Loading...
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)
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)
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)
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)
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)
If any lessee or occupant shall use leased premises for the purpose of unlawful using, keeping or selling controlled substances or shall permit them to be used for any such purposes, the lease or contract for letting such premises shall, at the option of the lessor, become void, and the owner may have the like remedy to recover possession thereof as against a tenant holding over after the expiration of his term. (Ord. 1193, 5-3-1988)
Nothing contained in this section 7-1-3 shall apply to any unlawful act which results from failing to comply with the provisions prescribed in the "Illinois controlled substances act", enacted by the 77th general assembly. (Ord. 1193, 5-3-1988)
Violations of this section 7-1-3 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)
(A) Definitions: As used in this section, unless the context otherwise requires:
CANNABIS: Shall have the same meaning as ascribed to it in section 3(a) of the "Illinois cannabis control act", if that definition were incorporated herein.
CONTROLLED SUBSTANCE: Shall have the meaning ascribed to it in section 102 of the "Illinois controlled substances act", as if that definition were incorporated herein.
DELIVER OR DELIVERY: The actual, constructive or attempted transfer of possession, with or without consideration, whether or not there is an agency relationship.
DRUG PARAPHERNALIA: All equipment, products and materials of any kind which are peculiar to and marketed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body cannabis or a controlled substance in violation of the "cannabis control act" or the "Illinois controlled substances act". It includes, but is not limited to:
1. Kits peculiar to and marketed for use in manufacturing, compounding, converting, producing, processing or preparing cannabis or a controlled substance;
2. Isomerization devices peculiar to and marketed for use in increasing the potency of any species of plant which is cannabis or a controlled substance;
3. Testing equipment peculiar to and marketed for private home use in identifying or in analyzing the strength, effectiveness or purity of cannabis or controlled substances;
4. Diluents and adulterants peculiar to and marketed for cutting cannabis or a controlled substance by private persons;
5. Object peculiar to and marketed for use in ingesting, inhaling, or otherwise introducing cannabis, cocaine, hashish, or hashish oil into the human body including, where applicable, the following items:
(a) Water pipes;
(b) Carburetion tubes and devices;
(c) Smoking and carburetion masks;
(d) Miniature cocaine spoons and cocaine vials;
(e) Carburetor pipes;
(f) Electric pipes;
(g) Air driven pipes;
(h) Chillums;
(i) Bongs;
(j) Ice pipes or chillers;
6. Any item whose purpose, as announced or described by the seller, is for use in violation of this section 7-1-4. (Ord. 1194, 5-3-1988; amd. Ord. 3053, 2-18-2014)
(A) Possession: It shall be unlawful and a violation of this section for any person to possess drug paraphernalia. (Ord. 3064, 6-3-2014)
Loading...