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VILLAGE OF LEMONT
ORDINANCE NO. 0 -'7 -o
AN ORDINANCE AMENDING CHAPTER 9.48 OF
THE LEMONT MUNICIPAL CODE RELATING TO
CURFEW WITH RESPECT TO MINORS
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
This /o('day of
Published in pamphlet form by
authority of the President and
Board of Trustees of the Village
of Lemont, Cook, Will and DuPage
Counties, Illinois, this
day of , 2004
, 2004.
No.7599
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0-7-0 4
AN ORDINANCE AMENDING CHAPTER 9.48 OF
THE LEMONT MUNICIPAL CODE RELATING TO
CURFEW WITH RESPECT TO MINORS
No.7599 P 3
WHEREAS, the Seventh Circuit Court of Appeals has receitly decided that an Indiana
statute providing for curfew for minor children was unconstitutional because it infringed upon
the minor's First Amendment rights; and
WHEREAS, Chapter 9.48 of the Lemont Municipal Code makes no provision with respect
to a minor being in public during the hours of curfew while exercising his /her First Amendment
rights; and
WHEREAS, the Village Board of the Village of Lemont finds that it is necessary to revise
Chapter 9.48 of the Code of the Village of Lemont so that it is in accord with minors' Federal
constitutional rights;
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE BOARD OF THE VILLAGE OF LEMONT,
ILLINOIS AS FOLLOWS:
Section 1, Chapter 9.48 of the Code of the Village of Lemont is hereby amended by
deleting the entire Chapter and substituting the following:
Chapter 9.48. Established; Parental Responsibility.
(A) It is unlawful for a person less than 17 years of age to be present at or upon
any public assembly, building, business, street, highway or other public
place or way at the following times:
(1) For persons less than 13 years of age, between 9:00 p.m. and 6:00
a.m. the following day on any day of the week.
(2) For persons at least 13 year of age, but not yet 17 years of age:
a. Between 11:00 p.m. on Sunday through Thursday,
inclusive, and 6:00 am. the following day.
b. Between 12:01 a.m. and 6:00 a.m. on Saturday or
Sunday.
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o.7599 P 4
(B) It is a defense to a violation under this chapter that the child engaged in the
prohibited conduct while:
(1) Accompanied by the child's parent, legal guardian, custodian,
sibling, stepbrother or stepsister at least 18 years o= age;
(2) Accompanied by an adult at least 21 years of age approved by the
child's parent, guardian or custodian.
(3) Participating in, going to, or returning from:
a. employment which the laws of this state authorize a
person less than 17 years of age to perform;
b. a school recreational activity;
c. a religious event;
d. an emergency involving the protection of a person or
property from an imminent threat of serious bodily injury
or substantial damage;
e. an activity involving the exercise of the child's rights
protected under the First Amendment to the United
States Constitution or Article 1, Sections 3, 4 and 5 of
the Constitution of the State of Illinois, or both;
f. an activity conducted by a non - profit or governmental
entity that provides recreation, education, training, or
other care under the supervision of one (1) or more
adults.
A citation for violation of subsection (A) of this Section nay be issued by a Police
Officer only if he reasonably believes that a violation has occurred and none of the defenses
enumerated in subsection (B) apply.
(C) it is unlawful for a parent, legal guardian, custodian, x other person to
knowingly permit a person in his custody or control to violate the provisions
of subsection (A) of this section. It shall be a rebuttable presumption that
a person has violated this section if someone under 17 years of age of whom
such person has custody or control is present upon any public assembly,
building, business, street or highway or other public place or public way in
violation of subsection (A) of this section, and none of the defenses
enumerated in subsection (B) hereof apply.
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TC OPOULOS & VIRTEL PC
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(D) Any person convicted of a violation of subsection (C) of this section shall be
fined $100.00 for the first violation in any 12 month period; $100.00 for a
second violation in any 12 month period; and $200.00 for a third or
subsequent violation in any 12 month period.
Section 2. This ordinance shall be in full force and effect immediately upon its
passage.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF
LEMONT, COUNTIES OF COOK, WILL AND DU PAGE, ILLINOIS, on this 246 day of March, 2003
Brian Reaves
Debby Blatzer
Peter Coules
Ron Stapleton
Steven Rosendahl
Jeanette Virgilio
AYES NAYS ABSENT ABSTAIN
V
v
v
V
Approved by me this I L day of b.
, 2004.
JOH F. P • , Village President
&-11716141-
HARLENE M. SMOLLEN, Village Clerk
Approved as to Form:
JOHN P. ANTONOPOULOS, Village Attorney