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Title XIII General Offenses

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TITLE XIII:  GENERAL OFFENSES

 

 

Chapter

 

           130.      GENERAL PROVISIONS

 

           131.      OFFENSES PERTAINING TO PROPERTY

 

           132.      OFFENSES AGAINST PUBLIC ORDER

 

           133.      OFFENSES AGAINST PUBLIC JUSTICE AND

               ADMINISTRATION

 

           134.      OFFENSES AGAINST PUBLIC MORALS

 

           135.      GAMBLING OFFENSES

 

           136.      OFFENSES AGAINST PUBLIC HEALTH AND

               SAFETY

 

           137.      WEAPONS

 

 

 

 

 

 

 

 

 

 

 

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   CHAPTER 130:  GENERAL PROVISIONS

 

 

Section

 

130.01  Definitions

130.02  Intent

130.03  Knowledge

130.04  Recklessness

130.05  Negligence

130.06  Attempt

 

130.99  Penalty

 

 

 130.01  DEFINITIONS.

 

For the purposes of this title, the following words and phrases shall have the following meanings ascribed to them respectively.

 

ACT.  The taking of action or a failure or omission to take action. 

(ILCS Ch. 720, Act 5,  2‑2)

 

ANOTHER.  A person or persons other than the offender. 

(ILCS Ch. 720, Act 5,  2‑3)

 

CONDUCT.  An act or a series of acts, and the accompanying mental state. 

(ILCS Ch. 720, Act 5,  2‑4)

 

OFFENSE.  A violation of a penal statute of this village or state. 

(ILCS Ch. 720, Act 5,  2‑12)

 

 

 130.02  INTENT.

 

A person intends, or acts intentionally or with intent, to accomplish a result or engage in conduct described by the section defining the offense, when his or her conscious objective or purpose is to accomplish that result or engage in that conduct.

(ILCS Ch. 720, Act 5,  4‑4)

 

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 130.03  KNOWLEDGE.

 

(A) A person knows, or acts knowingly or with knowledge of:

 

(1)      The nature or attendant circumstances of his or her conduct, described by the section defining the offense, when he or she is consciously aware that his or her conduct is of such nature or that such circumstances exist.  Knowledge of a material fact includes awareness of the substantial probability that the fact exists.

 

(2)      The result of his or her conduct, described by the section defining the offense, when he or she is consciously aware that such result is practically certain to be caused by his or her conduct.

 

(B)      Conduct performed knowingly or with knowledge is performed willfully, within the meaning of a statute using the latter term, unless the section clearly requires another meaning.

(ILCS Ch. 720, Act 5,  4‑5)

 

 

 130.04  RECKLESSNESS.

 

A person is reckless or acts recklessly, when he or she consciously disregards a substantial and unjustifiable risk that circumstances exist or that a result will follow, described by the section defining the offense; and such disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation.  An act performed recklessly is performed wantonly, within the meaning of a section using the latter term, unless the statute clearly requires another meaning.

(ILCS Ch. 720, Act 5,  4‑6)

 

 

 130.05  NEGLIGENCE.

 

A person is negligent, or acts negligently, when he or she fails to be aware of a substantial and unjustifiable risk that circumstances exist or a result will follow, described by the statute defining the offense; and such failure constitutes a substantial deviation from the standard of care which a reasonable person would exercise in the situation.

(ILCS Ch. 720, Act 5,  4‑7)

 

 

 130.06  ATTEMPT.

 

(A)      Elements of the offense.  A person commits an attempt when, with intent to commit a specific offense, he or she does any act which constitutes a substantial step toward the commission of that offense.

 

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(B)      Impossibility.  It shall not be a defense to a charge of attempt that because of a misapprehension of the circumstances it would have been impossible for the accused to commit the offense attempted.

 

(C)      Statutory fine.  A person convicted of an attempt may be fined not to exceed the maximum provided for the offense attempted.  If such fine exceeds that set forth in  130.99 below, however, the village shall enforce the offense under the provisions of state law.

(ILCS Ch. 720, Act 5,  8‑4)  Penalty, see  130.99

 

 

 

 130.99  PENALTY.

 

Whoever violates any provisions of this title for which another penalty is not specifically provided shall be fined not less than $25 nor more than $750.

 

 

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   CHAPTER 131:  OFFENSES PERTAINING TO PROPERTY

 

 

Section

 

131.01  Damage of firefighting apparatus, hydrants, or equipment

131.02  Trespass to land

131.03  Damaging village property

 

 

 131.01  DAMAGE OF FIREFIGHTING APPARATUS, HYDRANTS, OR EQUIPMENT.

 

No person shall willfully and maliciously cut, injure, damage, tamper with, destroy, or deface any fire hydrant, fire hose, fire engine, or other public or private firefighting equipment, or any apparatus appertaining to such equipment, or intentionally open any fire hydrant without proper authorization.

(ILCS Ch. 720, Act 5,  21‑1.1)  Penalty, see  130.99

 

 

 131.02  TRESPASS TO LAND.

 

(A) (1)      Whoever commits any of the following commits a misdemeanor:

 

(a)      Knowingly and without lawful authority enters or remains within or on a building; or

 

(b)   Enters upon the land of another, after receiving prior to such entry notice from the owner or occupant that such entry is forbidden; or

 

(c)   Remains upon the land of another, after receiving notice from the owner or occupant to depart; or

 

(d)   Enters upon one of the following areas in or on a motor vehicle (including an off-road vehicle, motorcycle, moped, or any other powered two-wheel vehicle), after receiving prior to that entry notice from the owner or occupant that the entry is forbidden, or remains upon or in the area after receiving notice from the owner or occupant to depart:

 

1.     Any field that is used for growing crops or which is capable of being used for growing crops; or

 

2.     An enclosed area containing livestock; or

 

 

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3.     An orchard; or

 

4.     A barn or other agricultural building containing livestock.

 

(2)      For purposes of this division (A), this section shall not apply to being in a building which is open to the public while the building is open to the public during its normal hours of operation, nor shall this section apply to a person who enters a public building under the reasonable belief that the building is still open to the public.

 

(B)  A person has received notice from the owner or occupant within the meaning of division (A) if the person has been notified personally, either orally or in writing, including a valid court order as defined by ILCS Ch. 725, Act 5,  112A‑3 granting remedy (2) of ILCS Ch. 725, Act 5,  112A‑14(b), or if a printed or written notice forbidding such entry has been conspicuously posted or exhibited at the main entrance to the land or the forbidden part thereof.

 

(C)  This section does not apply to any person, whether a migrant worker or otherwise, living on the land with permission of the owner or of the owner=s agent having apparent authority to hire workers on the land and assign them living quarters or a place of accommodations for living thereon, nor to anyone living on such land at the request of or by occupancy, leasing, or other agreement or arrangement with the owner or the owner=s agent, nor to anyone invited by such migrant worker or other person so living on the land to visit him or her at the place that person is so living upon the land.

 

(D) (1)      A person shall be exempt from prosecution under this section if the person beautifies unoccupied and abandoned residential and industrial properties located within any municipality.

 

(2)      For the purpose of this division (D), UNOCCUPIED AND ABANDONED RESIDENTIAL AND INDUSTRIAL PROPERTY means any real estate:

 

(a)   In which the taxes have not been paid for a period of at least two years; and

 

(b)   Which has been left unoccupied and abandoned for a period of at least one year.

 

(3)      For the purpose of this division (D), BEAUTIFIES means to landscape, to clean up litter, or to repair dilapidated conditions on, or to board up windows and doors.

 

(E)  No person shall be liable in any civil action for money damages to the owner of unoccupied and abandoned residential and industrial property which that person beautifies pursuant to division (D) of this section.

 

(F)  This section does not prohibit a person from entering a building or upon the land of another for emergency purposes.  For purposes of this division (F), EMERGENCY means a condition or circumstance in which an individual is or is reasonably believed by the person to be in imminent danger

 

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of serious bodily harm or in which property is or is reasonably believed to be in imminent danger of damage or destruction.

(ILCS Ch. 720, Act 5,  21‑3)  Penalty, see  130.99

 

 

 131.03  DAMAGING VILLAGE PROPERTY.

 

(A) It shall be unlawful to:

 

(1)      Knowingly damage any village property without the village=s consent;

 

(2)      Recklessly, by means of fire or explosion, damage village property without the village=s consent;

 

(3)      Knowingly start a fire on village land without the consent of the village;

 

(4)      Knowingly deposit on village land or in a village building any stink bomb or any offensive-smelling compound which thereby tends to interfere with the use by the village of its land or buildings.

 

(B)  For the purposes of this section, PROPERTY means anything of value including but not limited to real estate, money, commercial instruments, written instruments representing or embodying rights concerning anything of value, labor, or services, things affixed to or found on land or part of or affixed to any building, electricity, gas, or water.

(Ch. 720, Act 5,  21‑1)  Penalty, see  130.99

Statutory reference:

Additional prohibitions; felonies, see ILCS Ch. 720, Act 5,  21‑1

 

 

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   CHAPTER 132:  OFFENSES AGAINST PUBLIC ORDER

 

 

Section

 

132.01  Disorderly conduct

132.02  Curfew

132.03  Fighting; challenging confrontation

132.04  Loitering

132.05  Congregation or assembly; disturbance

132.06  Obstructing access to public buildings, streets, sidewalks or public places

132.07  Sledding

132.08       Assault and battery

132.09  Fireworks

132.10  Barber shops; Sunday offering

132.11  Bawdy houses; houses of ill fame

132.12  Discriminatory housing practices; complaint procedure

132.13       Truancy

132.14  Disturbing the peace, noise

Cross-reference:

Inoperable and Abandoned Vehicles, see Ch. 90

 

 

 132.01  DISORDERLY CONDUCT.

 

(A) A person commits disorderly conduct when he or she knowingly:

 

(1)      Does any act in such unreasonable manner as to alarm or disturb another and to provoke a breach of the peace;

 

(2)      Enters upon the property of another, and for a lewd or unlawful purpose deliberately looks into a dwelling on the property through any window or other opening in it; or

 

(3)      Transmits or causes to be transmitted a false report to the Department of Children and Family Services under the Abused and Neglected Child Reporting Act, ILCS Ch. 325, Act 5,  4;

 

(4)      Transmits or causes to be transmitted a false report to the Department of Public Health under the Nursing Home Care Act, ILCS Ch. 210, Act 45,  1‑101 et seq.;

 

(5)      Transmits or causes to be transmitted in any manner to the Police Department or Fire Department or any privately-owned and operated ambulance service, a false request for an ambulance, emergency medical technician-ambulance, or emergency medical technician-paramedic knowing at the time there is no reasonable ground for believing that such assistance is required.

 

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(6)      Transmits or causes to be transmitted a false report under ILCS Ch. 320, Act 15,  0.01 et seq.

