Minors caught on the streets of DeKalb after hours better have a good excuse for the police.

An amendment to the city’s curfew ordinance for children under age 17 requires police officers to ask would-be offenders why they are out past 11 p.m. Sunday through Thursday or after midnight Friday and Saturday.

Officers no longer will be able to ticket a child if he or she is going to or coming from an activity that is protected under the First Amendment, such as a political rally or a church event, City Attorney Margo Ely said.

The change is the result of a Seventh Circuit federal appellate court ruling in Chicago that stated an Indiana curfew law violated these rights, Ely said.

Under the amendment passed at the March 22 city council meeting, an officer cannot issue a citation or arrest the child unless he or she reasonably believes a violation has occurred.

Last year, the city picked up 50 curfew violators, Ely said. Offenders usually are first-timers; repeat offenders are rare.

The city juvenile offender program is designed to target first-time offenders, Ely said. Instead of issuing fines, which children usually don’t have the money for and Ely said she doesn’t want to push onto parents, the city issues orders to the offenders. Usually, it is community service.

They also are placed under court supervision for six months to one year, Ely said. The purpose of the program is to identify the child’s problem and work to rectify it.

“Our program is focused on helping the kids to make better choices and have a brighter future,” Ely said.

In the event of a repeat offender, the case could be referred to the state court, and the offender may face time in the juvenile hall, she said.

The amendment did not change the curfew times, which stand from 11 p.m. to 6 a.m. Sunday through Thursday and from midnight to 6 a.m. Friday and Saturday.