HomeMy WebLinkAboutG12-24 Ordinance No. G 12-24
AN ORDINANCE
AMENDING CHAPTER 10.41 OF THE ELGIN MUNICIPAL CODE ENTITLED
"CURFEW," AND CREATING A NEW CHAPTER 10.43 OF THE
ELGIN MUNICIPAL CODE ENTITLED"TRUANCY"
WHEREAS, the City Council of the City of Elgin has determined it is necessary and
desirable to amend its ordinance regulating truancy within the City; and
WHEREAS, 65 ILCS 5/11-5-9 provides that the corporate authorities of any municipality
may adopt ordinances to regulate truants within its jurisdiction; and
WHEREAS,the City of Elgin is a home rule municipality as defined in Article VII, Section
6A of the 1970 constitution of the State of Illinois; and
WHEREAS,a home rule unit may exercise any power and perform any function pertaining
to its government and affairs; and
WHEREAS, the regulation of truancy pertains to the government and affairs of the City of
Elgin; and
NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That Chapter 10.41 of the Elgin Municipal Code entitled"CURFEW"be and is
hereby amended to read as follows:
"Chapter 10.41
CURFEW
10.41.010: DEFINITIONS
10.41.020: CURFEW FOR JUVENILES
10.41.030: EXCEPTIONS
10.41.040: PARENTAL RESPONSIBILITY
10.41.050: OPERATOR RESPONSIBILITY
10.41.060: ENFORCEMENT PROCEDURES
10.41.070: PENALTIES
10.41.080: SEVERABILITY
10.41.010 DEFINITIONS:
For the purposes of this Chapter the following terms, phrases, words and their derivations shall
have the meaning given herein. When not inconsistent with the context,words used in the present
tense include the future, words in the plural number include the singular and words in the singular
number include the plural. The word "shall" is always mandatory and not merely directory. The
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following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed
to them in this Section, except where the context clearly indicates a different meaning:
CITY: The City of Elgin, Illinois, with administrative offices at 150 Dexter Court, Elgin, Illinois.
EMERGENCY: 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.
JUVENILE OR MINOR: Any person less than seventeen(17)years of age.
OPERATOR: Any individual, firm, association, partnership, or corporation operating, managing,
or conducting any establishment. The term includes, but is not limited to, the members or partners
of an association or partnership and the officers of a corporation.
PARENT: Any person having legal custody of a juvenile: a) as a natural or adoptive parent, b)as
a legal guardian,c)as a person who stands in loco parentis,or d)as a person to whom legal custody
has been given by court order.
PUBLIC PLACE: Any place to which the public has access.
REMAIN: To stay behind, to tarry and to stay in a public place or to fail to leave the premises of
an establishment when requested to do so by a police officer or the operator of an establishment.
YOUTH EMPOWERMENT PROGRAM: An existing program created and developed by the
Police Department, which centers on a multidisciplinary partnership between the school district,
community-based organizations, faith-based agencies, and the Police Department, with the goals
of decreasing juvenile violence, arrests, gang involvement (activity and membership), and high
school dropout rates, and increasing high school graduation rates.
10.41.020 CURFEW FOR JUVENILES:
It is unlawful for any person less than seventeen (17) years of age to be present at or upon any
public assembly, building, place, street or highway at the following times:
A. Between one minute after twelve o'clock (12:01) A.M. and six o'clock (6:00) A.M.
Saturday;
B. Between one minute after twelve o'clock (12:01) A.M. and six o'clock (6:00) A.M.
Sunday;
C. Between eleven o'clock (11:00) P.M. on Sunday to Thursday, inclusive, and six o'clock
(6:00) A.M. on the following day;
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10.41.030 EXCEPTIONS:
The following shall constitute valid exceptions to the operation of this Chapter:
A. When a juvenile is accompanied by a parent of such juvenile.
B. When a juvenile is accompanied by a person aged twenty-one (21) years or older, who is
authorized by a parent of such juvenile to take said parent's place in accompanying said
juvenile for a designated period of time and purpose within a specified area.
C. When a juvenile is on an errand as directed by the juvenile's parent until the hour of one
o'clock(1:00)A.M.
D. When a juvenile is engaged in a business or occupation which the laws of the state authorize
a person less than seventeen (17) years of age to perform.
