CHAPTER 14: GENERAL OFFENSES
      Article
         1.   OFFENSES AGAINST PROPERTY
         2.   OFFENSES AGAINST PERSONS
         3.   OFFENSES AGAINST PUBLIC ORDER
         4.   MISCELLANEOUS OFFENSES
         5.   ADULT-USE CANNABIS BUSINESS ESTABLISHMENTS
ARTICLE 1:  OFFENSES AGAINST PROPERTY
Section
   14-1-1   Definitions
   14-1-2   Animals; injury to
   14-1-3   Criminal defacement to property; graffiti
   14-1-4   Destruction of property
   14-1-5   Defacing notices
   14-1-6   Criminal trespass
   14-1-7   Theft
   14-1-8   Retail theft prohibited
   14-1-9   Receiving stolen property
   14-1-10   Appropriation of lost or misdelivered property
   14-1-11   Extortion
   14-1-12   Reckless burning
   14-1-13   Vehicles; abandonment
   14-1-14   Vehicles; inoperable
   14-1-15   Vehicles; unauthorized use of
   14-1-16   Penalty
   14-1-17   Liability of parent or legal guardian of minor offender
§ 14-1-1  DEFINITIONS.
   For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ABANDONED VEHICLE. All vehicles in a state of disrepair rendering the vehicle incapable of being driven in its condition, or any vehicle that has not been moved or used for seven consecutive days or more and is apparently deserted.
   BUILDING. Any structure, vehicle, railway car, aircraft or watercraft used for lodging, business or industry.
   CREDIT CARD. Any instrument or device, whether incomplete, revoked or expired, whether known as a credit card, credit plate, charge plate, courtesy card or by any other name, issued with or without fee for the use of the cardholder in obtaining money, goods, services or anything else of value, including satisfaction of a debt or the payment of a check drawn by a cardholder, either on credit or in consideration of an undertaking or guaranty by the issuer.
   DAMAGE. An injury or harm to property sufficient to lower its value or involving significant inconvenience or loss of efficiency.
   DECEPTION.
      (1)   Occurs when a person knowingly:
         (a)   Creates or confirms another’s false impression which the person previously has created or confirmed;
         (b)   Fails to correct another’s false impression which the person previously has created or confirmed;
         (c)   Prevents another from acquiring information material to the disposition of the property involved;
         (d)   Transfers or encumbers property without disclosing a lien, adverse claim or other legal impediment to the enjoyment of the property, whether that impediment is or is not valid, or is not a matter of official record;
         (e)   Promises performance which the person does not intend to perform or knows will not be performed; or
         (f)   Uses a credit card without authorization or which he or she knows to be stolen, forged, revoked or canceled.
      (2)   The term DECEPTION does not include falsity as to matters having no pecuniary significance.
   ENTER OR REMAIN UNLAWFULLY. An unlicenced, uninvited or otherwise unprivileged entry into or remaining in or upon premises. A person who, regardless of his or her intent, enters or remains in or upon premises which are, at the time, open to the public does so with license and privilege unless he or she defies a lawful order not to enter or remain, personally communicated to him or her by the owner of the premises or some other authorized person. Permission to enter or remain in a public building which is only partly open to the public is not PERMISSION TO ENTER OR REMAIN in that part of the building which is not open to the public.
   FULL RETAIL VALUE. The merchant’s stated or advertised price of the merchandise.
   INOPERABLE MOTOR VEHICLE. Any motor vehicles from which, for a period of at least 30 days, the engine, wheels or other parts have been removed, or on which the engine, wheels or other parts have been altered, damaged or otherwise treated that the vehicle is incapable of being driven under its own motor power. INOPERABLE MOTOR VEHICLE shall not include a motor vehicle which has been rendered temporarily incapable of being driven under its own power in order to perform ordinary service or repair operations; nor to any motor vehicles that are kept within a building when not in use; nor to historic vehicles over 25 years of age; nor to a motor vehicle on the premises of a place of business engaged in wrecking or junking of motor vehicles.
   LEGAL GUARDIAN. A person appointed guardian or given custody of a minor by a Circuit Court of the state, but does not include a person appointed guardian or given custody of a minor under the Juvenile Court Act, being 705 ILCS 405/1-1 et seq.
   MERCHANDISE. Any item of tangible personal property.
   MERCHANT. An owner or operator of any retail mercantile establishment or any agent, employee, lessee, consignee, officer, director, franchisee or independent contractor of such owner or operator.
   MINOR. A person who is above the age of 11 years, but not yet 19 years of age.
   OBTAIN.
      (1)   In relation to property, to bring about a transfer or purported transfer to the obtainer or another of a legally recognized interest in the property; or
      (2)   In relation to labor or service, to secure performance thereof for the benefit of the obtainer or another.
   OBTAIN OR EXERTS UNAUTHORIZED CONTROL OVER PROPERTY. Includes, but is not necessarily limited to, conduct heretofore defined or known as common law theft by trespassory taking, common law theft by trick, theft by conversion, embezzlement, extortion or obtaining property by false pretenses.
   OWNER. Any person, other than the person who has possession of or any other interest in the property involved, and without whose consent the person has no authority to exert control over the property.
   PEACE OFFICER. Any person who, by virtue of his or her office or public employment is vested in law with a duty to maintain public order or to make arrests for an offense whether that duty extends to all offenses or is limited to specific offenses.
   PERMANENTLY TO DEPRIVE.
      (1)   To withhold property, or cause it to be withheld from a person permanently or for so extended a period or under such circumstances that the major portion of its economic value, or of the use and benefit of such property, is lost to him or her;
      (2)   To dispose of the property so as to make it unlikely that the owner will recover it;
      (3)   To retain the property with intent to restore it to the owner only if the owner purchases or leases it back, or pays a reward or other compensation for its return; or
      (4)   To encumber, sell, give, pledge or otherwise transfer any interest in the property.
   PREMISES. A building or real property.
   PREMISES OF A RETAIL MERCANTILE ESTABLISHMENT. Includes, but is not limited to, the retail mercantile establishment, any common use areas in shopping centers and all parking areas set aside by a merchant or on behalf of a merchant for the parking of vehicles for the convenience of the patrons of such retail mercantile establishment.
   PROPERTY. Any money, credit card, personal property, real property, thing in action, evidence of debt or contract, public record or article of value of any kind.
   RECEIVING. Includes, but is not limited to, acquiring title, possession, control or a security interest in the property.
   RETAIL MERCANTILE ESTABLISHMENT. Any place where merchandise is displayed, held, stored or offered for sale to the public.
   RETAIL THEFT. Limited to knowingly taking possession of merchandise, the full retail value of which does not exceed $150.
   SERVICE. Includes, but is not limited to, labor, professional service, transportation service, the supplying of hotel accommodations, restaurant services, entertainment, the supplying of equipment for use, and the supplying of commodities of a public utility nature such as gas, electricity, steam and water.
   SHOPPING CART. Those push carts of the type or types which are commonly provided by grocery stores, drug stores or other retail mercantile establishments for the use of the public in trans-porting commodities in stores and markets and, incidentally, from the stores to a place outside the store.
   STEAL.
      (1)   To knowingly obtain or exert unauthorized control over the property of another with intent permanently to deprive him or her of such property; or
      (2)   To knowingly obtain by deception control over property of another with intent permanently to deprive him or her of such property.
   STOLEN. Obtained by theft, robbery, extortion or appropriating lost or misdelivered property.
   STREET or HIGHWAY. The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
   THREAT. To communicate, directly or indirectly, the intent:
      (1)   To cause bodily injury in the future to another;
      (2)   To cause damage to property of another;
      (3)   To subject another person to physical confinement or restraint;
      (4)   To accuse another person of a crime or cause criminal charges to be instituted against another person;
      (5)   To expose a secret or publicize an asserted fact, whether true or false, tending to subject another person to hatred, contempt or ridicule;
      (6)   To reveal significant information sought to be concealed by the person threatened;
      (7)   To testify or provide information sought to be concealed by the person threatened;
      (8)   To take wrongful action as an official against anyone or anything, or wrongfully withhold official action, or cause such action or withholding; or
      (9)   To do any other act which is intended to harm substantially any person with respect to his or her health, safety, business, financial condition or personal relationship.
   TO CONCEAL MERCHANDISE. Although there may be some notice of its presence, that merchandise is not visible through ordinary observation.
   UNDER-RING. To cause the cash register or other sales recording device to reflect less than the full retail value of the merchandise.
   VEHICLE. A machine propelled by power other than human power designed to travel along the ground by use of wheels, treads, runners or slides and transport persons of property or pull machinery and shall include, without limitation, automobile, truck, trailer, motorcycle, tractor, buggy and wagon.
§ 14-1-2  ANIMALS; INJURY TO.
   It shall be unlawful for any person to kill or wound, or attempt to kill or wound, by use of a firearm, slingshot, bow and arrow or otherwise, any animal other than vermin or an animal which is causing imminent danger to the health of a person or of property.
§ 14-1-3  CRIMINAL DEFACEMENT TO PROPERTY; GRAFFITI.
   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      GRAFFITI. In addition to its usual and customary meaning of defacing walls or structures with messages or slogans, GRAFFITI shall also mean any letter, numeral, figure, emblem, insignia, picture, outline, character, spectacle, delineation, announcement, word, phrase, diagram, symbol, sketch, inscription or representation, wherein the contents thereof are visible to any member of the general public and which contains references to sexual activity, diagrams relating to sexual activity or sexual organs, references to criminal activities or groups which promote or are involved in criminal activity, swearing or fighting words, defamatory materials about any person, references to relationships or any marking of any kind whatsoever which results in damage to, defacing of, marring of or discoloring of any sidewalk, street or other public surface, any vehicle, any equipment, lamp, lamp post or other village property, or of the exterior surface of a wall, fence, door, building or other structure, whether publicly or privately owned.
      OWNER. The owner of record of the subject property, whether public or private, at the time of the placement or discovery of the graffiti or at a subsequent time, the beneficial owner under a land trust, the contract purchaser or that person or persons or trust in whose name the general taxes for the last preceding year were paid; except that, OWNER shall not include the Village of Carol Stream.
      PROPERTY. Any building, structure, wall, sidewalk, street or other public or private road, vehicle, equipment, land, lamp post, sign or any other real or personal property on which graffiti is placed.
