CHAPTER 131

OFFENSES AGAINST PUBLIC ORDER

 

131.01   Disorderly conduct

131.02   Disorderly houses

131.03   Disturbing elections

131.04   Disturbing religious worship

131.05   Disturbing lawful assemblies

131.06   Unlawful assemblies

131.07   Curfew

131.08   Truancy

131.09   Throwing missiles prohibited

131.10    Loitering

131.11    (Repealed Ord. 2431)

131.12    Loitering for the purpose of engaging in drug-related activity

 

131.99    Penalty

 

§ 131.01  DISORDERLY CONDUCT.

  1. Disorderly conduct prohibited. It shall be unlawful for any person, firm, or corporation, to be guilty of disorderly conduct within the limits of the city, or upon any property owned by the city.

  2. Elements of the offense.  A person, firm, or corporation commits disorderly conduct when he knowingly:

  1. Does any act in such unreasonable manner as to alarm or disturb another and to provoke a breach of the peace;

  2. With intent to annoy another, makes a telephone call, whether or not conversation thereby ensues;

  3. Transmits in any manner to the Fire Department of the municipality or any 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;

  4. Transmits in any manner to another a false alarm to 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 of such transmission that there is no reasonable ground for believing that such bomb or explosive is concealed in any such place;

  5. 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;

  6. 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;

  7. Throws or discards upon any public street, public sidewalk, public property, or upon the private property of another without the consent of the owner or tenant first being had, except in a container provided for the purpose, any paper, cartons, cans, bottles, garbage, refuse, trash, or junk; or

  8. Mars, injures, destroys, defaces, or aids in injuring, destroying, or defacing any public or private property; or mars, injures, destroys, or defaces or causes to be marred, destroyed, injured or defaced any bridge, fence, tree, street sign, awning, lamp post, electric light post, or apparatus or any other property, not belonging to the person so offending, whether public or private.

(Ord. 1061, passed 7-17-72) Penalty, see § 131.99

 

§ 131.02  DISORDERLY HOUSES.

  1. No person owning or in possession, charge, or control of any building or premises shall use the same, or permit the use of the same, or rent the same to be used for any business or employment, or for any purpose of pleasure or recreation, if such use shall, from its boisterous nature, disturb or destroy the peace of the neighborhood in which such building or premises are situated, or be dangerous or detrimental to health. 

  2. Every common, ill governed, or disorderly house, room, or other premises, kept for the encouragement of idleness, gaming, drinking, fornication, or other misbehavior, is declared to be a public nuisance; and the keeper and all persons connected with the maintenance thereof, and all persons patronizing or frequenting the same shall be punished as provided in § 131.99. 

Penalty, see § 131.99

 

§ 131.03  DISTURBING ELECTIONS.

 

No person shall create any disturbance or be guilty of disorderly conduct at any election poll.

Penalty, see § 131.99

 

§ 131.04  DISTURBING RELIGIOUS WORSHIP.

 

No person shall disturb any congregation or assembly met for religious worship, by making a noise, or by rude and indecent behavior or profane discourse within their place of worship, or so near the same as to disturb the order and solemnity of the meeting.

Penalty, see § 131.99

 

§ 131.05  DISTURBING LAWFUL ASSEMBLIES.

 

No person shall disturb or disquiet any lawful assemblage or association of people, by any rude or indecent behavior, or by any disorderly conduct.

Penalty, see § 131.99

 

§ 131.06  UNLAWFUL ASSEMBLIES.

  1. It shall be unlawful for any two or more persons to assemble together for any unlawful purpose, or who, being assembled, to act in concert to do an unlawful act, with force and violence, against the property of the city, or the person or property of another, or against the peace or to the terror of citizens or other persons, or to make any movement or preparation thereof.

  2. It shall be unlawful for any person to knowingly suffer or permit any assemblage for the purpose of committing any unlawful act or breach of the peace, or any riotous, offensive, or disorderly conduct, in or upon premises owned or occupied by him, or under his control, within the city.

Penalty, see § 131.99

 

§ 131.07  CURFEW

  1. For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.

 

ESTABLISHMENT. Any privately owned place of business carried on for a profit or any place of amusement or entertainment to which the public is invited.

 

MINOR.  Any person less than seventeen (17) years of age.

