Village of Coal City, IL Public Morals Offenses

Elements of the offense. A person commits obscenity when, with knowledge of the nature or content thereof, or recklessly failing to exercise reasonable inspection which would have disclosed the nature or content thereof, he or she:

(1)

Sells, delivers, or provides, or offers or agrees to sell, deliver, or provide any obscene writing, picture, record, or other representation or embodiment of the obscene;

(2)

Presents or directs an obscene play, dance or other performance or participates directly in that portion thereof which makes it obscene;

(3)

Publishes, exhibits, or otherwise makes available anything obscene;

(4)

Performs an obscene act or otherwise presents an obscene exhibition of his or her body for gain;

(5)

Creates, buys, procures, or possesses obscene matter or material with intent to disseminate it in violation of this section, or of the penal laws or regulations of any other jurisdiction; or

(6)

Advertises or otherwise promotes the sale of material represented or held out by him or her to be obscene, whether or not it is obscene.

Obscene defined. Any material or performance is obscene if:

(1)

The average person, applying contemporary adult community standards, would find that, taken as a whole, it appeals to the prurient interest;

(2)

The average person, applying contemporary adult community standards, would find that it depicts or describes, in a patently offensive way, ultimate sexual acts or sadomasochistic sexual acts, whether normal or perverted, actual or simulated, or masturbation, excretory functions, or lewd exhibition of the genitals; and

(3)

Taken as a whole, it lacks serious literary, artistic, political, or scientific value.

Interpretation of evidence.

(1)

Obscenity shall be judged with reference to ordinary adults, except that it shall be judged with reference to children or other specially susceptible audiences if it appears from the character of the material or the circumstances of its dissemination to be specially designed for or directed to such an audience.

(2)

Where circumstances of production, presentation, sale, dissemination, distribution, or publicity indicate that material is being commercially exploited for the sake of its prurient appeal, such evidence is probative with respect to the nature of the matter and can justify the conclusion that the matter is lacking in serious literary, artistic, political, or scientific value.

(3)

In any prosecution for an offense under this section, evidence shall be admissible to show:

(a)

The character of the audience for which the material was designed or to which it was directed;

(b)

What the predominant appeal of the material would be for ordinary adults or a special audience, and what effect, if any, it would probably have on the behavior of such people;

(c)

The artistic, literary, scientific, educational, or other merits of the material, or absence thereof;

(d)

The degree, if any, of public acceptance of the material in this state;

(e)

Appeal to prurient interest, or absence thereof, in advertising or other promotion of the material;

(f)

Purpose of the author, creator, publisher, or disseminator.

Prima facie evidence. The creation, purchase, procurement, or possession of a mold, engraved plate, or other embodiment of obscenity specially adapted for reproducing multiple copies, or the possession of more than three copies of obscene material shall be prima facie evidence of an intent to disseminate.

Affirmative defenses. It shall be an affirmative defense to obscenity that the dissemination:

(1)

Was not for gain and was made to personal associates other than children under 18 years of age;

(2)

Was to institutions or individuals having scientific or other special justification for possession of such material.

(ILCS Ch. 720, Act 5, § 11-20)

§ 134-3 Harmful material.

For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

DISTRIBUTE

Transfer possession of, with or without consideration.

HARMFUL TO MINORS

That quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when, taken as a whole, it:

(1)

Predominately appeals to the prurient interest in sex of minors,

(2)

Is patently offensive to prevailing standards in the adult community in the state as 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 knowledge of the contents of the subject matter, or recklessly failing to exercise reasonable inspection which would have disclosed the contents.

MATERIAL

(1)

Any picture, photograph, drawing, sculpture, film, video game, computer game, video or similar visual depiction, including any such representation or image which is stored electronically; or

(2)

Any book, magazine, printed matter however reproduced, or recorded audio of any sort.

MINOR

Any person under the age of 18.

NUDITY

The showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state.

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 clothed for sexual gratification or stimulation.

SEXUAL CONDUCT

Acts of masturbation, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person be a female, breast.

