For purposes of this chapter, the following words and phrases shall have the following meanings ascribed to them:
CHRONIC NUISANCE PROPERTY: Any property or dwelling unit within the corporate limits of the Village of Bartlett at, in or upon which any three (3) or more nuisance activities have occurred within any twelve (12) month period as a result of three (3) separate factual events that have been independently investigated by authorized sworn personnel of the Village of Bartlett.
CONTACT: Any communication made by a tenant, occupant, landlord, owner, guest, neighbor or other individual to police or other emergency services.
CONTROL: The ability to regulate, restrain, dominate, counteract or govern conduct that occurs on that property.
DISABILITY: With respect to a person: a) a physical or mental impairment which substantially limits one or more of such person's major life activities; b) a record of having such impairment; or c) being regarded as having such an impairment; but such term does not include current, illegal use of or addiction to a controlled substance as defined in the Federal Controlled Substance Act, 21 USC 802.
DOMESTIC VIOLENCE: The meaning provided under section 10 of the Safe Homes Act, 765 Illinois Compiled Statutes 750/10.
DWELLING UNIT: The meaning provided under section 15 of the Landlord and Tenant Act, 765 Illinois Compiled Statutes 705/15.
LANDLORD: The meaning provided under section 10 of the Safe Homes Act, 765 Illinois Compiled Statutes 750/10, and shall be included in the definition of the term owner.
NUISANCE ACTIVITIES: Any criminal activity, including any of the following activities, behaviors, or conduct, as defined by Federal or State and/or Municipal ordinance where a citation is given, an arrest is made, or a violation has been documented:
A. Any offense defined and prohibited by article 9 (homicide) of the Criminal Code of 2012, 720 Illinois Compiled Statutes 5/9-1 et seq.;
B. Any offense defined and prohibited by article 10 (kidnapping and related offenses) of the Criminal Code of 2012, 720 Illinois Compiled Statutes 5/10-1 et seq.;
C. Reserved.
D. Any offense defined and prohibited by article 12 (bodily harm) of the Criminal Code of 2012, 720 Illinois Compiled Statutes 5/12-0.1 et seq.;
E. Any offense defined and prohibited by article 16 (theft and related offenses) of the Criminal Code of 2012, 720 Illinois Compiled Statutes 5/16-0.1, et seq.;
F. Any offenses defined and prohibited by article 17 (deception and fraud) of the Criminal Code of 2012, 720 Illinois Compiled Statutes 5/17-1 et seq.;
G. Any offense defined and prohibited by article 18 (robbery) of the Criminal Code of 2012, 720 Illinois Compiled Statutes 5/18-1 et seq.;
H. Any offense defined and prohibited by article 19 (burglary) of the Criminal Code of 2012, 720 Illinois Compiled Statutes 5/19-1 et seq.;
I. Any offense defined and prohibited by article 20 (arson) of the Criminal Code of 2012, 720 Illinois Compiled Statutes 5/20-1, et seq.;
J. Any offense defined and prohibited by article 21 (damage and trespass to property) of the Criminal Code of 2012, 720 Illinois Compiled Statutes 5/21-1 et seq.;
K. Any offense defined and prohibited by article 24 (deadly weapons) of the Criminal Code of 2012, 720 Illinois Compiled Statutes 5/24-1 et seq.;
L. Any offense defined and prohibited by article 25 (mob action and related offenses) of the Criminal Code of 2012, 720 Illinois Compiled Statutes 5/25-1 et seq.;
M. Any offense defined and prohibited by article 26 (disorderly conduct) of the Criminal Code of 2012, 720 Illinois Compiled Statutes 5/26-1 et seq.;
N. Any offense defined and prohibited by article 28 (gambling and related offenses) of the Criminal Code of 2012, 720 Illinois Compiled Statutes 5/28-1 et seq.;
O. Any offense defined and prohibited by article 29 (bribery in contests) of the Criminal Code of 2012, 720 Illinois Compiled Statutes 5/29-1, et seq.;
P. Any offense defined and prohibited by article 30 (treason and related offenses) of the Criminal Code of 2012, 720 Illinois Compiled Statutes 5/30-1 et seq.;
Q. Any offense defined and prohibited by article 31 (interference with public officers) of the Criminal Code of 2012, 720 Illinois Compiled Statutes 5/31-1 et seq.;
R. Any inchoate offense defined and prohibited by article 8 (inchoate offenses) of the Criminal Code of 2012, 720 Illinois Compiled Statutes 5/8-1 et seq., which is relative to the commission of any of the aforesaid principal offenses;
S. S. Any offense defined and prohibited by the Cannabis Control Act, 720 Illinois Compiled Statutes 550/4(c) (d) (e) (f) or (g), 720 Illinois Compiled Statutes 550/5(b) (c) (d) (e) (f) or (g), or 720 Illinois Compiled Statutes 550/5.3 unless authorized by the Compassionate Use of Medical Cannabis Program Act or by the Community College Cannabis Vocational Pilot Program, 410 Illinois Compiled Statutes, 705/Art. 25;
T. Any offense defined and prohibited by the Illinois Controlled Substances Act, 720 Illinois Compiled Statutes 570/100 et seq.; or any offense defined and prohibited by the Methamphetamine Control and Community Protection Act, 720 Illinois Compiled Statutes 646/1 et seq.;
U. Any offense defined and prohibited by section 6-16 (prohibited sales and possession) or section 6-20 (purchase or acceptance of gift of liquor by persons under age 21) of the Liquor Control Act of 1934, 235 Illinois Compiled Statutes 5/6-16 and 5/6-20;
