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It shall be unlawful for mendicants to frequent any depot, store, theater, street, alley, sidewalk, park, or other place publicly frequented in the city; any person found sleeping in any such place and who has not any established domicile or residence shall be considered to be a mendicant.
(1969 Code, § 17-27) Penalty, see § 10.99
(A) Definitions. For purposes of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CANNABIS. The meaning ascribed to it in the Illinois Cannabis Control Act, ILCS Chapter 720, Act 550, § 3(a), as that definition is set forth from time to time and is incorporated herein.
DRUG PARAPHERNALIA. All equipment, products and materials of any kind, other than methamphetamine manufacturing materials as defined in Section 10 of the Methamphetamine Control and Community Protection Act, which are intended to be used unlawfully in planting, propagating, 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 cannabis or a controlled substance in violation of the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act or a synthetic drug product or misbranded drug in violation of the Illinois Food, Drug and Cosmetic Act. It includes, but is not limited to:
(a) Kits intended to be used unlawfully in manufacturing, compounding, converting, producing, processing or preparing cannabis or a controlled substance;
(b) Isomerization devices intended to be used unlawfully in increasing the potency of any species of plant which is cannabis or a controlled substance;
(c) Testing equipment intended to be used unlawfully in a private home for identifying or in analyzing the strength, effectiveness or purity of cannabis or controlled substances;
(d) Diluents and adulterants intended to be used unlawfully for cutting cannabis or a controlled substance by private persons;
(e) Objects intended to be used unlawfully in ingesting, inhaling, or otherwise introducing cannabis, cocaine, hashish, hashish oil, or a synthetic drug product or misbranded drug in violation of the Illinois Food, Drug and Cosmetic Act into the human body including, where applicable, the following items:
1. Water pipes;
2. Carburetion tubes and devices;
3. Smoking and carburetion masks;
4. Miniature cocaine spoons and cocaine vials;
5. Carburetor pipes;
6. Electric pipes;
7. Air-driven pipes;
8. Chillums;
9. Bongs;
10. Ice pipes or chillers;
(f) Any item whose purpose, as announced or described by the seller, is for use in violation of the Act.
(B) Possession of cannabis. It shall be a violation of this section for the following:
(1) Any person to knowingly possess more than 30 grams and up to 100 grams of cannabis.
(2) Any person to use cannabis on school or pre-school property.
(3) Any person under the age of 21 years to possess or use cannabis.
(4) Any person to use cannabis in close physical proximity to a person under the age of 21 years.
(5) Any person to sell cannabis to minors under the age of 21 years.
(6) Any person to use cannabis in a public place.
(7) Any person to possess cannabis in a motor vehicle, unless the cannabis is in a sealed, odor-proof, child resistant, tamper evident cannabis container, and is reasonably inaccessible to the passengers.
(8) Any person to smoke or use cannabis in any location where smoking is banned by the Smoke-Free Illinois Act.
(9) Any person facilitating the use of cannabis by a person who is not allowed to use cannabis under the Cannabis Regulation and Tax Act.
(C) Exception. It shall not be a violation of division (B) of this section for those using or possessing cannabis under the Compassionate Use of Medical Cannabis Act.
(D) Possession of drug paraphernalia.
(1) It shall be a violation of this section for any person to knowingly possess an item of drug paraphernalia with the intent to use it in ingesting, inhaling, or otherwise introducing cannabis or a controlled substance in the human body, or in preparing cannabis or a controlled substance for that use.
(2) This section shall not apply to:
(a) Items marked for use in the preparation, compounding, packaging, labeling, or other use of cannabis as an incident to lawful research, teaching or chemical analysis and not for sale or personal use; or
(b) 1. Items marketed for, or historically and customarily used in connection with, the planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting or inhaling of tobacco or other lawful substance.
2. Items exempt include, but are not limited to, garden hoes, rakes, sickles, baggies, tobacco pipes and cigarette rolling papers.
(c) Items described in division (D)(2)(a) above which are marketed for decorative purposes, where such items have been rendered completely inoperable or incapable of being used as an item of drug paraphernalia.
(E) Seizure and forfeiture. All items of drug paraphernalia shall be seized and forfeited as contraband of the county.
(Ord. 2016-22, passed 10-24-2016; Am. Ord. 2019-23, passed 12-9-2019)
(A) Possession. It shall be a violation of this section for any person under the age of 21 years to have alcoholic liquor as that is defined in the Liquor Control Act of 1934, ILCS Chapter 235, Act 5, § 1-3.05, in his or her possession on any street or public place in the city.
(B) Consumption. It shall be a violation of this section for any person under the age of 21 years to consume any alcoholic liquor as that is defined in the Liquor Control Act of 1934, ILCS Chapter 235, Act 5, § 1-3.05.
(Ord. 2016-23, passed 10-24-2016)
CURFEW
(A) Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CURFEW HOURS.
(a) Between 12:01 a.m. and 6:00 a.m. Saturday;
(b) Between 12:01 a.m. and 6:00 a.m. on Sunday;
(c) Between 11:00 p.m. on Sunday to Thursday, inclusive, and 6:00 a.m. on the following day.
EMERGENCY.
An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
ESTABLISHMENT.
Any privately-owned place of business operated for a profit to which the public is invited including but not limited to any place of amusement or entertainment.
GUARDIAN.
(a) A person who, under court order, is the guardian of the person of a minor; or
(b) A public or private agency with whom a minor has been placed by a court.
MINOR.
Any person under 17 years of age.
PARENT.
A person who is:
(a) A natural parent, adoptive parent, or step-parent of another person; or
(b) At least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.
PUBLIC PLACE.
Any place to which the public or a substantial group of the public has access and includes but is not limited to streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
REMAIN.
To:
(a) Linger or stay; or
(b) Fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.
SERIOUS BODILY INJURY.
Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
(B) Offenses.
(1) A minor commits an offense if he or she remains in any public place or on the premises of any establishment during curfew hours.
(2) A parent or guardian of a minor or other person in custody or control of a minor commits an offense if he or she knowingly permits the minor to remain in any public place or on the premises of any establishment during curfew hours.
(C) Defenses. It is a defense to prosecution under division (B) that the minor was:
(1) Accompanied by the minor's parent or guardian or other person in custody or control of the minor;
(2) On an errand at the direction of the minor's parent or guardian, without any detour or stop;
(3) In a motor vehicle involved in interstate travel;
(4) Engaged in an employment activity or going to or returning home from an employment activity, without any detour or stop;
(5) Involved in an emergency;
(6) On the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor's presence;
(7) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by a government or governmental agency, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by a government or governmental agency, a civic organization, or another similar entity that takes responsibility for the minor;
(8) Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or
(9) Married or had been married or is an emancipated minor under the Emancipation of Minors Act.
(D) Enforcement. Before taking any enforcement action under this section, a law enforcement officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in division (C) is present.
(E) A person convicted of a violation of any provision of this section shall be guilty of a petty offense and shall be fined not less than $10 nor more than $500, except that neither a person who has been made a ward of the court under the Juvenile Court Act of 1987, nor that person's legal guardian, shall be subject to any fine. In addition to or instead of the fine imposed by this section, the court may order a parent, legal guardian, or other person convicted of a violation of division (B) to perform community service as determined by the court, except that the legal guardian of a person who has been made a ward of the court under the Juvenile Court Act of 1987 may not be ordered to perform community service. The dates and times established for the performance of community service by the parent, legal guardian, or other person convicted of a violation of division (B) shall not conflict with the dates and times that the person is employed in his or her regular occupation.
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