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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. |
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