   (B)   Conduct prohibited.
      (1)   It is unlawful for any person to inscribe, draw or otherwise place or cause to be placed any graffiti upon the surface of any property that is publicly or privately owned.
      (2)   It shall be unlawful for any parent or legal guardian to knowingly permit any minor child in his or her custody or control to violate division (B)(1) of this section.
      (3)   The parent or legal guardian of a minor defendant who resides with such parent or legal guardian at the time of the offense may be held liable for any fine or condition of restitution or reparation imposed by a court upon a minor for violation of this section; provided that, such minor has not paid such fine or made restitution or reparation within the time ordered by the court; and, further provided that, such parent or legal guardian has been served with summons or notice to appear whether in the original cause or in any subsequent proceedings arising therefrom, including sentencing or collection actions, as provided by law.
   (C)   Removal by owner.
      (1)   Owner’s responsibility. It shall be the duty of the owner of the private property upon which any graffiti is placed or made to remove, eradicate or eliminate such inscription or representation within ten days of the occurrence unless granted additional time by the village. In no event shall the owner be granted more than 30 days to remove the graffiti. The BOCA National Existing Structures Code, adopted and amended by the village as provided in Ch. 6 of this code, shall also govern where applicable, except that in the event of a conflict between the code and this section, this section shall prevail.
      (2)   Notice to remove graffiti. The owner or his, her or their representative shall be notified by certified mail or personal notice that they have ten days, from the date of the delivery of the notice or personal notification, in which to remove the graffiti. In no event shall the owner of the property be granted more than 30 days to remove the graffiti, weather conditions permitting as reasonably determined by the village. The owner is responsible for removal within the time allowed in divisions (C)(1) and (C)(2) of this section. In the event the owner has failed to eliminate such graffiti, a village ordinance complaint will be issued to the owner of the property according to the provisions in division (E)(1) of this section. If criminal charges have been filed against the person believed responsible for placement of the graffiti, the costs to remove the graffiti shall be presented to the prosecutor for restitution to the owner of the property in addition to the penalties as described in division (E)(1) of this section.
      (3)   List of contractors and cleaning materials. The village may make available a list of contractors in the business of removing graffiti and/or a list of cleaning materials generally recognized in the industry as effective in the removal of graffiti. By providing such lists of contractors and cleaning materials, the village does not guarantee the quality or adequacy of work performed by anyone selected by owner or the effectiveness or safety of the materials listed, and the village expressly disclaims responsibility or liability for the quality or adequacy of such work or materials or any claims for damage or injury arising therefrom.
   (D)   Removal by village.
      (1)   The village shall have the right, but not the duty, to remove graffiti from the exterior of private property if the owner informs the village of an inability to remove it. Prior to the village entering any private property to remove graffiti, the owner must sign a statement authorizing removal by the village and agreeing to pay the reasonable costs of such removal and to allow the recording of a lien against the real estate upon which the work was performed if the cost is not paid to the village within 30 days of the date of the invoice sent to the owner. The owner must also sign a release holding the village harmless from any claims or suits brought for damages pursuant to any adverse or injurious effects of such chemicals or from the actions taken by the village or its employees to remove the graffiti prior to the village commencing work on the property. If the village determines they cannot remove the graffiti, the responsibility of the removal is reinstated to the owner for the owner. A certified letter will be sent to the owner of the property so advising. If the property owner does not remove the graffiti within the time specified or extended time requested and granted by the village, the owner shall be subject to the penalties listed in division (E) of this section.
      (2)   If the property owner is not located or they are unavailable and normal attempts to notify the owner have been made, after 14 days after the time of the discovery of the graffiti the village shall have the right, but not the duty to remove the graffiti from the exterior or private property. A notice will be left at the property and a certified letter sent to the property owner of record advising them of the graffiti abatement.
      (3)   If the village performs the graffiti removal pursuant to division (D)(1) or (D)(2) of this section and if an invoice was is not paid within 30 days, the village shall be entitled to initiate collection actions and file a notice of lien against the property upon which the work was performed for the cost of the removal.
   (E)   Penalty.
      (1)   Upon a finding of guilty for violation of division (B) of this section, there shall be imposed a fine of not less than $100, nor more than $750. Additionally, the court may, as a condition of probation, supervision or conditional discharge, require that the party guilty of violating the provisions of division (B) of this section make full and complete restitution to the owner of the property for expenses incurred in the removal of the graffiti and/or, with the consent of the owner, restore the structure, wall, building or surface to its previous condition. In addition, the court may order as a further penalty community service in the form of time to be spent in any location in the village.
      (2)   Upon a finding of guilty for violation of division (C)(1) of this section, there shall be imposed a fine of not less than $25, nor more than $750. The minimum fine for any subsequent violation of division (C)(1) of this section shall be $50. Each and every day that such graffiti is permitted to remain beyond the time specified in division (C)(2) of this section shall constitute a separate violation. The village may also ask the court to issue an order granting the village permission to enter the property and to make an effort to remove the graffiti and to charge the cost of the removal to the owner and to permit the village to secure its costs either through an order directing the owner to pay the costs incurred by or on behalf of the village in an attempt to remove the graffiti, or to file a lien against the property.
   (F)   Compliance by village.
      (1)   It is the intention of the village that graffiti discovered upon village property or public property under the jurisdiction and control of the village will be removed within the time periods for graffiti removal imposed upon other governmental bodies and owners of private property under this article.
      (2)   The Village Manager or his or her designee shall provide, no less than semi-annually, a written report to the Village Board of graffiti incidents involving village property and removal efforts by the village. Such report shall include at a minimum the location of the graffiti, charges filed against or convictions of offenders where relevant, the date and methods of graffiti removal undertaken by the village and the cost of such removal.
(Ord. 93-10-91, passed 10-12-1993; Ord. 2009-03-09, passed 3-2-2009)
§ 14-1-4  DESTRUCTION OF PROPERTY.
   It shall be unlawful for any person to negligently or willfully injure, damage, destroy or deface the property of another, including property of the village.
(Ord. 93-10-91, passed 10-12-1993)
§ 14-1-5  DEFACING NOTICES.
   It shall be unlawful for any person to willfully and maliciously tear down, mutilate, place graffiti upon, or deface or render in part or in whole illegible any poster, notice or handbill lawfully posted in the village.
§ 14-1-6  CRIMINAL TRESPASS.
   (A)   It shall be unlawful for any person to knowingly enter or remain unlawfully in or upon the premises of another. Any of the following acts by any person, firm or corporation shall be deemed included among those that constitute trespass, and appropriate action may be taken to prevent or suppress any violation of this section, including the following acts:
      (1)   Entry upon the premises, or any part thereof, of another, including any public property in violation of a notice posted or exhibited at such premises, or at any point of approach or entry or in violation of any notice, warning or protest given orally or in writing, by any owner or occupant thereof;
      (2)   The pursuit of a course of conduct or action incidental to the making of an entry upon the land of another in violation of a notice posted or exhibited at the main entrance to such premises or at any point of approach or entry, or in violation of any notice, warning or protest given orally or in writing by any owner or occupant thereof;
      (3)   A failure or refusal to depart from the premises of another in case of being requested, either orally or in writing, to leave by any owner or occupant thereof; and
      (4)   An entry into or upon any vehicle, aircraft or watercraft made without the consent of the person having the right to the possession or control thereof, or a failure or refusal to leave any such vehicle, aircraft or watercraft after being requested to leave by the person having such right.
   (B)   In any prosecution under this section, it is an affirmative defense that the person reasonably believed that:
      (1)   The premises involved at the time were open to members of the public and the person complied with all lawful conditions imposed on access to or remaining on the premises; or
      (2)   The owner of the premises, or other person empowered to license access thereto, would have licensed him or her to enter or remain.
§ 14-1-7  THEFT.
   (A)   It shall be unlawful to:
      (1)   Steal the property of another;
      (2)   By deception or by other means to avoid payment for services or intentionally obtain services which the person knows to be available only for compensation; and/or
      (3)   Have control over the disposition of services of others to which the person is not entitled. Such person knowingly diverts those services to his or her own benefit or to the benefit of another not entitled thereto.
   (B)   In any prosecution under this section, it is an affirmative defense that the property or services were openly obtained under a claim of title made in good faith, even though the claim would not prevail in a court of law.
Statutory reference:
   Prohibiting theft, see 720 ILCS 5/16-1 et seq.
§ 14-1-8  RETAIL THEFT PROHIBITED.
   (A)   Offense. It shall be unlawful for any person to commit retail theft. A person commits the offense of retail when he or she knowingly:
      (1)   Takes possession of, carries away, transfers or causes to be carried away or transferred, any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment without paying the full retail value of such merchandise;
      (2)   Alters, transfers or removes any labels, price tags, markings, indicia of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored or offered for sale, in a retail mercantile establishment and attempts to purchase such merchandise personally or in consort with another at less than the full retail value;
      (3)   Transfers any merchandise displayed, held, stored or offered for sale, in a retail mercantile establishment from the container in or on which such merchandise is displayed to any other container;
      (4)   Under-rings the full retail value of merchandise;
      (5)   Removes a shopping cart from the premises of a retail mercantile establishment without the consent of the merchant given at the time of such removal; or
      (6)   Orders food, drink or other consumable items and once having been presented with the finished item, consumes such item without paying for such item with the intention of depriving the merchant of the full retail value of such item.
   (B)   Presumption. If any person meets both of the following criteria, such person shall be presumed to have possessed, carried away or transferred merchandise with the intention of retaining it or with the intention of depriving the merchant permanently of the possession, use or benefit of such merchandise without paying the full retail value of such merchandise:
      (1)   Conceals upon his or her person or among his or her belongings unpurchased merchandise displayed, held, stored or offered for sale in a retail mercantile establishment; and
      (2)   Removes that merchandise beyond the last known station for receiving payments for that merchandise in that retail mercantile establishment.
Statutory reference:
   Provisions concerning retail theft, see 720 ILCS 5/16-25 et seq.
§ 14-1-9  RECEIVING STOLEN PROPERTY.
   (A)   It shall be unlawful for any person to receive stolen property if a person knowingly receives, retains or disposes of property.
