It shall be unlawful for any person to provoke a breach of the
peace or use any violent, threatening, profane or indecent language
to the disturbance of any person, or to use any threatening, reproaching
or abusive language to or concerning any person tending to provoke
a breach of the peace.
It shall be unlawful for any person to fire or discharge on
any street, public parkway, public alley or other public place or
way within the Village, or out of doors of any place within the Village
within 1,000 feet of any such public way any air gun or air pistol,
spring gun or spring pistol or other device, which is calculated or
intended to propel or project a bullet, pellet, arrow or similar projectile.
Weapons used in violation of this Section
17-3-2 shall be forfeited to and confiscated by the Village.
It shall be unlawful for any person except a peace officer or
any officer of any court whose duty it may be to serve warrants or
make arrests, to discharge any firearm within the corporate limits
of the Village, except within a totally enclosed building licensed
by the Village to permit the discharge of firearms therein.
It shall be unlawful for any person to knowingly:
(A) Do any act in such unreasonable manner as to provoke, make or aid
in making a breach of peace.
(B) Do or make any unreasonable or offensive act, utterance, gesture
or display which, under the circumstances, creates a clear and present
danger of a breach of peace or imminent threat of violence.
(C) Refuse or fail to cease and desist any peaceful conduct or activity
likely to produce a breach of peace where there is an imminent threat
of violence, and where the police have made all reasonable efforts
to protect the otherwise peaceful conduct and activity, and have requested
that said conduct and activity be stopped and explained if there be
time.
(D) Fail to obey a lawful order of dispersal by a person known by him
or her to be a peace officer under circumstances where three or more
persons are committing acts of disorderly conduct in the immediate
vicinity, which acts are likely to cause substantial harm or serious
inconvenience, annoyance or alarm.
(E) Assemble with three or more persons for the purpose of using force
or violence to disturb the public peace.
(F) Appear in any public place manifestly under the influence of narcotics
or other drug, not therapeutically administered, to the degree that
he or she may endanger himself or other persons or property, or annoy
persons in his or her vicinity.
(G) Carry in a threatening or menacing manner any firearm, dagger, razor,
knife, stiletto, knuckles, slingshot, Taser, Oleoresin Capsicun spray,
baton, an object containing noxious or deleterious liquid, gas or
substance or other dangerous weapon, or to conceal said weapon on
or about the person or in a vehicle.
(H) While on public or private grounds adjacent to any building in which
a school or any class thereof is in session, to willfully make or
assist in the making of any noise or diversion which disturbs or tends
to disturb the peace or good order of such school session or class
thereof.
It shall be unlawful for any person willfully, maliciously,
intentionally or unnecessarily to disturb 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 or for any person to threaten, swear or utter
any obscene or vulgar or indecent language in the presence of another.
It shall be unlawful for any person to willfully interrupt or
disturb any school or other assembly of people met for a lawful purpose
and no person shall, by menace, profane swearing, vulgar language
or any disorderly or unusual conduct, interrupt or disturb an assembly
of people met for the worship of God.
A person is guilty of disruption of school activities if he
or she comes into or remains in any school building, classroom, or
upon any school ground, or street, sidewalk, or public way adjacent
thereto, without lawful reason, and intentionally causes substantial
disruption of the activities of the school.
It shall be unlawful for any person to:
(A) Be drunk or be in a state of intoxication in any street, avenue or
public place or in any private house or place to the disturbance of
any person.
(B) To drink any alcoholic liquor as defined by law on any public way
or in or about any motor vehicle upon a public way in the Village.
(C) To transport, carry, possess or have any alcoholic liquor within
the passenger area of any motor vehicle except in the original package
and with the seal unbroken.
It shall be unlawful for any person to willfully make or send
in any alarm or call for emergency fire, police or ambulance service
unless there is sufficient cause therefor.
It shall be unlawful for any person to instigate, cause or procure
any dogfight, prizefight, cockfight or any public or private fighting.
