Chapter 4
GENERAL OFFENSESlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=8785
9-4-1: ACTIONS PROHIBITED:
9-4-2: DISORDERLY CONDUCT:
9-4-3: DISCRIMINATORY ACTIONS:
9-4-4: OPEN BOTTLE LAW:
9-4-5: DESTROY, DAMAGE PROPERTY; GRAFFITI:
9-4-6: REMOVAL OF EARTH:
9-4-7: POSTING ADVERTISEMENTS:
9-4-8: SPORTS ARENAS; THROWING DANGEROUS OBJECTS IN:
9-4-9: SIGNAL BOXES; FALSE ALARMS:
9-4-10: TRESPASS:
9-4-11: PUBLIC NUISANCES:
9-4-12: DISTURB LAWFUL ASSEMBLIES:
9-4-13: WEAPONS:
9-4-14: OFFENSES INVOLVING MOTOR VEHICLES:
9-4-15: CONCEAL IDENTITY:
9-4-16: BURGLAR TOOLS, POSSESSION OF:
9-4-17: SIGNATURES FORGED ON PETITIONS:
9-4-18: BENEFITS, NAME OF BENEFICIARY ON PROMOTIONAL MATERIALS:
9-4-19: RESPONSIBILITY FOR UNDERAGE CONSUMPTION OF ALCOHOL AND ATTEMPTED UNLAWFUL PURCHASE:
9-4-20: PENALTY, SECTIONS 9-4-1 THROUGH 9-4-19:
9-4-21: VANDALISM:
9-4-22: CLAIMS FOR CERTAIN OFFENSES; PROCEDURES:
9-4-23: SNOW DEPOSIT ON STREETS:
9-4-24: CURFEW:
9-4-25: OFFENSES RELATING TO DRUGS:
9-4-26: OFFENSES REGARDING PUBLIC OFFICIALS:
9-4-27: SCHOOL CURFEW:
9-4-28: PROPERTY DAMAGE:
9-4-29: RETAIL THEFT:
9-4-30: THEFT:
9-4-31: LASER POINTERS:

9-4-1: ACTIONS PROHIBITED:linklink


The specific conduct, demeanor, states of behavior and actions hereinafter described are hereby declared to be illegal and prohibited. (Ord. 719, 11-15-1977)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=8785#s67002
9-4-2: DISORDERLY CONDUCT:linklink

Disorderly conduct shall be unlawful. A person commits disorderly conduct when he or she knowingly:


(A) Breach Of The Peace:

1. Does any act in such unreasonable manner as to provoke, make or aid in making a breach of peace; or

2. Does or makes any unreasonable or offensive act, utterance, gesture or display which, under the circumstances, creates a clear and present danger of a breach of peace or imminent threat of violence; or

3. Refuses or fails to cease and desist any peaceful conduct or activity likely to produce a breach of the peace where there is an imminent threat of violence, and where the police have made all reasonable efforts to protect the otherwise peaceful conduct and activity, and have requested that said conduct and activity be stopped and explained the request if there be time; or

4. Shouts or causes or makes other loud and tumultuous noises to the disturbance of any locality or neighborhood; or

5. Makes or causes to be made any noise or sounds of such volume or of such a nature as to cause annoyance to residents of the village; or disturbs the peace by the making of any unnecessary noise.


(B) Fail To Obey Peace Officer: Fails to obey a lawful order of dispersal by a person known by him to be a peace officer under circumstances where three (3) or more persons are committing acts of disorderly conduct in the immediate vicinity, which acts are likely to cause substantial harm or serious inconvenience, annoyance or alarm.


(C) Unlawful Assemblages:

1. Assembles with three (3) or more persons for the purpose of using force or violence to disturb the public peace; or

2. Is in or remains in any crowd, body or assembly of persons collected, gathered or being together for unlawful purposes, or for the purpose of annoying or disturbing any person, pedestrian or traveler.


(D) Riot, Affray, Assault:

1. Causes or engages in or encourages any riot, affray, or other like diversion, which tends to, or constitutes, a breach of the peace; or

2. Starts a fight, or to fight, or to commit any assault or battery in any public place in the village.


(E) Disturb Lawful Assemblages:

1. Disturbs any orderly public assembly of any kind; or

2. Loiters or lingers about any door or entrance of any church, hall or other room or building used for public assembly after being ordered away by any person in charge of such church, hall, room or building.


(F) Congregation Of Disorderly Persons; Premises: Causes or permits any roadhouse, shop, building or place of any description (while having the control thereof) to become the gathering place of any disorderly persons, or permits therein any tumultuous disturbance or party to the annoyance of the neighborhood.


(G) Disorderly Conduct Relating To Alcoholic Liquor And Drugs:

1. Appears in any public place manifestly under the influence of alcohol, narcotics or other drug, not therapeutically administered, to the degree that he or she may endanger himself or herself or other persons or property, or annoy persons in his or her vicinity; or

2. Is drunk or in a state of intoxication, or is a person who shall be drinking, selling or giving away any fermented cider, hard cider, ale, porter, beer, whiskey, rum, brandy, gin, bitters or other intoxicating liquors in any quantity upon any highway, street, thoroughfare or other public place within the village or shall be drunk or be in a state of intoxication in any private house or place, to the annoyance of any citizen.


(H) Disorderly Conduct Involving Weapons:

1. Carries in a threatening or menacing manner, without authority of law, any pistol, revolver, dagger, razor, dangerous knife, stiletto, knuckles, slingshot, an object containing noxious or deleterious liquid, gas or substance or other dangerous weapon, or conceals said weapon on or about the person or vehicle; or

2. Keeps concealed about one's person any weapon of a deadly nature; or (Ord. 719, 11-15-1977)

3. Fires or discharges any gun, pistol, fowling piece or other firearm, or any air gun or toy pistol on which percussion caps are used, within the village, unless authorized by the village board following recommendation by the police chief; or (Ord. 2005-3927, 5-16-2005)

4. Sells, loans or furnishes to any minor any gun, pistol or any other dangerous weapon. (Ord. 719, 11-15-1977)


(I) Fireworks:

1. It shall be unlawful to discharge, fire or give any exhibition of fireworks or pyrotechnics within the village without having first secured a permit therefor from the village board. Prior to the village board's approval the fireworks plan shall be reviewed and a recommendation received from the chief of the Lisle-Woodridge fire protection district, or the chief's designee.

2. It shall be unlawful to store, sell or offer for sale any fireworks or pyrotechnics in the village, either at wholesaleor retail; provided that the storage of such materials for use in an exhibition for which a permit has been granted shall not be construed as a violation of this subsection. (Ord. 2006-4047, 8-7-2006)


(J) Obstruction To Public And Private Properties:

1. Annoys or causes injury to passersby on any street or sidewalk or other walk in any street or other public place by placing any obstruction upon or across the same, or by throwing missiles of any kind, or by jeering at or deriding in any other manner with intent to annoy and cause discomfort or inconvenience to any person in the lawful and orderly pursuit of his or her business or pleasure in such street or public place.

2. Obstructs or encumbers or lounges in, on or about any street corner, or sidewalk, church, clubhouse, hallway or other public building or place after being requested by a policeman or other village officer to move on.


