It shall be unlawful for any person fraudulently to enter, without
payment of the proper admission fee, any theater, ballroom, lecture,
concert or other place where admission fees are charged; provided,
however, that nothing herein contained shall be deemed to prohibit
or restrict the free admission of police officers engaged in the performance
of police duties to any place of public entertainment or amusement.
It shall be unlawful to advertise any unlawful business or article
in the City, and it shall be unlawful to injure or deface any lawful
advertisement or notice.
(A) Contaminant matter. The escape or emission into the open air of noxious
or nauseous or offensive contaminant matter, or any one or more of
them, is hereby declared to be a nuisance. No person shall cause or
allow the escape or emission into the open air of such noxious, nauseous,
or offensive contaminant matter.
(B) Noxious gases, nauseous gases and odors, and offensive smells. The
escape or emission into the open air of noxious gases or nauseous
gases or nauseous odors or offensive smells, or any one or more of
them, is hereby declared to be a nuisance. No person shall cause or
allow the escape or emission into the open air of any of such noxious
gases, nauseous gases, nauseous odors or offensive smells.
No person shall trap, snare, dig a hole, pit or use any other
method or device to capture animals which are ferae naturae in the
City. The placing of any such trap, snare, hole, pit or device is
hereby declared to be a public nuisance and shall be summarily abated.
It shall be unlawful for any person to commit assault, which
is hereby defined as any conduct which knowingly places another in
reasonable apprehension of receiving a battery.
It shall be unlawful for any person to commit battery. A person
commits battery if he intentionally or knowingly without legal justification
and by any means causes bodily harm to an individual or makes physical
contact of an insulting or provoking nature with an individual.
It shall be unlawful for any person to have in his possession
any nippers of any description such as burglar's nippers, a pick lock,
skeleton key, any or other burglar's instrument or tool of any description,
unless it is shown that the possession is innocent or for a lawful
purpose.
It shall be unlawful for any person, firm or corporation to
obtain possession of any goods, property or thing of value by any
false proceedings or by cheating or by fraud of any kind.
It shall be unlawful to permit or store any combustible refuse
in such a manner as to create a fire hazard, or to store or throw
any refuse of any kind on any street or other public place.
It shall be unlawful for any person to conceal knowledge of
the commission of any offense or to conceal knowledge of any unlawful
act as defined in this Code.
(A) It shall be unlawful for any person to vend, sell, distribute or
give away in any manner whatsoever any article, drug, or medicinal
preparation, manufactured, produced or intended for use, or which
may be used as a contraceptive; provided, however, that the provisions
hereof shall not apply to regularly licensed practitioners of medicine,
or drugstores employing a registered pharmacist.
(B) It shall be unlawful to vend, sell, give away or distribute any such
articles, drugs, or medicines for use as, or possible for use as,
contraceptives, by means of machines, or peddling or canvassing within
the City. The proprietor of any premises wherein any such drugs, medicines,
or articles are kept, contrary to the provisions of this section,
shall be presumed to be the vendor or distributor of the medicines,
drugs or articles.
It shall be unlawful for any person to cruelly or inhumanly
whip, injure, beat or mistreat one's own spouse, child, stepchild
or apprentice, or other child or person under one's care.
Any person who shall willfully or carelessly break, damage,
deface or destroy any sewer, cesspool, culvert, catch basin, manhole,
water pipe or hydrant laid or placed in, upon or under any street,
sidewalk, highway, thoroughfare or public place within the City shall
be deemed guilty of an offense.
No person shall injure, destroy, deface or assist in injuring,
destroying, or defacing any bridge, fence, building, school house,
depot, house, public building, street sign, sidewalk, tree, lamp post
or any kind of other public property.
It shall be unlawful for any person, by any act of neglect,
to encourage, aid or cause a child to come within the purview of the
juvenile authorities; and it shall likewise be unlawful for any person,
after notice that a driver's license of any child has been suspended
or revoked, to permit such child to operate a motor vehicle during
the period that such driver's license is suspended.
(A) It shall be unlawful for any person, or any person who shall have
possession or control of any premises facing a public sidewalk, lane
or street, to deposit or cause to be deposited, through himself or
others, any snow and ice on or against a fire hydrant or on any sidewalk,
lane or street pavement, or loading or unloading area of a public
transportation system.
(B) No person shall nor shall he cause or permit the shoveling, blowing,
dumping, throwing, or depositing of snow or ice from his property
or from the public right-of-way in front of his property onto the
street pavement, the public sidewalk, the public parkway in front
of the property of another, or the property of another.
No person shall dig, cut or remove any soil, sod, gravel, sand
or earth from any street or other public place without a permit from
the City, or from any premises not his own, without the consent of
the owner. No soil or sod shall be removed from private property without
a permit from the City.
[Amended 3-19-2019 by Ord. No. 03-2019; 4-23-2019 by Ord. No. 04-2019]
The following persons committing any of the following acts shall
be deemed guilty of disorderly conduct:
(A) All persons who shall make, aid, countenance or assist in making
any improper noise, riot, disturbance, breach of peace, or diversion
tending to the breach of peace within the City.
(B) All persons who shall use any abusive, threatening, insulting, indecent,
profane or obscene language, or language calculated to occasion a
breach of the peace.
(C) All persons who shall collect in bodies or crowds for unlawful purposes,
or for any purpose to the annoyance or disturbance of other persons.
(F) All persons who shall willfully assault another or be engaged in,
aid, or abet in any fight, quarrel or other disturbance in the City.
(H) All persons who shall engage in any fraudulent scheme, device or
trick for the purposes of obtaining something of value, or who shall
aid, abet or in any manner be concerned therein.
(I) All touts, ropers, steerers or cappers, so called, for any gambling
room or house, who shall ply or attempt to ply their calling on any
public way within the City.
(J) All persons found loitering about the public ways or parks, either
by day or night, without any known lawful means of support, or without
being able to give a satisfactory account of themselves.
(M) All persons who fail to disperse after being ordered to do so by
a person with police authority.
(N) All persons who make or create loud or boisterous noises, whether
by person, actions or by electronic or mechanical amplification..
(O) Any person who, without the consent of the owner or occupant, goes
upon the property of another:
(1)
For the purpose of peeping, viewing, observing, or eavesdropping;
or
(2)
For a lewd or unlawful purpose deliberately looks into a dwelling
on the property through any window or opening in it.
