Loading...
A. Theft Defined:
1. A person commits theft when he knowingly:
a. Obtains or exerts unauthorized control over property of the owner; or
b. Obtains by deception control over property of the owner; or
c. Obtains by threat control over property of the owner; or
d. Obtains control over stolen property knowing the property to have been stolen or under such circumstances as to reasonably induce him to believe that the property was stolen, and
(1) Intends to deprive the owner permanently of the use or benefit of the property; or
(2) Knowingly uses, conceals or abandons the property in such manner as to deprive the owner permanently of such use or benefit; or
(3) Uses, conceals, or abandons the property knowing such use, concealment or abandonment probably will deprive the owner permanently of such use or benefit; or
(4) 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.
2. Theft of property, under this section, shall be limited to property not exceeding three hundred dollars ($300.00) in value.
B. Theft Of Lost Or Mislaid Property: 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. Theft Of Labor Or Services Or Use Of Property: A person commits theft when he obtains the temporary use of property, labor or services of another which are available only for hire, by means of threat or deception or knowing that such use is without the consent of the person providing the property, labor or services. Theft under this subsection shall be limited to property, labor or services not exceeding five hundred dollars ($500.00) in value.
D. False Report Of Theft And Other Losses: A person who knowingly makes a false report of a theft, destruction, damage or conversion of any property to a law enforcement agency or other governmental agency with the intent to defraud an insurer is guilty under this subsection.
E. Theft From Coin Operated Machines:
1. 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.
2. As used in this section, 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, or money changer.
F. Coin Operated Machines; Possession Of Key Or Device: Whoever possesses a key, tool, instrument, explosive or device or a drawing, print or mold of a key, tool, instrument, explosive or device to open, break into, tamper with or damage a "coin operated machine" as defined in subsection E2 of this section, with intent to commit a theft from such machine, is guilty under this subsection.
G. Retail Theft: 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 value of such merchandise; or
2. Alters, transfers, or removes any label, price tag, marking, indicia of value or any other markings with 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 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; or
6. Represents to a merchant that he or another is the lawful owner of property, knowing that such representation is false, and conveys or attempts to convey that property to a merchant who is the owner of the property in exchange for money, merchandise credit or other property of the merchant; or
7. Uses or possesses any theft detection shielding device or theft detection device remover with the intention of using such device to deprive the merchant permanently of the possession, use or benefit of any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment without paying the full retail value of such merchandise. (Ord. 860, 4-12-1995)
A. Definitions: As used in this section:
ACCOUNT HOLDER: Any person, having a checking account or savings account in a financial institution.
FINANCIAL INSTITUTION: Any bank, savings and loan association, credit union, or other depository of money or medium of savings and collection investments.
INTENT TO DEFRAUD: To act with "intent to defraud" means to act wilfully, and with the specific intent to deceive or cheat, for the purpose of causing financial loss to another, or to bring some financial gain to oneself. It is not necessary to establish that any person was actually defrauded or deceived.
B. General Deception: A person commits a deceptive practice when, with the intent to defraud:
1. He causes another, by deception or threat to execute a document disposing of property or a document by which a pecuniary obligation is incurred; or
2. Being an officer, manager or other person participating in the direction of a financial institution, he knowingly receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent; or
3. He knowingly makes or directs another to make a false or deceptive statement addressed to the public for the purpose of promoting the sale of property or services; or
4. With intent to obtain control over property or to pay for property, labor or services of another, or in satisfaction of an obligation for payment of tax under the Retail Obligation Tax Act or any other tax due to the State of Illinois, he issues or delivers a check or other order upon a real or fictitious depository for the payment of money, knowing that it will not be paid by the depository. Failure to have sufficient funds or credit with the depository when the check or other order is issued or delivered, or when such check or other order is presented for payment and dishonored on each of two (2) occasions at least seven (7) days apart, is prima facie evidence that the offender knows that it will not be paid by the depository, and that he has the intent to defraud.