   (B)   The fact that the person who stole the property has not been convicted, apprehended or identified is not a defense to a charge of receiving stolen property.
§ 14-1-10  APPROPRIATION OF LOST OR MISDELIVERED PROPERTY.
   (A)   It shall be unlawful for any person to appropriate lost or misdelivered property if a person obtains or exerts control over the property of another which the person knows to have been lost or mislaid, or to have been delivered under a mistake as to the identity of the recipient or as to the nature or amount of the property, and the person fails to take reasonable measures to discover and notify the owner.
   (B)   As used in this section, REASONABLE MEASURE includes, but is not necessarily limited to, notifying the identified owner or any peace officer.
§ 14-1-11  EXTORTION.
   (A)   It shall be unlawful for any person to intentionally obtain property or services of another by threat.
   (B)   In any prosecution under this section based on a threat to accuse any person of a crime or to cause criminal charges to be instituted against any person, it is an affirmative defense that the person reasonably believed the threatened criminal charge to be true and that his or her sole purpose was to compel or induce the person threatened to take reasonable action to make good the wrong which was the subject of such threatened criminal charge.
§ 14-1-12  RECKLESS BURNING.
   It shall be unlawful for any person to recklessly, by means of fire or explosion, damage property of another or place the property of another in danger of destruction or damage.
§ 14-1-13  VEHICLES; ABANDONMENT.
   It shall be unlawful for any person to abandon any vehicle within the village, and no person shall leave such vehicle at any place within the village for such time and under such circumstances as to cause such vehicle reasonably to appear to have been abandoned. A vehicle or any part thereof so abandoned on private property, not belonging to the owner or tenant of such property, may be authorized for removal by the Village Police Department after a waiting period of seven days or more has expired.
§ 14-1-14  VEHICLES; INOPERABLE.
   It shall be unlawful for any person to leave any inoperable motor vehicle on any street or highway in the village.
§ 14-1-15  VEHICLES; UNAUTHORIZED USE OF.
   It shall be unlawful for any person to:
   (A)   Take, operate or exercise control over a motor vehicle of which the person does not have the consent of the owner to so act;
   (B)   Ride in a vehicle which the person knows has been unlawfully obtained; and/or
   (C)   Have custody of a motor vehicle pursuant to an agreement between himself, herself or another and the owner thereof whereby he, she or another is to perform for compensation a specific service for the owner, involving the maintenance, repair or use or storage of such vehicle, he or she intentionally uses or operates the same, without the consent of the owner, for his or her own purposes in a manner constituting a gross deviation from the agreed purpose.
§ 14-1-16  PENALTY.
   Subject to the provisions of 65 ILCS 5/1-2-1.1, every person found guilty of violating §§ 14-1-4 or 14-1-6 of this article shall be subject to either or both of the following penalties:
   (A)   A fine not in excess of $750; and/or
   (B)   A period of conditional discharge not to exceed six months.
      (1)   The conditions of a conditional discharge shall include that the defendant:
         (a)   Not violate any criminal statute or quasi-criminal ordinance of any jurisdiction; and
         (b)   Report to and appear in person before such person or agency as directed by the court.
      (2)   The conditions of conditional discharge may, in addition, require that the defendant:
         (a)   Work or pursue a course of study or vocational training;
         (b)   Undergo medical or psychiatric treatment for drug addiction or alcoholism;
         (c)   Make restitution or reparation in an amount not to exceed actual loss or damage to property and pecuniary loss; and
         (d)   If a minor, to reside with his or her parent or in a foster home, attend school, attend a non-residential program for youth, or contribute to his or her own support at home or in a foster home.
      (3)   When a court orders restitution or reparation as a condition of conditional discharge, the court shall determine the amount and conditions of payment. When the conditions of payment have not been satisfied, the court at any time prior to the expiration or termination of the period of conditional discharge may impose an additional period of not more than six months. Only the conditions of payment shall continue to apply during such additional period. The court shall retain all of the incidents of the original sentence, including the authority to modify or enlarge the original conditions to revoke the penalty of the conditional discharge if the conditions of payment are violated during such additional period.
      (4)   When a petition is filed charging a violation of a condition imposed for conditional discharge, the court:
         (a)   May order a summons to the offender to appear, or order a warrant for the offender’s arrest where there is danger of his or her fleeing the jurisdiction or causing serious harm to others or when the offender fails to answer a summons. The issuance of such warrant or summons shall stay the sentence of conditional discharge until the final determination of the charge, and the term of conditional discharge shall not run so long as the offender has not answered the summons or warrant;
         (b)   Shall conduct a hearing of the alleged violation. The court may admit the offender to bail pending the hearing;
         (c)   Shall receive evidence in open court with the right of confrontation, cross-examination and representation by counsel. The village has the burden of going forward with the evidence and proving the violation by the preponderance of the evidence;
         (d)   Shall not revoke a conditional discharge for failure to comply with conditions of a sentence which imposes financial obligations upon the offender unless such failure is due to his or her willful refusal to pay; and
         (e)   May modify the conditions of a conditional discharge on motion of the village or on its own motion or at the request of the offender after notice to all parties and a hearing.
      (5)   If the court finds that the offender has violated a condition at any time prior to the expiration or termination of the period, it may continue the offender on the existing period, with or without modifying or enlarging the conditions, or may impose any other penalty that was available at the time of the initial penalty.
      (6)   A judgement revoking conditional discharge is a final appealable order.
§ 14-1-17  LIABILITY OF PARENT OR LEGAL GUARDIAN OF MINOR OFFENDER.
   The parent or legal guardian of a minor defendant who resides with such parent or legal guardian shall be liable for any fine or condition of restitution or reparation imposed by a court upon a minor for actual damages for willful or malicious acts of such minor which cause injury to a person or property, provided that such minor has not paid such fine or made restitution or reparation within the time ordered by the court, and further provided that such parent or legal guardian has been served with summons or notice to appear in the original cause and all proceedings thereafter as provided by law.
ARTICLE 2:  OFFENSES AGAINST PERSONS
Section
   14-2-1   Definitions
   14-2-2   Assault
   14-2-3   Battery
   14-2-4   Cannabis; possession of
   14-2-5   Housing management; reckless
   14-2-6   Expectorating on sidewalk or in public place
   14-2-7   Gambling; definitions
   14-2-8   Gambling offenses
   14-2-9   Keeping a gambling place
   14-2-10   Seizure of gambling devices and gambling funds
   14-2-11   Impersonation
   14-2-12   Impersonation; impersonating and interfering with village officers
   14-2-13   Pollution
   14-2-14   Pollution; creating odors
   14-2-15   Pollution; noises generally
   14-2-16   Pollution; noises defined, prohibited
   14-2-17   Adoption of the State of Illinois noise pollution control regulations
   14-2-18   Prostitution
   14-2-19   Prostitution; soliciting for
   14-2-20   Prostitution; keeping a place of
   14-2-21   Prostitution; patronizing
   14-2-22   Indecency; public
   14-2-23   Indecency; nudity
   14-2-24   Indecency; indecent exhibition of animals
   14-2-25   Lewd conduct
   14-2-26   Obscenity; elements of the offense
   14-2-27   Obscenity; interpretation of evidence
   14-2-28   Obscenity; prima facie evidence
   14-2-29   Obscenity; affirmative defense
   14-2-30   Harmful material
   14-2-31   Purchase and possession of tobacco products, alternative nicotine products and electronic cigarettes by a person under 21 years of age prohibited
   14-2-32   Drug paraphernalia
   14-2-33   Synthetic alternative drugs
   14-2-34   Endangering the life or health of a child
   14-2-35   Powdered alcohol
   14-2-36   Alcohol vaporizers
   14-2-37   Electronic sweepstakes machines
   14-2-38   Cannabis; unlawful use of
   14-2-39   Cannabis paraphernalia; possession of
§ 14-2-1  DEFINITIONS.
   For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CANNABIS. Marijuana, hashish, and other substances that are identified as including any parts of the plant Cannabis sativa and including derivatives or subspecies, such as indica, of all strains of cannabis, whether growing or not; the seeds thereof, the resin extracted from any part of the plant; and any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other naturally produced cannabinol derivatives, whether produced directly or indirectly by extraction; however, "cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted from it), fiber, oil or cake, or the sterilized seed of the plant that is incapable of germination. "Cannabis" does not include industrial hemp as defined and authorized under the Illinois Industrial Hemp Act. CANNABIS also means cannabis flower, concentrate, and cannabis-infused products. (410 ILCS 705/1-10).
   CANNABIS CONCENTRATE.  A product derived from cannabis that is produced by extracting cannabinoids from the plant through the use of propylene glycol, glycerin, butter, olive oil or other typical cooking fats; water, ice, or dry ice; or butane, propane, CO2, ethanol, or isopropanol.  The use of any other solvent is expressly prohibited unless and until it is approved by the Illinois Department of Agriculture (410 ILCS 705/1-10).
   CANNABIS CONTAINER.  A sealed, traceable, container, or package used for the purpose of containment of cannabis or cannabis-infused product during transportation (410 ILCS 705/1-10).
   CANNABIS FLOWER.  Marijuana, hashish, and other substances that are identified as including any parts of the plant Cannabis sativa and including derivatives or subspecies, such as indicia, of all strains of cannabis; including raw kief, leaves, and buds, but not resin that has been extracted from any part of such plant; nor any compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seed, or resin (410 ILCS 705/1-10).
   CANNABIS PARAPHERNALIA.  Equipment, products, or materials intended to be used for planting, propagating, cultivating, growing, harvesting, manufacturing, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, or otherwise introducing cannabis into the human body (410 ILCS 705/1-10).
   CANNABIS-INFUSED PRODUCT.  A beverage, food, oil, ointment, tincture, topical formulation, or another product containing cannabis that is not intended to be smoked (410 ILCS 705/1-10).
   CONTROLLED SUBSTANCE.  The meaning ascribed to it in § 102 of the Illinois Controlled Substances Act, 720 ILCS 570/102, 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.
   DISTRIBUTE. To transfer possession of, whether with or without consideration.
