§ 20-130. Curfew.

(a)

It shall be unlawful for any person under the age of 17 years to be present at or upon any public assembly, building, place, street or highway at the following times:

(1)

Between 12:01 a.m. and 6:00 a.m. any Saturday or Sunday; and

(2)

Between 11:00 p.m. on Sunday to Thursday, inclusive, and 6:00 a.m. on the following day.

(b)

It shall be a defense to any violation under this section that any such person under the age of 17 years was:

(1)

Engaged in a business or occupation that the laws of the state authorize any such person to perform.

(2)

Accompanied by any such person'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 any such person's parent, guardian or custodian.

(4)

Participating in, going to, or returning from:

a.

An errand at the direction of such person's parent, legal guardian or custodian;

b.

Employment that the laws of this state authorize any such person to perform;

c.

A school recreational activity;

d.

A religious event;

e.

An emergency involving the protection of a person or property from an imminent threat of serious bodily injury or substantial damage;

f.

An activity involving the exercise of any such person'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; or

g.

An activity conducted by any nonprofit or governmental entity that provides recreation, education, training or other care under the supervision of one or more adults.

(5)

In a motor vehicle involved in interstate travel.

(6)

On the sidewalk abutting any such person's residence or abutting the residence of an immediately adjacent neighbor if such neighbor did not complain to the police department about such person's presence.

(7)

Married or had been married or is an emancipated minor under the laws of the state.

(c)

Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place. The police officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense enumerated in this section is present.

(d)

It shall be unlawful for any parent, legal guardian or other person to knowingly permit a person in his custody or control to violate this section.

(Ord. No. 2102, § 18.5.4, 6-12-2007)

State law reference

Municipal authority to implement curfew, 65 ILCS 5/11-1-5; municipal authority to regulate truants, 65 ILCS 5/11-5-9.