It shall be unlawful for any person to loiter, loaf, wander,
stand or remain idle, whether alone and/or in consort with others,
in a public place in such manner so as to:
(A) Obstruct any public street, public highway, public sidewalk, public
parking lot, or any other public place or building by hindering or
impeding or tending to hinder or impede the free and uninterrupted
passage of vehicles, traffic or pedestrians.
(B) Commit in or upon any public street, public highway, public sidewalk,
public parking lot, or any other public place or building any act
or thing which is an obstruction or interference to the free and interrupted
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, public parking lot, or any other public
place or building, all of which prevents the free and uninterrupted
ingress, egress, and regress, therein, thereon and thereto.
The following acts, conduct and conditions are hereby declared
and defined to be nuisances, and when committed, performed or permitted
to exist by any individual, firm, association or corporation within
the territorial limits of the Village, are hereby declared to be unlawful
and prohibited:
(A) Any act or offense which is a nuisance according to the common law
of the state, or declared or defined to be a "nuisance" by the ordinances
of the Village. In addition, the officials of the Village shall be
authorized to abate any nuisance which while not specifically defined
within this Article 3 shall constitute the unreasonable, unwarrantable,
or unlawful use by a person of property real or personal or from his
or her own improperly, indecent or unlawful personal conduct which
works an obstruction or injury to a right of another or of the public,
and produces such material annoyance, inconvenience, discomfort, or
hurt that the law will presume an actionable nuisance. Nuisances may
be abated which are public or which are both public and private in
nature.
(B) To cause or suffer the carcass of any animal or any offal, filth
or noisome substance to be collected, deposited or to remain in any
place under his or her ownership or control to the prejudice of others.
(C) To throw or deposit any offal or other offensive matter, or the carcass
of any dead animal in any watercourse, lake, pond, spring, well or
common sewer, street or public highway.
(D) To corrupt or render unwholesome or impure the water of any spring,
river, stream, pond or lake, to the injury or prejudice of others.
(E) To obstruct or encroach upon public highways, private ways, streets,
alleys, commons, landing places and ways to burying places.
(F) To erect, continue or use any building or other place for the exercise
of any trade, employment or manufacture, which, by occasioning noxious
exhalations, offensive smells or otherwise, is offensive or dangerous
to the health of individuals, or of the public.
(G) To advertise wares or occupation by painting notices of the same
on, or affixing them to fences, walls, windows, building exteriors,
utility poles, or on hydrants, other public or private property, or
on rocks or other natural objects, without the consent of the owner,
or if in the highway or other public place, without permission of
the proper authorities.
(H) To harass, intimidate or threaten any person who is about to sell
or lease or has sold or leased a residence or other real property
or is about to buy or lease or has bought or leased a residence or
other real property, when the harassment, intimidation or threat relates
to a person's attempt to sell, buy or lease a residence, or other
real property, or refers to a person's sale, purchase or lease of
a residence or other real property.
(I) To dump, abandon, deposit, dismantle or burn upon any public property
or right-of-way, highway, park, street or parkway anywhere in the
Village any trash, garbage, ashes, junk, junked or wrecked motor vehicles
or parts thereof, or miscellaneous waste.
(J) To store, keep, or maintain outside of a closed building, any junk,
parts, machinery or equipment not in an operable condition, or motor
vehicle not in an operable condition, where such inoperable motor
vehicle is an actual danger or detriment to life, safety, health or
peaceful enjoyment of the property of surrounding landowners; provided,
however, that this provision shall not apply to a properly licensed
junkyard or other permitted outdoor storage use which is in full compliance
with all of the ordinances of the Village governing the same.
(K) To own, maintain or keep a dwelling unit unfit for human habitation,
or dangerous or detrimental to life, safety or health because of lack
of repair, defects in the plumbing system, lighting or ventilation,
the existence of contagious diseases or unsanitary conditions likely
to cause sickness among persons residing in said premises or residing
in proximity thereof.
(L) To store or place any materials in a manner which may harbor rats.