Every person who shall keep or maintain any bawdy or disorderly
house, or any house, or other place where any person is permitted
or suffered to make any improper noise or disturbance, or any house
or other place where any minor is permitted to drink intoxicating
drinks of any kind, or play with dice, dominoes, cards, balls, or
other articles used in gambling, shall be deemed guilty of an offense.
Any person who shall disturb any congregation or assembly met
for religious worship, by making a noise, or by rude and indecent
behavior or profane discourse, within a place of worship, or so near
the same as to disturb the order and solemnity of the meeting, shall
be deemed guilty of an offense.
It shall be unlawful for any person, firm, or company to dump
or deposit, or cause to be dumped or deposited, any grass, leaves,
branches, or any other things in the roadway or gutter of any public
street in the City.
Any person who shall carelessly or maliciously break, deface,
disturb, interfere with, carry away or in any way injure or destroy
any electric light, lamp, globe or any part of or appurtenances to
any lamp or light of any kind used, in or upon or about any street,
alley or public place, or who shall carelessly or maliciously break,
injure, destroy or in any way disturb or interfere with any electric
light, telephone or telegraph wire, or any appurtenance thereto, at
any place, shall be deemed guilty of an offense.
It shall be unlawful for any person to knowingly aid or assist
any person to escape from lawful confinement or to assist any person
to escape from the custody of any peace officer.
It shall be unlawful for any person convicted of any offense
or in lawful custody to escape or attempt to escape from custody.
It shall be unlawful for any person to expectorate or spit upon
any sidewalk or upon the floor of any public building or room used
for public assemblies.
It shall be unlawful for any person to knowingly start or spread
any false alarm of fire in the City.
It shall be unlawful for any person to obtain any food, drink,
goods, wares or merchandise under false pretenses, or to enter any
public place and call for refreshments or other articles and receive
and refuse to pay for same, or depart without paying for or satisfying
the person from whom he received the food, goods, wares and merchandise.
It shall be unlawful for any person to represent falsely himself
to be an officer of the municipality or to attempt to impersonate
any such officer or to, without authority, perform any official act
therein on behalf of an officer.
It shall be unlawful for any person to commit an assault or
battery or to fight in any public place in the City.
No person shall burn any standing hay or grass, nor set fire
to nor burn any leaves or other combustible material in any park or
public grounds. No person shall burn leaves or other combustible material,
or build any bonfire upon any brick, asphalt or block pavement in
any street or alley nor in or upon any street or alley. No person
shall burn or set fire to any combustible material in any open fire
on public or private property.
[Added 1-23-2024 by Ord. No. 2-2024]
Except when otherwise directed by a peace officer, it shall
be unlawful for any pedestrian to cross or attempt to cross a) any
street outside of a designated crosswalk or b) an intersection diagonally.
In the event there is no designated crosswalk, the pedestrian shall
cross the street at the point of intersection of a perpendicular sidewalk
or, in the absence of such sidewalk, within 10 feet of the curbline
of a street parallel to his or her direction of travel. Any person
violating any provision of this section shall be fined in an amount
of not less than $100 and not more than $250 per violation.
It shall be unlawful for any person to commit any act or fail
to perform any requirement which is prohibited or required by state
law, insofar as such laws are applicable to municipal government.
It shall be unlawful for any person to hunt or to engage in
killing any animal other than as prescribed by law or ordinance in
the City.
It shall be unlawful for any person to practice hypnotism or
for any person to be a subject for such hypnotist, provided that this
shall not apply to hypnotism as used in the treatment of patients
by an accredited doctor of medicine or doctor of dentistry nor shall
it prohibit the teaching of hypnotism in any state-accredited educational
institution which maintains an academic standard of the college level.
Any person who shall in any way injure, damage or destroy any
public property, public lamp or lamp post, or street sign, or any
sign, gate, sidewalk or fence, or climb upon any public lamp post,
or hang or place any goods or merchandise thereon, or place any goods,
boxes, wood or any other heavy material upon or against the same,
shall be deemed guilty of an offense.
It shall be unlawful for any person to deposit, place or allow
to remain in or upon any public thoroughfare any material or substance
injurious to person or property.
It shall be unlawful for any person to store or keep any old
articles or materials which may be classified as junk adjacent to
or in close proximity to any schoolhouse, church, public parks, public
grounds, business buildings or residences without first providing
proper and tight buildings for the storage of the same. The storing
or accumulating of unsightly material of any kind, including but not
limited to garbage, metals, junk of every kind and character, nonfunctioning
motor vehicles, trash of every kind and nature, on any property or
lot within the City is hereby prohibited. The storage or accumulation
of any of the aforesaid which may or can become breeding grounds or
harborage for or attraction to insects, rodents, or other possible
disease-carrying life or growth on any property or lot within the
City is prohibited.
For purposes of this section, a "laser pointer" is any device
which contains a small diode laser that emits an intense beam of light,
including but not limited to a Class 2 laser, Class 3a laser, Class
3b laser, and Class 4 lasers.
(A) Possession by minors prohibited. It shall be unlawful for any person
under the age of 18 to possess a laser pointer except in the residence
of that person.
(B) Sale to minor prohibited. It shall be unlawful for any person to
sell a laser pointer to any person under the age of 18.
(C) Use outside of buildings prohibited. It shall be unlawful for any
person to use a laser pointer in such a manner that the laser beam
illuminates on any person, animal, object or place located outside
of the building where the person using the laser pointer is located.
(D) Illumination of persons prohibited. It shall be unlawful for any
person to use a laser pointer in such a manner that the laser beam
illuminates on any person.
(E) Illumination of vehicle operators prohibited. It shall be unlawful
for any person to use a laser pointer in such a manner that the laser
beam illuminates the operator of a motor vehicle.
(F) Illumination of law enforcement personnel prohibited. It shall be
unlawful for any person to use a laser pointer in such a manner that
the laser beam illuminates a uniformed law enforcement officer.
(G) Use in public places prohibited. It shall be unlawful for any person
located on a public right-of-way, street, alley, public park, or private
parking lot accessible to the public to use a laser pointer.
It shall be unlawful for any person to rent, use or allow to
be used any building or property owned by him for any purpose whereby
riotous or disorderly persons are gathered.
(A) Amplification of sound. It shall be unlawful for any person to maintain,
operate, use or employ any loudspeaker, electronically or mechanically
operated, producing sound, which sound is amplified and heard over
any public street, public place or private property other than the
property of the person so maintaining, operating, using or employing
the same, without first having obtained a permit.