 

(7)      Transmits or causes to be transmitted a false report to any public safety agency without the reasonable grounds necessary to believe that transmitting such a report is necessary for the safety and welfare of the public; or

 

(8)      Calls the number A911@ for the purpose of making or transmitting a false alarm or complaint and reporting information when, at the time the call or transmission is made, the person knows there is no reasonable ground for making the call or transmission and further knows that the call or transmission could result in the emergency response of any public safety agency.

 

(B)  In addition to any penalty imposed as set forth in  130.99, any person convicted of disorderly conduct shall be ordered by the court to perform community service, as set forth under the provisions of ILCS Ch. 720, Act 5,  26‑1.

(ILCS Ch. 720, Act 5,  26‑1)  Penalty, see  130.99

 

 

 132.02  CURFEW.

 

(A) It is unlawful for a person less than 17 years of age to be present at or upon any public assembly, building, place, street, or highway at the following times unless accompanied and supervised by a parent, legal guardian, or other responsible companion at least 18 years of age approved by a parent or legal guardian or unless engaged in a business or occupation which the laws of the state or this code or other ordinances of the village authorize a person less than 17 years of age to perform:

 

(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)  (1)  It shall be unlawful for any person having the legal care and custody of a child under 17 years of age to allow or permit such child to go or be upon any public street, alley or other place in the village during the nighttime as restricted in division (A) of this section.

 

(2)      Every member of the police force while on duty is authorized to detain any such minor willfully violating the provisions of this section until the parent or guardian of the child shall take him or her into custody; but such officer shall immediately upon taking custody of the child communicate with the parent or guardian.

 

(C)  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 $10 nor more than $500, except that neither a person who has been made a ward of the court under the Juvenile Court Act of 1987, ILCS Ch. 705, Act 405,  1‑1

 

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et seq., nor that person=s legal guardian, shall be subject to any fine.  In addition to or instead of the fine imposed by this section, the court may order a parent, legal guardian, or other person convicted of a violation of division (B) of this section to perform community service as determined by the court, except that the legal guardian of a person who has been made a ward of the court under the Juvenile Court Act of 1987 may not be ordered to perform community service.  The dates and times established for the performance of community service by the parent, legal guardian, or other person convicted of a violation of division (B) of this section shall not conflict with the dates and times that the person is employed in his or her regular occupation.

(Am. Ord. passed 6-11-07)

Statutory reference:

Authority to impose curfew, see ILCS Ch. 65, Act 5,  11‑1‑5

Similar state law, see ILCS Ch. 720, Act 555,  1

 

 

 132.03  FIGHTING; CHALLENGING CONFRONTATION.

 

Any person who shall engage in fighting, who shall challenge another person to fight, who shall use threatening or abusive language toward any other person tending to a breach of the peace, who shall commit an assault or an assault and battery upon any person, or who shall in any way aid, assist, abet or encourage any person whomsoever so to do or commit any of the acts, shall be punished.

(>87 Code,  15‑1)  Penalty, see  10.99

 

 

 132.04  LOITERING.

 

(A) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

 

LOITERING.  Remaining idle in essentially one location and shall include the concepts of spending time idly or walking about aimlessly and shall also include the colloquial expression Ahanging around.@

 

(B)  It shall be unlawful for any person in the village to loiter in, about or upon any street, alley or other public way or public place, any public gathering, assembly, or in or around any store, shop or business or commercial establishment or on any private property or place without lawful business and obstruct or block full passage over, on, into or along the streets, ways, establishments or places, in a manner as to:

 

(1)      Create or cause to be created a danger of a breach of the peace;

 

(2)      Create or cause to be created any disturbance or annoyance to the comfort and repose of any persons;

 

(3)      Obstruct the free passage of pedestrians or vehicles; and/or

 

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(4)      Obstruct, molest or interfere with any person lawfully in any public place.

 

(C)      Whenever the presence of any person in any public place is causing or is likely to cause any of the conditions enumerated in division (B) above, any police officer may order that person to leave that place. Any person who shall refuse to leave after being ordered to do so by a police officer shall be guilty of a violation of this section.

(>87 Code,  15‑9)  Penalty, see  10.99

 

 

 132.05  CONGREGATION OR ASSEMBLY; DISTURBANCE.

 

No person shall interrupt, disquiet or disturb any congregation or assembly met for religious worship or other lawful purpose, by menace, profanity, rude or indecent behavior, or any other disorderly conduct within its place of meeting, or so near to the same as to disturb the order and solemnity of the meeting.

(>87 Code,  15‑4)  Penalty, see  10.99

 

 

 132.06  OBSTRUCTING ACCESS TO PUBLIC BUILDINGS, STREETS, SIDEWALKS OR PUBLIC PLACES.

 

(A)  No person shall obstruct the access to any public building or any part thereof, or obstruct passage through or upon any street, park or public place.

 

(B)  For the purposes of this section, “obstruct” encompasses, but shall not necessarily be limited to, one or more of the following:

 

(1)       Obstruction of the free, unhampered passage of pedestrians or vehicles;

 

(2)       Obstructing, molesting or interfering with the free passage of persons entering or occupying such buildings or premises;

 

(3)       Obstructing or otherwise interfering with any person lawfully upon any street, park or other public place;

 

(4)       Engaging in any activity which tends to provoke a breach of the peace; or

 

(5)       Refusing to move on when so requested by a peace officer; provided that the peace officer has exercised his or her discretion reasonably under the circumstances in order to preserve or promote public peace and order.

 

(C)  For the purpose of this section, “other public place” includes the quasi-public area in front of or adjacent to any store, shop, restaurant, convenience store or other place of business and also included parking lots or other vacant property not owned or under the control of the person charged with a violation of this section.

 

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(D)       Whoever violates this section shall be punished as provided in  10.99.

(Ord. passed 9-9-02)  Penalty, see  10.99

 

 

 132.07 SLEDDING.

 

No person shall slide or transport himself or herself down any of the streets of the village on hand-sleds or toboggans after the Chief of Police has published a notice in any of the village papers prohibiting sliding on the streets.

(>87 Code,  15‑14)  (Am. Ord. passed 9-9-02)  Penalty, see  10.99

 

 

 132.08 ASSAULT AND BATTERY.

 

(A)  A person commits an assault when, without lawful authority, he or she engages in conduct which places another in reasonable apprehension of receiving a battery. 

(>87 Code,  15‑20)

 

(B)  A person commits battery if he or she intentionally or knowingly without legal justification and by any means:

 

(1)       Causes bodily harm to an individual; and/or

 

(2)       Makes physical contact of an insulting or provoking nature with an individual.

(>87 Code,  15‑21)   (Am. Ord. passed 9-9-02)  Penalty, see  10.99

 

 

 132.09  FIREWORKS.

 

Except as hereinafter provided, it shall be unlawful for any person, firm, co-partnership or corporation to offer for sale, expose for sale, sell at retail or use or explode any fireworks unless approval has been obtained by the President and/or Board of Trustees.

(>87 Code,  15‑27)   (Am. Ord. passed 9-9-02)  Penalty, see  10.99

 

 

 132.10  BARBER SHOPS; SUNDAY OFFERING.

 

No person, on the first day of the week, commonly called Sunday, shall keep open any barber shop or shall perform any of the work pertaining to the barber=s trade in any shop on the day.

(>87 Code,  15‑2)  (Am. Ord. passed 9-9-02)  Penalty, see  10.99

 

 

 

 

 

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 132.11  BAWDY HOUSES; HOUSES OF ILL FAME.

 

(A)  No person shall keep or maintain or assist in keeping or maintaining any bawdy house, house of ill fame or assignation or house wherein indecent or lewd practices are done or permitted, shall patronize or be an inmate of the same or let any house, room or premises for any purpose or shall keep an ill-governed and disorderly house.

 

(B)       Every place of ill fame or prostitution is hereby declared to be a nuisance.  Each and every day of its continuation shall be deemed a separate offense under this section.

(>87 Code,  15‑3)  (Am. Ord. passed 9-9-02)  Penalty, see  10.99

 

 

 132.12  DISCRIMINATORY HOUSING PRACTICES; COMPLAINT PROCEDURE.

 

(A)  The purpose of this section is to provide for the general welfare of the citizens of the village by declaring discriminatory practices in housing to be against public policy and to provide for proper procedures for the enforcement of this section.

 

(B)  It shall be an unlawful discriminatory housing practice to engage in any of the following acts, if they are based on race, color, creed, age, disability, sex, national origin, religion or ancestry:

 

(1)       Refusing to sell or rent to, deal or negotiate with any person;

 

(2)       Discriminating in terms, conditions or privileges for buying, renting or any transfer of housing;

 

(3)       Discriminating by advertising that housing is available only to persons of a certain race, color, creed, age, disability, sex, national origin, religion or ancestry;

 

(4)       Denying that housing is available for inspection sale or rent when in fact it is so available;

 

(5)       For profit, persuading owners to sell or rent housing by telling them that minority groups are moving to the neighborhood;

 

(6)       Denying or making different rates, terms or conditions for home loans by commercial lenders, such as banks, savings and loan associations and insurance companies;

 

(7)       Making a record of or making available for public knowledge in any way a person=s race, color, creed, age, disability, sex, national origin, religion or ancestry; and/or

 

(8)       Denying to anyone the use of or participation in any real estate services, such as brokers= organizations multiple listing services or other facilities related to the selling or renting of housing.

 

(C)       Nothing in this section except for discrimination based on race shall be construed to apply to:

 

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(1)       The sale or rental of single-family houses owned by a private individual owner of three or fewer single-family houses provided:

 

(a)    A broker is not used;

 

(b)       Discriminatory advertising is not used; and/or

 

(c)    No more than one house in which the owner was not the most recent resident is sold during any two-year period.

 

(2)       Rental of rooms or units in owner-occupied multi-dwellings for two to four families, if discriminatory advertising is not used;

 

(3)       Limiting the sale, rental or occupancy or dwellings which a religious organization owns or operates for other than a commercial purpose to persons of the same religion, if membership in that religion is not restricted on account of race, color or national origin; and/or

 

(4)       Limiting to its own members the rental or occupancy of lodgings which a private club owns or operates for other than a commercial purpose.

(>87 Code,  15‑29)

 

(D)  In order to insure that the rights of all parties will adequately be protected, the following procedures are available:

 

(1)       Any person claiming to be aggrieved by a discriminatory or unfair practice within the village may, by himself or herself or through his or her attorney, make, sign and file a verified written charge of discriminatory practice with the Equal Opportunity Officer of the state;

 

(2)  If the local Equal Opportunity Officer is unable to obtain voluntary compliance, the complainant may also send a notarized complaint to HUD within 180 days of the alleged discriminatory act;

 

(3)       A person may also take a complaint directly to the U.S. District Court or state or local court within 180 days of the alleged discriminatory act;

 

(4)       Information about possible discrimination in housing may also be brought to the attention of the Attorney General.