E. When a juvenile is 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, by first delivering to the person designated by the City's Chief of Police to
receive such information a written communication, signed by the juvenile and by a parent
of the juvenile with their home address and telephone number, specifying when,where and
in what manner the juvenile will be in a public place during hours when this Chapter is
applicable to said minor in the exercise of a First Amendment right specified in such
communication.
F. In case of reasonable necessity for the juvenile remaining in or traveling through a public
place, but only after the juvenile's parent has communicated to the Chief of Police or the
person designated by the Chief of Police to receive such notifications,the facts establishing
the reasonable necessity relating to a specified public place at a designated time for a
described purpose including points of origin and destination. A copy of the
communication, or of the police record thereof, duly certified by the Chief of Police to be
correct, with an appropriate notation of the time it was received and of the names and
addresses of the parent and juvenile, shall be admissible evidence.
G. When a juvenile is on the property where the juvenile resides.
H. When a juvenile is, with parental consent, engaged in interstate travel through the City or
originating or terminating in the City.
I. When a juvenile is married or has been married pursuant to law.
J. In the case of an operator of an establishment, when the operator has notified the police
that a juvenile was present on the premises of the establishment during curfew hours and
refused to leave.
10.41.040 PARENTAL RESPONSIBILITY:
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It shall be unlawful for a parent having legal custody of a juvenile knowingly to permit or by
inefficient control to allow the juvenile to remain in any public place under circumstances not
constituting an exception to,or otherwise beyond the scope of this Chapter. The term"knowingly"
means and includes actual knowledge or knowledge that a parent should reasonably be expected
to have concerning the whereabouts of a juvenile in that parent's legal custody. It shall be no
defense that a parent was indifferent to the activities,conduct or whereabouts of such juvenile.
10.41.050 OPERATOR RESPONSIBILITY:
It shall be unlawful for any operator of an establishment to knowingly permit a juvenile to remain
at the establishment under circumstances not constituting an exception to,or otherwise beyond the
scope of this Chapter. The term"knowingly"means and includes actual knowledge or knowledge
that an operator should reasonably be expected to have concerning the patrons of the establishment.
The standards for the term "knowingly" shall be applied through an objective test, whether a
reasonable person in the operator's position should have known that the patron was a juvenile in
violation of the Chapter.
10.41.60 ENFORCEMENT PROCEDURES:
A. If a police officer reasonably believes that a juvenile is in a public place in violation of this
Chapter,the officer shall notify the juvenile that the juvenile is in violation of this Chapter
and shall require the juvenile to provide the juvenile's name,address and telephone number
and any information reasonably necessary to contact the juvenile's parent or guardian. In
determining the age of the juvenile and in the absence of reasonable written evidence a
police officer shall, in the first instance of violation of this Chapter, use reasonable
judgment in determining age. If a police officer determines that a juvenile is in violation
of this Chapter,the officer shall take the juvenile to the police station or such other facility
as may be designated by the Chief of Police where a parent or guardian shall immediately
be notified to come for the juvenile within three(3)hours of being contacted.
B. When a parent or guardian, immediately called, has come to take charge of the juvenile,
the juvenile shall be released to the custody of such parent. If the parent cannot be located
or fails to take charge of the juvenile within three (3) hours of being contacted, then the
juvenile shall be released to the appropriate authorities or such other actions as are provided
by law shall be pursued.
C. In the case of a first violation of this Chapter by a juvenile,the Chief of Police or designee
shall, by personal service or certified mail, give parent or guardian written notice of the
violation with a warning that any subsequent violation will result in full enforcement of this
Chapter,including enforcement of parental responsibility and of any applicable penalties.
D. In addition,juveniles and their parent(s),guardian(s),or legal custodian(s)may be referred
to the Youth Empowerment Program. The Youth Empowerment Program will function as
a community-based supportive coalition to help juveniles and their parent(s), guardian(s),
or legal custodian(s) identify and assess the factors contributing to a student's curfew
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violations. Continued curfew violations and/or failure to participate in Youth
Empowerment Program efforts may result in further enforcement actions, including but
not limited to the issuance of a violation or violations of this Chapter. "Failure to
participate"means:(a)missing more than one(1)scheduled Youth Empowerment Program
meeting by the juvenile and his or her parent(s), guardian(s), or legal custodian(s); or (b)
failing to comply with the agreed upon Youth Empowerment Program recommendations
within the specified timeframe.