 

OFFICIAL CITY TIME. Central Standard Time except from the last Sunday in April to the last Sunday in October, it shall be Central Daylight Saving Time.

 

OPERATOR. Any individual, firm, association, partnership, or corporation, operating, managing, or conducting any establishment, and whenever used in any clause prescribing a penalty the term OPERATOR as applied to associations or partnerships shall include the members or partners thereof and as applied to corporations, shall include the officers thereof.

 

PARENT.  Any natural parent of a minor, a guardian, or any adult person, twenty one (21) years of age or over, responsible for the care and custody of a minor.

 

PUBLIC PLACE. Any public street, highway, road, alley, park, playground, wharf, dock, public building, or vacant lot.

 

REMAIN. To loiter, idle, wander, stroll, or play ball in or upon. 

  1. Violating Curfew Prohibited.  It is unlawful for a person less than seventeen (17) years of age to be present at or upon any public assembly, building, place, street, or highway at the following times unless accompanied and supervised by a parent, legal guardian, or other responsible companion at least eighteen (18) years of age approved by a parent or legal guardian or unless engaged in a business or occupation which the laws of this state authorize a person less than seventeen (17) years of age to perform:

  1. Between 12:01 a.m. and 6:00 a.m. Saturday;

  2. Between 12:01 a.m. and 6:00 a.m. Sunday; and

  3. Between 11:00 p.m. on Sunday to Thursday, inclusive, and 6:00 a.m. on the following day.

  1. Defenses.  It shall be a defense to a violation under this section that the Minor engaged in the prohibited conduct while: 

  1. accompanied by the Minor’s parent, legal guardian, custodian, or by a sibling, stepbrother or stepsister who is at least 18 years of age; and

  2. participating in, going to, or returning from any of the following:

  1. employment which the laws of this state authorize a person less than 18 years of age to perform;

  2. a school recreational activity;

  3. a religious event or activity;

  4. an emergency involving the protection of a person or property from an imminent threat of serious bodily injury or substantial damage;

  5. an activity involving the exercise of the child’s rights protected under the First Amendment of the United States Constitution or Article 1, Sections 3, 4 or 5 of the Constitution of the State of Illinois, or both; or

  6. an activity conducted by a not-for-profit or governmental entity that provides recreation, education, training, or other care under the supervision of one (1) or more adult(s).

  1. Allowing Curfew Violation Prohibited.  It is unlawful for a parent, legal guardian, or other person to knowingly permit a person in his custody or control to violate this section. 

(Ord. 2572, passed 11-1-04)

 

§ 131.08  TRUANCY.

  1. It shall be unlawful for any person to be a truant within the corporate limits of the city.

  2. Definitions:  For the purpose of this §131.08, the following terms shall have the following meanings:

  1.  “Truant” means a child subject to compulsory school attendance and who is absent without Valid Cause from such attendance for a school day, or portion thereof.

  2. “Valid Cause” for the absence means illness, observance of a religious holiday, death in the immediate family, family emergency, and shall include such other circumstances which cause reasonable concern to the parent for the safety or health of the student.

  1. It shall be unlawful for any person, by any act or omission, to knowingly encourage or contribute to a violation of §131.08. It shall also be unlawful for any person, by threat, menace or intimidation, to prevent any child entitled to attend a public school from attending such school or any school sanctioned event, or to interfere with any child’s attendance at such school or school sanctioned event. 

  2. The penalty for violation of this §131.08(A) by any violator ten (10) years of age or order shall be a fine of $25 for a first offense, $50 for a second offense, and $100 for a third or subsequent offense. If the violator is under the age of ten (10), the parent or custodian of the violator shall be subject to the fine. Violations of this Section 131.08(A) may be enforced by the issuance of a “Notice of Violation” for the fine amount enumerated herein, or by issuance of a Notice to Appear. The penalty for violation of §131.08(C) shall be a fine of not less than one hundred dollars ($100) and not more than seven hundred and fifty dollars ($750) for each offense.

(Am. Ord. 1439, passed 1-7-85; Am. Ord. 1767, passed 1-4-93; Am. Ord. 2175, passed 3-1-99; Am. Ord. 2768. passed 2-18-08)

 

§ 131.09  THROWING MISSILES PROHIBITED.

