TITLE 6
POLICE REGULATIONS
CHAPTER 1
OFFENSES AGAINST PUBLIC PEACE, SAFETY AND MORALS
SECTION:
6-1-1: Short Title
6-1-2: General Purposes
6-1-3: Applicability Of Common Law
6-1-4: Civil Remedies Preserved
6-1-5: Village Criminal Jurisdiction
6-1-6: Illinois Compiled Statutes Adopted
6-1-7: General Definitions
6-1-8: Bodily Harm
6-1-8-1: Assault
6-1-8-2: Battery
6-1-8-3: Reckless Conduct
6-1-8-4: Criminal Housing Management
6-1-8-5: Tattooing Body Of Minor
6-1-9: Criminal Damage To Property
6-1-10: Criminal Trespass
6-1-11: Disorderly Conduct/Loitering
6-1-12: Resisting Or Obstructing A Peace Officer
6-1-13: Retail Theft
6-1-13-1: Legislative Declaration
6-1-13-2: Definitions
6-1-13-3: Offense Of Retail Theft
6-1-13-4: Presumptions
6-1-13-5: Detention
6-1-13-6: Violations; Penalty
6-1-14: Sex Offenses
6-1-14-1: Public Indecency
6-1-14-2: Prostitution
6-1-14-3: Obscenity
6-1-14-4: Harmful Material
6-1-15: Theft And Related Offenses
6-1-16: Weapons
6-1-17: Public Nudity
6-1-18: Video Gaming
6-1-19: Open Container Law
6-1-20: Truancy
6-1-1: SHORT TITLE:
This chapter shall be known and may be cited as OFFENSES AGAINST PUBLIC PEACE, SAFETY AND MORALS. (2004 Code)
6-1-2: GENERAL PURPOSES:
The provisions of this chapter shall be construed in accordance with the general purposes hereof to:
   A.   Forbid and prevent the commission of offenses;
   B.   Define adequately the act which constitutes each offense;
   C.   Prescribe penalties which are proportionate to the seriousness of offenses and which permit recognition of differences in rehabilitation possibilities among individual offenders. (2004 Code)
6-1-3: APPLICABILITY OF COMMON LAW:
No conduct constitutes an offense unless it is described as an offense in this chapter or in another ordinance of this village. However, this provision does not affect the power of a court to punish for contempt or to employ any sanction authorized by law for the enforcement of an order of civil judgment. (2004 Code)
6-1-4: CIVIL REMEDIES PRESERVED:
This chapter does not bar, suspend, or otherwise affect any right or liability to damages, penalty, forfeiture, or other remedy authorized by law to be recovered or enforced in a civil action for any conduct which this chapter makes punishable; and the civil injury is not merged in the offense. (2004 Code)
6-1-5: VILLAGE CRIMINAL JURISDICTION:
   A.   A person is subject to prosecution in this village for an offense which he commits, while either within or outside the village, by his own conduct or that of another for which he is legally accountable, if:
      1.   The offense is committed either wholly or partly within the village; or
      2.   The conduct outside the village constitutes an attempt to commit an offense within the village.
   B.   An offense is committed partly within this village, if either the conduct which is an element of the offense, or the result which is such an element, occurs within the village.
   C.   An offense that is based on an omission to perform a duty imposed by the law of this village is committed within the village, regardless of the location of the offender at the time of the omission. (2004 Code)
6-1-6: ILLINOIS COMPILED STATUTES ADOPTED:
Pursuant to 65 Illinois Compiled Statutes 5/1-3-2, the village hereby adopts by reference the following Illinois Compiled Statutes:
   A.   Act 5, criminal code of 1961, 720 Illinois Compiled Statutes 5/1-1 et seq.
   B.   Act 405, juvenile court act of 1987, 705 Illinois Compiled Statutes 405/1-1 et seq.
   C.   Act 550, cannabis control act, 720 Illinois Compiled Statutes 550/1 et seq.
   D.   Act 570, Illinois controlled substances act, 720 Illinois Compiled Statutes 570/100 et seq. (2004 Code)
   E.   Act 5, liquor control act of 1934, 235 Illinois Compiled Statutes 5-10-1 et seq.
   F.   Act 5, liquor control act of 1934, 235 Illinois Compiled Statutes 6-16 et seq. (Ord. 07-16, 5-21-2007)
6-1-7: GENERAL DEFINITIONS:
For the purposes of this chapter, the words and phrases described in this chapter have the meanings designated in this chapter, except when a particular context clearly requires a different meaning. If a word or phrase is not otherwise defined in the village ordinance, the word or phrase shall be defined by the definition contained in the Illinois Compiled Statutes.
   ACQUITTAL: A verdict or finding of not guilty of an offense, rendered by a legally constituted jury or by a court of competent jurisdiction authorized to try the case without a jury.
   ACT: Includes a failure or omission to take action.
   ANOTHER: A "person" or persons as defined in this chapter other than the offender.
   CONDUCT: An act or a series of acts, and the accompanying mental state.
   CONVICTION: A judgment of conviction or sentence entered upon a plea of guilty or upon a verdict of finding of guilty of an offense, rendered by a legally constituted jury or by a court of competent jurisdiction authorized to try the case without a jury.
   DWELLING: A building or portion thereof, a tent, a vehicle, or other enclosed space, which is used or intended for use as a human habitation, home, or residence.
   INCLUDED OFFENSE: An offense which:
   A.   Is established by proof of the same or less than all of the facts or a less culpable mental state (or both), than that which is required to establish the commission of the offense charged, or
   B.   Consists of an attempt to commit the offense charged or an offense included therein.
   INCLUDES OR INCLUDING: Comprehending among other particulars, without limiting the generality of the foregoing word or phrase.
   MISDEMEANOR: Any offense for which a sentence to a term of imprisonment in other than a penitentiary for less than one year may be imposed.
   OFFENSE: A violation of any statute or ordinance of this village.
   PEACE OFFICER: Any person who by virtue of his office or public employment is vested by law with a duty to maintain public order or to make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses.
   PERSON: An individual, public or private corporation, government, partnership, or unincorporated association.
   PROSECUTION: All legal proceedings by which a person's liability for an offense is determined, commencing with the return of the indictment or the issuance of the information, and including the final disposition of the case upon appeal.
