CHAPTER
22
MISCELLANEOUS
OFFENSES AND PROVISIONS
Art. I In General, Secs. 22‑1 ‑
22‑40
Art. II Offenses Against
Public Decency, Secs. 22‑41 ‑ 22‑69
Div. 1. Generally, Secs. 22‑41 ‑
22‑52
Div. 2. Obscenity, Secs. 22‑53 ‑
22‑69
Art. III Drug Paraphernalia, Secs. 22‑70 ‑ 22‑73
Art. IV Solicitation of Drugs and/or
prostitution.
ARTICLE
I. IN GENERAL
Sec. 22‑01 Resisting or obstructing peace officers; enforcement of Code.
(a) It shall be unlawful for any person to
knowingly resist or obstruct the performance of one known to the person to be a
peace officer of any authorized act within his official capacity.
(b) No person shall obstruct or impede the
enforcement of this Code. (Code 1965, Sec. 51.34)
State law reference -
Similar provisions, Ill. Rev. Stat. Ch. 38, Sec. 31-1.
Sec. 22-02. Refusing to aid an officer.
It shall be unlawful for any person, upon
command to refuse or knowingly fail to reasonably aid a person known by him to
be a peace officer in:
(1) Apprehending a person whom the officer
is authorized to apprehend; or
(2) Preventing the commission by another of
any offense. State law reference ‑ Similar provisions,
Ill. Rev. Stat. Ch. 38. Sec. 31‑8.
Sec. 22‑03. Aiding prisoner to escape.
(a) It shall be unlawful for any person, with
intent to aid any prisoner in escaping from any penal institution, to convey
into the institution or transfer to the prisoner anything for use in escaping.
(b) It shall be unlawful for any person to
knowingly aid a person convicted of a crime or charged with the commission of a
crime in escaping from any penal institution or from the custody of any
employee of that institution.
(c) It shall be unlawful for any person to
knowingly aid a person in escaping from any public institution other than a
penal institution, in which he is lawfully detained, or from the custody of an
employee of that institution.
(d) It shall be unlawful for any person to
knowingly aid a person in the lawful custody of a peace officer in escaping
from custody.
(e) It shall be unlawful for any officer or
employee of any penal institution to recklessly permit any prisoner in his
custody to escape.
State law reference -
Similar provision, Ill. Rev. Ch. 38, Sec. 31-7.
Sec. 22‑04. Impersonating an officer.
No person shall falsely represent any
member of the Police Department or shall maliciously, or with intent to
deceive, use or imitate any sign, signal or device used by the department, or,
not being a Police Officer, shall wear in public the police uniform. (Code
1965, Sec. 7.12)
Sec. 22‑05. Assault.
It shall be unlawful for any person to
commit assault. A person commits assault when, without lawful authority, he
engages in conduct which places another in reasonable apprehension of receiving
a battery. (Ord. of 10-16‑67, Sec. 1)
State law reference -
Similar provision, Ill. Rev. Stat. Ch. 38, Sec. 12‑1.
Sec. 22‑06.
It shall be unlawful for any person to
commit a battery. A person commits a
battery when he intentionally or knowingly without legal justification and by
any means causes bodily harm to an individual or makes physical contact of an
insulting or provoking nature with an individual. (Ord.
of 10‑16‑67, Sec. 1)
State law reference ‑
Similiar provision, Ill. Rev. Stat. Ch. 38, Sec. 12‑3.
Sec. 22‑07. Unlawful
assembly
Two (2) or more persons shall not
assemble together for any unlawful purpose, or being assembled, shall not act
in concert to do an unlawful act, with force and violence, against the property
of the City, or the person or property of another, or against the peace or to
the terror of citizens or other persons, or make any movement or preparation therefor. Violators of this section shall be severally
subject to the penalty provided for violation of this Code after being
requested by any police or other City Officer to disperse and failing to do so.
(Code 1965, Sec. 51.04)
State law reference‑‑
Authority of municipalities to suppress disorderly assemblies, Ill. Rev. Stat.
Ch. 24, Sec. 11‑52; unlawful assembly, Ch. 129, Sec. 268.
Sec. 22‑08. Disturbing the peace.
No person shall disturb the peace of the
City, or any private party or any person therein by any act done in such
unreasonable manner as to alarm or disturb another and to provoke a breach of
the peace. (Ord. of 10‑16‑67, Sec.1)
State law reference‑‑Authority
of municipalities to prevent or suppress disturbances, Ill. Rev. Stat. Ch. 24,
Sec. 11‑5‑2.
Sec. 22‑09. Threats, profane and obscene language.
No person shall, within the City,
challenge another to fight, or shall threaten or traduce another, or shall use
any profane, obscene or offensive language, or indulge in any conduct toward
another tending to provoke a disturbance or breach of the peace. (Code 1965. Sec.51‑03)
Sec. 22‑10. Permitting disorderly conduct on premises.
No person shall knowingly suffer or
permit any assemblage for the purpose of committing any unlawful act or breach
of the peace, or any riotous, offensive or disorderly conduct in or upon any
premises owned or occupied by him or under his control. (Code 1965, Sec. 51.05)
State law references ‑
authority of municipalities to prevent disorderly conduct,
Sec. 22‑11. Disturbing religious worship.
No person shall interrupt or disturb any
congregation or assembly met for the purpose of religious worship, or for any
lawful purpose, by making any loud or unusual noise, or by rude and indecent
behavior, or by obscene or improper discourse or conduct. (Code 1965, Sec.
51.06)
Sec. 22‑12. Disturbing funeral.
No person shall willfully interrupt or
disturb any funeral procession or assembly. (Code 1965, Sec. 51.07)
Cross references ‑ Permit for
funerals, Sec. 29‑3; driving through funeral processions, Sec. 32‑19.
Sec. 22‑13. Throwing of stones.
No person shall purposely or heedlessly
cast or throw any stone, or other missile from or into any public place, or at
any house, vehicle, other property or person. (Code 1965, Sec. 51.09)
Sec. 22‑14. Carrying, concealing or flourishing weapons.
No person shall carry, wear or carry
concealed about his person, any pistol, revolver, metallic knuckles, bowie
knife, dirk, or other dangerous or deadly weapon nor shall he display or
flourish any such weapon in a boisterous or threatening manner. This section
shall not be held to apply to any policeman, constable or other peace officer,
while in the discharge of his duty, nor to any person summoned by such officer
to aid him in the making of an arrest in preserving the peace. (Code 1965, Sec.
51.11)
State law references ‑ Deadly
weapons, Ill. Rev. Stat. Ch. 38, Sec. 24‑1 et seq.; firearms and
ammunition, Ch. 38, Sec. 83‑1 et seq.
Sec. 22‑15.
Dangerous weapons prohibited.
No person shall carry, possess or sell,
loan or give to any person, any blackjack, sling shot, metal knuckles, bludgeon
or knife which has a blade which opens automatically by hand pressure applied
to a button, spring or other device in the handle of the knife, commonly
referred to as a switchblade knife, or carry or possess, with intent to use the
same unlawfully against another, a dagger, dirk, billy,
any dangerous knife, razor, stiletto or other dangerous or deadly weapon or
instrument of like character. (Code 1965, Sec. 51.12)
Sec. 22‑15.1.
(a) No person shall display, market for sale,
or sell any replica or facsimile of a firearm in the City. The decisions of
this subsection shall not apply to any replica or facsimile firearm which,
because of its distinct color, exaggerated size, or other design feature,
cannot reasonably be perceived to be a real firearm.
(b) Except in self defense, no person shall
draw, exhibit, or brandish a replica or facsimile of a firearm or simulate a
firearm in a rude, angry, or threatening manner, with the intent to frighten,
vex, harass, or annoy any other person.
(c) No person shall draw, exhibit, or
brandish a replica or facsimile of a firearm or simulate a firearm in the
presence of a peace officer, firefighter, emergency medical technician, or
paramedic engaged in the performance of his or her duties, and the person
committing such brandishing knows or has reason to know that such persons
aforementioned are engaged in the performance of their duties.
Sec. 22‑15.2. Definitions concerning firearms.
(a) "Firearm" shall have
the same meaning as the term "firearm" within Chapter 38, Paragraph
83‑1.1 of the 1985 Illinois Revised Statutes.
(b) "Replica or facsimile of a
firearm" shall mean any device or object made of plastic, wood, metal,
or any other material which is a replica, facsimile, or any version of, or is
otherwise recognizable as a pistol, revolver, shotgun, sawed‑off shot
gun, rifle, machine gun, rocket launcher, or any other firearm. As used in this
section "replica or facsimile of a firearm" shall include, but is not
limited to, toy guns, movie props, hobby models (either in kit form or fully
assembled), starter pistols, air guns, inoperative firearms, or any other
device which might reasonably be perceived to be a real firearm. (Ord. No. 88‑3, Sec. 1‑2, 2‑16‑88).
Sec. 22‑16. Drunkenness.
No person shall be in a state of
intoxication or drunkenness in any street, sidewalk or other public place, or
place open to public view, or in any private house or place, to the annoyance
of any person. (Code 1965, Sec.51.13)
State law reference ‑
Authority of municipalities to prevent intoxication, Ill. Rev. Stat. Ch. 24,
Sec. 11‑5‑3.
Sec. 22‑16.1. Driving under influence of intoxicating liquor or narcotic drug.
(a) No person who is under the influence of
intoxicating liquor may drive or be in actual physical control of any vehicle
within this City.
(b) No person who is an
habitual user of any narcotic drug or who is under the influence of any other
drug to a degree which renders him incapable of safely driving a vehicle may
drive or be in actual physical control of any vehicle within this City. The
fact that a person charged with a violation of this subsection (b) is or has
been entitled to use such drug under the law of this state does not constitute
a defense against any charge of violation of this subsection (b).