5. He issues or delivers a check or other order upon a real or fictitious depository in an amount exceeding one hundred fifty dollars ($150.00) in payment of an amount owed on any credit transaction for property, labor or services, or in payment of the entire amount owed on any credit transaction for property, labor or services, knowing that it will not be paid by the depository, and thereafter fails to provide funds or credit with the depository in the face amount of the check or order within seven (7) days of receiving actual notice from the depository or payee of the dishonor of the check or order. (Ord. 860, 4-12-1995)
Any person who shall, with intent to defraud another, disconnect, reset, or alter, or cause to be disconnected, reset or altered, the odometer of any used motor vehicle with the intent to conceal or change the actual miles driven shall be guilty under this section. (Ord. 860, 4-12-1995)
A. Littering Prohibited: No person shall throw, drop, cast or deposit upon any Village street, alley, sidewalk or any yard or premises, public or private, any filth of any kind, or cans, papers, trash, paper containers, rubbish, bottles, wood shavings, brush, tree trimmings, or any other form of litter or waste matter.
Further, no person shall affix any handbill, sign, poster, advertisement or notice of any kind on any curbstone, flagstone or other sidewalk or upon any tree, lamppost, telephone, telegraph pole or hydrant upon the streets or alleys without the written consent of the Village. The placing of any sign, poster, or similar material on private property must comply with the applicable provisions of this Code. (Ord. 1726, 7-22-2015)
B. Injuring Sidewalk Or Bridge: Any person who purposely destroys or injures any sidewalk, public bridge, culvert, or causeway, or removes any of the timbers or planks thereof, or obstructs the same, shall be guilty under this subsection and shall be liable for all damages occasioned thereby and all necessary costs for rebuilding or repairing same. (Ord. 860, 4-12-1995)
C. Deposit Of Snow Or Ice Upon Highway: No person, firm, corporation, or institution, public or private, shall plow or remove or cause to be plowed or removed ice or snow from any shopping center, parking lot, commercial or institutional service area or driveway or any other public or private service area or driveway and deposit such ice or snow on a public highway or dedicated right-of-way, or along the shoulder or edge of a public highway or dedicated right-of-way. This said prohibition shall be applicable to a residential driveway or sidewalk. (Ord. 1160, 11-14-2001)
D. Vandalism:
1. It shall be unlawful for any person to commit any act of vandalism upon public or private property within the Village.
2. It shall be unlawful for any parent or legal guardian of an unemancipated minor who resides with such parent or legal guardian to suffer such minor to commit an act of vandalism upon public or private property within the Village.
3. For purposes of this section, "vandalism" shall mean to maliciously, recklessly or knowingly:
a. Damage, deface or destroy any property of another person without his consent; or
b. Damage, deface or destroy any property of another by means of fire or explosive device; or
c. Start a fire on the land of another without his consent; or
d. Deposit on the land or in a building of another person, without his consent, any stink bomb, or any offensive smelling compound and thereby interfere with the use and occupancy by another of the land or building.
E. Criminal Damage To Property: A person commits an illegal act when he:
1. Knowingly damages any property of another without his consent; or
2. Recklessly by means of fire or explosive damages property of another; or
3. Knowingly starts a fire on the land of another without his consent; or
4. Knowingly injures a domestic animal of another without his consent; or
5. Knowingly deposits on the land or in the building of another, without his consent, any stink bomb or any offensive smelling compound and thereby intends to interfere with the use by another of the land or building; or
6. Knowingly damages the property of another without his consent by defacing, deforming or otherwise damaging such property by the use of paint or any other similar substance.
