HomeMy WebLinkAboutORDINANCE - 2995 - 5/11/2004 - CURFEW FOR MINORS AMENDEDORDINANCE NO. 2995
AN ORDINANCE AMENDING SECTION 6-7-1 CURFEW FOR MINORS OF
CHAPTER 7 OFFENSES RELATED TO MINORS OF THE VILLAGE CODE OF
THE VILLAGE OF ELK GROVE VILLAGE
BE IT ORDAINED by the Mayor and Board of Trustees of the Village of
Elk Grove Village Counties of Cook and DuPage, Illinois as follows:
That Section 6-7-1 Curfew for Minors of the Village Code of the Village of
Elk Grove Village be and the same is hereby amended to read as follows:
Section 1: 6-7-1 Curfew for Minors
(A) Definitions
(1) "Emergency" means 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.
(2) "Establishment" means any privately -owned place of business
operated for a profit to which the public is invited, including but
not limited to anyplace of amusement or entertainment.
(3) "Guardian" means:
(A) a person who, under court order, is the guardian of the
person of a minor, or
(B) a public or private agency with whom a minor has been
placed by a court.
(4) "Minor" means any person under 17 years of age.
(5) "Parent" means a person who is:
(A) a natural parent adoptive parent, or step-parent of
another person; or
(B) at least 21 years of age and authorized by a parent
or guardian to have the care and custody of a minor
(6) "Public Place" means anyplace 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.
(B) Age and Hour Restrictions:
It shall be unlawful for any minor, as defined herein, to be upon any
public way, public place, street, establishment or roadway during
the following times:
a. between 12:01 a.m, and 6:00 a.m. on Saturday,
b. between 12:01 a.m. and 6:00 a.m. on Sunday; and
c. between 11:01 p.m, on Sunday through Thursday inclusive and
6:00 a.m. on the following day.
(C) Defenses
It shall be a defense to prosecution under this Section that the minor was:
(1) accompanied by the minor's parent or guardian;
(2) on an errand at the direction of the minor's parent or guardian
without any detours or stops;
(3) in a motor vehicle involved in interstate travel;
(4) engaged in an employment activity, or going to or retuming from
an employment activity, without any detours or stops;
(5) involved in an emergency;
(6) on a sidewalk abutting the minor's residence or abutting the
next door neighbor if the next door neighbor does 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 any
governmental body having jurisdiction within the corporate limits
of the Village of Elk Grove Village, a civic organization or similar
entity that takes responsibility for the minor, or transporting the
minor to and from the activity and home without any detour or ;
stop, or any other official school, religious or other recreational
activity supervised by adults and sponsored by any
governmental entity having jurisdiction within the corporate
boundaries of the Village of Elk Grove Village, a civic
organization, or similar entity that takes responsibility for a
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;
(9) married or had been married or is an emancipated minor under
the Emancipation of Mature Minor's Act, as amended.
(D) Pre -citation Inquiry
Before issuing a citation or making an arrest under this Section, a
police officer shall ask the apparent offender's age and the reason
that the apparent offender is in a public place or establishment or
other prohibited location. The officer shall not issue a citation or
make an arrest under this Section unless the officer reasonably
believes, based upon the totality of the circumstances, that an
offense has occurred and that no defense set forth in Subsection
(c) present.
(E) Enforcement
Any duly authorized law enforcement officer of the Village who has
arrested or charged a minor or minors with violating the provisions
of this Chapter may cause a written notice to be served upon the
parent, guardian, or legal custodian of such minor or minors, setting
forth the nature of the violation and advising that any subsequent
arrest of said minor or minors may result in prosecution of the
parent, guardian or legal custodian as provided in Section (g) of this
Chapter.
(F) Parental Responsibility
It shall be unlawful for any parent, guardian or legal custodian of a
minor or minors who has violated the provisions of Subsection (b)
of this Chapter to, within one year from the receipt of notice as
provided in Section (t) of this Chapter knowingly permits such minor
or minors to violate the provisions of said Subsection (b) of this
Chapter.
(G) Penalties
Any person violating any of the provisions of this Chapter shall be
subject to a tine of not less than twenty five dollars ($25.00) nor
more than five hundred dollars ($500.00) for each offense, and a
separate offense shall be deemed committed on each day during or
on which a violation occurs or continues.
Section 2: That the Village Clerk is hereby authorized to publish this
Ordinance in pamphlet form.
Section 3: That this Ordinance shall be in full force and effect from and
after its passage, approval and publication according to law.
VOTE. AYES: 6 NAYS: 0 ABSENT. 0
PASSED this 11'* day of May 2004.
APPROVED this IV* day of May 2004.
Approved:
Craig B. Johnson, Mayor
ATTEST
Ann I. Walsh, Village Clerk
PUBLISHED this 11'ft day of May 2004 in pamphlet form.
ORDMINOR.DOC