TITLE XIII:
GENERAL OFFENSES
Chapter
130. OFFENSES
AGAINST JUSTICE AND ADMINISTRATION
131. OFFENSES AGAINST PROPERTY
132. OFFENSES AGAINST PERSONS
133. OFFENSES AGAINST PUBLIC PEACE AND SAFETY
134. DRUG OFFENSES
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CHAPTER
130: OFFENSES AGAINST JUSTICE AND
ADMINISTRATION
Section
130.01 Compliance
with state law required
130.02 Impersonating
an officer
130.03 Concealing
knowledge
130.04 Escape
130.05 Aiding
in escape
130.06 Furnishing
items to prisoners
130.99 General
penalty
§ 130.01
COMPLIANCE WITH STATE LAW REQUIRED.
It shall be unlawful for any person to
commit any act or fail to perform any requirement which is prohibited or
required by state law, insofar as such laws are applicable to municipal
government.
(1963
Code, § 6-2-23) Penalty, see § 130.99
§ 130.02
IMPERSONATING AN OFFICER.
It shall be unlawful for any person to
represent falsely himself or herself to be an officer of the municipality or
who shall attempt to impersonate any such officer or who shall without
authority perform any official act therein on behalf of an officer.
(1963
Code, § 6-3-22) Penalty, see § 130.99
§ 130.03
CONCEALING KNOWLEDGE.
It shall be unlawful for any person to
conceal knowledge of the commission of any offense or to conceal knowledge of
any unlawful act as defined in this code.
(1963
Code, § 6-2-11) Penalty, see § 130.99
§ 130.04
ESCAPE.
It shall be unlawful for any person
convicted of any offense or in lawful custody to escape or attempt to escape
from custody.
(1963
Code, § 6-2-19) Penalty, see § 130.99
§ 130.05
AIDING IN ESCAPE.
It shall be unlawful for any person to
aid or assist any person to escape from lawful confinement or to assist any
person to escape from the custody of any peace officer.
(1963
Code, § 6-2-18) Penalty, see § 130.99
§ 130.06
FURNISHING ITEMS TO PRISONERS.
It shall be unlawful for any person to
furnish or attempt to furnish or take into jail or to deliver or attempt to
deliver to any prisoner therein confined, or in the custody of any officer, any
weapon, tool, intoxicating liquors, drug, or other article without the consent
of the officer in charge.
(1963
Code, § 6-2-51) Penalty, see § 130.99
§ 130.99
GENERAL PENALTY.
Whoever violates any provision of this
title for which another penalty is not specifically provided, shall be fined
not more than $750 for each and every violation thereof, and every day the
violation continues shall constitute a separate offense.
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CHAPTER 131: OFFENSES AGAINST PROPERTY
Section
131.01 Retail
theft
131.02 Theft
131.03 Possession
of burglar tools
131.04 Petit
theft
131.05 Fraudulently
avoiding payment of admission fees
131.06 Swindling
131.07 False
pretenses
131.08 Criminal
damage to property
131.09 Malicious
injury to property
§ 131.01
RETAIL THEFT.
(A) Definitions. For the purpose of this section, the words
and phrases defined herein shall have the meanings ascribed to them in those
sections unless a contrary meaning is clear from the context.
(1) CONCEAL MERCHANDISE.
Although there may be some notice of its presence, merchandise is not
visible through ordinary observation.
(2) FULL RETAIL VALUE. The
merchant's stated or advertised price of the merchandise.
(3) MERCHANDISE. Any item of
tangible personal property.
(4) 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.
(5) MINOR. A person who is less than 18 years of age, is
unemancipated and resides with his or her parents or legal guardian.
(6) PERSON. Any natural
person or individual.
(7) 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.
(8) RETAIL MERCANTILE ESTABLISHMENT. Any place where merchandise is displayed,
held, stored or offered for sale to the public.
(9) SHOPPING CART. Those
push carts of the type or types which are commonly provided by grocery stores,
drug stores or other retail mercantile establishments for the use of the public
in transporting commodities in stores and markets and, incidentally, from the
stores to a place outside the store.
(10) UNDER-RING. To cause the
cash register or other sales recording device to reflect less than the full
retail value of the merchandise.