(B) Standards for issuing permit. Any permit shall be issued only for
parades authorized by the City Council, political speeches, and matters
of public issue. The permit shall be issued without fee and subject
to the following restrictions:
(1)
No such amplification device shall be employed on or after 8:00
p.m. on any prevailing day and 8:00 a.m. the next day.
(2)
No permittee shall use, operate, or employ such device within
a radius of two blocks from any hospital or rest home, or within a
radius of two blocks of a church when such church is in session.
(3)
No permittee shall allow any lewd, obscene, profane, indecent
language or sounds, advertisement or false representation of any matter
to emanate from said device.
(4)
No such permittee shall allow the noise from said sound device
to be amplified greater than is tolerable to the human ear by an ordinary
person within hearing distance and, in any event, no greater than
85 decibels as measured at the source of such sound or noise on a
sound level meter according to standards prepared by the American
Standard Association.
It shall be unlawful for any person, firm or corporation, by
himself, or his or its agents or servants, to distribute, cast, throw
or place, cause to be distributed, cast, thrown or placed, in, upon
or along any of the streets or public places of the City, or upon
the porches or yards of private residences therein or within any dwelling
or building in the City any samples of merchandise or medicinal preparations
for the purpose or with the intent of advertising or marking known
in a general or promiscuous manner any business, occupation, proposition,
medical treatment, medicine, or any other article whatsoever.
(A) It shall be unlawful for any mendicant or vagrant to frequent any
depot, store, theater, street, sidewalk, park or other public place
frequented by the public in this City.
(B) Any person found sleeping in any such place, and who has no established
domicile or residence, shall be considered a vagrant.
Every person who shall, without the consent of the owner or
licensee, take, carry away, detach or mutilate any metal plate, tag,
badge or license worn by or attached to any person, animal or vehicle
or attached to any articles, substance or thing whatsoever as a mark
of identification or otherwise in compliance with the requirements
of any provision of this code, shall be deemed guilty of an offense.
It shall be unlawful to cast, throw, or propel any missile on
any street or public place, and it shall be unlawful to throw or deposit
any glass, nails, tacks or other similar articles on any street or
sidewalk in the City.
No person shall use or perform any hand organ or other musical
instrument, for pay, or in expectation of payment, in any of the streets
or public places before 9:00 a.m. or after 8:00 p.m. of each day.
The provisions of this section shall not apply to any hand music or
organized musical society engaged in serenading, or civic or military
parades. No person shall play any musical instrument on Sunday in
any street, highway, alley, thoroughfare, public or unoccupied ground,
garden or grove, whereby the peace and good order of society or the
peace of any private family shall be disturbed.
(A) It shall be unlawful to commit any offense which is a nuisance according
to the common law of the land, or made such by City ordinances, or
by the statutes of the state. Whenever any nuisance exists or shall
be found on any premises within the City, whether such nuisance is
one specifically recognized by statute, by this Code, or by ordinance,
or not, the Mayor is hereby authorized, in his discretion, to direct
the Police Chief and Director of Public Health and Safety to abate
the nuisance in such manner as he may direct, and at the expense of
the party permitting or maintaining said nuisance.
(B) Any tree or vegetation which is dead or in such condition that it
may cause injury to or endanger the lives or health of persons and
animals or property is hereby declared a nuisance.
It shall be unlawful for any person to urinate or defecate in
any place open to the public view, or to be guilty of any lewd, lascivious
or obscene conduct or language or to sing any lewd or obscene song,
ballad or other words in any public place or any other place where
other persons are present.
(A) Definitions. As used in this section, the following terms shall have
the meanings indicated:
DISTRIBUTE
To transfer possession of, whether with or without consideration.
EXHIBIT
To show or display, offer or present for inspection or produce
in public so that it may be taken into possession or viewed by persons.
HARMFUL TO MINORS
That quality of any description or representation, in whatever
form, of nudity, sexual conduct, sexual excitement, or sadomasochistic
abuse, when it:
(1)
Predominantly appeals to the prurient interest in sex of minors;
and
(2)
Is patently offensive to prevailing standards in the adult community
an a whole with respect to what is suitable material for minors; and
(3)
Lacks serious literary, artistic, political or scientific value
for minors.
KNOWINGLY
Having general knowledge of, or reason to know, or a belief
or ground for belief which warrants further inquiry of both:
(1)
The character and content of any material described herein which
is reasonably susceptible of examination by the defendant.
(2)
Being aware of the character of the matter or live conduct.
(3)
The age of the minor; provided, however, that an honest mistake
shall constitute an excuse from liability hereunder if the defendant
made a reasonable bona fide attempt to ascertain the true age of such
minor.
MINOR
Any person under the age of 18 years.
NUDITY
The showing of the human male or female genitals, pubic area
or buttocks with less than a fully opaque covering, or the showing
of the female breast with less than a fully opaque covering of any
portion thereof below the top of the nipple, or the depiction of covered
male genitals in a discernibly turgid state.
OBSCENE
That quality of any description or representation, in whatever
form, or nudity, sexual conduct, sexual excitement, or sadomasochistic
abuse.
(1)
When taken as a whole to the average person applying contemporary
community standards in a patently offensive way:
(a)
Predominantly appeals to the prurient shameful or morbid interest
of adults or special audiences; and
(b)
Is offensive with respect to what is suitable material.
(2)
When taken as a whole lacks serious artistic, literary, scientific,
political, educational or other merits, or the absence thereof.
PATRON OF A PLACE OF OBSCENITY
Any person who shall patronize, frequent, be found in, or
be an inmate of any premises used for the unlawful purposes set forth
in this section.
SADOMASOCHISTIC ABUSE
Flagellation or torture by or upon a person clad in undergarments,
a mask or bizarre costume, or the condition of being fettered, bound
or otherwise physically restrained on the part of one so clothed.
SEXUAL CONDUCT
Acts of masturbation, excretory functions, homosexuality,
sexual intercourse, or physical contact with a person's clothed or
unclothed genitals, pubic area, buttocks or, if such person be a female,
breast, normal or perverted, actual or simulated.
SEXUAL EXCITEMENT
The condition of human male or female genitals when in a
state of sexual stimulation or arousal.