(c) Upon the trial of any action or
proceeding arising out of the acts alleged to have been committed by any person
while driving or in actual physical control of a vehicle while under the
influence of intoxicating liquor, evidence of the amount of alcohol in the
person's blood at the time of the act alleged as shown by a chemical analysis
of his breath, blood, urine, saliva or other bodily substance is admissible, as
provided hereinafter in this subsection (c) and the result of any such analysis
shall give rise to the following presumptions:
(1)
If there was at the time of such
analysis five one hundredths (0.05) per cent or less by weight of alcohol in
the person's blood, it shall be presumed that the person was not under the influence
of intoxicating liquor;
(2)
If there was at the time of such
analysis in excess of five one‑hundredths (0.05) per cent but less than
ten one‑hundredths (0.10) per cent by weight of alcohol in the person's
blood, such fact shall not give rise to any presumption that the person was or
was not under the influence of intoxicating liquor, but such fact may be
considered with other competent evidence in determining whether such person was
under the influence of intoxicating liquor;
(3)
If there was at the time of such
analysis ten one hundredths (0.10) percent* or more by weight of alcohol in the
person's blood, it shall be presumed that the person was under the influence of
intoxicating liquor.
*Percent by weight of alcohol in the
blood shall be based upon grams of alcohol per one hundred (100) cubic
centimeters of blood. Evidence based upon a chemical analysis of blood, urine,
breath, saliva, or other bodily substance shall not be admitted unless such
substance was procured and such analysis made with the consent of the person as
provided in this section, whose bodily substance was so analyzed.
The foregoing provisions of this
subsection (c) shall not be construed as limiting the introduction of any other
component evidence bearing upon the question whether or not the defendant was
under the influence of intoxicating liquor.
(d) Chemical analysis of the person's blood
or breath to be considered valid under this section must be performed according
to uniform standards adopted by the state department of public health, in
cooperation with the superintendent of state police, and by an individual
possessing a valid permit issued by that department for this purpose.
(e) When an unconscious person or person
otherwise incapable of refusal is given a blood test at the request of a law
enforcement officer under the provisions of this section only a physician
authorized to practice medicine in all its branches, a registered nurse or
other qualified person may withdraw blood, in a manner prescribed by the
department of public health for the purpose of determining the alcoholic
content therein.
(f) The
person tested may have a physician authorized to practice medicine in all its
branches, a qualified technician, chemist, registered nurse or other qualified
person of his own choosing, to administer a chemical test or tests, at his own
expense, in addition to any administered at the direction of a law enforcement
officer. The failure or inability to obtain an additional test by a person does
not preclude the admission of evidence relating to the test or tests taken at
the direction of a law enforcement officer.
(g) Upon the request of the person who
submitted to a chemical test or tests at the request of a law enforcement officer,
full information concerning the test or tests must be made available to him or
his attorney.
(h) Evidence of a refusal to submit to a
chemical test is inadmissible in any civil action or proceeding, or in any
action brought against him for a violation of this section. However, nothing in
this paragraph (h) shall prevent the admission of evidence of such refusal in a
hearing on the admission of evidence of such refusal in a hearing on the
suspension of a person's privilege to operate a motor vehicle under Section
11-501.1 of the Illinois Motor Vehicle Code.
(i) Every
person who is convicted of a violation of this section shall be guilty of a
misdemeanor as defined in Section 1-14 of this Code. (Ord.
No. 76‑39, Sec. 1, 7‑20‑76)
Sec. 22‑17. Regulation of sale and use of model glue; inhalation of fumes prohibited; penalties.
(a) As used in this section, the term
"model glue" shall mean any glue or cement of the type commonly used
in the building of model airplanes, boats and automobiles, containing toluene,
acetone, or other solvent or chemical having the property of releasing toxic
vapors.
(b) No person shall, for the purpose of
causing a condition of intoxication, euphoria, excitement, exhilaration,
stupefaction, or dulling of the senses or nervous system, intentionally smell
or inhale the fumes from any model glue; provided, however, that this
subsection shall not apply to the inhalation of any anesthesia for medical or
dental purposes.
(c) No person shall for the purpose of
violating or aiding another to violate any provision of this section,
intentionally possess, buy, sell, transfer possession, or receive possession of
any model glue.
(d) Except as provided in this subsection and
subsection (e), no person under sixteen (16) years of age shall possess or buy
any model glue. Except as provided in
this subsection and subsection (e), no person shall sell or transfer possession
of any model glue to another person under sixteen (16) years of age; provided,
however, a person may sell or transfer possession of model glue to a person
under sixteen (16) years of age for model building or other lawful use where
such minor has in his possession and exhibits the written consent of his parent
or guardian.
(e) A person making a sale or transfer of
possession of model glue to a person under sixteen (16) years of age who
exhibits the written consent of his parent or guardian, shall record the name,
address, sex and age of the minor and the name and address of the consenting
parent or guardian. All data required by this subsection shall be kept in a
permanent type register available for inspection by the Chief of Police for
period of at least six (6) months.
(f) Any person other than a minor violating
any of the provisions of this section shall be deemed guilty of an offense and
upon conviction thereof shall be fined as provided in the general penalty in
section 1‑18. Any minor violating any of the provisions of this section
shall be dealt with in accordance with the applicable
State law reference ‑ Juvenile
courts, Ill. Rev. Stat. Ch. 37, Sec. 701‑1 et seq.; intoxicating
compounds, Ch. 38, Sec. 81‑1 et seq.
Sec. 22-17.1 City of
The City of
Each employee engaged in the performance
of a federal contract or grant work must have a copy of the employer's
statement and must agree as a condition of employment to abide by its terms and
notify the employer of any criminal drug statute conviction for a violation
occurring in the work place no later than 5 days after such conviction. The
City shall notify the contracting or granting agency of such a conviction
within 10 days after receiving notice of conviction.
The City of
The City of
(1) An Employee Assistance Program.
(2) Training of supervisors to identify and
address illegal drug use in the work place.
(3) A procedure for self‑referral to
drug rehabilitation programs with maximum confidentiality.
(4) A Drug‑Free Awareness Program to
inform employees of the danger of drug abuse in the work place, the City's
policy of maintaining a drug‑free work environment, and the availability
of drug counseling, rehabilitation and employee assistance programs.
Use of controlled substances in the work
place and/or being under the influence of such substances in the work place may
result in immediate termination. Where appropriate, the City may require
employees who have used controlled substances in the work place and/or are
under the influence of such a substance and/or are convicted of violations of
criminal drug statutes in the work place to satisfactorily participate in a drug abuse assistance or rehabilitation program, or face
sanctions up to and including termination. (Ord. No.
89‑5, Sec. 1‑5, 3‑6‑89)
It shall be unlawful for any person to
loiter in a public place in a manner and under circumstances manifesting the
purpose of illegally using, possessing, transferring or selling any controlled
substance as that term is defined in the Illinois Revised Statutes, 1989,
Chapter 56 1/2, Section 1201 et seq., as now enacted or hereafter amended or
transferred. Among the circumstances
which may be considered in determining whether such a purpose is manifested
are:
(1) The person is a known illegal user,
possessor or seller of controlled substances, or the person is at a location
frequented by persons who illegally use, possess, transfer or sell controlled
substances; and,
(2) The person repeatedly beckons to, stops,
attempts to stop or engage in conversation with passersby, whether such
passersby are on foot or in a motor vehicle, for the purpose of inducing,
enticing, soliciting or procuring another to illegally possess, transfer, or
buy any controlled substances; or,
(3) The person repeatedly passes to or receives
from passersby, whether such passersby are on foot or in a motor vehicle,
money, objects or written material for the purpose of inducing, enticing,
soliciting or procuring another to illegally possess, transfer, or buy any
controlled substances; or,
In order for there to be a violation of
subsection (a), the person's affirmative language or conduct must be such as to
demonstrate by its express or implied content or appearance a specific intent
to induce, entice, solicit or procure another to illegally possess, transfer or
buy a controlled substance.
No arrest shall be made for a violation
of subsection (a) unless the arresting officer first affords the person an
opportunity to explain his conduct, and no one shall be convicted of violating
subsection (a) if it appears at trial that the explanation given was true and
disclosed a lawful purpose.
For the purpose of this section, a
"known illegal user, possessor or seller of controlled substances" is
a person who, within one (1) year previous to the date of arrest for violation
of this section, has within the knowledge of the arresting officer been
convicted of illegally manufacturing, using, possessing, selling, purchasing or
delivering any controlled substance.
Any person who violates any provision of
this Ordinance shall upon conviction be fined not more than $500.00. (Ord. No. 90-50, Sec. 1,
Sec. 22‑18. Vagrancy.
Any person able to work and maintain
himself in some lawful calling, not having visible means of support, who shall
live idly without any fixed place of abode, or shall stroll about the streets
begging from house to house, or frequenting drinking places, gaming houses or
bawdy houses, or shall otherwise lead an idle or profligate life; or any person
upon whom shall be found any instrument or device for pigeon dropping, or for
picking locks or pockets, or for the commission of burglary, or other device
used by cheats and swindlers, without being able to give a good account of his
possession of the same; or any person who trespasses upon private premises in
the nighttime, or habitually sleeps in outhouses, stables, lumberyards,
railroad depots or cars; or any prostitute, bawd or lewd woman, or female
inmate of a bawdy house or house of ill‑fame, who shall be wandering
about the streets plying her vocation, or visiting or staying about dram shops
or drinking places; and any habitual night walker, or person loitering or
strolling about the streets of the City at late or unusual hours of the night,
without being able to give a good and satisfactory account for so doing, shall
be deemed a vagrant. No person shall be a vagrant within the City. (Code 1965,
Sec.51‑25)
State law reference‑‑‑Authority
of municipalities to prevent vagrancy, Ill. Rev. Stat. Ch. 24, Sec.
Sec. 22‑19. Loafing or loitering.
No person shall be found loafing or
loitering at the corners of streets, or in the vicinity of any place of
amusement, hotel or other business place or private premises, and shall refuse to
disperse or vacate such place when requested to do so by any person in
possession of any portion of the premises, who is annoyed or aggrieved thereby,
or by any police officer. (Code 1965, Sec. 51‑26)
Sec. 22-20. Fortunetelling.
No person shall seek or receive money or
property from another by means of fortunetelling, palmistry, spirit mediumship, card reading, astrology, or by any other scheme
or fraud. (Code 1965, Sec. 51.28)
Sec. 22‑21. Fraudulent advertising.
