The following definitions shall apply in the interpretation
and enforcement of this Article 1:
ABANDONED VEHICLE
A vehicle that: (a) is in a state of disrepair rendering
the vehicle incapable of being driven in its condition; (b) has not
been moved or used for seven consecutive days or more and, if on private
property, is apparently deserted; or (c) has been left on the public
way without state registration plates or a temporary state registration
placard for at least 48 hours.
[Amended 7-20-2021 by Ord. No. 2021-3537]
BUILDING
Any structure, vehicle, railway car, aircraft or watercraft
used for lodging, business or industry.
CREDIT CARD
Any instrument or device, whether incomplete, revoked or
expired, whether known as a credit card, debit card, gift card, credit
plate, charge plate, courtesy card, or by any other name, issued with
or without fee for the use of the cardholder in obtaining money, goods,
services or anything else of value, including satisfaction of a debt
or the payment of a check drawn by a cardholder, either on credit
or in consideration of an undertaking or guaranty by the issuer.
DAMAGE
An injury or harm to property sufficient to lower its value
or involving significant inconvenience or loss of efficiency.
DECEPTION
Occurs when a person knowingly:
(A)
Creates or confirms another's false impression which the person
does not believe to be true; or
(B)
Fails to correct another's false impression which the person
previously has created or confirmed; or
(C)
Prevents another from acquiring information material to the
disposition of the property involved; or
(D)
Transfers or encumbers property without disclosing a lien, adverse
claim, or other legal impediment to the enjoyment of the property,
whether that impediment is or is not valid, or is or is not a matter
of official record; or
(E)
Promises performance which the person does not intend to perform
or knows will not be performed; or
(F)
Uses a credit card without authorization or which he or she
knows to be stolen, forged, revoked or canceled.
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The term "deception" does not include falsity as to matters
having no pecuniary significance.
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ENTER OR REMAIN UNLAWFULLY
An unlicensed, uninvited or otherwise unprivileged entry
into or remaining in or upon premises. A person who, regardless of
his or her intent, enters or remains in or upon premises which are
at the time open to the public does so with license and privilege
unless he or she defies a lawful order not to enter or remain, personally
communicated to him or her by the owner of the premises or some other
authorized person. A license or privilege to enter or remain in a
public building which is only partly open to the public is not a license
or privilege to enter or remain in that part of the building which
is not open to the public.
INOPERABLE MOTOR VEHICLE
Any motor vehicle from which, for a period of at least seven
days, the engine, wheels or other parts have been removed, or on which
the engine, wheels or other parts have been altered, damaged, or otherwise
so treated that the vehicle is incapable of being driven under its
own motor power. "Inoperable motor vehicle" shall not include a motor
vehicle which has been rendered temporarily incapable of being driven
under its own power in order to perform ordinary service or repair
operations nor to any motor vehicles that are kept within a building
when not in use, to historic vehicles over 25 years of age, or to
a motor vehicle on the premises of a place of business engaged in
wrecking or junking of motor vehicles.
OBTAIN
(A)
In relation to property, to bring about a transfer or purported
transfer to the obtainer or another of a legally recognized interest
in the property; or
(B)
In relation to labor or service, to secure performance thereof
for the benefit of the obtainer or another.
OBTAIN OR EXERT UNAUTHORIZED CONTROL OVER PROPERTY
Includes, but is not necessarily limited to, conduct heretofore
defined or known as "common law larceny by trespassory taking," "common
law larceny by trick," "larceny by conversion, embezzlement, extortion,
or obtaining property by false pretenses."
OWNER
Any person, other than the violator, who has possession of
or any other interest in the property involved, and without whose
consent the person has no authority to exert control over the property.
PERMANENTLY TO DEPRIVE
(A)
To withhold property or cause it to be withheld from a person
permanently or for so extended a period or under such circumstances
that the major portion of its economic value, or of the use and benefit
of such property, is lost to him; or
(B)
To dispose of the property so as to make it unlikely that the
owner will recover it; or
(C)
To retain the property with intent to restore it to the owner
only if the owner purchases or leases it back, or pays a reward or
other compensation for its return; or
(D)
To encumber, sell, give, pledge, or otherwise transfer any interest
in the property.
PROPERTY
Any money, credit card, personal property, real property,
thing in action, evidence of debt or contract, public record, or article
of value of any kind.
RECEIVING
Includes, but is not limited to, acquiring title, possession,
control, or a security interest in the property.
SERVICE
Includes, but is not limited to, labor, professional service,
transportation service, the supplying of hotel accommodations, restaurant
services, entertainment, the supplying of equipment for use, and the
supplying of commodities of a public utility nature, such as gas,
electricity, steam and water.
STEAL
(A)
To knowingly obtain or exert unauthorized control over the property
of another with intent permanently to deprive him or her of such property;
or
(B)
To knowingly obtain by deception control over property of another
with intent permanently to deprive him or her of such property.
STOLEN
Obtained by theft, robbery, extortion, or appropriating lost
or misdelivered property.
STREET or HIGHWAY
The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the
public for purposes of vehicular travel.
THREAT
To communicate, directly or indirectly, the intent:
(A)
To cause bodily injury in the future to another; or
(B)
To cause damage to property of another; or
(C)
To subject another person to physical confinement or restraint;
or
(D)
To accuse another person of a crime or cause criminal charges
to be instituted against another person; or
(E)
To expose a secret or publicize an asserted fact, whether true
or false, tending to subject another person to hatred, contempt or
ridicule; or
(F)
To reveal significant information sought to be concealed by
the person threatened; or
(G)
To testify or provide information or withhold testimony or information
with respect to another's legal claim or defense; or
(H)
To take wrongful action as an official against anyone or anything,
or wrongfully withhold official action, or cause such action or withholding;
or
(I)
To do any other act which is intended to harm substantially
any person with respect to his or her health, safety, business, financial
condition, or personal relationships.
