(A) Definition. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CANNABIS. Has the meaning ascribed to it in the Cannabis Control Act, 720 ILCS 550/3, as amended, as if that definition were incorporated herein.
CONTROLLED SUBSTANCE. Has the meaning ascribed to it in § 102 of the Illinois Controlled Substances Act, being 720 ILCS 570/102, as amended, as if that definition were incorporated herein.
DRUG PARAPHERNALIA. Has the meaning ascribed to it in the Drug Paraphernalia Control Act, 720 ILCS 600/2, as amended, as if that definition were incorporated herein.
(B) Offense of possession of drug paraphernalia. A person commits the offense of possession of drug paraphernalia by possessing drug paraphernalia unless authorized or permitted to do so by the Drug Paraphernalia Control Act, 720 ILCS 600/1 et seq., as amended.
(C) Violations, penalties. Any person whose drug paraphernalia was seized for a violation of:
(1) Section 130.20(C)(1) shall be fined not less than $100 and not more than $250. This ordinance violation may be prosecuted in accordance with Title I, Chapter 11, Administrative Adjudication of Code Violations or in the Circuit Court of Cook County.
(2) Section 130.20(C)(2) shall be fined not less than $250 and not more than $750. This ordinance violation may be prosecuted in the Circuit Court of Cook County but not through the city’s Administrative Adjudication of Code Violations, Title I, Chapter 11.
(D) Any person in possession of drug paraphernalia other than in connection with a violation of division (C) above shall be prosecuted under the Drug Paraphernalia Act, 720 ILCS 600/1 et seq.
(E) Nothing in this section shall prohibit the ordinance violations set forth in this section from being prosecuted as violation of the Drug Paraphernalia Control Act.
(Ord. 2018-009, passed 2-13-2018)