CHAPTER 132

OFFENSES AGAINST PERSONS

 

132.01   Assault

132.02   Battery 

132.03   Resisting arrest 

132.04   Theft

132.05   Vandalism

132.06   Drug paraphernalia 

132.07   Sale, purchase, possession, or    consumption of tobacco by minors

 

132.99   Penalty

 

§ 132.01  ASSAULT.

 

It shall be unlawful for any person to engage in conduct which places another in reasonable apprehension of receiving a battery, without legal authority to do so.

(Ord. 2026, passed 8-5-96) Penalty, see § 132.99

 

§ 132.02  BATTERY.

 

It shall be unlawful for a person to intentionally and knowingly, without legal justification, and by any means to:

  1. Cause bodily harm to an individual; or

  2. Make physical contact of an insulting or provoking nature with an individual. 

(Ord. 2026, passed 8-5-96) Penalty, see § 132.99

 

§ 132.03  RESISTING ARREST.

  1. It shall be unlawful for any person to resist arrest or interfere with arrest.

  2. A person commits the offense of resisting arrest or interfering with arrest if, knowing that a law enforcement officer, member of the Police Department, or any person or animal duly empowered with police authority (hereinafter "Officer"), is making an arrest, he does any of the following:

  1. Resists the arrest of himself by using or threatening the use of violence or physical force or by fleeing from the officer; or

  2. Interferes with the arrest of another person by using or threatening the use of violence, physical force or physical interference.

  1. This section applies to arrests with or without warrants, for any ordinance violation or violation of state law.

  2. This section applies whether the officer is successfully making an arrest or merely attempting to make an arrest.

(Ord. 2026, passed 8-5-96) Penalty, see § 132.99

 

§ 132.04  THEFT.

  1. It shall be unlawful for any person to commit theft.

  2. For the purposes of this chapter, a person commits theft when he knowingly:

  1. Obtains or exerts unauthorized control over property of another; or

  2. Obtains by deception control over property of another; or

  3. Obtains by threat control over property of another;

  4. 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; or

  2. Knowingly uses, conceals or abandons the property of another in such manner as to deprive the owner permanently of such use or benefit; or

  3. Uses, conceals, or abandons such property knowing such use, concealment or abandonment probably will deprive the owner permanently of the use or benefit of such property.

  1. The following provisions cover theft of lost or mislaid property:

  1. If any person finds property which the finder recognizes as property belonging to an owner known to the finder, and if the finder fails to make a reasonable effort to restore the same to the owner, the finder shall be deemed to be guilty of theft.

  2. Any person who finds a sum of money, or any property with a value, in excess of one hundred dollars ($100.00), and who, with the intent of depriving the owner of possession of the property, fails to take reasonable measures to restore the same to the owner shall be guilty of theft.

  3. The following shall be reasonable measures to restore property to the owner:

  1. Taking the property to the lost and found department of the premises where the property was found. In premises having no lost and found department, the property may be taken to the administrative office, manager's office, cashier or other employee or officer ordinarily available to the public during working hours.

  2. Taking the property to the police department to be held until claimed.

  3. In the case of a lost animal, watching the lost and found ads in at least one (1) newspaper, looking for posters in the neighborhood and placing a lost and found ad in a newspaper of general circulation in the City, describing the animal and the location where the animal may be found.

  1. Unclaimed property. Any property found under this section that is not claimed within ninety (90) days of the time it is turned in to a lost and found department, other officer or employee or to the police department, shall be returned to the person finding the same. This section shall not prevent the owner from later claiming the same, but the finder shall not be guilty of theft for having kept the same in accordance with this section.

  2. No person shall be deemed guilty of theft for failure to take any action set out in subparagraph (d), above, of this section if sufficient time has not elapsed for such person to take such action.

  1. No person acting in good faith under a dispute over title to property or over the right to possession of property shall be deemed guilty of theft under this chapter. No person shall be deemed guilty of theft under this chapter for obtaining possession or control of property of a spouse.

(Ord. 2026, passed 8-5-96) Penalty, see § 132.99

 

§ 132.05  VANDALISM

  1. It shall be unlawful for any person to commit vandalism.

  2. For the purpose of this chapter, a person commits vandalism when he:

  1. Willfully or maliciously damages or defaces, within the corporate limits of the city, another person's real or personal property, without the other person's consent, or

  2. Willfully or maliciously enters into, or obtains control over any motor vehicle, bicycle, aircraft or water craft of another person, without the other person's consent.