(M) To produce or permit to be produced, whether on public or private
property, any offensive noise to the disturbance of the peace or quiet
of any person residing in the vicinity.
(N) To dump, deposit or place any garbage, rubbish, trash, refuse or
construction waste upon real property owned by another without the
consent of the owner or person in possession of such real property.
(O) To dump, deposit or place any leaves, grass clippings, branches or
other yard waste material so as to obstruct or encroach upon public
highways, private ways, streets, alleys, commons and sidewalks.
(P) To allow a dead or diseased tree to remain erect, whether on public
or private property, in a manner which may be dangerous or detrimental
to life and safety of persons residing on the premises or residing
in proximity thereof. All such trees shall be cut down and removed.
(Q) To install, erect, or construct an incinerator anywhere within the
Village, or to use any existing incinerator within the Village.
(R) To allow to be used any real property as a "short-term rental property," as that term is defined in Section
2.02 of Chapter
15 of this Code, in violation of Chapter
15 of this Code.
[Added 9-15-2020 by Ord. No. 2020-3488]
(S) To abandon any vehicle in the Village in violation of Section
17-1-2 of this Code.
[Added 7-20-2021 by Ord. No. 2021-3537]
(T) To make an unscheduled bus stop of an intercity bus, in violation of Section
7-2-36 of this Code.
[Added 1-16-2024 by Ord. No. 2024-3749]
Any officer of the Village possessing police powers may serve
or cause to be served a notice, in writing, upon the owner, agent,
occupant or person in possession, charge or control of any lot, building
or premises or item of personalty in or upon which any nuisance may
be found, or who may be the owner or cause of any nuisance, requiring
them, or either or both of them, to abate the same within a specified
reasonable time, in such manner as the notice shall direct.
If the person so served and notified does not abate the nuisance
within the specified reasonable time, the corporate authorities may
proceed to abate the nuisance in any or all manner allowable by law,
including, without limiting the generality thereof, the following:
(A) Seeking to impose a penalty pursuant to Chapter
18 of this Code or, for nuisances related to the use of property as a short-term rental property, one or both of the following penalties:
[Amended 9-15-2020 by Ord. No. 2020-3488]
(1) A fine, imposed upon one or both of the owner and operator of the
property, in the amount set forth in the Annual Fee Resolution; and
(2) Incarceration seeking to impose a penalty of incarceration in a penal
institution upon the operator of the short-term rental property for
a period not to exceed six months.
(B) Seeking to enjoin the continuation of the nuisance by the filing
of a lawsuit in a court of competent jurisdiction.
Whenever, in the opinion of an officer of the Village possessing
police powers, the maintenance or continuation of a nuisance creates
an imminent threat of serious injury to persons or serious damage
to persons or real property, or if the nuisance can be abated summarily
without or with only minor damage to the items or premises which are
creating the nuisance, and the continuation of the nuisance poses
a substantial threat of injury to persons or property or a substantial
interference with the quiet enjoyment of life normally present in
the community, such officer shall proceed to abate such nuisance;
provided, further, that whenever the owner, occupant, agent or person
in possession, charge or control of the real or personal property
which has become a nuisance is unknown or cannot readily be found,
the municipal officer with police power may proceed to abate such
nuisance without notice. Where the abatement of nuisance requires
continuing acts by the corporate authorities beyond the initial summary
abatement and any other additional emergency abatements, it shall
seek abatement of such nuisance on a permanent basis through judicial
process as soon as reasonably possible.
It shall be unlawful for any person to cross fire or police
lines without specific permission to do so from a fire fighter, police
officer or other officer of the Village who can be later identified
by the person.
It shall be unlawful for any person to rescue or attempt to
rescue any person from the custody of any municipal officer. No person
shall aid, abet or encourage the rescue or escape from prison of any
person legally committed thereto or shall supply, or attempt to supply,
any such person with any weapon or intoxicating liquors or with any
implement or means of escape while in prison or in the legal custody
of any municipal officer.
