A.
Permitting unlawful assembly. Whoever shall knowingly permit any
assembly of people for the purpose of committing any unlawful act
or breach of the peace, or any riot, offense or disorderly conduct,
in or upon any premises owned or occupied by him or under his control
shall be guilty of disorderly conduct.
B.
Disturbing lawful assembly. Whoever shall interrupt or disturb any
lawful assembly of people by making any loud or unusual noise, or
by rude or indecent behavior, or by profane, obscene or improper discourse
or conduct shall be guilty of disorderly conduct.
A.
A person shall be guilty of disorderly conduct when he or she knowingly:
(1)
Does any act in such unreasonable manner as to alarm or disturb another
and to provoke a breach of the peace;
(2)
Transmits or causes to be transmitted in any manner to the fire department
of any city, town, village or fire protection district a false alarm
of fire, knowing at the time of the transmission that there is no
reasonable ground for believing that the fire exists;
(3)
Transmits or causes to be transmitted in any manner to another a
false alarm to the effect that a bomb or other explosive of any nature
or a container holding poison gas, a deadly biological or chemical
contaminant, or radioactive substance is concealed in a place where
its explosion or release would endanger human life, knowing at the
time of the transmission that there is no reasonable ground for believing
that the bomb, explosive or a container holding poison gas, a deadly
biological or chemical contaminant, or radioactive substance is concealed
in the place;
(4)
Transmits or causes to be transmitted a threat of destruction of
a school building or school property, or a threat of violence, death,
or bodily harm directed against persons at a school, school function,
or school event, whether or not school is in session;
(5)
Transmits or causes to be transmitted in any manner to any peace
officer, public officer or public employee a report to the effect
that an offense will be committed, is being committed, or has been
committed, knowing at the time of the transmission that there is no
reasonable ground for believing that the offense will be committed,
is being committed, or has been committed;
(6)
Transmits or causes to be transmitted a false report to any public
safety agency without the reasonable grounds necessary to believe
that transmitting the report is necessary for the safety and welfare
of the public; or
(7)
Calls the number "911" for the purpose of making or transmitting
a false alarm or complaint and reporting information when, at the
time the call or transmission is made, the person knows there is no
reasonable ground for making the call or transmission and further
knows that the call or transmission could result in the emergency
response of any public safety agency;
(8)
Transmits or causes to be transmitted a false report to the Department
of Children and Family Services under Section 4 of the Abused and
Neglected Child Reporting Act (325 ILCS 5/1 et seq.);
(9)
Transmits or causes to be transmitted a false report to the Department
of Public Health under the Nursing Home Care Act (210 ILCS 45/1-101
et seq.), the Specialized Mental Health Rehabilitation Act of 2013
(210 ILCS 49/1-101 et seq.), or the ID/DD Community Care Act (210
ILCS 47/1-101 et seq.);
(10)
Transmits or causes to be transmitted in any manner to the police
department or fire department of any municipality or fire protection
district, or any privately owned and operated ambulance service, a
false request for an ambulance, emergency medical technician-ambulance
or emergency medical technician-paramedic, knowing at the time there
is no reasonable ground for believing that the assistance is required;
(12)
Enters upon the property of another and for a lewd or unlawful
purpose deliberately looks into a dwelling on the property through
any window or other opening in it; or
(13)
While acting as a collection agency as defined in the Collection
Agency Act (225 ILCS 425/1 et seq.) or as an employee of the collection
agency, and while attempting to collect an alleged debt, makes a telephone
call to the alleged debtor which is designed to harass, annoy or intimidate
the alleged debtor.
B.
Penalty. Any person violating any provision of this § 210-72 shall be fined as set forth in Chapter 1, Article III, Penalties and Enforcement, of the City Code and be responsible for the City's cost of prosecution, including attorney fees incurred by the City. Any person violating Subsection A(16) of this § 210-72, in addition to said fine, may be ordered by the court to pay restitution to any property owner for damages, or the costs of restoring said property to its condition prior to its defacement, damage or destruction.
A.
City Council findings.
(1)
The City Council hereby finds and declares that it is the right of
every person, regardless of race, color, creed, religion, national
origin, sex, age or disability, to be secure and protected from fear,
intimidation and physical harm caused by the activities of violent
groups and individuals. It is not the intent of this section to interfere
with the exercise of the constitutionally protected rights of freedom
of expression and association. The City Council hereby recognizes
the constitutional rights of every citizen to harbor and express beliefs
on any lawful subject whatsoever, to lawfully associate with others
who share similar beliefs, to petition lawfully constituted authority
for a redress of perceived grievances, and to participate in the electoral
process.
(2)
The City Council finds, however, that urban, suburban and rural communities,
neighborhoods and schools throughout the state are being terrorized
and plundered by street gangs. The City Council finds that there are
now several hundred street gangs operating in Illinois, and that while
their terrorism is most widespread in urban areas, street gangs are
spreading into suburban and rural areas of Illinois, including LaSalle
County.
