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GENERAL PROVISIONS
No person shall abandon or discard, in any place accessible to children, any refrigerator, icebox or ice chest of a capacity of one and one-half cubic feet or more, which has an attached lid or door, which may be opened or fastened shut by means of an attached latch or, being the owner, lessee or manager of such place, knowingly permit such abandoned or discarded refrigerator, icebox or ice chest to remain there in such condition.
(Prior Code, § 130.01) Penalty, see § 130.99
(A) No person shall appear in public in a state of intoxication, engage in any fight or quarrel, cause, permit or procure any dog or cock fight or engage in any type of disorderly conduct.
(B) Any one of the following acts shall, when committed within the city, be considered as disorderly conduct:
(1) To commit an assault or an assault and battery;
(2) To provoke a breach of the peace or to use any violent, threatening, profane or indecent language to the disturbance of any person or to use any threatening or abusive language toward any other person;
(3) To make, countenance or assist in making any improper noise, riot, disturbance or breach of the peace;
(4) To be openly lewd or do any act of public indecency tending to debauch the public morals or appear in public naked or indecently exposed;
(5) To shoot any bird or animal or hunt with any gun or dog or discharge any firearm or other dangerous weapon in any street, highway, alley, thoroughfare, park or public grounds;
(6) To interrupt or disturb any assembly of people met for the worship of God or any school or other assembly or procession of people met for lawful purpose;
(7) To overload, overwork, cruelly beat, torture, mutilate or cruelly kill any animal or cause or knowingly allow the same to be done;
(8) To injure, destroy, deface or assist in injuring, destroying or defacing any bridge, fence, building, school house, church building, depot, house, public building, street, sign, lamp post, sidewalk or hydrant or to write or place any indecent or bawdy words or pictures or advertisements thereon;
(9) To keep or maintain a house of ill fame, assignation or place for the practice of prostitution or lewdness or to patronize or be an inmate of the same, or to let, own or be interested in any house, room or other premises for any such purpose or to keep an ill-governed, disorderly house, to the encouragement of idleness, gaming, drinking, fornication or other misbehavior;
(10) For any person, except law enforcement officials and persons properly licensed to do so, to carry or wear under his or her clothes or concealed about his or her person, any pistol, revolver, slingshot, metal knuckles, dirk, dagger, knife or other dangerous or deadly weapon;
(11) For any person to exhibit, sell or offer to sell, give away or offer to give away or otherwise disseminate or have in such person’s possession, any obscene or indecent book, pamphlet, paper, drawing, lithograph, engraving, picture, daguerreotype, photograph, stereoscopic picture, model, cast instrument or article for indecent or immoral use or any other thing tending to debauch the public morals;
(12) For any person to manage or use any device or play any game with intent to cheat or defraud another;
(13) Loitering in or about any public park, public building, public street, public sidewalk or other public thoroughfare or in or about any private property which is generally open and accessible to the public, when such loitering:
(a) Causes a clear and present danger of riot;
(b) Will clearly cause an immediate, actual, physically violent reaction from any person thereby causing a clear and present threat to the public peace;
(c) Causes actual interference, disturbance or annoyance to the comfort or repose of any person using such public property in a lawful and customary manner; or
(d) Obstructs or interferes with the free and normal passage of pedestrians or vehicles.
(14) Failing to depart or disperse from any public park, public building, public street, public sidewalk or other public thoroughfare or from any private property which is generally open and accessible to the public, upon the order of a duly authorized police officer or other legally authorized conservator of the peace when such order has been given for the purpose of preventing or suppressing any of the foregoing enumerated acts of disorderly conduct;
(15) Transmits, in any manner to the fire department of any city, town, village or fire protection district, a false alarm of fire, knowing at the time of such transmission that there is no reasonable ground for believing that such fire exists;
(16) Transmits, in any manner to another, a false alarm to the effect that a bomb or other explosive of any nature is concealed in such place that its explosion would endanger human life, knowing at the time of such transmission that there is no reasonable ground for believing that such bomb or explosive is concealed in such place;
(17) Transmits, in any manner to any peace officer, public officer or public employee, a report to the effect that an offense has been committed, knowing at the time of such transmission that there is no reasonable ground for believing that such an offense has been committed; and/or
(18) Enters upon the property of another and for a lewd or unlawful purpose or deliberately looks into a dwelling on the property through any window or other opening in it.
(Prior Code, § 130.02) (Ord. 2018-049, passed 9-25-2018) Penalty, see § 130.99
(A) (1) No vagrant or mendicant shall frequent any depot, railroad yard, theater, street, alley, sidewalk, park, public building or any place frequented by the public in the city.
(2) All persons who go about begging, all persons who are idle or dissolute and do not lawfully provide for themselves or for their families, all persons having no lawful means of support who habitually spend their time in houses of ill fame or in gaming houses or who are habitually found loitering or prowling around any depot, railroad yard, theater, street alley, sidewalk, park, public building or place frequented by the public and all persons lodging in or found in the nighttime in outhouses, sheds, barns or unoccupied buildings or lodging in the open air and unable to justify their presence in such place are declared to be vagrants or mendicants within the meaning of this section.