(B) Offense of retail theft. A person commits the offense of retail theft
when he or she knowingly:
(1) Takes possession of, carries away, transfers or causes to be
carried away or transferred, any merchandise displayed, held, stored or offered
for
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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
(2) 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
(3) Transfers any merchandise displayed, held, stored or offered for
sale, in a retail mercantile establishment from the container in or 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
(4) Under-rings with the intention of depriving the merchant of the
full retail value of the merchandise; or
(5) 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.
(C) Presumptions. If any person:
(1) 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
(2) 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.
(D) Detention.
(1) 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 or
her 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;
(2) 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.
(E) Affirmative defense. A detention as
permitted in this section does not constitute an arrest or an unlawful
restraint, nor shall it render the merchant liable to the person so detained.
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7
(F) Civil liability.
(1) A person who commits the offense of retail theft as defined in
divisions (B)(1), (2) or (3) above shall be civilly liable to the merchant of
the merchandise in an amount consisting of:
(a) Actual damages equal to the full retail value of the merchandise
as defined herein; plus
(b) An amount not less than $100 nor more than $1,000; plus
(c) Attorney's fees and court costs.
(2) If a minor commits the offense of retail theft, the parents or
guardian of the minor shall be civilly liable as provided in this section.
(3) A conviction or a plea of guilty to the offense of retail theft is
not a prerequisite to the bringing of a civil suit hereunder.
(4) Judgments arising under this section may be assigned.
(G) Separability. If any division, clause, sentence, paragraph
or part of this section is for any reason adjudged by any court of competent
jurisdiction to be invalid, such judgment will not affect, impair or invalidate
the remainder thereof, but shall be confined in its operation to the division,
clause, sentence, paragraph or part thereof directly involved in the
controversy in which such judgment shall have been rendered.
(H) Penalty.
(1) The penalty for retail theft of property, the full retail value of
which does not exceed $150 shall be not less than $100, nor more than $500.
(2) The penalty for any retail theft of property, the full retail
value of which exceeds $150 shall be not less than $250, nor more than $1,000.
(Ord.
1152, passed 9-8-1987)
§ 131.02
THEFT.
A person commits the offense of theft
when he or she 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
by threat control over property of the owner; or
(D) Obtains
control over stolen property knowing the property to have been stolen by
another or under such circumstances as would reasonably induce him or her 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 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.
(1963
Code, § 6-2-55) (Ord. 768, passed
4-14-1969)
Penalty,
see § 130.99
§ 131.03
POSSESSION OF BURGLAR TOOLS.
It shall be unlawful for any person to
have in his or her possession any nippers of any description known as burglar's
nippers, pick-lock, skeleton key, jimmy, or other burglar's instrument or tool
of any description, unless it be shown that the possession is innocent or for a
lawful purpose.
(1963
Code, § 6-2-7) Penalty, see § 130.99
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§ 131.04
PETIT THEFT.
It shall be unlawful for any person to
commit petit theft, which is hereby defined as a theft when the property taken
is of a value of less than $150.
(1963
Code, § 6-2-35) Penalty, see § 130.99
§ 131.05
FRAUDULENTLY AVOIDING PAYMENT OF ADMISSION FEES.
It shall be unlawful for any person
fraudulently to enter, without payment of the proper admission fee, any
theater, ballroom, lecture, concert or other place where admission fees are
charged; provided, however, that nothing herein contained shall be deemed to
prohibit or restrict the free admission of police officers engaged in the
performance of police duties to any place of public entertainment or amusement.
(1963
Code, § 6-2-1) Penalty, see § 130.99
§ 131.06
SWINDLING.
It shall be unlawful for any person, who
by color, or aid of any trick or sleight of hand performance, or by fraud or by
fraudulent scheme, cards, dice or device, to win for themselves or for another
any money or property or a representative of either.
(1963
Code, § 6-2-46) Penalty, see § 130.99
§ 131.07
FALSE PRETENSES.
It shall be unlawful for any person to
obtain any food, drink, goods, wares, or merchandise under false pretenses, or
to enter any public place and call for refreshments or other articles and
receive and refuse to pay for same, or depart without paying for or satisfying
the person from whom such person received the food, goods, wares, and
merchandise.