(K) Injure, Damage Public Or Private Properties:

1. Breaks or injures street or public lights, lamps or lighting apparatus;

2. Defaces, destroys, alters, or mutilates, steals, obstructs or withholds any books, documents, papers, accounts or property of the village;

3. Interferes with, removes, destroys, or in any manner causes injury to any property belonging to the village or to any person, and located in any street, alley or other public place in the village, unless duly authorized by the owner of such property;

4. Throws, places or deposits in any street, alley or other public place any wastepaper, brick, bottle, stone, glass or other rubbish, decayed vegetables or fruit or other garbage refuse of any kind. However, deposits made for purpose of pick up and immediate removal, when placed and contained in a compact fashion by the village or its agent according to direction or custom, shall not be punishable so long as said deposit is not made for a period in excess of twenty four (24) hours or is moved or removed from said areas promptly upon request of the village or any person inconvenienced thereby;

5. Cuts, injures or destroys any tree, vine, shrub or other plant in, or cuts or removes any sod or earth from, any street, alley, park or other public place, without due authority;

6. Throws or leaves any peel, rind or other paring or remnant of fruit on any sidewalk;

7. Throws stones, missiles, nails or tacks, ice, glass, brokencrockery or china, iron or metal scraps or other article or thing by which persons or animals may be injured, or vehicles damaged, or endangered; or throws or casts any stone or other missile at any building, railroad cars or other public or private property within the village, or at or upon any person, or abets all of the same;

8. Dumps or deposits or causes to be dumped or deposited any grass, leaves, branches, or any other things in the roadway or gutter of any public street in the village.


(L) Picketing; Demonstrations:

1. Pickets or demonstrates on a public way within one hundred fifty feet (150') of any primary or secondary school building while the school is in session and one-half (1/2) hour before the school is in session and one-half (1/2) hour after the school session has been concluded; provided, that this subsection does not prohibit the peaceful picketing of any school involved in a labor dispute; or

2. Pickets or demonstrates on a public way within one hundred fifty feet (150') of any church, temple, synagogue or other place of worship while services are being conducted and one-half (1/2) hour before services are to be conducted and one-half (1/2) hour after services have been concluded; provided, that this subsection does not prohibit the peaceful picketing of any church, temple, synagogue or other place of worship involved in a labor dispute.


(M) Aid Or Abet Escape: Aids or abets the rescue or escape of any person under arrest or under pursuit for the purpose of being arrested.


(N) Disorderly Conduct Involving Animals:

1. Engages in or encourages cockfighting;

2. Cruelly beats or otherwise inhumanely abuses or maltreats any domestic or other animal;

3. Induces or encourages dogfighting or street fighting. (Ord. 719, 11-15-1977)


(O) Gambling: Gambles or keeps a gambling place in violation of the provisions of this subsection.

1. A person gambles when he:

(a) Plays a game of chance or skill for money or other thing of value, unless excepted in subsection (O)2 of this section; or

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

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

(d) 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 has received in the course of a bet or wager; or

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

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

(g) 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; or

(h) Knowingly drafts, prints or publishes any lottery ticket or share, or any policy ticket, slip, record, document or similar device, except for such activity related to lotteries, bingo games and raffles authorized by and conducted in accordance with the ordinances of the village or the laws of Illinois or any other state or foreign government; or

(i) 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 ordinances of the village or the laws of Illinois or any other state; or

(j) 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 subsection (O)1(j) prohibits transmission or receipt of such information for use in news reporting of sporting events or contests.

2. Participants in any of the following activities shall not be convicted of gambling therefor:

(a) 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;

(b) Offers of prizes, award 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;

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

(d) The game commonly known as "bingo", when conducted in accordance with the "bingo license and tax act", approved July 22, 1971, as amended;

(e) Lotteries when conducted by the state of Illinois in accordance with the "Illinois lottery law", approved December 14, 1973, as amended;

(f) Possession of an antique slot machine that is neither used nor intended to be used in the operation and promotion of any unlawful gambling activity or enterprise. For the purpose of this subsection (O)2(f), an antique slot machine is one manufactured twenty five (25) years ago or earlier;

(g) Raffles when conducted in accordance with title 3, chapter 14 of this code;

(h) Charitable games when conducted in accordance with the "charitable games act";

(i) Pull tabs and jar games when conducted under the Illinois pull tabs and jar games act; or

3. For the purpose of this subsection (O), the terms of "gambling device", "lottery", and "policy game" shall have the meanings as set forth in the Illinois criminal code, section 28-2.

4. A "gambling place" is any real estate, vehicle, boat or any other property whatsoever used for the purpose of gambling other than those gambling activities authorized by the law of the state of Illinois or the ordinance of the village. No person shall knowingly permit any premises or property owned or occupied by him or under his control to be used as a gambling place. Such premises is hereby declared to be a public nuisance and may be proceeded against as such. (Ord. 92-2295, 7-20-1992)


(P) Obscenity:

1. Urinates or deposits human or animal excrement upon the streets or alleys or public grounds of the village;

2. Writes, draws, carves, makes or shows any lewd, indecent or obscene word, sentence, design, picture or figure on any place open to public access or view;

3. Appears in a public place in a state of nudity or in an indecent or lewd dress. No person shall make any indecent exposure of his person or be guilty of any indecent act or behavior or exhibit or perform any indecent, immoral or lewd play or representation.


(Q) House Of Ill Fame; Inmates Of, Keepers: No person shall keep or maintain or be an inmate of or in any way contribute to the support of any house of ill fame or assignation.

    Any person found in any house of ill fame or assignation shall be considered an inmate within the meaning of this subsection.

    Every house of ill fame or house of assignation where men and/or women resort for the purpose of prostitution is declared to be a nuisance.


(R) Signs And Advertising Matter1:

1. Except as permitted in the sign ordinance of the village, no person shall hang or suspend a sign from any building to hang over any sidewalk or street within the village.

2. No person shall distribute handbills, circulars, dodgers, pamphlets, cards, pictures or any advertising matter of any kind whatsoever, by placing the same in or upon any motor vehicle standing or parked in the public streets of the village.


(S) Uninvited Solicitations: No person shall engage in solicitations upon any premises or in any dwelling house, apartment or other residence located thereon after having been asked by the owner or occupant thereof to leave such premises or residence.


(T) Solicit, "Thumb" Rides: No person shall stand or loiter upon any sidewalk, street, avenue, alley or public highway or grounds within the limits of the village for the purpose of "thumbing", requesting, asking or soliciting a ride from the operator of any motor vehicle.


(U) Abandoned Refrigerators, Containers: It shall be unlawful to abandon any refrigerator, freezer or icebox or other device having an automatic lock on a compartment large enough to enclose a human being in any place accessible to children without first removing the doors of such refrigerator, freezer or icebox.


(V) Maintain Fire Hazards: No person shall permit or store any combustible refuse in such a way as to create a fire hazard or store or throw away any refuse of any kind in an alley, street or public way in the village.

    Accumulations of waste paper, hay, grass, straw, weeds, litter or combustible or flammable waste or rubbish of any kind shall not be permitted to remain upon any roof or in any court, yard, vacant lot or open space or upon any public street, sidewalk, easement or alley abuttingthereon. All weeds, grass, vines or other growth, when the same endangers property or is liable to be fired, shall be cut down and removed by the owner or occupant of the property, including all weeds, grass, vines or other growth2 growing in or upon any public street, sidewalk, easement or alley abutting said property. However, deposits made for purpose of pick up and immediate removal, when placed and contained in a compact fashion, by the village or its agent according to direction or custom3, shall not be punishable so long as said deposit is not made for a period in excess of twenty four (24) hours or is moved or removed from said areas promptly upon request of the village or any person inconvenienced thereby. (Ord. 719, 11-15-1977)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=8785#s67003
9-4-3: DISCRIMINATORY ACTIONS:linklink

It is unlawful to create a clear and present danger of a riot or assault, battery or other unlawful trespass against any person or group of persons because of his or her or their race, religion, color, national origin, or ancestry, or to create a clear and present danger of arson, vandalism, defacement or other unlawful trespass against property because of the race, religion, color, national origin, or ancestry of the owner, possessor, or authorized user or users of said property, or, in the case of a cemetery, of the decedent buried therein.

