[1983 Code; amended 9-6-2005; 6-19-2006]
A. 
It is unlawful for a person less than 17 years of age to be present at or upon any public assembly, building, place, street or highway at the following times:
1. 
Between 11:00 p.m. on Friday and 6:00 a.m. Saturday;
2. 
Between 11:00 p.m. on Saturday and 6:00 a.m. Sunday;
3. 
Between 10:30 p.m. on Sunday to Thursday, inclusive, and 6:00 a.m. on the following day.
B. 
It is the defense to a violation under this chapter that the child engaged in the prohibited conduct while:
1. 
Engaged in a business or occupation which the laws of Illinois authorize a person less than 17 years of age to perform;
2. 
Accompanied by the child's parent, legal guardian, custodian, sibling, stepbrother or stepsister at least 18 years of age;
3. 
Accompanied by an adult at least 18 years of age approved by the child's parent, guardian or custodian;
4. 
Participating in, going to, or returning from:
a. 
Employment which the laws of this state authorize a person less than 17 years of age to perform;
b. 
A school recreational activity;
c. 
A religious event;
d. 
An emergency involving the protection of a person or property from an imminent threat of serious bodily injury or substantial damage;
e. 
An activity involving the exercise of the child's rights protected under the First Amendment to the United States Constitution or Article 1, Sections 3, 4 and 5 of the Constitution of the State of Illinois, or both;
f. 
An activity conducted by a nonprofit or governmental entity that provides recreation, education, training, or other care under the supervision of one or more adult.
C. 
School Curfew. It shall be unlawful for any person under the age of 17 who is enrolled in any public, private or parochial elementary or secondary school to be present in any public place, building, street or location other than school, during any hours when such person is enrolled in school during the regular school term, unless he or she is: (1) traveling to or from school by the most direct route; (2) engaging in school-related activities with written approval of school authorities, or is otherwise authorized by a written school policy; or (3) engaged in personal business, including but not limited to employment, medical care and religious activities with prior written notice from a parent or legal guardian to school authorities.
1. 
A police officer may stop and detain a person whom the officer reasonably suspects to be in violation of this Subsection C for a limited period of time for the purpose of verifying the person's identity, age, school enrollment and authority to be absent from school. The police officer shall immediately inform the person of the reason for the detention and that he or she will be promptly released upon verification of authorization to be absent from school. The person so detained shall not be removed from the scene of the detention unless he or she refuses to provide the officer with the information necessary to complete the investigation.
2. 
To the extent practical, any person in violation of this Subsection C shall be taken to school authorities or a parent or legal guardian.
D. 
A citation for violation of Subsection A of this section may be issued by a police officer only if he reasonably believes that a violation has occurred and one of the defenses enumerated in Subsection B does not apply.
[1983 Code]
It is unlawful for a parent, legal guardian or other person to knowingly permit a person in his custody or control to violate § 10-2-1 of this chapter.
[1983 Code]
It shall be the duty of all police officers upon discovering any child in violation of this chapter to ascertain the child's name, age and place of residence, and to take whatever reasonable steps are necessary to locate and notify a parent or legal guardian as to the whereabouts of said child. The police officer shall take custody of the child and provide for the safe keeping of said child until the child can be delivered to the custody of the child's parent, legal guardian or other proper authority as provided by law.
[1983 Code]
Any person convicted of a violation of any provisions of this chapter shall be fined not less than $10 nor more than $100 or in the discretion of the trial judge, a minimum of 10 hours community service.