It shall be unlawful for any person to:
(A) Sell, manufacture, purchase, possess or carry any bludgeon, blackjack,
slingshot, sand club, sandbag, metal knuckles or any knife; commonly
referred to as a "switchblade knife," which has a blade that opens
automatically by hand pressure applied to a button, spring or other
device in the handle of the knife.
(B) Carry or possess with intent to use the same unlawfully against another,
a dagger, dirk, billy, dangerous knife, razor, stiletto, broken bottle
or any other dangerous or deadly weapon or instrument of like character.
(C) Carry on or about his or her person or in any vehicle, a tear gas
gun projector, Taser, bomb, or any object containing noxious liquid
gas or substance.
(D) Carry any firearm that is concealed in any vehicle or concealed on
or about his or her person except when on his or her land or in his
or her own abode or fixed place of business.
(F) Possess any device or attachment of any kind designed, used or intended
for use in silencing the report of any firearm.
(G) Sell, manufacture, purchase, possess or carry any weapon from which
eight or more shots or bullets may be discharged by a single function
of the firing device, any shotgun with a barrel less than 18 inches
in length, or any bomb, bombshell, grenade, bottle or other container
containing an explosive substance, such as, but not limited to, black
powder bombs and Molotov cocktails.
(H) Carry or possess any firearm or other deadly weapon in any place
which is licensed to sell intoxicating beverages, or at any public
gathering held pursuant to a license issued by the Village or any
public gathering at which an admission is charged, excluding a place
where a showing, demonstration or lecture involving the exhibition
of unloaded firearms is conducted.
(I) Carry or possess in a vehicle or on or about his or her person any
pistol, revolver or firearm when he or she is hooded, robed or masked
in such a manner as to conceal his or her identity.
(J) Carry or possess in a vehicle or on or about his or her person within
the corporate limits of the Village, except when on his or her land
or in his or her own abode or fixed place of business any loaded pistol,
revolver or other firearm.
[Amended 5-15-2012 by Ord. No. 2012-3002]
(A) Wherever the following words or phrases are used, they shall, for purposes of this Section
17-3-18, have the meanings ascribed to them in this Section
17-3-18(A), except when the context otherwise indicates:
CANNABIS
Shall have the same meaning as defined in the Illinois Cannabis
Control Act, 720 ILCS 550/3, as may be amended.
DRUG PARAPHERNALIA
Shall have the same meaning as defined in the Illinois Drug
Paraphernalia Control Act, 720 ILCS 600/2, as may be amended.
(B) Cannabis prohibited.
[Amended 10-5-2016 by Ord. No. 2016-3229; 1-7-2020 by Ord. No. 2020-3441]
(1)
Prohibition. It shall be unlawful for any person to grow, possess,
sell, give away, barter, deliver, exchange, distribute, consume, use,
purchase, obtain, transport, or administer any cannabis within the
Village, except in compliance with the Cannabis Regulation and Tax
Act, 410 ILCS 705/1 et seq, or the Compassionate Use of Medical Cannabis
Program Act, 410 ILCS 130/1 et seq., as each may be amended, including
without limitation that the use of cannabis in public is expressly
prohibited.
(2)
Enforcement; penalty.
(a)
For violations of this Section
17-3-18 the Police Department shall issue a citation for violating this Section
17-3-18(B) and prosecute the alleged violator under applicable law, except in extraordinary circumstances as determined by the Chief of Police.
(b)
Any person found liable for a violation of this Section
17-3-18 shall be subject to a fine in the amount set forth in the Annual Fee Resolution for each offense.
(C) Drug paraphernalia prohibited.
(1)
It shall be 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.
(3)
It shall be unlawful for any person to 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, or in preparing cannabis or a controlled substance for
that use.
(4)
(a)
Items used in the preparation, compounding, packaging, labeling,
or other use of cannabis or a controlled substance as an incident
to lawful research, teaching, or chemical analysis, and not for sale.