(>87 Code,  15‑30)  (Am. Ord. passed 9-9-02)  Penalty, see  10.99

 

 

 132.13  TRUANCY.

 

(A)       Definitions.  For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

 

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(1)       PARENTAL PERMISSION.  Permission from a parent, legal guardian or person in loco parentis given for reasons only of a student’s illness, serious family illness, death in the family, serious home emergencies, necessary and lawful family support, employment, observation of religious holy days, proof of home schooling as accepted by the appropriate school district and/or other compelling family reasons.

 

(2)       TRUANT.  A child subject to compulsory school attendance who is absent without parental permission from attendance for a school day of a portion thereof.

 

(B)       Truancy prohibited.

 

(1)  It is unlawful for any person within the corporate limits of the village or enrolled in a school within the corporate limits of the village who is:

 

(a)    Required by law to attend school;

 

(b)    Subject to compulsory attendance requirements of the Illinois School Code, as it may be amended from time to time; or

 

(c)    Enrolled in a public, private or parochial school;

 

to absent himself or herself from attendance at school with parental permission. Any person who shall so absent himself or herself shall be guilty of the offense of truancy and shall be subject to a fine as set forth hereafter. This section shall not apply if a person is absent from school due to emergency, illness or unforeseen circumstances and written parental permission for the absence is submitted to the proper school authorities within 24 hours after such absence.

 

(2)  It is unlawful for a parent or legal guardian of any child who is subject to compulsory school attendance to neglect or refuse to cause or compel such child to attend and comply with the attendance rules of the public, private or parochial school in which the child is enrolled. Any person violating this section is guilty of the offense of truancy and shall be subject to a fine as set forth hereafter.

 

(C)       Exceptions.  This section shall not apply:

 

(1)  If a child is prevented from attending school by reason of mental or physical disability, as determined by the board of education of the appropriate school district upon certification by the school physician or a public health physician, or, if no such physician is available, a duly licensed and practicing physician;

 

(2)  If a child is excused from attendance at school due to an emergency by the principal of the school in which the child is enrolled at the request of the parent or legal guardian of the child; or

 

(3)  If a child is excused from attending school by agreement between the appropriate school’s administrator and the parent or legal guardian of the child based upon a determination that such action

 

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is in the best interest of the child and/or the community, and that the child shall thereafter be under the supervision of the parent or legal guardian until the child has reached the age of 17 years.

 

(D)       False excuse prohibited.  No person shall knowingly submit to school authorities a written excuse for a child’s absence under any of the provisions of this chapter that contains false information, including but not limited to falsification of a signature. Any person violating this section shall be subject to a fine as set forth in division (E) of this section.

 

(E)       Penalty.  Any person who violates this section shall be subject to a fine of not less than $75.

(Ord. passed 6-11-07)

 

 

 132.14  DISTURBING THE PEACE, NOISE.

 

(A)  For the purposes of this section, the term PERSON is any person, firm, partnership, association, corporation, company or organization of any kind.

 

(B)  It shall be unlawful for any person to disturb the peace of any street, alley, neighborhood, family or persons by making, continuing, or causing to be made or continued any loud, unreasonable, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the limits of the village.

 

(C)  Such loud, unreasonable, unnecessary or unusual noises include but are not limited to blowing or beating noise‑making instruments, unreasonably loud or boisterous laughing, bellowing, whooping, screaming, cursing, challenging to fight, uttering obscene language or conversation; or by creating false alarms, jake‑braking; compression engine braking; the emission of any unreasonably loud or raucous and unnecessary noise from the engine or exhaust system of any motor vehicle; racing or running the engine of a motor vehicle at such high revolutions per minute causing excessive or unusual noise.

 

(D)  The factors for determining whether a noise is “so loud, unreasonable, unnecessary or unusual” include, but are not limited to, the following:

 

(1)       Whether the noise would disturb a reasonable person of normal sensitivity;

 

(2)       The proximity of the sound to sleeping facilities, whether residential or commercial;

 

(3)       The land use, nature, and zoning of the area from which the sound emanates and the area where it is received or perceived;

 

(4)       The time of day or night the sound occurs;

 

(5)       The duration of the sound; and

 

(6)       Whether the sound is recurrent, intermittent, or constant.

(Ord. passed 11-24-08)  Penalty, see  130.99

 

2009 S-9

 

18B Warren – General Offenses

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   CHAPTER 133:  OFFENSES AGAINST PUBLIC JUSTICE AND ADMINISTRATION

 

 

Section

 

133.01  Resisting or obstructing a peace officer or correctional institution employee

133.02  Refusing to aid an officer

133.03  Tampering with public notice

 

 

 133.01  RESISTING OR OBSTRUCTING A PEACE OFFICER OR CORRECTIONAL INSTITUTION EMPLOYEE.

 

(A) No person shall knowingly resist or obstruct the performance by one known to the person to be a peace officer or correctional institution employee of any authorized act within his or her official capacity.

 

(B)  For purposes of this section, the term CORRECTIONAL INSTITUTION EMPLOYEE shall mean any person employed to supervise and control inmates incarcerated in a penitentiary, state farm, reformatory, prison, jail, house of correction, police detention area, half-way house, or other institution or place for the incarceration or custody of persons under sentence for offenses or awaiting trial or sentence for offenses, under arrest for an offense, a violation of probation, a violation of parole, or a violation of mandatory supervised release, or awaiting a bail setting hearing or preliminary hearing.

(ILCS Ch. 720, Act 5,  31‑1)  Penalty, see  130.99

 

 

 133.02  REFUSING TO AID AN OFFICER.

 

No person, upon command, shall refuse or knowingly reasonably fail to aid a person known by him or her to be a police officer in:

 

(A)      Apprehending a person whom the officer is authorized to apprehend; or

 

(B)      Preventing the commission by another of any offense.

(ILCS Ch. 720, Act 5,  31‑8)  Penalty, see  130.99

 

 

 

 

 

 

 

 

                19

 

20 Warren – General Offenses

 

 

 133.03  TAMPERING WITH PUBLIC NOTICE.

 

No person shall knowingly and without lawful authority alter, destroy, deface, remove, or conceal any public notice posted according to law, during the time for which the notice was to remain posted.

(ILCS Ch. 720, Act 5,  32‑9)  Penalty, see  130.99

 

 

   CHAPTER 134:  OFFENSES AGAINST PUBLIC MORALS

 

 

Section

 

134.01  Public indecency

134.02  Obscenity

134.03  Harmful material

134.04  Contributing to delinquency of a minor

134.05  Spitting

134.06  Sale and possession of tobacco products

134.07       Possession of cannabis; products

134.08  Minor consumption and/or possession of alcoholic beverages

134.09  Public intoxication

 

 

 134.01  PUBLIC INDECENCY.

 

(A)  Any person of the age of 17 years and upwards who performs any of the following acts in a public place commits a public indecency:

 

(1)       An act of sexual penetration or sexual conduct as defined in ILCS Ch. 720, Act 5,  12‑12; or

 

(2)       A lewd exposure of the body done with intent to arouse or to satisfy the sexual desire of the person.

 

(B)       Breast-feeding of infants is not an act of public indecency.

 

(C)       PUBLIC PLACE,  for purposes of this section, means any place where the conduct may reasonably be expected to be viewed by others.

(ILCS Ch. 720, Act 5,  11‑9)  Penalty, see  130.99

 

 

 134.02  OBSCENITY.

 

(A)       Elements of the offense.  A person commits obscenity when, with knowledge of the nature or content thereof, or recklessly failing to exercise reasonable inspection which would have disclosed the nature or content thereof, he:

 

(1)       Sells, delivers, or provides, or offers or agrees to sell, deliver, or provide any obscene writing, picture, record, or other representation or embodiment of the obscene;

 

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2009 S-9

 

22 Warren – General Offenses

 

 

(2)       Presents or directs an obscene play, dance or other performance or participates directly in that portion thereof which makes it obscene;

 

(3)       Publishes, exhibits, or otherwise makes available anything obscene;

 

(4)       Performs an obscene act or otherwise presents an obscene exhibition of his or her body for gain;

 

(5)       Creates, buys, procures, or possesses obscene matter or material with intent to disseminate it in violation of this section, or of the penal laws or regulations of any other jurisdiction; or

 

(6)       Advertises or otherwise promotes the sale of material represented or held out by him or her to be obscene, whether or not it is obscene.

 

(B)       Obscene defined.  Any material or performance is OBSCENE if:

 

(1)       The average person, applying contemporary adult community standards, would find that, taken as a whole, it appeals to the prurient interest;

 

(2)       The average person, applying contemporary adult community standards, would find that it depicts or describes, in a patently offensive way, ultimate sexual acts or sadomasochistic sexual acts, whether normal or perverted, actual or simulated, or masturbation, excretory functions, or lewd exhibition of the genitals; and

 

(3)       Taken as a whole, it lacks serious literary, artistic, political, or scientific value.

 

(C)       Interpretation of evidence.

 

(1)       Obscenity shall be judged with reference to ordinary adults except that it shall be judged with reference to children or other specially susceptible audiences if it appears from the character of the material or the circumstances of its dissemination to be specially designed for or directed to such an audience.

 

(2)       Where circumstances of production, presentation, sale, dissemination, distribution, or publicity indicate that material is being commercially exploited for the sake of its prurient appeal, such evidence is probative with respect to the nature of the matter and can justify the conclusion that the matter is lacking in serious literary, artistic, political, or scientific value.

 

(3)       In any prosecution for an offense under this section, evidence shall be admissible to show:

 

(a)    The character of the audience for which the material was designed or to which it was directed;

 

       Offenses Against Public Morals       23

 

 

(b)    What the predominant appeal of the material would be for ordinary adults or a special audience, and what effect, if any, it would probably have on the behavior of such people;

 

(c)    The artistic, literary, scientific, educational, or other merits of the material, or absence thereof;

 

(d)    The degree, if any, of public acceptance of the material in this state;

 

(e)    Appeal to prurient interest, or absence thereof, in advertising or other promotion of the material;

 

(f)      Purpose of the author, creator, publisher, or disseminator.

 

(D)       Prima facie evidence.  The creation, purchase, procurement, or possession of a mold, engraved plate, or other embodiment of obscenity specially adapted for reproducing multiple copies, or the possession of more than three copies of obscene material shall be prima facie evidence of an intent to disseminate.

 

(E)       Affirmative defenses.  It shall be an affirmative defense to obscenity that the dissemination:

 

(1)       Was not for gain and was made to personal associates other than children under 18 years of age;

 

(2)       Was to institutions or individuals having scientific or other special justification for possession of such material.

