Burbank Police Department  Curfew

SECTION 9-17, CURFEW REGULATIONS, OF THE BURBANK MUNICIPAL CODE BE IT ORDAINED by the City Council of Burbank, Cook County, Illinois, as follows:

Section 1
That Section 9-17, Curfew Regulations, of the Burbank Municipal Code be amended to read as follows:

Sec. 9-17.Curfew.

(a) Definitions.

For purposes of this Section the following terms, phrases, words and their derivations shall have the meaning given therein. When not inconsistent within the context, words used in the present tense include the future, words in the plural number include the singular and words in the singular include the plural. The word “shall” is always mandatory and not merely directory.

Emergency means 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, or automobile accident, or any situation requiring immediate action to prevent serious injury to persons or property.

Establishment means any privately-owned place of business operated for a profit to which the public is invited.

Guardian means any person who, under a court order, is the guardian of the person, of the juvenile or any public or private agency with whom a juvenile has been placed by the court.

Juvenile means any person under seventeen (17).

Operator means any individual, firm, association, partnership, or corporation owning, operating, managing or conducting any establishment; and whenever used in any clause prescribing a penalty the term “operator” as applied to associations or partnerships shall include the members or partners thereof and as applied to corporations, shall include the officers thereof.

Parent means any person having legal custody of a juvenile (i) as a natural or adoptive parent, (ii) as a legal guardian,(iii) as a person who stands in loco parentis, or (iv) as a person to whom legal custody has been given by court order.

Public Place means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, common areas, shopping centers, private businesses, streets, and similar areas that are open to the use of the public.

Remain means to linger, stay, wander, be present at or play in or upon.

(b) Curfew for Juveniles. It shall be unlawful for any juvenile to be or remain in or upon a public place within the City of Burbank during the following times:

Between 11:00 p.m. Friday and 6:00 a.m. Saturday.

Between 11:00 p.m. Saturday and 6:00 a.m. Sunday.

Between 10:00 p.m. on Sunday to Thursday,

inclusive, and 6:00 a.m. on the following day.

(c) Exceptions and Affirmative Defense. It shall not be a violation of this section, and it shall otherwise be an affirmative defense if a juvenile is:

1. Accompanied by the juvenile’s parent, custodian or guardian;

2. Accompanied by an adult authorized by a parent of such juvenile to take said parent’s place in accompanying said juvenile for a designated period of time and for purposes within a specified area.

3. When a juvenile is on the sidewalk or property where the juvenile resides, or on either side of or across the street from the place where the juvenile resides and the adult owner or resident of that property has given permission for the juvenile to be there.

4.When the juvenile is married or has been married pursuant to state law.

5. In the case of an operator of an establishment, when the operator has notified the police that a juvenile was present on the premises of the establishment during curfew hours and refused to leave.

6. Participating in, going to, or returning from:

a. Lawful employment;

b.Attending any official school related activity;

c. An emergency situation, or errand of urgent necessity involving the protection of a person or property;

d. An activity involving the exercise of the juvenile’s rights protected under the First Amendment of the United States Constitution and Article 1, Section 3, 4, and 5 of the Illinois Constitution, or both, such as freedom of speech, religion and the right of assembly; or

e.Engaged in the interstate or international travel originating outside the State of Illinois or originating in the State of Illinois.

(d) Unlawful Conduct of Operators. It shall be unlawful for any operator of an establishment, or its agents or employees, to knowingly allow any juvenile to remain on the premises in violation of Subsection 9-17(b). It shall be an exception and/or affirmative defense if the operator, its agents or employees, notifies the police department that a juvenile is present on the premises of the establishment in violation of the curfew hours and refuses to leave the establishment. Notwithstanding the foregoing, it shall be an exception and/or affirmative defense for the operator, its agents or employees, that the juvenile is not in violation of the curfew hours by way of the exceptions and affirmative defenses contained in Subsection 9-17(c).

(e) Unlawful Conduct of Parent or Guardian. It shall be unlawful for any parent or guardian to knowingly allow, or by insufficient control allow his or her juvenile to violate the provisions of Subsection 9-17(b). Notwithstanding the foregoing, it shall be an exception and/or affirmative defense for the parent or guardian that the juvenile is not in violation of curfew hours by way of the exceptions and affirmative defenses contained in Subsection 9-17(c). It shall be no defense that a parent was completely indifferent to the activities or conduct or whereabouts of such juvenile.