The term "person", as used in this section, shall include one or more individuals, copartnerships, corporations, firms, organizations, associations, leagues or other bodies. (Ord. 719, 11-15-1977)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=8785#s67004
9-4-4: OPEN BOTTLE LAW:linklink


(A) It shall be unlawful for any person to drink any alcoholic liquor, as defined by law on any public way or in or about any motor vehicle upon a public way in the village.


(B) It shall be unlawful for any person to transport, carry, possess or have any alcoholic liquor in or upon or about the passenger area of any motor vehicle upon any public way in the village except in the original package and with the seal unbroken. (Ord. 719, 11-15-1977)


(C) It shall be unlawful for any person to drink or possess alcoholic liquor in an open container in any common area of a multi-family residential development, except in those common areas on the property so designated in writing by an owner,manager or management company, homeowners' or condominium association, or other entity having control over said common areas.

    For the purpose of this subsection the following definitions shall apply:

     ALCOHOLIC LIQUOR: As defined in section 3-2-1 of this code.

    MULTI-FAMILY RESIDENTIAL DEVELOPMENT: Any residential development within the R-4 zoning district with more than two (2) dwelling units.

    OPEN CONTAINER: Any container other than the original package with the seal unbroken. (Ord. 97-2851, 3-3-1997)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=8785#s67005
9-4-5: DESTROY, DAMAGE PROPERTY; GRAFFITI:linklink


(A) Cemeteries; Places Of Worship: It is unlawful for any person to wilfully deface, mar, injure, destroy or remove any vault, tomb, monument, gravestone, memorial of the dead, church, synagogue, or any other structure consisting of a place of worship of any religion, sect or group or any part of any contents thereof, or any fence, tree, shrub or plant appurtenant thereto.


(B) Public Or Village Property: It is unlawful for any person to cut, injure, mark or deface any public building, sewer, water pipe, hydrant or other village property, or any tree, grass, shrub or walk in any public way or public park. This subsection shall not be construed to prohibit ordinary maintenance of parkway areas and sidewalks by adjacent property owners.


(C) Telegraph Poles: It is unlawful for any person to scratch, stencil or post placards or bills on any of the poles used for wires of the police and fire alarm telegraph, or in any other manner deface or injure the same.


(D) Graffiti Prohibited:

1. Graffiti Defined: For the purpose of this section "graffiti" shall be defined as any sign, symbol, marking, drawing, name, initial, word, diagram, sketch, picture, letter or any other inscription or drawing.

2. Graffiti Prohibited: It is unlawful for any person to place graffiti upon the surface of any structure or wall that is publicly or privately owned without the permission of the owner of the property. It shall be an affirmative defense to the alleged violation of the foregoing provision if such activity was undertaken with the prior written consent of the owner of the property, demonstrating that the owner was awareof the content and method of the graffiti to be placed on the structure or wall; however, no owner of property shall place or give permission to place on any property, real or personal, which is in public view any graffiti which incites violence by reference to gang or criminal activity, depicts or expresses obscenity by referring to sexual activity or contains defamatory material about a public or private person.

3. Removal Of Graffiti: The village hereby declares "graffiti", as defined in subsection (D)1 of this section to be a nuisance and as a nuisance, subject to abatement as provided herein:

(a) Upon written notification by the village, the owner of property upon which graffiti has been illegally placed shall remove the graffiti within ten (10) working days from the date of the notice.

(b) The village, upon notification of graffiti placed upon any village property, shall remove the graffiti within ten (10) working days from the date of the notification. The village also may remove graffiti from the exterior of private property if owners comply with the following conditions:

(1) Owners must inform the village of the presence of such graffiti and of their inability to remove it;

(2) Owners must prepay the village for the cost of the removal; and

(3) Owners must sign a statement authorizing removal by the village and must sign a release holding the village harmless from any claims or suits brought for damages pursuant to any chemicals or from the actions taken by the village or its employees to remove the graffiti.

        If property owners do not request such removal as specified herein or do not remove the graffiti within the time specified, they shall be subject to the penalties listed in subsection (D)4 of this section.

(c) An extension of the time in which graffiti must be removed may be granted by the chief of police upon application of the property owner to the police department and a showing of cause. Cause shall include, but not be limited to: abnormal weather conditions, availability of chemicals, or physical limitations of the owner. In no case shall an extension be granted which would extend the removal deadline more than thirty (30) days beyond the initial notification referred to in subsection (D)3(a) of this section. (Ord. 92-2298, 8-3-1992)

4. Penalties: Upon a finding of guilty for violation of subsection (D)2 of this section, there shall be imposed a fine as established by the annual fee ordinance. Upon a finding ofguilty for a violation of subsection (D)3 of this section, there shall be imposed a fine as established by the annual fee ordinance. Additionally, the court may require that the party guilty of violating the provisions of subsection (D)2 of this section make full and complete restitution to the village and/or the owner of the property for expenses incurred in the removal of the graffiti and/or restoration of the structure or wall to its previous condition. In addition, the court may order as further penalty, community service in the form of time to be spent in cleaning property that has been defaced by graffiti in any location in the village. (Ord. 98-2948, 1-19-1998)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=8785#s67006
9-4-6: REMOVAL OF EARTH:linklink

No person shall dig, cut, or remove any sod or earth from any public way or other public place within the village without a permit from the village manager, or from any premises not his own without the consent of the owner thereof. Further, no person shall dig, cut or remove any sod or earth from any property adjoining or contiguous to a public way in such a manner as to leave said property in an unsafe or unsanitary condition or in such condition as will constitute a public nuisance. (Ord. 719, 11-15-1977)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=8785#s67007
9-4-7: POSTING ADVERTISEMENTS:linklink

No person shall post, stick, stamp, tack, paint or otherwise fix, or cause the same to be done by another person, any notice, placard, bill, handbill, sign, poster, card, advertisement or other device calculated to attract the attention of the public, upon any building or part thereof, wall or part thereof, or window, without first obtaining the written consent of the owner, agent, lessee or occupant of such premises or structure; provided, however, that no person shall paste, post or fasten any handbill, poster, advertisement or notice of any kind, or cause the same to be done, which exceeds twelve (12) square feet in area without first obtaining a permit so to do in accordance with the provisions of the sign ordinance relating to billboards and signboards; and provided, further, that this section shall not apply to advertising matter upon billboards owned or controlled by private individuals. (Ord. 719, 11-15-1977)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=8785#s67008
9-4-8: SPORT ARENAS; THROWING DANGEROUS OBJECTS IN:linklink

No person shall throw, drop or place upon any baseball park, athletic field or other place where games are played, any bottle or other glass receptacle or any broken bottle or other broken instrument or thing or refuse. (Ord. 719, 11-15-1977)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=8785#s67009
9-4-9: SIGNAL BOXES; FALSE ALARMS:linklink


(A) No person, unless duly authorized, shall open or use any signal box, unless it be to give an alarm of fire or to communicate with the police on necessary business, nor break, cut, injure, deface, derange, or in any manner meddle or interfere with any signal box or the fire alarm or police telegraph wires or with any municipal electric wires, poles, conduits or apparatus.