(ILCS Ch. 720, Act 5,  11‑20)  Penalty, see  130.99

 

 

 134.03  HARMFUL MATERIAL.

 

(A)       Elements of the offense.  No person, with knowledge that a person is a child (that is, a person under 18 years of age), or who fails to exercise reasonable care in ascertaining the true age of a child, shall knowingly distribute to, send, or cause to be sent to, or exhibit to, or offer to distribute or exhibit any harmful material to a child.

 

(B)       Definitions.  For purposes of this section:

 

(1)       DISTRIBUTE.  To transfer possession of, whether with or without consideration.

 

(2)       HARMFUL.  Material is harmful if, to the average person, applying contemporary standards, its predominant appeal, taken as a whole, is to prurient interest, that is a shameful or morbid interest in nudity, sex, or excretion, which goes substantially beyond customary limits of candor in description or representation of such matters, and is material the redeeming social importance of which is substantially less than its prurient appeal.

 

24 Warren – General Offenses

 

 

(3)       KNOWINGLY.  Having knowledge of the contents of the subject matter, or recklessly failing to exercise reasonable inspection which would have disclosed the contents thereof.

 

(4)       MATERIAL.  Any writing, picture, record, or other representation or embodiment.

 

(C)       Interpretation of evidence.

 

(1)       The predominant appeal to prurient interest of the material shall be judged with reference to average children of the same general age of the child to whom the material was offered, distributed, sent, or exhibited, unless it appears from the nature of the matter or the circumstances of its dissemination, distribution or exhibition that it is designed for specially susceptible groups, in which case the predominant appeal of the material shall be judged with reference to its intended or probable recipient group.

 

(2)       In prosecutions under this section, where circumstances of production, presentation, sale, dissemination, distribution, or publicity indicate the material is being commercially exploited for the sake of its prurient appeal, such evidence is probative with respect to the nature of the material and can justify the conclusion that the redeeming social importance of the material is in fact substantially less than its prurient appeal.

 

(D)       Affirmative defenses.

 

(1)       Nothing in this section shall prohibit any public library or any library operated by an accredited institution of higher education from circulating harmful material to any person under 18 years of age, provided such circulation is in aid of a legitimate scientific or educational purpose, and it shall be an affirmative defense in any prosecution for a violation of this section that the act charged was committed in aid of legitimate scientific or educational purposes.

 

(2)       Nothing in this section shall prohibit any parent from distributing to his or her child any harmful material.

 

(3)       Proof that the defendant demanded, was shown, and acted in reliance upon any of the following documents as proof of the age of a child, shall be a defense to any criminal prosecution under this section:  a document issued by the federal government or any municipal government or subdivision or agency thereof, including, but not limited to, a motor vehicle operator=s license, a registration certificate issued under the Federal Selective Service Act or an identification card issued to a member of the armed forces.

 

(4)       In the event an advertisement of harmful material as defined in this section culminates in the sale or distribution of harmful material to a child, under circumstances where there was no personal confrontation of the child by the defendant, his or her employees, or agents, as where the order or request for harmful material was transmitted by mail, telephone, or similar means of communication,

 

       Offenses Against Public Morals       25

 

 

and delivery of the harmful material to the child was by mail, freight, or similar means of transport, it shall be a defense in any prosecution for a violation of this section that the advertisement contained the following statement, or a statement substantially similar thereto, and that the defendant required the purchaser to certify that he or she was not under 18 years of age and that the purchaser falsely stated that he or she was not under 18 years of age:  ANOTICE:  It is unlawful for any person under 18 years of age to purchase the matter herein advertised.  Any person under 18 years of age who falsely states that he or she is not under 18 years of age for the purpose of obtaining the material advertised herein, is guilty of a Class B misdemeanor under the laws of the state of Illinois and a violation of  134.03 of the Village Code of Ordinances.@

 

(E)  Child falsifying age.  No person under 18 years of age shall falsely state, either orally or in writing, that he or she is not under the age of 18 years, or present or offer to any person any evidence of age and identity which is false or not actually his or her own for the purpose of ordering, obtaining, viewing, or otherwise procuring or attempting to procure or view any harmful material.

(ILCS Ch. 720, Act 5,  11‑21)  Penalty, see  130.99

 

 

 134.04  CONTRIBUTING TO DELINQUENCY OF A MINOR.

 

Any person who knowingly or willfully causes, aids or encourages any boy or girl to be or to become a delinquent child, or who knowingly or willfully does acts which directly tend to render any child so delinquent, is guilty of contributing to the delinquency of minors.

(>87 Code,  15‑25)  Penalty, see  10.99

 

 

 134.05  SPITTING.

 

No person shall expectorate upon any public sidewalk or any steps adjacent thereto or upon the floor or walls of any public building or hall in the village.

(>87 Code,  15‑16)  Penalty, see  10.99

 

 

 134.06  SALE AND POSSESSION OF TOBACCO PRODUCTS.

 

(A) Sale of tobacco products.  It shall be unlawful for any person to sell, give, provide or distribute any tobacco products or to allow any person under the age of 18 years to have possession of any tobacco products in violation of this section.

 

(B)      Definitions.  For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

 

(1)      TOBACCO PRODUCTS.  Any substance containing tobacco leaf, including but not limited to, cigarettes, cigarette papers, cigars, pipe tobacco, snuff, chewing tobacco, or dipping tobacco.

 

 

2007 S-6

 

26 Warren – General Offenses

 

 

(2)      VENDING MACHINE.  Any mechanical, electric or electronic, self‑service device which, upon insertion of money, tokens or other forms of payment, dispenses tobacco products.

 

(C)      Prohibited sales and delivery signs.

 

(1)  It shall be unlawful for any person to sell, offer for sale, give away or deliver tobacco products to any person under the age of 18 years.

 

(2)      Signs informing the public of the age restriction provided for herein shall be posted at, or near, every display of tobacco products, and on, or upon every vending machine, which offers tobacco products for sale. Each such sign shall be plainly visible and shall state:

 

“THE SALE TO, OR POSSESSION OF TOBACCO PRODUCTS BY PERSONS UNDER 18 YEARS OF AGE IS PROHIBITED BY LAW.”

 

(3)      The text of such signs shall be in red letters on a white background, the letters being at least one inch high.

 

(D)      Minimum age to sell tobacco products.  It shall be unlawful for any business entity, individual, corporation, representative, agent or employee of any business, corporation or business entity to engage, employ or permit any person under 18 years of age to sell tobacco products in any premises.

 

(E)      Purchase by minors prohibited.  It shall be unlawful for any person under the age of 18 years to purchase tobacco products, or to misrepresent their identity or age, or to use any false or altered identification for the purpose of purchasing tobacco products.

 

(F)      Possession by minors prohibited.  It shall be unlawful for any person under the age of 18 years to possess any tobacco products, provided that the possession by a person under the age of 18 years under the direct supervision of the parent or guardian of such person in the privacy of the parent’s or guardian’s home shall not be prohibited.

 

(G)      Proximity to certain institutions.  It shall be unlawful for any person to sell, offer for sale, give away or deliver tobacco products within 100 feet of any school, child care facility, or other building used for education or recreation programs for persons under the age of 18 years.

 

(H)      Certain free distributions prohibited.  It shall be unlawful for any person in the business of selling, or otherwise distributing, promoting or advertising tobacco products or any employee or agent of such person, in the course of such person’s business, to distribute, give away, or deliver tobacco products free of charge to any person on any right‑of‑way, park, playground, or other property owned by the city, school properties, park district properties or public library located within the village.

 

(I)      Locking device on vending machines.

 

 

2007 S-6

 

       Offenses Against Public Morals              26A

 

 

(1)  It shall be unlawful for any person or business to offer tobacco products for sale through a vending machine unless such vending machine is equipped with a locking device, the locking device being and existing for the purpose of incapacitating the vending machine so as to prevent the sale of tobacco products to individuals under the age of 18 years of age.

 

(2)      The following businesses or entities shall be exempt from requiring locking devices on vending machines:

 

(a)   Any business or entity that prohibits the entry of individuals under the age of 18 years upon the premises; and

 

(b)   Any businesses or entities that are not open to the general public and do not allow individuals under the age of 18 years in the vicinity of the vending machines.

 

(J)      Penalty.  Any person who violates any provision of this section shall be fined in an amount not less than $100 nor more than $500, plus court costs and other fees provided by law.

(Ord. passed 2-12-07)

 

 

 134.07  POSSESSION OF CANNABIS; PRODUCTS.

 

(A)      Definitions.  For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

 

(1)      CANNABIS.  Includes marijuana, hashish and other substances which are identified as including any parts of the plant cannabis sativa, whether growing or not; the seeds thereof, the resin extracted from any part of such plant; and, any compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin, including tetrahydrocannabinol (THC) and all other cannabinol derivatives, including its naturally occurring or synthetically produced ingredients, whether produced directly or indirectly by extraction, or independently by means of chemical synthesis or by a combination of extraction and chemicals synthesis; but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant (except the resin extracted therefrom) fiber, oil or cake or the sterilized seed of such plant which is incapable of germination.

 

(2)      PARAPHERNALIA.  Any instrument, article or thing, designed or intended for the use of aiding or assisting in introducing cannabis or its derivatives into the human body by any means.

 

(B)      Prohibition.

 

(1)  It is unlawful and a violation of this section for any person to possess up to ten grams of cannabis or any paraphernalia as defined in division (A) of this section.

 

(2)  It is unlawful for any person to knowingly:

 

 

2007 S-6

 

26B Warren – General Offenses

 

 

(a)      Manufacture cannabis;

 

(b)   Produce the cannabis saliva plant; or

 

(c)   Possess cannabis with the intent to deliver.

 

(3)      Delivery of cannabis in an amount less than 2.5 grams shall be considered a casual delivery and will be treated in all respects as possession of cannabis.

 

(C)      Penalty.  Any person who violates any provision of this section shall be fined in an amount not less than $100 nor more than $750, plus court costs and other fees provided by law.

(Ord. passed 6-11-07)

 

 

 134.08  MINOR CONSUMPTION AND/OR POSSESSION OF ALCOHOLIC BEVERAGES.

 

(A) Any person under the age of 21 years who has any alcoholic beverages in his or her possession on any street or highway or in any public place or in any place open to the public shall be fined according to  10.99.  This section does not apply to possession by a person under the age of 21 years making a delivery of an alcoholic beverage pursuant to an order of his or her parent or pursuant to an order of his or her employment, or to any possession in the performance of any religious ceremony or service.

 

(B)  Any person to whom the sale, gift or delivery of any alcoholic liquor is prohibited because of age shall not purchase or accept a gift of such alcoholic liquor or have such alcoholic liquor in his or her possession or have consumed such alcoholic liquor, except where such sale, use possession or consumption was pursuant to the performance of a religious ceremony or service.