No person shall with intent to sell,
dispose of merchandise, securities, service, or anything offered by him,
directly or indirectly, to the public for sale or distribution, or with intent
to increase the consumption thereof, or to induce the public in any manner to
enter into any obligation relating thereto, or to acquire title thereto, or an
interest therein, causes, directly or indirectly to be made, published,
disseminated, circulated, or placed before the public, in this City, in a
newspaper or other publication, or in the form of a book, notice, handbill
poster bill, circular, pamphlet or letter, or in any other way, an
advertisement of any sort regarding merchandise, securities, service, or
anything so offered to the public, which advertisement contains any assertion,
representation or statement of fact which is untrue or deceptive. (Code 1965,
Sec. 51.29)
Cross reference ‑ Advertising
generally, Sec. 3‑1 et seq.
State law reference ‑ Fraudulent
advertising, Ch. 121 1/2, a et seq.
Sec. 22‑22. Swimming
in
No person shall swim or bathe in any part
of the
Sec. 22‑23. Interference with City
Employees.
No person shall hinder or obstruct any
person employed by the City or in any City improvement or public work. (Code
1965, Sec. 51.33)
Sec. 22‑24.1 Truancy Definitions.
As used in this ordinance, unless the
context otherwise requires,
(a) Valid cause for absence shall be illness, observance
of a religious holiday, death in the immediate family, family emergency and
shall include other circumstances beyond the control of the student as
determined by the Board of Education of Kankakee School District 111, or such
other circumstance which cause reasonable concern to the parent for the safety
or health of the student.
(b) Religion shall include all aspects of
religious observance and practice, as well as belief.
Sec. 22-24.2 Truancy Prohibited.
No
child who is subject to requirements of the State of Illinois and Kankakee
School District 111 for compulsory school attendance shall be absent without
valid cause from such attendance for a school day or any portion thereof.
Sec. 22-24.3 Penalty.
Any
violation of this Ordinance shall be punishable by the imposition of a fine of
not less than Fifty and no/100s Dollars ($50.00) and
not more than Five Hundred and no/100s Dollars ($500.00) for each violation
provided, however, that age eligible first offenders shall first be referred to
teen court. For purposes of this
Ordinance, each day of absence or portion thereof shall be construed as a
separate offense. (Ord. 07-72;
Sec. 22‑25. Obstructing water passage in streets, sewers, etc.
No person shall obstruct the passage of
the water of any street, gutter, or public sewer, culvert, water pipe or
hydrant, laid or placed in this City. (Code 1965, Sec. 51.42)
Sec. 22‑26. Destruction or defacing of property generally.
No person shall break, deface, injure or
destroy any public or private property. This shall include marking, scratching,
cutting or otherwise defacing any part of any building or fence. (Code 1965,
Sec. 51.43, 51.48)
Sec. 22‑26.1. Parental responsibility for acts of minors.
(a) Definitions. As used in this section
unless the context otherwise requires, the terms specified have the meanings
ascribed to them:
(1) "Legal guardian, means 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.
(2) "Minor" means a person
who is above the age of eleven (11) years, but not yet eighteen (18) years of
age.
(b) The parent or legal guardian of an unemancipated
minor residing with such parent or legal guardian shall be presumed, in his
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 (1),
(2), and (3) below:
(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 intentional, willful,
malicious, or wanton acts causing injury to a person or property, or shall have
incurred non judicial sanctions from another official agency resulting from an admission
of guilt of violation of any ordinance, law, or statute prohibiting
intentional, willful, 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 City of Kankakee
following said adjudication or non judicial sanction; and
(3)
If at any time within one year
following receipt of the notice set forth in (2) above, said minor is either
adjudicated to be in violation of any ordinance, law or statute as described in
(1) above, or shall have incurred non judicial sanctions from another official
agency resulting from an admission of guilt or violation of any ordinance, law
or statute as described in (1) above.
(c) Any person convicted of any violation or
provisions of this section shall be fined not less than fifty dollars (50.00),
not more than Five Hundred Dollars ($500.00) for each such offense. Said fine
shall be imposed to accordance with Section 36-12 of the Municipal Code as
hereinafter provided. (Ord. No. 76-42, Sec. 1,
Sec. 22‑26‑2. Curfew.
SECTION 1. Definitions
(a) Parent means the natural mother
or father or adopted mother or father of a person
17 years of age or
younger.
(b) Guardian means a person other
than a parent to whom legal custody or
guardianship has been given by court order or who is acting
in the place of the
parent or
who is responsible for the care and welfare of a person 17 years of age or
younger.
(c) Public place means any place to
which the public has access.
(d) Cultural event means live
performance that is devoted to the public exposition
of a work
of art, music or literature including exhibitions, concerts, plays and
other
theatrical performances.
(e) Civic or government events means
an activity sponsored by a governmental body
or organization that is devoted to providing
various public services to its citizens.
(f) Extracurricular school activity
means an event that is outside the regular
curriculum
including athletic, cultural, and other events of official school clubs
and organizations.
(g) Social event means an activity
consisting of a gathering given by an organized
group within the community such as a church, school,
cultural, civic, or
government organization.
(h) Religious organization means a
body of persons adhering to a particular set of
beliefs and practices generally agreed upon a number of
persons or sects.
(i) Medical
or other emergency means an unforeseen combination of circumstances
that call for immediate action, including, but not limited
to, fire, natural disaster,
vehicular accident, or a series condition of a sudden onset.
SECTION 2.
(a) It is unlawful for a person less than 17
years of age to be present at or upon any
public assembly, building, business, street, highway, or
other public place or way
at the following times, unless accompanied and supervised by
a parent, legal
guardian, sibling, stepbrother or stepsister at least 18
years of age, or other
responsible companion at least 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 17 years of age to perform:
(1) For persons under 16 years of age
between
following
day on any day of the week.
(2) For persons 16 but not yet 17 years of
age:
(i) Between
and
(ii) Between
(b) It is unlawful for any parent, legal
guardian, or other person to knowingly permit
a person in his custody or control to violate the provisions
of Section 1 of this
Ordinance.
(c) A person age 17 and under and/or the
parent or guardian of said person shall not
be considered to be in violation of this ordinance if the
person under 17 years of
age fits within one or more of the following exceptions:
(1) He or she is on an errand made necessary
by a medical or other
emergency.
(2) He or she is attending a cultural,
government, extracurricular, school,
social, and/or an event sponsored by a religious
organization, or was
traveling to or from such events.
(3) He or she is engaged in the performance
of a specific errand at the
direction of his or her parent or guardian.
(4) He or she is going to or coming from a
visit with relatives with the specific
permission
or direction of his or her parent or guardian.
(d) A person convicted of a violation of any
provision of this section shall be fined
not less than $50.00 nor more than $500.00, provided
however, that an
age-appropriate first offender may be referred to teen
court.
(Ord. 07-75;
Sec. 22‑27. Injuring or removing vegetation, fences, signs, etc.
No person shall cut, injure, remove or
destroy any fruit or vegetable, ornamental or shade tree, or the boxing around
the same, or any plant, shrub or flower, or any fence, railing, gatepost or
sign or any other thing used for ornament or utility upon any public ground,
sidewalk or private premises. (Code 1965, 51.44)
Sec. 22‑28. Trespassing prohibited.
No person shall enter any private
premises against the consent of the owner or occupant thereof, or trespass on
private premises or public grounds. (Code 1965, Sec. 51.44)
Sec. 22‑29. Hanging, removing, etc., corner stones, stakes, etc.
No person shall change, remove or destroy
any stone, stake or post, set or placed to mark the corner of any lot or parcel
of ground, street or alley, or to show the grade of any street, alley or
sidewalk of the City. (Code 1965, Sec. 51.47)
Sec. 22‑30. False alarms.
(a) Any person who willfully or knowingly
gives or aids or abets in giving any false alarm for fire or for emergency
squad assistance by any means including telephone or public or private fire
alarm system shall be guilty of a misdemeanor.
(b) Any person convicted of violating
subsection (a) of this section shall be punished by fine not to exceed five
hundred dollars ($500.00) or imprisonment in a penal institution other than a
prison for a period not to exceed six (6) months. (Ord.
No. 73‑54, Sec. 1, 9‑4‑73)
State law references - Authority of
municipalities to prevent disorderly conduct, Ill. Rev. Stat., Ch. 24, Sec. 11‑5‑3;
authority of municipalities to punish offenders, Ill. Rev. Stat., Ch. 24, Sec.
1‑2‑1.
Sec. 22‑31. Accepting
wagers or bets on horse races.
(a) Commencing upon the effective date of
this section (November 22, 1976), it shall be unlawful for any person, firm or
corporation to accept any wager or bet on any horse race, which person, firm or
corporation thereafter places said wager or bet at an authorized race track,
irrespective of whether a fee is charged.
(b) Every person found guilty of an offense
under subsection (a) shall be fined no less than five hundred dollars ($500.00)
for each violation and not in excess of one thousand dollars ($1,000.00) for
each violation.
(c) Each wager or bet accepted shall
constitute a separate and distinct violation under subsection (a) of this
section.
(d) Commencing upon the effective date of
this section (November 22, 1976), it shall be unlawful for any person, firm or
corporation which owns, rents or leases property within the City of Kankakee,
to permit the occupation of any said building or premises with knowledge that
wagers or bets are being accepted or are to be accepted thereon.
(e) Every person found guilty of violating
subsection (d) shall be fined no less than five hundred dollars ($500.00) for
each violation and not in excess of one thousand dollars ($1,000.00) for each
violation.
(f) Each day that the building or premises
is occupied by a person, firm or corporation which accepts wagers or bets is a
separate and distinct violation under subsection (d) of this section. (Ord. No. 76‑71, Secs. l ‑
6, 11‑22‑76)
Editor's Note ‑ Section 22‑31
is derived from Ord. No. 76-71, Secs.
1‑6, which ordinance did not expressly amend this Code.
Sec. 22‑32. Glass containers prohibited; enforcement; penalty.
It is hereby illegal to possess
containers of glass or similar material on the
The penalty for violation of this section
shall be a fine of not less than fifty dollars ($50.00) for the first offense,
and seventy five dollars ($75.00) for each subsequent offense, if said fine is
paid within seventy‑two (72) hours of the issuance of the complaint
hereunder. (Ord. No. 84‑23, 8‑6‑84)
Editor's Note‑‑Section 22‑32
is derived from Ord. No. 84‑23,
adopted Aug.6, 1984. This ordinance, non-amendatory of the code, has been codified
herein at the editor's discretion.
