6-2-1-2: POSTING BILLS:

It shall be unlawful for any person to post any bills or advertisements on any public property without the authority of the mayor and village board of trustees; and it shall be unlawful to post any bill or advertisement on any property without the written consent of the owner thereof. (1976 Code § 130.005)

6-2-1-3: ADVERTISING MATERIALS; PLACEMENT:

It shall be unlawful for any person, whether a licensed bill poster or not, to distribute handbills, circulars, dodgers, pamphlets, cards, pictures or advertising matter of any kind whatsoever, by placing the same in or on any motor vehicle standing or parked in the village. (1976 Code § 130.030)

6-2-1-4: LITTERING:

It is unlawful for any person to throw or deposit any straw, dirt, filth, shells, coal, ashes or other rubbish in any street, alley or other public place in the village. (1976 Code § 130.034)

6-2-1-5: DECEPTIVE PRACTICES:

   A.   Definitions:

   ACCOUNT HOLDER: Any person, having a checking account or savings account in a financial institution.

   FINANCIAL INSTITUTION: Any bank, savings and loan association, credit union or other depository of money or medium of savings and collective investment.

   INTENT TO DEFRAUD: To act wilfully, and with the specific intent to deceive or cheat, for the purpose of causing financial loss to another, or to bring some financial gain to oneself. It is not necessary to establish that any person was actually defrauded or deceived.

   B.   Offense: A person commits a deceptive practice when:

      1.   With intent to defraud, he causes another, by deception or threat, to execute a document disposing of property or a document by which a pecuniary obligation is incurred; or

      2.   With intent to obtain control over property or to pay for property, labor or services of another, he issues or delivers a check or other order on a real or fictitious depository for the payment of money, knowing that it will not be paid by the depository. Failure to have sufficient funds or credit with the depository when the check or other order is issued or delivered is prima facie evidence that the offender knows that it will not be paid by the depository, and that he has the intent to defraud. (1976 Code § 130.006)

6-2-1-6: CRIMINAL DAMAGE TO PROPERTY:

A person commits criminal damage to property when he:

   A.   Knowingly damages any property of another without his consent; or

   B.   Recklessly, by means of fire or explosives, damages property of another; or

   C.   Knowingly starts a fire on the land of another without his consent; or

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

   E.   Knowingly injures a domestic animal of another without his consent; or

   F.   Knowingly shoots a firearm at any portion of a railroad train; or

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

   H.   Wilfully and maliciously cuts, injures, damages, tampers with or destroys or defaces any fire hydrant or any fire hose or any fire engine, or other public or private firefighting equipment, or any apparatus appertaining to such equipment, or intentionally opens any fire hydrant without proper authorization. (1976 Code § 130.007)

6-2-1-7: CRIMINAL TRESPASS:

   A.   A person commits criminal trespass when he or she:

      1.   Knowingly and without lawful authority enters or remains within or on a building; or

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

      3.   Remains upon the land of another, after receiving notice from the owner or occupant to depart; or

      4.   Enters upon one of the following areas in or on a motor vehicle (including an off road vehicle, motorcycle, moped, or any other powered 2-wheel vehicle), after receiving prior to that entry, notice from the owner or occupant that the entry is forbidden or remains upon or in the area after receiving notice from the owner or occupant to depart:

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

         b.   An enclosed area containing livestock; or

         c.   An orchard; or

         d.   A barn or other agricultural building containing livestock;

For purposes of subsection A1 of this section, this section shall not apply to being in a building which is open to the public while the building is open to the public during its normal hours of operation; nor shall this section apply to a person who enters a public building under the reasonable belief that the building is still open to the public.

   B.   A person has received notice from the owner or occupant within the meaning of subsection A of this section if he has been notified personally, either orally or in writing including a valid court order as defined by subsection (7) of section 112A-3 of the code of criminal procedure of 1963 1 granting remedy (2) of subsection (b) of section 112A-14 of that code 2 , or if a printed or written notice forbidding such entry has been conspicuously posted or exhibited at the main entrance to such land or the forbidden part thereof.

