G-797 - 01/10/2006 - OFFENSE - OrdinancesORDINANCE 2006- PD -OF -G -797
AN ORDINANCE AMENDING SECTION 17 (OFFENSES INVOLVING
MINORS) OF CHAPTER 1 (MISCELLANEOUS OFFENSES)
OF TITLE 6 (POLICE REGULATIONS) OF THE VILLAGE
CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS
WHEREAS, the Village Manager and staff have recommended an amendment to Title 6, Chapter
1, Section 17, of the Village Code of the Village of Oak Brook, and
WHEREAS, the Village President and Board of Trustees have reviewed this amendment and
have approved the change recommended by the Village Manager and staff, and
WHEREAS, the President and Board of Trustees deems passage of this ordinance to be in the
best interest and in pursuance of the general welfare of the Village of Oak Brook
NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of
Oak Brook, DuPage and Cook Counties, Illinois as follows
Section 1 That Title 6, Chapter 1, Section 17 of the Village Code of the Village of Oak Brook
is amended by revising Section 6 -1 -17 as follows
6 -1 -17 OFFENSES INVOLVING MINORS.
A Renting Hotel or Motel Rooms No person shall rent a hotel or motel room from the
proprietor or agent for the purpose of or with the knowledge that such room shall be used
for the consumption of alcoholic liquor by persons under the age of twenty -one (21)
years
B Curfew for Minors
1 Curfew Established It shall be unlawful for any person less than seventeen (17) years
of age to be present at or upon any public assembly, building, place or street at the
following times
Between one minute after twelve o'clock (12 01) midnight and six o'clock (6 00)
am on Saturday,
Between one minute after twelve o'clock (12 01) midnight and six o'clock (6 00)
am on Sunday,
Between eleven o'clock (11 00) p m on Sunday, Monday, Tuesday, Wednesday
or Thursday and six o'clock (6 00) a m the following day
2 It is a defense to a violation under this chapter that the minor is engaged in the
prohibited conduct while
(a) accompanied by the minor's parent, legal guardian, or adult acting in
loco parentis
(b) accompanied by an adult at least eighteen (18) years of age approved by
the minor's parent or guardian ( "authorized adult "),
Ordinance 2006- PD -OF -G -797
Amending Curfew Offense
Page 2 of 3
(c) on an errand at the direction of the minor's parent or guardian, without
any detour or stop,
(d) in a motor vehicle involved in interstate travel,
(e) married or has been married or is an emancipated minor under the
Emancipation of Minors Act,
(f) participating in, going to, or returning from any of the following without
any detour or stop
(1) Employment which the laws of this State authorize a person less
than seventeen (17) years of age to perform,
(ii) An authorized school or recreational activity,
(iii) A religious event,
(iv) A recreational activity supervised by adults and sponsored by a
government or governmental agency, or a civic organization that
takes responsibility for the minor,
(v) An emergency involving the protection of a person or property
from an imminent threat of serious bodily injury or substantial
damage,
(vi) An activity involving the exercise of the minor'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, or
(vii) 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 adult(s)
3 Before taking enforcement action a law enforcement officer shall ask the
apparent offender's age and reason for being in the public place A citation for
subsection B1 of this Section may be issued by a Police Officer only if he or she
reasonably believes that a violation has occurred and none of the defenses
enumerated in subsection B2 apply
4 It is unlawful for a parent, legal guardian, or authorized adult to knowingly permit
a person under the age of seventeen (17) in his or her custody or control to
violate the provisions of subsection B1 of this section If a parent, legal guardian
or authorized adult has custody of a person under the age of seventeen (17) and
the person under the age of seventeen (17) is present at any public assembly, or
is in or upon any building, business, street or highway or other public place or
public way there shall exist a rebuttable presumption that such presence is in
violation of subsection B1 of this Section, and none of the defenses enumerated
in subsection B2 hereof apply
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Amending Curfew Offense
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5 Any person convicted of a violation of subsection 131 of this section shall be fined
seventy -five dollars ($75 00) for the first violation in any twelve (12) month
period, one hundred dollars ($100 00) for a second violation in any twelve month
period, and two hundred dollars ($200 00) for a third or subsequent violation in
any twelve month period
Section 2 That this ordinance shall be in full force and effect from and after its passage,
approval and publication as required by law
Section 3 That the Village Clerk is hereby authorized and directed to publish this ordinance in
pamphlet form in the manner provided by law
APPROVED THIS 10th day of January, 2006
Keviuinlan
Village President
PASSED THIS 10th day of January, 2006
Ayes Trustees Aktipis, Kennedy, Manofsky, Sanford and Yusuf
Nays
None
Absent Trustee Craig
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Ja K Gonnella, CMC
�� illage Clerk