[HISTORY: Adopted by the City Council of
the City of Crystal Lake 1-19-1993 as amended through 5-4-2004 by Ord. No. 5780 (Art. V, Ch. III, Section
A, of the 1993 Code). Subsequent amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
An 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.
Any person under 17 years of age.
Any individual, firm, association, partnership, or corporation
operating, managing, or conducting any establishment. The term includes
the members or partners of an association or partnership and the officers
of a corporation.
A person who is:
Any place to which the public or a substantial group of the
public has access and includes, but is not limited to, streets, highways,
and the common areas of schools, hospitals, apartment houses, office
buildings, transport facilities, and shops.
Bodily injury that creates a substantial risk of death or
that causes death, serious permanent disfigurement, or protracted
loss or impairment of the function of any bodily member or organ.
[Amended 2-20-2007 by Ord. No. 6161;3-3-2009 by Ord. No.
6448]
A.
Offenses.
(1)
A minor commits an offense if he/she remains in any
public place or on the premises of any establishment within the City
during curfew hours.
(2)
A parent, guardian or person in custody or control
of a minor commits an offense if he/she knowingly permits, or by insufficient
control allows, the minor to remain in any public place or on the
premises of any establishment within the City during curfew hours.
(3)
The owner, operator, or any employee of an establishment
commits an offense if he/she knowingly allows a minor to remain upon
the premises of the establishment during curfew hours.
A.
It is a defense to prosecution under § 216-2 that the minor was:
(1)
Accompanied by the minor's parent, guardian or person
in custody or control of the minor;
[Amended 2-20-2007 by Ord. No. 6161]
(2)
On an errand at the direction of the minor's parent,
guardian or person in custody or control of the minor, without any
detour or stop;
[Amended 2-20-2007 by Ord. No. 6161]
(3)
In a motor vehicle involved in interstate travel;
(4)
Engaged in an employment activity, or going to or
returning home from an employment activity, without any detour or
stop;
(5)
Involved in an emergency;
(6)
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;
(7)
Attending an official school, religious, or other
recreational activity supervised by adults and sponsored by the City,
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 the City, a civic organization,
or another similar entity that takes responsibility for the minor;
(8)
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
(9)
Married or had been married or is an emancipated minor
under the Emancipation of Minors Act (750 ILCS 30/1 et seq.), as amended.
B.
It is a defense to prosecution under § 216-2C
that the owner, operator, or employee of an establishment promptly
notified the Police Department that a minor was present on the premises
of the establishment during curfew hours and refused to leave.
Before taking any enforcement action under this chapter, a police officer shall ask the apparent offender's age and reason for being in the public place. 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 § 216-3 is present.[1]
[1]
Editor's Note: Former § 5.173, Penalties,
which immediately followed this section, was deleted 2-20-2007 by
Ord. No. 6161.