Sec. 22‑33 ‑
22‑40. Reserved.
ARTICLE II. OFFENSES AGAINST PUBLIC
DECENCY
DIVISION 1. GENERALLY
*Cross reference‑‑Gambling
and immoral practices on premises licensed for sale of alcoholic beverages
prohibited, Sec. 4‑18.
Sec. 22‑41. Indecent exposure, dress and conduct.
No person shall make any indecent
exposure of his or her person, or shall appear in any public place, or place
exposed to the public view, in a dress not belonging to his or her sex, or in
an indecent or lewd dress, or in a state of nudity, or shall be guilty of any
other indecent or lewd act. (Code 1965, Sec. 51-15)
Sec. 22‑42. Indecent writing, drawings, etc, in public prohibited.
No person shall, in any public place, or
place open to the public view, write or draw, cut or make, any lewd or indecent
word, sentence, design or figure. (Code 1965, Sec.51‑16)
Sec. 22‑43. Gambling house or rooms.
No person shall set up, keep, maintain or
support any gambling house or room, or place used for the practice of gaming or
playing for money or property, or shall knowingly permit any building or
premises owned or controlled by him to be used for any such purpose: or shall
keep or use, or permit to be used, in any building or place occupied, controlled
or owned by such person, any table, wheel, cards, or other instrument or device
commonly used for the purpose of gaming. (Code 1965, Sec.51‑19)
State law reference‑‑Gambling
and related offenses, Ill. Rev. Stat. Ch. 38. 28‑1.
Sec. 22‑44. Inmates of gaming houses.
No person shall be an inmate of any
gaming house or room within the city, or shall be in any way connected
therewith, or shall frequent or visit the same, or be found therein; or shall
play for any money or other valuable thing at any game with cards, dice,
billiards, or any other instrument or device or bet on any such game when
played by others. (Code 1965, Sec. 51‑20)
Sec. 22‑45. Right of entry to gambling house, disorderly house, etc.
No person shall refuse to permit the Mayor,
any Alderman or members of the Police Department to enter any gambling house or
room, disorderly house, or house of ill‑fame within the City. It shall be
lawful for any such officer to enter such place and make arrests as provided by
state law. (Code 1965, Sec. 51.34)
Sec. 22‑46. Prophylactic devices.
No person other than a duly registered
pharmacist, or a licensed practitioner of medicine, shall sell, offer for sale,
vend or give away prophylactic devices, prophylactic rubber goods or any other
articles of any kind, nature and description for the prevention of venereal and
other diseases, or infections or any sex incentive devices or contrivances.
This provision shall not apply to wholesale druggists, jobbers or manufacturers
who sell articles hereinbefore described in wholesale quantities for recall by
registered pharmacists at their usual places of business, and by duly licensed
practitioners of medicines. No merchandise of the character described herein
shall be offered for sale by any person unless the merchandise is identified by
the manufacturer's name on the package. (Code 1965, Sec. 51.24)
Sec. 22‑47 ‑ 22‑52. Reserved.
DIVISION 2. OBSCENITY
Sec. 22‑53. Definition - Obscenity.
For purposes of this division, a thing is
"obscene" if, considered as a whole, its predominant appeal is to
prurient interest, that is, a shameful or morbid interest in nudity, sex or
excretion, and if it goes substantially beyond customary limits of candor in
description or representation of such matters. A thing is obscene even though
the obscenity is latent, as in the case of undeveloped photographs. (Ord. No. 69‑45, Sec.1, 4‑7‑69)
Sec. 22‑54. Certain acts related to obscene material prohibited.
It shall be unlawful for any person, with
knowledge of the nature or content thereof, to exhibit, sell, print, offer to
sell, give away, circulate, publish, distribute, or attempt to distribute any
obscene book, magazine, pamphlet, paper, writing, card, advertisement,
circular, print, picture, photograph, motion picture film, play, image,
instrument, statute, drawing, or other article which is obscene. (Ord. No. 69‑45, Sec. 1, 4‑7‑69)
Sec. 22‑55 Distribution of obscene material to minors prohibited.
It shall be unlawful for any person with knowledge
of the nature or content thereof to exhibit, sell, offer to sell, give away,
circulate, or distribute or attempt to distribute to any person under the age
of eighteen (18) years any obscene book, magazine, pamphlet, paper, writing,
card, advertisement, circular, print, picture, photograph, motion picture film,
play, image, instrument, statue, drawing, or other material. (Ord. No. 69‑45, Sec.1, 4‑7‑69)
Sec.
22‑56. Division
interpretation and admissibility of evidence.
For purposes of this division, obscenity
shall be judged with reference to ordinary adults, except that it shall be
judged with reference to children or other specially
susceptible audience if it appears from the character of the material or the
circumstances of its dissemination to be specially designed for or directed to
such an audience. In any prosecution for an offense under this division,
evidence shall be admissible to show:
(1) The character of the audience for which
the material was designed or to which it was directed;
(2) What the predominant appeal of the
material would be for ordinary adults or a special audience, and what effect,
if any, it would probably have on the behavior of such people;
(3) The artistic, literary, scientific,
educational or other merits of the material, or absence thereof;
(4) The degree, if any, of public acceptance
of the material in this state;
(5) Appeal to prurient interest, or
obscenity thereof, in advertising or other promotion of the material;
(6) Purpose of the author, creator, publisher
or disseminator. (Ord.
No. 69-45, Sec. 1,
Sec. 22-57. Prima facie evidence of intent to disseminate.
The creation, purchase, procurement or
possession of a mold, engraved plate or other embodiment of obscenity specially
adapted for reproducing multiple copies, or the possession of more than three
(3) copies of obscene material shall be prima facie evidence of an intent to disseminate (Ord. No.
69-45, Sec. 1,
Sec. 22-58. Defenses to division violations.
It shall be an affirmative defense to a
prosecution brought for violation of this division that the dissemination:
(1)
Was not for gain and was made to
personal associates other than children under eighteen
(18) years of age;
(2)
Was to institutions or individuals
having scientific or other special justification for possession of such
material. (Ord. No. 69‑45, Sec. 1, 4‑7‑69)
Sec. 22‑59. Prostitution.
It shall be unlawful for any person in
the City of
(a) To offer to commit or to commit or
engage in prostitution, sodomy, fellatio, masturbation for hire or pandering.
(b) To solicit, induce, entice or procure
another to commit prostitution, sodomy, fellatio, masturbation for hire,
pandering, lewdness or assignation.
(c) To offer another or offer to agree to
secure another for the purpose of prostitution, sodomy, fellatio, masturbation
for hire, or for any other lewd or indecent act.
(d) To direct, take or transport or to offer
or agree to take or transport any person to any place, structure, or building
or to any other place with knowledge or reasonable cause to believe that the
purpose of such directing, taking or transporting in for the commission of the
act of prostitution, sodomy, fellatio, masturbation for hire, lewdness or
assignation.
(e) To keep, set up, maintain or operate any
place, structure, building or conveyance for the purpose of prostitution,
sodomy, fellatio, masturbation for hire, pandering, lewdness or assignation or
to permit any person to remain there for such purpose of prostitution, sodomy,
fellatio, masturbation for hire, pandering, lewdness or assignation.
(f) To receive or offer or agree to receive
any person into any place, structure, building or conveyance for the purpose of
prostitution, sodomy, fellatio, masturbation for hire, pandering, lewdness or
assignation or to permit any person to remain there for such purpose.
(g) To reside in, enter into or remain in
any place, structure, or building or to enter into or remain in any place,
structure or building or to enter into or remain in any conveyance for the
purpose of prostitution, sodomy, fellatio, masturbation for hire, pandering,
lewdness or assignation.
(h) To aid, abet or participate in the doing
of any of the acts or things enumerated in this section.
(i) To
knowingly provide money or anything of value to another for the purpose of
inducing another to transport a person into or within the City Limits of the
City for the purpose of promoting that person's engaging in prostitution,
sodomy, fellatio, masturbation for hire, pandering, lewdness or assignation or
for the purpose of inducing another to receive a person into any place or
building for the purpose of performing an act of prostitution, sodomy,
fellatio, masturbation for hire, pandering, or lewd or indecent act.
(j) To loiter, while a pedestrian or in a
motor vehicle, in or near any
thoroughfare or place open to the public in a manner and under
circumstances manifesting the purpose of inducing, enticing, soliciting, or
procuring another to commit an act of prostitution, sodomy, fellatio,
masturbation for hire, pandering, or other lewd or indecent acts. Among the circumstances which may be
considered in determining whether this purpose is manifested are: that such
person is a known prostitute, pimp, sodomist,
performer of fellatio, masturbator for hire or panderer and repeatedly beckons
to, stops, or attempts to stop, or engages passersby in conversation, or
repeatedly stops, or attempts to stop motor vehicles operators by hailing,
waving of arms or any bodily gesture for the purpose of inducing, enticing,
soliciting or procuring another to commit an act of prostitution, sodomy
fellatio, masturbation for hire, pandering or other lewd or indecent act.
(k) For the purpose of subsection (j), a
"known prostitute, pimp, sodomist, performer of
fellatio, masturbator for hire or panderer" is a person who, within one
(1) year previous to the date of arrest for violation of this subsection, had
within the knowledge of the arresting officer been convicted of violating any
ordinance of the city or law of any state defining and punishing acts of
soliciting, committing, or offering or agreeing to commit prostitution, sodomy,
fellatio, masturbation for hire, pandering, or other lewd or indecent act.
(l) Any person who shall be found guilty of
violating any of the provisions of this Ordinance shall be sentenced on first
conviction to a fine of not less than Fifty Dollars ($50.00), upon second
conviction to a fine of not less than One Hundred Dollars ($100.00) and upon a
third or subsequent conviction, to a fine of not less than Five Hundred Dollars
($500.00). Said fines may be imposed in accordance with Section 36-12 of this
Code, at the discretion of the complaining Officer. (Ord.
No. 98-88,Sec. 22-59,
Whoever attempts to commit an offense
prohibited by this ordinance and in such attempt does any act toward the
commission of such offense, but fails in the perpetration or is intercepted or
prevented in the execution of the same, commits the offense of criminal attempt
and shall be punished as provided for in this ordinance.
