Tuesday, May 26, 2009

Carbondale Curfew

Given the various curfews imposed during the storm, I got curious as to what Carbondale's actual curfew regulations are:

A.Definitions: As used in this section, the terms specified have the following meanings ascribed to them:
EMERGENCY: An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, natural disaster, automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
LEGAL GUARDIAN: A person who, under court order, is the guardian of the person of a minor or a public or private agency with whom a minor has been placed by a court.
MINOR: A person who is under seventeen (17) years of age who is not an emancipated minor pursuant to the laws of the state of Illinois.
PARENT: A person who is a natural parent, adoptive parent, or stepparent of a minor.
PUBLIC PLACE: 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, shops, or any other establishment.
SERIOUS BODILY INJURY: Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss of impairment of the function of any bodily member or organ.
B.Curfew Hours Set: It shall be unlawful for a person under the age of seventeen (17) to be present at or upon any public place at the following times:
1. Between one minute after twelve o'clock (12:01) A.M. and six o'clock (6:00) A.M., Saturday;
2. Between one minute after twelve o'clock (12:01) A.M. and six o'clock (6:00) A.M., Sunday; and
3. Between eleven o'clock (11:00) P.M. on Sunday to Thursday, inclusive, and six o'clock (6:00) A.M. on the following day.
C.Defense To Section: It is a defense to a violation of this section that the minor was:
1. Accompanied by the minor's parent or legal guardian or a person approved by the parent or legal guardian who is at least eighteen (18) years of age.
2. Participating in, going to, or returning from any of the following events or activities:
a. Employment which the laws of this state authorize a person less than seventeen (17) years of age to perform;
b. A recreational or school activity supervised by adults;
c. A religious activity or 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 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;
f. An activity conducted by a nonprofit or governmental entity that provides recreation, education, training, or other care under the supervision of one or more adults;
g. An errand at the direction of the minor's parent or guardian, without detour or stop.
h. An activity on the property owned by the minor's parent or guardian.
D.Parental Responsibility: It shall be unlawful for a parent, legal guardian, or other person to knowingly permit a minor in his or her custody or control to violate this section, without legal justification.
E.Parental Liability: The parent or legal guardian of an unemancipated minor who resides with such parent or legal guardian is liable for actual damages for the wilful or malicious acts of such minor which causes injury to a person or property.
F.Enforcement: Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in subsection C of this section is present.
G.Penalties: A person who violates a provision of this section is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense is punishable by a fine of not less than twenty five dollars ($25.00) and not more than seven hundred fifty dollars ($750.00). (Ord. 2004-21)

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