§ 14-67. School curfew for minors.

(a)

Definitions. The following words and terms shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Where applicable, words used in the present tense include the future tense of the word and words in the singular include the plural form of the word.

"Emergency" means an unforeseen combination of circumstances or the resulting state that calls for immediate actions. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

"Parent" means any person having legal custody of a person or student who is:

(1)

A natural or adoptive parent;

(2)

A legal guardian;

(3)

A person who stands in loco parentis; or

(4)

A person to whom legal custody has been granted by court order.

Student means any person who is required by law to attend school and who is subject to the compulsory attendance requirement of the Illinois School Code and enrolled in grades kindergarten through twelve (12) in a public, private, or parochial school.

Truant means any student who is absent from compulsory school attendance for a school day, or any part thereof, without valid cause.

Valid cause means any illness, observance of a religious holiday, death in the immediate family, family emergency, court appearance, situations beyond the student's control as determined by the student's principal or the principal's designee or such other circumstances that cause reasonable concern to the parent for the student's safety or health.

(b)

Compulsory school attendance. A parent of any child between the ages of six (6) and seventeen (17) years of age (unless the child has graduated from high school) shall cause such child to attend a public, private, parochial or home school the entire time that school is in session during the regular school term and during any required summer school programs.

(c)

Exceptions to compulsory school attendance. The following children shall be exempt from compulsory school attendance:

(1)

Any child who is physically or mentally unable to attend school as long as such disability is certified by a licensed physician;

(2)

Any child who is excused for temporary absence for a valid cause or emergency by the principal or teacher of the school which the child attends;

(3)

Any child who is lawfully employed and has been excused from attendance at school by the superintendent of schools pursuant to Section 105 ILCS 5/26-1 of the Illinois School Code;

(4)

Any child who is accompanied by his or her parent(s), guardian(s) or legal custodian(s), or other adult person(s) having the legal care or custody of the minor child;

(5)

Any child who is going to or returning directly from a medical appointment;

(6)

Any child who has permission to leave the school campus and said minor has in his or her possession a valid, school-issued (including home school), off-campus permit;

(7)

Any child who is going to or returning directly from a public meeting, or place of public entertainment, such as a movie, play, sporting event, dance or school activity, provided such meeting, event or activity is a school approved activity for the minor or is otherwise supervised by school personnel of said minor's school;

(8)

Any child who is exempt by law from compulsory education or compulsory continuation education;

(9)

Any child who is emancipated pursuant to law;

(10)

Any child travelling to or from school by the most direct route;

(11)

Any child who is engaged in an activity protected by the United States or Illinois Constitutions; or

(12)

Any child who is subject to one (1) of the exemptions for compulsory attendance or enrollment in school as set forth in the Illinois School Code, which exemptions are incorporated herein by reference and shall be exceptions herein.

(d)

Truancy prohibited. It shall be unlawful for any person who is required by law to attend school and who is subject to the compulsory attendance requirements of the Illinois School Code and enrolled in grades kindergarten through twelve (12) in a public, private (including a home school), or parochial school to be absent himself or herself from attendance at school during all or part of the hours in which he or she is enrolled, including summer school, without permission from the student's parent(s), guardian(s) or legal custodian(s), or the permission of such student's school authorities.

(e)

Parental responsibility. Each parent of a student shall be responsible for such student's attendance at school. It shall be unlawful for a parent to knowingly or negligently permit or cause a student to be truant. A parent shall be considered to have knowingly or negligently permitted a student to be truant if the parent has actual knowledge or reasonable cause to know that the student has absented himself or herself from attendance during all, or part of, a school day during a time when school is in session and the parent fails to act to ensure that the student attends school and the classes in which he or she is enrolled.

(f)

Contributing to truancy. No person eighteen (18) years of age or older shall knowingly or willfully cause, aid or encourage any person to be or to become a truant, knowingly or willfully commit an act which directly tends to render any person a truant, or knowingly or willfully fail to do that which will directly tend to prevent such state of truancy.

(g)

Penalty. Persons who violate this section are guilty of a separate offense for each day or part of a day during which a violation is committed, continued or permitted. Each offense by a parent, a person contributing to truancy, or a student thirteen (13) years of age or older is punishable by a fine of not less than fifty dollars ($50.00) for the first offense, not less than seventy-five dollars ($75.00) for the second offense and not less than one hundred dollars ($100.00) for the third or subsequent offense(s). For students under thirteen (13) years of age, the parent is subject to a fine of not less than fifty dollars ($50.00) for the first offense, not less than seventy-five dollars ($75.00) for the second offense and not less than one hundred dollars ($100.00) for the third or subsequent offense(s). In addition, or in the alternative, to any fine(s) issued pursuant to this section, any person convicted of a violation of any act declared to be unlawful by this section may be sentenced to community service.

(h)

Enforcement. Any Village of Libertyville Police Officer shall have the authority to issue administrative ordinance violation notices for violations of this section.

(Ord. No. 95-0-24, § 3, 4-11-95; Ord. No. 16-O-71, § 2, 7-12-16)