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is hereby repealed in its entirety and rewritten to read as follows: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:
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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
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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.
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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.
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