(1963
Code, § 6-2-21) Penalty, see § 130.99
§ 131.08
CRIMINAL DAMAGE TO PROPERTY.
Whoever commits any of the following acts
shall be fined not to exceed $500 or imprisoned in a penal institution other
than the penitentiary not to exceed 6 months, or both, or for the commission of
any act enumerated in division (A) or (F):
(A) Knowingly
damages any property of another without his or her consent; or
(B) Recklessly
by means of fire or explosive damages property of another; or
(C) Knowingly
starts a fire on the land of another without his or her consent; or
(D) Knowingly
injures a domestic animal of another without his or her consent; or
(E) Knowingly
deposits on the land or in the building of another, without his or her consent,
any stink bomb or any offensive smelling compound and thereby intends to
interfere with the use by another of the land or building; or
(F) Damages
any property with intent to defraud an insurer.
(1963
Code, § 6-2-53) (Ord. 749, passed
4-15-1968)
§ 131.09
MALICIOUS INJURY TO PROPERTY.
It shall be unlawful for any person
wilfully and maliciously to injure, deface, mutilate, remove, pull down, break,
or in any manner interfere with or molest or secrete or destroy any real or
personal property belonging to or under the control of any person.
(1963
Code, § 6-2-41) Penalty, see § 130.99
CHAPTER
132: OFFENSES AGAINST PERSONS
Section
132.01 Assault
132.02 Battery
132.03 Cruelty
132.04 Encouraging
delinquency
132.05 Cigarette
smoking prohibited
§ 132.01
ASSAULT.
It shall be unlawful for any person to
commit assault, which is hereby defined as any conduct which places another in
reasonable apprehension of receiving a battery.
(1963
Code, § 6-2-2) Penalty, see § 130.99
§ 132.02
BATTERY.
It shall be unlawful for any person to
commit battery. A person commits battery
if he or she intentionally or knowingly without legal justification and by any
means causes bodily harm to an individual or makes physical contact of an
insulting or provoking nature with an individual.
(1963
Code, § 6-2-5) Penalty, see § 130.99
§ 132.03
CRUELTY.
It shall be unlawful for any person to
cruelly or inhumanely whip, injure, beat, or mistreat his or her own spouse,
child, stepchild, or apprentice, or other child under his or her care.
(1963
Code, § 6-2-13) Penalty, see § 130.99
§ 132.04
ENCOURAGING DELINQUENCY.
It shall be unlawful for any person, by
any act or neglect, to encourage, aid, or cause a child to come within the
purview of the juvenile authorities; and it shall likewise be unlawful for any
person, after notice that a driver's license of any child has been suspended or
revoked, to permit such child to operate a motor vehicle during the period that
such driver's license is suspended.
(1963
Code, § 6-2-14) Penalty, see § 130.99
§ 132.05
CIGARETTE SMOKING PROHIBITED.
(A) It
shall be unlawful for any person under 18 years of age to possess or smoke
cigarettes, cigars, pipes or other tobacco products within the corporate limits
of the city.
(B) Any
person violating the provisions of this section shall be fined $25 for a first
violation and $500 for any second or subsequent violations.
(Ord.
1931, passed 9-12-2005)
Cross-reference:
Cigarette
dealers, see Ch. 113
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CHAPTER 133: OFFENSES AGAINST
PUBLIC PEACE AND SAFETY
Section
133.01 Unlawful
assembly
133.02 Collecting
crowds
133.03 Disturbing
the peace
133.04 Riot
133.05 Drunkenness
133.06 Curfew
133.07 Truancy
133.08 False
fire alarms
133.09 Keeping
of junk restricted
133.10 Barbed
wire and electric fences
133.11 Renting
premises for unlawful purposes
133.12 Noise
from loud speakers or sound trucks
133.13 Events
causing annoyance or injury prohibited
133.14 Posting
bills
133.15 Hypnotists
prohibited
133.16 Loitering
and related offenses
133.99 Penalty
§ 133.01
UNLAWFUL ASSEMBLY.
It shall be unlawful for 2 or more
persons to assemble together for the purpose of disturbing the peace or for the
purpose of committing an unlawful act and not to disperse upon the command of
an officer so to do.
(1963
Code, § 6-2-3) Penalty, see § 133.99
§ 133.02
COLLECTING CROWDS.