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

   D.   A person shall be exempt from prosecution under this section if he beautifies unoccupied and abandoned residential and industrial properties located within any municipality. For the purpose of this subsection, "unoccupied and abandoned residential and industrial property" means any real estate: 1) in which the taxes have not been paid for a period of at least two (2) years; and 2) which has been left unoccupied and abandoned for a period of at least one year; and "beautifies" means to landscape, clean up litter, or to repair dilapidated conditions on or to board up windows and doors.

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

   F.   This section does not prohibit a person from entering a building or upon the land of another for emergency purposes. For purposes of this subsection, "emergency" means a condition or circumstance in which an individual is or is reasonably believed by the person to be in imminent danger of serious bodily harm or in which property is or is reasonably believed to be in imminent danger of damage or destruction. (Ord. 04-06-24, 6-7-2004)

 

Notes

1	1. 725 ILCS 5/112A-3.
2	2. 725 ILCS 5/112A-14.

6-2-1-8: SMOKE FREE ILLINOIS ACT:

   A.   Definitions: As used in this section, the below terms shall have the following ascribed meanings:

   BAR: An establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and that derives no more than ten percent (10%) of its gross revenue from the sale of food consumed on the premises. "Bar" includes, but is not limited to, taverns, nightclubs, cocktail lounges, adult entertainment facilities, and cabarets.

   EMPLOYEE: A person who is employed by an employer in consideration for direct or indirect monetary wages or profits or a person who volunteers his or her services for a nonprofit entity.

   EMPLOYER: A person, business, partnership, association, or corporation, including a municipal corporation, trust, or nonprofit entity, that employs the services of one or more individual persons.

   ENCLOSED AREA: All space between a floor and a ceiling that is enclosed or partially enclosed with: 1) solid walls or windows, exclusive of doorways, or 2) solid walls with partitions and no windows, exclusive of doorways, that extend from the floor to the ceiling, including, without limitation, lobbies and corridors.

   ENCLOSED OR PARTIALLY ENCLOSED SPORTS ARENA: Any sports pavilion, stadium, gymnasium, health spa, boxing arena, swimming pool, roller rink, ice rink, bowling alley, or other similar place where members of the general public assemble to engage in physical exercise or participate in athletic competitions or recreational activities or to witness sports, cultural, recreational, or other events.

   GAMING EQUIPMENT OR SUPPLIES: Gaming equipment/supplies as defined in the Illinois gaming board rules of the Illinois administrative code.

   GAMING FACILITY: An establishment utilized primarily for the purposes of gaming and where gaming equipment or supplies are operated for the purposes of accruing business revenue.

   HEALTHCARE FACILITY: An office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including, but not limited to, hospitals, rehabilitation hospitals, weight control clinics, nursing homes, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists, and all specialists within these professions. "Healthcare facility" includes all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within healthcare facilities.

   PLACE OF EMPLOYMENT: Any area under the control of a public or private employer that employees are required to enter, leave, or pass through during the course of employment, including, but not limited to, entrances and exits to places of employment, including a minimum distance of fifteen feet (15') from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited; offices and work areas; restrooms; conference and classrooms; break rooms and cafeterias; and other common areas. A private residence or home based business, unless used to provide licensed childcare, foster care, adult care, or other similar social service care on the premises, is not a "place of employment".

   PRIVATE CLUB: A not for profit association that: 1) has been in active and continuous existence for at least three (3) years prior to the effective date of this amendatory act of the 95th general assembly, whether incorporated or not, 2) is the owner, lessee, or occupant of a building or portion thereof used exclusively for club purposes at all times, 3) is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for pecuniary gain, and 4) only sells alcoholic beverages incidental to its operation. For purposes of this definition, "private club" means an organization that is managed by a board of directors, executive committee, or similar body chosen by the members at an annual meeting, has established bylaws, a constitution, or both to govern its activities, and has been granted an exemption from the payment of federal income tax as a club under 26 USC 501.