   PUBLIC EMPLOYEE: A person, other than a public officer, who is authorized to perform any official function on behalf of, and is paid by, the state or any of its political subdivisions.
   PUBLIC OFFICER: A person who is elected to office pursuant to statute, or ordinance, or who is, appointed to an office, which is established, and the qualifications and duties of which are prescribed, by statute, or ordinance, to discharge a public duty for the village.
   PUBLIC OR COMMUNITY SERVICE: Uncompensated labor for a nonprofit organization or public body whose purpose is to enhance physical or mental stability, environmental quality or the social welfare and which agrees to accept public or community service from offenders and to report on the progress of the public or community service to the court.
   REASONABLE BELIEF OR REASONABLY BELIEVES: The person concerned, acting as a reasonable man, believes that the described facts exist.
   SOLICIT OR SOLICITATION: To command, authorize, urge, incite, request, or advises another to commit an offense.
   STATUTE OR ORDINANCE: The constitution or an act of the board of trustees of the village of West Dundee.
   VILLAGE OR THIS VILLAGE: The village of West Dundee, and all land and water in respect to which the village of West Dundee has either exclusive or concurrent jurisdiction, and the air space above such land and water. "Other village" or "other municipality" means any other village or other municipality in the state of Illinois. (2004 Code)
6-1-8: BODILY HARM:
6-1-8-1: ASSAULT:
   A.   Commits An Assault: A person commits an assault when, without lawful authority, he engages in conduct which places another in reasonable apprehension of receiving a battery. Assault is punishable by fine of fifty dollars ($50.00) to five hundred dollars ($500.00) and/or public or community service, not to exceed sixty (60) hours.
   B.   Aggravated Assault: A person commits an aggravated assault, when, in committing an assault, he:
      1.   Uses a dangerous weapon, as defined in 720 Illinois Compiled Statutes 5/33A-1, or any device manufactured and designed to be substantially similar in appearance to a firearm other than by discharging a firearm in the direction of another person;
      2.   Is hooded, robed or masked in such manner as to conceal his identity;
      3.   Knows the individual assaulted to be a teacher or other person employed in any school and such teacher or other employee is upon the grounds of a school or grounds adjacent thereto, or is in any part of a building used for school purposes;
      4.   Knows the individual assaulted to be a supervisor, director, instructor or other person employed in any park district and such supervisor, director, instructor or other employee is upon the grounds of the park or grounds adjacent thereto, or is in any part of a building used for park purposes;
      5.   Knows the individual assaulted to be a caseworker, investigator, or other person employed by the state department of public aid or a county department of public aid and such caseworker, investigator, or other person is upon the grounds of a public aid office or grounds adjacent thereto, or is in any part of a building used for public aid purposes, or upon the grounds of a home of a public aid applicant, recipient or any other person being interviewed or investigated in the employee's discharge of his duties, or on the grounds adjacent thereto, or is in any part or a building in which the applicant, recipient, or other such person resides or is located;
      6.   Knows the individual assaulted to be a peace officer, or a person summoned and directed by him or a correctional officer, while such officer is engaged in the execution of any of his official duties;
      7.   Knows the individual assaulted to be a fireman engaged in the execution of his official duties;
      8.   Knows the individual assaulted to be a driver, operator, employee or passenger of any transportation facility or system engaged in the business of transportation of the public for hire and the individual assaulted is then performing in such capacity or then using such public transportation as a passenger or using any area of any description designated by the transportation facility or system as a vehicle boarding, departure, or transfer location;
      9.   Or the individual assaulted is on or about a public way, public property, or public place of accommodation or amusement; or
      10.   Knows the individual assaulted to be an employee of the state of Illinois, a municipal corporation therein or a political subdivision thereof, engaged in the performance of his authorized duties as such employee.
   B.   Penalty: Aggravated assault is punishable by fine of one hundred dollars ($100.00) to one thousand dollars ($1,000.00) and/or public or community service, not exceeding one hundred twenty (120) hours. (2004 Code)
6-1-8-2: BATTERY:
   A.   Commits Battery: A person commits battery if he intentionally or knowingly without legal justification and by any means:
      1.   Causes bodily harm to an individual, or
      2.   Makes physical contact of an insulting or provoking nature with an individual.
   B.   Penalty: Battery is punishable by fine of one hundred dollars ($100.00) to one thousand dollars ($1,000.00) and/or public or community service, not exceeding one hundred twenty (120) hours. (2004 Code)
6-1-8-3: RECKLESS CONDUCT:
   A.   Commits Reckless Conduct: A person who causes bodily harm to or endangers the bodily safety of an individual by any means, commits reckless conduct if he performs recklessly the acts, which cause the harm or endanger safety, whether they otherwise are lawful or unlawful.
   B.   Penalty: Reckless conduct is punishable by fine of one hundred dollars ($100.00) to one thousand dollars ($1,000.00) and/or public or community service, not exceeding one hundred twenty (120) hours. (2004 Code)
6-1-8-4: CRIMINAL HOUSING MANAGEMENT:
   A.   Commits Criminal Housing Management: A person commits the offense of criminal housing management when, having personal management or control of residential real estate, whether as a legal or equitable owner of residential real estate or as a managing agent or otherwise, he knowingly permits by his gross carelessness or neglect the physical condition or facilities of the residential real estate to become or remain so deteriorated that the health or safety of an inhabitant is endangered.
   B.   Sentence: Criminal housing management is punishable by fine of one hundred dollars ($100.00) to one thousand dollars ($1,000.00) and/or public or community service, not exceeding one hundred twenty (120) hours plus restoration of the real estate to suitable requirements of the village. (2004 Code)
6-1-8-5: TATTOOING BODY OF MINOR 1 :
Any person, other than a person licensed to practice medicine in all its branches, who tattoos or offers to tattoo a person under the age of twenty one (21) is guilty of a class A misdemeanor. As used in this section, to "tattoo" means to insert pigment under the surface of the skin of a human being, by pricking with a needle or otherwise, so as to produce an indelible mark or figure visible through the skin. (2004 Code)
6-1-9: CRIMINAL DAMAGE TO PROPERTY:
   A.   General Prohibition: No person shall damage, befoul, disturb, destroy or deface any village property or any public or private property without permission of the owner.
