(A) The village hereby incorporates by reference and makes a part hereof the following provisions of the Illinois Compiled Statutes and as they may be amended from time to time by the Illinois General Assembly. Violation of these provisions may, at the discretion of the village, be enforced as an ordinance violation:
(1) ILCS Ch. 625, Act 5, § 11-204 Fleeing or Attempting to Elude a Police Officer;
(2) ILCS Ch. 625, Act 5, § 11-204.1 Aggravated Fleeing or Attempting to Elude a Police Officer;
(3) ILCS Ch. 625, Act 5, § 11-427 Illegal Operation of an All-Terrain Vehicle or Off-Highway Motorcycle;
(4) ILCS Ch. 625, Act 5, § 11-1427.4 Disobeying a Signal from Officer to Stop;
(5) ILCS Ch. 720, Act 5, § 12-4 Aggravated Battery;
(6) ILCS Ch. 720, Act 5, § 21-3 Criminal Trespass to Real Property; and
(7) ILCS Ch. 720, Act 5, § 36-1 Seizure and Forfeiture of Vessels, Vehicles and Aircraft.
(B) In addition to all other applicable laws, rules and regulations, the following divisions (C) through (P) shall govern the conduct of persons on or about any property owned by the village, the Madison County Mass Transit District (district) or any other transportation entity whether publicly or privately owned, including but not limited to all real property owned and operated by such entities including all vehicles, bike, walking or other recreational trails, including all railroad right-of-ways owned by the district. In addition and where applicable, the following divisions shall govern such conduct on private property.
(C) Definitions.
(1) ALCOHOLIC LIQUOR.
Includes alcohol, spirits, wine, beer and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed as a beverage by a human being, except for any such liquid or solid containing one-half of one percent or less of alcohol by volume.
(2) LASER POINTER.
A hand-held device that emits light amplified by the stimulated emission of radiation visible to the human eye.
(3) LASER SIGHT.
A laser pointer that can be attached to a firearm and can be used to improve the accuracy of the firearm.
(4) MOTOR VEHICLE.
Every vehicle propelled by power other than human power designed to travel on the ground or upon roads by use of wheels, treads, runners or slides, to transport persons or property or pull machinery and includes but is not limited to all automobiles, vans, buses, trucks, trailers, motorcycles, off-highway motorcycles, all-terrain vehicles, go-carts and tractors. This section does not apply to any motorized wheelchair.
(5) PUBLIC PROPERTY.
Any real property, which the village, district, or a public transportation entity owns, leases or possesses, including all bike, walking and recreational trails, and all railroad right-of-ways or easements owned or possessed by the district. Where applicable this also includes all district buses and motor vehicles.
(D) Motor vehicles.
(1) No person shall park a motor vehicle at any time on public property except with the prior consent of the owner, except in designated public parking areas.
(2) No person shall drive, operate or otherwise bring a motor vehicle onto any district property without the prior consent of the district.
(E) Alcohol. No person shall drink, consume or transport alcoholic liquor in or on any district property or motor vehicle.
(F) Trespass and encroachment.
(1) No person shall encroach upon or commit a trespass in or on any public property.
(2) For the purposes of this section and in addition to statutory and common law, acts constituting trespass include but are not limited to the following:
(a) An entry upon any property, whether publicly or privately owned or any part thereof, in violation of a notice posted or exhibited at the main entrance to such premises; any point of approach or entry; in violation of any notice, warning or protest, given orally or in writing by the owner.
(b) The failure or refusal to depart from any property or public property or any part thereof when requested, either orally or in writing, to leave such property by the owner or the owners' agents or employees.
(c) No person shall, without prior consent of the owner, post up, stick or place any handbill, showbill, placard or notice in or on any public property or motor vehicle, building, wall or fence.
(d) No person shall operate an all-terrain vehicle, go-cart or off-highway motorcycle on private or public property without the prior consent of the owner.
(e) No person shall build, construct or place any building or create an access, structure or landscaping upon any public property.
(f) Posting or prior notice is not required by the land owner for the enforcement of this section.
(G) Defacing or damaging public property.
(1) No person shall, without the consent of the owner, deface, damage, paint, draw, etch or carve by any means including the use of paint, spray paint, ink, knife or any similar method on any public property or motor vehicle, building wall, fence, door, floor, sidewalk, trail surface, pedestrian tunnel, bridge, pavement, stairway or furniture.