(B) (1) Whenever a police officer observes a person whom he or she reasonably believes to be a criminal street gang member loitering in any public place with one or more other persons, he or she shall order all such persons to disperse and remove themselves from the area. Any person who does not promptly obey such an order is in violation of this division (B).
(2) It shall be an affirmative defense to an alleged violation of this division (B) that no person who was observed loitering was in fact a member of a criminal street gang.
(3) For the purpose of this division (B), the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CRIMINAL GANG ACTIVITY.
1. Definition. The commission, attempted commission or solicitation of the following offenses; provided that, the offenses are committed by two or more persons or by an individual at the direction of, or in association with, any criminal street gang with the specific intent to promote, further or assist in any criminal conduct by gang members.
2. Criminal code reference. The following sections of the Criminal Code of 2012: 720 ILCS 5/9-1 (murder), 9-3.3 (drug-induced homicide), 10-1 (kidnapping), 10-4 (forcible detention), 11-1.30 (aggravated criminal sexual assault), 12-2 (aggravated assault-discharging firearm), 12-3.05 (aggravated battery), 12-6 (intimidation), 12-6.5 (compelling organization membership of persons), 18-1 (robbery), 18-2 (armed robbery), 19-1 (burglary), 19-3 (residential burglary), 19-5 (criminal fortification of a residence or building), 19-6 (home invasion), 20-1 (arson), 20-1.1 (aggravated arson), 20-2 (possession of explosives or explosive or incendiary devices), 24-1(a)(6), (a)(7) or (a)(9) (unlawful use of weapons), 24-1.1 (unlawful use or possession of weapons by felons or persons in the custody of the Department of Corrections facilities), 24-1.2 (aggravated discharge of a firearm), 25.1 (mob action), 33-1 (bribery), 33A-2 (armed violence); 720 ILCS 550/5, 5.1, 7 or 9 of the Cannabis Control Act where the offense is a felony (manufacture or delivery of cannabis, cannabis trafficking, calculated criminal cannabis conspiracy and related offenses); or 720 ILCS 570/401, 401.1, 405, 406.1, 407 or 407.1 of the State Controlled Substances Act (illegal manufacture or delivery of a controlled substance, controlled substance trafficking, calculated criminal drug conspiracy and related offenses); are adopted by reference.
CRIMINAL STREET GANG. Any on- going organization, association in fact or group of three or more persons, whether formal or informal, having as one of its substantial activities the commission of one or more of the criminal acts enumerated in division (B)(1) above and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity.
LOITER. To remain in any one place with no apparent purpose.
PATTERN OF CRIMINAL GANG ACTIVITY. Two or more acts of criminal gang activity of which at least two such acts were committed within five years of each other and at least one such act occurred after the effective date of this division (B).
PUBLIC PLACE. The public way and any other location open to the public whether publicly or privately owned.
(4) The ordinance from which the provisions of this division (B) derive shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. A full, true and complete copy of this division (B) shall be published in pamphlet form, by authority of the City Council as corporate authorities.
(Prior Code, § 130.03) (Ord. 93-234, passed 10-26-1993) Penalty, see § 130.99
(A) (1) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DESTRUCTIVE DEVICE. Any explosive, incendiary or poison gas:
1. Bomb;
2. Grenade;
3. Rocket having a propellant charge of more than four ounces;
4. Missile having an explosive or incendiary charge of more than one-fourth of an ounce;
5. Mine; or
6. Device similar to any of the devices described in the preceding clauses.
FIREARM.
1. Any weapon, excluding a starter gun, which will, or is designed to, or may readily be converted to, expel a projectile by the action of an explosive; or
2. Any destructive device.
(2) Fire or discharge. No person shall fire or discharge any gun, pistol or other type of firearm within the city, except upon premises used by a lawful shooting gallery, gun club, rifle club or target range.
(3) Exceptions.
(a) The provisions of division (A)(2) above shall not apply to sheriffs, coroners, constables, bank or other security guards when engaged in the lawful performance of their duties, members of the police force or any peace officers engaged in the discharge of their official duties or to any person summoned by any such officers to assist in making arrests or preserving the peace while the person so summoned is engaged in assisting the officer.
(b) The provisions of division (A)(2) above shall not apply to any person who has obtained a permit to discharge any such gun, pistol or any other type of firearm from the City Council.
(4) Permit provisions.
(a) Applications for the permit required under this division (A)(4) shall be made in writing to the City Clerk. Each application shall state the name and address of the applicant, the location where the applicant wishes to discharge the firearm, the purpose for discharging the firearm, the type of firearm to be discharged, the person who shall discharge the firearm, the date and time when the discharge shall occur and such additional information needed for the proper guidance.