   PRIVATE RESIDENCE: The part of a structure used as a dwelling, including, without limitation, a private home, townhouse, condominium, apartment, mobile home, vacation home, cabin, or cottage. For the purposes of this definition, a hotel, motel, inn, resort, lodge, bed and breakfast or other similar public accommodation, hospital, nursing home, or assisted living facility shall not be considered a private residence.

   PUBLIC PLACE: That portion of any building or vehicle used by and open to the public, regardless of whether the building or vehicle is owned in whole or in part by private persons or entities, the state of Illinois, the village of Antioch, or any other public entity and regardless of whether a fee is charged for admission, including a minimum distance of fifteen feet (15') from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited. A "public place" does not include a private residence unless the private residence is used to provide licensed childcare, foster care, or other similar social service care on the premises. A "public place" includes, but is not limited to, hospitals, restaurants, retail stores, offices, commercial establishments, elevators, indoor theaters, libraries, museums, concert halls, public conveyances, educational facilities, nursing homes, auditoriums, enclosed or partially enclosed sports arenas, meeting rooms, schools, exhibition halls, convention facilities, polling places, private clubs, gaming facilities, all government owned vehicles and facilities, healthcare facilities or clinics, enclosed shopping centers, retail service establishments, financial institutions, educational facilities, ticket areas, public hearing facilities, public restrooms, waiting areas, lobbies, bars, taverns, bowling alleys, skating rinks, reception areas, and no less than seventy five percent (75%) of the sleeping quarters within a hotel, motel, resort, inn, lodge, bed and breakfast, or other similar public accommodation that are rented to guests, but excludes private residences.

   RESTAURANT: An eating establishment, including, but not limited to, coffee shops, cafeterias, sandwich stands, and private and public school cafeterias, that gives or offers for sale food to the public, guests, or employees, and a kitchen or catering facility in which food is prepared on the premises for serving elsewhere. "Restaurant" includes a bar area within the restaurant.

   RETAIL TOBACCO STORE: A retail establishment that derives more than eighty percent (80%) of its gross revenue from the sale of loose tobacco, plants, or herbs and cigars, cigarettes, pipes, and other smoking devices for burning tobacco and related smoking accessories and in which the sale of other products is merely incidental. "Retail tobacco store" does not include a tobacco department or section of a larger commercial establishment or any establishment with any type of liquor, food, or restaurant license.

   SMOKE OR SMOKING: Inhaling, exhaling, burning or carrying any lighted or burning cigarette, cigar, pipe, hookah pipe, pipe weed, or other lighted tobacco product in any manner or in any form.

   B.   Smoking Prohibited In Public Places And Places Of Employment:

      1.   It shall be unlawful for any person to smoke in any public place or place of employment within the village of Antioch.

      2.   It shall be unlawful for any person to smoke in any place designated as a "no smoking area", as provided in subsection D of this section.

      3.   It shall be unlawful for an employer to knowingly permit smoking in any enclosed area in any place of employment.

      4.   It shall be unlawful for an employer, owner, occupant or lessee in control of a public place to knowingly permit smoking in any enclosed area in said public place.

      5.   It shall be unlawful for an employer, owner, occupant or lessee in control of a public place to fail to post signage or remove ash trays, as provided in subsection E of this section.

   C.   Exemptions: The prohibitions on smoking set forth in this section shall not apply to:

      1.   Hotel and motel sleeping rooms that are rented to guests and are designated as smoking rooms; provided that all smoking rooms on the same floor must be contiguous and smoke from these rooms must not infiltrate into nonsmoking rooms or other areas where smoking is prohibited under the provisions of this section. Not more than twenty five percent (25%) of the rooms rented to guests in a hotel or motel may be designated as rooms where smoking is permitted. The status of rooms as smoking or nonsmoking may not be changed, except to add additional nonsmoking rooms.

      2.   Private vehicles, not including public transportation facilities or government vehicles.

      3.   Private residences or dwelling places except when used as a childcare, adult daycare, healthcare facility, or any other home based business open to the public.

      4.   Private and semiprivate rooms in nursing homes and long term care facilities that are occupied by one or more persons, all of whom are smokers and have requested in writing to be placed in a room where smoking is permitted.

