[Amended 7-27-2016 by Ord. No. 16-16]
A. Any person of the age of 17 years and upwards who performs any of
the following acts in a public place commits a public indecency:
(1) An act of sexual penetration or sexual conduct; or
(2) A lewd exposure of the body done with intent to arouse or to satisfy
the sexual desire of the person.
B. Definition. For purposes of this section, "public place" is any place
where the conduct may reasonably be expected to be viewed by others.
C. Breast-feeding of infants is not an act of public indecency.
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(ILCS Ch. 720, Act 5, § 11-30)
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[Amended 7-27-2016 by Ord. No. 16-16]
A. Elements of the offense. A person commits obscenity when, with knowledge
of the nature or content thereof, or recklessly failing to exercise
reasonable inspection which would have disclosed the nature or content
thereof, he or she:
(1) Sells, delivers, or provides, or offers or agrees to sell, deliver,
or provide any obscene writing, picture, record, or other representation
or embodiment of the obscene;
(2) Presents or directs an obscene play, dance or other performance or
participates directly in that portion thereof which makes it obscene;
(3) Publishes, exhibits, or otherwise makes available anything obscene;
(4) Performs an obscene act or otherwise presents an obscene exhibition
of his or her body for gain;
(5) Creates, buys, procures, or possesses obscene matter or material
with intent to disseminate it in violation of this section, or of
the penal laws or regulations of any other jurisdiction; or
(6) Advertises or otherwise promotes the sale of material represented
or held out by him or her to be obscene, whether or not it is obscene.
B. Obscene defined. Any material or performance is obscene if:
(1) The average person, applying contemporary adult community standards,
would find that, taken as a whole, it appeals to the prurient interest;
(2) The average person, applying contemporary adult community standards,
would find that it depicts or describes, in a patently offensive way,
ultimate sexual acts or sadomasochistic sexual acts, whether normal
or perverted, actual or simulated, or masturbation, excretory functions,
or lewd exhibition of the genitals; and
(3) Taken as a whole, it lacks serious literary, artistic, political,
or scientific value.
C. Interpretation of evidence.
(1) Obscenity shall be judged with reference to ordinary adults, except
that it shall be judged with reference to children or other specially
susceptible audiences if it appears from the character of the material
or the circumstances of its dissemination to be specially designed
for or directed to such an audience.
(2) Where circumstances of production, presentation, sale, dissemination,
distribution, or publicity indicate that material is being commercially
exploited for the sake of its prurient appeal, such evidence is probative
with respect to the nature of the matter and can justify the conclusion
that the matter is lacking in serious literary, artistic, political,
or scientific value.
(3) In any prosecution for an offense under this section, evidence shall
be admissible to show:
(a)
The character of the audience for which the material was designed
or to which it was directed;
(b)
What the predominant appeal of the material would be for ordinary
adults or a special audience, and what effect, if any, it would probably
have on the behavior of such people;
(c)
The artistic, literary, scientific, educational, or other merits
of the material, or absence thereof;
(d)
The degree, if any, of public acceptance of the material in
this state;
(e)
Appeal to prurient interest, or absence thereof, in advertising
or other promotion of the material;
(f)
Purpose of the author, creator, publisher, or disseminator.
D. Prima facie evidence. The creation, purchase, procurement, or possession
of a mold, engraved plate, or other embodiment of obscenity specially
adapted for reproducing multiple copies, or the possession of more
than three copies of obscene material shall be prima facie evidence
of an intent to disseminate.
E. Affirmative defenses. It shall be an affirmative defense to obscenity
that the dissemination:
(1) Was not for gain and was made to personal associates other than children
under 18 years of age;
(2) Was to institutions or individuals having scientific or other special
justification for possession of such material.
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(ILCS Ch. 720, Act 5, § 11-20)
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[Amended 7-27-2016 by Ord. No. 16-16]
It shall be unlawful for any person to approach or solicit any
person or offer herself or himself to any person for immoral purposes
upon any public street or in any other public place in the Village.