THEATER
The phrase "theater, concert hall, or other similar establishment
which is primarily devoted to theatrical performances" shall mean
a building, playhouse, room, hall or other place having permanently
affixed seats so arranged that a body of spectators can have an unobstructed
view of the stage, upon which theatrical or vaudeville performances
or similar forms of artistic expression are presented, and where such
performances are not incidental to the promoting of the sale of food,
drink or other merchandise, for which a City license for a theater
is in full force and effect, and which performance, when taken as
a whole, does not lack serious, artistic, literary, scientific, political,
or educational value.
(B) Sale, loan, distribution or exhibition of literature, films. It shall
be unlawful for any person knowingly to sell, loan, distribute or
exhibit for monetary consideration:
(1)
Any picture, photograph, drawing, sculpture, motion-picture
film, or similar visual representation or image of a person or portion
of the human body which depicts nudity, sexual conduct or sadomasochistic
abuse and which is obscene; or
(2)
Any book, pamphlet, magazine, printed matter, however reproduced,
or sound recording which contains any matter enumerated in Subsection
(B)(1), or explicit and detailed verbal descriptions or narrative
accounts of sexual excitement, sexual conduct or sadomasochistic abuse
and which, taken as a whole, is obscene.
(3)
Any material which is harmful to minors.
(C) Admission tickets and passes. It shall be unlawful for any person
knowingly to exhibit for a monetary consideration or knowingly to
sell to any person an admission ticket or pass or knowingly to admit
a person for a monetary consideration to premises whereon there is
exhibited a motion picture, show, live or other presentation which,
in whole or in part, depicts nudity, sexual conduct or sadomasochistic
abuse and which is obscene.
(D) Knowing admission. It shall be unlawful for any person knowingly
to admit any person to premises whereon there is exhibited a motion
picture, show, live or other presentation which, in whole or in part,
depicts nudity, sexual conduct or sadomasochistic abuse and which
is obscene.
(E) Employing or having on premises person exhibiting nudity. It shall
be unlawful for any person in a commercial establishment, place of
public accommodation or private club to employ or have on his premises
any person who exhibits nudity to its patrons.
(F) Person exhibiting nudity. It shall be unlawful for any person to
exhibit nudity in any commercial establishment, place of public accommodation
or private club, to the patrons thereof.
(G) Waiters, waitresses, entertainers.
(1)
It is unlawful for any person, while acting as a waiter, waitress
or entertainer in an establishment which serves food, beverages, or
food and beverages, including, but not limited to, alcoholic beverages,
for consumption on the premises of such establishment to:
(a)
Expose his or her genitals, pubic hair, buttocks, natal cleft,
perineum, anal region or pubic hair region; or
(b)
Expose any device, costume or covering which gives the appearance
of or simulates the genitals, pubic hair, buttocks, natal cleft, perineum,
anal region or pubic hair region; or
(c)
Expose any portion of the female breast at or below the areola
thereof.
(2)
A person shall be deemed to be a waiter, waitress or entertainer
if such person acts in that capacity, without regard to whether or
not such person is paid any compensation by the management of the
establishment in which the activity is performed.
(H) Exposure by performance in public. It shall be unlawful for any person,
while participating in any live act, demonstration, or exhibition
in any public place, place open to the public, or place open to public
view, to:
(1)
Expose his or her genitals, pubic hair, buttocks, natal cleft,
perineum, anal region, or pubic hair region; or
(2)
Expose any device, costume or covering which gives the appearance
of or simulates the genitals, pubic hair, buttocks, natal cleft, perineum,
anal region or pubic hair region; or
(3)
Expose any portion of the female breast at or below the areola
thereof.
(I) Counseling or assisting violations. It is unlawful for a person to
cause, permit, procure, counsel or assist any person to expose or
simulate exposure prohibited in Subsections (G) and (H).
(J) Minors. It shall be unlawful to any person:
(1)
To knowingly sell or loan, for a monetary consideration, distribute
or exhibit to a minor any of the prohibited materials described in
Subsection (B);
(2)
To knowingly, for a monetary consideration, exhibit, sell, or
admit a minor to a premises whereon the prohibited acts in Subsection
(C) are performed;
(3)
To knowingly admit a minor to the premises whereon the prohibited
acts in Subsection (D) are depicted;
(4)
To knowingly exhibit, for or without monetary consideration,
or to knowingly sell to any person an admission ticket or pass or
knowingly to admit a person, for or without monetary consideration,
to premises whereon there is exhibited a motion picture, show, live
or other presentation which, in whole or in part, depicts nudity,
sexual conduct or sadomasochistic abuse and which is harmful to minors;
(5)
Under 17 years of age to state falsely, either orally or in
writing, that he is not under the age of 17 years, or to present and
offer to any person any evidence of age and identity which is false
or not actually his own for the purpose of ordering, obtaining, viewing
or otherwise procuring or attempting to procure or view any of the
prohibited materials and unlawful acts set forth in Subsections (B),
(C), (D), (E), (F), (G) and (H);
(6)
Under 17 years of age to be present on any premises where any
of the unlawful acts described in Subsections (B), (C), (D), (E),
(F), (G) and (H) are being committed;
(7)
In a commercial establishment, place of public accommodation,
or private club, to employ or have on his premises a minor who exhibits
nudity to its patrons;
(8)
For any minor to exhibit nudity in any commercial establishment,
place of accommodation, or private club, to the patrons thereof.
(K) Exceptions.
(1)
Nothing in Subsections (B) through (D), inclusive, shall prohibit
any public library or any library operated by an accredited institution
of higher education from circulating material to any person, provided
such circulation is in aid of a legitimate scientific or educational
purpose, and it shall be an affirmative defense in any prosecution
for a violation of this section that the act charged was committed
in aid of legitimate scientific or educational purposes.
(2)
Provisions of Subsections (E) to (H), inclusive, shall not apply
to a theater, concert hall, or similar establishment which is primarily
devoted to theatrical performance.
(3)
Nothing in this section shall prohibit any parent from distributing
to his child any of the unlawful materials described in Subsection
(B)(1) and (2).
(L) Revocation of license. The license of any such person or employee thereof directly involved in a violation of this §
19.88 may be revoked by the Mayor. No such license so revoked shall be reinstated until the lapse of a period of one year after such revocation. Such revocation may be in addition to any fine imposed.
It shall be unlawful to obstruct or permit the obstruction of
any stairway, aisle, corridor, or exit in any office building, factory,
hotel, school, church, theater, assembly hall, lodge or other public
hall, or any building used by two or more tenants or families, in
such a manner as to interfere with the free use of such stairway,
aisle, corridor or exit.
