ORDINANCE NO. 9 AN ORDINANCE ESTABLISHING TRUANCY AND CURFEW HOURS

Similar documents
AN ORDINANCE AMENDING SECTION , CURFEW, FOR THE VILLAGE OF NEW LENOX, WILL COUNTY, ILLINOIS

Juvenile Curfew Ordinance Sumter County, South Carolina

ORDINANCE NO AN ORDINANCE AMENDING CONCORD MUNICIPAL CODE CHAPTER 66, (OFFENSES AND MISCELLANEOUS PROVISIONS), ARTICLE III (CURFEW FOR MINORS)

City of Dallas. Agenda Information Sheet. File #: Item #: 26.

ORDINANCE NO.,180173

~------~EW BUSINESS c

Ordinance Regulating "Curfews for Minors" Law Nelson County, Kentucky

CHAPTER V STREETS AND SIDEWALKS

Title 9 PUBLIC PEACE, MORALS AND WELFARE

SHEWSBURY BOROUGH YORK COUNTY, PENNSYLVANIA ORDINANCE NO AN ORDINANCE

CHAPTER 46 MINORS Curfew Contributing to Delinquency Cigarettes and Tobacco Minors in Taverns

Chapter 71 PEACE AND GOOD ORDER. ARTICLE I Miscellaneous Provisions. ARTICLE II Disorderly Behavior

ORDINANCE NO WHEREAS, the Borough of Berlin, by Ordinance No. 101, enacted August 17, 1943, established a curfew for minors; and,

THE LEGAL DRIVING AGE IN ILLINOIS

FOREST COUNTY POTAWATOMI TRUANCY ORDINANCE

Chapter TITLE XIII: GENERAL OFFENSES 130. GENERAL OFFENSES

TITLE XIII: GENERAL OFFENSES. Chapter 130. GENERAL OFFENSES

SENATE, No. 692 STATE OF NEW JERSEY. 209th LEGISLATURE INTRODUCED JANUARY 24, 2000

Chapter 6. Conduct. Part 1 Discharge of Firearms and Launching of Other Missiles. Part 2 Public Property

CHAPTER 9 PEACE AND ORDER 9.02 VIOLATIONS OF ALCOHOL BEVERAGE LAWS BY UNDERAGE PERSONS 9.05 OFFENSES AGAINST STATE LAWS SUBJECT TO FORFEITURE

PART II - CODE OF ORDINANCES Chapter 13 - LICENSES, PERMITS AND BUSINESS REGULATIONS ARTICLE II. - AMUSEMENTS DIVISION 4.

ORDINANCE NO. 08- THE CITY COUNCIL OF THE CITY OF MISSION VIEJO DOES ORDAIN AS FOLLOWS:

Village of Princeville. Minutes of the Regular Board Meeting. Tuesday September 3, :30 pm Princeville Village Hall

SCHLEIFER v. CITY OF CHARLOTTESVILLE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. 159 F.3d 843 May 5, 1998, Argued October 20, 1998, Decided

(b) PERSON: is any person, firm, partnership, association, corporation, company, club, or any kind of organization.

ORDINANCE NO. 903 BE IT ORDAINED BY THE PRESIDENT AND VILLAGE BOARD OF TRUSTEES OF THE VILLAGE OF COBDEN, UNION COUNTY, ILLINOIS, THAT:

SECTION 1, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MEMPHIS,

Ordinance CB-O AMENDING DU PAGE COUNTY CODE CHAPTER 28 - RAFFLES

Public Act No

The Board of Supervisors of the County of Riverside, State of California, do ordain as follows:

BEFORE THE BOARD OF COUNTY COMMISSIONERS FOR MULTNOMAH COUNTY, OREGON ORDINANCE NO.

OHIO. Section General Assembly: 122. Bill Number: Amended Sub. House Bill 352 Effective Date: 01/01/98 (A) As used in this section:

CHAPTER 3 PUBLIC SAFETY

CHILDREN AND YOUNG PERSONS ACT (CHAPTER 38)

CHAPTER 5. Offenses by Juveniles

ORDINANCE No THE COUNCIL OF THE CITY OF SOUTH FULTON HEREBY ORDAINS as follows:

ORDINANCE CITY OF NEW ORLEANS. AN ORDINANCE to amend and reordain Section of the Code of the City of New

IC ARTICLE 30. JUVENILE LAW: JUVENILE COURT JURISDICTION

Draft Substitute Ordinance As Reamended July 22, 2008 S U B S T I T U T E O R D I N A N C E A S R E A M E N D E D

