ARTICLE IV – TRUANCY AND CURFEW CODE

          26-4-1        DEFINITIONS.  As used in this Article unless the context requires otherwise the following words and phrases shall mean: 

          “COUNTY CURFEW HOURS” means the period of time specified in Section 26-1-12 of the Chapter.

          “COURT” means the 1st Judicial Circuit;Union County,Illinois.

          “CUSTODIAN” means:

          (A)               a person who under court order is the custodian of the person of a minor or

          (B)               a public or private agency with which the court has placed a minor or

          (C)               a person acting in the role of a parent by reason of a private agreement, arrangement, custom or habit.

          “EMERGENCY” means an unforeseen combination of circumstances or the resulting state that calls for immediate action.  The term includes, but is not limited to, fire, natural disaster, automobile accident, medical emergency or any situation requiring immediate action to prevent serious bodily injury or loss of life. 

          “ESTABLISHMENT” means any privately owned place of business to which the public is invited, including but not limited to any place of amusement or entertainment.

          “GUARDIAN” means:

          (A)               parent or

          (B)               a person who under court order is the guardian of the person of a minor; or

          (C)               a public or private agency with which the court has placed a minor.

          “MINOR” means a person under eighteen (18) years of age.

          “PARENT” means a person who is a natural parent, adoptive parent, or step-parent of another person.

          “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, public ways, sidewalks and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.

          “RESPONSIBLE ADULT” means a person at least eighteen (18) years of age, authorized by a parent, guardian or custodian to have the care and custody of a minor.

          “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.

          “TRUANCY CURFEW HOURS” means the period of the day when the school the minor would normally attend is in session, on days when the school the minor would normally attend is in session.

          “TRUANT OFFICER” means any officer, appointee, employee or other agency of any school district or any federal, state or local government, entity or any agency thereof performing the duties of a truant officer under the Illinois Compulsory Attendance Statute.  (105 ILCS 5/26-1 et seq.)

          “TRUANCY REVIEW BOARD” means any agency or entity established by any school district or any federal, state or local governmental entity or any counseling or social agency or any combination thereof recognized by the County and/or the court as an agency which provides service to improve education performance and/or attendance.

          26-4-2        CURFEW RESTRICTIONS.

          (A)               It is unlawful for any minor to be present in any public place or on the premises of any establishment within the County during curfew hours.

          (B)               It is unlawful for any parent or guardian or custodian of a minor to knowingly permit, or by insufficient control to allow, the minor to be present in any public place or on the premises of any establishment within the County during curfew hours.

          (C)               It is a defense to prosecution under Section 26-4-2(A) and (B) or Section 26-4-4 (hereinafter) that the minor was:

                    (1)     accompanied by the minor’s parent, guardian, custodian or responsible adult;

                    (2)     on an errand at the direction of the minor’s parent, guardian, custodian or responsible adult; without any detour or stop;

                    (3)     in a motor vehicle involved in interstate travel with the consent or authorization of a parent, guardian or custodian;

                    (4)     engaged in, going to or returning home from an employment activity without any detour or stop;

                    (5)     involved in an emergency;

                    (6)     on the sidewalk abutting the minor’s residence;

                    (7)     engaged in, going to or returning home from official school, religious or other recreational activity supervised by adults, sponsored by a civic organization, or another similar entity that takes responsibility for the minor;

                    (8)     exercising First Amendment rights protected by the United States Constitution; or

                    (9)     emancipated pursuant to law.

          26-4-3        TRUANCY RESTRICTIONS.

          (A)               It is unlawful for any minor who is subject to compulsory education or to compulsory continuation education by statute or court order to be present in any public place or on the premises of any establishment within the County during truancy curfew hours.

          (B)               It is unlawful for any parent, custodian or guardian of a minor to knowingly permit, or by insufficient control to allow, the minor to be present in any public place or on the premises of any establishment within the County during truancy curfew hours.

          (C)               It is a defense to prosecution under this Section or Section 26-4-4 that the minor was:

                    (1)     accompanied by a parent, guardian, custodian or responsible adult if engaged in an activity which would constitute an excused absence from the school from which the minor would normally attend;

                    (2)     involved in an emergency;

                    (3)     going to or returning from a medical appointment without any detour or stop;

                    (4)     engaged in, going to or returning home from an employment activity pursuant to a cooperative school vocation program without any detour or stop;

                    (5)     in possession of valid proof that the minor is a student who has permission to leave the school campus;

                    (6)     a bona fide participant in an alternative education or home schooling program;

                    (7)     engaged in or subject to an authorized or excused absence from the school which the minor attends, including but not limited to lunch periods. 

