[Added 5-9-1994 by Ord. No. 94-15]
A.
For purposes of this section, "graffiti" shall be defined as any
sign, symbol, marking, drawing, name, initial, word, diagram, sketch,
picture or letter placed, without the express, written permission
of the owner, upon the real or personal property of such owner.
B.
Graffiti in public view is hereby declared to be a nuisance as set
forth in the ordinances of the Village and subject to the provisions
of Village ordinances regarding nuisances and abatement thereof.
C.
It shall be unlawful for any person to place graffiti upon the real
or personal, public or private property of another.
D.
It shall be unlawful for the owner and/or occupant of fixed real
or personal property which is in public view to place or give permission
for the placement of any graffiti on such property without having
first obtained a properly issued sign permit.
E.
It shall be unlawful for any person to possess, while in any public building or public facility or while on private property, a spray paint container, paint, ink, marking pen which contained a non-water-soluble fluid, brush, applicator, or any other material for marking, scratching or etching with the intent to use such material in violation of Subsection C or D of this section.
A.
LEGAL GUARDIAN
MINOR
For the purpose of this section, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning:
A person appointed guardian or given custody of a minor by
a Circuit Court of the state but does not include a person appointed
guardian or given custody of a minor under the state Juvenile Court
Act of 1987.
A person who is above the age of 11 years but not yet 19
years of age.
B.
The parent or legal guardian of an unemancipated minor who resides
with such parent or legal guardian is liable for actual damages for
the wilful or malicious acts of such minor which cause injury to a
person or property.
C.
No recovery under this section may exceed $1,000 actual damages for
each person or legal entity for each occurrence of such wilful or
malicious acts by the minor causing injury, in addition to taxable
court costs. In determining the damages to be allowed in an action
under this article for personal injury, only medical, dental and hospital
expenses and expenses for treatment by Christian Science practitioners
and nursing care appropriate thereto may be considered.
D.
This section shall not affect the recovery of damages in any other
cause of action where the liability of the parent or legal guardian
is predicated on a common law or statutory basis.
[Amended 6-9-2014 by Ord.
No. 14-19]
A.
A peace officer, after having identified himself or herself as a
peace officer, may stop any person in a public place for a reasonable
period of time when the officer reasonably infers from the circumstances
that the person is committing, is about to commit, or has committed
any offense. Once stopped, the officer may demand the name and address
of the person and an explanation of his or her actions. Such detention
and temporary questioning will be conducted in the vicinity of where
the person was stopped.
B.
When a peace officer has stopped a person for temporary questioning pursuant to Subsection A of this section and the officer reasonably suspects that he, she or another officer is in danger of attack, he or she may search the person for weapons. If an officer discovers a weapon, he or she may take it until the completion of the questioning, at which time he or she shall return the weapon, if lawfully possessed, or arrest the person so questioned.
[1]
Editor's Note: Former § 132-38, Gang signs prohibited,
was repealed 6-9-2014 by Ord. No. 14-19.
A.
COURSE OR PATTERN OF CRIMINAL ACTIVITY
(1)
(2)
(3)
GANG or STREET GANG
GANG-RELATED ACTIVITIES
For the purpose of this section, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning:
Two or more gang-related criminal offenses when:
One or more of the offenses was committed after the effective
date of this article;
The offenses were committed within five years of each other;
and
At least one offense involved the solicitation to commit, conspiracy
to commit, or commission of any offense defined as a felony or forcible
felony under the state Criminal Code.
Any combination, confederation, alliance, or understanding
in law or in fact that, through its members or through the agency
of any member and at the direction, order or request of any member
who is a leader or other authority, engages in a course or pattern
of criminal activity.
Those activities which are conducted with the intent to increase
the gang's size or dominance, or with the intent to provide the gang
with an advantage in the criminal market section, or with the intent
to obstruct justice, or with the intent to otherwise directly or indirectly
cause any benefit or gain to or for the gang.
