G42-97 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
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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
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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
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