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HomeMy WebLinkAboutG42-97 CITY OF ELGIN ORDINANCE NO. G42-97 AN ORDINANCE AMENDING CHAPTER 10.41 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "CURFEW" ADOPTED BY THE e. CITY COUNCIL OF THE CITY OF ELGIN ON THIS 10TH DAY OF SEPTEMBER 1997 Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 12th day of September, 1997. STATE OF ILLINOIS ) ) ss. COUNTY OF KANE ) CERTIFICATE I, Dolonna Mecum, certify that I am the duly appointed and acting municipal clerk of the City of Elgin, Cook and Kane Counties, Illinois. I further certify that on September 10, 1997, the Corporate Authorities of such municipality passed and approved Ordinance No. G42-97, entitled An Ordinance, Amending Chapter 10.41 of the Elgin Municipal Code, 1976, as Amended, Entitled "Curfew," which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. G42-97, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted r. in the municipal building, commencing on, September 12, 1997, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk. DATED at Elgin, Illinois, on September 12, 1997. Municipa Clerk (SEAL) Ordinance No. G42-97 fow AN ORDINANCE AMENDING CHAPTER 10 . 41 OF THE ELGIN MUNICIPAL CODE, 1976 , AS AMENDED, ENTITLED "CURFEW" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That Section 10 . 41 . 010 entitled "Definitions" of the Elgin Municipal Code, 1976 , as amended, be and is hereby amended by adding subparagraph ( I ) as follows : "I . "Truant" shall have the same definition as provided by 105 ILCS 5/26-2a, as amended. " Section 2 . That Section 10 . 41 . 020 entitled "Curfew for Juveniles" of the Elgin Municipal Code, 1976 , as amended, be and is hereby amended by amending same to read as follows : "It is unlawful for any truant or any person less than 17 years of age to be present at or upon any public assembly, building, place, street or highway at the following times : A. Between 12 : 01 a.m. and 6 : 00 a.m. Saturday; fir• B. Between 12 : 01 a.m. and 6 : 00 a .m. Sunday; and f C. Between 11 : 00 p.m. on Sunday to Thursday, inclusive, and 6 : 00 a.m. on the following day. D. As applied to truants, during such times as such truant is required to be at school by law. " Section 3 . That Section 10 .41 . 040 entitled "Parental Responsibility" of the Elgin Municipal Code, 1976 , as amended, be and is hereby amended by amending same to read as follows : "It shall be unlawful for a parent having legal custody of a truant or juvenile knowingly to permit or by inefficient control to allow the truant or juvenile to remain in any public place under circumstances not constituting an exception to, or otherwise beyond the scope of this ordinance. The term "knowingly" includes actual knowledge or knowledge that a parent should reasonably be expected to have concerning the whereabouts of a truant or 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 truant or juvenile. " Section 4 . That Section 10 . 41 . 050 entitled "Operator Responsibility" of the Elgin Municipal Code, 1976, as amended, be and is hereby amended by amending same to read as follows : "It shall be unlawful for any operator of an establishment to knowingly permit a truant or juvenile to remain at the establishment under circumstances not constituting an exception to, or otherwise beyond the scope of this ordinance. The term "knowingly" includes actual knowledge or knowledge that an operator should reasonably be expected to have concerning the patrons of the establishment . The standards for "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 truant or juvenile in violation of the ordinance. " Section 5 . That Section 10 .41 . 060 entitled "Enforcement Procedures" of the Elgin Municipal Code, 1976 , as amended, be and is hereby amended by amending same to read as follows : "A. If a police officer reasonably believes that a juvenile or truant is in a public place in violation of this ordinance, the officer shall notify the juvenile or truant that the juvenile or truant is in violation of the ordinance and shall require the juvenile or truant to provide the juvenile ' s or truant ' s name, address and telephone number and any information reasonably necessary to contact the juvenile ' s or truant ' s parent or guardian. In determining the age of the juvenile or truant and in the absence of reasonable written evidence a police officer shall, in the first instance of violation of the ordinance, use reasonable judgment in determining age. If a police officer determines that a juvenile or truant is in violation of this ordinance, the officer shall take the juvenile or truant 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 or truant within three ( 3) hours of being contacted. In the case of truants such parent or guardian shall be notified of the truant' s location, but may not be required to pick up such truant within three ( 3) hours if the officer has taken the truant to school . 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 hours of 2 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 ordinance by a juvenile or truant, the Chief of Police or his 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 the ordinance, including enforcement of parental responsibility and of any applicable penalties . D. For the first violation of the ordinance by an operator of an establishment who permits a juvenile or truant 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 the ordinance, including enforcement of operator responsibility and of any applicable penalties . " Section 6 . That Section 10 .41 . 070 entitled "Penalties" of the Elgin Municipal Code, 1976 , as amended, be and is hereby amended by amending same to read as follows : "A. If, after the notice pursuant to Section 10 . 41 . 060 of a first violation by a juvenile or truant, 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 $100, plus costs, and for each subsequent offense by a parent the fine shall be increased by an additional $100, e.g. , $200 plus costs for the second offense, $300 plus costs for the third offense, to a maximum fine of $500 plus costs for any offense. B. If, after being provided notice pursuant to Section 10 . 41 . 060 of a violation of the ordinance, 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 $100, plus costs and for each subsequent offense by an operator the fine shall be increased by an additional $100, e.g. , $200 plus costs for the second offense, $300 plus costs for the third offense up to a maximum fine of $500 plus costs for any offense. elk C. If a juvenile or truant violates Section 10 . 41 . 020, the fine for the first offense by a juvenile or truant shall be $100, plus costs, and for 3 each subsequent offense by a juvenile or truant the fine shall be increased by an additional $100, e.g. , $200 for the second offense, $300 plus costs for the third offense, to a maximum fine of $500 plus costs for any offense. D. The foregoing penalty provisions shall be cumulative. " Section 7 . That all ordinance or portions of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 8 . That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. Kevin Kelly, Mayor Presented: September 10, 1997 Passed: September 10, 1997 Omnibus Vote: Yeas 7 Nays 0 Recorded: September 11 , 1997 Published: September 12 , 1997 low Attest: 41 , Dolonna Mecum, City Clerk 4