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.
The term "deception" does not include falsity as to matters having no pecuniary significance.
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.
PREMISES
A building or real 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.[1] 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.
[1]
Editor’s Note: See Ch. A25, Fees.
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.[1]
[1]
Editor's Note: See Ch. A25, Fees.
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 to:
(A) 
Steal: steal the property of another.
(B) 
Avoid payment: by deception or by other means to avoid payment for services or intentionally obtain services which the person knows to be available only for compensation.
(C) 
Divert services: have control over the disposition of services of others to which the person is not entitled and such person knowingly diverts those services to his or her own benefit or to the benefit of another not entitled thereto.
(D) 
Offense of retail theft. A person commits the offense of retail theft when he or she knowingly:
(1) 
(a) 
Takes possession of, carries away, transfers or causes to be carried away or transferred, any merchandise displayed, held, stored or offered for 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
(b) 
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
(c) 
Transfers any merchandise displayed, held, stored or offered for sale, in a retail mercantile establishment from the container in or on 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
(d) 
Under-rings with the intention of depriving the merchant of the full retail value of the merchandise; or
(e) 
Removes a shopping cart from the premises of a retail merchandise 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; or
(f) 
Represents to a merchant that he or she or another is the lawful owner of property, knowing that such representation is false, and conveys or attempts to convey that property to a merchant who is the owner of the property in exchange for money, merchandise credit or other property of the merchant; or
(g) 
Uses or possesses any theft detection shielding device or theft detection device remover with the intention of using such device to deprive the merchant permanently of the possession, use or benefit of any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment without paying the full retail value of such merchandise; or
(h) 
If any person:
(i) 
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
(ii) 
Removes that merchandise beyond the last known station for receiving payment 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.
(2) 
Any person who violates any provision of this Section 17-1-11(D) shall be subject to a fine not to exceed the amount set forth in the Annual Fee Resolution.[1]
[1]
Editor's Note: See Ch. A25, Fees.
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.
In any prosecution under this Section 17-1-12, it is an affirmative defense that the person reasonably believes that:
(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.