HomeMy WebLinkAboutORDINANCES-2008-051-O-08•
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Effective Date: May 15, 2008
51-0-08
AN ORDINANCE
4/28/2008
4/23/2008
4/8/2008
3/21 /2008
Amending Various Sections of 9-6-1 of the Evanston City Code,
Entitled "CURFEW"
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That the definition of "Curfew" in Section 9-6-1(A) of
the Evanston City Code of 1979, as amended, is` hereby further amended
as follows:
9-6-1: CURFEW:
(A) Definitions: In this section:
CURFEW HOURS:
1. Ten o'clock (10:00) P.M. on any Sunday, Monday, Tuesday,
Wednesday, and Thursday until six o'clock (6:00) A.M. of the following day; and
2. Eleven o'clock (11:00) P.M. until six o'clock (6:00) A.M. on any
Friday and Saturday.
SECTION 2: That Section 9-6-1(C) of the Evanston City Code of
1979, as amended, is hereby further amended as follows:
(C) DEFENSES:
1. It is a defense to prosecution under subsection (B) of this section
that the minor was:
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a. Accompanied by the minor's parent, guardian, or other •
responsible companion at least twenty-one (21) years of age approved by a
parent or guardian; or unless
b. On an errand at the direction of the minor's parent or
guardian, without any detour or stop;
C. In a motor vehicle involved in interstate travel;
d. Engaged in a business or occupation which the laws of this
state authorize a person, less than seventeen (17) years of age to perform, or going
to or returning home from an employment activity, without any detour or stop;
e. Involved in an, emergency;
f. 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;
- g. Attending an official school, religious, or other recreational
activity supervised by adults and sponsored by the, City, 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 the City, a civic
organization, or another similar entity that takes responsibility for the minor;
h. 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
i. Married or had been married or had disabilities of minority
removed in accordance with the Illinois Emancipation of Mature Minors Act.
2. It is a defense to prosecution under subsection (B)3 of this Section
that the owner, operator, or employee of an establishment promptly notified the
Police Department that a minor was present on the premises of the
establishment during curfew hours and refused to leave.
SECTION 3: That all ordinances or parts of ordinances in conflict
herewith are hereby repealed.
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51-0-08
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SECTION 4: That if any provision of this Ordinance 51-0-08 or
application thereof to any person or circumstance is held unconstitutional or
otherwise invalid, such invalidity shall not affect other provisions or applications
of this Ordinance 51-0-08 that can be given effect without the invalid application
or provision, and each invalid provision or invalid application of this Ordinance
is severable.
SECTION 5: That, this Ordinance shall take effect immediately
upon its passage, due to the urgent need. to prevent an ongoing discrepancy
between the curfews of the City of Evanston and, the City, of Chicago, which
amended its curfew ordinance instituting the proposed in this ordinance, and
began enforcement thereof on. March 22, 2008.
Introduced: Z, 2008 Appr ved:
Adopted: , 2008 , 2008
Z"�
Lgrraine H. Morton, Mayor
Attest:
Mary . M&S ity Clerk
Approved'--
o form:
Elke Tober-furze, Interim
First Assistant Corporation Counsel
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