(Ord. passed 6-11-07)  Penalty, see  10.99

 

 

 134.09  PUBLIC INTOXICATION.

 

It shall be unlawful for any person in or upon any public street, alley, of public place to be under the influence of alcohol to a degree that renders the person incapable of acting in a normal fashion or the alcohol concentration in the person’s blood or breath is 0.08 or more based on the definition of blood and breath units in  11‑501.2 of the Illinois Motor Vehicle Code or under the influence of any drug, substance, or compound resulting from the unlawful use or consumption of cannabis as listed in the Cannabis Control Act, a controlled substance as listed in the Illinois Controlled Substances Act, or an intoxicating compound as listed in the Illinois Use of Intoxicating Compounds Act.

(Ord. passed 10-27-08)  Penalty, see  130.99

 

 

 

 

 

2009 S-9

 

 

   CHAPTER 135:  GAMBLING OFFENSES

 

 

Section

 

135.01  Definitions

135.02  Gambling

135.03  Keeping a gambling place

135.04  Seizure of gambling devices and gambling funds

 

 

 135.01  DEFINITIONS.

 

For the purposes of this chapter the following words and phrases shall have the following meanings ascribed to them respectively.

 

GAMBLING DEVICE.  Any clock, tape machine, slot machine, or other machines or device for the reception of money or other thing of value on chance or skill, or upon the action of which money or other thing of value is staked, hazarded, bet, won, or lost; or any mechanism, furniture, fixture, equipment, or other device designed primarily for use in a gambling place.  A GAMBLING DEVICE does not include the following, as more specifically defined in ILCS Ch. 720, Act 5,  28‑2(a)(1) through (a)(4):

 

(1)      Coin-in-the-slot operated mechanical devices;

 

(2)      Vending machines;

 

(3)      Crane games;

 

(4)      Redemption machines.

 

INTERNET.  An interactive computer service or system or an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including but not limited to an information service, system, or access software provider that provides access to a network system commonly known as the internet or any comparable system or service, and also including but not limited to a world-wide web page, newsgroup, message board, mailing list, or chat area on any interactive computer service or system or other online service.  ACCESS and COMPUTER have the meanings ascribed to them in ILCS Ch. 720, Act 5,  16D‑2.

 

 

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28 Warren – General Offenses

 

 

LOTTERY.  Any scheme or procedure whereby one or more prizes are distributed by chance among persons who have paid or promised consideration for a chance to win such prizes, whether such scheme or procedure is called a lottery, raffle, gift, sale, or some other name.

 

POLICY GAME.  Any scheme or procedure whereby a person promises or guarantees by any instrument, bill, certificate, writing, token, or other device that any particular number, character, ticket, or certificate shall in the event of any contingency in the nature of a lottery entitle the purchaser or holder to receive money, property, or evidence of debt.

(ILCS Ch. 720, Act 5,  28‑2)

 

 

 135.02  GAMBLING.

 

(A) A person commits gambling when, within the corporate limits of the village, he:

 

(1)      Plays a game of chance or skill for money or other thing of value, unless excepted in division (B);

 

(2)      Makes a wager upon the result of any game, contest, or any political nomination, appointment, or election;

 

(3)      Operates, keeps, owns, uses, purchases, exhibits, rents, sells, bargains for the sale or lease of, manufactures, or distributes any gambling device;

 

(4)      Contracts to have or give himself or herself or another the option to buy or sell, or contracts to buy or sell, at a future time, any grain or other commodity whatsoever, or any stock or security of any company, as described in ILCS Ch. 720, Act 5,  28‑1(a)(4);

 

(5)      Knowingly owns or possesses any book, instrument, or apparatus by means of which bets or wagers have been, or are, recorded or registered, or knowingly possesses any money which he or she has received in the courses of a bet or wager;

 

(6)      Sells pools upon the result of any game or contest of skill or chance, political nomination, appointment, or election;

 

(7)      Sets up or promotes any lottery or sells, offers to sell, or transfers any ticket or share for any lottery;

 

(8)      Sets up or promotes any policy game or sells, offers to sell, or knowingly possesses or transfers any policy ticket, slip, record, document, or other similar device;

 

(9)      Knowingly drafts, prints, or publishes any lottery ticker or share, or any policy ticket, slip, record, document or similar device, except for such activity related to lotteries, bingo games, and raffles

 

      Gambling Offenses    29

 

 

authorized by and conducted in accordance with the laws of Illinois or any other state or foreign government;

 

    (10)      Knowingly advertises any lottery or policy game, except for such activity related to lotteries, bingo games, and raffles authorized by and conducted in accordance with the laws of Illinois or any other state;

 

    (11)      Knowingly transmits information as to wagers, betting odds, or changes in betting odds by telephone, telegraph, radio, semaphore, or similar means; or knowingly installs or maintains equipment for the transmission or receipt of such information; except that nothing in this division prohibits transmission or receipt of such information for use in news reporting of sporting events or contests; or

 

    (12)      Knowingly establishes, maintains, or operates an internet site that permits a person to play a game of chance or skill for money or other thing of value by means of the internet or to make a wager upon the result of any game, contest, political nomination, appointment, or election by means of the internet.

 

(B)      Participants in any of the following activities shall not be convicted of gambling:

 

(1)      Agreements to compensate for loss caused by the happening of chance including without limitation contracts of indemnity or guaranty and life or health or accident insurance;

 

(2)      Offers of prizes, awards, or compensation to the actual contestants in any bona fide contest for the determination of skill, speed, strength, or endurance or to the owners of animals or vehicles entered in such contest;

 

(3)      Pari-mutuel betting as authorized by the law of this state;

 

(4)      Manufacture of gambling devices, including the acquisition of essential parts therefor and the assembly thereof, for transportation in interstate or foreign commerce to any place outside this state when such transportation is not prohibited by any applicable federal law;

 

(5)      The game commonly known as Abingo,@ when conducted in accordance with ILCS Ch. 230, Act 25,  1 et seq.;

 

(6)      Lotteries when conducted by the state in accordance with ILCS Ch. 20, Act 1605,  1 et seq.;

 

(7)      Possession of an antique slot machine that is neither used nor intended to be used in the operation or promotion of any unlawful gambling activity or enterprise.  For the purpose of this division, an ANTIQUE SLOT MACHINE is one manufactured 25 years ago or earlier;

 

(8)      Raffles when conducted in accordance with ILCS Ch. 230, Act 15,  1 et seq.;

 

30 Warren – General Offenses

 

 

(9)      Charitable games when conducted in accordance with ILCS Ch. 230, Act 30,  1 et seq.;

 

    (10)      Pull tabs and jar games when conducted under ILCS Ch. 230, Act 20,  1 et seq.; and

 

    (11)      Gambling games conducted on riverboats when authorized under ILCS Ch. 230, Act 10,  1 et seq.

 

(C)      Circumstantial evidence.  In prosecutions under division (A) of this section, circumstantial evidence shall have the same validity and weight as in any criminal prosecution.

(ILCS Ch. 720, Act 5,  28‑1)  Penalty, see  130.99

 

 

 135.03  KEEPING A GAMBLING PLACE.

 

(A) For purposes of this section, a GAMBLING PLACE is any real estate, vehicle, boat, or any other property whatsoever used for the purposes of gambling.  No person shall knowingly permit any premises or property owned or occupied by him or her or under his or her control to be used as a gambling place.

 

(B)  When any premises is determined by the circuit court to be a gambling place:

 

(1)      The premises is hereby declared to be a public nuisance and may be proceeded against as such; and

 

(2)      The premises of any person who knowingly permits thereon a violation of any section of this chapter shall be held liable for and may be sold to pay any unsatisfied judgment that may be recovered and any unsatisfied fine that may be levied under any section of this chapter.

(ILCS Ch. 720, Act 5,  28‑3)  Penalty,  see  130.99

 

 

 135.04  SEIZURE OF GAMBLING DEVICES AND GAMBLING FUNDS.

 

(A)      Every device designed for gambling which is incapable of lawful use or every device used unlawfully for gambling shall be considered a gambling device and shall be subject to seizure, confiscation, and destruction by village authorities.  As used in this section, a GAMBLING DEVICE includes any slot machine and includes any machine or device constructed for the reception of money or other thing of value and so constructed as to return or cause someone to return on chance to the player thereof money, property, or a right to receive money or property.  With the exception of any device designed for gambling which is incapable of lawful use, no gambling device shall be forfeited or destroyed unless an individual with a property interest in the device knows of the unlawful use thereof.

 

      Gambling Offenses    31

 

 

(B)      Every gambling device shall be seized and forfeited as contraband to the county wherein the seizure occurs.  Any money or other thing of value integrally related to acts of gambling shall be seized and forfeited as contraband to the county wherein the seizure occurs.

(ILCS Ch. 720, Act 5,  28‑5(a),(b))

 

 

32 Warren – General Offenses

 

 

 

CHAPTER 136:  OFFENSES AGAINST PUBLIC HEALTH AND SAFETY

 

 

Section

 

General Provisions

 

136.01  Unsafe and blighted buildings

136.02  Open burning

136.03  Offensive smoke

 

            Litter

 

136.20  Definitions

136.21  Dumping or depositing of litter prohibited; exemptions

136.22  Dumping or depositing litter from motor vehicle prohibited

136.23  Accumulation of litter prohibited

136.24  Presumption of violation by operator throwing litter from motor vehicle

136.25  Receptacles required in public areas

136.26  Power of court to order removal of litter

 

 

 

GENERAL PROVISIONS

 

 

 136.01  UNSAFE AND BLIGHTED BUILDINGS.

 

(A) It is hereby declared a menace to the public safety and a nuisance for any person to cause or permit the existence of any unsafe, dilapidated, blighted, or otherwise insecure building, wall, stack, chimney, cornice, sign, awning or other like structure of any kind which, from manner of construction, age, condition or other circumstances, is or may become a menace to the safety of persons or property or may become a blighted structure.

 

(B)  For purposes of this section, the term blighted shall mean any building or structure which is not properly maintained and is allowed to deteriorate so that it is offensive to look at, may be a danger to adjoining buildings, may be a danger to any persons under any of the other provisions of  132.11, is a detriment to the area in which it is located so that it is offensive to public aesthetics and/or causes a deterioration of property values on surrounding properties, is not properly maintained and/or is allowed to deteriorate even though the deterioration may be gradual so that the cumulative effect over a period of time is to create blighted or unsafe conditions.