It shall be unlawful for any person to
collect within the city a crowd of people to the annoyance of
the
citizens thereof or to the annoyance or injury of the public.
(1963
Code, § 6-2-10) Penalty, see § 133.99
§ 133.03
DISTURBING THE PEACE.
A person commits the offense of
disorderly conduct, also known as disturbing the peace, when a person
knowingly:
(A) Does
any act in such unreasonable manner as to alarm or disturb another and to
provoke a breach of the peace;
(B) Transmits
in any manner to the fire department of any city, town, village or fire
protection district a false alarm of fire, knowing at the time of such
transmission that there is no reasonable ground for believing that such fire
exists;
(C) Transmits
in any manner to another a false alarm in the effect that a bomb or other
explosive of any nature is concealed in such place that its explosion would
endanger human life, knowing at the time for such transmission that there is no
reasonable ground for believing that such bomb or explosive is concealed in
such place;
(D) 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 ground for believing that such an
offense has been committed;
(E) Enters
upon the property of another and for a lewd or unlawful purpose deliberately
looks into a
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dwelling
on the property through any window or other opening in it;
(F) Urinates
or defecates on any public street, alley, sidewalk or floor of any public
building or of any building where the public gathers or has access, or in any
other place, whether public or private, where such act could be observed by any
member of the public, except in such place that has been designated as a
restroom;
(G) Starts
a fight or engages in a fight in the city.
A fight means any physical altercation between 2 or more
individuals. Self-defense as allowed pursuant
to Illinois law shall be an affirmative defense to this charge; or
(H) Willfully,
maliciously, intentionally, or unnecessarily disturbs the peace and quiet of
another, or of any neighborhood or family or religious congregation or other
assembly by loud or unusual noises, or indecent behavior, or by offensive or
unbecoming conduct.
(1963
Code, § 6-2-16) (Am. Ord. 2148, passed
10-20-2008) Penalty, see § 133.99
§ 133.04
RIOT.
It shall be unlawful for any person to
fail or refuse immediately to disperse upon an order to do so by a police
officer, when 2 or more persons are assembled for the purpose of disturbing the
peace or for the purpose of committing any unlawful act.
(1963
Code, § 6-2-45) Penalty, see § 133.99
§ 133.05
DRUNKENNESS.
It shall be unlawful for any person to be
found drunk, intoxicated, or under the influence of intoxicating liquor upon
any public thoroughfare or other public place.
(1963
Code, § 6-2-17) Penalty, see § 133.99
§ 133.06
CURFEW.
(A) It
shall be unlawful for any person under the age of 15 years to be or remain upon
any street or alley or other public place in the city after 10:00 p.m. unless
such person is accompanied by a parent or guardian, or other person of the age
of 21 years or more, or unless engaged in some occupation or business in which
the child may lawfully engage under the statutes of this state.
(B) It
shall be unlawful for any person between the ages of 15 and 17 years inclusive,
to be or remain on any street or alley or other public place in the city after
the hour of 11:30 p.m. unless such person is accompanied by a parent or
guardian, or other person of the age of 21 or more, or unless engaged in some
business or occupation in which such child may be lawfully engaged under the
statutes of this state.
(1963
Code, § 6-6-1)
(C) It
shall be unlawful for anyone having legal care and custody of any person, as
described herein to allow or permit such person to go upon any public street,
alley or other public place in the city in the nighttime as restricted in
divisions (A) and (B) above of this section.
(1963
Code, § 6-6-2)
(D) Every
member of the Police Force while on duty is hereby authorized to detain any
minor wilfully violating the provisions of divisions (A) or (B) of this section
until the parent or guardian of the child shall take him or her into custody;
but such officer shall immediately upon taking custody of the child communicate
with the parent or guardian.
(1963
Code, § 6-6-3)
(E) The
Chief of Police may have sounded a proper signal at 10:00 p.m. each evening to
indicate the curfew.