(2) No person shall cut, remove, or otherwise harm or damage any buildings, trees, shrubbery, property line markers or other personal property of the village or district.
(H) Littering. No person shall dump, deposit, throw or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, yard waste, garbage, refuse or other trash or garbage of any kind in, on or about any public property or district motor vehicle except in receptacles provided for that purpose.
(I) Disorderly conduct. No person shall commit one or more of the following acts toward district employees, passengers or other lawful property or motor vehicle users:
(1) Engaging in fighting or otherwise threatening harm to persons or property or in violent or turbulent behavior;
(2) Making unreasonable noise or offensively coarse utterance, gesture or display, or communicating unwarranted and grossly abusive language to any person;
(3) Insulting, taunting or challenging another under circumstances in which such conduct is likely to provoke a violent response;
(4) Hindering or preventing the movement of persons so as to interfere with the rights of others and by any act which serves no lawful and reasonable purpose of the offender;
(5) Creating a condition which is physically offensive to persons or which presents a risk of physical harm to person or property by any act, which serves no lawful and reasonable purpose of the offender; or
(6) Committing an act, including the use of a weapon, with the intent to cause harm to a district employee while the employee is performing district duties.
(J) Unlawful weapons. No person shall possess or carry any dangerous weapon, including any bludgeon, blackjack, sling shot, club, sandbag, metal knuckles or any knife, commonly referred to as switchblade knife, which has a blade that open automatically by hand pressure applied to a button, spring or other device in the handle of the knife, or possess or carry with the intent to use the same unlawfully against another, a dagger, dirk, billy, dangerous knife, razor, stiletto, broken bottle or other piece of glass, cutting edge or any other dangerous instrument of like character, or carry concealed upon his or her person any pistol, revolver, rifle or other firearm, into or upon public property, buses or motor vehicles.
(K) Assault and battery.
(1) No person shall, without lawful authority, engage in conduct that places an employee of the village, the district, or any other transportation entity passenger or employee in reasonable apprehension of receiving a battery. The prohibited conduct in this division includes but is not limited to directing a laser pointer or laser sight at or near a village, district or any other transportation entity passenger or employee.
(2) No person shall, without legal justification, intentionally or knowingly cause bodily harm or make physical contact of an insulting or provoking nature to a village, district or any other transportation entity passenger or employee. The prohibited conduct in this division includes but is not limited to directing a laser pointer or laser sight on the person of a village, district, or any other transportation entity passenger or employee.
(L) Spitting. No person shall expectorate in or on any public property.
(M) Animals. No person shall ride, lead, walk or otherwise bring, allow to run at large, intentionally or unintentionally have any animal on district property, including but not limited to any district bike, walking or other recreational trail including all district railroad right-of-ways.
ANIMAL
includes but is not limited to a horse, mule, donkey, farm animal, dog, wild animal, cat or other animal. Dogs and cats are permitted when such animals are on a leash not longer than six feet and are under the direct control of such person; however the owner is responsible for removal of pet waste and any damage or harm to any person or property. Animals are permitted for the limited purpose of assisting disabled persons and must be in the direct control and supervision of such disabled person at all times.
(N) Hunting. No person shall take, hunt, shoot, pursue, lure, kill, destroy, capture, gig or spear, trap or ensnare, harass, or attempt to do so, any wild birds or wild animals along, upon, across or from any district property including all bike, walking or other recreational trails and right of ways.
(O) Vehicle impoundment. In addition to any and all remedies provided in this section and the general provisions of the village ordinances, the Chief of Police is hereby authorized to impound any motor vehicle which is used in violation of this section or the statutes incorporated by reference in this section. It shall be the sole responsibility of the owner to pay any and all transportation and storage fees of the motor vehicle.
(P) Penalty. Any person who violates any of the provisions of this section shall be subject to a fine of not more than $500. Each and every act in violation constitutes a separate offense and each and every day that a violation continues shall constitute a separate offense. The village shall have the primary responsibility for the investigation and enforcement of all violations under this section. In addition, as to violations affecting the district, its property and employees, after good faith effort by the village the Board hereby authorizes the district attorney to file ordinance violation charges for injunctive relief or otherwise take any action necessary to enforce the provisions of this section.
(Ord. 2006-51, passed 12-20-06)