ARTICLE IV. OFFENSES INVOLVING HEALTH, SAFETY AND CHILDREN
(A) It shall be unlawful to build or light any bonfire so close to any building or other structure as to endanger such building or structure or upon any asphalt street or sidewalk pavement.
(B) It shall be unlawful to burn papers, excelsior or other material within the village which may be blown about by the wind, unless the same is burned in a stove, fireplace or furnace, or an incinerator with a trap sufficiently fine to prevent the escape of fly ash or ignited particles.
(C) It shall be unlawful to burn grass or leaves at any time except between the hours of seven o'clock (7:00) A.M. and eight o'clock (8:00) P.M. (1971 Code)
(D) Violation of any provision of this section shall be punishable by a fine as established in section 1-4-1 of this code. (Ord. 817, 5-14-2007)
(A) It shall be unlawful for any person to create or maintain anywhere within the village any "nuisance" as declared or defined in chapter 3 of this title, or to permit or direct another to do the same.
(B) Notice of such nuisance and violation thereof shall be given to the person responsible or his agent, and to the proper village official whose duties include the abatement of such nuisances. (1971 Code)
(C) Violation of any provision of this section shall be punishable by a fine as established in section 1-4-1 of this code. (Ord. 817, 5-14-2007)
(A) Blowing Horns: The sounding of any horn or signal device on any automobile, motorcycle or bus so as to create any unreasonably loud or harsh sound; and the sounding of such device for unnecessary and unreasonable period of time.
(B) Radios, Phonographs, Etc.: The playing of any radio, phonograph or musical instrument with such volume as to unreasonably annoy or disturb the quiet, comfort or repose of persons in any office, hospital, dwelling, hotel or other such building.
(C) Yelling, Shouting, Hooting, Etc.: Yelling, shouting, whistling or singing so as to unreasonably annoy or disturb the quiet, comfort or repose of any person in the vicinity.
(D) Pets: The keeping of any animal, bird or fowl which by causing frequent or long continued noises, shall disturb the comfort or repose of any person in the vicinity.
(E) Blowing Whistles: The blowing of any steam whistle attached to any stationary boiler, other than to give notice of the time to begin or stop work or as a warning of fire or danger or upon request of proper village authorities.
(F) Exhaust Discharge: The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle or motorboat engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
(G) Building Operations: The erection (including excavation), demolition, alteration or repairs of any building or the excavation of streets or public places in any residential area, other than between the hours of seven o'clock (7:00) A.M. and six o'clock (6:00) P.M. Monday through Saturday, except in case of urgent necessity in the interest of public health and safety and then only with a written permit from a city official.
(H) Noises Near Schools, Hospitals, Churches, Etc.: The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same are in session, or adjacent to any hospital which unreasonably interferes with the workings or sessions thereof.
(I) Noises To Attract Attention: The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale or display of merchandise.
(J) Loudspeakers Or Amplifiers: The unreasonable use of any amplifiers or loudspeakers in the course of any public address. (Ord. 353, 8-10-1981)
(K) Violation: Violation of any provision of this section shall be punishable by a fine as established in section 1-4-1 of this code. (Ord. 817, 5-14-2007)
(A) Prohibitions: It shall be unlawful for any person to throw, drop, pour, deposit or discharge upon the person or the property of another, any liquid, gaseous or solid substance which is injurious to person or property or which is nauseous, sickening, irritating or offensive to any of the senses, with the intent to unlawfully injure, molest, discomfort or discommode another in the use, management, conduct or control of his personal property. No person shall attempt, or aid in the attempt or commission of, any act prohibited herein.