   B.   Graffiti:
      1.   Nuisance: It shall be unlawful, and is hereby declared a nuisance to place graffiti, or permit graffiti to remain upon any public or private curbstone, flagstone, brick, sidewalk or any portion of any part of any sidewalk or street, or upon any tree, lamppost, telephone pole, utility box, utility pole stanchion, postal mail receptacle, sign, hydrant, fence, door, wall, window, garage or enclosure, vehicle, bridge, pier or upon any other public or private structure or building.
      2.   Defined: "Graffiti" is any permanent display of any name, identification, letter, numeral, figure, emblem, insignia, a picture, outline, character, spectacle, delineation, illustration, symbol or any combination thereof, which without authorization is marked, written, drawn, painted, scratched, inscribed or affixed, and which is a different color from the color of the exterior of those objects or structures described above and to which it is affixed.
      3.   Removal: It shall be the duty of the chief of police to serve or cause to be served, a notice upon the owner or party in possession of any such object or structure upon which graffiti is present and to demand the abatement of the nuisance within five (5) days. All exterior surfaces shall be kept clean and free of graffiti. Surfaces which have been exposed to graffiti shall be cleaned, painted or in some manner covered, so as to effect the complete removal or the graffiti from that surface and return the surface to its prior condition within five (5) days of receipt of the violation notice to the owner unless extenuating circumstances prevent work from being done, in which case the chief of police may give an extension for the removal of graffiti.
      4.   Penalty: Whoever violates any provision of this subsection B shall be fined one hundred dollars ($100.00) to one thousand dollars ($1,000.00) and/or public or community service, not to exceed one hundred twenty (120) hours for each offense and be responsible for the village's cost of prosecution. Each day that a violation continues shall be considered a separate offense. Restitution by the violator shall also be made to the owner of any property damaged or destroyed.
   C.   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 of this offense, punishable by fine of one hundred dollars ($100.00) to one thousand dollars ($1,000.00) and/or community service and/or restitution to the victim for cost of replacement of damaged equipment.
   D.   Village Supported Property: Any of the following acts is punishable by fine of one hundred dollars ($100.00) to one thousand dollars ($1,000.00) and/or public or community service not to exceed one hundred twenty (120) hours:
      1.   Knowingly damages any property supported in whole or in part with village funds; or
      2.   Knowingly, by means of fire or explosives damages property supported in whole or part with village funds; or
      3.   Knowingly starts a fire on property supported in whole or in part with village funds; or
      4.   Knowingly, deposits on land or in a building supported in whole or in part with village funds, any stink bomb or any offensive smelling compound and thereby intends to interfere with the use by another of the land or building. (2004 Code)
6-1-10: CRIMINAL TRESPASS:
   A.   Vehicles: Whoever knowingly and without authority enters any vehicle, aircraft or watercraft or any part thereof of another without his consent commits this offense, punishable by fine of fifty dollars ($50.00) to one thousand dollars ($1,000.00) and/or public or community service, not to exceed one hundred twenty (120) hours.
   B.   Land:
      1.   Whoever enters upon the land of another, after receiving, immediately prior to such entry, notice from the owner or occupant that such entry is forbidden, or remains upon the land of another after receiving notice from the owner or occupant to depart, commits this offense.
      2.   A person has received notice from the owner or occupant within the meaning of subsection B1 of this section 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.
   C.   Village Supported Property:
      1.   Whoever enters upon land supported in whole or in part with village funds, or any building on such land, after receiving, immediately prior to such entry, notice from the village or its representatives that such entry is forbidden, or remains upon such land or in such building after receiving notice from the village or its representative to depart, and who thereby interferes with another person's lawful use or enjoyment of such building or land, commits this offense. Violation of this offense shall be punishable by fine of fifty dollars ($50.00) to one thousand dollars ($1,000.00) and/or public or community service not to exceed one hundred twenty (120) hours.
      2.   A person has received notice from the village within the meaning of subsection C1 of this section if he has been notified personally, either orally or in writing, or if a printed or written notice forbidding such entry to him or a group of which he is a part, has been conspicuously posted or exhibited at the main entrance to such land or the forbidden part thereof. (2004 Code)
6-1-11: DISORDERLY CONDUCT/LOITERING:
   A.   Elements Of The Offense: A person commits the offense of disorderly conduct when he knowingly:
      1.   Does any act in such an unreasonable manner as to alarm or disturb another and to provoke a breach of the peace; or
      2.   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 grounds for believing that such fire exists; or
      3.   Transmits in any manner to another a false alarm to the effect that a bomb or other device of an explosive nature is concealed in such a place that its explosion would endanger human life, knowing that at the time of such transmission there is no reasonable grounds for believing that such bomb or explosive is concealed in such place; or
      4.   Transmits in any manner to any peace officer, public officer or public employee a report to the effect that an offense has been committed, knowing at the time of such transmission that there is no reasonable grounds for believing that such an offense has been committed; or
      5.   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 in it; or
      6.   While acting as a collection agent, 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; or
      7.   Engages in or aids or abets any fight, quarrel or other disturbance; or
      8.   Disturbs any religious service, funeral, public or private meeting or assembly of persons; or
      9.   Loiters or strolls in, about or upon any street, alley, parking lot or other public way or public place or in any public gathering or assembly or in or around any store, shopping mall, shop or business or commercial establishment or on any private property or place without lawful business or conducts himself in a lewd, wanton or lascivious manner in speech or behavior; or
      10.   Urinates or defecates in any public place except in sanitary waste facilities designed and maintained for such purpose, installed pursuant to the building code of the village of West Dundee and connected to the village's sewer system; or
      11.   Appears in a public place and is obviously under the influence of alcohol or controlled substance, to the degree that he may endanger himself or other persons or property, or alarm or disturb other persons in his vicinity; or
      12.   Consumes beer or alcoholic liquor on the streets or in any public place or premises not licensed for such purpose; or
      13.   Makes a telephone call with the intent to annoy another, whether conversation ensues or not; or
      14.   Engages in obscene or indecent activities or entertainment; or
      15.   Uses any obscene, profane, threatening or inciting language in any public place; or
      16.   Permits any assembly of people for the purpose of committing any unlawful act or breach of the peace, or any riotous offense or disorderly conduct, in or upon any premises owned or occupied by him or under his control or interrupts or disturbs any lawful assembly of people by making any loud or unusual noise, or by rude or indecent behavior, or by profane, obscene or improper discourse or conduct; or
      17.   Obstructs, either singly or together with other persons, the flow of vehicular or pedestrian traffic or refuses to clear such public way when ordered to do so by a peace officer or other lawful authority; or
      18.   Disturbs, tends to disturb or aids in disturbing the peace of others by violent, tumultuous, offensive or obstreperous conduct, and no person shall knowingly permit such conduct upon any premises owned or possessed by him or under his control.