          26-4-4        ESTABLISHMENT RESTRICTIONS.  It is unlawful for any owner, operator or any employee of an establishment to allow a minor to be present or to remain upon the premises of the establishment in violation of Sections 26-4-2 or 26-4-3 above during curfew or truancy hours.

It is a defense to prosecution, under this subparagraph if the owner, operator or employee of the establishment immediately upon discovery of a minor reasonably believed to be in violation of Sections 26-4-2 or 26-4-3 notified a law enforcement agency that a minor was present on the premises of the establishment during curfew or truancy hours and refused to leave the establishment after being advised to do so by the owner, operator or employee.

          26-4-5        ENFORCEMENT RESTRICTIONS.  Every member of the Police Department while on duty is hereby authorized as follows:

          (A)               For the first offense of any minor violating the provisions of this Code, to issue to the minor a citation, in writing, in the same form as described in paragraph (C) below.  For a second offense, the law enforcement officer is authorized to temporarily detain any minor violating the provisions of this Code (regardless of whether a citation is immediately issued) until the parent, custodian or guardian of the minor shall take him or her into custody, but such officer shall immediately upon taking custody of the minor reasonably attempt to communicate with the parent, custodian or guardian of the minor unless subparagraph (E) herein is applicable.  A parent, custodian or guardian must take custody of the minor within one (1) hour of the time of notice or be subject to a charge of Twenty-Five Dollars ($25.00) per hour as hereinafter provided.

          (B)               Whenever a Police Officer or Truant Officer witnesses or has knowledge based on reasonable grounds of a violation of this Code by any person, such person may be issued a citation.  A citation or complaint may be made to a Police Officer or Truant Officer by any person.

          (C)               A citation issued hereunder this shall be in writing and shall:

                    (1)     state the name of the person being cited and the person’s address if known;

                    (2)     set forth the specific section of this Code that was violated, the date of the violation and a brief description of the violation;

                    (3)     be signed by the issuing Police Officer, Truant Officer or complaining party.

In each instance where a citation is issued to a minor for violation of this Code a minor’s parent, custodian or guardian shall be provided a copy of the citation notifying the parent, custodian or guardian of the charge made against the minor.

          (D)               A minor cited for a citation under this Code must attend a court hearing or Truancy Review Board hearing on the citation and must be accompanied at the hearing by his or her parent, custodian, guardian or other adult person having the legal care and custody of the minor.  If any such person fails to attend any court hearing with the minor, and unless the interest of justice would otherwise be served, the court may continue the hearing and shall issue a Notice or a Rule to Show Cause to the person directing that said person to appear at the continued hearing with the minor.  Failure of the person to thereafter appear shall subject said person to sanctions for contempt of court as determined by the court.

          (E)               Every member of the Police Department while on duty is hereby authorized to temporarily detain any minor violating the provisions of Section 26-4-3 of this Code, regardless of whether a citation is issued, and to deliver and surrender the minor to the lawful authorities of the school that the minor would normally attend.

          26-4-6        PENALTY.

          (A)               Any person who violates any provision of this Article shall, upon conviction thereof, be fined as provided in Section 1-1-20 of this Code.  (See also Section 1-1-20)

          (B)               In lieu of or in addition to a fine, a minor may be ordered to attend counseling or to perform ten (10) hours of court approved community service during times other than the minor’s hours of school attendance and/or the minor’s parent, custodian, guardian or other adult having legal care or custody of the minor may be ordered to attend a parenting class or series of parenting classes or other counseling approved by the court or recommended by the Truancy Review Board or to attend any program directly related to improving school attendance and/or performance.

          (C)               In addition to any penalty imposed pursuant to (A) or (B) above, the minor’s parents, custodian, guardian or other adult having legal care or custody of the minor may be ordered to pay all amounts imposed as civil liability under Section 26-4-7 hereinafter.

          26-4-7        CIVIL LIABILITY.  If a minor is detained for a period of time in excess of one (1) hour which requires the supervision of the minor by personnel of the Police Department, the parent, custodian, guardian or other adult having legal care or custody of the minor shall be jointly and severally liable for the costs therefore.  The parent, custodian, guardian or other adult having legal care or custody of the minor who has committed any offense of this Code shall be assessed and billed for the costs; the costs shall be recoverable in any action enforcing any provision of this Code or in a separate civil action.  In addition, the failure to pay the costs shall constitute a violation of this Code and subject the violator to the penalties described within Section 26-4-6 above.  In the event any action is filed, the liable party shall be responsible for all court costs and any reasonable attorney’s fees incurred by the County in collecting.