§ 51.45. Curfew.

(a)

It shall be unlawful for a person under eighteen (18) years of age to be present at or upon any public assembly building, place or street at the following times:

(1)

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

(2)

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

(3)

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

(b)

It is a defense to a violation under this Chapter that the minor is engaged in the prohibited conduct while:

(1)

Accompanied by the minor's parent, legal guardian, or adult acting in loco parentis.

(2)

Accompanied by an adult at least eighteen (18) years of age approved by the minor's parent, or guardian ("authorized adult").

(3)

Participating in, going to, or returning from:

(A)

Employment which the laws of this state authorize a person less than eighteen (18) years of age to perform;

(B)

An authorized 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 minor'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(s).

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 none of the defenses enumerated in subsection (b) of this Section apply.

(c)

It is unlawful for a parent, legal guardian, or authorized adult to knowingly permit a person under the age of eighteen (18) in his or her custody or control to violate the provisions of subsection (a) of this Section. If a parent, legal guardian or authorized adult has custody of a person under the age of eighteen (18) and the person under the age of eighteen (18) is present at any public assembly, or in or upon any building, business, street or highway or other public place or public way there shall exist a rebuttable presumption that such presence is in violation of subsection (a) of this Section, and none of the defenses enumerated in subsection (b) hereof apply.

(d)

Any person convicted of a violation of subsection (c) of this Section shall be fined no less than fifty dollars ($50.00) but no fine shall exceed one thousand dollars ($1,000.00).

(Ord. 14-2004 § 5)