   B.   Loitering Prohibited:
      1.   It shall be unlawful for any person to loiter in or near any thoroughfare, place open to the public or near any public or private place in a manner under circumstances manifesting the purpose to engage in drug related activity contrary to any of the provisions of this code or the state of Illinois criminal code of 1961, as amended.
      2.   Among the circumstances which may be considered in determining whether such purpose is "manifested" shall include, but not be limited to:
         a.   Such person is a known unlawful drug user, possessor or seller. For purposes of this provision, 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 controlled substances referred to in the Illinois criminal code of 1961, as amended, or such person who has been convicted of any violation of the provisions of said Illinois criminal code of 1961, as amended, or substantially similar laws of any political subdivision of this state or of any other state; or a person who displays the physical characteristics of drug intoxication or usage, such as "needle tracks" or a person who possesses drug paraphernalia as defined in the Illinois municipal code of 1961, as amended; or
         b.   Such person is currently subject to an order prohibiting his presence in a high drug activity geographic area; or
         c.   Such person behaves in a manner as to raise reasonable suspicion that he is about to engage in or is then engaged in an unlawful drug related activity including, by way of example only, such person acting as a "lookout"; or
         d.   Such person is physically identified by the officer as a member of a "gang" or association which has, as its purpose, illegal drug activity; or
         e.   Such person transfers small objects or packages for currency in a furtive fashion; or
         f.   Such person takes flight upon the appearance of a police officer; or
         g.   Such person manifestly endeavors to conceal upon himself or herself any object which reasonably could be involved in an unlawful drug related activity; or
         h.   The area involved is by public repute known to be an area of unlawful drug use and trafficking; or
         i.   The premises involved have been reported to law enforcement as a place of suspected gang activity; or
         j.   Such person possesses any instrument, article of thing whose customary or primary purpose is for the sale, administration or use of controlled substances such as, but not limited to, crack pipes, push wires, chore boys, hand scales, hypodermic needles, razor blades or other cutting tools; or
         k.   Any vehicle involved is registered to a known unlawful drug user, possessor or seller, or a person for whom there is an outstanding warrant for a crime involving drug related activity.
   C.   Penalty: Any person, firm or corporation violating this section shall be fined fifty dollars ($50.00) to one thousand dollars ($1,000.00) and/or public or community service, not to exceed one hundred twenty (120) hours and be responsible for the village's cost of prosecution. Each day that a violation continues shall be considered a separate offense. Restitution by the violator shall also be made to any property damaged or destroyed or person injured. (2004 Code)
6-1-12: RESISTING OR OBSTRUCTING A PEACE OFFICER:
   A.   Attempt To Resist Or Obstruct: Any person who takes a substantial step towards knowingly resisting or obstructing the performance by one known to the person to be a peace officer of any authorized act, within his official capacity, is guilty of this offense and is subject to a fine of fifty dollars ($50.00) to one thousand dollars ($1,000.00) and/or public or community service, not to exceed one hundred twenty (120) hours.
   B.   Resists Or Obstructs: Any 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 of this offense and subject to a fine of fifty dollars ($50.00) to one thousand dollars ($1,000.00) and/or public or community service, not to exceed one hundred twenty (120) hours. (2004 Code)
6-1-13: RETAIL THEFT:
6-1-13-1: LEGISLATIVE DECLARATION:
It is the public policy of this village that the substantial burden placed upon the economy of this village resulting from the rising incidence of retail theft is a matter of grave concern to the people of this village who have a right to be protected in their health, safety and welfare from the effects of this crime. (2004 Code)
6-1-13-2: DEFINITIONS:
For the purposes of this chapter the words and phrases defined in this section have the meanings ascribed to them unless a contrary meaning is clear from the context:
   CONCEAL: To "conceal" merchandise means that, although there may be some notice of its presence, that merchandise is not visible through ordinary observation.
   FULL RETAIL VALUE: The merchant's stated or advertised price of the merchandise.
   MERCHANDISE: Any item of tangible personal property.
   MERCHANT: An owner or operator of any retail mercantile establishment or any agent, employee, lessee, consignee, officer, director, franchisee or independent contractor of such owner or operator.
   MINOR: A person who is less than seventeen (17) years of age, is unemancipated and resides with his parents or legal guardian.
   PEACE OFFICER: Has the meaning ascribed to that term in section 6-1-2 of this chapter.
   PERSON: Any natural person or individual.
   PREMISES OF A RETAIL MERCANTILE ESTABLISHMENT: Includes, but is not limited to, the retail mercantile establishment; any common use areas in shopping centers and all parking areas set aside by a merchant or on behalf of a merchant for the parking of vehicles for the convenience of the patrons of such retail mercantile establishment.
   RETAIL MERCANTILE ESTABLISHMENT: Any place where merchandise is displayed, held, stored or offered for sale to the public.
   SHOPPING CART: Those pushcarts of the type or types which are commonly provided by grocery stores, drugstores or other retail mercantile establishments for the use of the public in transporting commodities in stores and markets and, incidentally, from the store to a place outside the store.
