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)