Title 15: COURT PROCEDURE -- CRIMINAL

County of Rock Island, Illinois - - Liquor Control Resolution - -

Town of Taber Bylaw. Community Standards Bylaw

ORDINANCE NO Civil Infractions Ordinance Wayland

TOWNSHIP OF LOWER MERION Building and Planning Committee Issue Briefing. Prepared By: Robert Duncan, Assistant Township Manager

ORDINANCE NO O-011 ORDINANCE AMENDING ARTICLE III OF CHAPTER 21 OF THE CODE OF ORDINANCES OF THE CITY OF PONTIAC, LIVINGSTON COUNTY, ILLINOIS

TRUANCY REFORM & SCHOOL ATTENDANCE HB 2398

ARTICLE 1. CEREAL MALT BEVERAGES

PART 6 COURT CHAPTER 1 MUNICIPAL COURT

4. Such inspector shall complete the appropriate portions on the form and certify that the property has been tested and certify the results of such

Title 13 PUBLIC PEACE, MORALS AND WELFARE Offenses By or Against Public Officers and Government

Title 9 PUBLIC PEACE, MORALS AND WELFARE

TOWNSHIPOF MARPLE ORDINANCE No

TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO P&Z

CHAPTER 3: ENFORCEMENT

CHARTER. of the CITY OF PENDLETON

CHAPTER 6 CONDUCT. Part 1 Disorderly Conduct Prohibited. Part 2 Establishment of Curfew. Part 3 Prohibiting Discharge of Firearms or Similar Device

THE MENTAL HEALTH ACTS, 1962 to 1964

CHAPTER 9 FIRE PREVENTION** Article 1. Fire Prevention Code. Be it ordained by the City Council of the City of Wilburton as follows:

TITLE 11 MUNICIPAL OFFENSES 1

Chapter 6. Conduct. Part 1 Propulsion of Rocks, Stones or Other Missiles Prohibited. Part 2 Frequenting Disorderly Houses

Title 1 General Provisions

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST PLAINS, MISSOURI, AS FOLLOWS:

Chapter 5 IMPOUNDMENT OF VEHICLES USED IN ILLEGAL ACTIVITIES

ORDINANCE NO

CHAPTER 13 MINORS. Article 1. Curfew. Minors under eighteen prohibited on public streets or places during

APPROVED: 3/31/08 1 of 1

UNIFORM PUBLIC OFFENSE CODE. Article 2 NON-VEHICLE SOUND AMPLIFICATION SYSTEMS Article 3 CURFEW Article 4 FIREWORKS

(A) subject to the condition that the person not commit a Federal, State, or local crime during the period of release

KENDALL COUNTY, ILLINOIS ORDINANCE NO.,),- b J 8 1d-- --

City of Flowood, Mississippi. Qualified Resort Area Ordinance. Ordained July 7, 2009 As amended on August 20, 2012

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2013 H 2 HOUSE BILL 725 Committee Substitute Favorable 6/12/13

THE VILLAGE BOARD, ITS OFFICERS AND EMPLOYEES

THE COUNCIL OF THE CITY OF WATERVLIET LOCAL LAW NO. 6-I FOR THE YEAR 2017 ***************************************************************************

CHAPTER VI. LIQUOR, BEER AND WINE

Copyright Crash Data Services, LLC All rights reserved.

Significant welfare / safety enhancements as well as revenue in the range of $30,000+ per year per location are easily attainable.

ORDINANCE NO AN ORDINANCE AMENDING THE BOROUGH OF CHAMBERSBURG CODE OF ORDINANCES, CHAPTER 204, PARADES AND PUBLIC GATHERINGS

CHAPTER 1 GENERAL PROVISIONS

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2015 H 1 HOUSE BILL 399. Short Title: Young Offenders Rehabilitation Act. (Public)

THE REFUGEES BILL, 2011

Office of Chicago City Clerk

TITLE 2 BOARDS AND COMMISSIONS, ETC. CHAPTER 1. CENTRAL BUSINESS IMPROVEMENT DISTRICT. 2. BOARD OF EDUCATION. CHAPTER 1

CHAPTER Committee Substitute for Senate Bill No. 1552

ORDINANCE NO AN ORDINANCE ESTABLISHING A SYSTEM FOR THE LICENSING OF ORGANIZATIONS TO OPERATE

Session of SENATE BILL No. 41. By Committee on Judiciary 1-19

Title 9 PUBLIC PEACE, MORALS AND WELFARE. Chapter 9.04 GENERAL PROVISIONS

CRIMINAL PROCEDURE (BAIL) (JERSEY) LAW 2017

Borough of Susquehanna Depot Susquehanna County, Pennsylvania. Ordinance No. 467 INTERNATIONAL PROPERTY MAINTENANCE CODE