It shall be unlawful for any person to
give information about or direct any other person to any house or place for
immoral purposes, or to any immoral person, whether the communication be by
word of mouth, direct or by telephone or in writing within the limits of the
City.
It shall be unlawful to employ or provide
the services of persons for immoral purposes.
Whenever any law enforcement officer
encounters any person under any circumstances which reasonably indicate that
such person has committed, is committing, or is about to commit a violation of
this ordinance, the officer may temporarily detain such person for the purpose
of ascertaining the identity of the person temporarily detained, and the
circumstances surrounding his or her presence abroad which led the officer to
believe that the person detained had committed, was committing or was about to
commit a violation of this ordinance. No
person shall be temporarily detained under the provisions of this section
longer than is reasonably necessary to affect the purpose of such section. Such temporary detention shall not extend
beyond the place where it was first affected or the immediate vicinity thereof.
If at any time after the onset of the
temporary detention authorized by this section, probable cause for arrest of
the person shall appear, the person shall be
arrested. If after an inquiry into the
circumstances which prompted the temporary detention no probable cause for the
arrest of the person shall appear, he or she shall be released.
Among the elements which may be
considered by a police officer in determining that a person has committed, is
committing, or is about to commit a violation of this ordinance are:
(1) That such person is a known prostitute
or panderer.
(2) That "known prostitute or
panderer" as used in this ordinance shall mean any person, who within one
year previous to the date of arrest for violation of this ordinance, has within
the knowledge of the arresting officer been convicted for violation of the
provisions of this ordinance.
(3) That such person repeatedly beckons to,
repeatedly engages any person passing by in conversation without apparent
purpose.
(4) That such person repeatedly stops, or repeatedly
attempts to stop, motor vehicle operators by hailing, waving of arms, or other
bodily gestures, without apparent purpose.
(5) That such activities as described above,
when observed by a law enforcement officer, taken as a whole, led the officer
to reasonably conclude, in light of his or her experience, that a violation of
this ordinance has been committed, is being committed, or is about to be
committed.
Any person who shall be found guilty of
violating any of the provisions of this ordinance shall be sentenced, on first
conviction, to a fine of not more than three hundred dollars ($300.00); upon
second conviction, to a fine of not more than four hundred dollars ($400.00);
and upon third and subsequent conviction, to a fine of not more than five
hundred dollars ($500.00).
For purpose of this ordinance, a
certified copy of the judgment of conviction shall be deemed prima facie
evidence of each prior conviction. (Ord. No. 90-51,
Sec. 1-7,
Sec. 22‑60-69 Reserved.
ARTICLE III. DRUGS AND DRUG
PARAPHERNALIA
*Editor‑ At the editor's
discretion, Sec. 1 of Ord. No. 80‑66, adopted
Sec. 22‑70. Definitions - drug paraphernalia.
The following words and phrases when used
in this article shall, for the purposes of this article, have the meaning
respectively ascribed to them in this section, except where the context clearly
indicates a different meaning:
(1)
Cocaine spoon. A spoon with
a bowl so small that the primary use for which it is reasonably adapted or
designed is to hold or administer cocaine, and which is so small as to be
unsuited for the typical, lawful use of spoon. A cocaine spoon may or may not
be merchandised on a chain and may or may not be labeled as a
"cocaine" spoon or "coke" spoon.
(2)
Controlled substance. Any
drug, substance, or immediate precursor enumerated in Schedules 1-‑5,
Chapter 56 1/2, P A 79‑454 of the Illinois
Revised Statutes, as amended (commonly known as the Controlled Substance Act.)
(3)
Cannabis. As defined in
Section 703, Chapter 56 l/2, P A 79.1465 of the
Illinois Revised Statutes, as amended.
(4) Marijuana or hashish pipe. A pipe
characterized by a bowl which is so small that the primary use for which it is reasonably
adapted 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.
(5) 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, growing,
harvesting, manufacturing, compounding, converting, producing, processing,
preparing, testing, analyzing, packaging, repackaging, storing, containing,
concealing, injecting, ingesting, inhaling, or otherwise introducing into the
human body a controlled substance as defined in Schedules 1‑‑‑5,
Chapter 56 1/2, P A 79‑454 of the Illinois Revised Statutes, as amended,
or cannabis as defined in Section 703 of Chapter 56 1/2, P A 79‑1465 of
the Illinois Revised Statutes, as amended. It includes, but is not limited to:
(i) 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 cannabis or from which a controlled substance or cannabis can be derived;
(ii) Kits used, intended for use, or designed
for use in manufacturing, compounding, converting, producing, processing or
preparing controlled substance or cannabis;
(iii) Isomerization
devices used, intended for use, or designed for use in increasing the potency
of any species or plant which is a controlled substance or cannabis;
(iv) Testing equipment used,
intended for use, or designed for use in identifying, or in analyzing the
length, effectiveness or purity of controlled substances or cannabis;
(v) Scales and balances used, intended for
use, or designed for use in weighing or measuring controlled substances or
cannabis; Dilutents and adulterants, such as quinine
hydrochloride, mannitol, mannite,
dextrose and lactose, used, intended for use, or designed for use in cutting
controlled substances or cannabis;
(vi) 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;
(vii)
Blenders,
bowls, containers, spoons and mixing devices used, intended for use, or
designed for use in compounding controlled substances or cannabis;
(ix) Capsules, balloons, envelopes and other
containers used, intended for use, or designed for use in packaging small
quantities of controlled substances or cannabis;
(x) Containers and other objects used,
intended for use, or designed for use in storing or concealing controlled
substances or cannabis;
(xi) 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: processing or
preparing controlled substance or cannabis;
(1) Metals, wooden, acrylic, glass, stone,
plastic, or ceramic pipes with or without screens, permanent screens, hashish
heads, or punctured metal bowls;
(2) Water pipes;
(3) Carburetor tubes and devices;
(4) Smoking and carburetion masks;
(5) Roach clips‑‑Meaning objects
used to hold burning material, such as marijuana cigarettes, that have become
too small or too short to be held in the hand;
(6) Chamber pipes;
(7) Carburetor pipes;
(8) Electric pipes;
(9) Air‑driven pipes:
(10) Chillums;
(11)
Bongs;
(12)
Ice pipes or chillers.
(6) Person. An individual, corporation,
government or governmental subdivision or agency, business, estate, trust,
partnership or association. (Ord.80‑66 10‑7‑80)
Sec. 22‑71. Factors in determination of drug paraphernalia.
In determining whether an object is drug
paraphernalia, a court order or other authority should consider, in addition to
all other logically relevant factors, the following:
(1) Statements by an owner or by anyone in
control of the object concerning its use;
(2) 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;
(3) The proximity of the object, in time and
space, to a direct violation of this act;
(4) The proximity of the object to
controlled substances;
(5) The existence of any residue of
controlled substances on the object;
(6) 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 act; the innocence of an owner, or of anyone in
control of the object, as to a direct violation of this act shall not prevent a
finding that the object is intended for use, or designed for use as drug
paraphernalia;
(7) Instructions, oral or written, provided
with the object concerning its use;
(8) Descriptive materials accompanying the
object which explains or depicts its use;
(9) National and local advertising
concerning its use;
(10) The
manner in which the object is displayed for sale;
(11) 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;
(12) Direct or circumstantial evidence of the
ratio of sales of the object(s) to the total sales of the business enterprise;
(13) The existence and scope of legitimate uses
for the object in the community; and
(14) Expert testimony concerning its use. (Ord. No. 80‑66, Sec.1, 10‑7‑80)
Sec. 22-72. Sale, display, etc., of drug paraphernalia prohibited; exceptions.
(a) It shall be unlawful for any person to
sell, offer for sale, display, furnish, supply or give away any cocaine spoon,
marijuana pipe, hashish pipe, or any drug paraphernalia.
(b) The prohibition contained in this
section shall not apply to manufacturers, wholesalers, jobbers, licensed
medical technicians, technologists, nurses, hospitals, research teaching
institutions, clinical laboratories, medical doctors, osteopathic physicians,
dentists, chiropodists, veterinarians, pharmacists or embalmers in the normal
lawful course of their respective businesses or professions, nor to common
carriers or warehouses or their employees engaged in the lawful transportation
of such paraphernalia, nor to public officers or employees while engaged in the
performance of their official duties nor to persons suffering from diabetes,
asthma, or any other medical condition requiring self injection. (Ord. No. 80-66, Sec. 1,
Sec. 22‑73. Penalty for violation.
A person who violates any provision or
provisions of this article, upon conviction, shall be punished with a fine not exceeding
five hundred dollars ($500.00) and not less than fifteen dollars ($15.00). Each day of the violation shall be considered
a separate offense. (Ord. No. 80.66, Sec. 1, 10‑80)
Sec. 22-74. Possession of cannabis.
It is unlawful for any person to knowingly
possess cannabis or any substance containing cannabis. (Ord.
No. 96-01, Sec. 2,
Sec. 22-75. Penalty for possession
of cannabis.
A person who violates Section 22-74 of
this Article, upon conviction, shall be punished with a fine not less than One
Hundred Dollars $(100.00) and not exceeding Five Hundred Dollars ($500.00),
plus shall pay a re-imbursement to the City of Fifty Dollars ($50.00) for
expenses of laboratory analysis. (Ord. No. 96-01, Sec. 1,
Sec 22-76. Transfer or
No person, firm or corporation shall sell
to or provide a minor with a Laser Pointer, unless the minor is accompanied by
a parent or legal guardian at the time of the purchase or transfer. No Minor shall, at the time of purchase of
such laser pointer, furnish fraudulent evidence of majority. No minor shall, except while accompanied by a
parent or legal guardian, possess a Laser Pointer on any public property or any
private property without the expressed permission of the lawful owner or
manager of the private property. Also
provided, however, that the possession by a person under the age of eighteen
years (18), under the direct supervision of the parent or guardian of such person
in the privacy of the parent's or guardian's home, shall not be prohibited.
Sec. 22-77. Penalty.
Any person found guilty of an offense of
this Ordinance shall be subject to a fine of not less than One Hundred Dollars
($100.00) and not more than Five Hundred Dollars ($500.00)
Sec. 22-78. Liability of Parent or
Guardian.
The parent or legal guardian of an
unemancipated minor defendant, who resides with such parent or legal guardian,
shall be subject to those penalties as enumerated in this Ordinance.