SEXUAL EXCITEMENT

The condition of human male or female genitals when in a state of sexual stimulation or arousal.

A person is guilty of distributing harmful material to a minor when he or she:

(1)

Knowingly sells, lends, distributes, or gives away to a minor, knowing that the minor is under the age of 18 or failing to exercise reasonable care in ascertaining the person's true age:

(a)

Any material which depicts nudity, sexual conduct or sadomasochistic abuse, or which contains explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sadomasochistic abuse, and which, taken as a whole, is harmful to minors;

(b)

A motion picture, show, or other presentation which depicts nudity, sexual conduct or sadomasochistic abuse and is harmful to minors; or

(c)

An admission ticket or pass to premises where there is exhibited or to be exhibited such a motion picture, show, or other presentation; or

(2)

Admits a minor to premises where there is exhibited or to be exhibited such a motion picture, show, or other presentation, knowing that the minor is a person under the age of 18 or failing to exercise reasonable care in ascertaining the person's true age.

In any prosecution arising under this section, it is an affirmative defense:

(1)

That the minor as to whom the offense is alleged to have been committed exhibited to the accused a draft card, driver's license, birth certificate or other official or apparently official document purporting to establish that the minor was 18 years of age or older, which was relied upon by the accused;

(2)

That the defendant was in a parental or guardianship relationship with the minor or that the minor was accompanied by a parent or legal guardian;

(3)

That the defendant was a bona fide school, museum, or public library, or was a person acting in the course of his or her employment as an employee or official of such organization or retail outlet affiliated with and serving the educational purpose of such organization;

(4)

That the act charged was committed in aid of legitimate scientific or educational purposes; or

(5)

That an advertisement of harmful material as defined in this section culminated in the sale or distribution of such harmful material to a child under circumstances where there was no personal confrontation of the child by the defendant, his employees, or agents, as where the order or request for such harmful material was transmitted by mail, telephone, Internet or similar means of communication, and delivery of such harmful material to the child was by mail, freight, Internet or similar means of transport, which advertisement contained the following statement, or a substantially similar statement, and that the defendant required the purchaser to certify that he or she was not under the age of 18 and that the purchaser falsely stated that he or she was not under the age of 18:

	NOTICE
	It is unlawful for any person under the age of 18 to purchase the matter advertised. Any person under the age of 18 that falsely states that he or she is not under the age of 18 for the purpose of obtaining the material advertised is guilty of a Class B misdemeanor under the laws of the state.

The predominant appeal to prurient interest of the material shall be judged with reference to average children of the same general age of the child to whom such material was sold, lent, distributed or given, unless it appears from the nature of the matter or the circumstances of its dissemination or distribution that it is designed for specially susceptible groups, in which case the predominant appeal of the material shall be judged with reference to its intended or probable recipient group.

Distribution of harmful material in violation of this section is a Class A misdemeanor. A second or subsequent offense is a Class 4 felony.

Any person under the age of 18 who falsely states, either orally or in writing, that he or she is not under the age of 18, or who presents or offers to any person any evidence of age and identity that is false or not actually his or her own for the purpose of ordering, obtaining, viewing, or otherwise procuring or attempting to procure or view any harmful material is guilty of a Class B misdemeanor.

A person over the age of 18 who fails to exercise reasonable care in ascertaining the true age of a minor, knowingly distributes to, or sends, or causes to be sent, or exhibits to, or offers to distribute, or exhibits any harmful material to a person that he or she believes is a minor is guilty of a Class A misdemeanor. If that person utilized a computer web camera, cellular telephone or any other type of device to manufacture the harmful material, then each offense is a Class 4 felony.

Telecommunications carriers, commercial mobile service providers and providers of information services, including, but not limited to, Internet service providers and hosting service providers, are not liable under this section, except for willful and wanton misconduct, by virtue of the transmission, storage or caching of electronic communications or messages of other related telecommunications, commercial mobile services or information services used by others in violation of this section.

