Loading...
A person who is in an intoxicated or drugged condition is criminally responsible for conduct unless the condition either:
A. Negates the existence of a mental state which is an element of the offense; or
B. Is involuntarily produced and deprives him of substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of law. (1976 Code § 130.031)
A. Definition: "Cannabis" includes marijuana, hashish and other substances which are defined or regulated by the “Illinois cannabis regulation and tax act.”
B. Possession:
1. It shall be unlawful for any person knowingly to possess any quantity of cannabis in the village in excess of the amounts allowable under the “Illinois cannabis regulation and tax act.”
2. It shall be unlawful for any person to possess any quantity of cannabis in a school bus or on the grounds of any preschool, primary school, or secondary school, unless permitted for a registered medical cannabis patient under the “compassionate use of medical cannabis pilot program act.”
C. Minor Possession: It shall be unlawful for any person aged less than twenty one (21) years to possess any quantity of cannabis in the village.
D. Use Of Cannabis:
1. It shall be unlawful for any person to use any cannabis or cannabis infused product in any public place, or in any motor vehicle.
2. It shall be unlawful for any person to use any cannabis or cannabis infused product in a school bus, on the grounds of any preschool, primary school, or secondary school, unless permitted for a registered medical cannabis patient under the "compassionate use of medical cannabis pilot program act."
3. It shall be unlawful to knowingly use cannabis or any cannabis infused product in close physical proximity to any person under twenty one (21) years of age who is not a registered medical cannabis patient under the "compassionate use of medical cannabis pilot program act."
4. It shall be unlawful to smoke cannabis in any place where smoking is prohibited under the "smoke free Illinois act." (amd. Ord. 19-12-42, 12-9-2019)
A. Short Title: This section shall be known and may be cited as the PARAPHERNALIA ORDINANCE. (1976 Code § 130.060)
B. Definitions: For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning:
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 uses of a 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.
CONTROLLED SUBSTANCE:
Any drug, substance or immediate precursor enumerated in the controlled substances act, but not cannabis lawfully possessed, used, or otherwise regulated under the “Illinois cannabis regulation and tax act.”
DRUG PARAPHERNALIA: All equipment, products and materials of any kind which are commonly used, may be 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 the controlled substances act.
1. Drug paraphernalia includes, but is not limited to:
a. Kits used, intended for use or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;
b. Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substance;
c. Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance;
d. Testing equipment used, intended for use or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances;
e. Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances;
f. Diluents and adulterants, such as quinine, hydrochloride, manitol, mannite, dextrose and lactose, used, intended for use or designed for use in cutting controlled substances;
g. [Reserved].
h. Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding controlled substances;
i. Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances;
j. Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances;
k. Objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing opiates, cocaine, or other controlled substances into the human body, such as, but not limited to metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, or punctured metal bowls.
2. In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following:
a. Statements by an owner or by anyone in control of the object concerning its use;
b. Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance;
c. The proximity of the object, in time and space, to a direct violation of this subsection;
d. The proximity of the object to controlled substances;
e. The existence of any residue of controlled substances on the object;
f. Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons who, he knows or should reasonably know, intend to use the object to facilitate a violation of this subsection. The innocence of an owner, or of anyone in control of the object, as to a direct violation of this subsection shall not prevent a finding that the object is intended for use or designed for use as drug paraphernalia;
g. Instructions, oral or written, provided with the object concerning its use;
h. Descriptive materials accompanying the object which explain or depict its use;
i. National and local advertising concerning its use;
j. The manner in which the object is displayed for sale;
k. Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
l. Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;
m. The existence and scope of legitimate uses for the object in the community; and
n. Expert testimony concerning its use.
(1976 Code § 130.061)
C. Prohibitions:
1. It shall be unlawful for any person to possess, sell, offer for sale, display, furnish, supply or give away any cocaine spoon or any drug paraphernalia.
2. 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 warehousers 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.
(1976 Code § 130.062; amd. Ord. 16-08-21, 8-1-2016; Ord. 19-12-42, 12-9-2019)
Notes
| 1 |
A. Possession: The use and/or possession of tobacco in any form by a person not having reached the age of eighteen (18) years is hereby prohibited.
