No person 12 years old or under shall be upon or in any public street, highway, alley, park, vacant lot or other public place between 10:00 p.m. and 6:00 a.m. of the following day, subject to the exceptions set forth in §
194-3 of this article.
No person 17 years old or under shall be upon or in any public street, highway, alley, park, vacant lot or other public place between 12:00 midnight and 6:00 a.m. of the following day, subject to the exceptions set forth in §
194-3 of this article.
The following shall constitute valid exceptions to the operation
of this article:
A. Where the minor is accompanied by a parent or guardian or some adult
over 21 years of age delegated by the parent or guardian to accompany
the minor child for a designated period of time and for a specific
purpose within a specified area.
B. Where the minor is returning home by a direct route from and within
60 minutes of the termination of a school activity or an activity
of a religious organization or other recognized voluntary organization.
C. Where the minor is engaged in the course of lawful employment or
for a period of one hour before until one hour after work while traveling
a direct route between such place of employment and his or her residence.
D. Where a parent, guardian or other person having the legal care of any minor under the age of 17 years shall permit or allow such minor, while in his or her legal custody, to go and be unaccompanied upon any of the streets, alleys and public places of the Village within the time specified in §
194-2 of this article, where there exists a reasonable necessity.
Whoever is found responsible for a violation of §
194-1 of this article shall be subject to a civil fine of not less than $25 nor more than $500. Whoever is found responsible for a violation of §
194-2 of this article shall be subject to a civil fine of not less than $25 nor more than $500. Determination that a person is responsible for violation of this article shall be a preponderance of the evidence.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
DELINQUENT ACT
An act which violates the statutes of the state or the ordinances
of the Village.
HABITUAL OFFENDER
A minor who commits two or more delinquent acts within a
twelve-month period.
MINOR
Any juvenile under the age of 18 residing with a parent.
PARENT
Mother, father, legal guardian and any other person having
the care or custody of a minor.
It shall be unlawful for the parent of any minor to fail to
exercise reasonable parental control which results in the minor committing
any delinquent act, or the allowing or encouraging of any minor to
commit any delinquent act or become delinquent in accordance with
the probate code as it pertains to juveniles.
Whenever a minor shall be arrested or detained for the commission
of any delinquent act within the Village, the parent of such minor
shall be immediately notified by the Police Department advising the
parent of such arrest or detention, the reason therefor and their
responsibility under this section. A record of such notifications
shall be kept by the Police Department.
The parent of a habitual offender shall be deemed guilty of
parental neglect and in violation of this article. Each violation
of the provisions of this article shall constitute a separate offense.
The penalty for a violation of this article shall be a fine
not exceeding $500, plus costs.