   UNDER RING: To cause the cash register or other sales recording device to reflect less than the full retail value of the merchandise. (2004 Code)
6-1-13-3: OFFENSE OF RETAIL THEFT:
A person commits the offense of retail theft when he or she knowingly:
   A.   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
   B.   Alters, transfers, or removes any label, price tag, marking, indicia of value or any other markings which 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
   C.   Transfers any merchandise displayed, held, stored 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
   D.   Under rings with the intention of depriving the merchant of the full retail value of the merchandise; or
   E.   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. (2004 Code)
6-1-13-4: PRESUMPTIONS:
If any person:
   A.   Conceals upon his or her person or among his or her belongings, unpurchased merchandise displayed, held, stored or offered for sale in a retail mercantile establishment; and
   B.   Removes that merchandise beyond the last known station for receiving payments for that merchandise in that retail mercantile establishment such person shall be presumed to have possessed, carried away or transferred such merchandise with the intention of retaining it 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. (2004 Code)
6-1-13-5: DETENTION:
Any merchant who has reasonable grounds to believe that a person has committed retail theft may detain such person, on or off the premises of a retail mercantile establishment, in a reasonable manner and for a reasonable length of time for all or any of the following purposes:
   A.   To request identification;
   B.   To verify such identification;
   C.   To make reasonable inquiry as to whether such person has in his possession unpurchased merchandise and, to make reasonable investigation of the ownership of such merchandise;
   D.   To inform a peace officer of the detention of the person and surrender that person to the custody of a peace officer;
   E.   In the case of a minor, to inform a peace officer, the parents, guardian or other private person interested in the welfare of that minor of this detention and to surrender custody of such minor to such person.
A merchant may make a detention as permitted herein off the premises of a retail mercantile establishment only if such detention is pursuant to an immediate pursuit of such person. (2004 Code)
6-1-13-6: VIOLATIONS; PENALTY:
   A.   Affirmative Defense: A detention as permitted in this section does not constitute an arrest or an unlawful restraint, as defined in 720 Illinois Compiled Statutes 10-3, nor shall it render the merchant liable to the person so detained.
   B.   Civil Liability: The parents or legal guardian of a minor who commits the offense of retail theft as herein defined shall be civilly liable for the full retail value or cost of repair or cost of replacement of the merchandise and actual damages not to exceed the limitations provided in section 5 of the "state Of Illinois parental responsibility law", approved October 6, 1969, as now or hereafter amended. A conviction or plea of guilty of the retail theft is not a prerequisite to the bringing of a civil suit hereunder. Recovery under this section may be had in addition to, and is not limited by, any other provision of law, which limits the liability of a parent or legal guardian for tortuous conduct of a minor.
   C.   Penalty: Retail theft of property, the full retail value of which does not exceed one hundred fifty dollars ($150.00) is punishable by fine of fifty dollars ($50.00) to one thousand dollars ($1,000.00) and/or public or community service, not to exceed one hundred twenty (120) hours. (2004 Code)
6-1-14: SEX OFFENSES:
6-1-14-1: PUBLIC INDECENCY:
   A.   Commits Public Indecency: Any person of the age of seventeen (17) years and upwards who performs any of the following acts in public place commits a public indecency:
      1.   An act of sexual intercourse; or
      2.   An act of deviate sexual conduct; or
      3.   A lewd exposure of the body done with intent to arouse or to satisfy the sexual desire of the person; or
      4.   A lewd fondling or caress of the body of another person of either sex.
   B.   Public Place Defined: "Public place" for purposes of this section means any place where the conduct may reasonably be expected to be viewed by others.
   C.   Penalty: Public indecency is punishable by fine of fifty dollars ($50.00) to one thousand dollars ($1,000.00) and/or public or community service, not to exceed one hundred twenty (120) hours. (2004 Code)
6-1-14-2: PROSTITUTION:
   A.   Acts Of Prostitution:
      1.   Enumerated: Any person who performs, offers or agrees to perform any of the following acts for money commits an act of prostitution:
         a.   Any act of sexual intercourse; or
         b.   Any act of deviate sexual conduct.
      2.   Penalty: Prostitution is punishable by fine of fifty dollars ($50.00) to one thousand dollars ($1,000.00) and/or public or community service, not to exceed one hundred twenty (120) hours.
   B.   Soliciting For Prostitute:
      1.   Enumerated: Any person who has or exercises control over the use of any places which could offer seclusion or shelter for the practice of prostitution who performs any of the following acts keeps a place of prostitution:
         a.   Knowingly grants or permits the use of such place for the purpose of prostitution; or
         b.   Grants or permits the use of such place under circumstances from which he could reasonably know that the place is used or is to be used for purposes of prostitution; or
         c.   Permits the continued use of a place after becoming aware of facts or circumstances from which he should reasonably know that the place is being used for purposes of prostitution.
      2.   Penalty: Keeping a place of prostitution is punishable by fine of fifty dollars ($50.00) to one thousand dollars ($1,000.00) and/or public or community service, not to exceed one hundred twenty (120) hours.
   C.   Patronizing A Prostitute:
      1.   Enumerated: Any person who performs any of the following acts with a person not his or her spouse commits the offense of patronizing a prostitute:
         a.   Engages in an act of sexual intercourse or deviate sexual conduct with a prostitute; or
         b.   Enters or remains in a place of prostitution with intent to engage in an act of sexual intercourse or deviate sexual conduct.
      2.   Penalty: Patronizing a prostitute is punishable by fine of fifty dollars ($50.00) to one thousand dollars ($1,000.00) and/or public or community service, not to exceed one hundred twenty (120) hours. (2004 Code)
6-1-14-3: OBSCENITY:
   A.   Elements Of The Offense: A person commits obscenity when, with knowledge of the nature or content thereof, or recklessly failing to exercise reasonable inspection which would have disclosed the nature or content thereof, he:
      1.   Sells, delivers provides, or offers or agrees to sell, deliver or provide any obscene writing, picture, record or other representation or embodiment of the obscene; or
      2.   Presents or directs an obscene play, dance or other performance or participates directly in that portion thereof which makes it obscene; or
      3.   Publishes, exhibits or otherwise makes available anything obscene; or
      4.   Performs an obscene act or otherwise obscene exhibition of his body for gain; or
      5.   Creates, buys, procures or possesses obscene matter or material with intent to disseminate it in violation of this section, or of the laws or regulations of any other jurisdiction; or
      6.   Advertises or otherwise promotes the sale of material represented or held out by him to be obscene, whether or not it is obscene.
   B.   Obscene, Defined: A thing is "obscene" if, considered as a whole, its predominant appeal is to prurient interest, that is, a shameful or morbid interest in nudity, sex or excretion, and if it goes substantially beyond customary limits of candor in description or representation of such matters. A thing is obscene even though the obscenity is latent, as in the case of undeveloped photographs.
   C.   Interpretation Of Evidence: Obscenity shall be judged with reference to ordinary adults, except that it shall be judged with reference to children or other specially susceptible audiences if it appears from the character of the material or the circumstances of its dissemination to be specially designed for or directed to such an audience.