(f) Duties of Police Officers. It shall be the duties of the police officer upon discovering any juvenile, unattended by an adult, to:

1. Inquire of such juvenile their age, place of residence and telephone number.

2.Inquire as to why the juvenile is out past curfew;

3. Assess whether the activity the juvenile is engaged in is/was protected under this Section;

4. Assess whether such an exception or defense is reasonable given the surrounding circumstances, such as time elapsed from beginning or end of said activity, allowing the juvenile a reasonable amount of time to go to or return from such activity without violating this Section.

After the above inquiries are made by the officer, and no exceptions or defenses are applicable, it shall be the duties of the police officers to promptly notify the parent, guardian, or custodian of such juvenile has been detained for violations of the provisions of this Section and to report to the police station for the return of said juvenile to their custody. The police department, shall cause a written notice of the violation of Subsequent 9-17(b) to be mailed to the parent(s) or delivered to the parent(s) upon the juvenile’s return to his home or upon the parent(s) retaining custody of the juvenile from the police. Whenever it is impractical to do so, the said juvenile may be returned forthwith to his home or to the person entitled to his custody.

(g) Vehicle Impoundment.

1. Any motor vehicle used in a violation of this section shall be subject to seizure and impoundment. The registered owner of such vehicle shall be liable to the City for a penalty of one hundred fifty dollars ($150.00), in addition to fees for the towing and storage of the vehicle.

2. Whenever a police officer has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to this Section, the police officer shall provide for the towing of the vehicle to a facility controlled by the City or its agents. When the vehicle is towed, the police officer shall notify the person who is found to be in control of the vehicle at the time of the alleged violation, if there is such a person, of the fact of the seizure and of the vehicle registered owner’s right to request a preliminary hearing to be conducted under this Subsection.

3. Once the vehicle is seized and impounded, the registered owner of the vehicle shall be entitled to notice and a hearing as provided for in the relevant portions of Sections 15-56 and 15-57 of the Municipal Code of the City of Burbank. To the extent applicable, the aforesaid Sections are incorporated herein by reference. Notwithstanding any other provision of this Section, whenever a person with a lien of record against the vehicle has commenced foreclosure proceedings, possession of the vehicle shall be given to that person if he or she agrees in writing to refund to the City the net proceeds of any foreclosure sale, less than the amounts necessary to pay lien holders of record, up to the total amount of penalties and fees imposed under this Section.

4.Vehicles which have been towed and which remain unclaimed by the record owner for a period of ninety (90) days, and there being no filing of an action in the Circuit Court of Cook County appealing the decision of the hearing officer, shall be disposed of pursuant to the provisions of the Illinois Vehicle Code.

5. Any fine, penalty or assessment of fees in accordance with the provisions of this Section, and remaining unpaid after the exhaustion of, or the failure to exhaust, any further remedies by way of certiorari, or any other remedy available under Illinois law, shall be a debt due and owing to the City and may be collected in accordance with applicable law.

(h) Penalties.

1.In case of a juvenile, such juvenile may be fined up to seven hundred fifty dollars ($750.00) for each violation.

2. Any parent or guardian, who shall violate the provisions of this Section, after having receive notice of a prior violation shall be fined up to seven hundred fifty dollars ($750.00) for each violation.

3. Any operator of an establishment and any of its agents or employees of any operator who shall violate the provisions of this Section shall be fined up to seven hundred fifty dollars ($750.00) for each violation.

4. Notwithstanding the foregoing, any juvenile, parent, guardian, or operator may be required to perform some reasonable public service, as provided for in Section 1-2-1 of the Illinois Municipal Code and the relevant provisions of the Municipal Code of the City of Burbank, for each violation herein.

5. Each violation of the provisions of this Section shall constitute a separate offense.

Section 2

If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not affect any of the other provisions of this ordinance.

Section 3
All ordinances or parts of ordinances in conflict with the provisions of those ordinances are hereby repealed insofar as they conflict herewith.

Section 4
This ordinance shall be in full force and effect after passage, approval, and publication. This ordinance is authorized to be published in pamphlet form.

This ordinance was passed and deposited in the office of the City Clerk this 14th day of April, 2004.