[HISTORY: Adopted by the Board of Trustees of the Village
of Warrensburg as Title 10, Ch. 5, of the 1978 Code. Amendments noted
where applicable.]
[Amended 4-17-1995 by Ord. No. 535; 6-7-2021 by Ord. No. 764]
Unless one of the curfew defenses in § 1311-4 applies:
A.
It shall be unlawful for any person under 15 years of age to be or
remain upon any street or alley or other public place in the Village
after 10:00 p.m.
B.
It shall be unlawful for any person 15 years to 17 years of age to
be or remain upon any street or alley or other public place in the
Village after 11:00 p.m. Sunday through Thursday and after 12:00 midnight
Friday and Saturday.
It shall be unlawful for any person having the legal care of
and custody of a child under 15 years of age to allow or permit such
child to be upon any public street, alley or other place in the Village
in the nighttime as restricted in the preceding section, except in
cases of emergency.
The Village President and any member of the Board of Trustees
are hereby authorized to detain any such minor wilfully violating
the provisions of this chapter until the parent or guardian of the
child shall take him or her into custody, but immediately upon taking
custody of the child he shall communicate with the parent or guardian.
[Added 6-7-2021 by Ord.
No. 764]
It is a defense to prosecution under § 1311-1 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.