F. Criminal Damage Of Firefighting Apparatus, Hydrants Or Equipment: Whoever wilfully and maliciously cuts, injures, damages, tampers with or destroys or defaces any fire hydrant or any fire hose or any fire engine, or other public or private firefighting equipment, or any apparatus appertaining to such equipment, or intentionally opens any fire hydrant without proper authorization is guilty under this subsection. (Ord. 860, 4-12-1995)
A. Trespass Prohibited; Defined: It shall be unlawful for any person to commit a trespass within the village on either public or private property. Trespass shall include, but not be limited to, the following:
1. An entry upon the premises, or any part thereof, of another, including any public property in violation of a notice posted or exhibited at the main entrance to the premises or at any point of approach or entry or in violation of any notice, warning or protest given orally or in writing, by any owner or occupant thereof.
2. The pursuit of a course of conduct or action incidental to the making of an entry upon the land of another in violation of a notice posted or exhibited at the main entrance to the premises or at any point or approach or entry, or in violation of any notice, warning or protest given orally or in writing by any owner or occupant thereof.
3. A failure or refusal to depart from the premises of another in case of being requested, either orally or in writing, to leave by any owner or occupant thereof.
4. An entry into or upon any vehicle, aircraft or watercraft made without the consent of the person having the right to the possession thereof, or a failure or a refusal to leave any such vehicle, aircraft or watercraft after being requested to leave by the person having such right.
B. Criminal Trespass To A Residence: A person commits criminal trespass to a residence when, without authority he knowingly enters or remains within any residence, including a house trailer.
C. Criminal Trespass To Vehicles: Whoever knowingly and without authority enters any part of or operates any vehicle, aircraft, watercraft or snowmobile is guilty under this subsection.
D. Criminal Trespass To Real Property:
1. Whoever enters upon the land or a building, other than a residence, or any part thereof of another, after receiving prior to such entry, notice from the owner or occupant that such entry is forbidden, or remains upon the land or in a building, other than a residence, of another after receiving notice from the owner or occupant to depart, is guilty under this subsection D.
2. A person has received notice from the owner or occupant within the meaning of this subsection D if he has been notified personally, either orally or in writing, or if a printed or written notice forbidding such entry has been conspicuously posted or exhibited at the main entrance to such land or the forbidden part thereof.
3. This subsection D does not apply to any person, whether a migrant worker or otherwise, living on the land with the permission of the owner or of his agent having apparent authority to hire workers on such land and assigns them living quarters or a place of accommodation for living thereon, nor to anyone living on such land at the request of, or by occupancy, leasing or other agreement or arrangement with the owner or his agent, nor to anyone invited by such migrant worker or other person so living on such land to visit him at the place he is so living upon the land.
4. A person shall be exempt from prosecution under this subsection D if he beautifies unoccupied and abandoned residential and industrial properties located within the village. For the purpose of this subsection D, "unoccupied and abandoned residential and industrial properties" means any real estate: a) in which the taxes have not been paid for a period of at least two (2) years; and b) which has been left unoccupied and abandoned for a period of at least one year; and "beautifies" means to landscape, clean up litter, or to repair dilapidated conditions on or to board up windows and doors.
E. Tampering With Public Notice: A person who knowingly and without lawful authority alters, destroys, defaces, removes or conceals any public notice, posted according to law, during the time for which the notice was to remain posted, commits a violation under this subsection. (Ord. 860, 4-12-1995)
Mob action consists of any of the following:
A. The use of force or violence disturbing the public peace by two (2) or more persons acting together and without authority of law; or
B. The assembly of two (2) or more persons to do an unlawful act; or
C. The assembly of two (2) or more persons without authority of law, for the purpose of doing violence to the person or property of anyone supposed to have been guilty of a violation of the law, or for the purpose of exercising correctional powers or regulative powers over any person by violence. (Ord. 860, 4-12-1995)
A. Resisting Or Obstructing A Peace Officer: A person who knowingly resists or obstructs the performance by one known to the person to be a peace officer of any authorized act within his official capacity is guilty under this subsection.
B. Obstructing Service Of Process: Whoever knowingly resists or obstructs the authorized service or execution of any civil or criminal process or order of any court is guilty under this subsection.