(B) Whoever, without reasonable cause, by outcry or otherwise, makes or circulates, or causes to be made or circulated, any false alarm of fire, shall be fined not to exceed the maximum sum prescribed herein. (Ord. 719, 11-15-1977)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=8785#s67010
9-4-10: TRESPASS:linklink

Trespass shall be unlawful. A person commits trespass when he knowingly:


(A) Enters the property or any part thereof of another when, immediately prior to such entry, he receives notice, either oral or written, from the owner or occupant that such entry is forbidden; or


(B) Remains upon the property or any part thereof of another, after receiving notice, either oral or written, from the owner or occupant to depart; or


(C) Enters upon property open to the public, or any part thereof, and remains thereon with a malicious and mischievous intent after receiving notice, either oral or written, from the owner or occupant to depart; or


(D) Wilfully defaces, mars, injures or destroys any building or part of any building or any property of another with paint, tar, acid, grease, oil or other such substance which would detrimentally alter the outer face or substance of such building or any property of another, or any fence, tree, shrub or plant appurtenant thereto. (Ord. 719, 11-15-1977)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=8785#s67011
9-4-11: PUBLIC NUISANCES:linklink

The maintenance of a public nuisance shall be unlawful. Every common, ill governed, or disorderly house, room, or other premises kept for the encouragement of idleness, gaming, drinking, fornication or other misbehavior, is hereby declared to be a public nuisance, and the keeper and all persons connected with the maintenance thereof, and all persons patronizing or frequenting the same, shall be fined not to exceed the maximum sum prescribed herein. (Ord. 719, 11-15-1977)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=8785#s67012
9-4-12: DISTURB LAWFUL ASSEMBLIES:linklink

Any person who shall disquiet or disturb any congregation or assembly met for religious worship by making a noise, or by rude and indecent behavior or profane discourse within the place of worship, or so near to the same as to disturb the order and solemnity of the meeting, shall be fined not to exceed the maximum sum prescribed herein. (Ord. 719, 11-15-1977)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=8785#s67013
9-4-13: WEAPONS:linklink


(A) Possession, Discharge And Use:

1. No person shall fire or discharge any gun, pistol or other firearm within the village except upon premises used by a duly licensed shooting gallery, gun club or rifle club.

2. No cannon or piece of artillery shall be discharged or fired off in any public way or other public place within the village except upon the express permission of the village.

3. The provisions of this section shall not apply to sheriffs, or members of the police force, or other peace officers engaged in the discharge of their official duties, or to any person summoned by any of such officers to assist in making arrests or preserving the peace while such person so summoned is engaged in assisting such officer.

4. No person shall sell, offer for sale, keep, possess, loan or give to any person any knife, the blade of which is released by a spring mechanism, including knives known as "switchblades", any blackjack, slingshot, sand club, sandbag, metal knuckles or bludgeons. No person shall sell, offer for sale, loan or give to any person eighteen (18) years of age or under, any type or kind of knife, any blade of which is two inches (2") in length or longer.

5. No person shall carry or possess any knife, the blade of which is released by a spring mechanism, including knives known as "switchblades", any blackjack, slingshot, sand club, sandbag, metal knuckles or bludgeons. No person eighteen (18) years of age or under shall carry or possess any knife, the blade of which is two inches (2") in length or longer.

6. No person shall carry or possess with intent to use same unlawfully against another a dagger, dirk, billy, dangerous knife, stiletto or other dangerous or deadly weapon.

7. No person shall carry concealed on or about his person a pistol, revolver, derringer or other firearm or dagger, dirk, stiletto, bowie knife, commando knife, any blade of which is released by a spring mechanism, including knives known as "switchblades" or any other type or kind of knife, any blade of which is more than two and one-half inches (21/2") in length, ordinary razor or other dangerous weapon except that no person eighteen (18) years of age or under shall carryconcealed on or about his person any knife, the blade of which is two inches (2") in length or longer. This provision shall not apply, however, to the following officers while engaged in the discharge of their official duties: sheriffs, policemen or other duly constituted police officers, or to persons lawfully summoned by an officer to assist in making arrests or preserving the peace, while so engaged in assisting such officer.

8. No person shall at any time discharge or set off anywhere within the village or have in his possession for such purpose any toy firearm, air rifle, toy cannon, or any gun that discharges projectiles either by air, spring, explosive, substance or any other force.


(B) Gun Free School Zones:

1. It shall be unlawful for any individual knowingly to possess a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone.

2. Subsection (B)1 of this section shall not apply to the possession of a firearm:

(a) On private property not part of school grounds;

(b) If the individual possessing the firearm is duly licensed to do so pursuant to all applicable state and local laws;

(c) Which is:

(1) Not loaded; and

(2) In a locked container or a locked firearms rack which is atop a motor vehicle;

(d) By an individual for use in a program approved by a school in the school zone;

(e) By an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;

(f) By a law enforcement officer acting in his or her official capacity; or

(g) That is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.

3. For the purposes of this subsection (B), the term "school" means any public, private or parochial institution as defined in section 5-1-7 of this code. The term "school zone" means in, on the grounds of, or within one thousand feet (1,000') of a public, private or parochial school.

4. The village shall post signs around school zones warning of the prohibition of the possession or discharge of firearms in a school zone. (Ord. 92-2309, 9-8-1992)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=8785#s67014
9-4-14: OFFENSES INVOLVING MOTOR VEHICLES:linklink


(A) No person shall start a vehicle which is stopped, standing or parked, nor shall any person accelerate a moving vehicle unless or until such movement can be made and is made with reasonable safety and without unnecessary noise of the engine or squealing or screeching of the tires on the pavement.


(B) Every motor vehicle driven or operated in the village shall at all times be equipped with an adequate muffler or exhaust system in constant operation and properly maintained to prevent any excessive or unusual noise. No such muffler or exhaust system shall be equipped with a cutout, bypass or similar device. No person shall modify the exhaust system of a motor vehicle in a manner which will amplify or increase the noise of such vehicle above that emitted by the muffler originally installed on the vehicle, and such original muffler shall comply with all the requirements of this section. (Ord. 719, 11-15-1977)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=8785#s67015
9-4-15: CONCEAL IDENTITY:linklink

It shall be unlawful for any person within the village to appear in public in any mask, cap, cowl, hood, or other thing concealing the identity of the wearer; provided, that the provisions of this section shall not apply to persons attending or taking part in carnivals, masked balls, public shows, entertainments or celebrations in the village, or under permission of the proper authorities of said village, nor to any person holding a written permit issued by the mayor, nor to minors who go about the village "trick-or-treating", without accompanying malicious conduct. (Ord. 719, 11-15-1977)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=8785#s67016
9-4-16: BURGLAR TOOLS, POSSESSION OF:linklink

A person possesses burglary tools when he possesses any tool, key, instrument, device or any explosive suitable for use in breaking into any building, house trailer, watercraft, aircraft, vehicle, railroad car, or any depository designed for the safekeeping of property, or any part thereof, with intent to enter any such place and with intent to commit therein a felony or theft.

A person convicted of the possession of burglary tools shall be fined not to exceed the maximum sum prescribed herein. (Ord. 719, 11-15-1977)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=8785#s67017
9-4-17: SIGNATURES FORGED ON PETITIONS:linklink

Whenever it may be necessary, in order to procure a license, permit, grant or privilege of any kind, or to obtain a referendum vote on a proposition, to secure signatures to a petition for the same under the provisions of any law or ordinance affecting the whole or any part of the village, it shall be unlawful for any person, individual, or any firm or corporation by its members, officers or agents, to forge the signature or procure the forging of the signature to the same of any person who is by law qualified to sign such petition, or to sign or procure the signing of a fictitious name to such petition, or to procure the signature to the same of the person qualified to sign such petition by payment of money or other valuable thing to the person so signing. The signing or procuring of each false or fraudulent name to such petition shall be regarded as a distinct and separate offense. (Ord. 719, 11-15-1977)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=8785#s67018
9-4-18: BENEFITS, NAME OF BENEFICIARY ON PROMOTIONAL MATERIALS:linklink

No person shall use any ticket, poster, placard, badge or other advertisement in the promotion of any dance, bazaar, picnic, game, theater or other entertainment or performance purporting to be given for charitable purposes unless the names of the persons or organizations intended to be benefited by the receipts from such entertainment or performance are stated on such ticket, poster, placard, badge or other advertisement. (Ord. 719, 11-15-1977)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=8785#s67019
9-4-19: RESPONSIBILITY FOR UNDERAGE CONSUMPTION OF ALCOHOL AND ATTEMPTED UNLAWFUL PURCHASE:linklink


(A) Unlawful Possession And Consumption By Persons Underage:

1. No person under the age of twenty one (21) years shall consume, purchase or accept delivery of alcoholic liquor or have alcoholic liquor in his or her possession within the village; provided the possession and dispensing, or consumption by a person under the age of twenty one (21) years, of alcoholic liquor in the performance of a religious service or ceremony, the consumption by a person under the age of twenty one (21) years, under the direct supervision and approval of the parent(s) or guardian(s) of such underage person in the privacy of the parent's or guardian's home, or the possession and delivery of alcoholic liquors in the course of a person's employment when otherwise authorized by this code or by the Illinois municipal code is not prohibited.