   DRUG PARAPHERNALIA.  All equipment, products and materials of any kind, other than methamphetamine manufacturing materials as defined in Section 10 of the Illinois Methamphetamine Control and Community Protection Act  and cannabis paraphernalia as defined in Section 1-10 of the Cannabis Regulation and Tax Act, which are intended to be used unlawfully 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 a controlled substance in violation of the Illinois Controlled Substance Act or the Methamphetamine Control and Community Protection Act or a synthetic drug product or misbranded drug in violation of the Illinois Food, Drug and Cosmetic Act. The term DRUG PARAPHERNALIA includes, but is not limited to:
      (1)   Kits intended to be used unlawfully in manufacturing, compounding, converting, producing, processing or preparing a controlled substance;
      (2)   Isomerization devices intended to be used unlawfully in increasing the potency of any species of plant which is a controlled substance;
      (3)   Testing equipment intended to be used unlawfully in a private home for identifying or in analyzing the strength, effectiveness or purity of controlled substances;
      (4)   Diluents and adulterants intended to be used unlawfully for cutting a controlled substance by private persons;
      (5)   Objects intended to be used unlawfully in ingesting, inhaling, or otherwise introducing cocaine or a synthetic drug product or misbranded drug in violation of the Illinois Food, Drug and Cosmetic Act 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)   Chillums;
         (h)   Bongs;
         (i)   Ice pipes or chillers;
         (j)   Any item whose purpose, as announced or described by the seller, is for the use in violation of the Illinois Drug Paraphernalia Control Act (720 ILCS 600).
   HARMFUL MATERIAL. The material is harmful if, to the average person, applying contemporary standards, its predominant appeal, taken as a whole, is to the prurient interest, that is, a shameful or morbid interest in nudity, sex or excretion, which goes substantially beyond customary limits of candor in description or representation of such matters, and is material the redeeming social importance of which is substantially less than its prurient appeal.
   INTENT TO DEFRAUD. The use of deception with the intention to injure another’s interest which has economic value.
   KNOWINGLY. Having knowledge of the content of the subject matter, or recklessly failing to exercise reasonable inspection which would have disclosed the contents thereof.
   LEWD ACT.
      (1)   An exposure of one’s genitals or female breasts;
      (2)   The touching, caressing or fondling of the genitals or female breasts;
      (3)   Sexual intercourse;
      (4)   Masturbation; and
      (5)   Urination or defecation in a place other than a toilet or urinal.
   MATERIAL. Any writing, picture, record or other representation of embodiment.
   OBSCENE. Any material or performance is OBSCENE if:
      (1)   The average person, applying contemporary adult community standards, would find that, taken as a whole, it appeals to the prurient interest;
      (2)   The average person, applying contemporary adult community standards, would find that it depicts or describes, in a patently offensive way, ultimate sexual acts or sadomasochistic sexual acts, whether normal or perverted, actual or simulated, or masturbation, excretory functions or lewd exhibition of the genitals; and
      (3)   Taken as a whole it lacks serious literary, artistic, political or scientific value.
   PUBLIC PLACE. Any place where the conduct may reasonably be expected to be viewed by others.
   TOBACCO PRODUCTS. Any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco, and any nicotine delivery systems other than those prescribed by a physician.
(Ord. 95-04-19, passed 4-4-1995; Ord. 2020-01- 01, passed 1-20-2020)
§ 14-2-2  ASSAULT.
   (A)   It shall be unlawful for any person to commit an assault within the village.
   (B)   A person commits an assault when, without lawful authority, he or she engages in conduct which places another in reasonable apprehension of receiving a battery.
§ 14-2-3  BATTERY.
   (A)   It shall be unlawful for any person to commit a battery within the village.
   (B)   A person commits a battery if he or she intentionally or knowingly without legal justification and by any means:
      (1)   Causes bodily harm to an individual; or
      (2)   Makes physical contact of an insulting or provoking nature with an individual.
§ 14-2-4  CANNABIS; POSSESSION OF.
   (A)   It shall be unlawful for any person to knowingly possess any quantity of any substance containing cannabis while:
      (1)   In a school bus, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act;
      (2)   On the grounds of any preschool or primary or secondary school, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act;
      (3)   In a vehicle not open to the public unless the cannabis is in a reasonably secured, sealed container and reasonably inaccessible while the vehicle is moving; or
      (4)   In a private residence that is used at any time to provide licensed child care or other similar social service care on the premises.
   (B)   It shall be unlawful for a person who is 21 years of age or older and a resident of the State of Illinois, except as exempted by the Compassionate Use of Medical Cannabis Program Act (410 ILCS 130), to be in possession of:
      (1)   More than 30 grams, but less than 100 grams of cannabis flower.
      (2)   More than 500 milligrams of THC contained in cannabis-infused product.
      (3)   More than five grams of cannabis concentrate.
   (C)   It shall be unlawful for a person who is 21 years of age or older and who is not a resident of the State of Illinois to be in possession of:
      (1)   More than 15 grams, but less than 100 grams of cannabis flower.
      (2)   More than 250 milligrams of THC contained in cannabis-infused product.
      (3)   More than 2.5 grams of cannabis concentrate.
   (D)   It shall be unlawful or any person under the age of 21 to knowingly possess any quantity of any substance containing cannabis; except as exempted by the Compassionate Use of Medical Cannabis Program Act (410 ILCS 130) and 720 ILCS 550/11.
   (E)   It shall be unlawful for any person to knowingly possess any quantity of any substance containing cannabis if said substance was not lawfully purchased in accordance with the Cannabis Regulation and Tax Act (410 ILCS 705/1-5).
   (F)   It shall be unlawful for a person, who is not a registered qualifying patient under the Compassionate Use of Medical Cannabis Program Act, to be in possession of any amount of cannabis plants.
   (G)   It shall be unlawful for a person who is a registered qualifying patient under the Compassionate Use of Medical Cannabis Program Act to be in possession of more than five cannabis plants that are more than five inches tall.
(Ord. 2020-01-01, passed 1-20-2020)
§ 14-2-5  HOUSING MANAGEMENT; RECKLESS.
   (A)   It shall be unlawful for any person to commit the offense of reckless housing management within the village.
   (B)   A person commits the offense of reckless housing management when, having personal management or control of residential real estate, whether as a legal or equitable owner of residential real estate or as a managing agent or otherwise, he or she recklessly permits the physical condition or facilities of the residential real estate to become or remain in any condition which endangers the health or safety of any person.
§ 14-2-6  EXPECTORATING ON SIDEWALK OR IN PUBLIC PLACE.
   It shall be unlawful for any person to expectorate or spit upon any sidewalk or within any building or room to which the public is invited, except for the wash basins and toilets therein.
§ 14-2-7  GAMBLING; DEFINITIONS.
   For the purposes of this chapter, the following words and phrases shall have the following meanings ascribed to them respectively.
   ACCESS. The same meaning as ascribed in 720 ILCS 5/17-55.
   COMPUTER. The same meaning as ascribed in 720 ILCS 5/52.5.
   GAMBLING DEVICE. Any clock, tape machine, slot machine or other machines or device for the reception of money or other thing of value on chance or skill, or upon the action of which money or other thing of value is staked, hazarded, bet, won or lost; or any mechanism, furniture, fixture, equipment or other device designed primarily for use in a gambling place. A GAMBLING DEVICE does not include the following, as more specifically defined in 720 ILCS 5/28-2(a)(1) through (a)(4):
      (1)   Coin-in-the-slot operated mechanical devices;
      (2)   Vending machines;
      (3)   Crane games; and
      (4)   Redemption machines.
   INTERNET. An interactive, computer service or system or an information service, system or access software provider that provides or enables computer access by multiple users to a computer server, and includes, but is not limited to, an information service, system or access software provider that provides access to a network system commonly known as the INTERNET, or any comparable system or service and also includes, but is not limited to, a World Wide Web page, newsgroup, message board, mailing list or chat area on any interactive computer service or system or other online service.
   LOTTERY. Any scheme or procedure whereby one or more prizes are distributed by chance among persons who have paid or promised consideration for a chance to win such prizes, whether such scheme or procedure is called a lottery, raffle, gift, sale or some other name, excluding savings promotion raffles authorized under Section 5g of the Illinois Banking Act, Section 7008 of the Savings Bank Act, Section 42.7 of the Illinois Credit Union Act, Section 5136B of the National Bank Act (12 U.S.C. 25a), or Section 4 of the Home Owners’ Loan Act (12 U.S.C. 1463).
   POLICY GAME. Any scheme or procedure whereby a person promises or guarantees by any instrument, bill, certificate, writing, token or other device that any particular number, character, ticket or certificate shall in the event of any contingency in the nature of a lottery entitle the purchaser or holder to receive money, property or evidence of debt.
(720 ILCS 5/28-2)
§ 14-2-8  GAMBLING OFFENSES.
   (A)   Committing offense. A person commits gambling when, within the corporate limits of the village, he or she:
      (1)   Plays a game of chance or skill for money or other thing of value, unless excepted in division (B) below;
      (2)   Makes a wager upon the result of any game, contest or any political nomination, appointment or election;
      (3)   Operates, keeps, owns, uses, purchases, exhibits, rents, sells, bargains for the sale or lease of, manufactures or distributes any gambling device;
      (4)   Contracts to have or give himself or another the option to buy or sell, or contracts to buy or sell, at a future time, any grain or other commodity whatsoever, or any stock or security of any company, as described in 720 ILCS 5/28-1(a)(4);
      (5)   Knowingly owns or possesses any book, instrument or apparatus by means of which bets or wagers have been, or are, recorded or registered, or knowingly possesses any money which he or she has received in the courses of a bet or wager;
      (6)   Sells pools upon the result of any game or contest of skill or chance, political nomination, appointment or election;
      (7)   Sets up or promotes any lottery or sells, offers to sell or transfers any ticket or share for any lottery;
      (8)   Sets up or promotes any policy game or sells, offers to sell or knowingly possesses or transfers any policy ticket, slip, record, document or other similar device;
      (9)   Knowingly drafts, prints or publishes any lottery ticket or share, or any policy ticket, slip, record, document or similar device, except for such activity related to lotteries, bingo games and raffles authorized by and conducted in accordance with the laws of Illinois or any other state or foreign government;
      (10)   Knowingly advertises any lottery or policy game, except for such activity related to lotteries, bingo games and raffles authorized by and conducted in accordance with the laws of Illinois or any other state;
      (11)   Knowingly transmits information as to wagers, betting odds or changes in betting odds by telephone, telegraph, radio, semaphore or similar means; or knowingly installs or maintains equipment for the transmission or receipt of such information; except that, nothing in this division (A)(11) prohibits transmission or receipt of such information for use in news reporting of sporting events or contests; or
      (12)   Knowingly establishes, maintains or operates an Internet site that permits a person to play a game of chance or skill for money or other thing of value by means of the Internet or to make a wager upon the result of any game, contest, political nomination, appointment or election by means of the Internet. This division (A)(12) does not apply to activities referenced in divisions (B)(6) and (B)(7) of this section.