If any section, clause, phrase or a part
of this Ordinance is for any reason held invalid, such decision shall not
affect the validity of the remaining provisions of this Ordinance and the
application of these provisions to any person or circumstance shall not be
affected thereby.
Sec. 22-79. Forfeiture of Laser
Pointer.
Any person who possesses a laser Pointer
in violation of this Ordinance shall forfeit same and any law enforcement
officer of the City of
Section
22-76 -22-80 Reserved
(Ord 02-21)
ARTICLE IV. SOLICITATION OF DRUGS
AND/OR PROSTITUTION
Sec. 22-80. Attempt to Solicit Drugs.
It is unlawful for any person to solicit or
to attempt to obtain cannabis, as defined in the Illinois Cannabis Control Act
or a controlled substance as defined by the Illinois Controlled Substance Act
with intent to possess by request, contract, agreement, command or
understanding.
The owner of record of any motor vehicle
which is used in connection with a violation of Sec. 22-80 or that contains
cannabis as defined by the Illinois Cannabis Act or a controlled substance as
defined by the Illinois Controlled Substance Act shall be subject to seizure
and impoundment and liable to the City for an administrative penalty not to
exceed $500.00 plus any towing and storage fees, as hereinafter provided.
(1) This Sub-section shall not apply:
(1) If the vehicle used in the violation was
stolen at the time and the theft was reported to the appropriate police
authorities within 24 hours after the theft was discovered; or
(2) If the vehicle is operating as a common
carrier and the violation occurs without the knowledge of the person in control
of the vehicle.
(2) Whenever a police officer has probable
cause to believe that a vehicle is subject to seizure and impoundment pursuant
to this Section, the police officer shall provide for the towing of the vehicle
to a facility controlled by the City or its agents. Before or at the time the vehicle is towed,
the police officer shall notify any person identifying himself as the owner of
the vehicle or any person who is found to be in control of the vehicle at the
time of the alleged violation, of the fact of the seizure and the vehicle
owner's right to request a vehicle impoundment hearing to be conducted under
this Section.
(3) If the owner of record of a vehicle
seized pursuant to this Section desires to appeal the seizure, said owner must
make a request for said hearing within twenty-four (24) hours of the
seizure. Said request shall be in
writing and filed with the Chief of Police or his designee. If an appeal is timely filed, a Hearing
Officer of the City shall conduct such appeal hearing within forty-eight (48)
hours after the request, excluding Saturdays, Sundays and holidays. All interested persons shall be given a
reasonable opportunity to be heard at the vehicle impoundment hearing. The formal rules of evidence will not apply
at the hearing and hearsay evidence shall be admissible. If, after the hearing, the Hearing Officer
determines there is probable cause to believe that the vehicle is subject to
seizure and impoundment pursuant to this Section, the Hearing Officer shall
order the continued impoundment of the vehicle as provided in this Section,
unless the owner of the vehicle posts with the Collection Department, a cash
bond in the amount of Five Hundred and no/100 Dollars ($500.00), plus any applicable
towing and storage fees.
(4) Unless a hearing is held pursuant to (3)
above, within 10 days after a vehicle is seized and impounded pursuant to this
Section, the City shall notify by certified mail, return receipt requested, the
owner of record of the date, time and location of a hearing that will be
conducted, pursuant to this Section. The
hearing shall be scheduled and held, unless continued by order of the Hearing
Officer, no later than 45 days after the vehicle was seized. The hearing shall
be conducted by a Hearing Officer appointed by the Mayor. All interested persons shall be given a
reasonable opportunity to be heard at the hearing. If, after the hearing, the Hearing Officer
determines by a preponderance of evidence that the vehicle was used in
connection with a violation of Section 30-225, and that none of the exceptions
described in clauses (1) or (2) of Sub-section (a) applies, the Hearing Officer
shall enter an order finding the owner of record of the vehicle civilly liable
to the City for an administrative penalty in the amount not to exceed $500.00.
If the owner of record fails to appear at the hearing, the Hearing Officer
shall enter a default order in favor of the City requiring the payment to the
City of an administrative penalty in an amount not to exceed $500.00. If the
Hearing Officer finds that no such violation occurred, the Hearing Officer
shall order the immediate return of the owner's vehicle or cash bond.
(5) If an administrative penalty is imposed
pursuant to this Section, such penalty shall constitute a debt due and owing to
the City. If a cash bond has been posted
pursuant to this Section, the bond shall be applied to the penalty. If a vehicle has been impounded when such a
penalty is imposed, the City
may seek to obtain a judgment on the debt and enforce such
judgment against the vehicle as provided by law. Except as provided otherwise in this Section,
a vehicle shall continue to be impounded until:
(1) The penalty plus any applicable towing
and storage fees, is paid to the City, in which case possession of the vehicle
shall be given to the person who is legally entitled to possess the vehicle.
(2) The vehicle is sold or otherwise
disposed of to satisfy a judgment to enforce a lien as provided by law. If the
administrative penalty and applicable fees are not paid within 30 days after an
administrative penalty is imposed under Sub-section (d) against an owner of
record who defaults by failing to appear at the hearing, the vehicle shall be
deemed unclaimed and shall be disposed of in the manner provided by law for the
disposition of unclaimed vehicles. In
all other cases, if the administrative penalty and applicable fees are not paid
within 30 days after the expiration of time at which administrative review of
the Hearing Officer's determination may be sought, or within 30 days after an
action seeking administrative review has been resolved in favor of the City,
whichever is applicable, the vehicle shall be deemed unclaimed and shall be
disposed of in the manner provided by law for the disposition of unclaimed
vehicles under Section 4-208 of the Illinois Vehicle Code (625 ILCS
5/4-208). Except as otherwise
specifically provided by law, no owner, lien holder or other person shall be
legally entitled to take possession of a vehicle impounded under this Section
until the civil penalty and fees applicable under this Section have been
paid. However, whenever a person with a
lien or record against an impounded vehicle has commenced foreclosure
proceedings, possession of the vehicle shall be given to that person if he or
she agrees in writing to refund to the City the amount of the net proceeds of
any foreclosure sale, less any amounts required to pay all lien holders of
record, not to exceed $500.00, plus the applicable fees.
(6) For purposes of this Section, the
"owner of record" of a vehicle is the record title holder.
Sec. 22-82. Use of Vehicle For Solicitation of Prostitution - Impoundment.
(a) A motor vehicle that is used, with the
knowledge of the owner of record, in violation of 22-59 supra., in the
commission of prostitution as defined in the Criminal Code of 1961, soliciting
for a prostitute as defined in said Code, soliciting for a juvenile prostitute
as defined in said Code, or patronizing a juvenile prostitute as defined in
said Code, shall be subject to seizure and impoundment under this
Sub-section. The owner of record of such
vehicle shall be liable to the City for a penalty of $500.00, in addition to fees
for the towing and storage of the vehicle.
(b) Whenever a police officer has probable
cause to believe that a vehicle is subject to seizure and impoundment pursuant
to this Section, the police officer shall provide for the towing of the vehicle
to a facility controlled by the City or its agents. When the vehicle is towed, the police officer
shall notify the person who is found to be in control of the vehicle at the
time of the alleged violation, if there is such a person, of the fact of the
seizure and of the vehicle owner's right to request a preliminary hearing to be
conducted under this Section.
(c) If the owner of record of a vehicle
seized pursuant to this Section desires to appeal the seizure, said owner must
make a request for said hearing within twenty-four (24) hours from the seizure. Said request shall be in writing and filed
with the Chief of Police or his designee.
If an appeal is timely filed, a Hearing Officer of the City shall
conduct such appeal hearing within forty-eight (48) hours after the request,
excluding Saturdays, Sundays and holidays. All interested persons shall be
given a reasonable opportunity to be heard at the vehicle impoundment
hearing. The formal rules of evidence
will not apply at the hearing, and hearsay evidence shall be admissible. If, after the hearing, the Hearing Officer
determines there is probable cause to believe that the vehicle is subject to
seizure and impoundment pursuant to this Section, the Hearing Officer shall
order the continued impoundment of the vehicle as provided in this Section unless
the owner of the vehicle posts with the Collection Department, a cash bond in
the amount of Five Hundred and No/100s Dollars ($500.00) plus any applicable
towing and storage fees.
(d) Unless a hearing is held pursuant to (c)
above, within 10 days after a vehicle is seized and impounded pursuant to this
Section, the City shall notify by certified mail, return receipt requested, the
owner of record of the date, time and location of a hearing that will be
conducted, pursuant to this Section. The
hearing shall be scheduled and held, unless continued by order of the Hearing
Officer, no later than 30 days after the vehicle was seized. All interested persons shall be given a
reasonable opportunity to be heard at the hearing. If, after the hearing, the Hearing Officer
determines by a preponderance of evidence that the vehicle was used with the
knowledge of the owner in the commission of any of the violations described in
paragraph (a), the Hearing Officer shall enter an order requiring the vehicle
to continue to be impounded until the owner pays a penalty not to exceed
$500.00, plus fees for towing and storage of the vehicle. The penalty and fees shall be a debt due and
owing the City. However, if a cash bond
has been posted, the bond shall be applied to the penalty. If the Hearing Officer determines that the
vehicle was not knowingly used in such violation, he or she shall order the
return of the vehicle or cash bond. Not
withstanding any other provision of this Section, whenever a person with a lien
of record against a vehicle impounded under this Section has commenced
foreclosure proceedings, possession of the vehicle shall be given to that
person if he or she agrees in writing to refund to the City the net proceeds of
any foreclosure sale, less any amounts necessary to pay all lien holders of
record, up to the total amount of penalties and fees imposed under this
Sub-section.
(e) Any motor vehicle that is not reclaimed
within 30 days after the expiration of the time during which the owner of
record may seek judicial review of the city's action under this Section, or the
time at which a final judgment is rendered against an owner of record who is in
default may be disposed of as an unclaimed vehicle as provided by law. As used in this Section, the "owner of record"
of a vehicle means the record titleholder.
(f) Fees for towing and storage of a
vehicle under this Section shall be the same as those charged, pursuant to this
Code.
Sec. 22-83. Unlawful Firearm in
Motor Vehicle-Impoundment.
