§ 66-32. Curfew.

(a)

Intent of section. The continuing urbanization of the western part of the county has been accompanied by a recent dramatic increase in drug usage, vandalism and other crime involving juveniles in the village. In light of the peculiar vulnerability of children, their inability to make critical decisions in an informed, mature manner, and the importance of the parental role in child rearing, the village board has determined that a juvenile curfew is necessary to reduce violence by and against juveniles; to reduce exposure of juveniles to drug trafficking and other criminal activity; and to aid parents and guardians in carrying out their supervisory obligations, and thereby promote the health, safety and general welfare of the public.

(b)

Hours. No person under the age of 18 shall congregate, loiter, wander, stroll, stand or play upon any public street, sidewalk, highway, road, alley, park, vacant lot, public building, place of amusement or entertainment or any public place within the village, either on foot or in or upon any conveyance being driven or parked thereon, between the hours of 10:30 p.m. and 5:00 a.m., unless accompanied by his parent, spouse, guardian or other adult person having legal care or custody of such person. This section shall not apply to any person under 18 years of age who is:

(1)

Returning to his home directly from and immediately after the end of any civic, religious, educational, athletic or social event sponsored by any accredited school, tax exempt church or governmental unit or agency, which event such person could properly and did in fact attend.

(2)

Returning directly from and going directly to his place of employment, which place of employment is known to and approved by his parent, spouse, guardian or other adult person having legal care or custody of such person.

(3)

Returning directly from or going directly to any other activity which has been specifically approved in advance in writing by his parent, spouse, guardian or other adult person having legal care or custody of such person, provided that such written approval is in the possession of such person while returning from or going to such other place or activity.

(4)

Engaged in bona fide interstate travel either through the village or beginning or ending in the village.

(c)

Responsibility of parents. No parent, spouse or guardian, or other adult person having legal care or custody of a person under the age of 18 years, shall suffer, permit, or by inefficient control, allow such person to violate the provisions of subsections (a) and (b) of this section, provided that any such parent, spouse, guardian or other adult person who shall have made a missing person notification to the law enforcement authorities shall not be considered to have suffered, permitted or allowed such a violation.

(d)

Responsibility of operators of places of amusement. No person operating a place of amusement or entertainment within the village, or any agent, servant or employee of any such person, shall permit any person under the age of 18 years to enter or loiter in such places of amusement or entertainment during the hours specified in subsections (a) and (b) of this section, unless such person is accompanied by his parent, spouse, guardian or other adult person having legal care or custody of such person; provided, however, that a minor may enter the place of amusement or entertainment during the hours specified in subsections (a) and (b) of this section only with the advance written permission and approval of his parent, spouse, guardian or person having legal custody of such minor to remain on the premises until 5:00 a.m. during a special event; and provided further that such written approval shall be accepted by the operator or his agent and with his permission. This latter written approval shall be surrendered by the operator or agent to the police department at the request of a police officer.

(Code 1991, § 9.12(6)—(8))