 

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(C)  The term unsafe building as used herein is hereby defined to mean and include (a) any building, shed, fence or other man-made structure which is dangerous to the public health because of its construction or condition, or which may cause or aid in the spread of disease or cause injury to the health of the occupants of it or of neighboring structures, (b) any building, shed, fence or other man-made structure which, because of faulty construction, age, lack of proper repair or any other cause, is especially liable to fire, and constitutes or creates a fire hazard; (c) any building, shed, fence or other man-made structure which, by reason of faulty construction, age, lack of proper repair or any other cause is liable to cause injury or damage by collapsing or by a collapse or fall of any part to such a structure; (d) any building, shed, fence or other manmade structure which, because of its condition or because of lack of doors or windows is available to and frequented by malefactors or disorderly persons who are not lawful occupants of such structure.

 

(D) If after reasonable investigation, the Building Committee of the Village Board of Trustees finds a building in a dangerous, unsafe or blighted condition, the President or any official or employee designated by the Board of Trustees shall notify in writing the owner or owners thereof, directing said owner or owners to put such building in a safe condition or to demolish it.  Where, upon diligent search, the identity or whereabouts of the owner or owners of any such building shall not be ascertainable, such notice shall be mailed to the person or persons in whose name such real estate was last assessed.

 

(E)  If, after 15 days subsequent to the giving of such notice, the owner or owners fail to put such building in a safe condition or to demolish it, the President or any official or employee designated by the Board of Trustees shall so notify the Board of Trustees requesting the Board to direct the Village Attorney to apply on behalf of the village to the county circuit court for an order authorizing the village to demolish or repair, or to cause the demolition or repair of the building.

 

(F)  The cost of the demolition or repair shall be recoverable from the owner or owners of the real estate, and shall be a lien thereon as provided in the Illinois Municipal Code, ILCS Ch. 65, Act 5,  11‑31‑1.

 

(G) In addition to the civil remedies set forth in this section, allowing an unsafe and/or blighted building to exist shall be considered a violation of this section and shall be punishable by fine of not less than $25 and not more than $500 per occurrence.  Each day in which the condition is allowed to exist shall be a new and separate offense.  In addition to the civil remedies set forth in this section, the village may prosecute violations of this section as an ordinance violation by the issuance of a citation which shall be presented to the circuit court and tried as any other ordinance violation.  Before the first complaint is filed for an ordinance violation, a 15‑day notice shall be given as set forth in the preceding divisions of this section.  However, after the initial 15‑day notice is given, a new citation may be issued for each subsequent day in which the violation continues to occur without the requirement of new 15‑day notices being given.  Specifically, one 15‑day notice shall be effective and citations may be issued each day after the fifteenth day relying on the initial 15‑day notice.

 

(H) Each fine levied as a result of the provisions of this section shall be considered a judgment against the person against whom the fine is levied and may be filed through the use of memorandum of

 

       Offenses Against Public Health and Safety 35

 

 

recording in the County Clerk=s office of any given county and shall become a lien on any real estate as would any other judgment so recorded.

(Ord. passed 11‑12‑01)

 

 

 136.02  OPEN BURNING.

 

(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

 

GARBAGE.  Any food or food contaminated substance, including but not limited to:  biodegradable animal and vegetable wastes resulting from the handling, preparation, cooking, sale or consumption of food; animal excretion and offal; plastic and rubber containers, packaging; and dead animal carcass.

 

LANDSCAPE WASTE.  Dried grass and weed clippings, leaves, branches, twigs, small amounts of wood and other related combustible lawn and garden waste.

 

LITTER, REFUSE or TRASH.  Any discarded, used or unused substance that no longer has any obvious value of ownership.  LITTER, TRASH and REFUSE may include, but not be limited to:  discarded paper, cardboard, metals, metal, plastic or glass containers, discarded furniture, clothing, construction material waste, motor vehicle parts, mineral wastes including used oil or petroleum products or anything else of an unsightly or unsanitary nature which has been apparently discarded, abandoned or otherwise disposed of improperly.

 

(B)  It is the policy of the village to:

 

(1)      Prohibit the burning of garbage, litter and refuse;

 

(2)      Permit the continued burning of dried landscape waste during daylight hours in a  reasonable, prudent and non-offensive manner;

 

(3)      Require the use of curbside pickup of household waste, garbage, litter, refuse and trash; and

 

(4)      Encourage the recycling and reuse or recyclable glass, plastic, paper and cardboard.

 

(C)  No person shall burn or permit the outdoor open burning of any material within the village limits.

 

(D) This section shall not apply to:

 

(1)      Gas barbecue grills, charcoal barbecue grills, braziers and smokers used for the preparation of food;

 

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(2)      Commercial incinerators that comply with state and federal requirements;

 

(3)      Burning of dried landscape wastes that are generated on the premises where they are burned (The burning of dried landscape wastes must be done during permitted hours in a reasonable, prudent and non-offensive manner.); and

 

(4)      Fire Department training burns.

 

(E)  (1)      No person shall:

 

(a)   Burn landscape wastes between the hours of 8:00 p.m. and 9:00 a.m.;

 

(b)   Burn landscape waste in an unreasonable or imprudent manner, considering the wind direction, wind velocity and sensitivity of neighbors; and/or

 

(c)   Fail to supervise the burning of landscape waste to prevent the spreading of fire or the scattering of ashes and sparks.

 

(2)      Notwithstanding the limited authorization to burn landscape wastes, no person shall burn any material in a manner that generates offensive smoke.

(>87 Code,  5‑28)  (Am. Ord. passed 8‑23‑99)  Penalty, see  10.99

 

 

 136.03  OFFENSIVE SMOKE.

 

(A)      Definitions.  For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

 

CONSTRUCTION WOOD SCRAP.  Small quantities of wooden lumber scrap and cut offs.   This refers to wood scrap only.

 

GARBAGE. Any food or food‑contaminated substance, including but not limited to:  biodegradable animal and vegetable wastes resulting from the handling, preparation, cooking, sale or consumption of food; animal excretion and offal; plastic and rubber containers, packaging; and dead animal carcass.

 

LANDSCAPE WASTE.  Dried grass and weed clippings, leaves, branches, twigs, small amounts of wood and other related combustible lawn and garden waste.

 

LITTER, REFUSE or TRASH.   Any discarded, used, or unused substance that no longer has any obvious value of ownership.  LITTER, TRASH and REFUSE may include, but not be limited to:  discarded paper, cardboard, metals, metal, plastic, or glass containers, discarded furniture, clothing,

 

 

 

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non‑wood construction material waste, motor vehicle parts, mineral wastes including used oil or petroleum products, or anything else of an unsightly or unsanitary nature which has been apparently discarded, abandoned, or otherwise disposed of improperly.

 

OFFENSIVE SMOKE.  The by‑products of combustion or burning that create smoke, ash or odors in such quantities and such form that constitute an interference with, or obstruction of a person’s reasonable and comfortable use and enjoyment of his or her property.

 

(B)      Village policy.  It is the policy of the village to:

 

(1)      Prohibit the burning of garbage, plastics, litter, refuse and trash;

 

(2)      Permit the continued burning of dried landscape waste and small quantities of construction wood scrap during daylight hours in a reasonable, prudent manner that is not offensive to the neighbors;

 

(3)      Permit the use of wood stoves, fireplaces, wood heaters, outdoor wood furnaces and like combustion chambers; provided such combustion chambers are installed, maintained and operated in accordance with manufacturer’s recommendations and do not produce offensive or annoying smoke or odors that migrate across property lines;

 

(4)      Permit the use of outdoor wood heaters and furnaces, provided:

 

(a)   They are installed, maintained and operated in accordance with manufacturer’s recommendations and the Hearth, Patio and Barbeque Association’s (HPBA) ABest Burn Practices@; and

 

(b)   The chimney of such outdoor heater and/or furnace extends to a height of two feet  above the highest point of the roofs of surrounding buildings;

 

(5)      Require that wood piles shall be neatly stacked;

 

(6)      Require the use of curbside pickup of household waste, garbage, litter, refuse and trash; and

 

(7)      Encourage the recycling and reuse of recyclable glass, plastic, paper and cardboard.

 

(C)      Offensive burning prohibited.  The intentional burning of any combustible material, by any manner or means, is prohibited where such burning emits offensive, annoying, unpleasant or obnoxious smoke or ash so as to constitute an interference with, or an obstruction of, any person’s reasonable and comfortable use and enjoyment of his or her property within the village limits.

 

(D)      Exceptions.  This section shall not apply to:

 

 

 

 

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(1)      Gas barbecue grills, charcoal barbecue grills, braziers and smokers used for the preparation of food;

 

(2)      Manufactured outdoor fire pits;

 

(3)      Burning of dried landscape wastes that are generated on the premises where they are burned (The burning of dried landscape wastes must be done during permitted hours in a reasonable, prudent and non‑offensive manner.);

 

(4)      Burning of small amounts of construction wood scrap (The burning of small amounts of wood construction scrap must be done during permitted hours, and in a reasonable, prudent and non‑offensive manner.); and

 

(5)      Fire Department training burns.

 

(E)      Restrictions.  No person shall:

 

(1)      Burn landscape wastes or construction wood scrap during the hours of darkness;

 

(2)      Operate an outdoor wood heater/furnace, burn landscape waste or construction wood scrap in an unreasonable or imprudent manner, considering the wind direction, wind velocity, and sensitivity of neighbors;

 

(3)      Fail to supervise the burning of landscape waste or construction wood scrap or any material to prevent the spreading of fire or the scattering of ashes and sparks;

 

(4)      Burn any material in a manner that generates offensive smoke, notwithstanding the limited authorization to use an outdoor wood heater/furnace, burn landscape wastes or construction wood scrap;

 

(5)      Continue to operate the outdoor wood heater/furnace, burn landscape waste or construction wood scrap following notification of annoyance or offense made by a neighbor or other third party; the person burning shall take timely steps to extinguish the fire and eliminate the offensive smoke;

 

(6)      Fail to extinguish the fire or eliminate the offensive smoke after being requested to do so; and/or

 

(7)      Fail to store or stack wood in neat and orderly piles.

 

(F)      Penalty.

 

(1)      Any person violating this section may be liable for a fine of not less than $25 nor more than $500. 

 

 

 

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(2)      A violation of this section is hereby deemed to be a separate violation for each day such act or omission continues after the expiration of any period of notice and opportunity to quit or abate such violation.

(Am. Ord. passed 6‑26‑06)

 

 

 

        LITTER

 

 

 136.20  DEFINITIONS.

 

For the purposes of  136.20 through 136.26 the following words and phrases shall have the following meanings ascribed to them respectively.

 

LITTER.  Any discarded, used, or unconsumed substance or waste.  LITTER may include, but is not limited to, any garbage, trash, refuse, debris, rubbish, grass clippings, or other lawn or garden waste; newspaper, magazines, glass, metal, plastic or paper containers, or other packaging construction material, abandoned vehicle, as defined in ILCS Ch. 625, Act 5,  1‑100 et seq., motor vehicle parts, furniture, oil, carcass of a dead animal, any nauseous or offensive matter of any kind; any object likely to injure any person or create a traffic hazard, potentially infectious medical waste as defined in ILCS Ch. 415, Act 5,  3.360; or anything else of an unsightly or unsanitary nature, which has been discarded, abandoned, or otherwise disposed of improperly.