B. Penalty: See subsection 6-2-10A of this chapter. (Ord. 03-05-21, 5-19-2003)
No person shall fire or discharge any cannon, gun, fowling piece, pistol or firearm of any description, or fire, explode or set off any combustible or explosive material within the limits of the Village without permission from the Mayor, which permission shall limit the time and place for the firing and shall be subject to revocation by the Mayor or Village Board at any time after it is granted. (1976 Code § 130.033)
A. Definitions:
AIR RIFLE: Any air gun, air pistol, spring gun, spring pistol, BB gun, pellet gun or any implement which impels a pellet constructed of hard plastic, steel, lead or other hard materials with a force that reasonably is expected to cause bodily harm.
ARROW: A slender shaft, usually pointed at one end and feathered at the other, for shooting from a bow.
BOW: A flexible, curved strip of wood, plastic, metal, or other material with a string or cord connecting the two (2) ends, designed for shooting arrows.
DEALER: Any person, copartnership, association or corporation engaged in the business of selling at retail or renting any of the articles defined in this chapter.
SLINGSHOT: A Y-shaped piece of wood, plastic, metal, or other material with an elastic or similar band attached to the upper tips for the purpose of shooting stones or other projectiles.
B. Sale Or Use Of Air Rifles, Bows And Arrows And Slingshots: It is unlawful for: (1976 Code § 130.035)
1. Any dealer to sell, lend, rent, give or otherwise transfer any air rifle, bow and arrow or slingshot to any person under the age of eighteen (18) years where the dealer knows or has cause to believe the person to be under eighteen (18) years of age or where the dealer has failed to make reasonable inquiry relative to the age of the person and the person is under eighteen (18) years of age.
2. Any person to sell, give, lend or otherwise transfer any air rifle, bow and arrow or slingshot to any person under eighteen (18) years of age except where the relationship of parent and child, guardian and ward or adult instructor and pupil exists between such person and the person under eighteen (18) years of age, or where such person stands in loco parentis to the person under eighteen (18) years of age. (1976 Code § 130.035; amd. 2003 Code)
3. Any person to carry any air rifle, bow and arrow or slingshot on the public streets, roads, highways or public lands within the Village, unless the person carries the rifle, bow and arrow or slingshot unloaded, disassembled, broken down or dismantled in such a manner as to make same inoperable.
4. Any person to discharge any air rifle, bow and arrow or slingshot in the Village except on a safely constructed target range, or on any private grounds or residence under circumstances when the air rifle, bow and arrow or slingshot is fired, discharged or operated in such a manner as not to endanger persons or property and then only if it is used in such manner as to prevent the projectile from passing over any grounds or space outside the limits of such grounds or residence.
5. Notwithstanding any provision of this section, it is lawful for any person to have in his possession any air rifle, bow and arrow or slingshot, if it is:
a. Kept within his house of residence or other private enclosure;
b. Used by the person if he is a duly enrolled member of any club, team or society organized for educational purposes and maintaining as part of its facilities or having written permission to use an indoor or outdoor target range, and then only if the air rifle, bow and arrow or slingshot is actually being used in connection with the activities of the club, team or society; or
c. Used in or on any private grounds or residence under circumstances when the air rifle, bow and arrow or slingshot is fired, discharged or operated in such a manner as not to endanger persons or property and then only if it is used in such manner as to prevent the projectile from passing over any grounds or space outside the limits of such grounds or residence.
6. The provisions of this subsection B do not prohibit sales of air rifles, bows and arrows or slingshots:
a. By wholesale dealers or jobbers;
b. To be shipped out of the State;
c. To be used at a target range operated in accordance with subsection B5 of this section or by members of the armed services of the United States or veterans' organizations.
7. Any police officer shall seize, take, remove or cause to be removed at the expense of the owner, any air rifle, bow and arrow or slingshot sold or used in any manner in violation of this subsection B. (1976 Code § 130.035)
Loading...