TOWNSHIP OF NEPTUNE NOTICE OF FINAL ADOPTION OF ORDINANCE ORDINANCE NO

ARKANSAS ADULT ABUSE ACT Definitions. As used in this chapter, unless the context otherwise requires:

STAFF REPORT. MEETING October 24, City Council. Adam McGill, Chief of Police. PRESENTER: Michael Howard, Patrol Lieutenant

BOROUGH OF NEWVILLE CUMBERLAND COUNTY, PENNSYLVANIA ORDINANCE NO

STATE OF ALABAMA COUNTY OF DEKALB CITY OF FORT PAYNE ORDINANCE NO (AS AMENDED BY ORDINANCE NO )

FILE OF THE CITY CLERK ADMINISTRATION ORDINANCE NO (AS AMENDED) ADMINISTRATION BILL NO INTRODUCED SEPTEMBER 11, 2018

GANGES TOWNSHIP ORDINANCE NO. 23 VEHICLE STORAGE AND REPAIR ORDINANCE. Adopted: December 13, Effective: January 22, 2006 THE TOWNSHIP OF GANGES

SURREY TOWNSHIP ORDINANCE NO. OF Short Title: Surrey Township Junk and Blight Ordinance

CRIMINAL LAW (CHILD ABDUCTION) (JERSEY) LAW 2005

CONNECTICUT SEX-OFFENDER REGISTRATION AND NOTIFICATION

2007 Mental Health No.5 SAMOA

LICKING COUNTY GENERAL HEALTH DISTRICT PLUMBING REGULATIONS

Transcription:

ORDINANCE NO. 9 AN ORDINANCE ESTABLISHING TRUANCY AND CURFEW HOURS WHEREAS, the purpose of this ordinance is to provide certain reasonable rules for persons under the age of eighteen (18) during normal school hours and evening and nighttime hours for the benefit of the citizens of West Frankfort, Illinois. WHEREAS, the City Council has determined that there has been an increase in juvenile crime by persons under the age of eighteen (18) in the City of West Frankfort, Illinois; WHEREAS, the City has an obligation to provide for the enforcement of parental control over and responsibility for children, for the protection of the general public and for the reduction of the incidence of juvenile criminal activity and truancy from school; and WHEREAS, City curfew hours and truancy curfew hours for those under the age of eighteen (18) will be in the interest of the public health, safety and general welfare and will help to attain the foregoing objectives and to dismiss the undesirable impact of such conduct on the citizens of the City of West Frankfort, Illinois. BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF WEST FRANKFORT, ILLINOIS THAT: 1. Truancy and Curfew Ordinance a. City Curfew Hours means the period from 11:00 p.m. on any Sunday to Thursday, inclusive, and 6:00 a.m. on the following day and the period between 12:00 midnight on Friday and Saturday, inclusive, and 6:00 a.m. on the following day. b. Truancy Curfew Hours means the period of the day when the school the minor would normally attend is in session. c. It shall be unlawful for any person under the age of eighteen (18) being either: 1) enrolled in a public or private school within the City of West Frankfort, Franklin County, Illinois; 2) a resident of the City of West Frankfort, Franklin County, Illinois, enrolled in a public or private school outside of said City of West Frankfort; or 3) a non-resident of the City of West Frankfort, Franklin County, Illinois, enrolled in any public or private school outside of said City of West Frankfort to be present within the City of West Frankfort and absent himself or herself from attendance at school during session without the permission of his or her parent or legal guardian

