A.
No person shall gamble or commit any act constituting gambling as
defined by state statutes.
B.
No person shall possess any gambling device or paraphernalia with
the intent to use the device or paraphernalia for an unlawful purpose;
and any gambling device or paraphernalia kept with that intent may
be confiscated by any member of the Police Department.
C.
No person shall maintain or patronize any establishment maintained
for a gambling house or resort.
D.
No person shall advertise any gambling house or gambling resort in
any street, alley, or other public place within the Village.
A.
No person shall maintain for the use of the public or patrons, or
permit the use in or on any premises where the sale of alcoholic liquor
at retail is permitted or in any store, restaurant, shopping place,
theater, parking lot, or any other public place in the Village:
(1)
Any mechanical pinball amusement device which is constructed
so that the result of its operation depends upon chance, or upon the
skill of the operator, or upon both; or
(2)
Any mechanical device that, in its operation, shoots or propels
an electric light, ray, or impulse to a target; or
(3)
Any table bowling shuffleboard or other mechanical table game
or amusement device involving the propulsion of spheres or other projectiles,
mechanically or by hand; or
(4)
Any coin-operated or coin-in-the-slot amusement device.
B.
This section shall not apply to bona fide clubs licensed to sell
alcoholic liquor to only members and their guests as provided by law.
No person shall, in any manner, expose the male or female genitals,
pubic area, or buttocks in any public place within the Village.
No person shall bathe in a nude condition in any public place
or in any place open to the public view.
A.
It shall be unlawful for anyone under the age of 21 years to purchase,
obtain, receive, accept, have in his or her possession or control,
sell, give, deliver, mix, dispense, serve, furnish, or consume alcoholic
liquor.
B.
Except as otherwise provided in § 141-1014H(2) of this
chapter, no person to whom the sale of alcoholic liquor is prohibited
because of his or her age shall consume or be found to have consumed
alcoholic liquor.
C.
Except as authorized by and in accordance with the requirements of the Compassionate Use of Medical Cannabis Program Act, 410 ILCS 130/1 et seq., it shall be unlawful for anyone under the age of 21 years to be under the influence of alcoholic liquor, cannabis (as defined in § 141-206), any controlled substance listed in the Illinois Controlled Substances Act (720 ILCS 570/100 et seq.), or any intoxicating compound listed under the Use of Intoxicating Compounds Act (720 ILCS 690/0.01 et seq.). A person under the age of 21 years within the Village shall be considered under the influence of alcoholic liquor if the alcohol concentration in the person's blood or breath is more than 0.00% as defined under Illinois law, and particularly 625 ILCS 5/11-501.2.
[Amended 10-15-2019 by Ord. No. 2019-22]
D.
Any legal guardian (as defined in § 141-704A of this chapter) who knowingly authorizes an unemancipated minor to use a vehicle while such minor is in violation of this section shall be in violation of this section. Such knowledge shall be presumed unless the contrary is established by a preponderance of the evidence.
A.
Definition. For purposes of this chapter, "cannabis" shall include
marijuana, hashish, and other substances that are identified as including
any parts of the plant Cannabis sativa, whether growing or not; the
seeds of that plant; the resin extracted from any part of that plant;
and any compound, manufacture, salt, derivative, mixture, or preparation
of that plant, its seeds or resin, including tetrahydrocannabinol
(THC) and all other cannabinol derivatives, including its naturally
occurring or synthetically produced ingredients, whether produced
directly or indirectly by extraction, or independently by means of
chemical synthesis or by a combination of extraction and chemical
synthesis; but shall not include the mature stalks of that plant,
fiber produced from those stalks, oil, or cake made from the seeds
of that plant, any other compound, manufacture, salt, derivative,
mixture, or preparation of mature stalks (except the resin extracted
therefrom), fiber, oil, cake, or the sterilized seed of the plant
which is incapable of germination.
B.
Violation. Except as otherwise provided in the Cannabis Regulation
and Tax Act, 410 ILCS 705/1-1 et seq., it shall be a violation of
this section for any person knowingly to possess any quantity of any
substance containing cannabis.