It shall be unlawful for any person to keep or use or be in
any way connected with the management, either as owner, trainer, spectator,
or employee, or in any other capacity, of any place kept or used for
the fighting, training, or baiting of any dog, cock, or other animal;
or to permit such place to be kept or used on premises owned, rented,
or controlled by him or her; or to frequent or be found therein for
the purpose of witnessing or betting upon such fighting or baiting
within the Village.
[Amended 7-27-2016 by Ord. No. 16-16; 9-14-2016 by Ord. No. 16-23; 12-11-2019 by Ord. No. 19-47]
A. Personal
use of cannabis.
(1) Beginning
January 1, 2020, except as otherwise provided in the Cannabis Regulation
and Tax Act (the "Act"), the following acts are prohibited in the Village:
(a) Possession, consumption, use, purchase, obtaining, or transporting an amount of cannabis for personal use that exceeds the possession limit under Section
10-10 of the Act or otherwise not in accordance with the requirements of
the Act;
(b) Cultivation of cannabis for personal use not in accordance with the
requirements of the Act; and
(c) Controlling property if actions that are authorized by the Act occur
on the property not in accordance with the Act.
(2) Except
as otherwise provided in the Cannabis Regulation and Tax Act, it is
unlawful for any person knowingly to possess cannabis.
(3) Except
as otherwise provided in the Cannabis Regulation and Tax Act, it is
unlawful for any person knowingly to manufacture, deliver, or possess
with intent to deliver, or manufacture, cannabis.
B. Personal
use of cannabis; restrictions on cultivation; penalties.
(1) Any
person other than a registered qualifying patient under the Compassionate
Use of Medical Cannabis Program Act who cultivates cannabis plants is liable for penalties
provided by this section.
(2) Any registered qualifying patient under the Compassionate Use of Medical Cannabis Program Act who: a) cultivates cannabis plants in violation of Section
10-5 of the Cannabis Regulation and Tax Act; b) cultivates more than the allowable number of cannabis plants; or c) sells or gives away cannabis plants, cannabis, or cannabis-infused products produced under Section
10-5 of the Cannabis Regulation and Tax Act is liable for penalties as provided by this section.
C. Persons
under 21 years of age.
(1) The
transfer of cannabis, with or without remuneration, to a person under
21 years of age, or allowing a person under 21 years of age to purchase,
possess, use, process, transport, grow, or consume cannabis except
where authorized by the Compassionate Use of Medical Cannabis Pilot
Program Act or by the Community College Cannabis Vocational Pilot
Program is prohibited.
(2) It
is unlawful for any person under 21 years of age knowingly to possess
cannabis, except under provisions of law authorizing the possession
of medical cannabis.
(3) It
is unlawful for any parent or guardian to knowingly permit his or
her residence, any other private property under his or her control,
or any vehicle, conveyance, or watercraft under his or her control
to be used by an invitee of the parent's child or the guardian' s
ward, if the invitee is under the age of 21, in a manner that constitutes
a violation of this section. A parent or guardian is deemed to have
knowingly permitted his or her residence, any other private property
under his or her control, or any vehicle, conveyance, or watercraft
under his or her control to be used in violation of this section if
he or she knowingly authorizes or permits consumption of cannabis
by underage invitees. In this subsection, where the residence or other
property has an owner and a tenant or lessee, the trier of fact may
infer that the residence or other property is occupied only by the
tenant or lessee.
D. Prohibited
conduct.