(Ord. 2026, passed 8-5-96) Penalty, see § 132.99

 

§ 132.06  DRUG PARAPHERNALIA

  1. DRUG PARAPHERNALIA means all equipment, products, and materials of any kind which are used or intended to be used in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body cannabis or a control substance in violation of the Cannabis Control Act (ILCS Ch. 720, Act 550, § 1 et seq.) Or the Illinois Controlled Substances Act (ILCS 720, Act 570, § 100 et seq.).

  1. The above definition includes, but is not limited to objects used or intended to be used in ingesting, inhaling, or otherwise introducing cannabis, cocaine, hashish, hashish oil, or derivatives of any of said substances, into the human body, including, but not limited to, where applicable the following items:

  1. Water pipes;

  2. Carburetion tubes and devices;

  3. Smoking and carburetion masks;

  4. Miniature cocaine spoons and cocaine vials;

  5. Carburetor pipes;

  6. Electric pipes;

  7. Air-driven pipes;

  8. Chillums;

  9. Bongs;

  10. Ice pipes or chillers.

  1. It is unlawful for any person to keep for sale, offer for sale, sell or deliver for any commercial consideration any item of drug paraphernalia.

  2. Any store, place, or premises from which or in which any item of drug paraphernalia is kept for sale, offered for sale, sold, or delivered for any commercial consideration is declared to be a public nuisance.

  1.  The City Attorney may commence an action in the Circuit Court, in the name of the City to abate a public nuisance as described in paragraph (C) of this section.

  1. It shall be unlawful for any person to knowingly possess an item of drug paraphernalia with the intent to use it in ingesting, inhaling, or otherwise introducing cannabis or a controlled substance into the human body, to use an item of drug paraphernalia in ingesting, inhaling, or otherwise introducing cannabis or a controlled substance into the human body, or to use an item of drug paraphernalia in preparing cannabis or a controlled substance for the purpose of ingesting, inhaling, or otherwise introducing cannabis or a controlled substance into the human body. In determining intent, the trier of fact may take into consideration the proximity of the cannabis or controlled substance to the drug paraphernalia and/or the presence of cannabis or a controlled substance, or residue of the same, on the drug paraphernalia. "Controlled substance" shall have the meaning ascribed to it in Section 102 of the "Illinois Controlled Substances Act" as that act may be amended from time to time.

(Ord. 2026, passed 8-5-96; Am. Ord. 2213, passed 12-6-99; Am. Ord. 2383, passed 5-20-02) Penalty, see § 132.99

 

§ 132.07  SALE, PURCHASE, POSSESSION, OR CONSUMPTION OF TOBACCO BY MINORS

  1. Sale or Delivery of Tobacco to Minors. It shall be unlawful for any person to sell, offer for sale, give away, or deliver tobacco products to any person under the age of eighteen (18) years. If any person suspects that a minor is attempting to purchase or obtain a tobacco product, such person shall request and examine identification from the purchaser or acquirer and positively establish the purchaser's or acquirer's age as eighteen (18) years or greater before allowing the purchase or delivery of tobacco products to occur.

  2. Purchase of Tobacco by Minors. It shall be unlawful for any person under the age of eighteen (18) years to purchase tobacco products, or misrepresent his or her identity or age, or to use any false or altered identification for the purpose of purchasing tobacco products.

  3. Possession or Consumption of Tobacco by Minors. It shall be unlawful for any person under the age of eighteen (18) years to possess or consume in any manner or form tobacco products.

  1. Possession of tobacco products is not an offense if the person under eighteen (18) years of age was in possession of an unopened container or containers of tobacco products while performing his or her specified duties at a lawful place of employment.

  1. The provisions of paragraph (A) and paragraph (C) of this section do not apply to a person under the age of eighteen (18) years who is under the direct and immediate supervision of his or her parent or legal guardian in the privacy and confines of the parent's or legal guardian's residence.

  2. Definitions. For the purpose of this section, the term "Tobacco Products" means and includes any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, or dipping tobacco.

  3. Seizure. A law enforcement officer shall seize any tobacco product or products involved in any violation of this section committed in his or her presence.

