Loading...
(A) Established: It shall be unlawful for any person less than eighteen (18) years old who is enrolled in any public, private or parochial school to be present at, in or upon, within the corporate limits of the village, any public assembly, building, place, street or highway, other than school, during any time when school is in session during the regular school term, unless that person is:
1. Traveling to or from school by the most direct available route; or
2. Engaged in school related activities with prior approval of school authorities or as otherwise authorized by written school policy; or
3. Engaged in personal business, including, but not limited to, employment, medical care or religious activities, with prior written notice thereof from a parent or legal guardian addressed to school authorities.
4. Accompanied and supervised by a parent, legal guardian, or other adult having lawful custody or supervision of such person.
5. Involved in an emergency involving the protection of a person or property from an imminent threat of serious bodily injury or substantial damage.
(B) Investigatory Detention: Any police officer may stop and detain a person whom the police officer reasonably suspects to be violating this section for the purposes of verifying the detained person's identity, age, school enrollment and authority to be absent from school. The police officer shall immediately inform the detained person of the reason for the detention and that the detained person will be released on verification of authorization to be absent from school. If the detained person refuses to provide the police officer with the necessary information, or if authorization to be absent from school cannot be verified within fifteen (15) minutes after the detention, then the detained person shall be taken to school authorities, if practicable, or to a parent, legal guardian or other responsible person having lawful custody or supervision of such person.
(C) First And Subsequent Violations: The first incident of violation of school curfew shall be handled by the school authorities according to the policy and procedure of the school in which the minor is enrolled. The incident shall be documented and retained by the school district and the village. Any subsequent violations of this section will result in the minor and/or parent or legal guardian receiving a citation for the offense.
(D) Parental Responsibility: It shall be unlawful for any parent, legal guardian or other responsible companion to knowingly permit a person in his or her custody or control to violate subsection (A) of this section. (Ord. 2007-4090, 2-5-2007)
(A) Definitions: The following words shall have the meanings respectively ascribed to them when used in this section:
PERSON: Any individual, firm, partnership, association, corporation, company or organization of any kind.
PROPERTY: Any real or tangible personal property.
(B) Prohibited Acts: It shall be unlawful for any person to:
1. Knowingly damage any property of another without his consent; or
2. Recklessly, by means of fire or explosive damage property of another; or
3. Knowingly start a fire on the land of another without his consent; or
4. Knowingly injure a domestic animal of another without his consent; or
5. Knowingly deposit on the land or in the building of another, without his consent, any stink bomb or any offensive smelling compound and thereby intend to interfere with the use by another of the land or the building; or
6. Damage any property with intent to defraud an insurer; or
7. Knowingly shoot a firearm at any portion of a train; or
8. Knowingly damage the property of another without his consent by defacing, deforming or otherwise damaging such property by the use of paint or other similar substance; or
9. Wilfully and maliciously cut, injure, damage, tamper with or destroy or deface any fire hydrant or any fire hose or any fire engine, or other public or private firefighting equipment, or any apparatus pertaining to such equipment, or intentionally open any fire hydrant without proper authorization. (Ord. 2001-3321, 7-2-2001)
(A) Retail Theft Defined: A person commits the offense of retail theft 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 with the intention of retaining such merchandise or with the intention of depriving the merchant permanently of the possession, use or benefit of such merchandise without paying the full retail price of such merchandise; or
2. Alters, transfers or removes any label, price tag or marking indicative 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 with the intention of depriving the merchant of the full retail value of such merchandise; or
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 with the intention of depriving the merchant of the full retail value of such merchandise; or
4. Under rings with the intention of depriving the merchant of the full retail value of the merchandise; or
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 with the intention of depriving the merchant permanently of the possession, use or benefit of such cart.
(B) Presumptions: If any person:
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, such person shall be presumed to have possessed, carried away or transferred such 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 price of such merchandise.
(C) Detention: Any merchant who has reasonable grounds to believe that a person has committed retail theft may detain such person on or off the premises of a retail mercantile establishment in a reasonable manner and for a reasonable length of time for all or any of the following purposes:
1. To request identification;
2. To verify such identification;
3. To make reasonable inquiry as to whether such person has in his possession unpurchased merchandise, and to make reasonable investigation of the ownership of such merchandise;
4. To inform a peace officer of the detention of that person and surrender that person to the custody of a peace officer;
5. In the case of a minor, to inform a peace officer, the parents, guardian or other private person interested in the welfare of that minor of this detention and to surrender custody of such minor to such person.
A merchant may make a detention as permitted herein off the premises of a retail mercantile establishment only if such detention is pursuant to an immediate pursuit of such person.
(D) Affirmative Defense: A detention as permitted in this section does not constitute an arrest or an unlawful restraint, nor shall it render the merchant liable to the person so detained. (Ord. 2001-3321, 7-2-2001)
It shall be unlawful for any person to commit theft.