 

No person shall purposely or heedlessly cast or throw any stone, brick, or other missile from or into any street or other public place, or at, against, or into any building, shade tree, or other property.

Penalty, see § 131.99

 

§ 131.10  LOITERING.

 

No person shall obstruct or encumber any street corner or other public place in the city by lounging in or about the same after being requested to move on by any police officer.

Penalty, see § 131.99

 

§ 131.11  ELECTRONIC PAGERS, PORTABLE TELEPHONES, AND CELLULAR TELEPHONES ON SCHOOL PROPERTY.

 

Repealed by Ordinance No. 2431, passed 2-3-2003

 

§ 131.12  LOITERING FOR THE PURPOSE OF ENGAGING IN DRUG-RELATED ACTIVITY.

  1. No persons shall loiter in or near any thoroughfare, place open to the public, or near any public or private place in a manner and under circumstances manifesting the purpose to engage in drug-related activity contrary to any of the provisions of the Illinois Cannabis Control Act (ILCS Ch. 720, Act 550 § 1 et. seq. (1992 III. Bar Ed.)), or the Illinois Controlled Substances Act (ILCS Ch. 720, Act 570, § 1 et. seq. (1992 Ill. Bar Ed.)).

  2. Among the circumstances which may be considered in determining whether such purpose is manifested are:

  1. Such person is a known unlawful drug user, possessor, or seller. For purposes of this chapter 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 controlled substance as defined in the Illinois Controlled Substances Act (ILCS Ch. 720, Act 570 § 1 et. seq. (1992 III.Bar Ed.)), or such person has been convicted of any violation of the provisions of this chapter or substantially similar laws of any political subdivision of this state or of any other state; or a person who displays personal characteristics of drug intoxication or usage, such as "needle tracks," burned or calloused thumb and index fingers, underweight, nervous, and excited behavior.

  2. Such person is currently subject to a court order prohibiting his presence in a high drug activity geographic area.

  3. Such person behaves in such a manner as to raise a reasonable suspicion that he or she is about to engage in or is then engaged in any unlawful drug-related activity, including, by way of example only, such person acting as a "lookout" or hailing or stopping cars.

  4. Such person is physically identified by the officer as a member of a "gang" or association which has as its purpose illegal drug activity.

  5. Such person transfers small objects or packages in a furtive fashion.

  6. Such person takes flight or manifestly endeavors to conceal himself upon the appearance of a police officer.

  7. Such person manifestly endeavors to conceal any object which reasonably could be involved in any unlawful drug-related activity.

  8. Such person possesses any instrument, article, or 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.

  9. The area involved is by public repute known to be an area of unlawful drug use and trafficking.

  10. The premises involved are known to the defendant to have been reported to law enforcement as a place of drug activity pursuant to the Illinois Controlled Substances Act (ILCS Ch. 720, Act 570 § 1 et. seq. (1992 III.Bar Ed.)).

  1. If any provision of this chapter is held invalid, such invalidity shall not affect any other provision, or the application thereof, which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.

  2. No person shall occupy, loiter, or remain in any building, apartment, store, automobile, boat, boat house, airplane, or other place of any description whatsoever where controlled substances, hypodermic syringes, needles, or other implements are sold, dispensed, furnished, given away, stored, or kept illegally, with the intent to unlawfully use or possess such substances, implements or instruments.

  3. Whoever shall violate the provisions of this section shall be fined not less than one hundred dollars ($100.00) and not more than five hundred dollars ($500.00) for each offense.

(Ord. 1882, passed 11-7-94)

 

§ 131.99  PENALTY.

  1. 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 ($750.00) for each offense.

  2. Whoever violates any provision of § 131.01 shall be fined not less than fifty dollars ($50.00) and not more than seven hundred and fifty dollars ($750.00) for each offense. 

  3. Whoever violates any provisions of § 131.07 shall be fined fifty dollars ($50.00) for a first offense, seventy five dollars ($75) for a second offense and one hundred dollars ($100) for a third offense, and not more than seven hundred and fifty dollars ($750) for all subsequent offenses. Violations of §131.07 may be enforced by issuance of a "Notice of Violation" for the fine amount enumerated herein, or by issuance of a Notice to Appear. 

(Ord. 852, passed 1-4-61; Am. Ord. 2767, passed 2-18-08)