(B) Accepted Uses: The prohibitions of subsection (A) of this section shall not apply to police officers acting in line of duty or to proprietors of business premises or to their employees using such substances for the protection of such business premises when the substances referred to herein are kept solely for the purposes of repelling robbers, thieves, burglars or other such persons violating the law. (1971 Code)
(A) Definition: As used in this section, the term "fireworks" shall be defined as follows: Any explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a viable or audible effect of a temporary exhibitional nature by explosion, combustion, deflagration or detonation, and shall include toy cannons, in which explosives are used, firecrackers, torpedoes, skyrockets, Roman candles, bombs, or other fireworks of like construction and any fireworks containing any explosive compound, or any tablets or other device containing any explosive substance, or containing combustible substances producing visual effects; provided, however, that the term "fireworks" shall not include snake or glowworm pellets; smoke devices; trick noisemakers known as "party poppers", "boobytraps", "snappers", "trick matches", "cigarette loads" and "auto burglar alarms"; sparklers; toy pistols, toy canes, toy guns, or other devices in which paper or plastic caps containing twenty five hundredths (0.25) grain or less of explosive compound are used, providing they are so constructed that the hand cannot come in contact with the cap when in place for the explosion; and toy pistol paper or plastic caps which contain less than twenty hundredths (0.20) grain of explosive mixture; the sale and use of which shall be permitted at all times.
(B) Permits:
1. Except as hereinafter provided, it shall be unlawful for any person to knowingly possess, offer for sale, expose for sale, sell at retail, or use or explode any fireworks. Every such display shall be handled by a competent individual and shall be of such a character and so located, discharged or fired as not to be hazardous to property or endanger any person or persons. Application for permits shall be made in writing at least fifteen (15) days in advance of the date of the sale, use or display and action shall be taken on such application within forty eight (48) hours after such application is made. After such privilege shall have been granted, sales, possession, use and distribution of fireworks shall be lawful for that purpose only. No permit granted hereunder shall be transferable. No permit shall be required, under the provisions of this section, for supervised public displays by state, county, village or fair associations.
2. A bond is required from the licensee in a sum not less than one thousand dollars ($1,000.00) conditioned on compliance with the provisions of this section and the regulations of the state fire marshal.
3. A permit shall be issued only after payment of the permit fee and inspection of the sale or display site by the village police chief, or his designee, to determine that such site shall not be hazardous to property or endanger any person or persons. Forms for such application, bond and permit may be obtained from the office of the village clerk.
4. The fee for a permit issued pursuant to this section is two thousand dollars ($2,000.00).
5. The term for any permit issued pursuant to this section shall be from June 15 to July 15 of the given year.
6. The application for permit shall contain the following information:
(a) Exact location of proposed sale or display;
(b) Exact location of where the fireworks are to be stored prior to sale or display;
(c) The name and address of the dealer from whom the fireworks shall be purchased;
(d) The quantity and type of fireworks to be sold or displayed (gross weight or by type and number);
(e) The method by which the fireworks will be transported to the sale or to the display site;
(f) The name, address and telephone number of the person(s) responsible for the sale or display;
(g) The name, address and telephone number of the official monitor of the display;
(h) Whether the person in actual charge of the display is able bodied, over twenty one (21) years of age, and capable of reading, writing and understanding the English language;
(i) A statement that the applicant has received all necessary federal permits;
(j) The names, addresses, telephone numbers and ages of the display installation and ignition personnel;
(k) A statement whether police and fire personnel and equipment and a first aid station, will be on hand at each display in the event of an accident.