   (B)   Conviction. Participants in any of the following activities shall not be convicted of gambling:
      (1)   Agreements to compensate for loss caused by the happening of chance including without limitation contracts of indemnity or guaranty and life or health or accident insurance;
      (2)   Offers of prizes, awards or compensation to the actual contestants in any bona fide contest for the determination of skill, speed, strength or endurance or to the owners of animals or vehicles entered in such contest;
      (3)   Pari-mutuel betting as authorized by the law of this state;
      (4)   Manufacture of gambling devices, including the acquisition of essential parts therefor and the assembly thereof, for transportation in interstate or foreign commerce to any place outside this state when such transportation is not prohibited by any applicable federal law; or the manufacture, distribution or possession of video gaming terminals, as defined in the Video Gaming Act, by manufacturers, distributors and terminal operators licensed to do so under the Video Gaming Act;
      (5)   The game commonly known as “bingo”, when conducted in accordance with 230 ILCS 25/1 et seq.;
      (6)   Lotteries when conducted by the state in accordance with 20 ILCS 1605/1 et seq. This exemption includes any activity conducted by the Department of Revenue to sell lottery tickets pursuant to the provisions of 20 ILCS 1605/1 et seq. and its rules;
      (7)   The purchase of lottery tickets through the Internet for a lottery conducted by the state under the program established in 230 ILCS 25/17.12;
      (8)   Possession of an antique slot machine that is neither used nor intended to be used in the operation or promotion of any unlawful gambling activity or enterprise. For the purpose of this division (B)(8), an ANTIQUE SLOT MACHINE is one manufactured 25 years ago or earlier;
      (9)   Raffles when conducted in accordance with 230 ILCS 15/1 et seq.;
      (10)   Charitable games when conducted in accordance with 230 ILCS 30/1 et seq.;
      (11)   Pull tabs and jar games when conducted under 230 ILCS 20/1 et seq.;
      (12)   Gambling games conducted on riverboats when authorized under 230 ILCS 10/1 et seq.; or
      (13)   Video gaming terminal games at a licensed establishment, licensed truck stop establishment, licensed fraternal establishment, or licensed veterans establishment when conducted in accordance with the Video Gaming Act being 230 ILCS 40/1 et seq.
      (14)   Savings promotion raffles authorized under Section 5g of the Illinois Banking Act, Section 7008 of the Savings Bank Act, Section 42.7 of the Illinois Credit Union Act, Section 5136B of the National Bank Act (12 U.S.C. 25a), or Section 4 of the Home Owners’ Loan Act (12 U.S.C. 1463).
   (C)   Sentence. Gambling under divisions (A)(1) and (A)(2) of this section is a class A misdemeanor. Gambling under divisions (A)(3) through (A)(11) of this section is a class A misdemeanor. A second or subsequent conviction under any of divisions (A)(3) through (A)(11) is a class 4 felony. Gambling under division (A)(12) of this section is a class A misdemeanor. A second or subsequent conviction under division (A)(12) is a class 4 felony.
   (D)   Circumstantial evidence. In prosecutions under division (A) of this section, circumstantial evidence shall have the same validity and weight as in any criminal prosecution.
(720 ILCS 5/28-1)
§ 14-2-9  KEEPING A GAMBLING PLACE.
   (A)   For purposes of this section, a GAMBLING PLACE  is any real estate, vehicle, boat or any other property whatsoever used for the purposes of gambling other than gambling conducted in the manner authorized by the Riverboat Gambling Act, being 230 ILCS 10/1 et seq. or the Video Gaming Act, being 230 ILCS 40/1 et seq. Any person who knowingly permits any premises or property owned or occupied by him or her or under his or her control to be used as a gambling place commits a class A misdemeanor. Each subsequent offense is a class 4 felony.
   (B)   When any premises is determined by the Circuit Court to be a gambling place:
      (1)   The premises is hereby declared to be a public nuisance and may be proceeded against as such;
      (2)   All licenses, permits or certificates issued by the state or any subdivision or public agency thereof authorizing the serving of food or liquor on such premises shall be void; and no license, permit or certificate so canceled shall be reissued for the premises for a period of 60 days thereafter; nor shall any person convicted of keeping a gambling place be reissued such license for one year from his or her conviction and, after a second conviction of keeping a gambling place, any such person shall not be reissued such license; and
      (3)   The premises of any person who knowingly permits thereon a violation of any section of this chapter shall be held liable for and may be sold to pay any unsatisfied judgment that may be recovered and any unsatisfied fine that may be levied under any section of this chapter.
(720 ILCS 5/28-3) 
§ 14-2-10  SEIZURE OF GAMBLING DEVICES AND GAMBLING FUNDS.
   (A)   Every device designed for gambling which is incapable of lawful use or every device used unlawfully for gambling shall be considered a gambling device  and shall be subject to seizure, confiscation and destruction by village authorities. As used in this section, a GAMBLING DEVICE includes any slot machine and includes any machine or device constructed for the reception of money or other thing of value and so constructed as to return or cause someone to return on chance to the player thereof money, property or a right to receive money or property. With the exception of any device designed for gambling which is incapable of lawful use, no gambling device shall be forfeited or destroyed unless an individual with a property interest in the device knows of the unlawful use thereof.
   (B)   Every gambling device shall be seized and forfeited as contraband to the county wherein the seizure occurs. Any money or other thing of value integrally related to acts of gambling shall be seized and forfeited as contraband to the county wherein the seizure occurs.
(720 ILCS 5/28-5(a),(b))
§ 14-2-11  IMPERSONATION.
   It shall be unlawful for any person to assume a false identity and do an act in his or her assumed character with the intent to defraud another, or pretend to be a representative of some person or organization and do an act in his or her pretended capacity with the intent to defraud another.
§ 14-2-12  IMPERSONATION; IMPERSONATING AND INTERFERING WITH VILLAGE OFFICERS.
   It shall be unlawful for any person to falsely represent himself or herself to be an officer of the village or shall, without being duly authorized, exercise or attempt to exercise any of the duties, functions or powers of a village officer or shall hinder, obstruct, resist or otherwise interfere with any village officer in the discharge of his or her official duties.
§ 14-2-13  POLLUTION.
   (A)   It shall be unlawful for any person to cause or permit the discharge, emission, escape or release into the atmosphere from any source such quantities of soot, fly ash, dust, cinders, dirt, oxides, gases, vapors, odors, toxic or radioactive substances, waste or other solid, liquid or gaseous matter in such quantities and in such place or manner as to endanger the health, comfort or safety of any person or of the public, or in any such manner as to cause or tend to cause injury or damage to property or business.
   (B)   Except as herein provided, it shall be unlawful for any person to cause or permit the emission of any smoke consisting of small airborne particles other than water from any source whatever, or a density, shade or opacity equal to or greater than described as No. 1 on the Ringelmann Chart as published by the United States Bureau of Mines. A copy of the Ringelmann Chart is on file with the village.
   (C)   During any eight-hour period, smoke having a density, shade or opacity equal to but not greater than Ringelmann No. 3 shall be permitted for a total time of no greater than two minutes.
§ 14-2-14  POLLUTION; CREATING ODORS.
   It shall be unlawful for any person to conduct any business or use any premises so as to create an offensive smell or an odor that may taint the air and render it unwholesome or disagreeable to any reasonable person, or to the public or to cause or tend to cause injury or damage to persons, property or business.
§ 14-2-15  POLLUTION; NOISES GENERALLY.
   It shall be unlawful for any person within the village to make, continue or cause to be made or continued any noise, of whatever type or nature, which unreasonably disturbs, injures or endangers the comfort, repose, health, peace or safety of reasonable persons of ordinary sensitivity; or any noise so harsh or prolonged, unnatural or unusual in time or place as to occasion unreasonable discomfort to any person of ordinary sensitivity.
(Ord. 2013-05-17, passed 5-6-2013)
§ 14-2-16  POLLUTION; NOISES DEFINED, PROHIBITED.
   The following acts, among others, are declared to constitute a nuisance and to be noise which unreasonably disturbs, injures or endangers the comfort, repose, health, peace or safety of reasonable persons of ordinary sensitivity:
   (A)   Musical instruments and audio media devices. The operation of any musical instrument or any audio media device, including but not limited to radio receiving set, stereo system, compact disk player, iPod, or television, between the hours of 10:00 p.m. and 9:00 a.m. in such a manner as to be plainly audible at a distance of 25 feet or more from where such audio media device is located or at the lot line of the property upon which such instrument, phonograph, machine or device is located, whichever is the greater distance therefrom.
   (B)   Air conditioning units and the like.
      (1)   The use, operation, or permitting of use or operation of any refrigerating equipment, fans, blowers humidifiers, dehumidifiers, or other air circulating or air conditioning equipment, whether part of a structure or a vehicle, in such manner as to be plainly audible upon residential property at a distance of 30 feet from which such equipment is located or at the lot line of the property upon which such equipment is located, whichever is the greater distance therefrom.
      (2)   In any air cooled air conditioning installation, the condensers must be located in such a manner that the discharged air is not directed at the adjoining properties.
   (C)   Sound amplification.
      (1)   The operation of any sound amplification device between the hours of 10:00 p.m. and 9:00 a.m. daily, which is plainly audible on any residential property at a distance of 25 feet or more from where such sound amplification device is located or at the lot line of the property upon which such sound amplification device is located, whichever is the greater distance therefrom.
      (2)   The operation of any sound amplification device between the hours of 9:00 a.m. and 10:00 p.m. daily, which is plainly audible on any residential property at a distance of 75 feet or more when measured from the lot line of the property upon which the sound amplification device is located.
