[Amended by Ord. No. 2-2004[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 30, General Provisions, Art. 2).
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.
(A) 
It shall be the duty of a police officer, upon discovering any minor, unattended by an adult, to:
(1) 
Inquire of such minor his/her age, place of residence and telephone number.
(2) 
Inquire as to why the minor is out past curfew.
(3) 
Assess whether the activity the minor is engaged in is/was protected under this article.
(4) 
Assess whether such an exception or defense is reasonable given the surrounding circumstances, such as time elapsed from the beginning or end of said activity, allowing the minor a reasonable amount of time to go to or return from such activity without violating this article.
(B) 
After the above inquiries are made by the officer, and no exceptions or defenses are applicable, it shall be the duty of the police officers to promptly notify the parent or guardian of such minor that the minor has been detained for violations of the provisions of this article and to report to the police station for the return of said minor to his/her custody. Whenever it is impractical to do so, the minor may be returned forthwith to his home or to the person entitled to his custody.