(ILCS Ch. 415, Act 105,  3)

 

MOTOR VEHICLE.  As defined in Ch. 70 of this Code of Ordinances.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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       Offenses Against Public Health and Safety 37

 

 

 136.21  DUMPING OR DEPOSITING OF LITTER PROHIBITED; EXEMPTIONS.

 

(A) No person shall dump, deposit, drop, throw, discard, leave, cause, or permit the dumping, depositing, dropping, throwing, discarding, or leaving of litter upon any public or private property in this village, or upon or into any river, lake, pond, or other stream or body of water in this village unless:

 

(1)      The property has been designated by the village or any of its agencies for the disposal of litter, and the litter is disposed of on that property in accordance with the applicable rules and regulations of the state Pollution Control Board;

 

(2)      The litter is placed into a receptacle or other container intended by the owner or tenant in lawful possession of that property for the deposit of litter;

 

(3)      The person is the owner or tenant in lawful possession of the property or has first obtained the consent of the owner or tenant in lawful possession, or unless the act is done under the personal direction of the owner or tenant and does not create a public health or safety hazard, a public nuisance, or a fire hazard;

 

(4)      The person is acting under the direction of proper public officials during special cleanup days; and/or

 

(5)      The person is lawfully acting in or reacting to an emergency situation where health and safety is threatened, and removes and properly disposes of any litter, including but not limited to potentially infectious medical waste as defined in ILCS Ch. 415, Act 5,  3.360, when the emergency situation no longer exists.

 

(B)  Any person convicted of a violation of this section shall be fined not less than $10 nor more than $500.

(ILCS Ch. 415, Act 105,  4 and 8)

 

 

 136.22  DUMPING OR DEPOSITING LITTER FROM MOTOR VEHICLE PROHIBITED.

 

(A) No person shall dump, deposit, drop, throw, discard, or otherwise dispose of litter from any motor vehicle upon any public highway, upon any public or private property or upon or into any river, lake, pond, stream, or body of water in this village except as permitted under  136.21(A)(1) through (5).  Nor shall any person transport, by any means, garbage or refuse from any dwelling, residence, place of business, farm, or other site to and deposit the material in, around, or on top of trash barrels or other receptacles placed along public highways or at roadside rest areas.

 

(B)  Any person convicted of a violation of this section shall be fined not less than $10 nor more than $500.

(ILCS Ch. 415, Act 105,  5 and 8) 

 

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 136.23  ACCUMULATION OF LITTER PROHIBITED.

 

(A) No person shall allow litter to accumulate upon real property, of which the person charged is the owner or tenant in control, in such a manner as to constitute a public nuisance or in such a manner that the litter may be blown or otherwise carried by the natural elements onto the real property of another person.

 

(B)  Any person convicted of a violation of this section shall be fined not less than $10 nor more than $500.

(ILCS Ch. 415, Act 105,  6 and 8) 

 

 

 136.24  PRESUMPTION OF VIOLATION BY OPERATOR THROWING LITTER FROM MOTOR VEHICLE.

 

Whenever litter is thrown, deposited, dropped, or dumped from any motor vehicle not carrying passengers for hire, the presumption is created that the operator of that motor vehicle has violated  136.22, but that presumption may be rebutted.

(ILCS Ch. 415, Act 105,  9)

 

 

 136.25  RECEPTACLES REQUIRED IN PUBLIC AREAS.

 

(A) In order to assist the public in complying with this chapter, the owner or person in control of any property which is held out to the public as a place for assemblage, the transaction of business, recreation, or as a public way shall cause to be placed and maintained receptacles for the deposit of litter of sufficient volume and in sufficient numbers to meet the needs of the numbers of people customarily coming on or using the property.

 

(B)  For purposes of this section, PROPERTY HELD OUT TO THE PUBLIC FOR THE TRANSACTION OF BUSINESS includes, but is not limited to commercially operated parks, campgrounds, drive-in restaurants, automobile service stations, business parking lots, car washes, shopping centers, marinas, boat launching areas, industrial parking lots, boat moorage and fueling stations, piers, beaches and bathing areas, airports, roadside rest stops, drive-in movies, and shopping malls;  and PROPERTY HELD OUT TO THE PUBLIC FOR ASSEMBLAGE, RECREATION, OR AS A PUBLIC WAY includes, but is not limited to any property that is publicly owned or operated for any of the purposes stated in the definition in this division for PROPERTY HELD OUT TO THE PUBLIC FOR THE TRANSACTION OF BUSINESS but excludes state highway rights-of-way and rest areas located thereon.

 

(C)  If no litter receptacles are placed on property described in this section, the owner or person in control of the property shall be fined $100 for violating this section.  If the owner or person in control

 

       Offenses Against Public Health and Safety 39

 

 

of the property has placed litter receptacles on his or her property but the number or size of the receptacles has proved inadequate to meet the needs of the numbers of people coming on or using his or her property as indicated by the condition and appearance of that property, and the owner or person in control has failed to provide sufficient or adequate receptacles within ten days after being made aware of that fact by written notice from the police, he or she shall be fined $25 for each receptacle not so provided and maintained.

(ILCS Ch. 415, Act 105,  10)

 

 

 136.26  POWER OF COURT TO ORDER REMOVAL OF LITTER.

 

The penalties prescribed in this chapter are in addition to, and not in lieu of any penalties, rights, remedies, duties, or liabilities which may be otherwise imposed or conferred by a court.

(ILCS Ch. 415, Act 105,  8)

 

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CHAPTER 137:  WEAPONS

 

 

Section

 

Deadly Weapons

 

137.01  Unlawful use of weapons

137.02  Exemptions

137.03  Unlawful possession of firearms and firearm ammunition

137.04  Confiscation and disposition of weapons

 

      Air Rifles

 

137.10  Definitions

137.11  Selling, renting, or transferring to children; prohibition

137.12  Carrying or discharging on public streets

137.13  Permissive possession

137.14  Permissive sales

137.15  Seizure and removal

Statutory reference:

Firearms and ammunition registration, ILCS Ch. 430, Act 65,  0.01 through 16.3

Boarding aircraft with weapons, ILCS Ch. 720, Act 545,  0.01 through 7

 

 

 

      DEADLY WEAPONS

 

 

 137.01  UNLAWFUL USE OF WEAPONS.

 

(A) No person shall knowingly:

 

(1)      Sell, manufacture, purchase, possess, or carry any bludgeon, black-jack, slung-shot, sand-club, sand-bag, metal knuckles, throwing star, or any knife, commonly referred to as a switch-blade knife, which has a blade that opens automatically by hand pressure applied to a button, spring, or other device in the handle of the knife, or a ballistic knife, which is a device that propels a knifelike blade as a projectile by means of a coil spring, elastic material or compressed gas, but which shall not be deemed to include crossbows, common or compound bows and/or underwater spearguns in accordance with ILCS Ch. 720, Act 5,  24‑1(e);

 

 

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(2)      Carry or possess with intent to use the same unlawfully against another, a dagger, dirk, billy, dangerous knife, razor, stiletto, broken bottle or other piece of glass, stun gun or taser, or any other dangerous or deadly weapon or instrument of like character;

 

(3)      Carry on or about his or her person or in any vehicle, a tear gas gun projector or bomb or any object containing noxious liquid gas or substance, other than an object containing a non-lethal noxious liquid gas or substance designed solely for personal defense carried by a person 18 years of age or older;

 

(4)      Set a spring gun;

 

(5)      (a)  Carry or possess any firearm, stun gun or taser or other deadly weapon in any place which is licensed to sell intoxicating beverages, or at any public gathering held pursuant to a license issued by any governmental body or any public gathering at which an admission is charged, excluding a place where a showing, demonstration, or lecture involving the exhibition of unloaded firearms is conducted;

 

(b)   This subsection does not apply to any auction or raffle of a firearm held pursuant to a license or permit issued by a governmental body, nor does it apply to persons engaged in firearm safety training courses; or

 

(6)      Sell, manufacture, or purchase any explosive bullet.  EXPLOSIVE BULLET shall mean the projectile portion of an ammunition cartridge which contains or carries an explosive charge which will explode upon contact with the flesh of a human or an animal.  CARTRIDGE means a tubular metal case having a projectile affixed at the front thereof and a cap or primer at the rear end thereof, with the propellant contained in the tube between the projectile and the cap.

 

(B)  A STUN GUN or TASER, as used in division (A), means:

 

(1)      Any device which is powered by electrical charging units, such as batteries, and which fires one or several barbs attached to a length of wire and which, upon hitting a human, can send out a current capable of disrupting the person=s nervous system in such a manner as to render him or her incapable of normal functioning; or

 

(2)      Any device which is powered by electrical charging units, such as batteries, and which, upon contact with a human or clothing worn by a human, can send out a current capable of disrupting the person=s nervous system in such a manner as to render him or her incapable of normal functioning.

(ILCS Ch. 720, Act 5,  24‑1)  Penalty, see  130.99

Statutory reference:

For provisions concerning silencers on guns; machine guns; possession of weapon while hooded,

  robed and/or masked; or possession of weapons on school or university grounds (all of which

  are felonies), see ILCS Ch. 720, Act 5,  24‑1(a)(6), (7), and (9) and  24‑1(c)(2) respectively

 

       Weapons                43

 

 

 137.02  EXEMPTIONS.

 

(A)       137.01(A)(3) does not apply to or affect any of the following:

 

(1)      Peace officers or any person summoned by a peace officer to assist in making arrests or preserving the peace while actually engaged in assisting the officer.

 

(2)      Wardens, superintendents, and keepers of prisons, penitentiaries, jails, and other institutions for the detention of persons accused or convicted of an offense, while in the performance of their official duty, or while commuting between their homes and place of employment.

 

(3)      Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard or the Reserve Officers Training Corps, while in the performance of their official duty.

 

(4)      Special agents employed by a railroad or a public utility to perform police functions or guards of armored car companies while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment; watchmen while actually engaged in the performance of the duties of their employment.

 

(5)      Persons licensed as private security contractors, private detectives or private alarm contractors or employed by an agency certified by the Department of Professional Regulation if their duties include the carrying of a weapon under the provisions of ILCS Ch. 225, Act 446,  1 et seq., while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment, provided that the commuting is accomplished within one hour from departure from home or place of employment, as the case may be.  Persons exempted under this division shall be required to have completed a course of study in firearms handling and training approved and supervised by the Department of Professional Regulation as prescribed by ILCS Ch. 225, Act 446,  185 prior to becoming eligible for this exemption.  The Department of Professional Regulation shall provide suitable documentation demonstrating the successful completion of the prescribed firearms training.  Such documentation shall be carried at all times when such persons are in possession of a concealable weapon.

