(G) 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;
(H) 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; or
(I) Married or had been married or is an emancipated minor under the
Emancipation of Minors Act (750 ILCS 30/1 et seq.).
It shall be unlawful for any operator of an establishment to
knowingly permit a minor to remain at the establishment under circumstances
not constituting an exception to, or otherwise beyond the scope of,
this article. The term "knowingly" includes knowledge that an operator
should reasonably be expected to have concerning the patrons of the
establishment. The standard for "knowingly" shall be applied through
an objective test: whether a reasonable person in the operator's position
would have known that the patron was a minor in violation of this
article.
It shall be unlawful for a parent having legal custody of a
minor knowingly to permit or by inefficient control to allow the minor
to remain in any City public place under circumstances not constituting
an exception to, or otherwise beyond the scope of, this article. The
term "knowingly" includes knowledge that a parent should reasonably
be expected to have concerning the whereabouts of a minor in that
parent's legal custody. It shall be no defense that a parent was completely
indifferent to the activities or conduct or whereabouts of such minor.