A. Definitions:
GANG ACTIVITY:
1. The commission, attempted commission, conspiracy to commit, or solicitation with the intent to commit or have committed, any misdemeanor or criminal act by any member of a gang; or
2. Wearing, possessing, using, distributing, displaying or selling any clothing, jewelry, emblem, badge, symbol, sign or other item which evidences membership or affiliation in any gang; or
3. Committing any act or using any communication, either verbal or nonverbal, such as gestures or handshakes, showing membership or affiliation in a gang; or
4. Drawing of gang related graffiti or distributing gang related literature; or
5. Conduct in furtherance of the gang which violates State, local and/or school laws, ordinances, rules or policies; or
6. Soliciting others for membership in a gang; or
7. Requesting any person to pay protection or otherwise intimidating or threatening any person in furtherance of the gang; or
8. Inciting another to act with physical violence upon any other person in furtherance of the gang.
GANG OR STREET GANG: Any ongoing organization, association or group of three or more persons, whether formal or informal, which engages in gang activity, and at least two of these members individually or collectively engage in or have engaged in a pattern of criminal activity.
GANG SIGN: A signal with the hands or other parts of the body, the purpose of which is to indicate gang affiliation or gang messages to other persons, and/or the wearing, possessing, using, distributing, or displaying any clothing, jewelry, emblem, badge, symbol, sign or other item which evidence membership or affiliation in any gang.
B. Unlawful To Disturb Peace And Quiet: It shall be unlawful for any person to disturb the peace and quiet of the Village, or any portion thereof by disorderly conduct.
C. Disorderly Conduct Committed When: Disorderly conduct shall be committed by any person when he either:
1. Knowingly does any act in such an unreasonable manner as to provoke, make or aid in the making of a breach of the peace; or
2. Resists or obstructs the performance by one, who may reasonably be believed to be a police officer, of any authorized act within such officer's capacity; or
3. Assembles with three or more persons for the purpose of using force or firearms to disturb the public peace; or
4. Fails to observe a lawful order of dispersal by any person who may reasonably be believed to be a police officer where three 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; or
5. Knowingly enters upon any school property, public or private within the Village at any time when other persons are present on such school property, for the purpose or with the intention of making or doing any unreasonable or offensive act, utterance, gesture or display; or
6. Knowingly enters upon any school property, public or private within the Village at any time when others are present on such school property, and while thereon makes or does any unreasonable or offensive act, utterance, gesture or display, which disrupts or interferes with or tends to disrupt or interfere with administrative functions, educational classes or social and athletic activities then and there in progress; or
7. Resists any officer of the Police Department in the discharge of his duties or in any way interferes with or hinders or prevents such officer from discharging his duty as such officer or offers or endeavors to do so, or assists any person in the custody of any member of the police forces to escape or attempt to escape from such custody, or attempts to rescue any person in such custody; or
8. Creates a disturbance of public order by an act of violence or by an act likely to produce violence; or
9. Engages in fighting, threatening or tumultuous behavior; or
10. Hinders, annoys or molests persons passing along any street, sidewalk, crosswalk or other public way; or
11. Loiters, sits or stands around the entrance of a church, theater, public building or other place of public assemblage, in any manner so as to unreasonably obstruct such entrance; or
12. Places or erects upon any public way an obstruction of any type except a temporary barrier or warning signs placed thereon for the purpose of safeguarding the public against any hazard; or
13. Disturbs threatens or intentionally damages any occupied house or vehicle; or
14. Intentionally inhales vapors or fumes or any substance which induces euphoria, hallucinations or intoxication, except as otherwise provide by law; or
Visits or resorts to any place wherein the inhaling of vapors or fumes or any substance which induces euphoria, hallucinations or intoxication, is being conducted practiced or carried on illegally therein; or
15. Makes continuous or causes to be made by use of any shouting or any outcry, or by use of any horn, bell, radio, loudspeaker, amplifying systems or by operation of any other instrument or device, any unreasonably loud, disturbing or unnecessary noise or noises as prohibited by Section 6-14-1 of this Code, upon any of the streets, alleys, parks or other public places of this Village, or upon private premises in said Village which noise or noises are of such character, volume intensity and duration, as to plainly be heard upon the street, alleys, parks or other public places so as to disturb the peace and quite of the Village or any portion thereof; or
