O-04-15VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-04-15
AN ORDINANCE AMENDING ARTICLE 8, CURFEW FOR
MINORS, OF CHAPTER 15 MUNICIPAL CODE
OF THE VILLAGE OF DEERFIELD
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
15th day of March , 2004.
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
16th day of March , 2004.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-04-15
AN ORDINANCE AMENDING ARTICLE 8, CURFEW FOR
MINORS, OF CHAPTER 15 MUNICIPAL CODE
OF THE VILLAGE OF DEERFIELD
WHEREAS, Chapter 15, Article 8 of the Municipal Code of the Village of Deerfield
establishes curfew hours for minors; and
WHEREAS, the United States Circuit Court of Appeals in Hodgkins v Peterson, 355
F.3d 1048 (7°i Cir. 2004), held that curfew ordinances that do not provide curfew exceptions for
participation by minors in protected First Amendment activities unlawfully chill the First
Amendment rights of minors to participate in such activities;
WHEREAS, the Village President and Board of Trustees have determined to amend
Article 8, "Curfew for Minors," of Chapter 15 of the Municipal Code of the Village of Deerfield
to provide a curfew exception for First Amendment activities that take place, during curfew
hours;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES,
ILLINOIS, in the exercise of its home rule powers, as follows:
SECTION 1: That Section 15 -62 of Article 8, "Curfew for Minors," of Chapter 15 of the
Municipal Code of the Village of Deerfield, is hereby amended to read as follows:
15 -62: CURFEW HOURS; EXCEPTIONS; PENALTY; ENFORCEMENT:
(a) It is unlawful for a person less than eighteen (18) years of age to be
present at or upon any public assembly, building, place, street, highway, or
public way within the Village at the following times:
(1) Between eleven o'clock (11:00) P.M. and six o'clock (6:00) A.M.
Sundays through Thursdays.
(2) Between one minute after twelve o'clock (12:01) A.M. and six o'clock
(6:00) A.M. on Saturdays and Sundays.
(b) It shall be unlawful for any parent, legal guardian or other person to
knowingly permit a person in his custody or control to violate subsection
(a) of this Section.
(c) It is not an offense under this subsection (a) if the minor was:
(1) accompanied and supervised by a parent, legal guardian or other responsible
companion at least twenty -one years of age approved by the parent or legal
guardian;
(2) engaged in an employment activity or occupation which the laws of this State
authorize a person under the age of eighteen (18) years to perform, or going to or
returning from such an employment or occupation without any detour or stop;
(3) 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.
(d) 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
from the apparent offender and other circumstances known to or discovered by
the officer, no defense under subsection (c) of this Section is present.
(e) A person convicted of a violation of any provision of this Section shall be guilty
of a petty offense and shall be fined not less than Ten Dollars ($10.00) nor more
than One Hundred Dollars ($100.00).
SECTION 2: That this Ordinance, and each of its terms, shall be the effective legislative
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act of a home rule municipality without regard to whether such Ordinance should: (a) contain
terms contrary to the provisions of current or subsequent non - preemptive state law; or, (b)
legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the
intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of
this Ordinance should be inconsistent with any non - preemptive state law, this Ordinance shall
supersede state law in that regard within its jurisdiction.
SECTION 3: That this Ordinance shall be in full force and effect from and after its
passage, approval and publication in pamphlet form as provided by law.
PASSED this 15th day of March , 2004.
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0 )
ABSENT: None (0 )
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