(A) A person commits theft when he knowingly:
1. Obtains or exerts unauthorized control over property of the owner; or
2. Obtains by deception control over property of the owner; or
3. Obtains by threat control over the property of the owner; or
4. Obtains control over stolen property knowing the property to have been stolen or under such circumstances as would reasonably induce him to believe that the property was stolen, and
(a) Intends to deprive the owner permanently of the use or benefit of the property; or
(b) Knowingly uses, conceals or abandons the property in such manner as to deprive the owner permanently of such use or benefit; or
(c) Uses, conceals, or abandons the property knowing such use, concealment or abandonment probably will deprive the owner permanently of such use or benefit; or
5. Obtains or exerts control over property in the custody of any law enforcement agency which is explicitly represented to him by any law enforcement officer or any individual acting in behalf of a law enforcement agency as being stolen.
(B) A person who obtains control over lost or mislaid property commits theft when he:
1. Knows or learns the identity of the owner or knows or is aware of, or learns of a reasonable method of identifying the owner, and
2. Fails to take reasonable measures to restore the property to the owner, and
3. Intends to deprive the owner permanently of the use or benefit of the property.
(C) A person commits theft from a coin operated machine when he knowingly and without authority and with intent to commit a theft from such machine, opens, breaks into, tampers with, or damages a coin operated machine.
As used hereinabove, the term "coin operated machine" shall include any automatic vending machine or any part thereof, parking meter, coin telephone, coin laundry machine, coin dry cleaning machine, amusement machine, music machine, vending machine dispensing goods or services, money changer.
(D) It shall be prima facie evidence that a person "knowingly obtains or exerts unauthorized control over property of the owner" when a lessee of the personal property of another fails to return it to the owner within thirty (30) days after written demand from the owner for its return. A notice in writing, given after the expiration of the leasing agreement, addressed and mailed, by registered mail, to the lessee at the address given by him and shown on the leasing agreement shall constitute proper demand.
(E) It is no defense to a charge of theft of property that the offender has an interest therein, when the owner also has an interest to which the offender is not entitled. (Ord. 2001-3321, 7-2-2001)
(A) Definitions: When used in this section, the following words and terms shall have the meanings ascribed herein:
LASER POINTER: Any device that emits light amplified by the stimulated emission of radiation or other energy that is visible to the human eye.
PERSON: Any natural person, corporation, partnership, firm, organization or other legal entity.
PUBLIC PLACE: Any place to which the public or a substantial group of persons has access, including, but not limited to, any street, highway, sidewalk, right of way, parking lot, plaza, place of amusement, park, playground, restaurant and any hallway, lobby and other portion of an apartment, condominium, townhouse, or hotel building or complex not constituting a room or dwelling designated for actual residence.
SCHOOL PREMISES: Any building, grounds, or facilities, or any portion thereof, owned, occupied by, or under the custody or control of public or private institutions for the primary purpose of providing educational or recreational instruction to students, and any vehicles owned, operated or leased by or on behalf of such institutions that are used to transport such students or the personnel of such institutions.
(B) Prohibited Acts:
1. It shall be unlawful for any person to give, sell or offer to give or sell a laser pointer to any person under the age of eighteen (18) years.
2. It shall be unlawful for any person under the age of eighteen (18) years to purchase a laser pointer.
3. It shall be unlawful for any person under the age of eighteen (18) years to possess a laser pointer while upon school premises; provided, however, that nothing in this section shall preclude the temporary transfer on school premises of a laser pointer to, or possession of a laser pointer on school premises by, a person under the age of eighteen (18) years for a valid instructional, school related or employment purpose, where such laser pointer is provided by the school and used under the supervision of a school staff person, other authorized instructor, employee or employer's agent.
4. It shall be unlawful for any person under the age of eighteen (18) years to possess a laser pointer in any public place; provided, however, that nothing in this section shall preclude the temporary transfer in a public place of a laser pointer from an employer to, or possession in a public place of an employer's laser pointer by, a person under the age of eighteen (18) years, during such person's hours of employment, for a valid employment purpose, where such employer's laser pointer is used under the supervision of the employer or employer's agent.
5. It shall be unlawful for any person to direct light from a laser pointer so as to cause a laser beam, sight or "dot" to be placed upon any person, building, vehicle, or other object.
(C) Parental Responsibility: It shall be unlawful for any parent or legal guardian to knowingly suffer or permit any child, of which he or she may be the parent or legal guardian, to violate any provision of this section.
(D) Exemptions: The following persons are exempt from the provisions of this section:
1. Persons eighteen (18) years of age and older who use such laser pointers to conduct educational or instructional presentations.
2. Survey, construction, and medical workers eighteen (18) years of age and older who require such laser pointers to perform their job tasks.
3. Law enforcement officers who may use laser sighting devices and laser equipped firearms in the performance of their duties.
(E) Penalty: Any person who violates any provision of this section shall, upon conviction, be fined as established by Title 1, Chapter 20, “Fees, Fines, Insurance, Guarantees, and Regulatory Measures”.
(Ord. 2001-3321, 7-2-2001; amd. Ord. 2021-4921, 9-20-2021)