(A) Deadly weapons; unlawful use of deadly weapons. Unless exempted pursuant to division (B) below, a person commits the offense of unlawful use of weapons when he or she knowingly:
(1) Sells, manufactures, purchases, possesses or carries any bludgeon, black-jack, sling-shot, sand-club, sand-bag, metal knuckles, throwing star, or any knife, commonly referred to as a switchblade knife, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, or a ballistic knife, which is a device that propels a knifelike blade as a projectile by means of a coil spring, elastic material or compressed gas;
(2) Carries or possesses with intent to use the same unlawfully against another, a dagger, dirk, billy, dangerous knife, razor, stiletto, broken bottle or other piece of glass, stun gun or taser or any other dangerous or deadly weapon or instrument of like character. A
STUN GUN or TASER, as used in this section means: any device which is powered by electrical charging units, such as, batteries, and which fires one or several barbs attached to a length of wire and which, upon hitting a human, can send out a current capable of disrupting the person's nervous system in such a manner as to render him incapable of normal functioning; or any device which is powered by electrical charging units, such as batteries, and which, upon contact with a human or clothing worn by a human, can send out current capable of disrupting the person's nervous system in such a manner as to render him or her incapable of normal functioning;
(3) Carries on or about his or her person or in any vehicle, a tear gas gun projector or bomb or any object containing noxious liquid gas or substance, other than an object containing a non-lethal noxious liquid gas or substance designed solely for personal defense carried by a person 18 years of age or older;
(4) Carries or possesses in any vehicle or concealed on or about his or her person except when on his or her land or in his or her own abode or fixed place of business any pistol, revolver, stun gun or taser or other firearm;
(5) Carries or possesses any firearm, stun gun or taser or other deadly weapon in any place which is licensed to sell intoxicating beverages, or at any public gathering held pursuant to a license issued by any governmental body or any public gathering at which an admission is charged, excluding a place where a showing, demonstration or lecture involving the exhibition of unloaded firearms is conducted;
(6) Carries or possesses on or about his or her person, upon any public street, alley or other public lands within the corporate limits of a city, village or incorporated town, except when an invitee thereon or therein, for the purpose of the display of such weapon or the lawful commerce in weapons, or except when on his or her land or in his or her abode or fixed place of business, any pistol, revolver, stun gun or taser or other firearm; or
(7) Sells, manufactures or purchases any explosive bullet. For purposes of this section
EXPLOSIVE BULLET means the projectile portion of an ammunition cartridge which contains or carries an explosive charge which will explode upon contact with the flesh of a human or an animal. CARTRIDGE means a tubular metal case having a projectile affixed at the front thereof and a cap or primer at the rear end thereof, with the propellant contained in such tube between the projectile and the cap.
(B) Exceptions. Division (A) above shall not apply to or affect any of following:
(1) Peace officers or any person summoned by any such officers to assist in making arrests or preserving the peace while he or she is actually engaged in assisting the officer;
(2) Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense, while in the performance of their official duty or commuting between their homes and places of employment;
(3) Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard or the Reserve Officers Training Corps, while in the performance of their official duty;
(4) Special agents employed by a railroad to perform police functions, or employees of a detective agency, watchperson-guard or patrolperson agency, licensed by the State of Illinois, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment;
(5) Agents and investigators of the Illinois Crime Investigating Commission authorized by the Commission to carry weapons, while on duty in the course of any investigation for the Commission;
(6) Manufacture or transportation of weapons which are not immediately accessible to any person; sale of weapons to persons authorized under law to possess them;
(7) Persons licensed as private security contractors, private detectives, or private alarm contractors, or employed by an agency certified by the Illinois Department of Professional Regulation who have documentation on their person if their duties include the carrying of a weapon under the provisions of the Private Detective, Private Alarm and Private Security Act of 1983 (ILCS Ch. 225, Act 447, §§ 5-3 et seq.) while actually engaged in the performance of the duties of their employment;
(8) Any person regularly employed in a commercial or industrial operation as a security guard for the protection of persons employed and private property related to the commercial or industrial operation, while actually engaged in the performance of his or her duty or traveling between sites or properties belonging to the employer, and who, as a security guard, is a member of a security force of at least five persons registered with the Illinois Department of Professional Regulation; provided that the security guard has successfully completed a course of study, approved by and supervised by the Illinois Department of Professional Regulation, consisting of not less than 40 hours of training that includes the theory of law enforcement, liability for acts, and the handling of weapons;
(9) Agents and investigators of the Illinois Legislative Investigating Commission authorized by the Commission to carry the weapons while on duty in the course of any investigation for the Commission;
(10) Persons employed by a financial institution for the protection of other employees and property related to such financial institution, while actually engaged in the performance of their duties, commuting between their homes and places of employment, or traveling between sites or properties owned or operated by such financial institution, provided that any person so employed has successfully completed a course of study, approved by and supervised by the Illinois Department of Professional Regulation, consisting of not less than 40 hours of training which includes theory of law enforcement, liability for acts, and the handling weapons;
(11) Any person employed by an armored car company to drive an armored car, while actually engaged in the performance of his or her duties;
(12) Investigators of the Office of the State's Attorneys Appellate Prosecutor authorized by the board of governors of the Office of the State's Attorneys Appellate Prosecutor to carry weapons pursuant to the State's Attorneys Appellate Prosecutors' Act (ILCS Ch. 725, Act 210, §§ 1 et seq).