(1) No
person may engage in the following conduct:
(a) Possessing cannabis:
[1] In a school bus, unless permitted for a qualifying patient or caregiver
pursuant to the Compassionate Use of Medical Cannabis Program Act;
[2] On the grounds of any preschool or primary or secondary school, unless
permitted for a qualifying patient or caregiver pursuant to the Compassionate
Use of Medical Cannabis Program Act;
[3] In any correctional facility;
[4] In a vehicle not open to the public unless the cannabis is in a reasonably
secured, sealed container and reasonably inaccessible while the vehicle
is moving; or
[5] In a private residence that is used at any time to provide licensed
child care or other similar social service care on the premises;
(b) Using cannabis:
[1] In a school bus, unless permitted for a qualifying patient or caregiver
pursuant to the Compassionate Use of Medical Cannabis Program Act;
[2] On the grounds of any preschool or primary or secondary school, unless
permitted for a qualifying patient or caregiver pursuant to the Compassionate
Use of Medical Cannabis Program Act;
[3] In any correctional facility;
[5] In a private residence that is used at any time to provide licensed
child care or other similar social service care on the premises;
[7] Knowingly in close physical proximity to anyone under 21 years of
age who is not a registered medical cannabis patient under the Compassionate
Use of Medical Cannabis Program Act;
(c) Smoking cannabis in any place where smoking is prohibited under the
Smoke Free Illinois Act;
(d) Operating, navigating, or being in actual physical control of any
motor vehicle, aircraft, or motorboat while using or under the influence
of cannabis in violation of Section 11-501 or 11-502.1 of the Illinois
Vehicle Code;
(e) Facilitating the use of cannabis by any person who is not allowed
to use cannabis under this section or the Compassionate Use of Medical
Cannabis Pilot Program Act;
(f) Transferring cannabis to any person contrary to the Act or the Compassionate
Use of Medical Cannabis Program Act;
(g) The use of cannabis by a law enforcement officer, corrections officer,
probation officer, or firefighter while on duty; or
(h) The use of cannabis by a person who has a school bus permit or a
commercial driver's license while on duty.
As used in this section, "public place" means any place where
a person could reasonably be expected to be observed by others. "Public
place" includes all parts of buildings, owned in whole or in part,
or leased, by the state or a unit of local government. "Public place"
does not include a private residence unless the private residence
is used to provide licensed child care, foster care, or other similar
social service care on the premises.
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E. Cannabis
waste.
(1) Any
recyclable waste generated by a cultivator for personal use must be
recycled per applicable state and local laws, ordinances, and rules.
(2) Any
cultivator for personal use must store, secure, and manage all recyclables
and waste, including organic waste composed of or containing finished
cannabis and cannabis products, in accordance with applicable state
and local laws, ordinances, and rules.
(3) Cannabis
and cannabis-infused product waste must be destroyed by rendering
it unusable following the methods set forth in this section. The allowable
method to render cannabis waste unusable is by grinding and incorporating
the cannabis waste with other ground materials so the resulting mixture
is at least 50% noncannabis waste by volume. Material used to grind
with the cannabis falls into two categories: compostable waste and
noncompostable waste.
(a) Compostable mixed waste. Cannabis waste to be disposed as compost
feedstock or in another organic waste method (for example, anaerobic
digester) may be mixed with the following types of waste materials:
[3] Other approved wastes (e.g., agricultural material, biodegradable
products and paper, clean wood, fruits and vegetables, plant matter).
(b) Noncompostable mixed waste. Cannabis waste to be disposed in a landfill
or by another disposal method may be mixed with the following types
of waste materials:
[5] Other approved wastes (e.g., nonrecyclable plastic, broken glass,
leather).
(4) Cannabis
waste rendered unusable following the methods described in this section
can be disposed of. Disposal of the cannabis waste rendered unusable
may be delivered to a permitted solid waste facility for final disposition.
Examples of acceptable permitted solid waste facilities include:
(a) Compostable mixed waste: compost, anaerobic digester or other facility
with approval of the jurisdictional Health Department.
(b) Noncompostable mixed waste: landfill, incinerator or other facility
with approval of the jurisdictional Health Department.
F. Cannabis
advertising.
(1) No
cannabis business establishment nor any other person or entity shall
engage in advertising that contains any statement or illustration
that:
(b) Promotes overconsumption of cannabis or cannabis products;
(c) Depicts the actual consumption of cannabis or cannabis products;
(d) Depicts a person under 21 years of age consuming cannabis;
(e) Makes any health, medicinal, or therapeutic claims about cannabis
or cannabis-infused products;
(f) Includes the image of a cannabis leaf or bud; or
(g) Includes any image designed or likely to appeal to minors, including
cartoons, toys, animals, or children, or any other likeness to images,
characters, or phrases that is designed in any manner to be appealing
to or encourage consumption by persons under 21 years of age.