2. No person after purchasing or otherwise obtaining alcoholic liquor shall sell, give or deliver such alcoholic liquor to another person under the age of twenty one (21) years, except as otherwise allowed in this code and the Illinois municipal code.


(B) Parental Responsibility: It shall be unlawful for any parent or guardian to knowingly suffer or permit any minor child of which he or she may be the parent or guardian to violate any provision of this chapter.


(C) Responsibility Of The Owner Or Occupant Of Premises: No person shall knowingly permit a gathering at a residence which he or she occupies of two (2) or more persons where any one or more of the person(s) is under twenty one (21) years of age and the following factors also apply:

1. The person occupying the residence knows that any such person under the age of twenty one (21) is in possession of or is consuming any alcoholic beverage; and

2. The possession or consumption of the alcohol by the person under twenty one (21) is not otherwise permitted by this act.

    For the purposes of this subsection where the residence has an owner and a tenant or lessee, there is a rebuttable presumption that the residence is occupied only by the tenant or lessee.


(D) False Identification:

1. No person shall transfer, alter or deface any identification card issued by a public officer in the performance of his official duties; or use the identification card of another; carry or use a false or forged identification card; or obtain an identification card by means of false information.

2. No person shall purchase, accept delivery or have possession of alcoholic liquor by the use of an altered, forged or defaced identification card or by the use of an identification card of another person.

3. No person shall misrepresent his or her age for the purpose of purchasing or obtaining alcoholic liquor.


(E) Hotel And Motel Room Rental: No person shall rent a hotel or motel room from the proprietor or agent thereof for the purpose of or with the knowledge that such room shall be used for the consumption of alcoholic liquor by a person or persons under the age of twenty one (21) years. (Ord. 92-2239, 1-20-1992)


(F) Possession; Presence Of Alcohol Within Body: For the purpose of this section, "possession" shall include, but not be limited to, the presence of any amount of alcohol within the body of a person. (Ord. 95-2616, 2-20-1995)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=8785#s67020
9-4-20: PENALTY, SECTIONS 9-4-1 THROUGH 9-4-19:linklink


(A) Any person found to have violated any provision ofsections 9-4-1 through 9-4-18 of this chapter, shall be fined as established by the annual fee ordinance for each offense.


(B) Any person found to have violated any provision of section 9-4-19 of this chapter shall be fined as established by the annual fee ordinance for each offense. (Ord. 96-2776, 5-20-1996)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=8785#s67021
9-4-21: VANDALISM:linklink


(A) Definitions: As used in this section, unless the context otherwise requires, the terms specified have the meanings ascribed to them:

     LEGAL GUARDIAN: A person appointed guardian or given custody of a minor by a circuit court of the state, but does not include a person appointed guardian or given custody of a minor under the juvenile court act.

    MINOR: A person who is above the age of eleven (11) years but not yet nineteen (19) years of age.


(B) Damage To Property: It shall be unlawful for any person to wilfully, maliciously or negligently break, deface, injure or destroy any property within the village, whether such property is owned by the state, county, village or any other governmental body or owned by any private person.


(C) Parents' Responsibility: The parent or legal guardian of an unemancipated minor residing with such parent or legal guardian shall be presumed, in the absence of evidence to the contrary, to have failed to exercise proper parental responsibility and said minor shall be deemed to have committed the acts described below with the knowledge and permission of the parent or guardian, in violation of this section, upon the occurrence of the events described in subsections (C)1, (C)2 and (C)3 of this section:

1. An unemancipated minor residing with said parent or legal guardian shall either be adjudicated to be in violation of any ordinance, law or statute prohibiting wilful and malicious acts causing injury to a person or property or shall have incurred nonjudicial sanctions from another official agency resulting from an admission of guilt in violation of any ordinance, law or statute prohibiting wilful and malicious acts causing injury to a person or property; and

2. Said parent or legal guardian shall have received a written notice thereof, either by certified or registered mail, return receipt requested, or by personal service, with a certificate of personal service returned from the police department of the village, following said adjudication or nonjudicial sanction; and

3. If at any time within one year following receipt of thenotice set forth in subsection (C)2 of this section, said minor is either adjudicated to be in violation of any ordinance, law or statute, as described in subsection (C)1 of this section, or shall have incurred nonjudicial sanctions from another official agency resulting from an admission of guilt of violation of any ordinance, law or statute as described in subsection (C)1 of this section.


(D) Penalty: Any person convicted of any violation of the provisions of this section shall be fined as established by the annual fee ordinance for each offense. (Ord. 661, 11-16-1976)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=8785#s67022
9-4-22: CLAIMS FOR CERTAIN OFFENSES; PROCEDURES:linklink


(A) Whenever any person is accused of any offense hereinafter enumerated, the police officer so accusing may, in lieu of instituting a prosecution for the alleged offense, issue to the alleged violator a citation, unless the alleged offense involves serious injury to a person or animal as defined in section 9-2-2 of this title, whereby the police officer shall institute a prosecution for the alleged offense.


(B) Any person receiving a citation may settle and compromise the claim against him for such offense by paying to the village the sum provided for herein for such offense within the time specified in the citation which shall not be less than forty eight (48) hours nor more than ten (10) days from the date on which the offense was committed.


(C) All such payments shall be made either by mailing a check or money order for the required amount, in the self-addressed envelope provided, or by paying the same in person at the police station or at the village hall during regular business hours. If paid in person the copy of the citation must accompany payment.


(D) The citation will be in the following form:

        Failure to pay the fine within the time specified on the citation shall be cause for the filing of a complaint against you in the Circuit Court of DuPage County, and the issuance of a warrant for your arrest.


(E) The amount at which the claim may be settled, pursuant to the citation, for the following offenses, shall be as established by the annual fee ordinance:

1. Parking alongside or opposite any street excavation or obstruction when such parking would obstruct traffic.

2. Parking within twenty feet (20') of a crosswalk at an intersection.

3. Bicycle riding on sidewalk in business district.

4. Double parking.

5. Overtime hourly parking.

6. Parking in excess of the maximum time limit in the central business district.

7. Parking in front of a driveway.

8. Parking in reserved lot without paying rental fee.

9. Parking on a crosswalk.

10. Parking on any street between two o'clock (2:00) A.M. and six o'clock (6:00) A.M. without special permission. (Special permission for overnight parking for blacktop, seal coating driveway, special meetings or parties, out of town guests, may be granted by the police department.)

11. Parking on sidewalk.

12. Parking upon any bridge or elevated structure upon a highway or within a highway tunnel.

13. Parking within fifteen feet (15') of a fire hydrant.

14. Parking within thirty feet (30') of the approach to any flashing beacon, stop sign or traffic control signal located at the side of the roadway.