   (D)   Yelling, shouting and the like. Yelling, shouting, hooting, whistling, or singing outdoors in such a manner as to be plainly audible within 25 feet of any residential property between the hours of 10:00 p.m. and 9:00 a.m.
   (E)   Animals, birds, and the like. The keeping of any animal or bird which vocalizes (howls, yelps, barks, squawks or other similar vocalization) and such vocalization is plainly audible upon residential property beyond the property from which the vocalization is generated for more than four minutes without interruption. The term without interruption shall be defined as an average of four vocalizations per minute within a four-minute period.
   (F)   Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat, or motor vehicle except through an operational muffler or other device properly maintained to prevent excessive noise therefrom.
   (G)   Construction or repairing of buildings. The erection (including excavating), demolition, alteration or repair of any building other than between the hours of 6:00 a.m. and 8:00 p.m. on Monday through Friday, and between the hours of 8:00 a.m. and 8:00 p.m. on Saturday, except in the case of urgent necessity in the interest of public health and safety, and then only with a permit from the Building Official, which permit may be granted for a period not to exceed three days or less while the emergency continues and which permit may be renewed for periods of three days or less while the emergency continues. If the Building Official should determine that the public health and safety of other persons will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways within such hours, and he or she further determines that loss or inconvenience would result to any party in interest seeking permission, he or she may grant permission for such work to be done during other hours, upon application made at the time the permit for work is awarded or during the progress of the work.
   (H)   Exemptions. Sounds caused by the following are exempt from the provision contained herein.
      (1)   Repairs of utility structures that pose a clear and immediate danger to life or safety.
      (2)   Sirens, whistles or bells lawfully used by emergency vehicles.
      (3)   The emission of sound for the purpose of alerting persons to the existence of an emergency or emergency work.
      (4)   Repairs or excavations of bridges, streets or highways by or on behalf of the village, Du Page County, the State of Illinois or the United States government between the hours of 7:00 p.m. and 7:00 a.m., when the public welfare and convenience renders it impractical to perform the work during hours otherwise allowed by ordinance.
      (5)   Outdoor gatherings and public events, provided that a permit has been obtained from the appropriate permitting authority.
      (6)   Internal combustion engines when used to prevent freezing or flooding during power outages.
   (I)   Definitions. The following terms shall have the meanings as set forth herein.
      (1)   AUDIO MEDIA DEVICE.  Any machine or device by which music, rhythmic sounds or speech is produced or provided and shall include but not be limited to radios, stereos, compact disk players, iPods, televisions or other such machines or devices.
      (2)   EMERGENCY.  An occurrence of set of circumstances involving actual or imminent physical trauma or property damage demanding immediate attention.
      (3)   EMERGENCY WORK.  Any work performed for the purpose of preventing or alleviating physical trauma or property damage, whether actual or threatened by an emergency, or work by public or private utilities when restoring utility service.
      (4)   PLAINLY AUDIBLE.  Any sound that can be detected by a person using his or her hearing faculties, unaided by any mechanical device such as a hearing aid. For a sound to be PLAINLY AUDIBLE, it is not required that particular words or phrases are determinable or that the name, artist or type of instrument producing the sound can be determined. The detection of any rhythmic bass or reverberating type of sound is sufficient to constitute a plainly audible sound.
      (5)   PROPERTY or LOT LINE.  Either:
         (a)   The boundary line of a parcel of real estate;
         (b)   The vertical and horizontal boundary of a dwelling unit that is part of a multi-family dwelling unit; or
         (c)   On a mixed use property, the interface between the two portions of the property on which different categories of activity are being performed.
      (6)   RESIDENTIAL PROPERTY.  Any real property which contains a building constructed for a residential purpose or in which one or more persons reside, provided that the building is property zoned or is legally nonconforming for residential use within the village.
      (7)   SOUND AMPLIFICATION DEVICE. Any speaker, loudspeaker, amplifier or any other device or system by which sounds may be enhanced or magnified.
(Ord. 2013-05-17, passed 5-6-2013)
§ 14-2-17 ADOPTION OF THE STATE OF ILLINOIS NOISE POLLUTION CONTROL REGULATIONS.
   There is hereby adopted by reference the State of Illinois Noise Pollution Control Regulations, as set forth in Title 35 Environmental Protection, Subtitle H, Noise, Chapter I, Pollution Control Board, dated May 1, 1984, as now or hereafter amended.
(Ord. 2013-05-17, passed 5-6-2013)
§ 14-2-18  PROSTITUTION.
   (A)   It shall be unlawful for any person to commit prostitution within the village.
   (B)   Any person who performs, offers or agrees to perform any act of sexual penetration, as defined by 720 ILCS 5/11-0.1, for any money, property, token, object or article or anything of value, or any touching or fondling of the sex organs of one person by another person, for  any money, property, token, object or article or anything of value, for the purpose of sexual arousal or gratification commits an act of prostitution.
§ 14-2-19  PROSTITUTION; SOLICITING FOR.
   (A)   It shall be unlawful for any person to solicit for a prostitute within the village.
   (B)   Any person who performs any of the following acts commits soliciting for a prostitute:
      (1)   Solicits another for the purpose of prostitution;
      (2)   Arranges or offers to arrange a meeting of persons for the purpose of prostitution; or
      (3)   Directs another to a place knowing such direction is for the purpose of prostitution.
§ 14-2-20  PROSTITUTION; KEEPING A PLACE OF.
   (A)   It shall be unlawful for any person to keep a place of prostitution within the village.
   (B)   Any person who has or exercises control over the use of any place which could offer seclusion or shelter for the practice of prostitution who performs any of the following acts keeps a place of prostitution:
      (1)   Knowingly grants or permits the use of such place for the purpose of prostitution;
      (2)   Grants or permits the use of such place under circumstances from which he or she could reasonably know that the place is used or is to be used for purposes of prostitution; or
      (3)   Permits the continued use of a place after becoming aware of facts or circumstances from which he or she should reasonably know that the place is being used for purposes of prostitution.
§ 14-2-21  PROSTITUTION; PATRONIZING.
   (A)   It shall be unlawful for any person to patronize a prostitute within the village.
   (B)   Any person who performs any of the following acts with a person not his or her spouse commits the offense of patronizing a prostitute:
      (1)   Engages in an act of sexual penetration, as defined in 720 ILCS 5/11-0.1, with a prostitute; or
      (2)   Enters or remains in a place of prostitution with intent to engage in an act of sexual penetration, as defined in 720 ILCS 5/11-0.1.
§ 14-2-22  INDECENCY; PUBLIC.
   (A)   It shall be unlawful for any person to commit a public indecency within the village.
   (B)   Any person of the age of 17 years and upwards who performs any of the following acts in a public place commits a public indecency:
      (1)   An act of sexual penetration or sexual conduct, as defined in 720 ILCS 5/11-0.1; or
      (2)   A lewd exposure of the body done with intent to arouse or to satisfy the sexual desire of the person.
   (C)   Breast-feeding of infants is not an act of public indecency.
   (D)   For purposes of this section, PUBLIC PLACE means any place where the conduct may reasonable be expected to be viewed by others.
§ 14-2-23  INDECENCY; NUDITY.
   It shall be unlawful for any person, for the purpose of bathing or otherwise, to appear in any public place in a state of nudity.
§ 14-2-24  INDECENCY; INDECENT EXHIBITION OF ANIMALS.
   It shall be unlawful for any person to instigate, cause or procure, or in any manner assist in any indecent exhibition of any animal or exhibit or perform an indecent, immoral or lewd play or show or representation of any kind.
§ 14-2-25  LEWD CONDUCT.
   It shall be unlawful for any person to intentionally perform any lewd act in a public place or at a place and under circumstances where such act could be reasonably viewed by any member of the public.
§ 14-2-26  OBSCENITY; ELEMENTS OF THE OFFENSE.
   (A)   A person commits obscenity when, with knowledge of the nature or content thereof, or recklessly failing to exercise reasonable inspection which would have disclosed the nature or content thereof, he or she:
      (1)   Sells, delivers, or provides, or offers or agrees to sell, deliver or provide any obscene writing, picture, record or other representation or embodiment of the obscene; 
      (2)   Presents or directs an obscene play, dance or other performance or participates directly in that portion thereof which makes it obscene;
      (3)   Publishes, exhibits or otherwise makes available anything obscene;
      (4)   Performs an obscene act or otherwise presents an obscene exhibition of his or her body for gain;
      (5)   Creates, buys, procures or possesses obscene matter or material with intent to disseminate it in violation of this section, or of the penal laws or regulations of any other jurisdiction; or
      (6)   Advertises or otherwise promotes the sale of material represented or held out by him or her to be obscene, whether or not it is obscene.
   (B)   Any material or performance is OBSCENE if:
      (1)   The average person, applying contemporary adult community standards, would find that, taken as a whole, it appeals to the prurient interest;
      (2)   The average person, applying contemporary adult community standards, would find that it depicts or describes, in a patently offensive way, ultimate sexual acts or sadomasochistic sexual acts, whether normal or perverted, actual or simulated, or masturbation, excretory functions or lewd exhibition of the genitals; and
      (3)   Taken as a whole, it lacks serious literary, artistic, political or scientific value.
(720 ILCS 5/11-20)
§ 14-2-27  OBSCENITY; INTERPRETATION OF EVIDENCE.
   (A)   Obscenity shall be judged with reference to ordinary adults; except that, it shall be judged with reference to children or other specially susceptible audiences if it appears from the character of the material or the circumstances of its dissemination to be specially designed for or directed to such an audience.
   (B)   Where circumstances of production, presentation, sale, dissemination, distribution or publicity indicate that material is being commercially exploited for the sake of its prurient appeal, such evidence is probative with respect to the nature of the matter and can justify the conclusion that the matter is lacking in serious literary, artistic, political or scientific value.
   (C)   In any prosecution for an offense under this section, evidence shall be admissible to show:
      (1)   The character of the audience for which the material was designed or to which it was directed;
      (2)   What the predominant appeal of the material would be for ordinary adults or a special audience, and what effect, if any, it would probably have on the behavior of such people;
      (3)   The artistic, literary, scientific, educational or other merits of the material, or absence thereof;
      (4)   The degree, if any, of public acceptance of the material in this state;
      (5)   Appeal to prurient interest, or absence thereof, in advertising or other promotion of the material; and
      (6)   Purpose of the author, creator, publisher or disseminator.
