(A) Disorderly conduct.
(1) No person shall engage in disorderly conduct. Any person who shall do any of the following shall be guilty of disorderly conduct:
(a) Any person who shall act in a violent or tumultuous manner toward another, where any person is placed in fear of safety of his or her life, limb or health;
(b) Any person who shall act in a violent or tumultuous manner toward another, where property of any person is placed in danger of being destroyed or damaged;
(c) Any person who shall endanger lawful pursuits of another by acts of violence, angry threats and abusive conduct;
(d) Any person who shall cause, provoke or engage in any fight, brawl or riotous conduct so as to endanger the life, limb, health or property of another;
(e) Any person who shall assemble or congregate with another or others for the purpose of causing, provoking or engaging in any fight or brawl;
(f) Any person who shall be found jostling or roughly crowding or pushing any person in any public place;
(g) Any person who, for purposes of disturbing the peace, shall join others assembled or congregating for peaceful purposes;
(h) Any person who shall assemble or congregate with another or others, for the purpose of or with the intent to engage in gaming;
(i) Any person who shall frequent any public place with intent to obtain money from another by an illegal and fraudulent scheme, trick, artifice or device;
(j) Any person who assembles with another or others for the purpose of engaging in any fraudulent scheme, device or trick to obtain any valuable thing in any place or from any person in the village, or who shall aid or abet such person;
(k) Any person who utters, while in a state of anger, in the presence of a minor, any lewd or obscene words or epithets;
(l) Any person who, with actual or constructive notice of knowledge, frequents any place where gaming or the illegal sale or possession of alcoholic beverages or narcotics or dangerous drugs is allowed or tolerated;
(m) Any person who shall act in a dangerous manner toward others;
(n) Any person who in the presence or hearing of another, curses or abuses such other person, or uses any violent or abusive language to such person concerning such other person, any of such person’s relations, ethnic group, race or otherwise uses such language under circumstances reasonably calculated to provoke a breach of the peace (“fighting words”);
(o) Any person who shall assemble or congregate with another or other persons for the purpose of doing bodily harm to another;
(p) Any person who shall, by acts of violence, interfere with another’s pursuit of a lawful occupation;
(q) Any person who shall congregate with another or others in or on any public ways so as to halt the flow of vehicular or pedestrian traffic and refuses to clear any public way when ordered to do so;
(r) Any person who knowingly interferes with any public gathering or religious worship within the village;
(s) Any person who enters upon the property of another, and for a lewd or unlawful purpose, deliberately looks into a dwelling on the property through any window or other opening;
(t) While acting as a collection agency as defined in the “Collection Agency Act,” or as an employee of 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;
(u) Transmits or causes to be transmitted a false report to the Department of Children and Family Services under the Abused and Neglected Child Reporting Act;
(v) Transmits or causes to be transmitted a false report to the Department of Public Health under the Nursing Home Care Act;
(w) Transmits or causes to be transmitted a false report to any public safety agency without the reasonable grounds necessary to believe that transmitting such a report is necessary for the safety and welfare of the public; or
(x) Calls the number “911" for the purpose of making or transmitting a false alarm or complaint and reporting information when, at the time the call or transmission is made, the person knows there is no reasonable ground for making the call or transmission and further knows that the call or transmission could result in the emergency response of any public safety agency.
(2) Nothing herein contained shall be construed as prohibiting picketing, demonstrations or other forms of speech, unless said speech amounts to “fighting words” which by its very utterance tends to incite a breach of the peace.
(B) Fighting. It shall be unlawful for any person to commit an assault or battery in any place in the village. A person commits an assault when without lawful authority, he or she engages in conduct which places another in reasonable apprehension of receiving a battery. A person commits a battery if he or she intentionally or knowingly, without legal justification and by any means: 1) causes bodily harm to an individual; or 2) makes physical contact in an insulting or provoking nature with an individual.
(C) Loitering on public property or in public places. Any person or persons who at any time stands, strolls or walks on any public street, sidewalk or in and at any public place in such a manner to impede, hinder or interfere with the normal flow of pedestrian or vehicular traffic on such public sidewalk street or property, and who refuses to disburse and move from the area from which such person or persons is impeding or interfering with pedestrian or vehicular traffic when directed to do so by any member of the Police Department, shall be guilty of the misdemeanor of loitering.
