For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CRIMINAL PUBLIC NUISANCE PROPERTY. Any property at, in, or upon which one or more of the offenses set forth below, have occurred or have been alleged to have occurred, on three or more occasions within any one year period, as determined by authorized sworn personnel of the village police department or by any authorized members of a law enforcement agency lawfully exercising jurisdiction within the village. The criminal offenses which may be considered in determining whether or not a property is a CRIMINAL PUBLIC NUISANCE PROPERTY shall be as follows:
(1) Any offense defined and prohibited by Art. 9 (Homicide) of the Criminal Code of 2012, 720 ILCS 5/9-1 et seq., as now in effect or hereafter amended or codified, the same being a public record of the state;
(2) Any offense defined and prohibited by Art. 10 (Kidnaping and Related Offenses) of the Criminal Code of 2012, 720 ILCS 5/10-1 et seq., as now in effect or hereafter amended or codified, the same being a public record of the state;
(3) Any offense defined and prohibited by the following provisions of the Criminal Code of 2012: Art. 11, Subdivision 15 (Prostitution Offenses), 720 ILCS 5/11-14 et seq., Art. 11, Subdivision 20 (Pornography Offenses), 720 ILCS 5/11-20 et seq., or § 11-21 (Harmful Material) 720 ILCS 5/11-21 et seq., as any of the statutes referenced in this division (3) are now in effect or hereafter amended or codified, the same being public records of the state;
(4) Any offense defined and prohibited by Art. 12 (Bodily Harm) of the Criminal Code of 2012, 720 ILCS 5/12-1 et seq., as now in effect or hereafter amended or codified, the same being a public record of the state;
(5) Any offense defined and prohibited by Art. 16 (Theft and Related Offenses) of the Criminal Code of 2012, 720 ILCS 5/16-1 et seq., as now in effect or hereafter amended or codified, the same being a public record of the state;
(6) Any offense defined and prohibited by § 20-2 (Possession of Explosives or Explosive or Incendiary Devices) of the Criminal Code of 2012, 720 ILCS 5/20-2 et seq., as now in effect or hereafter amended or codified, the same being a public record of the state;
(7) Any offense defined and prohibited by Art. 24 (Deadly Weapons) of the Criminal Code of 2012, 720 ILCS 5/24-1 et seq., as any of the statutes and ordinances referenced in this division (7) are now in effect or hereafter amended or codified, the same being public records of the state;
(8) Any offense defined and prohibited by Art. 25 (Mob Action) of the Criminal Code of 2012, 720 ILCS 5/25-1 et seq., as now in effect or hereafter amended or codified, the same being a public record of the state;
(9) Any offense defined and prohibited by Art. 26-1 (Disorderly Conduct) of the Criminal Code of 2012, 720 ILCS 5/26-1 et seq., as now in effect or hereafter amended or codified, the same being a public record of the state;
(10) Any offense defined and prohibited by Art. 28 (Gambling and Related Offenses) of the Criminal Code of 2012, 720 ILCS 5/28-1 et seq., as now in effect or hereafter amended or codified, the same being a public record of the state;
(11) Any offense defined and prohibited by Art. 31 (Interference with Public Officers) of the Criminal Code of 2012, 720 ILCS 5/31-1 et seq., as now in effect or hereafter amended or codified, the same being a public record of the state;
(12) Any offense defined and prohibited by § 8-6 (Prohibited Sales and Possession) or § 6-20 (Purchase or Acceptance of Gift of Liquor by Persons Under Age 21) of the Liquor Control Act of 1934, 235 ILCS 5/8-6 and 5/6-20, as any of the statutes referenced in this division (12) are now in effect or hereafter amended or codified, the same being public records of the state;
(13) Any offense defined and prohibited by the Illinois Controlled Substances Act, 720 ILCS 570/100 et seq., as now in effect or hereafter amended or codified, the same being a public record of the state;
(14) Any offense defined and prohibited by the Cannabis Control Act, 720 ILCS 550/1 et seq., as now in effect or hereafter amended or codified, the same being a public record of the state; or
(15) Any inchoate offense defined and prohibited by Art. 8 (Inchoate Offenses) of the Criminal Code of 2012, 720 ILCS 5/8-1 et seq., as now in effect or hereafter amended or codified, the same being a public record of the state, which is relative to the commission of any of the aforesaid principal offenses.
(16) This chapter shall not be enforced in such a manner that penalizes tenants or landlords based on:
(a) Contact made to police or other emergency services, if:
1. The contact was made with the intent to prevent or respond to domestic violence or sexual violence;
2. The intervention or emergency assistance was needed to respond to or prevent domestic violence or sexual violence; or
3. The contact was made by, on behalf of, or otherwise concerns an individual with a disability as defined in § 1-2-1.5(a) of the state’s Municipal Code, 65 ILCS 5/1-2-1.5 (as now in effect or hereafter amended or codified, the same being a public record of the state) and the purpose of the contact was related to that individual’s disability.
(b) An incident or incidents of actual or threatened domestic violence or sexual violence against a tenant, household member, or guest occurring in the dwelling unit or on the premises; or
(c) Criminal activity or a local ordinance violation occurring in the dwelling unit or on the premises that is directly relating to domestic violence or sexual violence, engaged in by a tenant, member of a tenant’s household, guest, or other party, and against a tenant, household member, guest, or other party.
OCCUPANT. Any person in actual or constructive possession of any real property within the corporate limits of the village, or any of the buildings, structures, fixtures, or improvements located thereon.
OWNER. Any person having a legal or equitable interest in a criminal public nuisance property or any person who has the ability, authority, or right to regulate, restrain, control, direct, or affect the conduct of persons present upon a criminal public nuisance property.
PERMIT. To allow, approve, consent to, acquiesce in, agree to, suffer, or fail to prevent.
PERSON. Any natural individual, corporation, firm, partnership, limited liability company, unincorporated association, land trust, or any other group, enterprise, or entity.
PROPERTY. Any real property, together with any buildings, structures, improvements, or fixtures located thereon or affixed thereto, located within the village.
(Ord. 2020-07, passed 9-15-2020)