(a) The owner of record of any motor vehicle
used in connection with a violation of Article 24 of the Illinois Criminal Code
of 1961 (720 ILCS 5/24-1 et.seq.) Or
Sec. 30-101. Sec. 30-102, Sec. 30-1-3-103, Sec. 30-104 and Sec. 30-105
or that contains a firearm or ammunition for which a Firearms Owner's
Identification Card is required under the Illinois Owners Identification Card
Act (430 ILCS 65/0.01 et seq.) and is not presented, shall be liable to the
City for an administrative penalty not to exceed $500.00 plus any towing and
storage fees as hereinafter provided, in addition to the fine imposed for
violation of any provision of this Article.
Any such vehicle shall be subject to seizure and impoundment pursuant to
this Section. This Sub-section shall not
apply:
(1) if the vehicle used in the violation was
stolen at the time and the theft was reported to the appropriate police
authorities within 24 hours after the theft was discovered, or reasonably
should have been discovered, or
(2) if the vehicle
is operating as a common carrier and the violation occurs without the knowledge
of the person in control of the vehicle.
(b) Whenever a police officer has probable
cause to believe that a vehicle is subject to seizure and impoundment pursuant
to this Section, the police officer shall provide for the towing of the vehicle
to a facility controlled by the City or its agents. Before or at the time the vehicle is towed,
the police officer shall notify any person identifying himself as the owner of
the vehicle or any person who is found to be in control of the vehicle
at the time of the alleged violation, of the fact of the seizure and of the
vehicle owner's right to request a vehicle impoundment hearing to be conducted
under this Section.
(c) If the owner of record of a vehicle
seized pursuant to this Section desires to appeal the seizure, said owner must
make a request for said hearing within twenty-four (24) hours of the
seizure. Said request shall be in
writing and filed with the Chief of Police or his designee. If an appeal is timely filed, a Hearing
Officer of the City shall conduct such appeal hearing within forty-eight (48)
hours after the request, excluding Saturdays, Sundays or holidays. All interested persons shall be given a
reasonable opportunity to be heard at the vehicle impoundment hearing. The formal rules of evidence will not apply
at the hearing, and hearsay evidence shall be admissible. If, after the hearing, the Hearing Officer
determines there is probable cause to believe that the vehicle is subject to
seizure and impoundment pursuant to this Section, the Hearing Officer shall
order the continued impoundment of the vehicle as provided in this Section,
unless the owner of the vehicle posts with the Collection Department, a cash
bond in the amount of Five Hundred and No/100s Dollars ($500.00), plus any
applicable towing and storage fees.
(d) Unless a hearing has been held pursuant
to (c) above, within 10 days after a vehicle is seized and impounded pursuant
to this Section, the City shall notify by certified mail, return receipt
requested, the owner of record of the date, time and location of a hearing that
will be conducted pursuant to this Section.
The hearing shall be scheduled and held, unless conducted by order of
the Hearing Officer, no later than 45 days after the vehicle was seized. The hearing shall be conducted by a Hearing
Officer appointed by the Mayor. All
interested persons shall be given a reasonable opportunity to be heard at the
hearing. If, after the hearing, the
Hearing Officer determines by a preponderance of the evidence, none of the
exceptions described herein applies, the Hearing Officer shall enter an order
finding the owner of record of the vehicle civilly liable to the City for an
administrative penalty in an amount not to exceed $500.00. If the Hearing Officer finds that no such
violation occurred, the Hearing Officer shall order the immediate return of the
owner's vehicle or cash bond.
(e) If an administrative penalty is imposed
pursuant to this Section, such penalty shall constitute a debt due and owing to
the City. If a cash bond has been posted
pursuant to this Section, the bond shall be applied to the penalty. If a vehicle has been impounded when such a
penalty is imposed, the City may seek to obtain a judgment on the debt and
enforce such judgment against the vehicle as provided by law. Except as provided otherwise in this Section,
a vehicle shall continue to be impounded until:
(1) the penalty, plus any applicable towing
and storage fees, is paid to the City, in which case possession of the vehicle
shall be given to the person who is legally entitled to possess the vehicle, or
(2) the vehicle is
sold or otherwise disposed of to satisfy a judgment or enforce a lien as
provided by law. If the administrative
penalty is imposed under Sub-section (d) against an owner of record who
defaults by failing to appear at the hearing, the vehicle shall be deemed
unclaimed and shall be disposed of in the manner provided by law for the
disposition of unclaimed vehicles. In all
other cases, if the administrative penalty and applicable fees are not paid
within 30 days after the expiration of time at which administrative review of
the Hearing Officer's determination may be sought, or within 30 days after an
action seeking administrative review has been resolved in favor of the City,
whichever is applicable, the vehicle shall be deemed unclaimed and shall be
disposed of in the manner provided by law for the disposition of unclaimed
vehicles under Section 4-208 of the Illinois Motor Vehicle Code (625 ILCS
5/4-208). Except as otherwise
specifically provided by law, no owner, lien holder or other person shall be
legally entitled to take possession of a vehicle impounded under this Section
until the civil penalty and fees applicable under this Section have been
paid. However, whenever a person with a
lien of record against an impounded vehicle has commenced foreclosure
proceedings, possession of the vehicle shall be given to that person if he or
she agrees in writing to refund to the City the amount of the net proceeds of
any foreclosure sale, less any amounts required to pay all lien holders of
record, up to $500.00 plus the applicable fees.
(f) For purposes of this Section, the
"owner of record" of a vehicle is the record titleholder.
Sec. 22-84. Exceptions.
Shall not apply to or affect any of the
following:
(1) Peace officers or any person summoned by
any such Officers to assist in making arrests or preserving the peace while he
is actually engaged in assisting such Officer;
(2) Wardens, Superintendents and Keepers of
prisons, penitentiaries, jails and other such institutions for the detention of
persons accused or convicted of an offense, while in the performance of their
official duty or commuting between their homes and places of employment;
(3) Members of the Armed Services or Reserve
Forces of the
(4) Special Agents employed by a railroad to
perform police functions, or employees of a detective agency, watchman-guard or
patrolman agency, licensed by the State of Illinois, while actually engaged in
the performance of the duties of their employment or commuting between their
homes and places of employment;
(5) Agents and investigators of the Illinois
Crime Investigating Commission authorized by the Commission to carry weapons,
while on duty in the course of any investigation for the Commission;
(6)
Manufacture
or transportation of weapons which are not immediately accessible to any
person; sale of weapons to persons authorized under law to possess them;
(7) Persons licensed as private security
contractors, private detectives or private alarm
contractors
or employed by an agency certified by the Illinois Department of Professional Regulation who have
documentation on their person, if their duties include the carrying of a weapon
under the provisions of the Private Detective, Private Alarm and Private
Security act of 1983 (225 ILCS 445/1 et seq.), while actually engaged in the
performance of the duties of their employment.
(8) Any
person regularly employed in a commercial or industrial operation as a security
guard for the protection of persons employed and private property related to
such commercial or industrial operation, while actually engaged in the
performance of his or her duty or traveling between sites or properties
belonging to the employer, and who, as a security guard, is a member of a
security force of at least 5 persons registered with the Illinois Department of
Professional regulation; provided that such security guard has successfully
completed a course of study, approved by and supervised by the Illinois
Department of Professional Regulation, consisting of not less than 40 hours of
training that includes the theory of law enforcement, liability for acts and
the handling of weapons.
(9) Agents
and investigators of the Illinois Legislative Investigating Commission
authorized by the Commission to carry the weapons while on duty in the course
of any investigation for the Commission.
(10) Persons
employed by a financial institution for the protection of other employees and
property related to such financial institutions, while actually engaged in the
performance of their duties, commuting between their homes and places of
employment, or traveling between sites or properties owned by such financial
institution, provided that any person so employed has successfully completed a
course of study, approved by and supervised by the Illinois Department of
Professional Regulation, consisting of not less than 40 hours of training which
includes theory of law enforcement, liability for acts and the handling of weapons.
(11) Any
person employed by an armored car company to drive an armored car, while
actually engaged in the performance of his duties.
(12) Investigators
of the Office of the State's Attorneys Appellate Prosecutor authorized by the
Board of Governors of the Office of the State's Attorneys Appellate Prosecutor
to carry weapons pursuant to the State's Attorneys Appellate Prosecutors"
Act (725 ILCS 210/1 et. seq.).
(13) Special investigators appointed by a
State's Attorney under Section 3-9005 of the Counties Code (55 ILCS 5/3-9005).
(14) Members of any club or organization
organized for the purpose of practicing shooting at targets upon established
target ranges, whether public or private, while such members are using their
firearms on such target ranges.
(15) Duly
authorized military or civil organizations while parading, with the special
permission of the Governor.
(16) Licensed
hunters or fishermen while engaged in hunting or fishing.
(17) Transportation
of weapons broken down in a non-functioning state.
(18) Such other
exceptions as approved by the Illinois General Assembly.
(a) Any motor vehicle which is operated by a
person who is under the influence of alcohol or drugs; or whose driver's
license is suspended or revoked, or against whom a warrant has been issued by a
Circuit Court for failing to appear to answer charges that the person was
operating a motor vehicle under the influence of alcohol or drugs or for
operating a motor vehicle while that person's license was suspended or revoked
shall be subject to seizure and impoundment by the City of Kankakee and its
owner shall be liable to the City for an administrative penalty not to exceed
Five Hundred Dollars ($500.00) plus any towing or storage fees as hereinafter
provided.
1) This Section shall not apply: (1) if the vehicle used in the violation was
stolen at that time and the theft was reported to the appropriate police
authorities within 24 hours after the theft was discovered.
2) Whenever a police officer has probable
cause to believe that a vehicle is subject to seizure and impoundment pursuant
to this Section, the police officer shall provide for the towing of the vehicle
to a facility controlled by the City of its agents. Before or at the time the vehicle is towed,
the police officer shall notify any person identifying himself as the owner of
the vehicle or any person who is found to be in control of the vehicle at the
time of the alleged violation, of the fact of the seizure and of the vehicle
owner's right to request a vehicle impoundment hearing to be conducted under
this Section.