(1963
Code, § 6-6-4) (Ord. 613, passed
9-6-1960)
(F) This
section does not apply to a minor who is:
(1) Accompanied by the minor’s parent or guardian;
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(2) On an errand at the direction of the minor’s parent or guardian,
without any detour or stop;
(3) In a motor vehicle involved in interstate travel;
(4) Engaged in an employment activity, or going to or returning home
from an employment activity, without any
detour or stop;
(5) Involved in an emergency;
(6) On the sidewalk abutting the minor’s residence or abutting the
residence of a next-door neighbor if the neighbor did not complain to the
police department about the minor’s presence;
(7) Attending an official school, religious or other recreational
activity supervised by adults and sponsored by the city, a civic organization,
or another similar entity that takes responsibility for the minor, or going to
or returning home from, without any detour or stop, an official school,
religious, or other recreational activity sponsored by the city, a civic
organization, or another similar entity that takes responsibility for the
minor;
(8) Exercising First Amendment rights protected by the United States
Constitution, such as the free exercise of religion, freedom of speech, and the
right of assembly; or
(9) Married or had been married or had disabilities of minority
removed in accordance with state law.
Penalty,
see § 133.99
§ 133.07
TRUANCY.
(A) Definitions. For the purpose of this section the following
definitions shall apply unless the context clearly indicates or requires a
different meaning.
(1) PARENTAL PERMISSION.
Shall include permission from a person in loco parentis and shall be
given for reasons only of personal illness,
serious
family illness, death in the family, serious home emergencies, necessary and
lawful family support, employment, valid religious justification, school
district's, providing appropriate evidence of home schooling and/or compelling
family reasons.
(2) TRUANT. A child subject
to compulsory school attendance and who is absent without parental/guardian
permission from such attendance for a school day or a portion thereof.
(B) Truancy prohibited.
(1) It shall be unlawful for any person within the corporate limits of
the city, or enrolled in a school within the corporate limits of the city, and
enrolled in grades 1 through 12 who is (1) required by law to attend school;
(2) subject to the compulsory attendance requirements of the Illinois School
Code, as it may be amended from time to time; or (3) enrolled in a public,
private or parochial school (hereinafter referred to as student) to absent
himself or herself from attendance at school without parental or guardian
school permission. It shall also be unlawful for any parent or legal guardian
of any such child to allow a child to violate this section.
(2) It shall further be unlawful for any student enrolled in public,
private or parochial school to absent himself or herself from attendance at
said school without parental/guardian permission. Any person who shall so
absent himself or herself shall be guilty of the offense of truancy and
students and/or those who have custody shall be subject to a fine as set forth
hereafter. Emergency or unforeseen absences due to illness or other causes
beyond the control of the person so absenting himself or herself from school
without parental permission shall not constitute truancy if permission is
submitted in writing to the proper school authorities within 24 hours after
such absence.
(3) It shall be unlawful for any person who has custody or control of
a student to permit such child not to attend some public, private or parochial
school in the district wherein the child resides during the entire time it is
in the session during the regular school term, without reasonable and adequate
excuse,
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such
excuse including, personal illness, serious family illness, death in the
family, serious home emergency, necessary and lawful family support,
employment, valid religious justification or providing evidence of satisfactory
participating in home schooling, or compelling family reason. Any person
violating this section is guilty of the offense of truancy and shall be subject
to a fine as set forth hereafter.
(4) False excuse prohibited. It shall be an offense under this section
for a parent or other individual to knowingly submit to the proper school
authorities a written excuse under any of the provisions herein that contains
false information, including falsification of a signature. A person convicted
of an offense under this section shall be subject to a fine set forth
hereafter.
(Ord.
1764, passed 4-29-2002) Penalty, see §
133.99
§ 133.08
FALSE FIRE ALARMS.
(A) No
person shall knowingly give, or cause to be given, any false alarm signal or
call of fire by any means whatsoever.
(1963
Code, § 4-1-13) (Ord. 677, passed
6-29-1964)
(B) It
shall be unlawful for any person to wilfully, by outcry or otherwise, make or
circulate any false alarm of fire, or wilfully turn in a false alarm of fire.
Upon the arrest and conviction of any such person, the person furnishing the
information leading to such arrest and conviction shall be entitled to be paid
out of the treasury the sum of $25. The
Mayor is hereby authorized, whenever, in the Mayor's judgment, it becomes
necessary, to advertise the fact that a reward of $25 will be paid to the
person furnishing information leading to the arrest or conviction of any person
for the violation of the provisions of this section.