(13) Special investigators appointed by a Sate's Attorney under Section 3-9005 of the counties Code (ILCS Ch. 55, Act 5, § 3-9005);
(14) Members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, while such members are using their firearms on such target ranges;
(15) Duly authorized military or civil organizations while parading, with the special permission of the Governor;
(16) Licensed hunters or fishermen while engaged in hunting or fishing;
(17) Transportation of weapons broken down in a nonfunctioning state; or
(18) Such other exceptions as approved by the Illinois General Assembly.
(C) Unlawful firearm in motor vehicle; impoundment.
(1) The owner of record of any motor vehicle used in connection with a violation of Article 24 of the Illinois Criminal Code of 1961 (ILCS Ch. 720, Act 5, §§ 24-1 et seq.) or division (A) above, or that contains a firearm or ammunition for which a Firearm Owner's Identification Card is required under the Illinois Owners Identification Card Act (ILCS Ch. 430, Act 65, §§ 0.01 et seq.) is not presented, shall be liable to the village for an administrative penalty not to exceed $500, plus any towing and storage fees as hereinafter provided in addition to the fine imposed under division (A) above. Any such vehicle shall be subject to seizure and impoundment pursuant to this section. This division shall not apply:
(a) If the vehicle used in the violation was stolen at that tine and the theft was reported to the appropriate police authorities within 24 hours after the theft was discovered or reasonable should have been discovered; or
(b) If the vehicle is operating as a common carrier and the violation occurs without the knowledge of the person in control of the vehicle.
(2) Whenever a police officer has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to this section, the police officer shall provide for the towing of the vehicle to a facility controlled by the village or its agents. Before or at the time the vehicle is towed, the police officer shall notify any person identifying himself or herself as the owner of the vehicle or any person who is found to be in control of the vehicle at the time of the alleged violation, of the fact of the seizure and of the vehicle owner's right to request a vehicle impoundment hearing to be conducted under this section.
(3) Whenever the owner of record of a vehicle seized pursuant to this section makes a request of the Police Department in person and in writing for a vehicle impoundment hearing after the seizure, a Hearing Officer shall conduct the vehicle impoundment hearing within 24 hours after the seizure, excluding Sundays and legal holidays. All interested persons shall be given a reasonable opportunity to be heard at the vehicle impoundment hearing. The formal rules of evidence will not apply at the hearing, and hears evidence shall be admissible. If, after the hearing, the Hearing Officer determines that there is probable cause to believe that the vehicle is subject to seizure and impoundment under division (C)(1) above, the Hearing Officer shall order the continued impoundment of the vehicle as provided in this section unless the owner of the vehicle posts a cash bond in the amount of $500 plus any applicable towing and storage fees.