It shall be unlawful for any person, in any way or manner, to
aid, abet, counsel, advise or encourage any other person in the commission
of any of the acts mentioned herein or in any manner encourage the
commission of such offense hereby defined.
Any factory, yard, building, or structure of any kind, or any
tallow chandler's shop, soap factory, tannery, distillery, livery
stable, cattle yard or shed, barn, packing house, slaughterhouse or
rendering establishment which shall become nauseous, foul, or offensive
is hereby declared a nuisance; and the person owning, maintaining,
or in possession or control of any such factory, shop, yard, house,
building, or structure aforesaid shall be deemed guilty of an offense.
(A) Definitions. As used in this section, the following terms shall have
the meanings indicated:
LEGAL GUARDIAN
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 Juvenile Court Act
(705 ILCS 405/1-1 et seq.).
MINOR
A person who has not yet reached 17 years of age.
PERSON
Includes any person, partnership, corporation, association,
or any unincorporated religious, educational or charitable organization.
It shall also include any municipal corporation, city, fire protection
district, school district, or any other political subdivision or department
of the State of Illinois.
PROPERTY
Includes any real or personal property, including improvements
thereon belonging to or under the control of any person, as defined
above, within the City of Hometown.
(B) Liability. The parent or legal guardian of an unemancipated minor
who resides with such parent or legal guardian is liable for actual
damages for any injury, vandalism or destruction to a person or person's
property caused by said minor if the minor:
(1)
Acted negligently, willfully, recklessly, maliciously, or intentionally
in causing such injury or destruction to a person or his property;
or
(2)
Acted in violation of any ordinance, statute or law in causing
such injury or destruction to a person or his property.
(C) Enforcement. Any person, as described in Subsection (A) herein, is
entitled to enforce the liability imposed by this section, and a recovery
under this section shall neither preclude nor affect the liability
of the parent or legal guardian as predicated on a common-law basis.
(D) Penalty and presumptions.
(1)
Offense. It shall be unlawful for the parent or legal guardian
of any unemancipated minor residing with such parent or legal guardian
to fail to exercise proper parental responsibility by allowing or
permitting said minor to commit any violation of a City ordinance
or state statute concerning vandalism, battery, curfew, disorderly
conduct, fireworks, obscene conduct, indecent exposure, trespass or
possession of alcoholic liquor, cannabis or controlled substance,
or any other offense of willful or malicious acts to persons or property.
(2)
Presumption. A parent or legal guardian shall be presumed to
have allowed or permitted said minor to have committed a violation
of a City ordinance or state statute under all of the following conditions:
(a)
Said minor has been either adjudicated to be in violation of any ordinance or state statute as described in Subsection
D(1) above, or has been charged with the violation of any ordinance or state statute as described in Subsection
D(1) above (except if found to be not guilty), or has incurred nonjudicial sanctions from any peace officer, police officer, or conservator of the peace resulting from an admission of guilt to an offense of an ordinance or state statute as described in Subsection
D(1) above; and
(b)
Said parent or legal guardian has received a written notice
by certified mail (return receipt requested) or by personal service
in substantially the following form:
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LEGAL NOTICE
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TO: (parents' names)
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FROM: City of Hometown
|
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You are hereby notified that (minor's name) has been involved
in a violation of an ordinance or state statute concerning vandalism,
battery, curfew, disorderly conduct, fireworks, obscene conduct, indecent
exposure, trespass, or possession of alcoholic liquors or any other
offense of willful or malicious acts to persons or property.
|
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If said minor is again involved in a violation of one of the
above type ordinances or state statutes, you may be found guilty of
the offense of Parental Irresponsibility. Conviction for said offense
can result in a fine of not less than $10 nor more than $750. You
are hereby notified that you must exercise proper parental responsibility
over said minor by controlling his unlawful conduct.
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(c)
Said minor, within two years of the receipt of said notice by
the parent or legal guardian, has been either adjudicated to have
committed, has been charged with the violation (except if found to
be not guilty), or has admitted to have committed any violation of
any ordinance or state statute as described in Subsection (A) above.
(3)
Supervision. It is the policy of the City of Hometown to permit
the City Prosecutor to use the provisions of the Unified Code of Corrections
(730 ILCS 5/1-1-1 et seq.), as amended, of the State of Illinois pertaining
to supervision in order to further the ends of justice, restitution,
and purposes of this section.
(4)
Court appearance of parents.
(a)
It is the policy of the City of Hometown that a parent or legal
guardian of a minor be notified and required to appear in court whenever
that minor is charged with a violation of an ordinance or state statute
which requires the minor's appearance in court. To this end, it is
hereby directed that a notice in substantially the following form
be sent to the parents or legal guardians of the minor:
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LEGAL NOTICE
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TO: (Parents' names)
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FROM: City of Hometown
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You are hereby notified that (minor's name) has been charged
with an offense which is a violation of a City ordinance or state
statute and which requires the appearance of said minor in court.
You are further notified that one of the parents of said minor must
appear in court before the case will be tried or be disposed.
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If you fail to appear, the City Prosecutor has been directed
to have issued a subpoena to bring you into court. Failure to obey
a subpoena can result in contempt of court, with a fine or imprisonment
as the penalty.
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(b)
The City prosecutor is hereby directed to have subpoenas issued
whenever a parent or legal guardian of a minor does not appear in
court after the first two times said case has been before the court.
It shall be unlawful for any person to commit petit theft, which
is hereby defined as a theft when the property taken is of a value
of $500 or less.
It shall be unlawful for any person to rent, use or allow to
be used, any yard, ground or grove or other real estate within the
City for public picnics or open air dances, to be conducted in such
manner as to be an annoyance or injury to the public.
It shall be unlawful for any person to play or throw any ball
or other object to and fro upon any public thoroughfare in the municipality
when such conduct impedes traffic or constitutes a hazard to any person
or property.
It shall be unlawful for any person over the age of 18 years
to refuse or neglect to render assistance to any police officer when
called upon for such assistance or aid in the suppression of riot
or other unlawful assemblage or in the arrest of any person who has
committed an offense.
It shall be unlawful for any person to use profanity in any
street or public place in the City.