(1963
Code, § 4-3-1) Penalty, see § 133.99
§ 133.09
KEEPING OF JUNK RESTRICTED.
It shall be unlawful for any person to
store or keep any old articles or materials which may be classified as junk
adjacent to or in close proximity to
any
schoolhouse, church, public parks, public grounds, business buildings, or
residences without first providing proper and tight buildings for the storage
of the same.
(1963
Code, § 6-2-27) Penalty, see § 133.99
§ 133.10
BARBED WIRE AND ELECTRIC FENCES.
It shall be unlawful for any person to
erect or maintain any electric fence or any fence constructed in whole or in
part of barbed wire or to use barbed wire as a guard to any parking lot,
stairway, entrance to a building or parcel of land.
(1963
Code, § 6-2-4) Penalty, see § 133.99
§ 133.11
RENTING PREMISES FOR UNLAWFUL PURPOSE.
It shall be unlawful for any person to
rent, use, or allow to be used any building or property owned by that person,
for any purpose whereby riotous or disorderly persons are gathered.
(1963
Code, § 6-2-28) Penalty, see § 130.99
§ 133.12
NOISE FROM LOUD SPEAKERS OR SOUND TRUCKS.
It shall be unlawful to play, operate, or
use any device known as a sound truck, loud speaker or sound amplifier, radio,
or phonograph, with loud speaker or sound amplifier, or any instrument of any
kind or character which emits loud and raucous noises and is attached to and
upon any vehicle unless such person in charge of such vehicle shall have first
applied to and received permission from the Chief of Police to operate any such
vehicle so equipped.
(1963
Code, § 6-2-29) Penalty, see § 133.99
§ 133.13
EVENTS CAUSING ANNOYANCE OR INJURY PROHIBITED.
It shall be unlawful for any person to
rent, use or allow to be used, any yard, ground or grave, or other
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real
estate within the city for public picnics or open air dances, to be conducted in
such manner as to be an annoyance or injury to the public.
(1963
Code, § 6-2-38) Penalty, see § 130.99
§ 133.14
POSTING BILLS.
It shall be unlawful for any person to
paste, post, paint, print or nail any handbill, sign, poster, advertisement or
notice of nay kind on any curbstone, flagstone or any other portion or part of
any sidewalk, or upon any tree, lamppost, hitchpost, telegraph pole, hydrant or
upon any private wall, door or gate, without the consent in writing of the
owner of the wall, door or gate; provided, however, that this sections hall not
prevent posting by proper city and county officials of election signs, polling
place signs and other signs or placards necessary under the law to the conduct
of elections.
(1963
Code, § 6-2-40) Penalty, see § 133.99
§ 133.15
HYPNOTISTS PROHIBITED.
It shall be unlawful for any person to
practice hypnotism or for any person to be a subject for such hypnotist
provided that this shall not apply to hypnotism as used in the treatment of
patients by an accredited doctor of medicine or doctor of dentistry nor shall
it prohibit the teaching of hypnotism In any state accredited educational
institution which maintains an academic standard of the college level.
(1963
Code, § 6-2-24) Penalty, see § 133.99
§ 133.16
LOITERING AND RELATED OFFENSES.
(A) It
shall be unlawful for any person to loiter as defined herein, either alone
and/or in concert with others, in such a manner as to:
(1) Obstruct any public street, public highway, public sidewalk,
public alley or way, or any other public place or building by hindering and/or
impeding and/or intending to hinder and/or impede the
free
and uninterrupted passage of vehicles, traffic, or pedestrians.
(2) To loiter while alone and/or consort with others in or upon any
public street, public highway, public sidewalk and/or public place or building
in such a manner so as to commit in any of the aforesaid public places and/or
any other public place any act or thing which is an obstruction or interference
to the free and uninterrupted use of property, or with any business lawfully
conducted by anyone in or upon or facing or fronting on any such public street,
public highway, public sidewalk, alley, or public way or any other public place
or building, all of which prevents the free and uninterrupted ingress, egress
or regress therein, thereof and/or thereto, and no person shall by his or her
presence or by other means, either alone or in concert with others, interfere
with or interrupt the conduct of business in the offices located in such
buildings or public places.
