[HISTORY: Adopted by the Board of Trustees of the Village
of Oakwood as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 114.
[Adopted 3-14-2005 by Ord. No. 05-3-14-1 (Title 9, Ch. 9.34, of the 1980
Code)]
As used in this article, the following terms shall have the
meanings indicated:
Has the meaning ascribed to it in Section 3 of the Illinois
Cannabis Control Act (720 ILCS 550/3).
Has the meaning ascribed to it in Section 2 of the Illinois
Drug Paraphernalia Control Act (720 ILCS 600/2).[1]
A.
It shall be unlawful for any person to knowingly possess 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.
A.
This article
shall not apply to:
(1)
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.
(2)
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.
B.
In determining whether or not a particular item is exempt under this
section, the trier of fact should consider, in addition to all other
logically relevant factors, the following:
(1)
The general, usual, customary, and historical use to which the item
involved has been put;
(2)
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;
(3)
Any written instructions accompanying the delivery of the item concerning
the purposes or uses to which the item can or may be put;
(4)
Any oral instructions provided by the seller of the item at the time
and place of sale or commercial delivery;
(5)
Any national or local advertising concerning the design, purpose
or use of the item involved, and the entire context in which such
advertising occurs;
(6)
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;
(7)
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;
(8)
The existence and scope of legitimate uses for the object in the
community.
Any person who violates this article shall be subject to a fine
of up to $150 plus court costs for the first offense and up to $750
plus court costs for the second and any subsequent offenses.
[Adopted 4-9-2012 by Ord.
No. 12-04-09-1 (Title 9, Ch. 9.80, of the 1980 Code)]
It is unlawful for any person to possess or distribute within
the Village of Oakwood any controlled substance otherwise than as
authorized by the Illinois Controlled Substances Act (720 ILCS 570/100
et seq.).
It is unlawful for any person to possess or distribute within
the Village of Oakwood any amount of cannabis otherwise than as authorized
by the Cannabis Control Act (720 ILCS 550/1 et seq.).
As used in this article, the following terms shall have the
meanings indicated:
Any substance defined as cannabis in the Cannabis Control
Act [720 ILCS 550/3(a)].
Any substance defined as a controlled substance in the Illinois
Controlled Substances Act [720 ILCS 570/102(f)].
[Amended 11-10-2014 by Ord. No. 14-11-10-3]
Anyone found guilty of a violation of this article shall pay
a fine of $750 for the first offense and $1,000 for each subsequent
offense.
