Unless otherwise expressly stated or unless the context clearly indicates a different intention, the following terms shall, for the purpose of this chapter, have the following meanings:
CHRONIC NUISANCE PROPERTY: Any premises to which the police department has responded, at least three (3) times in any consecutive one hundred eighty (180) day period, and on each response has found nuisance activity or multiple instances of nuisance activity. In cases of prostitution, illegal possession, delivery, or manufacture of or trafficking in controlled substances or cannabis shall be three (3) times in any consecutive three hundred sixty five (365) day period.
NUISANCE ACTIVITY: Behavior or conduct that meets the definition of:
A. Disorderly conduct, as defined in 720 Illinois Compiled Statutes 5/26-1;
B. Unlawful use of weapons, as defined in 720 Illinois Compiled Statutes 5/24-1 et seq.;
C. Mob action, as defined in 720 Illinois Compiled Statutes 5/25-1;
D. Discharge of firearm, as defined in 720 Illinois Compiled Statutes 5/24-1.2 and 1.5;
E. Gambling, as defined in 720 Illinois Compiled Statutes 5/28-1;
F. Possession, manufacture or delivery of controlled substances, as defined in 720 Illinois Compiled Statutes 570/401 et seq.;
G. Assault, battery or offenses related thereto, as defined in 720 Illinois Compiled Statutes 5/12-1 et seq.;
H. Sexual abuse or related offenses, as defined in 720 Illinois Compiled Statutes 5/12-15 et seq.;
I. Public indecency, as defined in 720 Illinois Compiled Statutes 5/11-9;
J. Prostitution, as defined in 720 Illinois Compiled Statutes 5/11-14;
K. Criminal damage to property, as defined in 720 Illinois Compiled Statutes 5/21-1 et seq.;
L. Possession, cultivation, manufacture or delivery of cannabis, as defined in 720 Illinois Compiled Statutes 550/1 et seq.; and
M. Illegal consumption or possession of alcohol, as defined in 235 Illinois Compiled Statutes 5/1 et seq.
OWNER: Any person, agent, firm, association, partnership, corporation, including a mortgagee in possession in whom is vested all or part of the legal title to the premises, or all or part of the beneficial ownership and the right to present use and enjoyment of the premises, or an occupant of that premises or structures appurtenant thereto.
PERSON: Any individual, association, partnership, or corporation capable of owning, leasing or otherwise controlling, whether by actual or constructive possession thereof, the use of a premises within the city of Des Plaines.
PERSON IN CHARGE: Any person in actual or constructive possession of a premises, including, but not limited to, an owner, person, lessee or occupant.
PREMISES: Any parcel of property and the building or structure, if any, which is situated on the property, and any portion of the public way that is near the parcel of property that is used in conjunction with the property for the commission of nuisance activity. (Ord. M-33-07, 10-15-2007)