It shall be unlawful for any person willfully and maliciously
to injure, deface, mutilate, remove, pull down, break or in any manner
interfere with or molest or secrete or destroy any real or personal
property belonging to or under the control of any person.
(A) All public parks within the City shall be opened to the public, for
its use and recreation, between the hours of 8:00 a.m. and 9:00 p.m.
(B) Except for special permit applied for and granted by the City Council,
no individual or groups shall be permitted in any public park except
during the above set hours.
It shall be unlawful for any person to abandon any refrigerator,
ice box or freezer in any place accessible to the public without having
first removed the doors of such refrigerator, ice box or freezer.
It shall be unlawful for any person to interfere willfully with,
resist, delay, obstruct, molest or threaten to molest any officer
of the municipality in the exercise of his official duties.
It shall be unlawful for any person to fail or refuse immediately
to disperse upon an order to do so by a police officer, when two or
more persons are assembled for the purpose of disturbing the peace
or for the purpose of committing any unlawful act.
Any scaffolds or ladders placed in such a position that they
overhang or can fall onto any public street or other public way in
the City shall be firmly and properly constructed and safeguarded;
and it shall be unlawful to place or leave any tools or article on
any such place in such a manner that the same can fall onto such street,
sidewalk or other public way from a greater height than four feet.
Every person who shall kill or wound, or attempt to kill or
wound, by the use of firearms, slingshot, bow and arrow, pelting with
stones or otherwise, any song, plumage or game bird within any private
grounds or public parks, squares, streets or grounds (such bird, not
being the property of the person so offending), or taking the eggs
or young of any such song, plumage or game bird, shall be deemed guilty
of an offense.
(A) Any person or persons who shall obtain any money or property from
another by fraudulent devices and practices in the name of, or by
means of spirit mediumship, palmistry, card reading, astrology, seership,
or like crafty science, or fortune telling of any kind, shall be deemed
guilty of an offense.
(B) Any person or persons who shall hold or give any public or private
meetings, gatherings, circle or seance of any kind in the name of
spiritualism or of any other religious body, society or denomination,
and therein practice or permit to be practiced fraud or deception
of any kind, shall be deemed guilty of an offense.
It shall be unlawful for any person to insert or attempt to
insert into the coin box or money receptacle of any telephone, any
slug, button or other substance or to manipulate or operate, or attempt
to manipulate or operate, in any manner whatever, any telephone instrument
or any mechanism, or device connected or commonly used therewith,
with the intent to obtain telephone service without paying therefor.
No person shall throw any stone or other missile upon or at
any building, railroad car, tree or other public or private property,
or upon or at any person in any street, avenue, alley, lane, public
place or enclosed or unenclosed ground, or aid or abet in the same.
All rails, pillars and columns of iron, steel or other metal
which are being transported over and along the streets in any manner
shall be so loaded as to avoid causing loud noises and disturbing
the peace and quiet of such streets.
(A) Trespasses prohibited. It shall be unlawful for any person, firm
or corporation to commit a trespass within this municipality upon
either public or private property.
(B) Specifically enumerated trespasses; suppression. Without constituting
any limitation upon the provisions of Subsection (A) hereof, any of
the following acts by any person, firm or corporation shall be deemed
included among those that constitute trespasses in violation of the
provisions of said Subsection (A), and appropriate action may be taken
hereunder at any time to prevent or suppress any violation or violations
of this section, the aforesaid enumerated acts so included, being
as follows:
(1)
An entry upon the premises, or any part thereof, of another,
including any public property, in violation of a notice posted or
exhibited at the main entrance to said premises or at any point of
approach or entry or in violation of any notice, warning or protest
given orally or in writing, by any owner or occupant thereof.
(2)
The pursuit of a course of conduct or action incidental to the
making of an entry upon the land of another in violation of a notice
posted or exhibited at the main entrance to said premises or at any
point of approach or entry, or in violation of any notice, warning
or protest given orally or in writing by any owner or occupant thereof.
(3)
A failure or refusal to depart from the premises of another
in case of being requested, either orally or in writing, to leave
by any owner or occupant thereof.
(4)
An entry into or upon any vehicle, aircraft or watercraft made
without the consent of the person having the right to the possession
or control thereof, or a failure or refusal to leave any such vehicle,
aircraft or watercraft after being requested to leave by the person
having such right.
(5)
To take down any fence or to let down any bars or to open any
gate in or on the property of another without the consent of the owner,
occupant or person in charge thereof.
It shall be unlawful to collect, gather or be a member of any
disorderly crowd, or any crowd gathered for any unlawful purpose.
It shall be unlawful for any person to allow any water to flow
into or upon any public thoroughfare.
(A) Owner's identification required. No persons, except those exempt
by law, may acquire or possess any firearm or firearm ammunition within
the City without having a firearm owner's identification card previously
issued in his name, according to the laws of the State of Illinois
or the ordinances of this City.
(B) Furnishing to prisoners. It shall be unlawful for any person to furnish
or attempt to furnish or take into jail or to deliver or attempt to
deliver to any prisoner therein confined, or in the custody of any
officer, any weapon, tool, intoxicating liquors, drug or other article
without the consent of the officer in charge.
(C) Carrying and displaying weapons. No person in this City shall wear
or carry concealed about his person any pistol, revolver, slingshot,
metallic knuckles, bowie knife, dirk, razor, chemical mace or like
substance, or other dangerous or deadly weapons, or display or flourish
any such weapon in a boisterous or threatening manner; provided that
the provisions of this subsection shall not be held to apply to any
peace officer while in the discharge of his duty, nor to any person
summoned by an officer to aid him in making any arrest or preserving
the peace.
(D) Discharging firearms; setting bonfires. No person shall fire or discharge,
within the City, any cannon, anvil, gun, pistol, air rifle, or firearm,
or shall make or kindle any bonfire; provided that the discharge of
firearms, the making of bonfires upon national holidays and in the
celebration of other public and general events, or the discharge of
blank cartridges by a military company when on parade and in command
of the commanding officer, or the discharge of firearms by any City
officer or other person in the discharge of any legal duty, when the
same is done in such manner as not to endanger the safety of any person
or injure any property, shall not be deemed a violation of this subsection,
nor shall the discharge of firearms in duly licensed shooting galleries.
It shall be unlawful to blow or cause to be sounded any steam
whistle of any stationary engine or steam engine in the City except
as a signal for starting or stopping work or in emergencies to avoid
or prevent injury to persons or property.
