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2004-0526/7/04 ORDINANCE NO. 2004- 52 AN ORDINANCE ADDING CHAPTER 9.68, CURFEW, TO THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; WHEREAS, the United States Court of Appeals for the Seventh Circuit in Hodgkins v. Peterson, 355 F.3d 1048 (2004), held certain curfew ordinances unconstitutional unless they provided an exception for various identified First Amendment activities; and WHEREAS, it is in the best interests of the health, safety and welfare of the citizens of Buffalo Grove to amend the Village's Municipal Code in order to comply with the opinion of the United States Court of Appeals for the Seventh Circuit. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT and BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, LAKE and COOK COUNTIES, ILLINOIS, as follows: Section 1. Chapter 9.68 entitled Curfew, is hereby added to the Buffalo Grove Municipal Code, to read as follows: Chapter 9.68 Curfew 9.68.010 Curfew Established. A. It is unlawful for a person less than seventeen (17) years of age to be present at or upon any public assembly, building, place, street or highway at the following times: 1. Between 12:01 A.M. and 6:00 A.M. Saturday; 2. Between 12:01 A.M. and 6:00 A.M. Sunday; and 3. Between 11:00 P.M. on Sunday to Thursday, inclusive, and 6:00 A.M. on the following day. B. Exceptions. 1. When the juvenile is accompanied and supervised by a parent or legal guardian; 2. When the juvenile is accompanied by another responsible companion at least eighteen (18) years of age, approved by a parent or legal guardian; 3. When the juvenile is, engaged in a business or occupation which the laws of this State authorize a person less than seventeen (17) years of age to perform; -1- • 0 4. When the juvenile is participating in, going to or coming from a religious event or school sponsored activity or event; or 5. When the juvenile is participating in, going to or coming from an activity involving the exercise of the juvenile's rights protected under the First Amendment of the United States Constitution, or Article I, Sections 3, 4 and 5 of the Constitution of the State of Illinois, or both, such as freedom of speech and right of assembly. Before an officer may detain an individual for violation of this Chapter, the officer must reasonably determine if an offense has occurred under this Chapter, and if an assertion of First Amendment rights is offered by the juvenile, the officer must take reasonable steps to investigate the validity of the juvenile's claim. C. Parental Responsibility. It is unlawful for a parent, legal guardian or other person to knowingly permit a person in his or her custody to violate any of the provisions of subsection A hereof. D. Penalty. Any person violating any portion of this Chapter shall be punished according to the provisions of Chapter 1.08 of the Buffalo Grove Municipal Code. Section 2. If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not affect any other provision of this ordinance. Section 3. This ordinance shall be in full force and effect from and after its passage, approval and publication. This ordinance may be published in pamphlet form. AYES: 6 — Braiman, Glover, Berman, Johnson, Kahn, Trilling NAYES: 0 - None ABSENT: 0- PASSED: June 7 APPROVED: 2004. 2004. PUBLISHED: June 8 z 2004. ATTEST: illage Clerk APPROVED: -2- Village President 9 STATE OF ILLINOIS ) ) ss. COUNTY OF COOK ) CERTIFICATE I, Janet M. Sirabian, certify that I am the duly elected and acting Village Clerk of the Village of Buffalo Grove, Cook and Lake Counties, Illinois. I further certify that on June 7, 2004 the Corporate Authorities of the Village passed and approved Ordinance No. 2004 -52 entitled: AN ORDINANCE ADDING CHAPTER 9.68, CURFEW, TO THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. 2004 -52, including the Ordinance and a sheet thereof, was prepared, and a copy of such Ordinance was posted in and at the Village Hall, commencing June 7, 2004, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the Office of Village Clerk. Dated at Buffalo Grove, Illinois, this 8th day of June, 2004. VW ge Clerk �O By i . N. 6/7/04 ORDINANCE NO. 2004- 52 AN ORDINANCE ADDING CHAPTER 9.68, CURFEW, TO THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; WHEREAS, the United States Court of Appeals for the Seventh Circuit in Hodgkins v. Peterson, 355 F.3d 1048 (2004), held certain curfew ordinances unconstitutional unless they provided an exception for various identified First Amendment activities; and WHEREAS, it is in the best interests of the health, safety and welfare of the citizens of Buffalo Grove to amend the Village's Municipal Code in order to comply with the opinion of the United States Court of Appeals for the Seventh Circuit. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT and BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, LAKE and COOK COUNTIES, ILLINOIS, as follows: Section 1. Chapter 9.68 entitled Curfew, is hereby added to the Buffalo Grove Municipal Code, to read as follows: Chapter 9.68 Curfew 9.68.010 Curfew Established. A. It is unlawful for a person less than seventeen (17) years of age to be present at or upon any public assembly, building, place, street or highway at the following times: 1. Between 12:01 A.M. and 6:00 A.M. Saturday; 2. Between 12:01 A.M. and 6:00 A.M. Sunday; and 3. Between 11:00 P.M. on Sunday to Thursday, inclusive, and 6:00 A.M. on the following day. B. Exceptions. 1. When the juvenile is accompanied and supervised by a parent or legal guardian; 2. When the juvenile is accompanied by another responsible companion at least eighteen (18) years of age, approved by a parent or legal guardian; 3. When the juvenile is engaged in a business or occupation which the laws of this State authorize a person less than seventeen (17) years of age to perform; 4. When the juvenile is participating in, going to or coming from a religious event or school sponsored activity or event; or 5. When the juvenile is participating in, going to or coming from an activity involving the exercise of the juvenile's rights protected under the First Amendment of the United States Constitution, or Article I, Sections 3, 4 and 5 of the Constitution of the State of Illinois, or both, such as freedom of speech and right of assembly. Before an officer may detain an individual for violation of this Chapter, the officer must reasonably determine if an offense has occurred under this Chapter, and if an assertion of First Amendment rights is offered by the juvenile, the officer must take reasonable steps to investigate the validity of the juvenile's claim. C. Parental Responsibility. It is unlawful for a parent, legal guardian or other person to knowingly permit a person in his or her custody to violate any of the provisions of subsection A hereof. D. Penalty. Any person violating any portion of this Chapter shall be punished according to the provisions of Chapter 1.08 of the Buffalo Grove Municipal Code. Section 2. If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not affect any other provision of this ordinance. Section 3. This ordinance shall be in full force and effect from and after its passage, approval and publication. This ordinance may be published in pamphlet form. AYES: 6 — Braiman Glover Berman Johnson Kahn, Trilling NAYES: 0- ABSENT: 0 - None PASSED: June 7 , 2004. APPROVED: June 7 , 2004. PUBLISHED: June 8 1 2004. ATTEST: '�— illage Clerk APPROVED: -2- Village President