(4) Unless a hearing has been held pursuant to division (C)(3) above, within ten days after a vehicle is seized and impounded pursuant to this section, the village shall notify by certified mail, return receipt requested, the owner of record of the date, time and location of a hearing that will be conducted pursuant to this section. The hearing shall be scheduled and held, unless continued by order of the Hearing Officer, no later than 30 days after the vehicle was seized. The hearing shall be conducted by a Hearing Officer appointed by the Village Mayor. All interested persona shall be given a reasonable opportunity to be heard at the hearing. If, after the hearing, the Hearing Officer determines by a preponderance of evidence none of the exceptions described in clauses division (C)(1)(a) or (b) applies, the Hearing Officer shall enter an order finding the owner of record of the vehicle civilly liable to the village for an administrative penalty in the amount not to exceed $500. If the owner of record fails to appear at the hearing, the Hearing Officer shall enter a default order in favor of the village requiring the payment to the village of an administrative penalty in an amount not to exceed $500. If the Hearing Officer finds that no such violation occurred, the Hearing Officer shall order the immediate return of the owner's vehicle or cash bond.
(5) If an administrative penalty is imposed pursuant to this section, such penalty shall constitute a debt due and owing to the village. If a cash bond has been posted pursuant to this section, the bond shall be applied to the penalty. If a vehicle has been impounded when such a penalty is imposed the village may seek to obtain a judgment on the debt and enforce such judgment against the vehicle as provided by law. Except as provided otherwise in this section, a vehicle shall continue to be impounded until:
(a) The penalty, plus any applicable towing and storage fees, is paid to the village, in which case possession of the vehicle shall be given to the person who is legally entitled to possess the vehicle; or
(b) The vehicle is sold or otherwise disposed of to satisfy a judgment or enforce a lien as provided by law.
1. If the administrative penalty and applicable fees are not paid within 30 days after an administrative penalty is imposed under division (C)(4) above against an owner of record who defaults by failing to appear at the hearing, the vehicle shall be deemed unclaimed and shall be disposed of in the manner provided by law for the disposition of unclaimed vehicles. In all other cases, if the administrative penalty and applicable fees are not paid within 30 days after the expiration of time at which administrative review of the Hearing Officer's determination may be sought, or within 30 days after an action seeking administrative review has been resolved in favor of the village, whichever is applicable, the vehicle shall be deemed unclaimed and shall be disposed of in the manner provided by law for the disposition of unclaimed vehicles under § 4-208 of the Illinois Motor Vehicle Code (ILCS Ch. 625, Act 5, § 4-208).
2. Except as otherwise specifically provided by law, no owner, lienholder or other person shall be legally entitled to take possession of a vehicle impounded under this section until the civil penalty and fees applicable under this section have been paid. However, whenever a person with a lien of record against an impounded vehicle has commenced foreclosure proceedings, possession of the vehicle shall be given to that person if he or she agrees in writing to refund to the village the amount of the net proceeds of any foreclosure sale, less any amounts required to pay all lienholders of record, up to $500, plus applicable fees.
(6) For purposes of this section, the
OWNER OF RECORD of a vehicle is the record title holder.
(D) Soliciting of drugs.
(1) Attempt to solicit drugs. It is unlawful for any person to solicit or to attempt to obtain cannabis as defined in the Illinois Cannabis Control Act (ILCS Ch. 720, Act 550, §§ 1 et seq.), or a controlled substance as defined by the Illinois Controlled Substance Act (ILCS Ch. 720, Act 570, §§ 1 et seq.), with an intent to possess by request, contract, agreement, command or understanding.
(2) Attempt to solicit from vehicle; impoundment. The owner of record of any motor vehicle which is used in connection with a violation of division (D)(1) above, or that contains cannabis as defined by the Illinois Cannabis Act, or a controlled substance as defined by the Illinois Controlled Substance Act, shall be subject to seizure and impoundment and liable to the village for an administrative penalty not to exceed $500, plus any towing and storage fees as hereinafter provided.
(a) This division shall not apply:
1. If the vehicle used in the violation was stolen at that time and the theft was reported to the appropriate police authorities within 24 hours after the theft was discovered or reasonably should have been discovered; or
2. If the vehicle is operating as a common carrier and the violation occurs without the knowledge of the person in control of the vehicle.
(b) Whenever a police officer has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to this section, the police officer shall provide for the towing of the vehicle to a facility controlled by the village or its agents. Before or at the time the vehicle is towed, the police officer shall notify any person identifying himself as the owner of the vehicle or any parson who is found to be in control of the vehicle at the time of the alleged violation, of the fact of the seizure and of the vehicle owner's right to request a vehicle impoundment hearing to be conducted under this section.