(b) Forms and applications for the permit shall be prepared and kept on file by the City Clerk.
(c) 1. All applications for the permits shall be reported to the City Council and shall be referred to the License and Police Committees of the City Council. The Committees shall investigate and consider the applications within two weeks after any application has been referred to them and shall submit the application to the City Council with their recommendations. The City Council shall consider and approve or reject the application.
2. The City Council shall reject any application which discloses that the proposed discharge of a firearm may unreasonably endanger the peace, safety and welfare of any person or property within the city.
(d) If the City Council rejects any application, it shall inform the applicant of the rejection and the specific reasons for the rejection within ten days.
(e) The fee for the permit to discharge a firearm within the city is $8. The fee is to be paid to the City Clerk at the time of application for the permit.
(B) (1) Replica firearms. It shall be unlawful for any person to possess on his or her person, or use as if it were a real firearm, a replica firearm on the public ways, streets, parks or other locations within the corporate limits of the city other than as prescribed by law.
(2) “Replica” defined. For the purposes of this division (B), REPLICA FIREARM means any device, object or facsimile made of plastic, wood, metal or any other material that was purposely designed or built to look like a real firearm.
(3) Permitted possession. The possession of a replica firearm is permitted on private property with the permission of the owner or if the device is solely for use in theatrical productions, including motion picture, television and stage productions.
(4) Effective date. The ordinance from which this division (B) derives shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. A full, true and complete copy of this division (B) shall be published in pamphlet form, by authority of the City Council as corporate authorities.
(Prior Code, § 130.04) (Ord. 05-569, passed 11-8-2005) Penalty, see § 130.99
(A) For the purposes of this section, the term AIRGUN shall mean any gun, air rifle, spring gun or other similar device that discharges or is capable of discharging projectiles either by air, spring, compressed gas, rubber bands or any other means, the propulsive force of which is sufficient to cause injury to human beings or animals or to cause damage to property.
(B) No person shall at any time discharge or set off or permit the set off or discharging of any airgun or other similar device, as defined in division (A) above, at any place within the city, except in a duly established and licensed shooting gallery or other building or roofed enclosure constructed so as to prevent the projectiles from such gun from passing through or beyond the walls or roof thereof.
(C) The parent(s) or guardian(s) of any minor child who discharges or sets off an airgun in violation of the provisions of this section shall be held responsible for all injuries or damage caused thereby. The parent(s) or guardian(s) of any minor child who is guilty of a second or any subsequent violation of this section shall be deemed to have permitted such second or subsequent violation and shall, on conviction thereof, be fined.
(Prior Code, § 130.05) Penalty, see § 130.99
(A) The burning of combustible waste material, leaves, or landscape waste is strictly prohibited within the city.
(B) Recreational fires are defined as the noncommercial burning of dry wood and charcoal materials for pleasure, religious, cooking, or similar purposes in which the fuel burned is contained in an UL approved enclosed fire pit with all components, and the total fuel area is not exceeding three feet in diameter and two feet in height. Recreational fires will be allowed under the following conditions:
(1) The fire is in a commercially available portable fireplace, a chimney, a permanent outdoor fireplace constructed of stone or firebrick, or in an approved fire pit. An approved fire pit shall be bare ground with no vegetation and no greater than three feet in diameter.
(2) Only dry, clean firewood may be used for recreational fires. The burning of construction materials or yard waste is strictly prohibited. The use of flammable or combustible liquids, other than commercially produced charcoal lighter fluid, to start the fire is strictly prohibited.
(3) The fire may not exceed three feet in diameter and two feet in height.
(4) No fire in an approved container (fireplace or chimney) shall be located within eight feet of a building. No fire in a fire pit shall be located within 25 feet of a building.
(5) The fire must be kept under competent and continuous supervision.
(6) All flammable and combustible material not used as fuel for the fire is removed a sufficient distance from the fire so as not to constitute a hazard.
(7) All fires and coals must be thoroughly extinguished after the use thereof has been completed.
(8) At least one functioning, portable fire extinguisher with a 4-A rating shall be outside and available for immediate use at all times when the fire is burning, or a functional garden hose attached to a functional water source.
(9) No recreational fires are permitted between the hours of 10:30 p.m. and 8:00 a.m.
(10) No recreational fire shall be permitted when the Fire Chief or his designee has issued an order banning the recreational fire.
(11) All recreational fires shall be extinguished when wind gusts are in excess of 20 miles per hour.
(C) Community or social bonfires are defined as a constantly attended outdoor fires utilized primarily for ceremonial purposes that have a fuel area greater than three feet in diameter and greater than two feet in height. The size of the bonfire (i.e., quantity of fuel or fuel area) may be limited at the discretion of the Fire Chief. A bonfire is a form of open burning and requires a Fire Prevention Code Permit (FPCP).
(D) Failure to adhere to this section may result in fines pursuant to § 10.99.
(Ord. 2023-007, passed 1-24-2023)
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