HomeMy WebLinkAboutOrdinances - MC-04-853 - 06/14/2004 - Section 14-11 CurfewOrdinance No. MC-04-853
An Ordinance Amending Section 14-11, Curfew of the City of McHenry Municipal Code
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF MCHENRY, as follows:
SECTION 1: That Section 14-11, Curfew, of the City of McHenry Municipal
Code shall be amended to read as follows:
See: 14-11 Curfew.
(A) Definitions: The following definitions are applicable to this Section 14-11:
Emergency An unforeseen combination of circumstances for 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.
Establishment: 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.
Guardian: A person who, under court order, is the guardian of the person of a
minor, or a public or private agency with whom a minor has been
placed by a court.
Minor: A person less than 17 years of age.
Operator: 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.
Parent: A person who is (1) a natural parent, adoptive parent or step-parent of
another person; or (2) at least 18 years of age and authorized by a
parent or guardian to have the care and custody of a minor.
Public Place: 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.
Remain: To linger or stay, or 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.
Serious Bodily Injury: 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.
(B) Curfew: Except as provided in this section, it is unlawful for any person less
than 17 years of age to be present or upon .any public road, street,
alley or park, or other land used for public purposes, or in any
public place of business or amusement in the city, 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; and
3. Between 11:00 p.m. on Sunday to Thursday, inclusive, and 6:00 a.m. on the
following day.
(C ) Exceptions: The following shall constitute valid exceptions to the operation
of the curfew:
1. At any time when accompanied by his or her parent, guardian or other adult
person responsible for or having the legal care, custody and control
of the individual, or an authorized adult.
2. If participating in, going to, or returning from, without any detour or stop:
(a) an emergency as defined herein
(b) lawful employment
(c) attending an official school, religious or other social or recreational
activity supervised by adults and sponsored by a unit of
government, civic organization, or other similar entity that takes
responsibility for the attendees
(d) an errand at the direction of a parent or guardian
(e) an activity involving the exercise of First Amendment Rights protected
by the United States Constitution (or those similar rights protected
by the State of Illinois Constitution), such as free exercise of
religion, freedom of speech, and the right of assembly.
3. Is married or had been married or is an emancipated minor under the
Emancipation of Mature Minors Act, as amended (750 ILCS30/1 et seq).
4. If in a motor vehicle when the travel begins and ends outside the corporate
limits of the City.
(D) Establishments: The owner, operator, or any employee of an establishment
commits an offense if he or she knowingly allows a minor to remain upon the
premises of the establishment during curfew hours or fails to promptly notify the
Police Department that a minor is present on the premises of the establishment
during curfew hours and refuses to leave.
(E) Enforcement: Before taking any enforcement action under this section, a
police officer shall ask the suspected offender's age and reason for being in the
public place or on the premises. The police officer shall not issue a citation or
make an arrest under this section unless the police officer reasonably believes that
an offense has occurred and that, based on any response and other circumstances,
no exception in this section applies.
(F) Penalty: Any person violating this section shall be fined not more than $500
for each offense and be responsible for the city's cost of prosecution, including attorney
fees incurred by the city. Each day that a violation continues shall be considered a
separate offense. Restitution by the violator shall also be made to any property damaged
or destroyed or person injured.
SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision
of this ordinance shall be adjudged by any Court of competent jurisdiction to be invalid,
such judgment shall not affect, impair, invalidate, or nullify the remainder thereof, which
remainder shall remain and continue in full force and effect.
SECTION 3: All ordinances or parts thereof in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 4: This ordinance shall be in full force and effect upon its passage,
approval and publication in pamphlet form (which publication is hereby authorized) as
provided by law.
PASSED and APPROVED this )A�� day of )2004.
Voting Aye:
Voting Nay:
Not Voting:
Abstained:
Absent:
ATTEST:
BOLGER, GLAB, LOW, WiMMER, PETERSON, CONDON
NONE
NONE
c. ,
City n
Mayor