(3)
The City Council further finds that street gangs are often controlled
by criminally sophisticated adults who take advantage of our youth
by intimidating and coercing them into membership by employing them
as drug couriers and runners, and by using them to commit brutal crimes
against persons and property to further the financial benefit to and
dominance of the street gang.
(4)
Street gang activity presents a clear and present danger to public
order and safety and is not constitutionally protected. No society
is or should be required to endure such activities without redress.
Accordingly, it is the intent of the City Council, by enacting this
section, to prohibit street gang related activity.
B.
STREET GANG or GANG
Definition. As used in this section, the following terms shall have
the meanings indicated:
Any ongoing organization, association in fact or group of
three or more persons, whether formally or informally organized, or
any subgroup or affiliated group thereof, having as one of its activities
the commission of criminal or illegal acts, including by way of example
only and not in any way limiting or specifying, illegal drug distribution,
and whose members individually or collectively engage in or have engaged
in a pattern of criminal or illegal acts, and which group frequently,
though not necessarily, claims one or more particular geographic territory
or "turf" exclusively as its realm of influence and operations.
C.
Prohibited. It shall be unlawful for any person within the City to
knowingly do or make any act, utterance, gesture or display for the
purpose of communicating membership of, affiliation with, association
with, support of, identification with, sympathy toward or affront
or insult toward any street gang, or with actual knowledge that the
subject's act, utterance, gesture or display is used and recognized
as communicative of street gang membership, affiliation, association,
support, identification, sympathy or affront.
A.
No person shall damage, befoul, disturb, destroy or deface any City
property or any public or private property without permission of the
owner.
B.
Prohibited. It shall be unlawful, and is hereby declared a nuisance,
to place graffiti, or permit graffiti to remain on any public or private
curb stone, flagstone, brick, sidewalk or any portion of any part
of any sidewalk or street, or upon any tree, lamp post, telephone
pole, utility box, utility pole, stanchion, postal mail receptacle,
sign, hydrant, fence, door, wall, window, garage or enclosure, vehicle,
bridge, pier, or upon any other public or private structure or building.
C.
Graffiti defined. "Graffiti" is any permanent display of any name,
identification, letter, numeral, figures, emblem, insignia, picture,
outline, character, spectacle, delineation, illustration, symbol or
any combination thereof, which without authorization is marked, written,
drawn, painted, scratched, inscribed or affixed, and which is a different
color from the color of the exterior of those objects or structures
described above and to which it is affixed.
D.
Graffiti removal. It shall be the duty of the Chief of Police to
serve or cause to be served a notice upon the owner or party in possession
of any such object or structure upon which graffiti is present and
to demand the abatement of the nuisance within three days. All exterior
surfaces shall be kept clean and free of graffiti. Surfaces which
have been exposed to graffiti shall be cleaned, painted or in some
manner covered so as to effect the complete removal of the graffiti
from that surface and return the surface to its prior condition within
three days of receipt of the violation notice to the owner unless
extenuating circumstances prevent work from being done, in which case
the Chief of Police may give an extension for the removal of graffiti.
E.
Penalty. Any person violating this § 210-74 shall be fined as set forth in Chapter 1, Article III, Penalties and Enforcement, of the City Code and be responsible for the City's cost of prosecution, including attorney fees incurred by the City. Any person violating Subsection A or B of this section, in addition to said fine, may be ordered by the court to pay restitution to any property owner for damages or the costs of restoring said property to its condition prior to placement of graffiti thereon.[1]
A.
Mob action consists of the following:[1]
(1)
The knowing or reckless use of force or violence disturbing the public
peace by two or more persons acting together and without authority
of law; or
(2)
The knowing assembly of two or more persons with the intent to commit
or facilitate the commission of a felony or misdemeanor; or
(3)
The knowing assembly of two or more persons, without authority of
law, for the purpose of doing violence to the person or property of
anyone supposed to have been guilty of a violation of the law, or
for the purpose of exercising correctional powers over any person
by violence.
B.
It is unlawful for any person to be involved in mob action.
C.
Any participant in a mob action who does not withdraw on being commanded
to do so by any police officer shall be guilty of disorderly conduct.
A.
Loitering prohibited. It shall be unlawful for any person to loiter
in or near any thoroughfare, place open to the public, or near any
public or private place in any manner under circumstances manifesting
the purpose to engage in drug-related activity contrary to any of
the provisions of this chapter or the laws of the State of Illinois,
including 720 ILCS 1/1 et seq., as amended.
B.