VEHICLE
A machine propelled by power other than human power designed
to travel along the ground by use of wheels, treads, runners, or slides
and transport persons or property or pull machinery and shall include,
without limitation, automobile, truck, trailer, motorcycle, tractor,
buggy and wagon.
[Amended 4-19-2016 by Ord. No. 2016-3205; 7-20-2021 by Ord. No. 2021-3537]
(A) It
shall be unlawful for any person to abandon any vehicle within the
Village, and no person shall leave any vehicle at any place within
the Village for such time and under such circumstances as to cause
such vehicle reasonably to appear to have been abandoned. A vehicle
or any part thereof so abandoned on public property may be immediately
removed by the Village Police Department. A vehicle or any part therefof
so abandoned on private property may be authorized for removal by
the Village Police Department after a waiting period of seven days
or more has expired.
(B) Whenever any vehicle has been abandoned in violation of this Section
17-1-2, the person in whose name the vehicle has last been registered will be prima facie responsible for the violation and subject to the penalty set forth in the Annual Fee Resolution. Each day a vehicle remains abandoned constitutes a separate
and distinct offense for which a separate penalty may be imposed.
The last registered owner of an abandoned vehicle is also liable to
the Village for the towing and storage charges and the costs of postage
for notices and costs of collection.
It shall be unlawful for any person to kill or wound, or attempt
to kill or wound, by use of a firearm, slingshot, bow and arrow or
otherwise, any animal other than vermin or an animal which is causing
imminent danger to the health of a person or of property.
It shall be unlawful for any person to appropriate lost or misdelivered
property if a person obtains or exerts control over the property of
another which the person knows to have been lost or mislaid, or to
have been delivered under a mistake as to the identity of the recipient
or as to the nature or amount of the property, and the person fails
to take reasonable measures to discover and notify the owner.
As used in this Section
17-1-4, "reasonable measures" include, but are not necessarily limited to, notifying the identified owner or any peace officer.
It shall be unlawful for any person to negligently or willfully
injure, destroy or deface any building, vehicle, equipment, bridge,
crossing, sidewalk, lamp, lamppost or other property of the Village.
It shall be unlawful for any person to willfully and maliciously
tear down, mutilate or deface or render in part or in whole illegible
any poster, notice or handbill lawfully posted in the Village.
It shall be unlawful for any person to negligently or willfully
injure, destroy or deface the property of another person.
Any person who violates this Section
17-1-7 shall be subject to a fine not to exceed the amount set forth in the Annual Fee Resolution.
It shall be unlawful for any person to intentionally obtain
property or services of another by threat.
In any prosecution under this Section
17-1-8 based on a threat to accuse any person of a crime or to cause criminal charges to be instituted against any person, it is an affirmative defense that the person reasonably believed the threatened criminal charge to be true and that his or her sole purpose was to compel or induce the person threatened to take reasonable action to make good the wrong which was the subject of such threatened criminal charge.
It shall be unlawful for any person to receive or posses stolen
property if a person knowingly receives, retains, or disposes of property.
The fact that the person who stole or possesses the property
has not been convicted, apprehended, or identified is not a defense
to a charge of receiving stolen property.
It shall be unlawful for any person to intentionally cause a
fire or explosion and thereby recklessly place property of another
in danger of destruction or damage.
It shall be unlawful for any person to knowingly enter or remain unlawfully in or upon the premises of another. Any of the following acts by any person shall be deemed included among those that constitute trespasses, and appropriate action may be taken to prevent or suppress any violation of this Section
17-1-12, the aforesaid enumerated acts so included, being as follows:
(A) An entry upon the premises, or any part thereof, of another, including
any public property in violation of a notice posted or exhibited at
said premises, or at any point of approach or entry or in violation
of any notice, warning or protest given orally or in writing, by any
owner or occupant thereof.
(B) The pursuit of a course of conduct or action incidental to the making
of an entry upon the land of another in violation of a notice posted
or exhibited at the main entrance to said premises or at any point
of approach or entry, or in violation of any notice, warning or protest
given orally or in writing by any owner or occupant thereof.
(C) A failure or refusal to depart from the premises of another in case
of being requested, either orally or in writing, to leave by any owner
or occupant thereof.
(D) An entry into or upon any vehicle, aircraft or watercraft made without
the consent of the person having the right to the possession or control
thereof, or a failure or refusal to leave any such vehicle, aircraft
or watercraft after being requested to leave by the person having
such right.
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In any prosecution under this Section 17-1-12, it is an affirmative defense that the person reasonably believes that:
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(1)
The premises involved at the time were open to members of the
public and the person complied with all lawful conditions imposed
in access to or remaining on the premises; or
(2)
The owner of the premises, or other person empowered to license
access thereto, would have licensed him or her to enter or remain.
It shall be unlawful for any person to:
(A) Take, operate, or exercise control over a motor vehicle for which
the person does not have the consent of the owner to so act.
(B) Ride in a vehicle which the person knows has been unlawfully obtained.
(C) Have custody of a motor vehicle pursuant to an agreement between
himself or another and the owner thereof whereby he or she or another
is to perform for compensation a specific service for the owner, involving
the maintenance, repair or use or storage of such vehicle, which he
or she intentionally uses or operates, without the consent of the
owner, for his or her own purposes in a manner constituting a gross
deviation from the agreed purpose.
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.
It shall be unlawful to throw, kick or knock any ball, stones
or other hard substances, or play ball or engage in any sport or exercise
upon any public street or place so as to endanger persons or property,
obstruct or impede traffic, or endanger the comfort, convenience,
health or safety of others within the Village.