(B) For
purposes of this section, the following definitions shall apply:
LOITERING.
Includes the following activity: Remaining
idle in essentially 1 location and spending time idly in connection therewith;
to linger; to stay, to saunter, to delay, to stand around; and shall also
include the colloquial expression "hanging around"; moving slowly
about; sleeping in motor vehicles or trailers located on public property;
sleeping on streets or sidewalks, alleys, public ways, parks or other public
property.
PUBLIC PLACE.
Includes, but is not limited to, the
following: All places commonly known as being distinctively public, such as
public streets; public restrooms; sidewalks; parks; alleys and buildings; all
places privately owned but open to the public generally, shopping centers,
transportation terminals, retail stores, movie theatres, office buildings and
restaurants.
SURROUNDING AREA.
That area easily and immediately accessible
to the person under observation.
2010
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16 LaSalle - General Offenses
(C) It
shall be unlawful in the city, pursuant to this section, for any person or
persons to place or erect upon any public way or passage way to any building an
obstruction of any type, provided that this section shall not prevent the duly
authorized or required placing of temporary barriers or warning signs for the
purpose of safeguarding the public.
(D) When
any person causes or commits any offense or conditions enumerated above within
this section, a police officer or any law enforcement officer may order that
the person and/or persons stop causing or committing same and to move on and/or
disburse and/or remove the obstruction. Any person and/or persons who refuse or
fail to immediately so move on and/or disburse and/or remove said obstruction
shall be guilty of an additional violation of this section.
(Ord.
2038, passed 10-23-2006) Penalty, see §
133.99
§ 133.99
PENALTY.
(A) Whoever
violates any provision of this chapter for which no specific penalty is
otherwise provided shall be subject to the provisions of § 130.99.
(B) Any
student who violates the provisions of § 133.07 and/or any persons, including,
but not limited to, a person having custody of a student hereunder who violates
§ 133.07 shall be a subject to a fine of not less than $5 and not more than
$100.
(Ord.
1764, passed 4-29-2002)
(C) Any
person or persons violating the provisions of § 133.08 shall upon conviction,
be fined not less than $5 nor more than $200.
(1963
Code, § 4-1-13) (Ord. 677, passed
6-29-1964)
(D) Any
person who violates § 133.03 shall be fined not less than $50, nor more than
$750, for each offense; additionally, each violation of § 133.03 shall be
considered a separate, individual offense.
(Ord.
2148, passed 10-20-2008)
(E) The
penalty for a finding of guilty, plea of guilty and/or conviction for any
violation of § 133.16 shall be a fine of not less than $50 and no more than
$500 for each violation of § 133.16.
Each individual violation of § 133.16 shall constitute a separate
offense hereunder and each day upon which such a violation occurs shall
constitute a separate offense.
(Ord.
2038, passed 10-23-2006)
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CHAPTER 134: DRUG OFFENSES
Section
134.01 Possession
of cannabis prohibited
§ 134.01
POSSESSION OF CANNABIS PROHIBITED.
(A) It
shall be unlawful for any person to possess 2.5 grams or less of any substance
containing cannabis.
(B) CANNABIS
includes marijuana, hashish and other substances which are identified as
including any parts of the plant Cannabis
Sativa, whether growing or not; the seeds thereof, the resin extracted from
any part of such plant; and any compound, manufacture, salt, derivative,
mixture, preparation of such plant, its seeds, or resin, including
tetrahydrocannabinol (THC) and all other cannabinol derivatives, including its
naturally occurring or synthetically produced ingredients, whether produced
directly or indirectly by extraction, or independently by means of chemical
synthesis or by a combination of extraction and chemical synthesis; but shall
not include the mature stalks of such plant, fiber produced from such stalks,
oil or cake made from the seed of such plant, and other compound, manufacture,
salt, derivative, mixture, or preparation of such mature stalks (except the
resin extracted therefrom), fiber, oil or cake, or the sterilized seed of such
plant which is incapable of germination.
(C) Any
person found guilty of violating this section shall be fined not less than
$350, and not more than $750 for each violation offense.
(D) In
the event that any provision of this section shall be declared invalid, the
invalidity of said
provision
shall not affect the remainder of the provisions of this section.
(Ord.
2147, passed 10-20-2008)
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