(2) No
cannabis business establishment or any other person or entity shall
place or maintain, or cause to be placed or maintained, an advertisement
of cannabis or a cannabis-infused product in any form or through any
medium:
(a) Within 1,000 feet of the perimeter of school grounds, a playground,
a recreation center or facility, a child-care center, a public park
or public library, or a game arcade to which admission is not restricted
to persons 21 years of age or older;
(b) On or in a public transit vehicle or public transit shelter;
(c) On or in publicly owned or publicly operated property; or
(d) That contains information that:
[2] Promotes excessive consumption;
[3] Depicts a person under 21 years of age consuming cannabis;
[4] Includes the image of a cannabis leaf; or
[5] Includes any image designed or likely to appeal to minors, including
cartoons, toys, animals, or children; or any other likeness to images,
characters, or phrases that are popularly used to advertise to children,
or any imitation of candy packaging or labeling, or that promotes
consumption of cannabis.
(3) Subsection
F(1) and
(2) do not apply to an educational message.
(4) Sales
promotions. No cannabis business establishment nor any other person
or entity may encourage the sale of cannabis or cannabis products
by giving away cannabis or cannabis products, by conducting games
or competitions related to the consumption of cannabis or cannabis
products, or by providing promotional materials or activities of a
manner or type that would be appealing to children.
G. Preemption.
(1) This
section should not be construed to regulate or license the activities
described in the Cannabis Regulations and Tax Act, except as otherwise
provided in the Act.
(2) This
section should not be construed to regulate the activities described
in paragraphs (1), (2), or (3) of Section 55-25 of the Cannabis Regulation
and Tax Act in a manner more restrictive than the regulation of those
activities by the state under the Act.
(3) In
the event of a conflict between this section and the Act and its administrative
rules, the Act and its rules will prevail.
H. Penalties.
(1) Except as otherwise provided, any person who shall violate this §
134-7 or any of its subsections shall, on conviction thereof, be punished by a fine of $250 upon conviction for the first violation, $500 for a second conviction within one year of the initial violation and $750 for the third and each subsequent conviction stemming from a violation within one year of the initial violation.
(2) Violation of Subsection
E or
F shall, on conviction thereof, be punished by a fine of $750. The Village may also abate violations of Subsection
E or
F as public nuisances following written notice to the violator and may seek injunctive relief.
(3) Each
day any violation of any provision of this code or any ordinance continues
shall constitute a separate offense, and a separate fine shall be
assessed for each day, or part thereof, that the violation continues.
[Added 9-14-2016 by Ord.
No. 16-23; amended 12-11-2019 by Ord. No. 19-47]
A. For the purpose of this section, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning:
CANNABIS
Shall have the meaning ascribed to it in §
134-7 of the Village Code, as though fully set forth herein.
CONTROLLED SUBSTANCE
Shall have the meaning ascribed to it in Section 2(b) of
the Drug Paraphernalia Control Act, 720 ILCS 600/2(b), as amended.
DELIVER or DELIVERY
Shall have the meaning ascribed to it in Section 2(c) of
the Drug Paraphernalia Control Act, 720 ILCS 600/2(c), as amended.
DRUG PARAPHERNALIA
Shall have the meaning ascribed to it in Section 2(d) of
the Drug Paraphernalia Control Act, 720 ILCS 600/2(d), as amended.
B. Unlawful possession of drug paraphernalia:
(1) It shall be unlawful for a person who knowingly possesses 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. This prohibition shall not apply to a person who is legally
authorized to possess hypodermic syringes or needles under the Hypodermic
Syringes and Needles Act or anyone who is in lawful possession of paraphernalia
as an authorized cardholder in accordance with the Compassionate Use
of Medical Cannabis Program Act, 410 ILCS 130/1 et seq., or a successor
statute or to the use of cannabis authorized by the Cannabis Regulation
and Tax Act.