(A) It shall be unlawful to deposit or leave any refuse or material in
such a place or condition that it can be blown by the wind so as to
be scattered or cause clouds of dust or particles; and it shall be
unlawful to permit the escape of soot, ashes or other solid products
or results of combustion so as to be wind-blown or scattered.
(B) It shall be unlawful to throw, dump, or otherwise place rubbish upon
any street, sidewalk, alley, highway, parkway, parking lot, public
grounds, or any improved or unimproved property in the City.
(C) For the purpose of this subsection, the term "rubbish" shall mean
and include ashes, garbage, refuse of any kind, tins, bottles, glass
containers, unused food parcels, papers or any other inert material
commonly known as "litter."
It shall be unlawful for any person to place or keep on any
window sill, porch or other projection above the first story of any
building abutting on any sidewalk any article which might do injury
by falling upon any person on the sidewalk in front of such building,
unless said articles are securely fastened or protected by screens.
[Added 4-12-2005 by Ord.
No. 2-2005]
(A) Except as otherwise authorized by or licensed through the Cannabis
Regulation and Tax Act or the Compassionate Use of Medical Cannabis Pilot Program
Act, it shall be unlawful for any person to exhibit, sell,
display for sale, offer to sell, give away, offer to give away, or
have in his possession with or without intent to give away, any paraphernalia,
articles or equipment, as further defined in Subsection (B), commonly
used in aiding the consumption or ingestion of cannabis or a controlled
substance as defined by § 570/102(f) of the Controlled Substances
Act, 720 ILCS 570/100 et seq., except where such articles or equipment
are prescribed for strictly medical purposes and are used as such.
[Amended 8-13-2019 by Ord. No. 08-2019]
(B) The term "paraphernalia, articles or equipment commonly used in aiding
the consumption or ingestion of controlled substances or cannabis"
shall include, but is not limited to, the following enumerated articles:
cocaine spoons, pot pipes, water pipes, hypodermic needles, syringes
and miscellaneous literature describing the consumption or ingestion
of a controlled substance or cannabis which tends to promote the use
of a controlled substance or cannabis.
(C) Penalties.
[Added 1-9-2018 by Ord.
No. 2-2018]
(1)
A police officer may, in lieu of filing a criminal complaint, issue a violation notice to a person in violation of this section, which shall be administered through Chapter
19, Miscellaneous Offenses, Article 6, Administrative Adjudication of Nonvehicular Code Violations, of the Municipal Code of Hometown. Any person found to have violated this section shall be fined no less than $200.
(2)
Any person issued the citation for a violation of this section
shall appear at the scheduled administrative hearing written on the
citation; provided, however, no appearance is necessary at the administrative
hearing if the person cited delivers t the City payment in the fine
amount specified above no later than 10 days prior to the scheduled
administrative hearing date. In the event the person cited contests
the violation and is found liable, or fails to appear at the administrative
hearing, the violator shall pay the fine amount assessed by the hearing
officer no later than the date the finding of liability is entered.
Failure to pay the fine amount in the time prescribed in the preceding
sentence shall result in the fine being doubled, but in no event in
an amount to exceed $750.
[Added 4-12-2005 by Ord.
No. 2-2005]
(A) Except as otherwise authorized in the Cannabis Regulation and Tax
Act, it shall be unlawful for any person, except a registered
qualifying medical cannabis patient or caregiver under the Compassionate
Use of Medical Cannabis Pilot Program Act, to possess any product containing cannabis.
[Amended 11-22-2016 by Ord. No. 7-2016; 8-13-2019 by Ord. No. 08-2019]
(B) "Cannabis" includes marijuana, hashish and other substances which
are identified as including any parts of the plant Cannabis Sativa,
whether growing or not; the seeds thereof, the resin extracted from
any part of such plant; and any compound, manufacture, salt, derivative,
mixture or preparation of such 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 such
plant, fiber produced from such stalks, oil or cake made from the
seeds of such plant, any other compound, manufacture, salt, derivative,
mixture, or preparation of such mature stalks (except the resin extracted
therefrom), fiber, oil or cake, or the sterilized seed of such plant
which is incapable of germination.
(C) Penalties.
[Amended 3-24-2009 by Ord. No. 3-2009; 1-9-2018 by Ord. No. 1-2018; 10-12-2021 by Ord. No. 7-2021]
(1)
A police officer may, in lieu of filing a criminal complaint, issue a violation notice to a person in violation of this section, which shall be administered through Chapter
19, Miscellaneous Offenses, Article 6, Administrative Adjudication of Nonvehicular Code Violations, of the Municipal Code of Hometown, provided the amount of cannabis in the person's possession does not exceed 100 grams. Any person found to have violated this section shall be fined no less than the amounts set forth below, which shall be graduated based upon the amount of cannabis found to be in that person's possession:
(b)
More than 10 grams and not more than 30 grams: $200.
(c)
More than 30 grams and not more than 50 grams: $300.
(d)
More than 50 grams and not more than 75 grams: $400.
(e)
More than 75 grams and not more than 100 grams: $500.
(2)
Any person issued the citation for a violation of this section
shall appear at the scheduled administrative hearing written on the
citation; provided, however, no appearance is necessary at the administrative
hearing if the person cited delivers to the City payment in the fine
amount specified above no later than 10 days' prior to the scheduled
administrative hearing date. In the event the person cited contests
the violation and is found liable, or fails to appear at the administrative
hearing, the violator shall pay the fine amount assessed by the hearing
officer no later than the date the finding of liability is entered.
Failure to pay the fine amount in the time prescribed in the preceding
sentence shall result in the fine being doubled, but in no event in
an amount to exceed $750.
[Added 7-26-2011 by Ord.
No. 5-2011]
(A) Definitions. For purposes of this section, the following definitions
shall apply unless the context clearly indicates or requires a different
meaning:
PRODUCT CONTAINING A SYNTHETIC CANNABINOID OR SYNTHETIC STIMULANT
or PRODUCT(S)
Any product containing a synthetic cannabinoid or a synthetic
stimulant, as those terms are defined herein, such as, but not limited
to, the following brand names or identifiers: Spice, Chronic Spice,
Spice Gold, Spice Silver, K2, K2 Sky, K2 Solid Sex, K2 Orisha, K2
Amazonian Shelter, K2 Thai Dream, K3, K3 Legal, Stinger, Red X Dawn,
Spike 99, Spicylicious, Zohai, Serenity, Genie, Yucatan Fire, Earthquake,
Mystery, Black Mamba, Mr. Nice Guy, Skunk, Pulse, Ivory Wave, Pure
Ivory, Purple Wave, Vanilla Sky, Bliss, Meow Meow, Zoom, Sextacy,
Molly's Plant Food, Purple Monkey Plant Food, Buzz Grow, 4MMC, m-Cat
and Energy 1.