E. For the first violation of this Chapter by an operator of an establishment who permits a
juvenile to remain on the premises, the Chief of Police shall issue a written notice of the
violation with a written warning that any subsequent violation will result in full
enforcement of this Chapter, including enforcement of operator responsibility and of any
applicable penalties.
10.41.070 PENALTIES:
A. If, after the notice pursuant to section 10.41.060 of a first violation by a juvenile, a parent
violates section 10.41.040(in connection with a second violation by the juvenile or truant),
this shall be treated as a first offense of the parent. For the first offense by a parent,the fine
shall be one hundred dollars ($100.00), plus costs, and for each subsequent offense by a
parent the fine shall be increased by an additional one hundred dollars($100.00),e.g.,two
hundred dollars ($200.00), plus costs for the second offense, three hundred dollars
($300.00), plus costs for the third offense, to a maximum fine of five hundred dollars
($500.00), plus costs for any such offense.
B. If, after being provided notice pursuant to section 10.41.060 of a violation of this chapter,
an operator of an establishment violates section 10.41.050 a second time, this shall be
treated as a first offense by the operator. For the first offense by an operator, the fine shall
be one hundred dollars($100.00),plus costs and for each subsequent offense by an operator
the fine shall be increased by an additional one hundred dollars ($100.00), e.g., two
hundred dollars ($200.00), plus costs for the second offense, three hundred dollars
($300.00), plus costs for the third offense up to a maximum fine of five hundred dollars
($500.00),plus costs for any offense.
C. If a juvenile or truant violates section 10.41.020,the fine for the first offense by a juvenile
or truant shall be one hundred dollars($100.00),plus costs,and for each subsequent offense
by a juvenile or truant the fine shall be increased by an additional one hundred dollars
($100.00), e.g., two hundred dollars ($200.00), plus costs for the second offense, three
hundred fifty dollars ($300.00), plus costs for the third offense, to a maximum fine of five
hundred dollars ($500.00),plus costs for any offense.
D. The foregoing penalty provisions shall be cumulative.
10.41.080 SEVERABILITY:
If any provision, clause, sentence,paragraph,section or part of this Chapter or application thereof
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to any person or circumstance,shall for any reason be adjudged by a court of competent jurisdiction
to be unconstitutional or invalid, said judgment shall not affect, impair or otherwise invalidate the
remainder of this Section and the application of such provision to other persons or circumstances,
but shall be confined in its operation to the provision, clause, sentence, paragraph, Section or part
thereof directly involved in the controversy in which such judgment shall have been rendered and
to the person or circumstances involved. It is hereby declared to be the legislative intent of the
City Council that this Chapter would have been adopted had such unconstitutional or invalid
provisions, clause, sentence, paragraph, section or part thereof not been included."
Section 2. That Chapter 10.43 of the Elgin Municipal Code entitled"TRUANCY"be and
is hereby created to read as follows:
"Chapter 10.43
TRUANCY
10.43.010: PURPOSE
10.43.020: DEFINITIONS
10.43.030: TRUANCY PROHIBITED
10.43.040: EXEMPTIONS
10.43.050: PARENTAL RESPONSIBILITY
10.43.060: INTERVENTION AND ENFORCEMENT
10.43.070: REMEDIES AND PENALTIES
10.43.010 PURPOSE:
The purpose of this Chapter is to promote youth and public health,safety,and welfare by requiring
any person who is required by law to attend school and who is subject to the compulsory attendance
requirements of the Illinois School Code, and enrolled in grades 1 through 12 in a public, private
(including a home school),or parochial school,to first obtain permission from his or her parent(s),
guardian(s), or legal custodian(s), or his or her school authorities before absenting himself or
herself from attendance at a school during the hours in which he or she is enrolled.