3) If the owner of record of a vehicle
seized pursuant to this Section desires to appeal the seizure, said owner must
make a request for said hearing within twenty-four (24) hours of the
seizure. Said request shall be in
writing and filed with the Chief of Police or his designee. If an appeal is timely filed, a Hearing
Officer of the City shall conduct such appeal hearing within forty-eight (48)
hours after the request, excluding Saturdays, Sundays and holidays. All interested persons shall be given a
reasonable opportunity to be heard at the vehicle impoundment hearing. The formal rules of evidence will not apply
at the hearing and hearsay evidence shall be admissible. If, after the hearing, the Hearing Officer
determines there is probable cause to believe that the vehicle is subject to
seizure and impoundment pursuant to this Section, the Hearing Officer shall
order the continued impoundment of the vehicle as provided in this Section,
unless the owner of the vehicle posts with the Collection Department, a cash
bond in the amount of Five Hundred and no/100s Dollars ($500.00), plus any
applicable towing and storage fees.
4)
Unless
a hearing is held pursuant to (3) above, within 10 days after a vehicle is
seized and impounded pursuant to this Section, the City shall notify by
certified mail, return receipt requested, the owner of record of the date, time
and location of a hearing that will be conducted pursuant, to this
Section. The hearing shall be scheduled
and held, unless continued by order of the Hearing Officer, no later than 45
days after the vehicle was seized. The
hearing shall be conducted by a Hearing Officer appointed by the Mayor. All interested persons shall be given a
reasonable opportunity to be heard at the hearing. If, after the hearing, the Hearing Officer
determines by a preponderance of evidence that the vehicle was used in
connection with a violation of Section 30-225, and that none of the exceptions
described in clauses (1) or (2) of Sub-section (a) applies, the Hearing Officer
shall enter an order finding the owner of record of the vehicle civilly liable to
the City for an administrative penalty in the amount not to exceed
$500.00. If the owner of record fails to
appear at the hearing, the Hearing Officer shall enter a default order in favor
of the City requiring the payment to the City of an administrative penalty in
an amount not to exceed $500.00. If the
Hearing Officer finds that no such violation occurred, the Hearing Officer
shall order the immediate return of the owners vehicle or cash bond.
5)
If
an administrative penalty is imposed pursuant to this Section, such penalty
shall constitute a debt due to owing the City.
If a cash bond has been posted pursuant to this Section, the bond shall
be applied to the penalty. If a vehicle
has been impounded when such a penalty is imposed, the City may seek to obtain
a judgment on the debt and enforce such judgment against the vehicle as
provided by law. Except as provided
otherwise in this Section, a vehicle shall continue to be impounded until (1)
the penalty, plus any applicable towing and storage fees, is paid to the City,
in which case possession of the vehicle shall be given to the person who is
legally entitled to possess the vehicle (2) the vehicle is sold or otherwise
disposed of to satisfy a judgment to enforce a lien as provided by law. If the administrative penalty and applicable
fees are not paid within 30 days after an administrative penalty is imposed
under Sub-section (d) against an owner of record who defaults by failing to
appear at the hearing, the vehicle shall be deemed unclaimed and shall be
disposed of in the manner provided by law for the disposition of unclaimed
vehicles. In all other cases, if the
administrative penalty and applicable fees are not paid within 30 days after
the expiration of time at which administrative review of the Hearing Officer's
determination may be sought or within 30 days after an action seeking
administrative review has been resolved in favor of the City, whichever is
applicable, the vehicle shall be deemed unclaimed and shall be disposed of in
the manner provided by law for the disposition of unclaimed vehicles under
Section 4-208 of the Illinois Vehicle Code (625 ILCS 5/4-208.
Except as otherwise
specifically provided by law, no owner, lienholder or
other person shall be legally entitled to take possession of a vehicle
impounded under this Section until the civil penalty and fees applicable under
this Section have been paid.
6)
For
purposes of this Section, the owner of record of a vehicle is the record
titleholder as registered with the Secretary of State, State of
7)
For
purposes of this Section, the term driving under the influence of alcohol or
drugs shall have the same meaning as that term is used in 625 ILCS 5/11/501 et.
Seq.
8)
For
purposes of this Section, the terms revoked or suspended when used in the
context of driving privileges or drivers licenses, shall have the same meaning
as contained in 625 ILCS 5/6-100 et. Seq. (Ord.
2002-21, 4/15/ 2002)
Sec. 22-86. Reference to Hearing
officer.
Whenever any reference to any Hearing
Officer is used herein, those Hearing Officers are appointed for purposes for
the Administrative Adjudication System and pursuant to said applicable
Ordinances, shall be and are hereby deemed to be authorized to act as Hearing
Officer, pursuant to these Sections. In
addition, any duly appointed Corporation Counsel or Assistant City Attorney may
act as a Hearing Officer in the event of the unavailability of the Hearing
Officer described herein. (Ord. 2002-21, 4/15/ 2002)
Sec. 22-87. Fine for possession of illegal weapons.
Chapter 22 of the Municipal Code of the
City of
(a)
Any
violation of this Article shall be punished by a fine of $500.00 for any one
offense and upon conviction, any weapon seized shall
be confiscated by the City. (Ord. 2002-21, 4/15/
2002)
Sec. 22-88. Rights and obligations of lienholder
other than registered owners.
(a)
Any
person, corporation or other legal entity who has a lien against the title of
any motor vehicle which is seized or impounded pursuant to this ordinance may
claim said vehicle and take possession of the vehicle by presenting proof of
his lien and the payment of Two Hundred and fifty and no/100s Dollars plus
storage and towing charges in lieu of the administrative fee of Five Hundred
and no 100s Dollars ($500.00) which is chargeable to the owner as described in
this ordinance. Any person claiming a
lien against the vehicle in order to obtain the release of same is required to
produce a copy of a title for said motor vehicle which includes the lien as a
matter of record as shown upon said title and as filed with the offices of the
State of Illinois Secretary of State.
ARTICLE
1.
IN GENERAL........................................................................................................ 22
Accepting wagers or bets
on horse races...................................................................... 22
- 31
Aiding
prisoner to escape.............................................................................................. 22
-03
Assault......................................................................................................................... 22
- 05
Carrying,
concealing or flourishing weapons.................................................................. 22
- 14
City
of
Curfew..................................................................................................................... 22
- 26.2
Dangerous weapons
prohibited..................................................................................... 22
- 15
Definitions
concerning firearms................................................................................... 22
- 15.2
Destruction
or defacing of property generally................................................................ 22
- 26
Distribution of obscene
material prohibited.................................................................... 22
- 55
Disturbing
funeral......................................................................................................... 22
- 12
Disturbing
religious worship.......................................................................................... 22
- 11
Disturbing
the peace..................................................................................................... 22
- 08
Drunkenness................................................................................................................ 22
- 16
DUI ‑ liquor or
narcotic ............................................................................................ 22
- 16.1
False
alarms................................................................................................................. 22
- 30
Fortune
telling.............................................................................................................. 22
- 20
Fraudulent
advertising................................................................................................... 22
- 21
Glass containers prohibited;..penalty............................................................................. 22
- 32
Impersonating
an officer................................................................................................ 22
-04
Injuring or removing
vegetation, fences, signs, etc.......................................................... 22
- 27
Interference
with city employees................................................................................... 22
- 23
Loafing or loitering....................................................................................................... 22
- 19
Obstructing water
passage in streets............................................................................. 22
- 25
Parental
responsibility for acts of minors..................................................................... 22
- 26.1
Permitting
disorderly conduct on premises..................................................................... 22
- 10
Refusing
to aid an officer.............................................................................................. 22
- 02
Regulation of sale and
use of model glue....................................................................... 22
- 17
Removing corner stones,
stakes,................................................................................... 22
- 29
Resisting or obstructing
peace officers............................................................................ 22
-01
Swimming in
Threats,
profane and obscene language......................................................................... 22
- 09
Throwing
of stones....................................................................................................... 22
- 13
Trespassing prohibited.................................................................................................. 22
- 28
Unlawful
assembly........................................................................................................ 22
- 07
Use/sale/possession of
controlled substance............................................................... 22
- 17.2
Vagrancy..................................................................................................................... 22
- 18
ARTICLE
II.
OFFENSES AGAINST PUBLIC DECENCY*................................................... 22
Acts related to obscene
material................................................................................... 22
- 54
Defenses
to division violations....................................................................................... 22
- 58
Definition
‑ Obscenity................................................................................................... 22
- 53
Distribution of obscene
materials to minors prohibited
..22 - 55
Gambling
house or rooms............................................................................................. 22
- 43
Indecent
exposure, dress and conduct.......................................................................... 22
- 41
Indecent
writing/drawings prohibited in public............................................................... 22
- 42
Inmates
of gaming houses............................................................................................. 22
- 44
Interpretation/admissibility
of evidence.......................................................................... 22
- 56
Prima
facie evidence of intent to disseminate................................................................. 22
- 57
Prophylactic
devices..................................................................................................... 22
- 46
Prostitution................................................................................................................... 22
- 59
Right of entry to
gambling/disorderly house................................................................... 22
- 45
ARTICLE
III.
DRUG PARAPHERNALIA*............................................................................. 22
Definitions
‑ drug paraphernalia.................................................................................... 22
- 70
Factors
in determination of drug paraphernalia.............................................................. 22
- 71
Forfeiture of laser pointer
22
- 79
Liability of parent or
guardian
.22 - 78
Penalty
.22
- 77
Penalty
for possession of cannabis................................................................................ 22
- 75
Penalty for violation ‑
drug paraphenalia........................................................................ 22
- 73
Possession
of cannabis................................................................................................. 22
- 74
Transfer or sale of
laser pointers to minors prohibited
22 - 76
Sale/display drug
paraphernalia prohibited.................................................................... 22
- 72
ARTICLE
IV.
SOLICITATION OF DRUGS AND/OR PROSTITUTION............................. 22
Attempt to Solicit
Drugs............................................................................................... 22
- 80
Attempt to solicit from
vehicle impoundment
22 - 81
Exceptions................................................................................................................... 22
- 84
Fine
for possession of illegal weapons........................................................................... 22
- 87
Illegal operation of a
motor vehicle/impoundment of vehicle
22 - 85
Reference
to Hearing officer......................................................................................... 22
- 86
Unlawful
Firearm in Motor Vehicle‑Impoundment......................................................... 22 -
83
Use of Vehicle For Solicitation of Prostitution ‑ Impoundment....................................... 22
- 82