SYNTHETIC CANNABINOID
Any laboratory-created compound that functions similar to
the active ingredient in marijuana, tetrahydrocannabinol (THC), including,
but not limited to, any quantity of a natural or synthetic material,
compound, mixture, preparation, substance and their analog (including
isomers, esters, ethers, salts, and salts of isomers) containing a
cannabinoid receptor agonist, such as:
|
JWH-007 [1-pentyl-2-methyl-3-(1-naphthoyl) indole]
|
|
JWH-015 [(2-methyl-1-propyl-1H-indol-3-yl)-1-naphthalenylmethanone]
|
|
JWH-018 [1-pentyl-3-(1-naphthoyl) indole]
|
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JWH-019 [1-hexyl-3-(naphthalen-1-oyl) indole]
|
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JWH-073 [naphthalen-1-yl-(1-butylindol-3-yl) methanone]
|
|
JWH-081 [4-methoxynaphthalen-1-yl-(1-pentylindol-3-yl) methanone]
|
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JWH-098 [4-methoxynaphthalen-1-yl-(1-pentyl-2-methylindol-3-yl)
methanone]
|
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JWH-122 [1-pentyl-3-(4-methyl-1-naphthoyl) indole]
|
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JWH-164 [7-methoxynaphthalen-1-yl-(1-pentylindol-3-yl) methanone]
|
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JWH-200 [1-(2-morpholin-4-ylethyl)indol-3-yl)-naphthalen-1-ylmethanone]
|
|
JWH-203 [2-(2-chlorophenyl)-1-(1-pentylindol-3-yl)ethanone]
|
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JWH-210 (4-ethylnaphthalen-1-yl-(1-pentylindol-3-yl)methanone
|
|
JWH-250 [1-pentyl-3-(2-methoxyphenylacetyl) indole]
|
|
JWH-251 [1-pentyl-3-(2-methylphenylacetyl) indole]
|
|
JWH-398 [1-pentyl-3-(4-chloro-1-naphthoyl) indole]
|
|
HU-210 [6aR, 10aR)-9-(hydroxymethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)-6a,
7,10,10a-tetrahydrobenzo [c]chromen-1-ol]
|
|
HU-211 ([(6aS, 10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,
7,10,10a-tetrahydrobenzo [c]chromen-1-ol]
|
|
HU-308 ([(1R, 2R, 5R)-2-[2, 6-dimethoxy-4-(2-methyloctan-2-yl)phenyl]-7,
7-dimethyl-4-bicyclo [3.1.1]hept-3-enyl] methanol)
|
|
HU-331 ((3-hydroxy-2-[(1R, 6R)-3-methyl-6-(1-methylethenyl)-2-cyclohexen-1-yl]-5-
pentyl-2, 5-cyclohexadiene-1, 4-dione)
|
|
CP 55,940 (2-[(1R,2R,5R)-5-hydroxy-2-(3-hydroxypropyl) cyclohexyl]-5-(2-methyl-
octan-2-yl)phenol)
|
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CP 47,497 (2-[(1R,3S)-3-hydroxycyclohexyl]- 5- (2-methyloctan-2-yl)phenol)
and its homologues
|
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WIN 55,212-2 [(R)-(+)-[2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo
[1, 2, 3-de)-1, 4-benzoxazin-6-yl]-1-nepthalenylmethanone]
|
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RCS-4 [(4-methoxyphenyl)(1-pentyl-1H-indol-3-yl) methanone]
|
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RCS-8 (1-(1-(2-cyclohexylethyl)-1H-indol-3-yl)-2-(2-methoxyphenyl)
ethanone)
|
SYNTHETIC STIMULANT
Any compound that mimics the effects of any federally controlled
Schedule I substance such as cathinone, methcathinone, MDMA and MDEA,
including, but not limited to, any quantity of a natural or synthetic
material, compound, mixture, preparation, substance and their analog
(including salts, isomers, and salts of isomers) containing substances
which have a stimulant effect on the central nervous system, such
as:
|
3-Fluoromethcathinone
|
|
4-Fluoromethcathinone
|
|
3,4-Methylenedioxymethcathinone (other name: methylone, MDMC)
|
|
3,4-Methylenedioxypyrovalerone (other name: MDPV)
|
|
4-Methylmethcathinon (other names: mephedrone, 4-MMC)
|
|
4-Methoxymethcathinone (other names: methedrone, bk-PMMA, PMMC)
|
|
4-Ethylmethcathinone (other name: 4-EMC)
|
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Beta-keto-N-methylbenzodioxyolylpropylamine (other names: butylone,
bk-MBDB)
|
|
Napthylpyrovalerone (other names: naphyrone, NRG-1)
|
|
Any compound that is structurally derived from 2-amino-1-phenyl-1-propanone
by modification or substitution in any of the following ways:
|
|
—
|
In the phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy,
haloalkyl, or halide substituents, whether or not further substituted
in the phenyl ring by 1 or more other univalent substituents;
|
|
—
|
At the 3-position with an alkyl substituent;
|
|
—
|
At the nitrogen atom with alkyl, dialkyl, benzyl, or methoxybenzyl
groups; or by inclusion of the nitrogen atom in a cyclic structure.
|
(B) Sale or delivery. It shall be unlawful for any person to sell, offer
for sale or deliver any product containing a synthetic cannabinoid
or a synthetic stimulant.
(C) Possession. It shall be unlawful for any person to knowingly possess
a product containing a synthetic cannabinoid or a synthetic stimulant
with the intent of using the product for ingestion, consumption, inhaling,
or intravenous use. In determining intent under this subsection, a
trier of fact may take into consideration, among other things: the
proximity of the product to drug paraphernalia; the presence of the
product on or within drug paraphernalia; the proximity of the product
to a different controlled substance; and whether or not the individual
in possession of the product is exhibiting physical effects commonly
associated with being under the influence of a controlled substance.
(D) Use. It shall be unlawful for any person to be under the influence
of a synthetic cannabinoid or a synthetic stimulant.