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Canton Overview
Canton, IL Code of Ordinances
CITY CODE of CANTON, ILLINOIS
ORDINANCES PENDING REVIEW FOR CODIFICATION
ADOPTING ORDINANCE
TITLE 1 ADMINISTRATION
TITLE 2 BOARDS AND COMMISSIONS
TITLE 3 BUSINESS REGULATIONS
TITLE 4 BUILDING REGULATIONS
TITLE 5 FIRE REGULATIONS
TITLE 6 POLICE REGULATIONS
TITLE 7 HEALTH AND SANITATION
CHAPTER 1 NUISANCES
7-1-1: NUISANCES:
7-1-1-1: DEFINITION, PROHIBITION:
7-1-1-2: NONSUMMARY ABATEMENT, NOTICE:
7-1-1-3: NONSUMMARY ABATEMENT:
7-1-1-4: SUMMARY ABATEMENT:
7-1-2: NOISES PROHIBITED:
7-1-3: CONTROLLED SUBSTANCES AND CANNABIS:
7-1-3-1: POSSESSION OF CANNABIS:
7-1-3-2: SELLING, ETC., CONTROLLED SUBSTANCES, ABATEMENT:
7-1-3-3: FILING COMPLAINT FOR INJUNCTION, PROCEDURE; LESSEE TO BE PARTY DEFENDANT:
7-1-3-4: EVIDENCE, HEARING, DISMISSAL, COSTS:
7-1-3-5: INTERROGATORIES, REFUSAL TO ANSWER, CONTEMPT:
7-1-3-6: JUDGMENT:
7-1-3-7: PROCEEDS FROM SALE OF PROPERTY, DISPOSITION:
7-1-3-8: PROSECUTION FOR VIOLATION OF INJUNCTION OR ABATEMENT ORDER:
7-1-3-9: RELEASE OF PREMISES:
7-1-3-10: FINE AND COSTS TO BE LIEN AGAINST PROPERTY:
7-1-3-11: LEASES, VOID AT OPTION OF LESSOR:
7-1-3-12: APPLICATION OF SECTION:
7-1-3-13: PENALTY:
7-1-4: DRUG PARAPHERNALIA CONTROL:
7-1-4-1: POSSESSION OF DRUG PARAPHERNALIA:
7-1-4-2: SALE OR DELIVERY; PUBLIC NUISANCE:
7-1-4-3: EXEMPT ITEMS, DETERMINATION:
7-1-4-4: FORFEITURE AND SEIZURE OF PROPERTY:
7-1-4-5: LEGISLATIVE INTENT, INFERENCE OF LEGITIMACY:
7-1-4-6: PENALTY:
7-1-5: SEARCH WARRANTS; CODE ENFORCEMENT:
7-1-5-1: ISSUANCE OF SEARCH WARRANT:
7-1-5-2: APPLICATION FOR SEARCH WARRANT:
7-1-5-3: APPLICATION TO MUNICIPAL CODE:
7-1-6: WEEDS AND TALL GRASS:
7-1-6-1: DEFINITION, WEEDS:
7-1-6-2: ENFORCEMENT OF CHAPTER:
7-1-6-3: NOTICE TO ABATE WEEDS AND LITTER FROM LOTS WITH OCCUPIED STRUCTURES:
7-1-6-4: NOTICE TO ABATE WEEDS AND LITTER ON VACANT LOTS AND ON LOTS WITH UNOCCUPIED STRUCTURES:
7-1-6-5: LIEN AND PERSONAL JUDGMENT:
7-1-6-6: PENALTY:
CHAPTER 2 HEALTH REGULATIONS
CHAPTER 3 GARBAGE DISPOSAL SYSTEM
CHAPTER 4 WATER WELLS
TITLE 8 PUBLIC WAYS AND PROPERTY
TITLE 9 TRAFFIC REGULATIONS
TITLE 10 ZONING REGULATIONS
TITLE 11 SUBDIVISION REGULATIONS
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7-1-3: CONTROLLED SUBSTANCES AND CANNABIS:
   (A)   Definitions: As used in this section unless the context otherwise requires:
CONTROLLED SUBSTANCES: Any substance as defined and included in the schedules of article II of the "Illinois controlled substance act"; and, cannabis as defined in the "cannabis control act" enacted by the 77th general assembly; and, "alcohol", "spirits", "wine", "beer", and "alcoholic liquor" as defined in the Illinois liquor control act of 1934.