V. Any violation of, action brought under, or the engagement in street gang related criminal activity, enterprise, pursuit or undertaking, or course or pattern of criminal activity defined and actionable under the Illinois Streetgang Terrorism Omnibus Prevention Act, 740 Illinois Compiled Statutes 147/1 et seq.;
W. Any unlawful contact with a street gang member or gang member as defined in the Illinois Streetgang Terrorism Omnibus Prevention Act, 740 Illinois Compiled Statutes 147/1 et seq., and otherwise prohibited under the Criminal Code of 2012, 720 Illinois Compiled Statutes 5/1-1 et seq.;
X. Notwithstanding the foregoing provisions set forth in this definition of nuisance activities (including subsections A through W inclusive of this definition), pursuant to section 1-2-1.5 of the Illinois Municipal Code, 65 Illinois Compiled Statutes 5/1-2-1.5, the following activities, behavior or conduct are hereby excluded from this definition of nuisance activities:
1. Contact made to police or other emergency services, if:
a. The contact was made with the intent to prevent or respond to domestic violence or sexual violence;
b. The intervention of emergency assistance was needed to respond to or prevent domestic violence or sexual violence;
c. The contact was made by, on behalf of, or otherwise concerns an individual with a disability and the purpose of the contact was related to that individual's disability;
2. An incident or incidents of actual or threatened domestic violence or sexual violence against a tenant, household member, or guest occurring in the dwelling unit or on the property within the Village of Bartlett; or
3. Criminal activity or a local ordinance violation occurring in a dwelling unit or on the property that is directly relating to domestic violence or sexual violence engaged in by a tenant, member of a tenant's household, guest, or other party, and against a tenant, household member, guest or other party.
Y. Notwithstanding the exclusions set forth in subsections X1, X2 and/or X3 of this definition, nothing set forth therein limits the enforcement of: 1) section 15.2 of the Emergency Telephone System Act, 50 Illinois Compiled Statutes, 750/15.2; 2) article 26 of the Criminal Code of 2012, 720 Illinois Compiled Statutes, 5/26-1, et seq.; or 3) article X of the Code of Civil Procedure, 735 Illinois Compiled Statutes 5/10-101 et seq.; or 4) prohibits the Village from enacting or enforcing ordinances to impose penalties on the basis of the underlying criminal activity or local ordinance violation not covered by subsections X1, X2, and/or X3 of this definition to the extent otherwise permitted by State and Federal laws; or 5) limits or prohibits the eviction of or imposition of penalties on the perpetrator of the domestic violence, or other criminal activity.
OCCUPANT: Any person in actual or constructive possession of any real property within the corporate limits of the Village of Bartlett, or any of the buildings, structures, fixtures or improvements located thereon, and shall include any "tenant" as that term is defined in section 10 of the Safe Homes Act, 765 Illinois Compiled Statutes 750/10.
OWNER: Any person having any legal or equitable interest whatsoever in any real property within the corporate limits of the Village of Bartlett, together with the buildings, structures, fixtures or improvements located thereon, or who, by any means whatsoever, has the ability, authority or right to regulate, restrain, control, direct or affect the conduct of persons present on any such property and shall include, but shall not be limited to, a mortgagee in possession who is vested all or part of the legal title to the property, and/or all or a part of the beneficial ownership and rights to the present use and enjoyment of the property, and/or any person acting as an agent for any person having any such legal or equitable interest, and shall include any "landlord" as that term is defined in section 10 of the Safe Homes Act, 765 Illinois Compiled Statutes 750/10.
PERMIT: To allow, approve, consent to, acquiesce in, agree to, suffer or fail to prevent through inaction.
PERSON: Any natural individual, corporation, firm, partnership, joint venture, limited liability company, land trust, unincorporated association or any other group, enterprise or entity capable of owning, using or occupying property.
PERSON IN CHARGE: Any person in actual or constructive possession of the property, including, but not limited to, an owner, property manager or occupant of property under his, her, their or its control.
PROPERTY: Any real property, together with any premises, house, rooms, buildings, structures, improvements or fixtures located thereon or affixed thereto, or any separate part or portion thereof whether permitted or not.
SEXUAL VIOLENCE: The meaning provided under section 10 of the Safe Homes Act, 765 Illinois Compiled Statutes 750/10.
SUBSIDIZED HOUSING: The meaning provided under section 9-119 of the Code of Civil Procedure, 735 Illinois Compiled Statutes 5/9-119.
TENANT: The meaning provided under section 10 of the Safe Homes Act, 765 Illinois Compiled Statutes 750/10. (Ord. 2017-114, 9-5-2017; amd. Ord. 2019-106, 12-17-2019)
Notes
| 1 | 1. 720 ILCS 5/1-1, et seq. |
| 2 | 2. 720 ILCS 550/1, et seq. |
| 3 | 3. 720 ILCS 570/100, et seq. |
| 4 | 4. 720 ILCS 646/1, et seq. |