15. Parking within twenty feet (20') of the driveway entrance to any fire station.

16. Overtime parking on expired meters.

17. Parking in space designated with signs prohibiting parking.

18. Parking not entirely within the limits of a single striped parking space.

19. Parking on private property without consent.

19a. Failure to obtain an animal license.

20. Failure to display animal license.

21. Open burning.

22. Parking in area prohibited during or after snowfall.

23. Permitting an animal to bark, whine or howl excessively.

24. Permitting an animal to create noxious or offensive odors.

25. Permitting animal to run at large.

25a. Permitting a dangerous dog to run at large.

25b. Knowingly permitting a dangerous dog to run at large.

25c. Permitting a vicious dog within the corporate limits of the village.

26. Unlawful accumulation of garbage and debris.

27. Permitting animal to run at large - second violation within twelve (12) month period.

28. Parking in space designated for handicapped person.


(F) In the event that the owner or operator of a vehicle fails to make the applicable payment referred to in subsection (E) of this section within the ten (10) day period set forth in subsection (B) of this section, the said fine shall be increased as established by the annual fee ordinance.

    In the event of the failure of an owner or operator of a vehicle in violation of the foregoing to make such payment as referred to above within ten (10) days, the chief of police shall direct a "final notice" to such owner setting forth the date, time and place of said violation and advising that said owner may, within ten (10) days after receipt of said "final notice", pay to the village, at the Lisle police station, the sums established by the annual fee ordinance, in full satisfaction of such violation and further advising that failure to make said payment shall be a cause for the issuance of a "notice to appear" for the registered owner. The maximum fine for violations set forth in this section shall be as established by the annual fee ordinance.


(G) The fact that an automobile which is illegally operated or parked is registered in the name of the alleged violator shall be considered prima facie proof that such person was in control of the automobile at the time of the alleged offense. (Ord. 2007-4098, 3-5-2007)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=8785#s67023
9-4-23: SNOW DEPOSIT ON STREETS:linklink


(A) Unlawful Actions; Exceptions: It shall be unlawful for any person to remove any snow or ice from any private property and deposit the same upon any public street or alley or any part thereof if such deposit is a bulk deposit which presents an obstacle to vehicle traffic on said street or alley. Thissection shall not apply to:

1. A bona fide snow removal operation if the resulting bulk deposit is immediately removed after the snow removal operation;

2. The village when using the center of a cul-de-sac for the deposit of snow or ice. (Ord. 82-1072, 10-19-1982)


(B) Penalty: Any person convicted of any violation of the provisions of this section shall be fined as established by the annual fee ordinance for each offense. (Ord. 96-2776, 5-20-1996)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=8785#s67024
9-4-24: CURFEW:linklink


(A) It is unlawful for a person less than seventeen (17) years of age to be present at or upon any public assembly, building, place, street or highway at the following times unless one of those exceptions listed in subsection (B) of this section applies:

1. Between one minute after twelve o'clock (12:01) A.M. and six o'clock (6:00) A.M. Saturday;

2. Between one minute after twelve o'clock (12:01) A.M. and six o'clock (6:00) A.M. Sunday; and

3. Between one minute after eleven o'clock (11:01) P.M. on Sunday to Thursday, inclusive, and six o'clock (6:00) A.M. on the following day.


(B) This section shall not apply to any person less than seventeen (17) years of age who is involved in the following activities:

1. Accompanied and supervised by a parent, legal guardian, or other responsible companion of at least seventeen (17) years of age who is approved by the parent or legal guardian;

2. Engaged in a business or occupation which the laws of this state authorize a person less than seventeen (17) years of age to perform;

3. Attending or traveling to or from an official school, religious or civic activity;

4. Attending or traveling to or from any assembly activity for which a permit has been lawfully issued;

5. Involved in an emergency involving the protection of a person or property from an imminent threat of serious bodily injury or substantial damage; or

6. Any activity which involves the exercise of the minor's first amendment rights.


(C) Before issuing any citation pursuant to this section, the citing officer shall reasonably determine if the person is involved in any activity as considered under subsection (B) of this section. If the officer determines that the person is involved in such an activity, then no citation shall be issued. If the officer, however, has reasonable belief that the person is not involved in such activity as considered under subsection (B) of this section, then the officer shall issue a citation pursuant to this subsection.


(D) It is unlawful for a parent, legal guardian or other person to knowingly permit a minor in his custody or control to violate subsection (A) of this section.


(E) A person violating this section shall be issued a citation and fined as established by the annual fee ordinance. (Ord. 2004-3828, 5-3-2004)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=8785#s67025
9-4-25: OFFENSES RELATING TO DRUGS:linklink


(A) Inhaling, Drinking Or Possessing Certain Substances: No person shall inhale, breathe, or drink, or possess with the intent to inhale, any compound liquid or chemical containing toluol, hexane, trichloroethylene, acetone, toluene, ethyl acetate, methyl ethyl acetone, trichloroethane, isopropanol, methyl isobutyl ketone, methyl cellosolve acetate, cyclohexanone, or any other substance for the purpose of inducing symptoms of intoxication, elation, dizziness, paralysis, irrational behavior, or in any manner to change, distort or disturb the audio, visual or mental processes. For the purpose of this section, any such condition so induced shall be deemed to be an intoxicated condition. In addition, for the purpose of this section, the possession of any itemaltered so as to facilitate the inhalation of such substance, or the possession of any other item or device designed to enable the inhalation of such substance shall create a rebuttable presumption of intent to inhale said substance. The provisions of this subsection shall not apply to:

1. Any person who inhales, breathes or drinks such material or substances pursuant to the direction or prescription of any doctor, physician, surgeon, dentist or podiatrist authorized to so direct or prescribe.

2. Any person who inhales, breathes, drinks or otherwise in any manner uses any narcotic, dangerous drug, or other material or substance or combination thereof, which material or substance or combination thereof is defined by, and the use of which, is prohibited or regulated by any law of this state.


(B) Sale Of Certain Substances: No person shall knowingly sell or offer for sale, deliver or give away to any person any substances containing any of the following volatile solvents, where the seller, offerer or deliverer knows or has reason to believe that the substance will be used for the purpose of inducing symptoms of intoxication, elation, dizziness, paralysis, irrational behavior, or in any manner to change, distort or disturb the audio, visual or mental processes: toluol, hexane, trichloroethylene, acetone, toluene, ethyl acetate, methyl ethyl acetone, trichloroethane, isopropanol, methyl isobutyl ketone, methyl cellosolve acetate, cyclohexanone, or any other substance for the purpose of inducing symptoms of intoxication, elation, dizziness, paralysis, irrational behavior, or in any manner to change, distort or disturb the audio, visual or mental processes.


(C) Possession Of Cannabis:

1. Findings: The board of trustees is advised that there is a widespread illegal use of cannabis within the village and further finds that the adoption of a local ordinance governing said illegal use of cannabis will be helpful for the effective control and elimination of this drug.

2. Cannabis Defined: "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 chemical 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, and any compound, manufacture, salt, derivative, mixture or preparation of such mature stalks(except the resin extracted therefrom), fiber, oil, cake, or the sterilized seed of such plant which is incapable of germination.

3. Possession Unlawful: It shall be a violation of this subsection for any person knowingly to possess any quantity of any substance containing cannabis, except that the effect of this subsection shall be limited to persons knowingly possessing less than thirty grams (30 g) of any substance containing cannabis.