DEPARTMENT: The Canton police department, or, any commissioned officer of said department.
NUISANCE: Any place which is resorted to for the purpose of unlawfully selling, serving, storing, keeping, giving away or using controlled substances.
PERSON: Any corporation, association, partner, or one or more individual(s).
PLACE: Any store, shop, warehouse, dwelling house, building, apartment or any place whatever located in the city, or, located anywhere within the jurisdictional limits of the city as the same relates to the abatement of nuisances. (Ord. 1193, 5-3-1988; amd. Ord. 3052, 2-18-2014)
7-1-3-1: POSSESSION OF CANNABIS:
   (A)   Possession: It shall be unlawful and a violation of this section for any person to possess cannabis, as defined in the Illinois cannabis control act, 720 Illinois Compiled Statutes 550/1 et seq., in the amount less than ten grams (10 g). (Ord. 3052, 2-18-2014)
   (B)   Penalty: Violations of this section shall be governed by title 1, chapter 27, "General Penalty", of this code and the fee schedule that is adopted by city council from time to time. (Ord. 4034, 7-19-2016)
7-1-3-2: SELLING, ETC., CONTROLLED SUBSTANCES, ABATEMENT:
All places and the fixtures and movable contents thereof, used for the purpose of unlawfully selling, serving, storing, hereby keeping, giving away or using controlled substances are declared to be nuisances and may be abated as hereinafter provided and the owners, agents, occupants of and any other person using any such place may be enjoined as hereinafter provided. (Ord. 1193, 5-3-1988)
7-1-3-3: FILING COMPLAINT FOR INJUNCTION, PROCEDURE; LESSEE TO BE PARTY DEFENDANT:
The city attorney may file a complaint in the name of the city, to enjoin all persons from maintaining or permitting such nuisance, to abate the same and to enjoin the use of any such place for the period of one year.
Upon the filing of a complaint by the city attorney in which the complaint states that irreparable injury, loss or damage will result to the city, the court shall enter a temporary restraining order without notice enjoining the maintenance of such nuisance, upon affidavit or testimony under oath, sufficient, if sustained, to justify the court in entering a preliminary injunction upon a hearing after notice. Every such temporary restraining order entered without notice shall be endorsed with the date and hour of entry of the order, shall be filed of record, and shall expire by its terms within such time after entry, not to exceed ten (10) days as fixed by the court, unless the temporary restraining order for good cause is extended for a like period or unless the party against whom the order is directed consents that it may be extended for a longer period. The reason for extension shall be shown in the order. In case a temporary restraining order is entered without notice, the motion for a permanent injunction shall be set down for hearing at the earliest possible time and takes precedence over all matters except older matters of the same character, and when the motion comes on for hearing, the city attorney shall proceed with the application for a permanent injunction, and, if he does not do so, the court shall dissolve the temporary restraining order. On two (2) days' written notice to the city attorney the defendant may appear and move the dissolution or modification of such temporary restraining order and in that event the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require.
Upon the filing of the complaint by the city attorney (in cases in which the city attorney does not request injunctive relief without notice) in the circuit court, the court, if satisfied that the nuisance complained of exists, shall allow a temporary restraining order, without bond, enjoining the defendant from maintaining any such nuisance within the jurisdiction of the court granting the injunctive relief. However, no such injunctive relief shall be granted unless it be made to appear to the satisfaction of the court that the owner or agent of such place knew or had been personally served with a notice signed by the plaintiff and, that such notice has been served upon such owner or such agent of such place at least five (5) days prior thereto, that such place, specifically describing the same, was being so used, naming the date or dates of its being so used, and that such owner or agent had failed to abate such nuisance, or that upon diligent inquiry such owner or agent could not be found within the city for the service of such preliminary notice. The lessee, if any, of such place shall be made a party defendant to such petition. (Ord. 1193, 5-3-1988)
7-1-3-4: EVIDENCE, HEARING, DISMISSAL, COSTS:
The defendant shall be held to answer the allegations of the complaint as in other civil proceedings. At all hearings upon the merits, evidence of the general reputation of such place, of the inmates thereof, and of those resorting thereto, shall be admissible for the purpose of proving the existence of such nuisance. The cause shall be heard immediately upon issue being joined. (Ord. 1193, 5-3-1988)
7-1-3-5: INTERROGATORIES, REFUSAL TO ANSWER, CONTEMPT:
The plaintiff at any time before, but not later than ten (10) days after, the filing of the answer, unless further time be granted by the court, may file interrogatories in writing concerning matters material to the allegations of the complaint or respecting the ownership of the property upon which it is claimed the nuisance is maintained. A full answer to each interrogatory under the oath of the defendant shall be filed with the clerk within ten (10) days after a copy of the interrogatories has been served upon him. For a failure to so answer interrogatories the court may strike the answer to the complaint from the files and enter an order of default and final judgment, and a rule to answer interrogatories may be entered and the court may punish a defendant for contempt of court for a refusal to obey such rule. No person shall be excused from answering interrogatories under oath on the ground that the answer may tend to incriminate him or subject him to a penalty or forfeiture. The answer shall be evidence against, but not on behalf of, the defendant and it shall not be used against him in any criminal proceeding nor shall he be prosecuted or subjected to a penalty or forfeiture for or on account of any transaction, matter or thing disclosed by him in such answer responsive to the interrogatories. (Ord. 1193, 5-3-1988)
7-1-3-6: JUDGMENT:
If the existence of the nuisance is established, the court shall enter a judgment perpetually restraining all persons from maintaining or permitting such nuisance, and from using the place in which the same is maintained for any purpose for a period of one year thereafter, unless such judgment is sooner vacated, as hereinafter provided, and perpetually restraining the defendant from maintaining any such nuisance within the jurisdiction of the court. While the judgment remains in effect, such place shall be in the custody of the court. An order of abatement shall also be entered as a part of such judgment, which order shall direct the department to remove from such place all fixtures and movable property used in conducting or aiding or abetting such nuisance, and to sell the same in the manner provided by law for the sale of chattels in the enforcement of a judgment for the payment of money, and to close such place against its use for any purpose, and to keep it closed for a period of one year unless sooner released as hereinafter provided. The department's fees for removing and selling the movable property shall be taxed as a part of the costs, and shall be the same as those for levying upon and selling like property in the enforcement of a judgment for the payment of money. For closing the place and keeping it closed, the court shall allow a reasonable fee to be taxed as part of the costs; provided, that no injunction shall be entered against an owner, nor shall an order be entered requiring that any place be closed or kept closed, if it appears that such owner and his agent have in good faith endeavored to prevent such nuisance or did not have knowledge of such nuisance except in cases in which the city attorney states in his complaint that immediate and irreparable injury will result to the city, then a preliminary injunction may be entered. Nothing in this section contained shall authorize any relief respecting any other place than that in which such nuisance exists. (Ord. 1193, 5-3-1988)
7-1-3-7: PROCEEDS FROM SALE OF PROPERTY, DISPOSITION:
The proceeds of the sale of the movable property shall be applied in payment of the costs of the proceeding, and the balance, if any, shall be paid to the city treasurer for deposit in the police protection fund of the city. (Ord. 1193, 5-3-1988)
7-1-3-8: PROSECUTION FOR VIOLATION OF INJUNCTION OR ABATEMENT ORDER:
In case of the violation of any injunction or order of abatement issued under the provisions of this section, the court may summarily try and punish the offender for his contempt of court. The hearing may be had upon affidavits, or either party may demand the production and oral examination of witnesses. (Ord. 1193, 5-3-1988)
7-1-3-9: RELEASE OF PREMISES:
If the owner of the place has not been guilty of any contempt of court in the proceedings, and appears and pays all costs, fees, and allowances that are a lien on the place and files a bond in the full value of the property, to be ascertained by the court, with sureties, to be approved by the court conditioned that he will immediately abate any such nuisance that may exist at the place and prevent it from being established or kept therein within a period of one year thereafter, the court may, if satisfied of good faith, order the place to be delivered to the owner and the order of abatement canceled so far as it may relate to such place. The release of such place under the provisions of this section does not release it from any judgment, lien, or liability to which it may be subject. (Ord. 1193, 5-3-1988)
7-1-3-10: FINE AND COSTS TO BE LIEN AGAINST PROPERTY:
Whenever a fine or costs shall be assessed under the provisions of this section 7-1-3 against the owner of any property herein declared to be a nuisance, such fine or costs shall constitute a lien upon such property to the extent of the interest of such owner, and an order of execution shall issue thereon. (Ord. 1193, 5-3-1988)
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