(720 ILCS Ch. 5/11-20) 
§ 14-2-28  OBSCENITY; PRIMA FACIE EVIDENCE.
   The creation, purchase, procurement or possession of a mold, engraved plate or other embodiment of obscenity specially adapted for reproducing multiple copies, or the possession of more than three copies of obscene material shall be prima facie evidence of an intent to disseminate.
(720 ILCS Ch. 5/11-20) 
§ 14-2-29  OBSCENITY; AFFIRMATIVE DEFENSE.
   It shall be an affirmative defense to obscenity that the dissemination:
   (A)   Was not for gain and was made to personal associates other than children under 18 years of age; and
   (B)   Was to institutions or individuals having scientific or other special justification for possession of such material.
(720 ILCS Ch. 5/11-20)
§ 14-2-30  HARMFUL MATERIAL.
   (A)   For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      DISTRIBUTE. Transfer possession of, whether with or without consideration.
      HARMFUL TO MINORS. The quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement or sado-masochistic abuse, when, taken as a whole, it:
         (a)   Predominately appeals to the prurient interest in sex of minors;
         (b)   Is patently offensive to prevailing standards in the adult community in the state as a whole with respect to what is suitable material for minors; and
         (c)   Lacks serious literary, artistic, political or scientific value for minors.
      KNOWINGLY. Having knowledge of the contents of the subject matter, or recklessly failing to exercise reasonable inspection which would have disclosed the contents.
      MATERIAL.
         (a)   Any picture, photograph, drawing, sculpture, film, video game, computer game, video or similar visual depiction, including any such representation or image which is stored electronically; or
         (b)   Any book, magazine, printed matter however reproduced, or recorded audio of any sort.
      MINOR. Any person under the age of 18.
      NUDITY. The showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state.
      SADO-MASOCHISTIC ABUSE. Flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one clothed for sexual gratification or stimulation.
      SEXUAL CONDUCT. Acts of masturbation, sexual intercourse or physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks or, if such person be a female, breast.
      SEXUAL EXCITEMENT. The condition of human male or female genitals when in a state of sexual stimulation or arousal.
   (B)   A person is guilty of distributing harmful material to a minor when he or she:
      (1)   Knowingly sells, lends, distributes or gives away to a minor, knowing that the minor is under the age of 18 or failing to exercise reasonable care in ascertaining the person’s true age:
         (a)   Any material which depicts nudity, sexual conduct or sado-masochistic abuse, or which contains explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sado-masochistic abuse, and which taken as a whole is harmful to minors;
         (b)   A motion picture, show or other presentation which depicts nudity, sexual conduct or sado-masochistic abuse and is harmful to minors; or
         (c)   An admission ticket or pass to premises where there is exhibited or to be exhibited such a motion picture, show or other presentation.
      (2)   Admits a minor to premises where there is exhibited or to be exhibited such a motion picture, show, or other presentation, knowing that the minor is a person under the age of 18 or failing to exercise reasonable care in ascertaining the person’s true age.
   (C)   In any prosecution arising under this section, it is an affirmative defense:
      (1)   The minor as to whom the offense is alleged to have been committed exhibited to the accused a draft card, driver’s license, birth certificate or other official or apparently official document purporting to establish that the minor was 18 years of age or older, which was relied upon by the accused;
      (2)   The defendant was in a parental or guardianship relationship with the minor or  that the minor was accompanied by a parent or legal guardian;
      (3)   The defendant was a bona fide school, museum or public library, or was a person acting in the course of his or her employment as an employee or official of such organization or retail outlet affiliated with and serving the educational purpose of such organization;
      (4)   The act charged was committed in aid of legitimate scientific or educational purposes; or
      (5)   An advertisement of harmful material as defined in this section culminated in the sale or distribution of such harmful material to a child under circumstances where there was no personal confrontation of the child by the defendant, his or her employees, or agents, as where the order or request for such harmful material was transmitted by mail, telephone, Internet or similar means of communication, and delivery of such harmful material to the child was by mail, freight, Internet or similar means of transport, which advertisement contained the following statement, or a substantially similar statement, and that the defendant required the purchaser to certify that he or she was not under the age of 18 and that the purchaser falsely stated that he or she was not under the age of 18:
      NOTICE
      It  is unlawful for any person under the age of 18 to purchase the matter advertised. Any  person under the age of 18 that falsely states that he or she is not under the age of 18 for  the purpose of obtaining the material advertised is guilty of a Class B misdemeanor under the laws of the State.
   (D)   The predominant appeal to prurient interest of the material shall be judged with  reference to average children of the same general age of the child to whom such material was  sold, lent, distributed or given, unless it appears from the nature of the matter or the  circumstances of its dissemination or distribution that it is designed for specially susceptible groups, in which case the predominant appeal of the material shall be judged with reference  to its intended or probable recipient group.
   (E)   Distribution of harmful material in violation of this section is a class A misdemeanor. A second or subsequent offense is a class 4 felony.
   (F)   Any person under the age of 18 that falsely states, either orally or in writing, that he or she is not under the age of 18, or that presents or offers to any person any evidence of age  and identity that is false or not actually his or her own for the purpose of ordering, obtaining, viewing or otherwise procuring or attempting to procure or view any harmful material is  guilty of a class B misdemeanor.
   (G)   A person over the age of 18 who fails to exercise reasonable care in ascertaining the true age of a minor, knowingly distributes to, or sends, or causes to be sent, or exhibits to, or offers to distribute, or exhibits any harmful material to a person that he or she believes is a minor is guilty of a class A misdemeanor. If that person utilized a computer web camera, cellular telephone or any other type of device to manufacture the harmful material, then each offense is a class 4 felony to be prosecuted under appropriate state law.
   (H)   Telecommunications carriers, commercial mobile service providers and providers of information services, including, but not limited to, Internet service providers and hosting service providers, are not liable under this section, except for willful and wanton misconduct, by virtue of the transmission, storage or caching of electronic communications or messages of others or by virtue of the provision of other related telecommunications, commercial mobile services or information services used by others in violation of this section.
(720 ILCS 5/11-21)
§ 14-2-31  PURCHASE AND POSSESSION OF TOBACCO PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS AND ELECTRONIC CIGARETTES BY A PERSON UNDER 21 YEARS OF AGE PROHIBITED.
   (A)   It shall be unlawful for any person under the age of 21 year to possess, purchase or attempt to purchase or use any tobacco products, alternative nicotine products or electronic cigarettes, or to misrepresent his or her identity or age, or to use any false or altered identification for the purpose of purchasing or attempting to purchase any tobacco products, alternative nicotine products or electronic cigarettes.
   (B)   The terms, TOBACCO PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS and ELECTRONIC CIGARETTES shall have the same meanings as defined in Chapter 10, Article 9, § 10-9-1 of the Carol Stream Code of Ordinance.
   (C)   Any person who violated division (A) of this section shall be punished by a fine of not less than $100, nor more than $750.
   (D)   Any police officer observing a violation of this section may, as an alternative to arresting the offender, issue a “hang-on ticket” as provided in Chapter 15, Article 4 of this Code of Ordinances pursuant to which the person cited may pay the sum of $100 within the time stated on the ticket as a compromise or settlement to avoid the prosecution of an ordinance violation in the Circuit Court.
(Ord. 95-04-19, passed 4-4-1995; Ord. 2017-05- 22, passed 5-1-2017; Ord. 2019-08-29, passed 8-5-2019)
§ 14-2-32  DRUG PARAPHERNALIA.
   (A)   No person shall keep for sale, offer for sale, sell or deliver for any commercial consideration any item of drug paraphernalia.
   (B)   Any store, place or premises from which or in which any item of drug paraphernalia is kept for sale, offered for sale, sold or delivered for any commercial consideration is declared to be a public nuisance.
   (C)   In addition to any other penalties already provided for by law and this section, a person or store owner convicted of selling drug paraphernalia shall be subject to having his or her license to sell tobacco revoked, as provided by § 10-1-13 of the Village of Carol Stream Code of Ordinances.
   (D)   No person shall knowingly possesses an item of drug paraphernalia with the intent to use it in ingesting, inhaling, or otherwise introducing a controlled substance into the human body, or in preparing a controlled substance for that use.  This section does not apply to a person who is legally authorized to possess hypodermic syringes or needles under the Hypodermic Syringes and Needles Act (720 ILCS 635/0.01).
   (E)   This section shall not apply to the following:
      (1)   Items historically and customarily used in connection with the planting, propagating, cultivating, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, or inhaling of cannabis, tobacco, or any other lawful substance, and including but not limited to, garden hoes, rakes, sickles, baggies, tobacco pipes, and cigarette-rolling papers.
      (2)   A person who is legally authorized to possess hypodermic syringes or needles under the Hypodermic Syringes and Needles Act.
   (F)   In determining whether or not a particular item is exempt under this section, the trier of fact should consider, in addition to all other logically relevant factors, the following:
      (1)   The general, usual, customary, and historical use to which the item involved has been put;
      (2)   Expert evidence concerning the ordinary or customary use of the item and the effect of any peculiarity in the design or engineering of the device upon its functioning;
      (3)   Any written instructions accompanying the delivery of the item concerning the purposes or uses to which the item can or may be put;
      (4)   Any oral instructions provided by the seller of the item at the time and place of sale or commercial delivery;
      (5)   Any national or local advertising concerning the design, purpose or use of the item involved, and the entire context in which such advertising occurs;
      (6)   The manner, place and circumstances in which the item was displayed for sale, as well as any item or items displayed for sale or otherwise exhibited upon the premises where the sale was made;
      (7)   Whether the owner or anyone in control of the object is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of cannabis or tobacco products;
      (8)   The existence and scope of legitimate uses for the object in the community.
   (G)   Any person violating the provisions of this section shall be fined not less than $750.
(Ord. 2011-12-44, passed 12-19-2011; Ord. 2020-01-01, passed 1-20-2020)
§ 14-2-33  SYNTHETIC ALTERNATIVE DRUGS.
   (A)   Definitions. For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires different meaning.
      DELIVER or DELIVERY. The actual, constructive or attempted transfer of possession, with or without consideration, whether or not there is an agency relationship.