(D) Drug Paraphernalia:

1. Drug Paraphernalia Defined: The term "drug paraphernalia" means all equipment, products and materials of any kind which are used, intended for use or designed for use in planting, propagating, cultivating, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance as those substances are defined in 702 Illinois Compiled Statutes 550/3 and 570/204 through 570/210, as amended. The term "drug paraphernalia" shall be deemed to include, but not by way of limitation, the following items:

(a) Kits used, intended for use or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived.

(b) Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances.

(c) Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance.

(d) Testing equipment used, intended for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances.

(e) Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances.

(f) Diluents and adulterants such as quinine hydrochloride, mannitol, mannite, dextrose and lactose used, intended for use or designed for use in cutting controlled substances.

(g) Separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from or in otherwise cleaning or refining marijuana.

(h) Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding controlled substances.

(i) Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances.

(j) Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances.

(k) Hypodermic syringes, needles and other objects used, intended for use or designed for use in injecting controlled substances into the human body.

(l) Objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:

(1) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls;

(2) Water pipes;

(3) Carburation tubes and devices;

(4) Smoking and carburation masks;

(5) Roach clips, meaning objects used to hold burning materials such as a marijuana cigarette that has become too small or too short to be held in the hand;

(6) Miniature cocaine spoons and cocaine vials;

(7) Chamber pipes;

(8) Carburetor pipes;

(9) Electric pipes;

(10) Air driven pipes;

(11) Bongs;

(12) Ice pipes or chillers.

(m) Cocaine spoons, that is a spoon with a bowl so small that the primary use for which it is reasonably adopted or designed is to hold or administer cocaine, and which is so small as to be unsuited for the typical, lawful uses of a spoon. A cocaine spoon may or may not be labeled as a "cocaine" spoon or "coke" spoon.

(n) Marijuana or hashish pipe, that is a pipe characterized by a bowl which is so small that the primary use for which it is reasonably adopted or designed is the smoking of marijuana or hashish rather than lawful smoking tobacco and which may or may not be equipped with a screen.

2. Aids In Interpretation: In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following:

(a) Statements by an owner or by anyone in control of the object concerning its use.

(b) Prior convictions, if any, of an owner or of anyone in control of the object under any state or federal law relating to any controlled substance.

(c) The proximity of the object, in time and space, to a direct violation of this section.

(d) The proximity of the object to controlled substances.

(e) The existence of any residue of controlled substances on the object.

(f) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows or should reasonably know intend to use the object to facilitate a violation of this section; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this section shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia.

(g) Instructions, oral or written, provided with the object concerning its use.

(h) Descriptive materials accompanying the object which explain or depict its use.

(i) National and local advertising concerning its use.

(j) The manner in which the object is displayed for sale.

(k) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community such as a licensed distributor or dealer of tobacco products.

(l) Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprises.

(m) The existence and scope of legitimate uses for the object in the community.

(n) Expert testimony concerning its use.

3. Drug Paraphernalia Prohibited: It shall be a violation of this section for any merchant or other person to knowingly sell, offer for sale, display or be in the possession of any drug paraphernalia.

4. Penalty: Any person who violates any of the provisions of this section shall, upon conviction, be fined as established by the annual fee ordinance. Each day that a violation exists and each separate occurrence shall constitute separate offenses.


(E) Responsibility Of Parents And Owners Of Residences:

1. It shall be unlawful for any parent or guardian to knowingly suffer or permit any person under nineteen (19) years of age, of which he or she may be the parent or guardian, to violate any provision of this section. (Ord. 2001-3321, 7-2-2001)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=8785#s67026
9-4-26: OFFENSES REGARDING PUBLIC OFFICIALS:linklink


(A) Impersonation:

1. No person, other than a member of the police department, shall assume to act as a policeman in any capacity within the village.

    No person shall impersonate any of the members of the police department, or shall maliciously or with intent to deceive, use or imitate any of the signs, signals or devices adopted and used by the police department, or shall wear in public the uniform adopted as the police uniform, after having been removed or suspended.

2. No person shall impersonate without lawful authority any village officer or employee.


(B) Interfering With Officers: No person shall interfere with or hinder any officer or employee of the village while engaged in the duties of his office or employment.


(C) Resisting Or Obstructing Village Official: A person who knowingly resists or obstructs the performance by one known to the person to be an officer or employee of the village of any authorized act within his official capacity shall be guilty of a violation of this section. (Ord. 2001-3321, 7-2-2001)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=8785#s67027
9-4-27: SCHOOL CURFEW:linklink


(A) Established: It shall be unlawful for any person less than eighteen (18) years old who is enrolled in any public, private or parochial school to be present at, in or upon, within the corporate limits of the village, any public assembly, building, place, street or highway, other than school, during any time when school is in session during the regular school term, unless that person is:

1. Traveling to or from school by the most direct available route; or

2. Engaged in school related activities with prior approval of school authorities or as otherwise authorized by written school policy; or

3. Engaged in personal business, including, but not limited to, employment, medical care or religious activities, with prior written notice thereof from a parent or legal guardian addressed to school authorities.

4. Accompanied and supervised by a parent, legal guardian, or other adult having lawful custody or supervision of such person.

5. Involved in an emergency involving the protection of a person or property from an imminent threat of serious bodily injury or substantial damage.


(B) Investigatory Detention: Any police officer may stop and detain a person whom the police officer reasonably suspects to be violating this section for the purposes of verifying the detained person's identity, age, school enrollment and authority to be absent from school. The police officer shall immediately inform the detained person of the reason for the detention and that the detained person will be released on verification of authorization to be absent from school. If the detained person refuses to provide the police officer with the necessary information, or if authorization to be absent from school cannot be verified within fifteen (15) minutes after the detention, then the detained person shall be taken to school authorities, if practicable, or to a parent, legal guardian or other responsible person having lawful custody or supervision of such person.


(C) First And Subsequent Violations: The first incident of violation of school curfew shall be handled by the school authorities according to the policy and procedure of the school in which the minor is enrolled. The incident shall be documented and retained by the school district and the village. Any subsequent violations of this section will result in the minor and/or parent or legal guardian receiving a citation for the offense.


(D) Parental Responsibility: It shall be unlawful for any parent, legal guardian or other responsible companion to knowingly permit a person in his or her custody or control to violate subsection (A) of this section. (Ord. 2007-4090, 2-5-2007)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=8785#s67028
9-4-28: PROPERTY DAMAGE:linklink


(A) Definitions: The following words shall have the meanings respectively ascribed to them when used in this section:

     PERSON: Any individual, firm, partnership, association, corporation, company or organization of any kind.

    PROPERTY: Any real or tangible personal property.


(B) Prohibited Acts: It shall be unlawful for any person to:

1. Knowingly damage any property of another without his consent; or

2. Recklessly, by means of fire or explosive damage property of another; or

3. Knowingly start a fire on the land of another without his consent; or

4. Knowingly injure a domestic animal of another without his consent; or

5. Knowingly deposit on the land or in the building of another, without his consent, any stink bomb or any offensive smelling compound and thereby intend to interfere with the use by another of the land or the building; or

6. Damage any property with intent to defraud an insurer; or

7. Knowingly shoot a firearm at any portion of a train; or

8. Knowingly damage the property of another without his consent by defacing, deforming or otherwise damaging such property by the use of paint or other similar substance; or

9. Wilfully and maliciously cut, injure, damage, tamper with or destroy or deface any fire hydrant or any fire hose or any fire engine, or other public or private firefighting equipment, or any apparatus pertaining to such equipment, or intentionally open any fire hydrant without proper authorization. (Ord. 2001-3321, 7-2-2001)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=8785#s67029
9-4-29: RETAIL THEFT:linklink


(A) Retail Theft Defined: A person commits the offense of retail theft when he or she knowingly:

1. Takes possession of, carries away, transfers or causes to be carried away or transferred any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment with the intention of retaining such merchandise or with the intention of depriving the merchant permanently of the possession, use or benefit of such merchandise without paying the full retail price of such merchandise; or

2. Alters, transfers or removes any label, price tag or marking indicative of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment and attempts to purchase such merchandisepersonally or in consort with another at less than the full retail value with the intention of depriving the merchant of the full retail value of such merchandise; or

3. Transfers any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment from the container in or on which such merchandise is displayed to any other container with the intention of depriving the merchant of the full retail value of such merchandise; or

4. Under rings with the intention of depriving the merchant of the full retail value of the merchandise; or

5. Removes a shopping cart from the premises of a retail mercantile establishment without the consent of the merchant given at the time of such removal with the intention of depriving the merchant permanently of the possession, use or benefit of such cart.