B.
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 with the purpose of recruiting others for membership
in a street gang or for participation in gang-related activities.
A.
Nuisance. Any building or dwelling used in the commission of offenses
prohibited by ILCS Ch. 720, Act 5, § 9-1, 10-1, 10-2, 11-14,
11-20.1, 11-21, 11-22, 12-5.1, 16-1, 20-2, 24-1(a)(7), 24-3, 28-3,
or 31-5, or prohibited by the Controlled Substances Act,[2] or prohibited by the Cannabis Regulation and Tax Act[3] or Compassionate Use of Medical Cannabis Program Act,[4] or used in the commission of an inchoate offense relative to any of the aforesaid principal offenses, or used to engage in gang-related activities within the meaning of § 132-39A is a public nuisance.
[Amended 7-27-2016 by Ord. No. 16-16; 12-11-2019 by Ord. No. 19-47]
B.
Abatement.
(1)
The Village may, after 30 days and within 90 days of giving the Attorney
General and the State's Attorney of Grundy County written notice by
certified or registered mail of the fact that a public nuisance as
described in this section exists, commence an action to abate such
nuisance in accordance with the procedures delineated below, provided
that the Attorney General or the State's Attorney of Grundy County
has not already commenced a similar action.
(2)
The Village may commence an action to abate the public nuisance in the Circuit Court of Grundy County. Upon being satisfied by affidavits or other sworn evidence that an alleged public nuisance exists, the court may, without notice or bond, enter a temporary restraining or preliminary injunction to enjoin any defendant from maintaining such nuisance and may enter an order restraining any defendant from removing or interfering with all property used in connection with the public nuisance. If during the proceedings or hearings upon the merits, which shall be in the manner of the Controlled Substance and Cannabis Nuisance Act, being ILCS Ch. 740, Act 40, § 1 et seq., the existence of the nuisance is established and it is found that such nuisance was maintained with the intentional, knowing, or reckless permission of the owner or agent of the owner managing the building, the court shall enter an order restraining all persons from maintaining or allowing such nuisance for a period of six months thereafter, except that an owner, lessee or other occupant thereof may use such place if the owner shall give bond with sufficient security or surety approved by the court, in an amount between $1,000 and $5,000 inclusive, payable to the Village, and including a condition that no offense specified in Subsection A of this section shall be committed at, in or upon the property described and a condition that the principal obligor and surety assume responsibility for any fine, costs or damages resulting from such an offense thereafter.
A.
It shall be a violation of this section for a person to loiter in
a public place in a manner and under circumstances manifesting the
purpose of illegally using, possessing, transferring or selling any
cannabis or controlled substance except as authorized by the Cannabis
Regulation and Tax Act[1] or Compassionate Use of Medical Cannabis Program Act.[2] Among the circumstances which may be considered in determining
whether such a purpose is manifested are:
[Amended 12-11-2019 by Ord. No. 19-47]
(1)
The person is a known illegal user, possessor, or seller of cannabis
or controlled substances except as authorized by the Cannabis Regulation
and Tax Act or Compassionate Use of Medical Cannabis Program Act,
or the person is loitering in a place frequented by persons who are
known to illegally use, possess, transfer, or sell cannabis or controlled
substances except as authorized by the Cannabis Regulation and Tax
Act or Compassionate Use of Medical Cannabis Program Act; and
(2)
The person repeatedly attempts to stop or engage in conversation
with passersby, whether such passersby are on foot or in a motor vehicle
or other form of transportation, for the purposes of inducing, enticing,
soliciting, or procuring another to illegally possess, transfer, or
buy any cannabis or controlled substances except as authorized by
the Cannabis Regulation and Tax Act or Compassionate Use of Medical
Cannabis Program Act; or
(3)
The person repeatedly passes to or receives from passersby who are
on foot or in a motor vehicle or other form of transportation, money,
objects or written material for the purposes of inducing, enticing,
soliciting or procuring another to illegally possess, transfer or
buy any cannabis or controlled substances except as authorized by
the Cannabis Regulation and Tax Act or Compassionate Use of Medical
Cannabis Program Act.