(b)
Items historically and customarily used in connection with the
planting, propagating, cultivating, growing, harvesting, manufacturing,
compounding, converting, producing, processing, preparing, testing,
analyzing, packaging, repackaging, storing, containing, concealing,
injecting, ingesting, or inhaling of tobacco or any other lawful substance,
including, without limitation, garden hoes, rakes, sickles, baggies,
tobacco pipes, and cigarette-rolling papers.
(c)
Items used for decorative purposes when such items have been
rendered completely inoperable or incapable of being used for any
illicit purpose prohibited by this section.
(d)
Items used solely for the authorized consumption of cannabis
pursuant to the Cannabis Regulation and Tax Act, 410 ILCS 705/1 or
the Compassionate Use of Medical Cannabis Program Act, 410 ILCS 130/1
et seq.
[Added 10-5-2016 by Ord.
No. 2016-3229; 1-7-2020 by Ord. No. 2020-3441]
(5)
In determining whether or not a particular item is exempt under
Section 17-3-18(D)(4) of this Code, the trier of fact should consider,
in addition to all other logically relevant factors, the following:
(a)
The general, usual, customary, and historical use to which the
item involved has been put;
(b)
Expert evidence concerning the ordinary or customary use of
the item and the effect of any peculiarity in the design or engineering
of the device upon its functioning;
(c)
Any written instructions accompanying the delivery of the item
concerning the purposes or uses to which the item can or may be put;
(d)
Any oral instructions provided by the seller of the item at
the time and place of sale or commercial delivery;
(e)
Any national or local advertising concerning the design, purpose
or use of the item involved, and the entire context in which such
advertising occurs:
(f)
The manner, place and circumstances in which the item was displayed
for sale, as well as any item or items displayed for sale or otherwise
exhibited upon the premises where the sale was made;
(g)
Whether the owner or anyone in control of the item is a legitimate
supplier of like or related items to the community, such as a licensed
distributor or dealer of tobacco products; and
(h)
The existence and scope of legitimate uses for the object in
the community.
(A) Definitions. For the purposes of this Section
17-3-19, the following terms, words and their derivations shall have the following meanings:
CRIMINAL ACTS
The intentional commission of an act or acts which violate
the statutes of the State of Illinois or this Code.
LEGAL GUARDIAN
Any foster parent or any person appointed guardian or otherwise
awarded custody of a minor by a court of law in this state, or any
person appointed guardian or given custody of a minor under the Illinois
Juvenile Court Act, but shall not include any person appointed guardian only
of the estate of a minor.
MINOR
Any juvenile under the age of 18.
PARENT
The father or mother of a minor child, whether by birth or adoption. The word "parent", as used in this Section
17-3-19, shall also be deemed to mean legal guardian. In the event that the minor's parents are divorced or separated within the meaning of the Illinois Marriage and Dissolution of Marriage Act, the parent having lawful physical custody of the minor shall be deemed to be the parent authorized to give consent as required by this Section
17-3-19.
VALID CAUSE
For absence means illness, observance of a religious holiday,
death in the immediate family, family emergency and other situations
beyond the control of the minor as determined by the Board of Education
in each district, or such other circumstances which cause reasonable
concern to a parent for the health or safety of the minor.
(B) Prohibited. It shall be unlawful for any person under the age of 18 who is either a resident of the Village or is a student at a school located within the Village to absent himself or herself from attendance at school during such period when school is in session, without parental permission or valid cause. For purposes of this Section
17-3-19(B), 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: (1) permission for such absence has substantially been obtained from the parent or lawful guardian and submitted in writing to the proper school authorities within 24 hours after such absence.
(C) A police officer may stop and detain a person whom the officer reasonably
suspects to be violating this section for a reasonable time for the
purpose of verifying the person's identity, age, school enrollment
and authority to be absent from school. The police officer shall immediately
inform the person of the reason for the detention and that he or she
will be released upon verification of authorization to be absent from
school. The person shall not be removed from the scene of the investigatory
detention unless he or she refuses to provide the officer with the
necessary information.