(B) Presumptions: If any person:

1. Conceals upon his or her person or among his or her belongings unpurchased merchandise displayed, held, stored or offered for sale in a retail mercantile establishment; and

2. Removes that merchandise beyond the last known station for receiving payments for that merchandise in that retail mercantile establishment, such person shall be presumed to have possessed, carried away or transferred such merchandise with the intention of retaining it or with the intention of depriving the merchant permanently of the possession, use or benefit of such merchandise without paying the full retail price of such merchandise.


(C) Detention: Any merchant who has reasonable grounds to believe that a person has committed retail theft may detain such person on or off the premises of a retail mercantile establishment in a reasonable manner and for a reasonable length of time for all or any of the following purposes:

1. To request identification;

2. To verify such identification;

3. To make reasonable inquiry as to whether such person has in his possession unpurchased merchandise, and to make reasonable investigation of the ownership of such merchandise;

4. To inform a peace officer of the detention of that person and surrender that person to the custody of a peace officer;

5. In the case of a minor, to inform a peace officer, the parents, guardian or other private person interested in the welfare of that minor of this detention and to surrender custody of such minor to such person.

    A merchant may make a detention as permitted herein off the premises of a retail mercantile establishment only if such detention is pursuant to an immediate pursuit of such person.


(D) Affirmative Defense: A detention as permitted in this section does not constitute an arrest or an unlawful restraint, nor shall it render the merchant liable to the person so detained. (Ord. 2001-3321, 7-2-2001)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=8785#s67030
9-4-30: THEFT:linklink

It shall be unlawful for any person to commit theft.


(A) A person commits theft when he knowingly:

1. Obtains or exerts unauthorized control over property of the owner; or

2. Obtains by deception control over property of the owner; or

3. Obtains by threat control over the property of the owner; or

4. Obtains control over stolen property knowing the property to have been stolen or under such circumstances as would reasonably induce him to believe that the property was stolen, and

(a) Intends to deprive the owner permanently of the use or benefit of the property; or

(b) Knowingly uses, conceals or abandons the property in such manner as to deprive the owner permanently of such use or benefit; or

(c) Uses, conceals, or abandons the property knowing such use, concealment or abandonment probably will deprive the owner permanently of such use or benefit; or

5. Obtains or exerts control over property in the custody of any law enforcement agency which is explicitly represented to him by any law enforcement officer or any individual acting in behalf of a law enforcement agency as being stolen.


(B) A person who obtains control over lost or mislaid property commits theft when he:

1. Knows or learns the identity of the owner or knows or is aware of, or learns of a reasonable method of identifying the owner, and

2. Fails to take reasonable measures to restore the property to the owner, and

3. Intends to deprive the owner permanently of the use or benefit of the property.


(C) A person commits theft from a coin operated machine when he knowingly and without authority and with intent to commit a theft from such machine, opens, breaks into, tampers with, or damages a coin operated machine.

    As used hereinabove, the term "coin operated machine" shall include any automatic vending machine or any part thereof, parking meter, coin telephone, coin laundry machine, coin dry cleaning machine, amusement machine, music machine, vending machine dispensing goods or services, money changer.


(D) It shall be prima facie evidence that a person "knowingly obtains or exerts unauthorized control over property of the owner" when a lessee of the personal property of another fails to return it to the owner within thirty (30) days after written demand from the owner for its return. A notice in writing, given after the expiration of the leasing agreement, addressed and mailed, by registered mail, to the lessee at the address given by him and shown on the leasing agreement shall constitute proper demand.


(E) It is no defense to a charge of theft of property that the offender has an interest therein, when the owner also has an interest to which the offender is not entitled. (Ord. 2001-3321, 7-2-2001)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=8785#s67031
9-4-31: LASER POINTERS:linklink


(A) Definitions: When used in this section, the following words and terms shall have the meanings ascribed herein:

     LASER POINTER: Any device that emits light amplified by the stimulated emission of radiation or other energy that is visible to the human eye.

    PERSON: Any natural person, corporation, partnership, firm, organization or other legal entity.

    PUBLIC PLACE: Any place to which the public or a substantial group of persons has access, including, but not limited to, any street, highway, sidewalk, right of way, parking lot, plaza, place of amusement, park, playground, restaurant and any hallway, lobby and other portion of an apartment, condominium, townhouse, or hotel building or complex not constituting a room or dwelling designated for actual residence.

    SCHOOL PREMISES: Any building, grounds, or facilities, or any portion thereof, owned, occupied by, or under the custody or control of public or private institutions for the primary purpose of providing educational or recreational instructionto students, and any vehicles owned, operated or leased by or on behalf of such institutions that are used to transport such students or the personnel of such institutions.


(B) Prohibited Acts:

1. It shall be unlawful for any person to give, sell or offer to give or sell a laser pointer to any person under the age of eighteen (18) years.

2. It shall be unlawful for any person under the age of eighteen (18) years to purchase a laser pointer.

3. It shall be unlawful for any person under the age of eighteen (18) years to possess a laser pointer while upon school premises; provided, however, that nothing in this section shall preclude the temporary transfer on school premises of a laser pointer to, or possession of a laser pointer on school premises by, a person under the age of eighteen (18) years for a valid instructional, school related or employment purpose, where such laser pointer is provided by the school and used under the supervision of a school staff person, other authorized instructor, employee or employer's agent.

4. It shall be unlawful for any person under the age of eighteen (18) years to possess a laser pointer in any public place; provided, however, that nothing in this section shall preclude the temporary transfer in a public place of a laser pointer from an employer to, or possession in a public place of an employer's laser pointer by, a person under the age of eighteen (18) years, during such person's hours of employment, for a valid employment purpose, where such employer's laser pointer is used under the supervision of the employer or employer's agent.

5. It shall be unlawful for any person to direct light from a laser pointer so as to cause a laser beam, sight or "dot" to be placed upon any person, building, vehicle, or other object.


(C) Parental Responsibility: It shall be unlawful for any parent or legal guardian to knowingly suffer or permit any child, of which he or she may be the parent or legal guardian, to violate any provision of this section.


(D) Exemptions: The following persons are exempt from the provisions of this section:

1. Persons eighteen (18) years of age and older who use such laser pointers to conduct educational or instructional presentations.

2. Survey, construction, and medical workers eighteen (18) years of age and older who require such laser pointers to perform their job tasks.

3. Law enforcement officers who may use laser sighting devices and laser equipped firearms in the performance of their duties.


(E) Penalty: Any person who violates any provision of this section shall, upon conviction, be fined as established by the annual fee ordinance. (Ord. 2001-3321, 7-2-2001)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=8785#s67032


Footnotes - Click any footnote link to go back to its reference.
Footnote 1: See title 4, chapter 4 of this code for the sign code.
Footnote 2: See also title 8, chapter 4 of this code.
Footnote 3: See title 8, chapter 2 of this code relating to garbage and rubbish collections.