10.43.020 DEFINITIONS:
For the purposes of this Chapter the following terms, phrases, words, and their derivations shall
have the meaning given herein. When not inconsistent with the context,words used in the present
tense include the future, words in the plural number include the singular and words in the singular
number include the plural. The word"shall" is always mandatory and not merely directory. The
following words,terms, and phrases, when used in this Chapter, shall have the meanings ascribed
to them in this Section, except where the context clearly indicates a different meaning:
CHRONIC TRUANT: Any minor who falls within the definition of a "chronic truant" assigned
such minors under Section 26-2a of the Illinois School Code, 105 ILCS 5/26-2a, and Section 3-
33.5(a-3) of the Juvenile Court Act of 1987, 705 ILCS 405/3-33.5(a-3). These sections define a
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"chronic truant"as"any minor subject to compulsory school attendance and who is absent without
valid cause from such attendance for ten percent(10%)or more of the previous one hundred eighty
(180)regular attendance days."
CHIEF OF POLICE: The Chief of Police for the City of Elgin Police Department, or his or her
designee.
EMERGENCY: An unforeseen combination of circumstances or the resulting state that calls for
immediate actions. 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.
PARENT:Any person having legal custody of a person or a student who is: 1)a natural or adoptive
parent; 2) a legal guardian; 3) a person who stands in loco parentis; or 4) a person to whom legal
custody has been given by court order.
PARENTAL PERMISSION: Permission given to a student to absent themselves from school or
from one or more school classes or from a school day.
POLICE DEPARTMENT: The City of Elgin Police Department.
SCHOOL HOURS:As designated by a student's school district during weekdays(Monday through
Friday),except when a weekday falls on a holiday.
STUDENT: Any person who is required by law to attend school and who is subject to the
compulsory attendance requirement of the Illinois School Code and enrolled in grades 1 through
12 in a public,private, or parochial school within the corporate limits of the City of Elgin.
TRUANCY OFFICER: Designated school district personnel responsible for informing the
student's parent(s), guardian(s), or legal custodian(s) of truancy, identifying chronic truancy,
referring chronic truants to the Youth Empowerment Program, and issuing truancy violation
notices.
TRUANT: A student who absents themselves from attendance during all, or part of, a school day
during a time when school is in session without parental permission or valid cause.
VALID CAUSE: For absence of attendance at school during enrollment hours includes illness,
observance of religious holiday, death in the immediate family, family emergency, and shall
include such other situations beyond the control of the student as determined by the principal or
the principal's designee of the school that the student attends, the Board of Education in each
school district, or such other circumstances which cause reasonable concern to the parent(s),
guardian(s) or legal custodian(s) for the safety and health of the student.
YOUTH EMPOWERMENT PROGRAM: An existing program created and developed by the
Police Department, which centers on a multidisciplinary partnership between the school district,
community-based organizations, faith-based agencies, and the Police Department, with the goals
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of decreasing juvenile violence, arrests, gang involvement (activity and membership), and high
school dropout rates, and increasing high school graduation rates.
10.43.030 TRUANCY PROHIBITED:
A. It shall be unlawful for any person who is required by law to attend school and who is
subject to the compulsory attendance requirements of the Illinois School Code and enrolled
in grades 1 through 12 in a public, private (including a home school), or parochial school
to absent himself or herself from attendance at school during the hours in which he or she
is enrolled, including summer school, without parental permission, the permission of such
student's school authorities, or valid cause.
B. Each day,or period,that a student absents themselves from attendance in school or a school
class during a time when school is in session without parental permission or valid cause
shall constitute a separate offense and shall be punishable as such.
10.43.040 EXEMPTIONS:
A. The minor is accompanied by his or her parent(s), guardian(s) or legal custodian(s), or
other adult person(s) having the legal care or custody of the minor;
B. The minor is going to or returning directly from a medical appointment;
C. The minor has permission to leave campus and said minor has in his or her possession a
valid, school-issued (including home school), off-campus permit;
D. The minor is going to or returning directly from a public meeting, or place of public
entertainment, such as a movie, play, sporting event, dance, or school activity, provided
such meeting, event, or activity is a school approved activity for the minor or is otherwise
supervised by school personnel of said minor's school;
E. The presence of the minor in said place or places is connected with or required by a school
approved or school related business, trade, profession, or occupation in which said minor
is lawfully engaged;
F. When the minor is exempt by law from compulsory education or compulsory continuation
education;
G. The minor is emancipated pursuant to law;
H. The minor is engaged in an activity protected by the United States or Illinois Constitutions;
and
I. Those defenses and exemptions as set forth in the Illinois School Code for compulsory
attendance or enrollment in school are incorporated herein by reference and shall be
exceptions herein.