      5.   Any public place or place of employment that is a tobacco dealer, whose principal business is the sale of retail of tobacco and tobacco related products; provided that smoke generated by smoking on the premises of the tobacco dealer does not infiltrate into enclosed areas where smoking is otherwise prohibited; and no food or liquor license has been granted.

   D.   Designation Of Other No Smoking Areas: Notwithstanding any other provision of this section, any employer, owner, occupant, lessee, operator, manager, or other person in control of any public place or place of employment may designate a nonenclosed area of said public place or place of employment, including outdoor areas, as an area where smoking is also prohibited, provided that such employer, owner, occupant, lessee, operator, manager, or other person in control shall conspicuously post signs prohibiting smoking in the manner described in subsection E of this section.

   E.   Responsibilities Of Proprietors: Each owner, lessee, occupant, employer or other person in control of a public place or a place of employment shall be responsible for all the following:

      1.   Post conspicuous signs no smaller than five inches by seven inches (5" x 7") in enclosed areas and the entrance or vestibule to the public place, place of employment or the building wherein they are located, as the case may be, bearing the text "no smoking" or the international "no smoking" symbol, which consists of a pictorial representation of a cigarette enclosed in a circle with a bar across it. Such signs shall also be posted outside of the main entrance to the public place or place of employment, shall reference the fifteen foot (15') buffer zone in which smoking is prohibited, and contain the telephone numbers of the designated enforcement authorities noted in this section, in addition to the telephone number and website designated by the Illinois department of public health for registering complaints.

      2.   Remove ash trays or other similar containers intended for the deposit of tobacco ash, cigarettes, cigars or other tobacco products from public places.

      3.   Request any person who smokes in an area where smoking is prohibited to refrain from smoking, and if the person continues to smoke, request the person to leave.

      4.   Notify employees regarding the requirements of this section.

   F.   Enforcement:

      1.   This section shall be enforced by the village of Antioch police department.

      2.   Notice of the provisions of this section shall be given to all applicants for a business license in the village of Antioch.

      3.   Any citizen who desires to register a complaint under this section may initiate enforcement by contacting the village of Antioch police department.

      4.   An employer, owner, lessee, manager, operator, or employee of an establishment regulated by this section shall inform persons violating this section of the appropriate provisions thereof and request that the violator cease smoking in a prohibited area and, if the person continues to smoke, request the person to leave.

   G.   Penalties:

      1.   Any person who shall violate subsection B1 or B2 of this section shall, on conviction thereof, be punished by a fine of one hundred dollars ($100.00) for a first violation and two hundred fifty dollars ($250.00) for any subsequent violations within one year. Each day in which a violation of subsection B1 or B2 of this section occurs constitutes a separate and distinct violation.

      2.   Any person who shall violate subsection B3 or B4 of this section shall, on conviction thereof, be punished by a fine of five hundred dollars ($500.00) upon conviction for the first violation and seven hundred fifty dollars ($750.00) for each subsequent conviction stemming from a violation within one year of the initial violation of subsection B3 or B4 of this section. Each day in which a violation of subsection B3 or B4 of this section occurs constitutes a separate and distinct violation.

      3.   Any person who shall violate subsection B5 of this section shall, on conviction thereof, be punished by a fine of two hundred fifty dollars ($250.00) for each violation. Each day during which a violation of subsection B5 of this section continues beyond the specified time for correction shall constitute a separate punishable offense, although owners, operators, managers or other controllers of public places and places of employment shall be given a reasonable time to come into compliance with subsection B5 of this section following issuance of a notice of violation, but such period shall not, in any event, exceed one week.

      4.   In addition to the fines established by this subsection G, violation of this section by a person who owns, manages, operates, or otherwise controls a public place or place of employment may result in the suspension or revocation of any permit or license issued to the person for the premises on which the violation occurred.

      5.   Violation of this section is hereby declared to be a public nuisance, which may be abated by an action in the circuit court for injunctive relief, or other means provided for by law, and the village may take action to recover the costs of the nuisance abatement. (Ord. 07-12-38, 12-17-2007, eff. 1-1-2008)