(D) Parental responsibility. It shall be unlawful for a parent or legal guardian to permit his or her minor child or ward to violate this Section
17-3-19.
(E) Parental neglect. It shall be unlawful for a resident of the Village,
as a parent of the minor residing with said parent, to fail to exercise
reasonable parental control which results in the minor being convicted
of the commission of criminal acts as herein defined, or allow the
minor to become delinquent in accordance with the juvenile court act
as defined by the statues of the State of Illinois.
(F) Notice of child arrest. Whenever a minor shall be arrested or detained for the commission of any criminal act within the Village, the Police Department shall immediately notify the parent of such minor and advise the parent of such arrest or detention, the reason therefor and his or her responsibility under this Section
17-3-19. A record of such notification shall be kept by the Lincolnwood Police Department.
(G) Penalty.
(1)
Any person, who shall absent himself or herself from school
attendance without valid cause or parental permission as provided
herein shall be guilty of the offense of truancy, and upon conviction,
shall be subject to a fine in the amount set forth in the Annual Fee
Resolution for each offense. Each day that such person shall absent
himself from school attendance shall constitute a separate offense.
(2)
Any person found guilty of parental neglect shall be subject
to a fine in the amount set forth in the Annual Fee Resolution for
each offense.
[Added 5-15-2012 by Ord. No. 2012-3001]
(A) Definitions. For purposes of this Section
17-3-20, the following terms, words and their derivations shall have the following meanings:
BUSINESS ESTABLISHMENT
Any privately owned place of business to which the public
is invited, including, without limitation, any place of amusement
or entertainment.
EMERGENCY
An unforeseen combination of circumstances or the resulting
state that calls for immediate action. "Emergency" may include, without
limitation, a fire, a natural disaster, an automobile accident, or
any situation requiring immediate action to prevent serious bodily
injury or loss of life.
HOURS OF CURFEW
Between 11:30 p.m. on Fridays and 6:00 a.m. on the following
Saturdays; between 11:30 p.m. on Saturdays and 6:00 a.m. on the following
Sundays; and between 10:30 p.m. on Sundays through Thursdays, and
6:00 a.m. on the following day.
LEGAL GUARDIAN
Any foster parent or any person appointed guardian or otherwise
awarded custody of a minor by a court of law in this state, or any
person appointed guardian or given custody of a minor under the Illinois
Juvenile Court Act. "Legal guardian" shall not include any person appointed
only as the guardian of the estate of a minor.
MINOR
Any person under the age of 17.
OPERATOR
Any individual, firm, association, partnership, or corporation
operating, managing, or conducting any business establishment, including,
without limitation: i) the members or partners of an association or
partnership; and ii) the officers of a corporation.
PARENT
The father or mother of a minor child, whether by birth or
adoption. The word "parent" as used in this section shall also be
deemed to mean legal guardian. In the event that the minor's parents
are divorced or separated within the meaning of the Illinois Marriage
and Dissolution of Marriage Act, the parent having lawful physical custody of the minor shall be deemed to be the parent authorized to give consent as required by this Section
17-3-20.
PUBLIC PLACE
Any place to which the public or a substantial group of the
public has access and includes, but is not limited to, streets, highways,
parks, and the common areas of schools, hospitals, apartment houses,
office buildings, transport facilities, and shops.
REMAIN
To linger or stay, or to fail to leave a premises when requested
to do so by a police officer or the owner, operator, or other person
in control of the premises.
SERIOUS BODY INJURY
Bodily injury that creates a substantial risk of death or
that causes death, serious permanent disfigurement, or protracted
loss or impairment of the function of any part of the body.
(B) Minors prohibited from public places and business establishments.
(1)
It shall be unlawful for a minor to be present or remain at
or upon any public place or on the premises of a business establishment
during the hours of curfew.
(2)
It shall be unlawful for a parent, legal guardian or other person in the custody or control of a minor to permit the minor to violate this Section
17-3-20(B).