Where circumstances of production, presentation, sale, dissemination, distribution, or publicity indicate that material is being commercially exploited for the sake of its prurient appeal, such evidence is probative with respect to the nature of the matter and can justify the conclusion that the matter is utterly without redeeming social importance. In any prosecution for an offense under this section evidence shall be admissible to show:
      1.   The character of the audience for which the material to which it was designed or to which it was directed;
      2.   What the predominant appeal of the material would be for ordinary adults or a special audience, and what effect if any, it would probably have on the behavior of such people;
      3.   The artistic, literary, scientific, educational or other merits of the material, or absence thereof;
      4.   The degree, if any, of public acceptance of the material in this village;
      5.   Appeal to prurient interest, or absence thereof, advertising or other promotion of the material;
      6.   Purpose of the author, creator, publisher or disseminator.
   D.   Penalty: Obscenity is punishable by fine or fifty dollars ($50.00) to one thousand dollars ($1,000.00) and/or public or community service, not to exceed one hundred twenty (120) hours.
   E.   Prima Facie Evidence: The creation, purchase, procurement or possession of a mold, engraved plate, computerized template, computer program or other embodiment of obscenity specially adapted for reproducing multiple copies, or the possession of more than three (3) copies of obscene material shall be prima facie evidence of an intent to disseminate.
   F.   Affirmative Defenses: It shall be an affirmative defense to obscenity that the dissemination:
      1.   Was not for gain and was made to personal associates other than children under eighteen (18) years of age;
      2.   Was to institutions or individuals having scientific or other special justification for possession of such material. (2004 Code)
6-1-14-4: HARMFUL MATERIAL:
   A.   Elements Of The Offense: A person who, with knowledge that a person is a child, that is a person under eighteen (18) years of age, or who fails to exercise reasonable care in ascertaining the true age of a child, knowingly distributes to or sends or causes to be sent to, or exhibits to, or offers to distribute or exhibit any harmful material to a child, is guilty of this offense.
   B.   Definitions:
      1.   Material is harmful if, to the average person, applying contemporary standards, its predominant appeal, taken as a whole, is to prurient interest, that is a shameful or morbid interest in nudity, sex, or excretion, which goes substantially beyond customary limits of candor in description or representation of such matters, and is material to the redeeming social importance of which is substantially less than its prurient appeal.
      2.   "Material", as used in this section means any writing, picture, record or other representation or embodiment.
      3.   "Distribute" means to transfer possession of, whether with or without consideration.
      4.   "Knowingly", as used in this section means having knowledge of the contents of the subject matter, or recklessly failing to exercise reasonable inspection which would have disclosed the contents thereof.
   C.   Interpretation Of Evidence: The predominant appeal to prurient interest of the material shall be judged with reference to average children of the same general age of the child to whom such material was offered, distributed, sent or exhibited, unless it appears from the nature of the matter or the circumstances of its dissemination, distribution or exhibition that it is designed for specially susceptible groups, in which case the predominant appeal of the material shall be judged with reference to its intended or probable recipient group. In prosecutions under this section, where circumstances of production, presentation, sale, dissemination, distribution, or publicity indicate the material is being commercially exploited for the sake of its prurient appeal, such evidence is probative with respect to the nature of the material and can justify the conclusion that the redeeming social importance of the material is in fact substantially less than its prurient appeal.
   D.   Penalty: Distribution of harmful material in violation of this section is punishable by fine of fifty dollars ($50.00) to one thousand dollars ($1,000.00) and/or public or community service, not to exceed one hundred twenty (120) hours.
   E.   Affirmative Defenses:
      1.   Nothing in this section shall prohibit any public library or any library operated by an accredited institution of higher education from circulating harmful material to any person under eighteen (18) years of age, provided such circulation is in aid of a legitimate scientific or educational purpose, and it shall be an affirmative defense in any prosecution that the act charged was committed in aid of legitimate scientific or educational purposes.
      2.   Nothing in this section shall prohibit any parent from distributing to his child any harmful material.
      3.   Proof that the defendant demanded, was shown and acted in reliance upon any of the following documents as proof of the age of a child, shall be a defense to any criminal prosecution under this section: A document issued by the federal government or any state, county or municipal government or subdivision or agency thereof, including, but not limited to, a motor vehicle operator's license, a registration certificate issued under the federal selective service act or an identification card issued to a member of the armed forces.
      4.   In the event an advertisement of harmful material as defined in this section culminates in the sale or distribution of such harmful material to a child, under circumstances where there was no personal confrontation of the child by the defendant, his employees or agents, as where the order or request for such harmful material was transmitted by mail, telephone, or similar means of communication, and delivery of such harmful material to the child was by mail, freight, or similar means of transport, it shall be a defense in any prosecution for a violation of this section that the advertisement contained the following statement, or a statement substantially similar thereto, and that the defendant required the purchaser to certify that he was not under eighteen (18) years of age and that the purchaser falsely stated that he was not under eighteen (18) years of age:
NOTICE: It is unlawful for any person under 18 years of age to purchase the matter herein advertised. Any person under 18 years of age who falsely states that he is not under 18 years of age for the purpose of obtaining the material advertised herein, is guilty of a Class B misdemeanor under the laws of the State of Illinois.
   F.   Child Falsifying Age: Any person under eighteen (18) years of age who falsely states, either orally or in writing that he is not under the age of eighteen (18) years, or who presents or offers to any person any evidence of age and identity which is false or not actually his own for the purpose of ordering, obtaining, viewing, or otherwise procuring or attempting to procure or view any harmful material is subject to fine of fifty dollars ($50.00) to one thousand dollars ($1,000.00) and/or public or community service, not to exceed one hundred twenty (120) hours. (2004 Code)
6-1-15: THEFT AND RELATED OFFENSES:
   A.   Theft:
      1.   Acts: 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 control over stolen property knowing the property to have been stolen by another or under such circumstances as would 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; and
            (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.
      2.   Penalty: The theft of property, other than a firearm, not from the person and not exceeding one hundred fifty dollars ($150.00) in value is punishable by a fine of fifty dollars ($50.00) to one thousand dollars ($1,000.00) and/or public or community service, not to exceed one hundred twenty (120) hours and/or restitution to the victim for the cost of replacement of the property stolen.