[Amended 10-15-2019 by Ord. No. 2019-22]
[Amended 5-22-2017 by Ord. No. 2017-12; 10-15-2019 by Ord. No. 2019-22; 11-12-2019 by Ord. No. 2019-24]
No person under 21 years of age shall buy any tobacco product,
or alternative nicotine product. No person shall sell, buy for, distribute
samples of, or furnish any tobacco product or alternative nicotine
product to any person under 21 years of age. For the purpose of this
section, "tobacco product" and "alternative nicotine product" shall
have the meanings set forth in Section 1(a-9) of the Prevention of
Tobacco Use by Persons Under 21 Years of Age and Sale and Distribution
of Tobacco Products Act, 720 ILCS 675/1(a-9).
[Added 11-12-2019 by Ord.
No. 2019-24]
No person shall sell, buy for, distribute samples of, or furnish
any electronic cigarette to any person. For the purpose of this section,
"electronic cigarette" shall have the meaning set forth in Section
1(a-9) of the Prevention of Tobacco Use by Persons Under 21 Years
of Age and Sale and Distribution of Tobacco Products Act, 720 ILCS
675/1(a-9).
[1]
Editor's Note: Former § 141-208, Possession of tobacco
or smokeless tobacco by minors, was repealed 10-15-2019 by Ord. No.
2019-22.
A.
MATERIAL
NUDITY
PERFORMANCE
SEXUAL CONDUCT
SEXUAL EXCITEMENT
Definitions.
As used in this section, the following terms shall be defined as indicated:
Any book, magazine, newspaper, or other printed or written
material or any picture, drawing, photograph, motion picture, or other
pictorial representation or any statue or other figure, or any recording,
transcription or mechanical, chemical or electrical reproduction or
any other articles, equipment, machines, or materials.
The patently offensive showing, representation, depiction,
or lewd exhibition of human male or female genitals, pubic area, or
buttocks.
Any motion picture, preview, play, show, skit, dance, or
other exhibition performed before an audience in any indoor or outdoor
theater, building, or any public place.
The patently offensive representations or descriptions of
ultimate sexual acts, normal or perverted, actual or simulated, and
of masturbation, excretory functions, and lewd exhibition of the genitals.
The condition of human male or female genitals when in a
state of sexual stimulation or arousal.
B.
No person shall show, exhibit, sell, offer for sale, distribute,
circulate, give away, or cause the same to be done to any person any
obscene material or performance as described, defined, and set forth
in this section.
C.
Any material or performance is "obscene" if, when considered as a
whole and judged with reference to average or ordinary persons (includes
average or ordinary minors under the age of 18 years or average or
ordinary adults), it includes any of the following:
(1)
Its dominant appeal is to a prurient interest in sex or obscenity.
(2)
Its dominant tendency is to arouse lust by patently offensive
displaying or depicting of nudity, sexual excitement, or sexual conduct
in a way which tends to represent human beings as mere objects of
sexual appetite.
(3)
Its dominant tendency is to arouse lust by patently offensive
displaying or depicting of bestiality or extreme or bizarre violence,
cruelty or brutality.
(4)
It contains a series of patently offensive displays or descriptions
of nudity, sexual excitement, sexual conduct, bestiality, extreme
or bizarre violence, cruelty or brutality, or human bodily functions
of elimination, the cumulative effect of which is a dominant tendency
to appeal to a prurient interest in sex or obscenity, when the appeal
to this interest is primarily for its own sake or for commercial exploitation,
rather than for a serious literary, artistic, political, or scientific
value.
D.
For the purpose of this section all three of the following conditions
are required to prove obscenity affecting the average or ordinary
minor under the age of 18 years or affecting the average or ordinary
adult:
(1)
The material or performance taken as a whole predominantly appeals
to a prurient interest in obscenity or sex;
(2)
The material or performance is patently offensive because it
affronts the prevailing contemporary community standards as a whole
relating to the description or representation of obscene or sexual
matters; and
(3)
The material or performance as a whole lacks serious literary,
artistic, political, or scientific value.
E.
The provisions of this section shall be subject to the affirmative
defenses as specifically set forth in state statutes.
A.