B.
A person shall not have violated this section unless he or she demonstrates,
expressly or implicitly, a specific intent to induce, entice, solicit,
or procure another to illegally possess, transfer or buy cannabis
in a manner unauthorized by the Cannabis Regulation and Tax Act or
Compassionate Use of Medical Cannabis Program Act, or a controlled
substance.
[Amended 12-11-2019 by Ord. No. 19-47]
C.
A peace officer may not arrest a person for violation of this section
unless the peace officer first offers the person an opportunity to
explain his or her conduct.
D.
For the purposes of this section, a "known illegal user, possessor,
or seller of controlled substances" is a person who, within one year
previous to the date of arrest for violation of this section, has
within the knowledge of the arresting officer been convicted of illegally
manufacturing, using, possessing, selling, purchasing, or delivering
any controlled substance.
[Amended 6-9-2014 by Ord.
No. 14-21]
A.
Prohibition. It shall be a violation of this section for any person
under the age of 18 who is subject to the compulsory attendance requirements
of the Illinois School Code and enrolled in a public, private (including
a home school), or parochial school to absent himself or herself from
attendance at such school during the hours in which he or she is enrolled,
including summer school, without "valid cause," as such term is defined
in Section 26-2a of the Illinois School Code, 105 ILCS 5/26-2a, or
without the permission of his or her legal guardian or parent. "Valid
cause" shall be deemed to include emergency or unforeseen absences
due to reasonable cause beyond the control of the person so absenting
himself or herself from school without the permission of his or her
parent or legal guardian where such permission is obtained from the
parent or legal guardian and submitted in writing to the proper school
authorities within 24 hours of such absence. Such timely written permission
shall constitute a defense to this subsection.
B.
Student/Parental responsibility.
(2)
It is unlawful for any person having care or custody of a child under the age of 13 who is subject to compulsory school attendance as required by the Illinois School Code to prevent such child from violating Subsection A. As such, where truancy is committed by a child 12 years of age or younger, the parent(s) or custodian(s) of the violator shall be shall be subject to the penalties set forth in Subsection C.
C.
Penalty. The penalty for a violation of Subsection A shall be as follows:
(1)
Fine: $25 for the first violation during a school year, $50 for the
second violation during a school year, and $100 for all subsequent
violations during a school year.
(2)
Community service. In addition or in the alternative to any fine issued pursuant to the preceding subsection, any person found liable for a violation of Subsection A may be sentenced to community service.
(3)
Separate offenses. Each day or portion of each day that a person
is truant shall constitute a separate offense.
D.
Procedure for initial contact and documentation.
(1)
Upon encountering a school-aged individual outside of school during
school hours, a police officer or truant officer shall:
(a)
Question such individual in order to determine whether the individual
has violated this section and verify truancy with the school via radio,
telephone, or personal visit;
(b)
Upon reasonably ascertaining that such individual has violated
this section, seize the individual and return him or her to the proper
authority at the school;
(c)
Complete a truancy report containing the following information:
full name, date of birth, address, telephone number, parent's or guardian's
name, workplace phone number, and school attended; and
(d)
Forward a copy of the report to juvenile investigations and
the truant office of Grundy County.
(2)
A juvenile officer shall review the report and compete or update
an applicable juvenile contact card. Further, a school representative
or county truant officer may file a report of truancy directly with
a juvenile officer in cases of frequent truancy that is not documented
by police reports.
E.
Procedure for chronic truants. A chronic truant, as that term is
defined in Section 26-2a of the Illinois School Code, 105 ILCS 5/26-2a,
shall submit to a student and parent conference with either a juvenile
officer, county truant officer or school representative at the request
of same. The following disposition of "staffing" may result:
