As used in this article, unless the context requires otherwise,
the following words and phrases shall have the following definitions:
The Vermilion County Circuit Court, Illinois.
An unforeseen combination of circumstances or the resulting
state that calls for immediate action. The term includes, but is not
limited to, fire, natural disaster, automobile accident, medical emergency
or any situation requiring immediate action to prevent serious bodily
injury or loss of life.
Any privately owned place of business to which the public
is invited, including but not limited to any place of amusement or
entertainment.
A person under 17 years of age.
A person who is a natural parent, adoptive parent, or step-parent
of another person.
Any place to which the public or a substantial group of the
public has access and includes, but is not limited to, streets, highways,
public ways, sidewalks and the common areas of schools, hospitals,
apartment houses, office buildings, transport facilities and shops.
A person at least 18 years of age, authorized by a parent,
guardian or custodian to have the care and custody of a minor.
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.
The period of the day when the school the minor would normally
attend is in session, on days when the school the minor would normally
attend is in session.
Any agency or entity established by any school district or
any federal, state or local governmental entity or any counseling
or social agency or any combination thereof recognized by the Village
and/or the court as an agency which provides service to improve education
performance and/or attendance.
Any officer, appointee, employee or other agency of any school
district or any federal, state or local government, entity or any
agency thereof performing the duties of a truant officer under the
Illinois compulsory attendance statute (105 ILCS 5/26-1 et seq.).
The period of time specified in § 260-33 of this chapter.
A.
It is unlawful for any minor to be present in any public place or
on the premises of any establishment within the Village during curfew
hours.
B.
It is unlawful for any parent or guardian or custodian of a minor
to knowingly permit, or by insufficient control to allow, the minor
to be present in any public place or on the premises of any establishment
within the Village during curfew hours.
C.
(1)
Accompanied by the minor's parent, guardian, custodian or responsible
adult;
(2)
On an errand at the direction of the minor's parent, guardian, custodian
or responsible adult, without any detour or stop;
(3)
In a motor vehicle involved in interstate travel with the consent
or authorization of a parent, guardian or custodian;
(4)
Engaged in, 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;
(7)
Engaged in, going to or returning home from official school, religious
or other recreational activity supervised by adults, sponsored by
a civic organization, or another similar entity that takes responsibility
for the minor;
(8)
Exercising First Amendment rights protected by the United States
Constitution; or
(9)
Emancipated pursuant to law.
A.
It is unlawful for any minor who is subject to compulsory education
or to compulsory continuation education by statute or court order
to be present in any public place or on the premises of any establishment
within the Village during truancy curfew hours.
B.
It is unlawful for any parent, custodian or guardian of a minor to
knowingly permit, or by insufficient control to allow, the minor to
be present in any public place or on the premises of any establishment
within the Village during truancy curfew hours.
C.
It is a defense to prosecution under this section or § 260-73 that the minor was:
(1)
Accompanied by a parent, guardian, custodian or responsible adult
if engaged in an activity which would constitute an excused absence
from the school which the minor would normally attend;
(2)
Involved in an emergency;
(3)
Going to or returning from a medical appointment without any detour
or stop;
(4)
Engaged in, going to or returning home from an employment activity
pursuant to a cooperative school vocation program without any detour
or stop;
(5)
In possession of valid proof that the minor is a student who has
permission to leave the school campus;
(6)
A bona fide participant in an alternative education or home schooling
program;
(7)
Engaged in or subject to an authorized or excused absence from the
school which the minor attends, including but not limited to lunch
periods.
B.
It is a defense to prosecution under this section if the owner, operator or employee of the establishment, immediately upon discovery of a minor reasonably believed to be in violation of § 260-71 or § 260-72, notified a law enforcement agency that a minor was present on the premises of the establishment during curfew or truancy hours and refused to leave the establishment after being advised to do so by the owner, operator or employee.
Every member of the Police Department while on duty is hereby
authorized as follows:
A.
For the first offense of any minor violating the provisions of this article, to issue to the minor a citation, in writing, in the same form as described in Subsection C below. For a second offense, the law enforcement officer is authorized to temporarily detain any minor violating the provisions of this article (regardless of whether a citation is immediately issued) until the parent, custodian or guardian of the minor shall take him or her into custody, but such officer shall immediately, upon taking custody of the minor, reasonably attempt to communicate with the parent, custodian or guardian of the minor unless Subsection E herein is applicable. A parent, custodian or guardian must take custody of the minor within one hour of the time of notice or be subject to a charge of $25 per hour as hereinafter provided.
B.
Whenever a police officer or truant officer witnesses or has knowledge
based on reasonable grounds of a violation of this article by any
person, such person may be issued a citation. A citation or complaint
may be made to a police officer or truant officer by any person.
(1)
A citation issued hereunder this shall be in writing and shall:
(a)
State the name of the person being cited and the person's address,
if known;
(b)
Set forth the specific section of this article that was violated,
the date of the violation and a brief description of the violation;
(c)
Be signed by the issuing police officer, truant officer or complaining
party.
(2)
In each instance where a citation is issued to a minor for violation
of this article, a minor's parent, custodian or guardian shall be
provided a copy of the citation notifying the parent, custodian or
guardian of the charge made against the minor.
C.
A minor cited for a citation under this article must attend a court
hearing or Truancy Review Board hearing on the citation and must be
accompanied at the hearing by his or her parent, custodian, guardian
or other adult person having the legal care and custody of the minor.
If any such person fails to attend any court hearing with the minor,
and unless the interest of justice would otherwise be served, the
court may continue the hearing and shall issue a notice or a rule
to show cause to the person, directing said person to appear at the
continued hearing with the minor. Failure of the person to thereafter
appear shall subject said person to sanctions for contempt of court
as determined by the court.
D.
Every member of the Police Department while on duty is hereby authorized to temporarily detain any minor violating the provisions of § 260-72 of this article, regardless of whether a citation is issued, and to deliver and surrender the minor to the lawful authorities of the school that the minor would normally attend.
A.
Any person who violates any provision of this article shall, upon conviction thereof, be fined not to exceed $750; and a separate offense shall be deemed to have been committed upon each day on which such violation occurs or continues. (See also § 93-1 of the Village Code.)
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
In lieu of or in addition to a fine, a minor may be ordered to attend
counseling or to perform 10 hours of court-approved community service
during times other than the minor's hours of school attendance and/or
the minor's parent, custodian, guardian or other adult having legal
care or custody of the minor may be ordered to attend a parenting
class or series of parenting classes or other counseling approved
by the court or recommended by the Truancy Review Board or to attend
any program directly related to improving school attendance and/or
performance.
If a minor is detained for a period of time in excess of one hour which requires the supervision of the minor by personnel of the Police Department, the parent, custodian, guardian or other adult having legal care or custody of the minor shall be jointly and severally liable for the costs therefor. The parent, custodian, guardian or other adult having legal care or custody of the minor who has committed any offense under this article shall be assessed and billed for the costs; the costs shall be recoverable in any action enforcing any provision of this article or in a separate civil action. In addition, the failure to pay the costs shall constitute a violation of this article and subject the violator to the penalties described in § 260-75 above. In the event any action is filed, the liable party shall be responsible for all court costs and any reasonable attorney's fees incurred by the Village in collecting.
