(A) No person shall engage in disorderly conduct in the Village. Any of the following acts constitute disorderly conduct:
(1) Making, aiding or assisting in making any improper noise, riot, disturbance, breach of the peace or diversion tending to a breach of the peace;
(2) Assaulting, striking or deliberately injuring another person;
(3) Engaging in or aiding or abetting any fight, quarrel or other disturbance;
(4) Intentionally disturbing any religious service, funeral, public or private meeting, place of amusement, or assembly of persons;
(5) Resisting or obstructing the performance of one known to be a police officer or any authorized act within the police officer's official capacity, or impersonating a police officer;
(6) Assisting any person in custody of police to escape or furnishing any weapon, drugs or liquor to any such person;
(7) Assembling with 2 or more other persons for the purpose of using force or violence to disturb the public peace;
(8) Failing to obey a lawful order of dispersal by a person known to be a peace officer, where 3 or more persons are committing acts of disorderly conduct in the immediate vicinity, which acts are likely to cause substantial harm or serious inconvenience, annoyance or alarm;
(9) Engaging in any fraudulent scheme, device or trick to obtain money or other valuable thing, or other scheme to obtain money or other value;
(10) Giving any false alarm of fire, danger or disturbance to any person, or false information to any peace officer or fireman or any Village officer;
(11) Engaging in obscene or indecent activities or entertainment, or any lewd or lascivious behavior, or appearing in public in a state of nudity;
(12) Prostitution and gaming houses.
(a) Maintaining a house of ill fame or gaming house;
(b) Being in a house of ill fame or gaming house;
(c) Engaging in or soliciting unlawful sexual actions;
(d) Knowingly taking, directing or transporting, or offering to take, direct or transport, any person for immoral purposes to any other person;
(e) Knowingly assisting any person by any means to seek or to find any prostitute or other person engaged in immoral practices, or any brothel, bawdy house or any other place of ill fame; or
(f) Responding to beckoning of a prostitute in a public place by inquiring about, negotiating for, accepting an offer of or engaging in an act of prostitution, or by allowing another into his or her motor vehicle for purposes of inquiring about, negotiating for, accepting an offer of or engaging in an act of prostitution;
(13) Using any obscene, profane, threatening or inciting language in any public place;
(14) Throwing stones or missiles in public places or at any person or property, or using, brandishing or threatening to use any missile, or dangerous weapon or object;
(15) Damaging or defacing trees, bushes, gardens, fences, windows, signs, buildings, monuments or vehicles or engaging in any acts of vandalism;
(16) Abusing, beating or cruelly injuring any animal, or attempting to kill or wound any bird other than a sparrow, crow or blackbird.
(17) Appearing on any public property (including streets, sidewalks or busses) in the Village of Maywood, in a state that exposes any portion of a person’s buttocks, pubic area, genitals and/or undergarments. Pants and shorts worn by any person, regardless of age, shall be secured at the waist to prevent the pants or shorts from being worn in a manner that exposes the person’s buttocks, pubic area, genitals and/or the person’s undergarments.
(a) If a violation of this subsection occurs, a citation shall be issued to the person and the person shall be subject to a civil penalty of not less than $25 on the first offense, not less than $100 for a second offense and not less than $250 for each subsequent offense. In addition to the civil penalty, the court may order such person to participate in up to 40 hours of court approved community service activities. A violation of this section shall not be deemed a criminal offense; and thus, violators shall not be subject to arrest, imprisonment or other criminal penalty for violation of this section.
(b) If the person violating this subsection is under the age of 18 (“minor”), the parents or legal guardians of that minor will be sent notice of the violation, which shall include notice that any subsequent violations by the minor will subject the parents or legal guardians to fines. If the minor commits a subsequent offense, the parent or legal guardian shall be subject to a civil penalty of $100 for the second offense and $250 for each subsequent offense.
(B) Disorderly street gang conduct.
(1) For the purpose of this subsection,
STREET GANG or GANG is defined as any ongoing organization, association in fact or group of 3 or more persons, whether formally or informally organized, or any sub-group or affiliated group thereof, having as one of its activities the commission of criminal or illegal acts, including by way of example only and not in anyway limiting or specifying illegal drug distribution, and whose members individually or collectively engage in or have engaged in a pattern of criminal or illegal acts, and which group frequently, though not necessarily, claim 1 or more particular geographic territory or "turf' exclusively as its realm of influence and operations.
