It shall be unlawful for any person under the age of 18 years
to be in any street or alley or other public place in the City between
the hours of 12:00 midnight Saturday and 6:00 a.m. Sunday, or between
the hours of 11:00 p.m. and 6:00 a.m. on any other day of the week
unless accompanied by or in the charge of a parent, guardian or other
proper companion of the age of 21 years or more, or unless engaged
in some occupation or business in which said child may lawfully engage
under the statutes of this state.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
It shall be unlawful for any person having the legal care and
custody of a child under the age of 18 years to knowingly allow or
permit said child to go to or be in any public place, street or alley
in the City in violation of the provisions of this article, except
in the case of necessity.
Every member of the police force while on duty is hereby authorized
to detain any minor wilfully violating the provisions of this article
until the parent or guardian of the child shall take him into custody;
but such officer shall immediately, upon taking custody of the child,
communicate with the parent or guardian.
Every police officer shall report in writing every violation
of this article to his superior officer and to the juvenile officer
and shall cause a written notice to be served upon the parent, guardian
or person in charge of each child found in violation hereof, setting
forth the manner in which the child has been in violation, at the
time said parent, guardian or person in charge of such child shall
call for and take said child into his custody.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
It is a defense to prosecution under this article that the minor
was:
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.).