(C) Searches And Seizures; Forfeiture; Destruction: Whenever any village officer or a member of the board of trustees has reason to believe that any violation of this section has occurred within the jurisdiction within such official is authorized to act and that the person so violating this section has in his possession fireworks or combustibles, such official may file a complaint in writing, verified by affidavit, with any circuit court within whose jurisdiction the premises to be searched are situated, stating the facts upon which such belief is founded, the premises to be searched, and the property to be seized, and procure a search warrant and execute the same. Upon the execution of such search warrant, the person executing the same shall make due return thereof to the court issuing the same, together with an inventory of the property taken thereunder. The court shall thereupon issue process against the owner of such property if he be known, otherwise against the party in whose possession the property so taken was found, if known. In case of inability to serve such process upon the owner or the person in possession of the property at the time of its seizure, as hereinbefore provided, notice of the proceedings before the court shall be given as required by the statutes of the state governing cases of attachment. Upon the return of the process duly served or upon the posting or publishing of notice made, as hereinabove provided, the court shall proceed to determine whether or not such property so seized was held or possessed in violation of this section. In case of a finding that the fireworks or combustibles seized were possessed in violation of this section, judgment shall be entered confiscating and forfeiting the property and ordering its destruction. (Ord. 746, 5-27-2003)
(D) Violations: Any person violating the provisions of this section shall be subject to a fine as established in section 1-4-1 of this code. (Ord. 746, 5-27-2003; amd. Ord. 817, 5-14-2007)
(A) It shall be unlawful for any minor person under the age of eighteen (18) years 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 twenty one (21) years of age approved by a parent or legal guardian, or unless engaged in a business or occupation which the laws of this state authorize a person of less than eighteen (18) years of age to perform:
1. Between eleven o'clock (11:00) P.M. on Sunday through Thursday, inclusive, and six o'clock (6:00) A.M. on the following days;
2. Between one minute after twelve o'clock (12:01) A.M. and six o'clock (6:00) A.M. on Saturday and Sunday.
(B) It shall be unlawful for any person to knowingly permit a person in his custody or control to violate subsection (A) of this section. (1971 Code)
(C) A person convicted of a violation of any of the provisions of this section shall be fined as established in section 1-4-1 of this code. (1971 Code; amd. Ord. 817, 5-14-2007)
(A) It shall be unlawful for any person, after purchasing or otherwise obtaining alcoholic liquor, to sell, give or deliver such alcoholic liquor to another person under the age of twenty one (21) years, except in the performance of a religious ceremony or service. (1971 Code)
(B) A violation of this section shall be punishable by a fine as established in section 1-4-1 of this code. (1971 Code; amd. Ord. 817, 5-14-2007)
(A) It shall be unlawful for any person to whom the sale, gift or delivery of alcoholic liquor is prohibited by this chapter to purchase or accept a gift of alcoholic liquor or to have alcoholic liquor in his possession. (1971 Code)
(B) A violation of this section shall be punishable by a fine as established in section 1-4-1 of this code. (1971 Code; amd. Ord. 817, 5-14-2007)
(C) The presence in a vehicle other than a public omnibus of any alcoholic liquor shall be prima facie evidence that it is in the possession of, and is being carried by, all persons occupying such vehicle at the time at which such alcoholic liquor is found, except under the following circumstances:
1. If such liquor is found on the person of one of the occupants therein; or
2. If such vehicle contains at least one occupant over twenty one (21) years of age. (1971 Code)
(A) It shall be unlawful for any person under twenty one (21) years of age to consume alcoholic liquor. (1971 Code)
(B) A violation of this section shall be punishable by a fine as established in section 1-4-1 of this code. (1971 Code; amd. Ord. 817, 5-14-2007)
(A) It shall be unlawful for any person to display an identification card that:
1. Is altered or defaced in any manner, or
2. Is false or forged, or
3. Is the identification card of another, or
4. Was obtained by means of false information
to induce another to sell, give or deliver alcoholic liquor to the bearer.
(B) For the purposes of this section, an "identification card" is defined as any document issued by a public officer in the performance of his official duties which on its face purports to identify the name and age of the bearer.
(C) A violation of this section shall be punishable by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00). (1971 Code)
(A) It shall be unlawful for any person to sell to any minor person any firearm, bludgeon, blackjack, slingshot, sand club, sandbag, metal knuckles, dagger, dirk, billy, dangerous knife, stiletto or any knife commonly referred to as a switchblade, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife.
(B) It shall be unlawful for any person to sell, lend, rent, give or otherwise transfer any "air rifle" to a person under thirteen (13) years of age except where the relationship of parent-child, guardian-ward, or adult instructor-pupil exists between such person and the person under thirteen (13) years of age.