(c) Whenever the owner of record of a vehicle seized pursuant to this section makes a request of the police department in person and in writing for a vehicle impoundment hearing after the seizure, a Hearing Officer shall conduct the vehicle impoundment hearing within 24 hours after the seizure, excluding Sundays and legal holidays. All interested persons shall be given a reasonable opportunity to be heard at the vehicle impoundment hearing. The formal rules of evidence will not apply at the hearing, and hearsay evidence shall be admissible. If, after the hearing, the Hearing Officer determines that there is probable cause to believe that the vehicle is subject to seizure and impoundment under division (D)(2), the Hearing Officer shall order the continued impoundment of the vehicle as provided in this section unless the owner of the vehicle posts with the department of revenue a cash bond in the amount not to exceed $500, plus any applicable towing and storage fees.
(d) Unless a hearing is held pursuant to division (D)(2)(c) above, within ten days after a vehicle is seized and impounded pursuant to this section, the village shall notify by certified mail, return receipt requested, the owner of record of the date, time and location of a hearing that will be conducted pursuant to this section. The hearing shall be scheduled and held, unless continued by order of the Hearing Officer, no later than 30 days after the vehicle was seized. The hearing shall be conducted by a Hearing Officer appointed by the Village Mayor. All interested persons shall be given a reasonable opportunity to be heard at the hearing. If, after the hearing, the Hearing Officer determines by a preponderance of evidence that the vehicle was used in connection with a violation of division (D)(1) above, and that none of the exceptions described in division (D)(2)(a) or (b) applies, the Hearing Officer shall enter an order finding the owner of record of the vehicle civilly liable to the village for an administrative penalty in the amount not to exceed $500. If the owner of record fails to appear at the hearing, the Hearing Officer shall enter a default order in favor of the village requiring the payment to the village of an administrative penalty in an amount not to exceed $500. If the Hearing Officer finds that no such violation occurred, the Hearing Officer shall order the immediate return of the owner's vehicle or cash bond.
(e) If an administrative penalty is imposed pursuant to this section, that penalty shall constitute a debt due and owing to the village. If a cash bond has been posted pursuant to this section, the bond shall be applied to the penalty. If a vehicle has been impounded when such a penalty is imposed, the village may seek to obtain a judgment on the debt and enforce such judgment against the vehicle as provided by law. Except as provided otherwise in this section, a vehicle shall continue to be impounded until: the penalty, plus any applicable towing and storage fees, is paid to the village, in which case possession of the vehicle shall be given to the person who is legally entitled to possess the vehicle; or the vehicle is sold or otherwise disposed of to satisfy a judgment or enforce a lien as provided by law. If the administrative penalty and applicable fees are not paid within 30 days after an administrative penalty is imposed under division (D)(2)(d) against the owner of record who defaults by failing to appear at the hearing, the vehicle shall be deemed unclaimed and shall be disposed of in the manner provided by law for the disposition of unclaimed vehicles.
(f) In all other cases, if the administrative penalty and applicable fees are not paid within 30 days after the expiration of time at which administrative review of the Hearing Officer's determination may be sought, or within 30 days after an action seeking administrative review has been resolved in favor of the village, whichever is applicable, the vehicle shall be deemed unclaimed and shall be disposed of in the manner provided by law for the disposition of unclaimed vehicles under § 4-208 of the Illinois Vehicle Code (ILCS Ch. 625, Act 5, § 4-208).
(g) Except as otherwise specifically provided by law, no owner, lienholder or other person shall be legally entitled to take possession of a vehicle impounded under this section until the civil penalty and fees applicable under this section have been paid. However, whenever a person with a lien of record against an impounded vehicle has commenced foreclosure proceedings, possession of the vehicle shall be given to that person if he or she agrees in writing to refund to the village the amount of the net proceeds of any foreclosure sale, less any amounts required to pay all lienholders of record, not to exceed $500, plus the applicable fees.
(E) For purposes of this section, the
OWNER OF RECORD of a vehicle is the record title holder.
(Ord. 95-659, passed 11-21-1995)