CANNABIS
CONTROLLED SUBSTANCE
DELIVER or DELIVERY
DRUG PARAPHERNALIA
(1)
(2)
(3)
(4)
(5)
(6)
Definitions. As used in this section, unless the context otherwise
requires, the following terms shall have the meanings indicated:
Shall have the meaning ascribed to it in Section 3 of the
Cannabis Control Act (720 ILCS 550), as if that definition were incorporated
herein.
Shall have the meaning ascribed to it in Section 102 of the
Illinois Controlled Substances Act (720 ILCS 570), as if that definition
were incorporated herein.
The actual, constructive or attempted transfer of possession,
with or without consideration, whether or not there is an agency relationship.
All equipment, products and materials of any kind which are
intended to be used unlawfully in planting, propagating, cultivating,
growing, harvesting, manufacturing, compounding, converting, producing,
processing, preparing, testing, analyzing, packaging, repackaging,
storing, containing, concealing, injecting, ingesting, inhaling or
otherwise introducing into the human body cannabis or a controlled
substance in violation of the Cannabis Control Act or the Illinois
Controlled Substances Act. It includes, but is not limited to:
Kits intended to be used unlawfully in manufacturing, compounding,
converting, producing, processing or preparing cannabis or a controlled
substance;
Isomerization devices intended to be used unlawfully in increasing
the potency of any species of plant which is cannabis or a controlled
substance;
Testing equipment intended to be used unlawfully in a private
home for identifying or in analyzing the strength, effectiveness or
purity of cannabis or controlled substances;
Diluents and adulterants intended to be used unlawfully for
cutting cannabis or a controlled substance by private persons;
Objects intended to be used unlawfully in ingesting, inhaling,
or otherwise introducing cannabis, cocaine, hashish, or hashish oil
into the human body, including, where applicable, the following items:
Any item whose purpose, as announced or described by the seller,
is for use in violation of this section.
B.
Unlawful sales and deliveries. The following persons shall be in
violation of this section:
(1)
Any person who keeps for sale, offers for sale, sells, or delivers
for any commercial consideration any item of drug paraphernalia;
(2)
Any person 18 years of age or older who sells or delivers for
any commercial consideration any item of drug paraphernalia to a person
under 18 years of age;
(3)
Any person who sells or delivers for a commercial consideration
any item of drug paraphernalia to a woman he knows to be pregnant.
C.
Public nuisance. 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. The Village may commence an action in the Circuit
Court to abate the public nuisance in the manner described in 720
ILCS 600/3.
D.
Possession of drug paraphernalia.
(1)
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, violates this section. This Subsection D(1) does not apply to a person who is legally authorized to possess hypodermic syringes or needles under the Hypodermic Syringes and Needles Act (720 ILCS 625/0.01 et seq.).
E.
Exemptions.
(1)
This section shall not apply to:
(a)
Items marketed for use 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 marketed for, or 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.
(c)
Items listed in the definition of "drug paraphernalia" in Subsection A of this section which are marketed 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)
A person who is legally authorized to possess hypodermic syringes
or needles under the Hypodermic Syringes and Needles Act (720 ILCS
625/0.01 et seq.).
(e)
Cannabis-related items sold, purchased, distributed, possessed,
or used as authorized by, and in accordance with the requirements
of, the Cannabis Regulation and Tax Act , 410 ILCS 705/1-1 et seq.
[Added 10-15-2019 by Ord.
No. 2019-22]
(2)
In determining whether or not a particular item is exempt under
this subsection, 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 object is a legitimate
supplier of like or related items to the community, such as a licensed
distributor or dealer of tobacco products;
(h)
The existence and scope of legitimate uses for the object in the
community.
F.
Forfeiture. All drug paraphernalia is subject to forfeiture. Property
subject to forfeiture under this section may be seized by any peace
officer upon process issued by any court having jurisdiction over
the property in a manner consistent with 720 ILCS 600/5.
G.
Intent. This section is intended to be used solely for the suppression
of the commercial traffic in and possession of items that, within
the context of the sale or offering for sale, or possession, are clearly
and beyond a reasonable doubt intended for the illegal and unlawful
use of cannabis or controlled substances. To this end, all reasonable
and common-sense inferences shall be drawn in favor of the legitimacy
of any transaction or item.