d. The term minor and person under the age of eighteen (18) shall be synonymous as used herein. e. Emergency means an unforeseen combination of circumstances or the resulting state that calls for immediate action. 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. f. Establishment means 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. g. Guardian means: 1) a person who, under court order, is the guardian of the person of a minor; or 2) a public or private agency with whom a minor has been placed by a court. h. Parent means a person who is: 1) a natural parent, adoptive parent, or step-parent of another person; or 2) at least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of a minor. i. 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, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops. j. Remain means to: 1) linger or stay; or 2) fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises. k. 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. 2. Curfew Restrictions a. It is unlawful for any person under the age of eighteen (18) to be present in any public place or on the premises of any establishment within the City of West Frankfort, Franklin County, Illinois, during City curfew hours. b. It is unlawful for any parent, guardian or custodian of a minor to knowingly permit or, by insufficient control, allow the minor to be present in any public place or on the premises of any establishment within the City of West Frankfort, Franklin County, Illinois, during City curfew hours. c. It is a defense to prosecution under Section 2(a) or 2(b) or 4 (hereinafter) that the minor was: 1) Accompanied by the minor s parent, guardian, custodian, or responsible adult; 2

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 or intrastate travel with the consent or authorization of a parent, guardian or custodian; 4) Engaged in or going to or returning home from an employment activity without any detour or stop; 5) Involved in an emergency; 6) On a sidewalk abutting the minor s residence; 7) Engaged in, going to or returning home from an official school, religious, or other recreational activity supervised by adults, sponsored by the City of West Frankfort, Franklin County, Illinois, 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. 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 City of West Frankfort, Franklin County, Illinois, during truancy curfew hours b. It is unlawful for any parent, guardian, or custodian of a minor to knowingly permit, or, by insufficient control, allow the minor to be present in any public place or on the premises of any establishment within the City of West Frankfort, Franklin County, Illinois, during truancy curfew hours. c. It is a defense of prosecution under Section 3(a) or 3(b) or 4 (hereinafter) that the minor was: 1) Accompanied by a parent, guardian 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 from an employment activity pursuant to 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; or 3

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. 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 paragraph 2 or 3 above during City curfew hours or truancy curfew 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 paragraph 2 or 3 notified the Police Department that the minor was present on the premises of the establishment during City curfew hours or truancy curfew hours and refused to leave the establishment after being advised to do so by the owner, operator or employee. 5. Enforcement A. Every officer of the Police Department, while on duty, is hereby authorized to temporarily detain any minor violating the provisions of this Ordinance (regardless of whether a citation is immediately issued) until the parent, guardian, or custodian of the minor shall take him or her into custody. Such officer shall immediately upon taking custody of the minor reasonably attempt to communicate with the parent, guardian, or custodian or the minor unless subparagraph (e) herein is applicable. A parent, guardian or custodian must take custody of the minor within one (1) hour of the time of notice or be subject to a charge of $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 the Ordinance 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 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 the Ordinance that was violated, the date of the violation and a brief description of the violation; and 3) be signed by the issuing police officer, truant officer or complaining party. D. A minor cited for a citation under this Ordinance must attend a court hearing or Truancy Review Board on the citation and must be accompanied at the hearing by his or her parent, guardian, custodian or any other adult person having the 4

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 or shall issue a notice or a Rule to Show Cause to the person for sanctions or 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 paragraph 3 of this Ordinance, regardless 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. 6. Penalty A. Any person who violates any provision of this Ordinance shall upon conviction thereof be fined not less than $5.00 nor more than $200.00 and a separate offense shall be deemed to have been committed upon each day on which such violation occurs or continues. 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 courtapproved community service during times other than the minor s hours of school attendance and/or the minor s parent, guardian, custodian or other adult person having legal care or custody of the minor 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 (6A) or (6B) above, the minor s parent, guardian, custodian or other adult person having legal care or custody of the minor may be ordered to pay all amounts imposed as a civil liability under paragraphs 5A and 7 hereinafter. 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 West Frankfort Police Department, the parent, guardian, custodian or other adult person having the legal care or custody of the minor shall be jointly and severally liable for the costs therefor. The parent, guardian, custodian or other adult person having legal care or custody of the minor who has committed any offense of this Ordinance shall be assessed and billed for the costs. The costs shall be recoverable in any action enforcing any provision of this Ordinance or in a separate civil action. In addition, the failure to pay the costs shall constitute a violation of this Ordinance and subject the violator to the penalties described within paragraph 6 above. In the event any action is filed, 5

the liable party shall be responsible for all court costs and any reasonable attorney s fees incurred by the city or county collecting. 8. All ordinances and parts of ordinances in conflict herewith are hereby repealed. 9. This Ordinance shall take effect upon its passage. PASSED BY THE CITY COUNCIL OF THE CITY OF WEST FRANKFORT, FRANKLIN COUNTY, ILLINOIS, THIS 11th DAY OF OCTOBER, 2005. 6