HomeMy WebLinkAboutOrd 5419 03/16/2004
ORDINANCE NO. 5419
AN ORDINANCE AMENDING CHAPTER 23, SECTION 23.604
OF THE MOUNT PROSPECT VILLAGE CODE
IN REGARD TO CURFEW
Passed and approved by
the President and Board of Trustees
the 16th day of March, 2004
Published in pamphlet form by
authority of the corporate
authorities of the Village of
Mount Prospect, Illinois,
the 1 ih day of March, 2004
ORDINANCE NO. I) 41 g
AN ORDINANCE AMENDING CHAPTER 23,
SECTION 23.604 OF THE MOUNT PROSPECT
VILLAGE CODE IN REGARD TO CURFEW
BE IT ORDAINED by the President and Board of Trustees of the Village of
Mount Prospect, Cook County, Illinois, as follows:
SECTION 1: Section 23.604 entitled "Curfew" of Chapter 23 entitled "Offenses and
Miscellaneous Regulations" of the Mount Prospect Village Code is hereby amended by
deleting Section 23.604 in its entirety and inserting a new Section 23.604 entitled
"Curfew" to be and read as follows:
"23.604 CURFEW: Notwithstanding anything contained to the contrary in this Code,
the following shall apply with respect to curfew:
(a) It is unlawful for a person less than seventeen (17) years of age (the "child") to be
present at any public assembly or in any public building, park, sidewalk, street or
highway or other public place between:
1. 11 :00 P.M. on Sunday, Monday, Tuesday, Wednesday and Thursday, and
6:00 A.M. on the following day;
2. 11 :59 P.M. on Friday through 6:00 A.M. on Saturday; and
3. 11 :59 P.M. on Saturday through 6:00 A.M. on Sunday.
(b) The curfew set forth in subsection (a) does not apply to a child who is:
1. accompanied by the child's parent, guardian or custodian;
2. accompanied by a person at least twenty-one (21) years of age approved
by the child's parent, guardian or custodian;
3. engaged in a business or occupation which the laws of this State authorize
a person less than 17 years of age to perform;
4. participating in, going to, or returning from:
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1. an emergency involving the protection of a person or property
from an imminent threat of serious bodily injury or substantial
damage;
ii. an activity involving the exercise of the child's rights protected
under the First Amendment to the United States Constitution or
Article I, Sections 3, 4, and 5 of the Constitution of the State of
Illinois, or both, such as freedoms of religion and speech and the
right of assembly, to include, but not be limited to:
(1) a religious event, including, but not limited to, prayer and
vigil services; or
(2) a political event, including, but not limited to, observing or
influencing a legislative session and attending a political
rally or event.
111. an activity conducted by a nonprofit or governmental entity that
provides recreation, education, training, or other care under the
supervision of one (1) or more adults; or
5. engaged in interstate or international travel from a location outside Illinois
to another location outside Illinois with the permission of a parent or legal
guardian.
(c) Prior to arresting or citing a child for curfew under this Section, the Police Officer
must make reasonable inquiry to determine whether any of the exceptions
contained in subsection (b) apply, in addition to the age and time requirements set
forth in subsection (a) of this Section. A Police Officer shall issue a citation or
make an arrest for curfew only if the officer has reasonable grounds to believe
that the child has violated this Section and that no exceptions apply.
Cd) It is unlawful for any parent, legal guardian or other person to knowingly permit a
person in his/her custody or control to violate this Section.
SECTION 2: That this Ordinance shall be in full force and effect from and after
its passage, approval and publication in pamphlet form in the manner provided by law.
ADOPTED this 16tn day of M6Irch
follows:
, 2004, pursuant to a roll call vote as
AYES:
Corcoran, Hoefert, Lohrstorfer, Skowron, Wilks, Zadel
NAYS:
None
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ABSENT: Non,e
APPROVED by me this .l.Q.thday of MRrrh ,2004.
ATTEST:
:i!!::v~
Published by me in pamphlet form this 17 thday of March
, 2004.
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