(C) It shall be an affirmative defense for any person having sold such weapon that:
1. The minor procured the sale by use of false or forged identification cards; and
2. He did not know, and could not reasonably have known, of the falsity or forgery; and
3. He exercised reasonable diligence to determine the veracity of the representation.
(D) A violation of this section shall be punishable by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00). (1971 Code)
(A) It shall be unlawful for any person to sniff, inhale or breathe the vapors of any glue, kerosene, gasoline, cleaning fluid or other substance not manufactured or produced for such human consumption for the purpose of becoming intoxicated.
(B) It shall be unlawful for any person to command, encourage, request, aid or abet any other person to violate the provisions of subsection (A) of this section.
(C) A violation of this section shall be punishable by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00); a second or subsequent violation of this section by the same person shall be punishable by a fine of not less than two hundred fifty dollars ($250.00) nor more than five hundred dollars ($500.00). (1971 Code)
(A) Definition: As used in this section, "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, any other compound, manufacture, salt, derivative, mixture or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of such plant which is incapable of germination.
(B) Possession: It shall be unlawful for any person knowingly to possess cannabis. (Ord. 298, 3-13-1978)
(C) Penalty: Any person convicted of possessing less than ten grams (10 g) of cannabis shall be punished by a fine as established in section 1-4-1 of this code. Any person convicted of possessing at least ten grams (10 g) but less than thirty grams (30 g) of cannabis shall be punished by a fine of not less than three hundred dollars ($300.00) nor more than five hundred dollars ($500.00). Any person convicted of possessing thirty grams (30 g) or more of cannabis shall be punished by a fine of five hundred dollars ($500.00). (Ord. 374, 7-12-1982; amd. Ord. 817, 5-14-2007)
(A) Definitions: For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
CANNABIS: Shall have the meaning ascribed to it in section 3 of the "cannabis control act"2, as if that definition were incorporated herein.
CONTROLLED SUBSTANCE: Shall have the meaning ascribed to it in section 102 of the "Illinois controlled substances act"3, as if that definition were incorporated herein.
DELIVER OR DELIVERY: The actual constructive or attempted transfer of possession, with or without consideration, whether or not there is an agency relationship.
DRUG PARAPHERNALIA: All equipment, products and materials of any kind which are peculiar to and/or used in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, injecting, ingesting, inhaling or otherwise introducing into the human body cannabis or a controlled substance in violation of the "cannabis control act"4, or the "Illinois controlled substances act"5. It includes, but is not limited to:
Diluents and adulterants peculiar to and/or used for cutting cannabis or a controlled substance by private persons.
Isomerization devices peculiar to and/or used in increasing the potency of any species of plant which is cannabis or a controlled substance.
Kits peculiar to and/or used in manufacturing, compounding, converting, producing, processing or preparing cannabis or a controlled substance.
Objects peculiar to and/or used for ingesting, inhaling or otherwise introducing cannabis, cocaine, hashish, or hashish oil into the human body, including, but not limited to, the following items:
Air driven pipes.
Bongs.
Carburation tubes and devices.
Carburetor pipes.
Chillums.
Dug-out.
Electric pipes.
Ice pipes or chillers.
Metal bats-pipes.
Miniature cocaine spoons and cocaine vials.
Screens.
Smoking and carburation masks.
Snuff dispensers.
Water pipes.
Any item whose purpose or use is in violation of this section.
Testing equipment peculiar to and/or used for private home use in identifying or in analyzing the strength, effectiveness or purity of cannabis or controlled substances.
(B) Possession Of Drug Paraphernalia:
1. A person who possesses an item of drug paraphernalia is guilty of an ordinance violation for which the court shall impose a fine of not less than five hundred dollars ($500.00) nor more than seven hundred fifty dollars ($750.00).
2. In determining whether an item is drug paraphernalia, the trier of fact may take into consideration the proximity of the cannabis or controlled substance to drug paraphernalia or the presence of cannabis or a controlled substance on the drug paraphernalia. (Ord. 728, 9-23-2002)