   B.   Lost Or Mislaid Property:
      1.   Acts: A person who obtains control over lost or mislaid property commits theft when he:
         a.   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
         b.   Fails to take reasonable measures to restore the property to the owner, and
         c.   Intends to deprive the owner permanently of the use or benefit of the property.
      2.   Penalty: A person convicted of theft under this section is subject to a fine of fifty dollars ($50.00) to one thousand dollars ($1,000.00) and/or public or community service, not to exceed one hundred twenty (120) hours and restitution to the victim for the cost of replacement of the property.
   C.   Labor Or Services Or Use Of Property:
      1.   Acts: 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.
      2.   Penalty: A person convicted of theft under this section is subject to a fine of fifty dollars ($50.00) to one thousand dollars ($1,000.00) and/or public or community service, not to exceed one hundred twenty (120) hours and restitution to the victim for the cost of the labor, service or use of the property rendered. (2004 Code)
6-1-16: WEAPONS:
   A.   Defined: Unless authorized by law, no person shall sell, manufacture, possess, wear under his clothing, or conceal about his person, or display in a threatening like manner, any dangerous or deadly weapon, as defined in 720 Illinois Compiled Statutes 5/33A-1, including, but not limited to, any pistol, revolver, slingshot, knuckles, any bowie or similar knife, or any knife with a switchblade or device whereby the blade or blades can be opened by a button, pressure on the handle or other mechanical contrivance.
   B.   Discharge Of Firearms: No person shall discharge any firearms in the village. In addition to those firearms defined by the state statutes, for purposes of this section, firearms shall include pump air rifles, CO2 pellet guns, paintball guns and any other device capable of discharging a projectile, missile, arrow or similar style projectile.
   C.   Display And Sale Of Specified Weapons: No pawnbroker, secondhand dealer or other person engaged in business in the village shall display or place on exhibition in any show window or other window facing upon any street, any pistol, revolver or other firearm or any brass or metal knuckles, or any club loaded with lead or other weight, or any blackjack or billy club. Weapons displayed for sale shall be incapable of firing. In nonbusiness hours said weapons shall be stored in a secured and locked vault, safe or security box.
   D.   Possession Of Dangerous Or Deadly Weapons: No person shall have in their possession, except within their own residence or transporting to and from their own residence or a bona fide commercial archery range, or on a bona fide commercial archery range, carry or use any bow made for the purpose of throwing or projecting arrows or missiles by any means whatsoever. While being transported, said bow shall be in an enclosed case or inoperable or inaccessible. Toy bows and blunt tipped arrows intended for use by children are not prohibited under this section.
   E.   Penalty: Any person, firm or corporation violating this section shall be fined fifty dollars ($50.00) to one thousand dollars ($1,000.00) and/or public or community service, not to exceed one hundred twenty (120) hours and be responsible for the village's cost of prosecution. Each day that a violation continues shall be considered a separate offense. Restitution by the violator shall also be made to any property damaged or destroyed or person injured. (2004 Code)
6-1-17: PUBLIC NUDITY:
   A.   Intent: It is the intent of this section to protect and preserve the health, safety, welfare and morals of the citizens of the village by prohibiting a person from intentionally or recklessly appearing or being nude, or causing another person to appear to be nude, in a public place and in other places which may reasonably be expected to be observed by the public within the village except as herein provided.
   B.   Definitions: When used in this section shall have the following meanings:
   BREAST: A portion of the human female mammary gland (commonly referred to as the female breast) including the nipple and areola (the darker colored area of the breast surrounding the nipple) and an outside area of such gland wherein such outside area is: 1) reasonably compact and contiguous to the areola and 2) contains at least the nipple and the areola and one-fourth (1/4) of the outside surface area of such gland.
   BUTTOCKS: The area at the rear of the human body (sometimes referred to as the gluteus maximus) which lies between two (2) imaginary straight lines running parallel to the ground when a person is standing, the first or top such line being one-half inch (1/2") below the top of the vertical cleavage of the nates (i.e., the prominence formed by the muscles running from the back of the hip to the back of the leg) and the second or bottom such line being one-half inch (1/2") above the lowest point of the curvature of the fleshy protuberance (sometimes referred to as the gluteal fold), and between two (2) imaginary straight lines, one on each side of the body (the "outside lines"), which outside lines are perpendicular to the ground and to the horizontal lines described above and which perpendicular outside lines pass through the outermost point(s) at which each nate meets the outer side of each leg. Notwithstanding the above, buttocks shall not include the leg, the hamstring muscle below the gluteal fold, the tensor fasciae latae muscle or any of the above described portion of the human body that is between either: 1) the left outside perpendicular line and the left outside perpendicular line or 2) the right inside perpendicular line and the right outside perpendicular line. For the purpose of the previous sentence the left inside perpendicular line shall be an imaginary straight line on the left side of the anus: a) that is perpendicular to the ground and to the horizontal lines described above and b) that is one-third (1/3) of the distance from the anus to the right outside line. (The above description can generally be described as covering 1/3 of the buttocks centered over the cleavage for the length of the cleavage.)
   ENTITY: Any proprietorship, partnership, corporation, association, business trust, joint venture, joint stock company or other for profit and/or not for profit organization.
   NUDE: Any person insufficiently clothed in any manner so that any of the following body parts are not entirely covered with a fully opaque covering:
      1.   The male or female genitals, or
      2.   The male or female pubic area, or
      3.   The female breast, or
      4.   The buttocks. Attire which is insufficient to comply with this requirement includes, but is not limited to, G-strings, T-backs, and thongs.
Body paint, body dyes, tattoos, liquid latex whether wet or dried, and similar substances shall not be considered opaque covering. Each female person may determine which one-fourth (1/4) of her breast surface area (see definition of Breast) contiguous to and containing the nipple and the areola is to be covered.
   PERSON: Any live human being aged ten (10) years of age or older.
   PLACES PROVIDED OR SET APART FOR NUDITY: Enclosed single sex public restrooms, enclosed single sex functional shower, locker and/or dressing room facilities, enclosed motel rooms and hotel rooms designed and intended for sleeping accommodations, doctor's offices, portions of hospitals, and similar places in which nudity or exposure is necessarily and customarily expected outside of the home and the sphere of privacy constitutionally protected therein. This term shall not be deemed to include places where a person's conduct of being nude is used for the promotion of business or is otherwise commercially exploited.