C. Refusing To Aid An Officer: Whoever upon command refuses or knowingly fails reasonably to aid a person known by him to be a peace officer in:
1. Apprehending a person whom the officer is authorized to apprehend; or
2. Preventing the commission by another of any offense, is guilty under this subsection C. (Ord. 860, 4-12-1995)
A. Purchase Or Acceptance Of Gift Of Liquor By Underage Persons:
1. Purchase Or Acceptance Of Gift: Any person to whom the sale, gift or delivery of any alcoholic liquor is prohibited because of age shall not purchase, accept a gift of such alcoholic liquor or possess alcoholic liquor as set forth in 235 Illinois Compiled Statutes 5/6-16. (Ord. 1215, 12-11-2002)
2. Positive Identification: If a licensee or his agents or employees believes or has reason to believe that a sale or delivery of any alcoholic liquor is prohibited because of the nonage of the prospective recipient, he shall, before making such sale or delivery demand presentation of some form of positive identification, containing proof of age, issued by a public officer in the performance of his official duties. (Ord. 860, 4-12-1995)
3. False Identification Cards: No person shall transfer, alter or deface such an identification card; use the identification card of another; carry or use a false or forged identification card; or obtain an identification card by means of false information. No person shall purchase, accept delivery or have possession of alcoholic liquor, in violation of this subsection A. (Ord. 860, 4-12-1995; amd. Ord. 1222, 3-26-2003)
B. Misrepresentation Of Age By Minor: Any person, under the age of twenty one (21) years who, for the purpose of buying, accepting or receiving alcoholic liquor from a licensee, represents that he is twenty one (21) years of age or older shall be guilty under this subsection. (Ord. 860, 4-12-1995)
C. Consumption Of Alcohol By A Minor:
1. Prohibited: Consumption of an alcoholic liquor by a minor is hereby prohibited. (Ord. 1222, 3-26-2003)
2. Exceptions; Religious Ceremony, Privacy Of Home: The possession and dispensing, or consumption of alcoholic liquor by a person under twenty one (21) years of age in the performance of a religious service or ceremony, or the consumption by a person under twenty one (21) years of age under the direct supervision and approval of the parents or parent or those persons standing in loco parentis of such person under twenty one (21) years of age in the privacy of a home, is not prohibited under subsection C1 of this section. (Ord. 860, 4-12-1995; amd. Ord. 1222, 3-26-2003)
Notes
| 1 | 1. See title 3, chapter 3 of this code for liquor control regulations. |
A. Possession Of Cannabis: It is unlawful for any person to knowingly possess not more than two and five-tenths gram (2.5 g) of any substance containing cannabis. Any person who has not been previously convicted of, or placed on probation or court supervision for any offense under the Illinois cannabis control act 1 , is eligible for a sentence for probation, at the discretion of the court, without entering a judgment and with the consent of such offender. Such a probation shall be consistent with the terms, limitations and restrictions as set forth under 720 Illinois Compiled Statutes 550/10 and any amendments thereto.
B. Prohibiting Sale And Possession Of Drug Paraphernalia:
1. Definition Of Drug Paraphernalia: The term "drug paraphernalia" means all equipment, products and materials of any kind which are used, intended for use, or designed for use, in planting, propagation, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the cannabis control act. It includes but is not limited to:
a. Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived.
b. Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances.
c. Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance.
d. Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness, or purity of controlled substances.
e. Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances.
f. Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose, used, intended for use, or designed for use in cutting controlled substances.
g. Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from or in otherwise cleaning or refining marijuana.
h. Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding controlled substances.
i. Capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances.
j. Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances.
k. Hypodermic syringes, needles, and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body.
l. Objects used, intended for use, or designed for use in ingesting, inhaling, otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:
(1) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls.
(2) Water pipes.
(3) Carburetion tubes and devices.
(4) Smoking and carburetion masks.
(5) Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand.
(6) Miniature cocaine spoons and cocaine vials.
(7) Chamber pipes.
(8) Carburetor pipes.
(9) Electric pipes.
(10) Air driven pipes.
