Ordinance 2008-006 I I
Ordinance No. OLo
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF
YORKVILLE, KENDALL COUNTY, ILLINOIS, PROVIDING FOR CURFEW REGULATIONS
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WHEREAS, the United City of Yorkville (the "City ") is a non home -rule municipality in
accordance with the Constitution of the State of Illinois of 1970 and has the powers granted to it by law;
WHEREAS, pursuant to Section 11 -1 -5 of the Illinois Municipal Code (65 ILCS 511 -1 -1, et.
seq.) and the Child Curfew Act (720 ILCS 55510.01 et. seq.) the City may declare a curfew throughout
all of any part of the City and establish the conditions and restrictions thereof.
THEREFORE, BE IT ORDAINED b the Mayor and City Council of the United City NOWT Y Y t5' t5' of
Yorkville, Kendall County, Illinois, as follows:
Section 1. Title 5, Chapter 4, Section 1, Subsection A(1) of the United City of Yorkville Code of
Ordinances is hereby deleted and replaced with the following:
1. Between 12:01 A.M. Saturday and 6:00 A.M. Saturday;
Section 2. Title 5, Chapter 4, Section 1 of the United City of Yorkville Code of Ordinances is
hereby amended by the addition of the following new Subsection C and D:
C. Defenses: It is a defense to prosecution under this Section that the minor was:
1. Accompanied by the minor's parent or guardian or other person in custody or
control of the minor;
2. On an errand at the direction of the minor's parent or guardian, without any
detour or stop;
3. In a motor vehicle involved in interstate travel;
4. Engaged in an employment activity or going to or returning home from an
employment activity, without any detour or stop;
5. Involved in an emergency;
6. On the sidewalk abutting the minor's residence or abutting the residence of a
next -door neighbor if the neighbor did not complain to the police department
about the minor's presence;
7. Attending an official school, religious, or other recreational activity supervised
by adults and sponsored by a government or governmental agency, a civic
organization, or another similar entity that takes responsibility for the minor, or
going to or returning home from, without any detour or stop, an official school,
religious, or other recreational activity supervised by adults and sponsored by a
government or governmental agency, a civic organization, or another similar
entity that takes responsibility for the minor;
8. Exercising First Amendment rights protected by the United States
Constitution, such as the free exercise of religion, freedom of speech, and the
right of assembly; or
9. Married or had been married or is an emancipated minor under the
Emancipation of Minors Act.
D. Enforcement: Before taking any enforcement action under this Section, a law
enforcement officer shall ask the alleged 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 is present.
Section 3. This Ordinance shall be in full force and effect upon its passage, approval, and
publication as provided by law.
ADOPTED by this \ a day of 2008, pursuant to a roll call vote as follows:
AYES: 1
NAYS: --
ABSENT:
APPROVED by me this ka— day 2008.
Mayor
ATTEST:
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