A. Generally: No person shall loiter so as to obstruct any street, sidewalk, building entrance, public building or other public place in the Village after being directed to move on by any police officer.
B. Drug Related Loitering:
1. It is unlawful for any person to loiter in or near any thoroughfare, or place open to the public, for the purpose of engaging in activity contrary to any of the provisions of the Illinois Controlled Substances Act 1 , the Illinois Cannabis Control Act 2 , or any other local, State or Federal law prohibiting the manufacture, distribution, delivery, use or possession of a controlled substance (hereinafter "drug laws").
2. Among the circumstances which may be considered in determining whether such purpose is manifested are the following:
a. Such person is a known unlawful drug user, possessor or seller. For purposes of this section, a "known unlawful drug user, possessor or seller" is a person who has, within the knowledge of the arresting officer, been convicted in any court within this State or any other state of any violation involving the use, possession or sale of any of the substances referred to in the drug laws within the previous year, or a person who displays physical characteristics of drug intoxication or usage, such as "needle tracks", or a person who possesses drug paraphernalia as defined in the Illinois drug paraphernalia control act 3 ;
b. Such person is currently subject to an order of court prohibiting his presence in a high drug activity geographic area and such person is located in such an area;
c. Such person behaves in such a manner as to raise a reasonable suspicion that he is about to engage in or is then engaged in an unlawful drug related activity, including, but not limited to, such person acting as "lookout";
d. Such person is a known member of a "gang" or association which has as its purpose illegal drug activity; for purposes of this section, a "known member of a gang" is a person who has, within the knowledge of the arresting officer, been convicted in any court, within the previous year, of any violation involving illegal gang activity;
e. Such person transfers small objects or packages for currency in a furtive fashion;
f. Such person takes flight upon the appearance of a police officer;
g. Such person manifestly endeavors to conceal himself or any object which reasonably could be involved in an unlawful drug related activity.
3. No determination of intent shall be made absent an affirmative act by a person to be charged, which act or acts, when taken in the context of the totality of the surrounding circumstances, shall constitute a substantial step towards the violation of the aforementioned drug laws.
C. Fine Imposed: Upon a finding of guilty for violation of this section, there shall be imposed a fine up to seven hundred fifty dollars ($750.00). In addition to the fine, the court may require that a party guilty of violating this section shall participate in community service.
D. Unlawful To Allow Minor To Violate Section: It shall be unlawful for a parent or legal guardian to allow an unemancipated minor to engage in acts in violation of this section. If a minor shall fail to pay a fine lawfully imposed on him, each parent or legal guardian of the minor shall be jointly and severally liable for said fine. (Ord. 62-2011, 10-25-2011)
Notes
| 1 | 1. 720 ILCS 570/100 et seq. |
| 2 | 2. 720 ILCS 550/1 et seq. |
| 3 | 3. 720 ILCS 600/1 et seq. |