      PRODUCT CONTAINING A SYNTHETIC ALTERNATIVE DRUG. Any product containing a synthetic cannabinoid, stimulant or psychedelic/ hallucinogen, as those terms are defined herein.
      SYNTHETIC CANNABINOID. Any laboratory-created compound that functions similar to the active ingredient in marijuana, tetrahydrocannabinol (THC), including, but not limited to, any quantity of a natural or synthetic material, compound, mixture, preparation, substance and their analog (including isomers, esters, ethers, salts, and salts of isomers) containing a cannabinoid receptor agonist, such as:
         (a)   JWH-007 (l-pentyl-2-methyl- 3-(l-naphthoyl)indole);
         (b)   JWH-015 ((2-Methyl-l-propyI-lH- indol-3 -yl)-l -naphthalenylmethanone);
         (c)   JWH-018 (1-penty1-3-(1- naphthoyl)indole);
         (d)   JWH-019 (l-hexyl-3- (naphthalen-l-oyl)indole);
         (e)   JWH-073 (naphthalen-l-yl-(l- butylindol-3-yl)methanone);
         (f)   J WH-081 (4-methoxynaphthalen-l- y1-(1-pentylindo1-3-yl)methanone);
         (g)   JWH-098 (4-methoxynaphthalen-l- yl-(l-penty 1-2-methylindol-3- yl)methanone);
         (h)   JWH-I22 (1-Pentyl-3-(4-methy)- l-naphthoyl)indole);
         (i)   JWH-164 (7-methoxynaphthalen- l-yl-(l-pentylindol-3-yl)methanone;
         (j)   JWH-200 (l-(2-morpholin-4- ylethypindol-3-yl)-naphthalen-l-ylmethanone);
         (k)     JWH-203 (2-(2-chloropheny 1)-1- (1 -pentylindo 1 -3-y)thanone;
         (l)   JWH-210 (4-cthylnaphthalen-l-yl- (l-pentylindol-3-yl)methanone;
         (m)   JWH-250 (1-penty1-3-(2- methoxyphenylacetypindole);
         (n)   JWH-251 (1-pentyl-3-(2- methylphenylacetypindole);
         (o)   JWH-398 (1-pentyl-3-(4-chloro-l- naphthoypindole);
         (p)   HU-210((6aR,10aR)-9- (Hydroxymethyl)-6,6-dimethyl-3-(2-methyIoctan-2- yl)-6a,7,10,1 Oa-tetrahydrobenzo [c]chromen-l-ol);
         (q)   HU-211 ((6aS,10aS)-9- (Hydroxymethyl)-6,6-dimethyl -3-(2-methyloctan-2-y 1)-6a,7,10,10a- tetrahydrobenzo [c]chromen-l-ol);
         (r)   HU-308 (f(lRJ2R,5R)-242,6- dimethoxy-4-(2-methyloctan-2-yl)phenyl]-7,7- dimethyl-4-bicyclo[3.1.l]hept-3-enyl] methanol);
         (s)   HU-331 ((3-hydroxy-2-[(lR,6R)- 3-methyl-6-(l-methylethenyl)-2-cyclohexen-l-y1]-5- pentyl- 2,5-cycIohexadiene-1,4-dione);
         (t)   CP 55,940 (2-[(lR,2R,5R)-5- hydroxy-2-(34rydroxypropyl) cyclohexyl]-5-(2- methyloctan-2-yl)phenol);
         (u)   CP47,497 (2-[(lR,3S)-3- hydroxycyclohexyl]-5-(2-methyloctan-2yl)phenol) and
its homologues;
         (v)   WIN 55,212-2((R)-(+)-[2,3- Dihydro-5-methyI-3-(4-morpholinylmethyl)pyrrolo[l ,2,3-de)-l,4-benzoxazin-6-yl]-l- nepthalenylmethanone);
         (w)   RCS-4 ((4-methoxyphenyl)(l- pentyl-lH-indol-3-yl)methanone); and
         (x)   RCS-8(l-(l-(2-cyclohexylethyI)-lH- indol-3-yl)-2-(2-methoxyphenypethanone).
      SYNTHETIC PSYCHEDELIC/ HALLUCINOGEN. Any compound that mimics the effects of any federally controlled Schedule I substance, including, but not limited to, any quantity of a natural or synthetic material, compound, mixture, preparation, substance and their analog (including salts, isomers, esters, ethers and salts of isomers) containing substances which have a psychedelic/hallucinogenic effect on the central nervous system and/or brain, such as:
         (a)   2-(2,5-Dimethoxy-4- ethylphenyl)ethanamine (2C-E);
         (b)   2-(2,5-dimethoxy-4- methylphenyl)ethanamine (2C-D);
         (c)    2-(4-Chloro-2,5-dimethoxy-phenyl)ethanamine (2C-C);
         (d)    2-(4-lodo-2,5-dimethoxy-phenyl)ethanamine (2C-I);
         (e)    2-(4-(Ethylthio)-2,5-dimethoxy-phenyl)ethanamine (2C-T-2);
         (f)   2-(4-(Isopropylthio)-2,5- dimethoxyphenyl)ethanamine (2C-T-4);
         (g)   2-(2,5-Dimethoxyphenyl) ethanamine (2C-H);
         (h)   2-(2,5-Dimethoxy-4-nitro- phenyl)ethanamine (2C-N); and
         (i)    2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P).
      SYNTHETIC STIMULANT. Any compound that mimics the effects of any federally controlled Schedule I substance such as cathinone, methcathinone, MDMA and MDEA, including, but not limited to, any quantity of a natural or synthetic material, compound, mixture, preparation, substance and their analog (including salts, isomers, and salts of isomers) containing substances which have a stimulant effect on the central nervous system, such as:
         (a)   3-Fluoromethcathinone;
         (b)   4-Fluoromethcathinone (other name: flephedrone);
         (c)   3,4-Methylenedioxymethcathinone (other name: methylone, MDMC);
         (d)   3,4-Methylenedioxypyrovalerone (other name: MDPV);
         (e)   4-Methylmethcathinon (other names: mephedrone, 4-MMC);
         (f)   4-Methoxymethcathinone (other names: methedrone, bk-PMMA, PMMC);
         (g)   4-Ethylmethcathinone (other name: 4-EMC);
         (h)   Ethcathinone;
         (i)    Beta-keto-N-methylbenzo-dioxyolylpropylamine (other names: butylone, bk-MBDB);
         (j)   Napthylpyrovalerone (other names: naphyrone, NRG-1);
         (k)   N,N-dimethylcathinone (other name: metamfepramone);
         (l)   Alpha-pyrrolidinopropiophenone (other name: alpha-PPP);
         (m)   4-methoxy-alpha- pyrrolidinopropiophenone (other name: MOPPP);
         (n)   3,4-methylenedioxy-alpha- pyrrolidinopropiophenone (other name: MDPPP);
         (o)   Alpha-pyrrolidinovalerophenone (other name: alpha-PVP);
         (p)   6,7-kihydro-5H-indeno(5,6-d)- l,3-dioxal-6-amine) (other name: MDAI); and
         (q)   Any compound that is structurally derived from 2-amino-1-phenyl-l-propanone by modification or substitution in any of the following ways:
            1.   In the phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl or halide substituents, whether or not further substituted in the phenyl ring by one or more other univalent substituents;
            2.   At the 3-position with an alkyl substituent;
            3.   At the nitrogen atom with alkyl, dialkyl, benzyl or methoxybenzyl groups; or
            4.   By inclusion of the nitrogen atom in a cyclic structure.
   (B)   Sale or delivery unlawful. No person shall sell, offer for sale or deliver any product containing a synthetic cannabinoid, a synthetic stimulant or a synthetic psychedelic/hallucinogen including, but not limited to, those products set forth in division (E) below.
   (C)   Possession unlawful. No person shall knowingly possess a product containing a synthetic cannabinoid, a synthetic stimulant or a synthetic psychedelic/hallucinogen, and including, but not limited to, those products set forth in division (E) below.
   (D)   Use unlawful. It shall be unlawful for any person to be under the influence of a synthetic cannabinoid, a synthetic stimulant or a synthetic psychedelic/hallucinogen.
   (E)   List. The following products have been determined to contains synthetic cannabinoid, synthetic stimulus or synthetic psychedelic/ hallucinogen:
 
POW
Wicked X
XTREME Spice
Spice Gold
K2 Summit
Stinger
Swagger Grape
Love Strawberry
Pulse
Spice Gold
Shanti Spice Blueberry
Mystery
Pulse
Aztec Midnight Wind
Bad 2 the Bone
Black Mamba
Tezcatlipoca
Dragon Spice
Naughty Nights
Sativah
Samurai Spirit
K2 Watermelon
Mid-Atlantic Exemplar
Buzz
Black Mamba
(K2 Summit)
Midnight Chill
Green Monkey Chronic Salvia
Aztec Gold
K Royal
Voodoo Remix
K2 Summit
Spicylicious
G Greenies Caramel Crunch
Ultra Cloud 10
Shanti Spice
Black Diamond
Colorado Chronic
K3 Grape
Blueberry Hayze
K3 Kryptonite
K3 Strawberry
Eruption Spice
Funky Monkey XXXX
K3 Blueberry
Love Strawberry
K2 Blue
Earthquake
Voodoo Child
K2 Blonde
Ocean Blue
Mid-Atlantic Exemplar
K2Pink
G Four
K2 Summit
K2 Citron K2
Wood Stock
Magic Dragon Platinum
Mellon K2
K3 Legal
Fire Bird Ultimate
Pineapple
Who Dat
Strength Cinnamon
K2 Standard
Dark Night II
Nitro
K2 Summit
Spike 99 Ultra
Black Magic Salvia
Si. S Werve
2010
Black Mamba
Chronic Spice
Zombie World
K2 Strawberry
K3 Mango
SYN Swagg
K2 Blueberry
K3 Original
SYN Smooth
SYN Spearmint
Magic Spice
SYN Incense Smooth
SYN Spearmint #2
Voodoo Magic
SYN Incense Spearmint
SYN Chill
Texas Gold
SYN Incense LemonLime
SYN Suave
Demon
Super Summit
Heavenscent Suave
K3
D-Rail
SYN Vanilla
K2 Pink Panties
K2 Peach
SYN Vanilla #2
Heaven Improved<