   PUBLIC PLACE: Any location frequented by the public, or where the public is present or likely to be present, or where a person may reasonably be expected to be observed by members of the public. Public places include, but are not limited to, streets, sidewalks, parks, beaches, business and commercial establishments (whether for profit or not for profit and whether open to the public at large or where entrance is limited by cover charge or membership requirement); bottle clubs; hotels; motels; restaurants; nightclubs; country clubs; cabarets; meeting facilities utilized by any religious, social, fraternal or similar organization. A premises, or portion thereof such as a hotel room, used solely as a private residence, whether permanent or temporary in nature, shall not be deemed to be a public place.
   C.   Legislative Findings: In addition and supplemental to the findings and determinations contained in this section, which are incorporated by reference into this subsection, it is hereby found by the village board, acting in its legislative capacity for the purpose of regulating the conduct of appearing nude in public places that the acts prohibited in subsection D of this section encourage or create the potential for criminal activity, that actual and simulated nudity and sexual conduct, begets and has the potential for begetting undesirable and unlawful behavior; that sexual, lewd, lascivious and salacious conduct among patrons and employees within establishments results in violation of law and creates dangers to the health, safety, welfare and morals of the public and those who engage in such conduct.
   D.   Nudity Prohibited In Public Places: It shall be unlawful for any person to knowingly, intentionally or recklessly appear, or cause another person to appear nude in a public place or in any other place which is readily visible to the public, except as provided in subsection E of this section. It shall also be unlawful for any person or entity maintaining, owning or operating any public place establishment to encourage, suffer or allow any person to appear nude in such public place, except as provided in subsection E of this section.
   E.   Exemptions: The prohibitions in subsection D of this section shall not apply:
      1.   When a person appears nude in a place provided or set apart for nudity provided: a) such person is nude for the sole purpose of performing the legal function(s) that is customarily intended to be performed within such place provided or set apart for nudity and b) such person is not nude for the purpose of obtaining money or other financial gain for such person or for another person or entity, or
      2.   When the conduct of being nude cannot legally be prohibited by this section: a) because it constitutes a part of a bona fide live communication, demonstration or performance by a person wherein such nudity is expressive conduct incidental to and necessary for the conveyance or communication of a genuine message or public expression and is not a mere guise or pretense utilized to exploit the conduct of being nude for profit or commercial gain and as such is protected by the United States or Illinois constitution or b) because it is otherwise protected by the United States or Illinois constitution.
      3.   A female breast feeding a baby in any location, public or private, where the female is otherwise authorized to be, irrespective of whether the nipple of the female's breast is uncovered during or incidental to the breast feeding.
   F.   Enforcement And Penalties: Any person or entity violating any of the provisions of this section shall be fined not less than three hundred dollars ($300.00) nor more than one thousand dollars ($1,000.00) per offense plus the cost of prosecution incurred by the village including reasonable attorney fees. Each incident or separate occurrence of an act that violates this section shall be deemed a separate offense. Continual or repeated violations of this section shall constitute a public nuisance and the village may initiate proceedings to abate any such nuisance. (Ord. 98-25, 9-14-1998)
6-1-18: VIDEO GAMING:
   A.   Video Gaming Permitted: Pursuant to 230 Illinois Compiled Statutes 40, video gaming act, video gaming is hereby permitted within the corporate boundaries of the village of West Dundee, Illinois. The village of West Dundee hereby adopts by reference the aforementioned compiled statute.
   B.   License Required: Any appropriately licensed liquor establishment within the corporate limits of West Dundee who may qualify for video gaming as defined under the act shall obtain a license to permit video gaming within at its local address, which must be issued by the village. (Ord. 2013-01, 2-4-2013)
   C.   Video Gaming Signage Provisions:
      1.   No reference to video gaming or video poker is permitted for any permanent freestanding, surface mounted or window signage for any licensed establishment.
      2.   Video gaming references are permitted for temporary window signage at no more than nine (9) square feet per commercial frontage. All other temporary sign provisions are restricted from including any references to gaming, video gaming or video poker. (Ord. 2013-20, 10-7-2013)
6-1-19: OPEN CONTAINER LAW:
   A.   Removal From Premises: It shall be unlawful for any licensee to knowingly permit any person who is a patron of his establishment to remove any alcoholic beverage from the licensed premises in an opened container, or any other container.
   B.   Removal; Public Possession: It shall be unlawful for any person to remove any opened container of alcoholic beverage or any other container into which an alcoholic beverage has been placed, from the licensed premises where it was purchased, or to be in possession of any opened container of alcoholic liquor in any public place, street or premises not licensed for such purpose.
   C.   Penalty: Any person violating this section shall be fined fifty dollars ($50.00) to one thousand dollars ($1,000.00) and/or public or community service, not to exceed one hundred twenty (120) hours and be responsible for the village's cost of prosecution. Each day that a violation continues shall be considered a separate offense. (Ord. 2011-09, 7-11-2011)
6-1-20: TRUANCY:
   A.   Truancy Prohibited: It is unlawful for any child who is subject to compulsory school attendance under Illinois state law, to be absent from attendance at school without prior parental permission. Emergency or unforeseen absences due to illness or other causes beyond the control of the person so absent without parental permission shall not constitute truancy if permission for such absence has been obtained from the parent or guardian and notification of such permission is made to the proper school authority no later than the end of the next full school day after the absence.
   B.   Responsibility: It is unlawful for any person having care or custody of a child who is subject to compulsory school attendance as required by Illinois state law to allow such child to be absent without valid cause from such attendance for a school day or portion thereof.
   C.   Valid Cause: "Valid cause" for absence shall mean illness, observance of a religious holiday, death in the immediate family, or family emergency and shall include such other circumstances that cause reasonable concern to the parent for the safety or health of the student.
   D.   Penalty: Any person violating this section shall be fined fifty dollars ($50.00) for the first offense and one hundred dollars ($100.00) for any subsequent offenses. Each day that a violation continues shall be considered a separate offense. (Ord. 2013-03, 2-18-2013)

 

Notes

1
1. See also subsection 3-14-2 A15 of this code.