(3)
It shall be unlawful for the owner, operator, or any employee of a business establishment to knowingly allow a minor to be present or linger upon the premises of the business establishment in violation of this Section
17-3-20(B). It is a defense to prosecution under this Section
17-3-20(B)(3) if the owner, operator, or employee of the business establishment promptly notifies the Village Police Department that a minor: a) is present on the premises of the business establishment during the hours of curfew; and b) refuses to leave such premises.
(C) Defenses. It is a defense to prosecution under Section
17-3-20(B) of this Code if:
(1)
The minor is accompanied by the minor's parent, legal guardian,
or a sibling or step-sibling who is at least 18 years of age;
(2)
The minor is accompanied by a person who is at least 18 years
of age and the minor has the permission of the minor's parent or legal
guardian to be accompanied by that person;
(3)
The minor is participating in, or going to or returning from
one of the following in a timely manner:
(b)
A recreational activity organized, operated or sponsored by
an elementary, middle or high school;
(c)
A religious event or activity;
(d)
An emergency involving the protection of a person from an imminent
threat of serious bodily injury or substantial damage;
(e)
An activity involving the exercise of the minor's rights protected
under the First Amendment of the United States Constitution or Article
1, Sections 3, 4 and 5 of the Constitution of the State of Illinois;
or
(f)
An activity conducted by a nonprofit or governmental entity
that provides recreation, education, training or other care under
the supervision of one or more persons who are at least 18 years of
age;
(4)
The minor is in a motor vehicle involved in interstate travel;
or
(5)
The minor is married, had been married, or is an emancipated
minor under the Emancipation of Minors Act, as amended.
[Added 2-18-2014 by Ord. No. 2014-3083]
(A) Definitions. For purposes of this Section
17-3-21, the following words or phrases have the meanings ascribed to them in this Section
17-3-21(A), except when the context otherwise indicates:
E-CIGARETTE
An electronic device that typically includes a mouthpiece,
a heating element or atomizer, a battery, and electronic circuits;
provides a gas derived from a liquid that includes nicotine, propylene
glycol, or similar substance and perhaps other substances; and is
inhaled by a user in a manner that simulates or resembles smoking.
The term "e-cigarette" includes all manner of these devices, regardless
of the details of a device’s appearance or marketed name, that
are manufactured to resemble a cigarette, cigar, pipe, or other smoking
device. The term "e-cigarette" includes the cartridges and component
parts of an e-cigarette, individually or in any combination.
RETAIL TOBACCO STORE
Has the meaning set forth in Section 10 of the Smoke Free
Illinois Act.
[Added 1-21-2020 by Ord.
No. 2020-3447]
SMOKE
Has the meaning set forth in Section 10 of the Illinois Smoke
Free Illinois Act.
[Amended 1-21-2020 by Ord. No. 2020-3447]
SMOKE FREE ILLINOIS ACT
The Smoke Free Illinois Act, 410 ILCS 82/1 et seq., as may
be amended.
[Added 1-21-2020 by Ord.
No. 2020-3447]
(B) Prohibition.
No person may smoke, or use an e-cigarette, within:
(1) Any public park located in, and operated by, the Village;
(2) Any right-of-way that is regularly used for bicycle or pedestrian
traffic but that is not regularly used by motor vehicles; or
(3)
Any place in the Village within which smoking is prohibited
pursuant to the Smoke Free Illinois Act; provided, however, that a
person may use e-cigarettes within retail tobacco stores for the sole
purpose of product sampling.
[Added 1-21-2020 by Ord.
No. 2020-3447]
[Added 11-16-2021 by Ord. No. 2021-3574]
It shall be unlawful for any person to: a) resist any sworn
member of the Police Department in the discharge of their duties;
b) in any way interfere with or prevent them in the discharge of their
duty; c) offer or in any manner assist any person in the custody of
any member of the police force to escape or attempt to escape from
such custody; or d) attempt to rescue any person in such custody.