The City’s new curfew law, Chapter 134.02 states
(a) It is unlawful for a person less than 17 years of age to be present at or upon any public assembly,
building, place, street or highway at the following times:
(1) Between 12:01 a.m. and 6:00 a.m. on Saturday.
(2) Between 12:01 a.m. and 6:00 a.m. on Sunday.
(3) Between 11:00 p.m. on Sunday to Thursday, inclusive, and 6:00 a.m. on the following day.
(c) The following are absolute affirmative defenses to a charge under this chapter:
(1) The minor is accompanied by the child’s parent, legal guardian, or a sibling who is at least
twenty-one (21) years of age.
(2) The minor is accompanied by a person who is at least twenty-one (21) years of age and known
and approved by the minor’s parent or legal guardian.
(3) The minor is participating in, going directly to, or returning from any of the following:
Employment which the minor is authorized by federal or Illinois law to perform;
An activity sponsored by the minor’s school;
A religious activity;
An emergency involving the protections of a person or property from an imminent threat of serious bodily injury or substantial damage;
Any activity involving the exercise of the minor’s rights protected by the first Amendment of the United States Constitution or Article1, subsection 3,4, and 5 of the Constitution of the State of Illinois, or both;
Any activity conducted by a non-profit or governmental entity that provides recreation, education, training, or other care under the supervision of one (1) or more adult.
(d) A citation for violation of subsection (a) and (b) may be issued by a police officer only if the officer reasonably believes that a violation has occurred and none of the absolute, affirmative defenses in subsection (c) is applicable.
(e) A police officer considering an arrest for subsections (a) and (b) must make fair and reasonable inquiry into whether any of the defenses in subsection (c) pertain to the minor that the officer might detain or investigate for a violation of subsection (a) or (b) before issuing a citation.
“Reasonable Inquiry” means discussion with the minor and should the minor choose to speak with the officer, a bona fide attempt to make contact with any person who, based upon what the minor relates, could corroborate the existence of a defense as set forth in subsection (c).
(f) It is unlawful for a parent, legal guardian, custodian, or any other person to knowingly allow or assist a minor in his care, custody, or control to violate subsections (a) or (b);
(g) It is unlawful for any person knowingly or intentionally to provide untruthful, false or intentionally misleading information to an officer conducting a reasonable inquiry into subsection (c) defenses as required by subsection (e). Prosecution under this subsection (g) shall not preclude an additional prosecution under City or State penal provision for interfering with an officer or obstruction of justice.
(h) The defenses set forth in subsection (c) do not apply to a minor in violation of subsections (a) or (b) and an arresting officer has no duty to conduct an investigation into those defenses where there is probable cause for the officer to believe the minor is committing, has committed during the prohibited curfew period or is attempting to commit a violation of any provision of Chapters 18 or 31 of this Code, such activity enjoying no constitutional protection.
(i) (1) any person violating subsection (a) or (b) of this Ordinance shall be subject to a fine as set forth in Chapter 134 of this Code;
(2) Any person violating subsection (g) of this Ordinance shall be subject to a fine of not less than $200 and not more than the maximum as set forth in Chapter 134 of this Code;
(j) Effective Date – This ordinance shall become effective upon its passage by this Council and signature by the Mayor.
(k) Saving Clause – In the event any sentence, portion or subparagraph of this Ordinance shall be deemed by any court unconstitutional or otherwise invalid or unenforceable, the subparts and provisions not affected or so deemed shall remain in full force and effect and be enforceable through the home rule authority of this City and the jurisdiction of the Circuit Court.
Adopted: June 20, 2005
Approved: June 21, 2005
Driver's License And Curfew
Chapter 625 of the Illinois Compiled Statutes called the Illinois Vehicle Code Section 5/6 110 states in part;
625 ILCS 5/6 110 (a) The Secretary of State shall issue to every qualifying applicant a driver's license as applied for, which license shall bear a distinguishing number assigned to the licensee, the legal name, zip code, date of birth, residence address, and a brief description of the licensee, and a space where the licensee may write his usual signature.
Licenses issued shall also indicate the classification and the restrictions under Section 6 104 of this Code.
In lieu of the social security number, the Secretary may in his discretion substitute a federal tax number or other distinctive number.
A driver's license issued may, in the discretion of the Secretary, include a suitable photograph of a type prescribed by the Secretary.
(a1) If the licensee is less than 18 years of age, unless one of the exceptions in subsection (a2) apply, the license shall, as a matter of law, be invalid for the operation of any motor vehicle during the following times:
(A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday;
(B) Between 11:00 p.m. Saturday and 6:00 a.m. on Sunday; and
(C) Between 10:00 p.m. on Sunday to Thursday, inclusive, and 6:00 a.m. on the following day.
(a2) The driver's license of a person under the age of 18 shall not be invalid as described in subsection (a1) of this Section if the licensee under the age of 18 was:
(1) accompanied by the licensee's parent or guardian or other person in custody or control of the minor;
(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) going to or returning home from an employment activity, without any detour or stop;
(5) involved in an emergency;
(6) 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 a government or governmental agency, a civic organization, or another similar entity that takes responsibility for the licensee, without any detour or stop;
(7) 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
(8) married or had been married or is an emancipated minor under the Emancipation of Minors Act.