 

(6)      Any person regularly employed in a commercial or industrial operation as a security guard for the protection of persons employed and private property related to that commercial or industrial operation while actually engaged in the performance of their duty or traveling between sites or properties belonging to the employer, and who, as a security guard, is a member of a security force of at least five persons registered with the Department of Professional Regulation; provided, that the security guard has successfully completed a course of study, approved by and supervised by the state Department of Professional Regulation consisting of not less than 40 hours of training which shall include theory of law enforcement, liability for acts, and the handling of weapons.  A person shall be considered to be in compliance with this section who has completed the required 20 hours of training for a security officer and 20 hours of required firearm training and who has been issued a firearm authorization card by the

 

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state Department of Professional Regulation.  Conditions for the renewal of firearm authorization cards issued under the provisions of this section shall be the same as for those cards issued under the provisions of ILCS Ch. 225, Act 446,  1 et seq.  Such firearm authorization card shall be carried by the security guard at all times when he or she is in possession of a concealable weapon.

 

(7)      Agents and investigators of the Illinois Legislative Investigating Commission authorized by the Commission to carry the weapons specified in  137.01(A)(3) while on duty in the course of any investigation for the Commission.

 

(8)      Persons employed by a financial institution for the protection of other employees and property related to that financial institution, while actually engaged in the performance of their duties, commuting between their homes and places of employment, or traveling between sites or properties owned or operated by the financial institution, provided that any person so employed has successfully completed a course of study, approved by and supervised by the state Department of Professional Regulation, consisting of not less than 40 hours of training which includes theory of law enforcement, liability for acts, and the handling of weapons.  A person shall be considered to be eligible for this exemption who has completed the required 20 hours of training for a security officer and 20 hours of required firearm training and who has been issued a firearm authorization card by the state Department of Professional Regulation.  Conditions for renewal of firearm authorization cards issued under the provisions of this section shall be the same as for those issued under the provisions of ILCS Ch. 225, Act 446,  1 et seq.  Such firearm authorization card shall be carried by the person so trained at all times when such person is in possession of a concealable weapon.  For purposes of this division, FINANCIAL INSTITUTION means a bank, savings and loan association, credit union, or company providing armored car services.

 

(9)      Any person employed by an armored car company to drive an armored car while actually engaged in the performance of his or her duties.

 

    (10)      Persons who have been classified as peace officers pursuant to ILCS Ch. 20, Act 2910,  0.01 et seq.

 

    (11)      Investigators of the Office of the State=s Attorneys Appellate Prosecutor authorized by the board of governors of the Office of the State=s Attorneys Appellate Prosecutor to carry weapons pursuant to ILCS Ch. 725, Act 210,  1 et seq.

 

    (12)      Special investigators appointed by a State=s Attorney under ILCS Ch. 55, Act 5,  3‑9005.

 

    (13)      Court security officers while in the performance of their official duties or while commuting between their homes and places of employment, with the consent of the Sheriff.

 

    (14)      A person employed as an armed security guard at a nuclear energy, storage, weapons, or development site or facility regulated by the Nuclear Regulatory Commission who has completed the background screening and training mandated by the rules and regulations of the Nuclear Regulatory Commission.

 

       Weapons                45

 

 

    (15)      Manufacture, transportation, or sale of weapons to persons authorized under (A)(1) through (14) of this section to possess those weapons.

 

(B)       137.01(A)(1) does not apply to the purchase, possession, or carrying of a black-jack or slung-shot by a police officer.

 

(C)       137.01(A)(5) does not apply to any owner, manager, or authorized employee of any place specified in that division or to any law enforcement officer.

 

(D)       137.01(A)(6) does not apply to:

 

(1)      Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard, while in the performance of their official duty.

 

(2)      Bona fide collectors of antique or surplus military ordinance.

 

(3)      Laboratories having a department of forensic ballistics, or specializing in the development of ammunition or explosive ordnance.

 

(4)      Commerce, preparation, assembly, or possession of explosive bullets by manufacturers of ammunition licensed by the federal government, in connection with the supply of those organizations and persons exempted by division (D)(1) above, or like organizations and persons outside this state, or the transportation of explosive bullets to any organization or person exempted in this section by a common carrier or by a vehicle owned or leased by an exempted manufacturer.

 

(E)  An information or indictment based upon a violation of any provision of this subchapter need not negative any exemptions contained in this subchapter.  The defendant shall have the burden of proving such an exemption.

 

(F)      Nothing in this subchapter shall prohibit, apply to, or affect the transportation, carrying, or possession of any pistol or revolver, stun gun, taser, or other firearm consigned to a common carrier operating under license with the state or the federal government where such transportation, carrying, or possession is incident to the lawful transportation in which the common carrier is engaged.  Nothing in this subchapter shall prohibit, apply to, or affect the transportation, carrying, or possession of any pistol, revolver, stun gun, taser, or other firearm not the subject of and regulated by ILCS Ch. 720, Act 5,  24‑1(a)(7) or division (B) of this section above, which is unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by the possessor of a valid firearm owner=s identification card.

(ILCS Ch. 720, Act 5,  24‑2) 

 

 

 137.03  UNLAWFUL POSSESSION OF FIREARMS AND FIREARM AMMUNITION.

 

(A) A person commits the offense of unlawful possession of firearms or firearm ammunition when:

 

46 Warren – General Offenses

 

 

(1)      He or she is under 18 years of age and has in his or her possession any firearm of a size which may be concealed upon the person;

 

(2)      He or she is under 21 years of age, has been convicted of a misdemeanor other than a traffic offense or adjudged delinquent, and has any firearms or firearm ammunition in his or her possession;

 

(3)      He or she is a narcotic addict and has any firearms or firearm ammunition in his or her possession;

 

(4)      He or she has been a patient in a mental hospital within the past five years and has any firearms or firearm ammunition in his or her possession;

 

(5)      He or she is mentally retarded and has any firearms or firearm ammunition in his or her possession; or

 

(6)      He or she has in his or her possession any explosive bullet.  For the purposes of this section, EXPLOSIVE BULLET means the projectile portion of an ammunition cartridge which contains or carries an explosive charge which will explode upon contact with the flesh of a human or an animal.  CARTRIDGE means a tubular metal case having a projectile fixed at the front thereof and a cap or primer at the rear end thereof with the propellent contained in the tube between the projectile and the cap.

 

(B)      Unlawful possession of firearms, other than handguns, and firearm ammunition is punishable under  130.99.  Unlawful possession of handguns is a felony punishable under appropriate state law.

(ILCS Ch. 720, Act 5,  24‑3.1)  Penalty, see  130.99

 

 

 137.04  CONFISCATION AND DISPOSITION OF WEAPONS.

 

Upon conviction of an offense in which a weapon was used or possessed by the offender, any weapon seized may be confiscated by the trial court for further disposition consistent with state law.

(ILCS Ch. 720, Act 5,  24‑6)

 

 

 

AIR RIFLES

 

 

 137.10  DEFINITIONS.

 

For the purposes of  137.10 et seq., the following words and phrases shall have the following meanings ascribed to them respectively.

 

       Weapons                47

 

 

AIR RIFLE.  Any air gun, air pistol, spring gun, spring pistol, B.B. gun, pellet gun, or any implement that is not a firearm, which impels a pellet constructed of hard plastic, steel, lead, or other hard materials with a force that reasonably is expected to cause bodily harm.

 

DEALER.  Any person, copartnership, association, or corporation engaged in the business of selling at retail or renting any of the articles included in the definition of AIR RIFLE.

(ILCS Ch. 720, Act 535,  1)

 

 

 137.11  SELLING, RENTING, OR TRANSFERRING TO CHILDREN; PROHIBITION.

 

(A) It is unlawful for any dealer to sell, lend, rent, give, or otherwise transfer an air rifle to any person under the age of 13 years where the dealer knows or has cause to believe the person to be under 13 years of age or where the dealer has failed to make reasonable inquiry relative to the age of the person and the person is under 13 years of age.

 

(B)  It is unlawful for any person to sell, give, lend, or otherwise transfer any air rifle to any person under 13 years of age except where the relationship of parent and child, guardian and ward, or adult instructor and pupil exists between the person and the person under 13 years of age, or where the person stands in loco parentis to the person under 13 years of age.

(ILCS Ch. 720, Act 535,  2)  Penalty, see  130.99

 

 

 137.12  CARRYING OR DISCHARGING ON PUBLIC STREETS.

 

(A) It is unlawful for any person under 13 years of age to carry any air rifle on the public streets, roads, highways, or public lands within this village, unless the person under 13 years of age carries the rifle unloaded.

 

(B)  It is unlawful for any person to discharge any air rifle from or across any street, sidewalk, road, highway, or public land or any public place except on a safely constructed target range. 

(ILCS Ch. 720, Act 535,  3)

 

(C)  Any person convicted of violating this section shall pay a fine not to exceed $50. 

(ILCS Ch. 720, Act 535,  7)

 

 

 137.13  PERMISSIVE POSSESSION.

 

Notwithstanding any provision of this chapter, it is lawful for any person under 13 years of age to have in his or her possession any air rifle if it is:

 

(A) Kept within his or her house of residence or other private enclosure;

 

48 Warren – General Offenses

 

 

(B)  Used by the person under 13 years of age and he or she is a duly enrolled member of any club, team, or society organized for educational purposes and maintaining as part of its facilities or having written permission to use an indoor or outdoor rifle range under the supervision, guidance and instruction of a responsible adult, and then only if the air rifle is actually being used in connection with the activities of the club, team, or society under the supervision of a responsible adult; or

 

(C)  Used in or on any private grounds or residence under circumstances when the air rifle is fired, discharged, or operated in a manner as not to endanger persons or property and then only if it is used in a manner as to prevent the projectile from passing over any grounds or space outside the limits of such grounds or residence.

(ILCS Ch. 720, Act 535,  4)

 

 

 137.14  PERMISSIVE SALES.

 

The provisions of  137.10 through 137.14 do not prohibit sales of air rifles:

 

(A) By wholesale dealers or jobbers;

 

(B)  To be shipped out of the state;

 

(C)  To be used at a target range operated in accordance with ILCS Ch. 720, Act 535,  4 or by members of the Armed Services of the United States or veterans= organizations.

(ILCS Ch. 720, Act 535,  5)

 

 

 137.15  SEIZURE AND REMOVAL.

 

Any police officer shall seize, take, remove, or cause to be removed at the expense of the owner, any air rifle sold or used in any manner in violation of this chapter.

(ILCS Ch. 720, Act 535,  6)