(11) Chillums.
(12) Bongs.
(13) Ice pipes or chillers.
m. In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following:
(1) Statements made by an owner or by anyone in control of the object concerning its use.
(2) Prior convictions, if any, of an owner, or of anyone in control of the object, under any states or federal law relating to any controlled substance.
(3) The proximity of the object, in time and space, to a direct violation of this chapter.
(4) The proximity of the object to controlled substances.
(5) The existence of any residue of controlled substances on the object.
(6) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of this chapter. The innocence of an owner, or of anyone in control of the object, as to a direct violation of this chapter shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia.
(7) Instructions, oral or written, provided with the object concerning its use.
(8) Descriptive materials accompanying the object which explain or depict its use.
(9) National and local advertising concerning its use.
(10) The manner in which the object is displayed for sale.
(11) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products.
(12) Direct or circumstantial evidence of the ratio of the sales of the object(s) to the total sales of the business enterprises.
(13) The existence and scope of legitimate uses for the object in the community.
(14) Expert testimony concerning its use.
2. Possession Of Drug Paraphernalia: It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of this chapter. Any person who violates this section may be fined up to five hundred dollars ($500.00).
3. Manufacture Or Delivery Of Drug Paraphernalia: It is unlawful for any person to deliver, possess with intent to deliver or manufacture, with intent to deliver, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter. Any person who violates this subsection B, upon conviction, may be imprisoned for not more than three (3) months or fined five hundred dollars ($500.00), or both.
4. Delivery Of Drug Paraphernalia To A Minor: Any person eighteen (18) years of age or over who delivers drug paraphernalia to a person under eighteen (18) years of age who is at least three (3) years his junior, upon conviction, may be imprisoned for not more than six (6) months or fined five hundred dollars ($500.00) or both.
5. Advertisement Of Drug Paraphernalia: It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. Any person who violates this subsection B, upon conviction, may be imprisoned for not more than thirty (30) days or fined five hundred dollars ($500.00), or both.
6. Civil Forfeiture: All drug paraphernalia manufactured, delivered, possessed, intended for use, or designed for use defined in subsections B1a through B1l of this section shall be seized without a warrant by a peace officer and the paraphernalia shall be subject to forfeiture.
7. Severability: If any provision of this subsection B or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or other applications of this subsection B which can be given effect without the invalid provision or application, and to this end the provisions of this subsection B are severable. (Ord. 860, 4-12-1995)
Notes
| 1 | 1. 720 ILCS 550/1 et seq. |
A. Definition: An "eavesdropping device" is any device capable of being used to hear or record oral conversation whether such conversation is conducted in person, by telephone, by any other means; provided, however, that this definition shall not include devices used for the restoration of the deaf or hard of hearing.
B. Act Of Eavesdropping: A person commits eavesdropping when he:
1. Uses an eavesdropping device to hear or record all or any part of any conversation unless he does so: a) with the consent of all the parties to such a conversation; or b) in accordance with article 108A or 108B of the code of criminal procedure of 1963, approved August 14, 1963, as amended; or
2. Uses or divulges, except as authorized by this section or by article 108A or 108B of the code of criminal procedure of 1963, approved August 14, 1963, as amended, any information which he knows or reasonably should know was obtained through the use of an eavesdropping device. (Ord. 860, 4-12-1995)
Harassment by telephone is use of telephone communication for any of the following purposes:
A. Making any comment, requests, suggestion or proposal which is obscene, lewd, lascivious, filthy or indecent with an intent to offend; or
B. Making a telephone call, whether or not conversation ensues with intent to abuse, threaten or harass any person at the called number; or
C. Making or causing the telephone of another repeatedly to ring, with the intent to harass any person at the called number; or
D. Making repeated telephone calls, during which conversation ensues, solely to harass any person at the called number; or
E. Knowingly permitting any telephone under one's control to be used for any of the purposes mentioned herein. (Ord. 860, 4-12-1995)
Loading...