[Amended by Ord. No. 10-02-06]
As used in this article, 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 less than 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.
To:
Bodily injury that creates a substantial risk of death or
that causes death, serious permanent disfigurement, or protracted
loss or impairment of the function or any bodily member or organ.
A.
A minor commits an offense if he remains in any public place or on
the premises of any establishment within the City during curfew hours.
B.
A parent or guardian of a minor commits an offense if he 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.
C.
The owner, operator, or any employee of an establishment commits
an offense if he knowingly allows a minor to remain upon the premises
of the establishment during curfew hours.
A.
It is a defense to prosecution under § 210-50 that the minor was:
(2)
On an errand at the direction of the minor's parent or guardian,
without any detour or stop;
(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 activity 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 30/2 et seq.), as amended.
Before taking any enforcement action under this article, 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 article unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in § 210-51 is present.
Persons violating this article shall be fined not less than
$100. A person who violates a provision of this article is guilty
of a separate offense for each day or part of a day during which the
violation is committed, continued or permitted.
