[HISTORY: Adopted by the Village Board of the Village of
Browntown 3-8-2005 by Ord. No.
030805. Amendments noted where applicable.]
The purpose of this chapter is to establish curfew hours for
minors reduce the incidents of misconduct by juveniles by requiring
proper supervision on the part of custodial parents.
For the purpose of this chapter, unless otherwise defined:
Any unforeseen combination of circumstances or the resulting
state that calls for immediate action. The term includes, but is not
limited to, a fire, a natural disaster, an automobile accident, or
any situation requiring immediate action to prevent serious bodily
injury or loss of life.
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.
A person who, under court order, is the guardian of the person
of a minor; or a public or private agency with whom the minor has
been placed by a court.
Any person under 18 years of age.
A person who is a natural parent, adoptive parent or stepparent
of another person; or a person at least 18 years of age and specifically
authorized at a time by a parent or guardian to have care and control
of a minor.
Any place to which the public or a substantial group of the
public has access and includes, but is not limited to, streets, highways,
sidewalks, public parking lots, and the common areas of schools, hospitals,
apartment houses, office buildings, transport facilities and businesses.
To linger or stray; or fail to leave premises when requested
to do so by a police officer or the operator or person in control
of the premises.
Bodily injury that creates substantial risk of death or that
causes death, serious permanent disfigurement, or protracted loss
of impairment of the function of any bodily member or organ.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
A "minor" as defined commits an offense if the minor remains in any
public place or on the premises of any establishment within the Village
during curfew hours.
B.
A parent or guardian of a minor commits an offense if the parent
or guardian knowingly permits, or by insufficient control allows,
the minor to remain in any public place or on the premises of any
establishment within the Village during curfew hours.
It is a defense to prosecution under § 117-3 of this chapter if the minor was:
A.
Accompanied by the minor's parent or guardian;
B.
On an errand specifically authorized by the minor's parent or guardian,
without any detour or stop;
C.
In a motor vehicle involved in interstate travel, without any detour
or stop;
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 resident
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 the Village, school, 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 the Village, school, civic organization,
or another similar entity that takes responsibility for the minor.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Before taking any enforcement action under this section, a police officer shall ask the suspected offender's age and reason for being in the public place or on the premises. The officer shall not issue a citation or make an arrest under this chapter unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in § 117-4 is present.
This chapter shall take effect and be in full force from and
after its passage and posting.
Any person who violates any provision of this chapter shall
be subject to a penalty of a minimum of $100 and a maximum of not
more than $1,000.
