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HomeMy Public PortalAboutOrdinance 2400 VILLAGE OF PLAINFIELD ORDINANCE N0.2400 AMENDING CHAPTER 6, ARTICLE VI, IN GENERAL, SECTION 6-222 REGARDING CURFEW. PUBLISHED IN PAMPHLET FORM BY THE AUTHORITY OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD, WILL COUNTY, ILLINOIS, THIS 7TH DAY OF MAY, 2004. ORDINANCE NO. 2400 AN ORDINANCE AMENDING CHAPTER 6, ARTICLE VI, IN GENERAL, SECTION 6-222 REGARDING CURFEW OF THE CODE OF ORDINANCES FOR THE VILLAGE OF PLAINFIELD NOW THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD, A5 FOLLOWS: I. That Chapter 6, Section 6-222 of the Code of Ordinances entitled Curfew is hereby repealed in its entirety and rewritten to read as follows: Definitions. Whenever used in this section, (1) "Curfew Hours" means: a. For persons less than sixteen (16) years of age, between 10:00 p.m. and 6:00 a.m. the following day, any day of the week; b. For persons at least sixteen (16) years of age, but less than seventeen (1 7) years of age, between 12:01 a.m, and 6:00 a.m. Saturday and Sunday, or between 11:00 p.m. on Sunday to Thursday, inclusive, and 6:00 a.m. the following day. (2) "Emergency" means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, afire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life. (3) "Establishment" means any privately-owned place of business operated for a profit to which the public is invited, including but nat limited to any place of amusement or entertainment. (4) "Guardian" means: H;W1y Documents\code email\Ordinance-Curfew.DOC Page 1 of 4 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. (5) "Minor" means any person under 1 7 years of age. (6) "Operator" means 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. (7) "Parent" means a person who is: a. a natural parent, adoptive parent, or step-parent of another person; or b. at least 1 $ years of age and authorized by a parent or guardian to have the care and custody of a minor. (8) "Public Place" means 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. (9) "Remain" means to: a. linger or stay; or b. fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises. (10) "Serious Bodily Injury" means 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. Offenses. (1) 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. (2) A parent or guardian of a minor commits an offense if he knowingly permits, or by insufficient control allows, the minor to H:Vv1y Documents\code email\Ordinance-Curfew.DOC Page 2 of 4 remain in any public place or on the premises of any establishment within the city during curfew hours. (3) 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. Defenses. It is a defense to prosecution under this Section that the minor was: (1) accompanied by the minor's parent or guardian; or (2) on an errand at the direction of the minor's parent or guardian, without any detour or stop; or (3) in a motor vehicle involved in interstate travel; or (4) engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop; or (5) involved in an emergency; or (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; or (7) attending an official school, religious, or other recreational activity supervised by adults and sponsored by the Village, 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 Village, a civic organization, or another similar entity that takes responsibility for the minor; or (8) exercising Eirst 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 Mature Minors Act, as amended. It is a defense to prosecution under this Section that the owner, operator, or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave. H:Vvly Documents\code email\Ordinance-Curfew.DOC Page 3 of 4 Enforcement. 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 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 in this Section is present. II. This Ordinance shall be in full force and effect from and after its passage, approval, and publication as required by law. III. This Ordinance shall be numbered as Ordinance No. 2400. PASSED THIS 3rd DAY OF May, 2004. AYES: Waldorf, Collins, Dement, Thomson, Fay, O'Connell. NAYS: 0 ABSENT: Rock APPROVED THIS 3rd DAY OF May, 2004. ,~'' _ ~ ~ ~ mow,,., ~~~~..~' A~EST: VILLAGE PRESIDENT ~~,-~ ~ `- . .~ w _ --_ -~ VILLAGE (~ RK W:\My Documents\code email\Ordinance-Curfew.DOC Page 4 of 4