(2) In determining intent under Subsection
B(1), the trier of fact may take into consideration, in addition to all other logically relevant factors, the proximity of the controlled substances to drug paraphernalia or the presence of a controlled substance on the drug paraphernalia, statements by any person in control of the object concerning its use, direct or circumstantial evidence of the intent of any person in control of the object, and the existence and scope of legitimate uses for the object.
C. If a person is convicted of violating §
134-8B(1) in connection with possession of a cannabis-related paraphernalia other than as authorized under the Cannabis Regulation and Tax Act and Compassionate Use of Medical Cannabis Program Act, then such person shall be fined in an amount not less than $100 and not more than $200 for each such violation.
D. If a person is convicted of violating §
134-8B(1) in connection with possession of paraphernalia related to a controlled substance other than cannabis, then such person shall be fined $750 for each such violation.
E. In addition to the fines established by this section, violation of §
134-8D or
E by a person or entity with a Village-issued business license may result in the suspension or revocation of any permit or license issued to the person for the premises on which the violation occurred.
F. Each day
any violation of any provision of this code or any ordinance continues
shall constitute a separate offense, and a separate fine shall be
assessed for each day, or part thereof, that the violation continues.
G. Section
134-8 does not apply to:
(1) 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.
(2) 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. Items
exempt under this subsection include, but are not limited to, garden
hoes, rakes, sickles, baggies, tobacco pipes, and cigarette rolling
papers.
(3) Items listed in the definitions in Subsection
A which are 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.
(4) A person who is legally authorized to possess hypodermic syringes
or needles under the Hypodermic Syringes and Needles Act.
(5) Items
used in connection with the lawful use of cannabis authorized by the
Cannabis Regulation and Tax Act and Compassionate Use of Medical Cannabis
Program Act.
H. Manufacture,
sale or delivery of drug paraphernalia. Except as otherwise provided
in 410 ILCS 130/ 1 et seq., it is unlawful for any person to manufacture,
sell, offer for sale, display, furnish, deliver, or possess with intent
to deliver drug paraphernalia, knowing, or under circumstances where
one reasonably should know, that it will be used to plant, propagate,
cultivate, grow, harvest, manufacture, compound, convert, produce,
process, prepare, test, analyze, pack, repack, store, contain, conceal,
inject, ingest, inhale, or otherwise introduce into the human body
a controlled substance in violation of 720 ILCS 570/100 et seq. The
prohibition contained in this subsection shall not apply to conduct
related to drug paraphernalia used or intended for use in connection
with cannabis as authorized by the Cannabis Regulation and Tax Act
and Compassionate Use of Medical Cannabis Program Act.
I. Advertisement
of drug paraphernalia. Except as otherwise provided in 410 ILCS 130/1
et seq., it is unlawful for any person to place in any newspaper,
magazine, handbill, or other publication any advertisement, knowing,
or under circumstances where one reasonably should know, that the
purpose of the advertisement, in whole or in part, is to promote the
sale of objects designed or intended for use as drug paraphernalia.
The prohibition contained in this subsection shall not apply to advertising
in connection with the use of cannabis authorized by the Cannabis
Regulation and Tax Act and Compassionate Use of Medical Cannabis Program
Act.
J. Penalties.
(1) In addition to the fines established by this section, violation of §
134-8H or
I by a person or entity with a Village-issued business license may result in the suspension or revocation of any permit or license issued to the person for the premises on which the violation occurred.
(2) Each
day any violation of any provision of this code or any ordinance continues
shall constitute a separate offense, and a separate fine shall be
assessed for each day, or part thereof, that the violation continues.
[Added 1-25-2023 by Ord. No. 23-02]
Any person who is defined as a sex offender or a sexual predator
in the Illinois Sex Offender Registration Act, 730 ILCS 150/1 et seq.
and who is required to register by Section 3 of that Act shall register
with the Village Police Department in the manner specified in the
Act and in accordance with the procedures established by the Department.
Such person shall pay to the Police Department a $100 initial registration
fee and a $100 annual renewal fee or such other fee set by the Act,
if amended.
[Added 7-27-2016 by Ord.
No. 16-16]
Whoever violates any provisions of this chapter for which no other penalty is specified shall be subject to the penalty set forth in §
10-99 of the Code.