(D) Loitering on business property.
(1) Definitions. For the purpose of this division, the following definition shall apply unless the context clearly indicates or requires a different meaning:
LOITERING. Remaining idle in one location, including walking around aimlessly, and sitting or standing in or out of a motor vehicle.
(2) Loitering prohibited. No person shall loiter on private property that is customarily used by the public as an integral part of a commercial venture in such a manner as to:
(a) “Disturb the peace” as defined by state law, to wit: to do any act in such an unreasonable manner as to alarm or disturb another and to provoke a breach of the peace;
(b) Obstruct the free passage of pedestrians or vehicles; or
(c) Obstruct or interfere with any person lawfully seeking access or the use of the commercial enterprise conducted on the property or adjacent or continuous to said private property.
(3) Nothing herein contained shall be construed as prohibiting picketing, demonstrating or other forms of speech unless such speech amounts to “fighting words” as defined in division (A)(1)(o) which by its very utterance tends to incite an immediate breach of the peace.
(4) Notice. No person shall be guilty of a violation of this section unless:
(a) The property owner or tenant shall post the property with “No Loitering” signs or other notices of like meaning at the entrance or entrances to the property and at intervals of not less than 75 feet on such property. Property of 75 feet or less many contain only one sign; and
(b) The person to be charged with loitering has been asked by the owner or tenant of the property, by an employee of the owner or tenant, by a security officer or by a law enforcement officer to leave the property and has failed to leave.
(E) Loitering for the purpose of engaging in drug-related activity unlawful.
(1) It is unlawful for any person to loiter in or near any thoroughfare, or place open to the public, for the purpose of engaging in activity contrary to any of the provisions of the Illinois Controlled Substances Act (ILCS Ch. 720, Act 570, §§ 100 et seq.), as amended, the Illinois Cannabis Control Act (ILCS Ch. 720, Act 550, §§ 1 et seq.), as amended, or any other local, state or federal law prohibiting the manufacture, distribution, delivery, use or possession of a controlled substance (hereinafter “drug laws”).
(2) Among the circumstances which may be considered in determining whether such purpose is manifested are the following:
(a) Such person is a known unlawful drug user, possessor, or seller. For purposes of this section, 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 substances referred to in the drug laws within the previous year, or such person has been convicted of any of the provisions of said drug laws or substantially similar laws of any political subdivision of this state or of any other state or jurisdiction within the previous year, or a person who displays physical characteristics of drug intoxication or usage, such as “needle tracks”, or a person who possesses “drug paraphernalia” as defined in the Illinois Drug Paraphernalia Control Act (ILCS Ch. 720, Act 600 §§ 1 et seq.), as amended;
(b) Such person is currently subject to an order of court prohibiting his or her presence in a high drug activity geographic area and such person is located in such an area;
(c) Such person behaves in such a manner as to raise a reasonable suspicion that he or she is about to engage in or is then engaged in an unlawful drug-related activity, including, but not limited to, such person acting as a “lookout”;
(d) Such person is a known member of a “gang” or association which has as its purpose illegal drug activity, for purposes of this section, a “known member of a gang” is a person who has, within the knowledge of the arresting officer, been convicted in any court within the United States, within the previous year, of any violation involving illegal gang activity;
(e) Such person transfers small objects or packages for currency in a furtive fashion;
(f) Such person takes flight upon the appearance of a police officer;
(g) Such person manifestly endeavors to conceal himself or herself or any object which reasonably could be involved in an unlawful drug-related activity;
(h) The area involved is known to be an area of unlawful drug use and trafficking. For purposes of this section, an area “known to be an area of unlawful drug use” is a specifically defined geographic area, designated by the Chief of Police to be a known area of unlawful drug use; said designation being based on empirical data.
(3) No determination of intent shall be made absent an affirmative act by the person to be charged, which act or acts, when taken in context of the totality of the surrounding circumstances, shall constitute a substantial step towards the violation of the aforementioned drug laws.
(F) Penalty. Any person violating any provision of this chapter shall be severally fined not less than $30 nor more than $500 for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
(Ord. 94-35, passed 4-1994; Am. Ord. 2006-09, passed 3-6-06; Am. Ord. 2008-54, passed 11-3-08)