(2) It shall be unlawful for any person within the Village to knowingly use, display or wear colors, emblems or insignia on or about their person in public for the purpose of promoting any street gang activity.
(3) It shall be unlawful for any person within the Village to knowingly do or make any act, utterance, gesture or display for the purpose of communicating membership of, affiliation with, association with, support of, identification with, sympathy toward or affront or insult toward any street gang, or with actual knowledge that the subject act, utterance, gesture or display is used and recognized as communicative of street gang membership, affiliation, association, support, identification, sympathy or affront.
(4) Any person violating this division (B) shall be fined not less than $400 for each offense and be responsible for the Village’s cost of prosecution, including attorney fees incurred by the Village. Each day that a violation continues shall be considered a separate offense.
(C) Intoxicating liquor.
(1) Any police officer having personal knowledge or reasonable information that intoxicating liquors are being kept in violation of law in any place shall search such suspected place, and if such police officer finds upon the premises intoxicating liquors he shall seize the same, together with the vessels in which they are contained and all implements and furniture used in connection with such liquors in the illegal keeping, bargaining, selling, exchanging, giving away or carrying the same, and any wagon, automobile, vehicle, contrivance, thing or device used in conveying the liquors or kept for the purpose of violating this division (C), and shall arrest any person or persons in charge of such place, or aiding in any manner in carrying on the business conducted in such place.
(2) Consumption or possession of any alcoholic liquors, including beer and wine, at any time in any public park, street, alley or public place owned, controlled or operated by the Village is prohibited.
(3) Any person violating this section shall be fined not less than $400 for each offense and be responsible for the Village’s costs of prosecution, including attorney fees incurred by the Village. Each day that a violation continues shall be considered a separate offense.
(D) Loitering.
(1) It shall be unlawful for any person to loiter in or near any thoroughfare, place open to the public or private place in a manner under circumstances manifesting the purpose to engage in drug related activity contrary to any of the provisions of this Code or the State of Illinois Criminal Code of 1961, as amended.
(2) Among the circumstances which may be considered in determining whether such purpose is "manifested" shall include but not be limited to:
(a) Such person is a known unlawful drug user, possessor or seller. For purposes of this provision, a
KNOWN UNLAWFUL DRUG USER, POSSESSOR OR SELLER is a person who has, within the knowledge of the arresting officer, been convicted in any court within this state of any violation involving the use, possession or sale of any of the controlled substances referred to in the Illinois Criminal Code of 1961, as amended, or such person who has been convicted of any violation of the provisions of the Illinois Criminal Code of 1961, as amended, or substantially similar laws of any political subdivision of this state or of any other state; or a person who displays the physical characteristics of drug intoxication or usage, such as "needle tracks" or a person who possesses drug paraphernalia as defined in the Illinois Municipal Code of 1961, as amended; or
(b) Such person is currently subject to an order prohibiting his presence in a high drug activity geographic area; or
(c) Such person behaves in a manner as to raise reasonable suspicion that he is about to engage in or is then engaged in any unlawful drug related activity, including, by way of example only, such person acting as a "lookout"; or
(d) Such person is physically identified by the officer as a member of a "gang" or association which has as one of its purposes illegal drug activity; or
(e) Such person transfers small objects or packages for currency in a furtive fashion; or
(f) Such person takes flight upon the appearance of a police officer; or
(g) Such person manifestly endeavors to conceal upon himself or herself any object which reasonably could be involved in an unlawful drug related activity; or
(h) The area involved is by public repute known to be an area of unlawful drug use and trafficking; or
(i) The premises involved have been reported to law enforcement as a place of suspected gang activity; or
(j) Such person possesses any instrument, article or thing whose customary or primary purpose is for the sale, administration or use of controlled substances such as, but not limited to, crack pipes, push wires, chore boys, hand scales, hypodermic needles, razor blades or other cutting tools;
(k) Any vehicle involved is registered to a known unlawful drug user, possessor or seller, or a person for whom there is an outstanding warrant for a crime involving drug-related activity.
(1997 Code, § 42.01) (Am. Ord. CO-96-06, passed 6-13-1996; Am. Ord. C0-09-07, passed 3-3-2009; Am. Ord. CO-2012-37, passed 10-2-2012)
Cross-reference:
Graffiti, see § 130.02