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10.43.050 PARENTAL RESPONSIBILITY:
A. It shall be unlawful for a parent to knowingly or negligently permit or cause a student who
is under the age of eighteen(18)years old to be truant.
B. A parent shall be considered to have knowingly or negligently permitted a student to be
truant if the parent has actual knowledge or reasonable cause to know that the student has
absented themselves from attendance during all,or part of,a school day during a time when
school is in session, and the parent fails to act to ensure that the student attends the school
and classes in which they are enrolled.
C. It shall be an offense under this Chapter for a parent to knowingly submit to school
authorities a written excuse which explains the absence from school attendance of the
student in their care or control that contains false information.
D. Each day,or period,that a student is absent from attendance in school and/or a school class
during a time when school is in session when the parent(s)knowingly permitted or caused
that person to be "truant,"as defined in Section 10.43.030 of this Chapter, shall constitute
a separate offense and shall be punishable as such.
10.43.060 INTERVENTION AND ENFORCEMENT:
A. Truants will be initially identified and processed according to the student's school and/or
school district policy. School policies typically include a graduated intervention process
including telephone and written notices to the parent(s), guardian(s), or legal custodian(s),
followed by school conferences consisting of school officials, the student and their
parent(s), guardian(s), or legal custodian(s).
B. Following the exhaustion of a school district's graduated intervention process, truants and
their parent(s), guardian(s) or legal custodian(s) will be referred to the Youth
Empowerment Program. The Youth Empowerment Program will function as a
community-based supportive coalition to help truants and their parent(s), guardian(s) or
legal custodian(s)identify and assess the factors contributing to a student's truant behavior.
C. Continued student truancy and/or failure to participate in Youth Empowerment Program
efforts may result in further enforcement actions, including but not limited to the issuance
of a violation or violations of this Chapter."Failure to participate"means: (a)missing more
than one (1) scheduled Youth Empowerment Program meeting by the truant student and
his or her parent(s), guardian(s), or legal custodian(s); or (b) failing to comply with the
agreed upon Youth Empowerment Program recommendations within the specified
timeframe.
D. Authority to issue a violation of this Chapter shall be vested in the Chief of Police and/or
his or her designee.
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10.43.070 REMEDIES AND PENALTIES:
A. Injunctive Relief: The City is authorized to initiate an action in any court having
jurisdiction for a finding that a student is"truant"as defined in this Chapter. Upon a finding
by a court that a student is"truant"as defined herein,the relief sought shall be a court order
that unless valid cause exists, the student shall attend school in the school in which they
are enrolled during all times when school is in session, including all class periods. In
addition, penalties may be assessed against the student as set forth herein. If a truancy
complaint also names one or more parents of the student as defendants, upon a finding by
the court that the parent(s) knowingly or negligently permitted or caused a "student" as
defined herein to be truant,said parent(s)shall be ordered to take all steps possible to ensure
that the student is not truant in the future. In addition, penalties may be assessed against
the parent(s) as set forth herein. The initiation of an action under this subsection
10.43.070.A is intended to be an additional remedy to enforce the provisions of this
Chapter, and is not intended to be a perquisite to or in any way limit the City's ability or
authority to seek fines or other penalties for violations of this Chapter.
B. The parent(s), guardian(s),or legal custodian(s)of a truant is subject to a fine of up to one
hundred dollars ($100.00) if the minor, or his or her parent(s), guardian(s), or legal
custodian(s), violates the provisions of this Chapter.
C. Any student thirteen(13)years of age or older found to be in violation of the provisions of
this Chapter may, upon conviction, be ordered to perform a term of not more than fifty
(50) hours of community service or community restitution.
Section 3. That all ordinances or parts of ordinance in conflict with the provisions of
this ordinance be and are hereby replaced to the extent of any such conflict.
Section 4. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
David J. Ka ain, ayor
Presented: March 6, 2024
Passed: March 6, 2024
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: March 6, 2024
Published: March 6, 2024
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Kimberly Dewis Ci Clerk
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