16. Is in possession of an alcoholic beverage in a public street or other public place unless the alcoholic beverage is in its original container with the seal unbroken or unless the possession is on the premises of an establishment holding a valid Village liquor license. For the purpose of this subsection, a public place shall include, but not be limited to all Village streets, Village parks, Cummings Square (the Forest Preserve property at Harlem and Lake Street), all Village of River Forest Park District property, Village-owned parking facilities, all parking lots and common areas serving multi-family residential structures containing four or more dwelling units, provided that this prohibition shall apply to such multi-family common areas only if the owner, manager, or owner association has stated in writing that it is the intention of such owner of the common area that the prohibition be applied. The written statement may reserve the right of management to give one day permits for residents or tenants to hold social gatherings in a common area; or
17. Is involved in any gang activity, or makes a gang sign; or
18. Transmits in any manner to the fire department of any city, town, village or fire protection district a false alarm of fire, knowing at the time of such transmission that there is no reasonable ground for believing that such fire exist; or
19. Transmits in any manner to another a false alarm to the effect that a bomb or other explosive of any nature is concealed in such place that its explosion would endanger human life, knowing at the time of such transmission there is no reasonable ground for believing that such bomb or explosive is concealed in such place; or
20. Transmits is any manner to any peace officer, public officer or public employee a report to the effect that no offense had been committed, knowing at the time of such transmission that there is no reasonable ground believing that such an offense has been committed; or
21. Enters upon the property of another and for a lewd or unlawful purpose deliberately looks into a dwelling on the property through any windows or other opening in it; or
22. While acting as a collection agency as defined in the Illinois "Collection Agency Act" or as an employee or such collection agency, and while attempting to collect an alleged debt, makes a telephone call to the alleged debtor which is designed to harass, annoy or intimidate the alleged debtor; or
23. Transmits a false report to the Department of Children and Family Services under section 4 of the Illinois "Abused and Neglected Child Reporting Act"; or
24. Transmits a false report to the Department of Public Health under the Illinois "Nursing Home Care Act"; or
25. Transmits in any manner to the police department or fire department of any municipality or fire protection district, or any privately owned and operated ambulance service, a false request for an ambulance, emergency medical technician-ambulance or emergency medical technician-paramedic knowing at the time there is no reasonable ground in believing that such assistance is required; or
26. Transmits a false report under Article II of "Elder Abuse Demonstration Project Act", approved September 16, 1984, as amended 1 .
27. Violates any provision of subsections D and E below.
D. Gangs Signs Prohibited: It shall be a violation of this Section for any person to display, make, demonstrate or "throw" a gang sign that may be seen or received by another person who is in or on any public place within the Village.
E. Loitering For The Purpose Of Causing Street Gang Activity Or Recruitment Is Prohibited: It shall be unlawful for any person to loiter, loaf, wander, stand or to remain idle, whether alone or in consort with others, in a public place for the purpose of recruiting others for membership in a street gang or for participation in a gang activity or any criminal activities.
F. Temporary Questioning Prior To Arrest:
1. A peace officer, after having identified himself or herself as a peace officer, may stop any person in a public place for a reasonable period of time, when the person is wearing known gang colors, emblems or other gang insignia, and the officer reasonably suspects from the circumstances that the person is committing, is about to commit or has committed an offense, including those set forth in this section. Once stopped, the officer may demand the name and address of the person and an explanation of the person's action. Such detention and temporary questioning will be conducted in the vicinity of where the person is stopped.
2. When a peace officer has stopped a person for temporary questioning pursuant to subsection F1 of this section and the officer reasonably suspects that the officer or another person is in danger of attack, the officer may search the person for weapons. If an officer discovers a weapon, the officer may take it until the questioning is completed, at which time the officer shall return any lawfully possessed weapon. (Ord. 2659, 11-13-1995)
Notes
| 1 | 1. S.H.A. 320 ILCS 15/0.01 et seq. |