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(A) It shall be a violation of this subchapter for a person to loiter in a public place in a manner and under circumstances manifesting the purpose of illegally using, possessing, transferring or selling any cannabis or controlled substance, among the circumstances which may be considered in determining whether such a purpose is manifested are:
(1) The person is a known illegal user, possessor or seller of cannabis or controlled substance, or the person is loitering in a place frequented by persons who are known to illegally use, possess, transfer or sell cannabis or controlled substances;
(2) The person repeatedly attempts to stop or engage in conversation with passersby, whether the passersby are on foot or in a motor vehicle or other form of transportation, for the purposes of inducing, enticing, soliciting or procuring another to illegally possess, transfer or buy any cannabis or controlled substances; and/or
(3) The person repeatedly passes to or receives from passersby are on foot or in a motor vehicle or other form of transportation, money, objects or written material for the purposes of inducing, enticing, soliciting or procuring another to illegally possess, transfer or buy any cannabis or a controlled substance.
(B) A person shall not have violated this subchapter unless he or she demonstrates expressly or implicitly a specific intent to induce, entice, solicit or procure another to illegally possess, transfer or buy cannabis or a controlled substance.
(C) A peace officer may not arrest a person for violation of this subchapter unless the peace officer first offers the person an opportunity to explain his or her conduct.
(D) For the purposes of this section,
A KNOWN ILLEGAL USER, POSSESSOR OR SELLER OF CONTROLLED SUBSTANCES: is a person who, within one year previous to the date of arrest for violation of the section, has within the knowledge of the arresting officer been convicted of illegally manufacturing, using, possessing, selling, purchasing or delivering any controlled substance.
(Ord. G-139, passed 9-11-1995) Penalty, see § 13.10.999
(A) General. Any person violating any provision of this chapter for which no specific penalty is prescribed, shall be subject to § 1.05.999.
(B) Unlawful assemblages. Any person, firm or corporation violating any provision of § 13.10.005 shall be fined not less than $75 nor more than $750 for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
(Prior Code, § 9.16.020)
(C) Loitering. Any person, firm or corporation violating any provision of § 13.10.010 shall be fined not less than $75 nor more than $750 for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
(Prior Code, § 9.20.020)
(D) Hunting. Any person, firm or corporation violating any provision of § 13.10.015 shall be fined not less than $75 nor more than $750 for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
(Prior Code, § 9.28.020)
(E) Possession of tobacco products by minor. Any person violating any of the provisions of § 13.10.020 shall be punished as follows:
(1) By a fine of not less than $75 nor more than $750. However, a violation hereunder may be enforces pursuant to § 1.05.999; and/or
(2) Punishment may also consist of mandatory participation in and successful completion of the Tobacco Education program through Grundy County Health Department.
(Prior Code, § 9.32.040)
(G) Graffiti and the like.
(1) Graffiti prohibited.
(a) The penalty for violation of § 13.10.070(C) shall be a fine of not less than $75 nor more than $750. In addition to the fine, the offender may be ordered by the court to pay restitution to the property owner for the cost of restoring the property to its state prior to the application of graffiti.
(b) The penalty for violation of § 13.10.070(D) shall be a fine of not less than $75 nor more than $750 and a separate offense shall be deemed committed on each day during or on which a violations occurs or continues.
(c) The penalty for violation of § 13.10.070(E) shall be a fine of not less than $75 nor more than $750.
(2) Maintaining public nuisance. Any person violating § 13.10.085 shall be fined not less than $75 nor more than $750. Furthermore, if the person is not the owner of the building being used for gang-related activity, the court may order the offender to pay restitution to the owner for the costs of any damage caused by the gang-related activity, the court may order the offender to pay restitution to the owner for the costs of any damage caused by the gang-related activity, unless the owner know or should have known that the activity was taking place and negligently or willfully failed to notify the village of the occurrence of the activities.
(3) Loitering for the purpose of illegally using, possessing or selling cannabis or controlled substances. Any person found to have violated any provision of § 13.10.090 shall be fined not less than $75 nor more than $750 for each offense.
(Ord. G-139, passed 9-11-1995; Ord. VG00-336, passed 9-25-2000; Ord. VG05-402, passed 12-12-2005)