Among the circumstances which may be considered in determining whether
such purpose is "manifested" shall include, but not be limited to:
(1)
Such person is a known unlawful drug user, possessor or seller. For
purposes of this provision, a "known unlawful drug user, possessor
or seller" is a person who has, within the knowledge of the arresting
officer, been convicted in any court within this state of any violation
involving the use, possession or sale of cannabis or any of the controlled
substances referred to in 720 ILCS 1/1 et seq., as amended, or such
person who has been convicted of any violation of the provisions of
said 720 ILCS 1/1 et seq., as amended, for substantially similar laws
of any political subdivision of this state or any other state; or
a person who displays the physical characteristics of drug intoxication
or usage, such as "needle tracks" or a person who possesses drug paraphernalia
as defined in 720 ILCS 1/1 et seq., as amended; or[1]
(2)
Such person is currently subject to an order prohibiting his presence
in a high drug activity geographic area; or
(3)
Such person behaves in a manner so as to raise reasonable suspicion
that he is about to engage in or is then engaged in any unlawful drug-related
activity, including, by way of example only, such person acting as
a "lookout"; or
(4)
Such person is physically identified by the officer as a member of
a "gang" or association which has, as one of its purposes, illegal
drug activity; or
(5)
Such person transfers small objects or packages for currency in a
furtive fashion; or
(6)
Such person takes flight upon the appearance of a police officer;
or
(7)
Such person manifestly endeavors to conceal upon himself or herself
any object which reasonably could be involved in unlawful drug-related
activity; or
(8)
The area involved is by public repute known to be an area of unlawful
drug use and trafficking; or
(9)
The premises involved have been reported to law enforcement as a
place of suspected gang activity; or
(10)
Such person possesses any instrument, article or thing whose
customary or primary purpose is for the sale, administration or use
of cannabis or controlled substances such as, but not limited to,
crack pipes, push wires, chore boys, hang scales, hypodermic needles,
razor blades or other cutting tools; or[2]
(11)
Any vehicle involved is registered to a known unlawful drug
user, possessor or seller, or a person for whom there is an outstanding
warrant for a crime involving drug-related activity.
No person in the City shall:
A.
Unlawful conduct: disturb, tend to disturb, or aid in disturbing
the peace of others by violent, tumultuous, offensive or obstreperous
conduct, and no person shall knowingly permit such conduct upon any
premises owned or possessed by him or under his control.
B.
Assault: assault, beat, strike, wound, imprison or inflict violence
on another with intent to commit any misdemeanor or felony; nor shall
any person assault another with a lethal weapon, instrument or thing
with intent to commit upon the person of another any bodily injury
where no considerable provocation appears or where the circumstances
of the assault show malice.
C.
Fighting: fight another person.
A.
It shall be unlawful for a parent or legal guardian of an unemancipated
minor residing with such parent or legal guardian to knowingly permit
said minor to commit any violation of a City ordinance or state statute
concerning vandalism, battery, fireworks, obscene conduct, trespass,
possession of alcoholic liquor, curfew, disorderly street gang conduct,
or any other offense or willful or malicious acts to persons or property.
B.
It shall be unlawful for any parent, legal guardian or other person
to knowingly permit a child in his or her custody or control, under
the age of 18 years, to associate with known thieves, burglars, felons,
narcotic addicts or other persons of ill repute, visit a place of
prostitution, commit a lewd act, or commit an act intending to break
the peace.
C.
The parent or guardian responsible for the willful or malicious acts
of the minor child pursuant to this section shall make full restitution
to the injured or damaged party or parties within 10 days after notification
of liability as provided for herein. Parents and guardians shall be
responsible individually and jointly.
D.
Penalty. Any person who fails or refuses to make payment in full of any amount found due from them to an injured or damaged party, as provided for herein, or who violates any of the provisions of this § 210-78 shall be fined as set forth in Chapter 1, Article III, Penalties and Enforcement, of the City Code and be responsible for the cost of prosecution and attorney fees incurred by the City, up to a maximum amount of $15,000.[1]
A.
It shall be unlawful for any person or persons who are the owners or occupants of any premises to allow, initiate or maintain any gathering on that premises in which tenants, invitees, visitors or trespassers engage in any unlawful activity. Unlawful activity shall include, but not be limited to, violations of any provisions of this chapter. A person will be deemed to have permitted the gathering if that person is on the premises while the unlawful activity is occurring and has not informed the police thereof. For purposes of this § 210-79 only, a gathering shall consist of two or more persons who are not occupants or owners of the premises.
A.
Definition of telecommunication devices. "Telecommunication devices"
means a device which is portable or which may be installed in a motor
vehicle, boat or other means of transportation, and which is capable
of receiving or transmitting speech, data, signals or other information,
including but not limited to paging devices, cellular and mobile telephones,
and radio transceivers, transmitters and receivers, but not including
radios designed to receive only standard AM and FM broadcasts.
B.
Unlawful transfer of telecommunications device to a minor. A person
commits the unlawful transfer of a telecommunications device when
he gives, sells or otherwise transfers possession of a telecommunications
device to a person under 18 years of age with the intent that the
device be used to commit any offense under the Criminal Code of 2012,
the Cannabis Control Act (720 ILCS 550/1 et seq.), the Illinois Controlled
Substances Act (720 ILCS 570/100 et seq.), or the Methamphetamine
Control and Community Protection Act (720 ILCS 646/1 et seq.).
C.
Seizure. Any telecommunications device possessed by a person under
18 years of age which is used in the commission of an unlawful act,
or used as a means of communication between gangs and gang members,
or which constitutes evidence of the commission of such offenses may
be seized by City police officers. Forfeiture of a telecommunications
device shall be in accordance with 720 ILCS 5/12C-65.