(Ord. 2176, passed 3-1-98)

§ 132.08 sales to and possession of alcohol by persons under 21 years of age.
  1. No liquor licensee, nor any officer, associate, member, representative, agent, or employee of such licensee shall sell, give, or deliver alcoholic liquor to any person under the age of 21 years, or to any intoxicated person, or to any person known by him or her to be under a legal disability or in need of mental treatment. No person, after purchasing, or otherwise obtaining alcoholic liquor shall sell, give, or deliver such alcoholic liquor to another person under the age of 21 years, except in the performance of a religious ceremony or service.
  1. For the purposes of preventing a violation of this Section, any liquor licensee, or his or her agent, employee, member, or representative, may refuse to sell or serve alcoholic beverages to any person who is unable to produce adequate written evidence of identity and the fact that he or she is over the age of 21 years.
  2. Adequate written evidence of age and identity of the person is a document issued by a federal, 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. Proof that the liquor licensee, or his employee or agent, demanded, was shown, and reasonably relied upon such written evidence in any transaction forbidden by this Section is an affirmative defense in any criminal prosecution or ordinance violation prosecution. It shall not, however, be an affirmative defense if the agent or employee accepted the written evidence knowing it to be false or fraudulent.
  3. However, no agent or employee of the licensee shall be disciplined or discharged for selling or furnishing liquor to a person under 21 years of age, if the agent or employee demanded and was shown, before furnishing liquor to a person under 21 years of age, adequate written evidence of age and identity of the person issued by federal, 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. This subparagraph (4), however, shall not apply if the agent or employee accepted the written evidence knowing it to be false or fraudulent.
  4. No person shall sell, give, or furnish to any person under the age of 21 years any false or fraudulent written, printed, or photostatic evidence of the age and identity of such persons; nor shall any person sell, give, or furnish to any person under the age of 21 years evidence of age and identification of any other person.
  5. No person under the age of 21 years shall present or offer to any licensee, his agent or employee, any written, printed, or photostatic evidence of the age and identify which is false, fraudulent, or not actually his own for the purpose of ordering, purchasing, attempting to purchase, or otherwise procuring or attempting to procure the service of any alcoholic beverage; nor shall any person under the age of 21 years have in his or her possession any false or fraudulent written, printed, or photostatic evidence of age and identity.
  6. No person under the age of 21 years shall have any alcoholic beverage in his or her possession on any street or highway or in any public place open to the public. This subparagraph (7) does not apply to possession by a person under the age of 21 years making a delivery of an alcoholic beverage in pursuance of the order of his or her parent or in pursuance of his or her employment.

  1. Except as otherwise provided in this Section, whoever violates any of the provisions of this Section, shall, in addition to any other penalties provided for in this Chapter or as provided by law, be guilty of an ordinance violation.

(Ord. 2327, passed 8-20-01)

 

§ 132.99  PENALTY

  1. Any person who shall violate the provisions § 132.07(A) shall be punished by a fine of not less than One Hundred Dollars ($100), nor more than Seven Hundred Fifty Dollars ($750). Violations of §132.07(A) may be enforced by issuance of a "Notice of Violation" in the amount of One Hundred Dollars ($100) for a first offense, Two Hundred Dollars ($200) for a second offense, or by issuance of a Notice to Appear.
  2. Any person who violates the provisions of this Chapter relating to Assault (Code §132.01), Battery (Code §132.02), Theft (Code §132.04), Vandalism (Code §132.05), Purchase of Tobacco by a Minor (Code §132.07(B)), Use or Possession of Tobacco by a Minor (Code §132.07(C)), shall be fined not less than fifty dollars ($50.00) for a first offense, seventy five dollars ($75.00) for a second offense, and one hundred dollars ($100.00) for a third offense, and not more than seven hundred and fifty dollars ($750.00) for all subsequent offenses. Violations of these sections of Chapter 132 may be enforced by issuance of a “Notice of Violation” for the fine amount enumerated herein, or by issuance of a Notice to Appear.

  3. Whoever violates the provisions of this Chapter, for which another penalty is not already provided, shall be fined not less than One Hundred Dollars ($100) and not more than Seven Hundred and Fifty Dollars ($750) for each offense.

(Ord. 2026, passed 8-5-96; Am. Ord. 2176, passed 3-1-98, Am. Ord. 2327, passed 8-20-01; Am. Ord. 2876, passed 3-1-10)