(ILCS Ch. 720, Act 5, § 11-21)

§ 134-4 Solicitation for immoral purposes.

[Amended 7-27-2016 by Ord. No. 16-16]

It shall be unlawful for any person to approach or solicit any person or offer herself or himself to any person for immoral purposes upon any public street or in any other public place in the Village.

§ 134-5 Disorderly houses.

Keeping house of ill fame. It shall be unlawful for any person within the Village to keep or maintain directly or indirectly any bawdy or disorderly house, house of ill fame or assignation, or place for the practice of fornication or adultery.

Leasing premises for immoral purposes. It shall be unlawful for any person to lease, let, or permit any building or premises within the Village owned by him or her or under his or her control to be used in whole or in part as a house of ill fame or of assignation, or place for the practice of fornication or adultery; to lease any building or premises for a lawful purpose that may afterwards with his or her knowledge be converted in whole or in part into the immoral uses and purposes above set forth in this section; and fail to cause the same to be immediately vacated upon gaining knowledge thereof.

Inmate of house of ill fame. It shall be unlawful for any person to be an inmate or occupant of, or to frequent or be found in any bawdy house, house of ill fame or of assignation, or place used for the practice of fornication or adultery within the Village.

§ 134-6 Dogfights and cockfights.

It shall be unlawful for any person to keep or use or be in any way connected with the management, either as owner, trainer, spectator, or employee, or in any other capacity, of any place kept or used for the fighting, training, or baiting of any dog, cock, or other animal; or to permit such place to be kept or used on premises owned, rented, or controlled by him or her; or to frequent or be found therein for the purpose of witnessing or betting upon such fighting or baiting within the Village.

§ 134-7 Cannabis control.

[Amended 7-27-2016 by Ord. No. 16-16; 9-14-2016 by Ord. No. 16-23; 12-11-2019 by Ord. No. 19-47]

Personal use of cannabis.

(1)

Beginning January 1, 2020, except as otherwise provided in the Cannabis Regulation and Tax Act (the "Act"),[1] the following acts are prohibited in the Village:

(a)

Possession, consumption, use, purchase, obtaining, or transporting an amount of cannabis for personal use that exceeds the possession limit under Section 10-10 of the Act[2] or otherwise not in accordance with the requirements of the Act;

[2]

Editor's Note: See 410 ILCS 705/10-10.

(b)

Cultivation of cannabis for personal use not in accordance with the requirements of the Act; and

(c)

Controlling property if actions that are authorized by the Act occur on the property not in accordance with the Act.

[1]

Editor's Note: See 410 ILCS 705/1-1 et seq.

(2)

Except as otherwise provided in the Cannabis Regulation and Tax Act, it is unlawful for any person knowingly to possess cannabis.

(3)

Except as otherwise provided in the Cannabis Regulation and Tax Act, it is unlawful for any person knowingly to manufacture, deliver, or possess with intent to deliver, or manufacture, cannabis.

Personal use of cannabis; restrictions on cultivation; penalties.

(1)

Any person other than a registered qualifying patient under the Compassionate Use of Medical Cannabis Program Act[3] who cultivates cannabis plants is liable for penalties provided by this section.

[3]

Editor's Note: See 410 ILCS 130/1 et seq.

(2)

Any registered qualifying patient under the Compassionate Use of Medical Cannabis Program Act who: a) cultivates cannabis plants in violation of Section 10-5 of the Cannabis Regulation and Tax Act;[4] b) cultivates more than the allowable number of cannabis plants; or c) sells or gives away cannabis plants, cannabis, or cannabis-infused products produced under Section 10-5 of the Cannabis Regulation and Tax Act is liable for penalties as provided by this section.

[4]

Editor's Note: See 410 ILCS 705/10-5.

Persons under 21 years of age.

(1)

The transfer of cannabis, with or without remuneration, to a person under 21 years of age, or allowing a person under 21 years of age to purchase, possess, use, process, transport, grow, or consume cannabis except where authorized by the Compassionate Use of Medical Cannabis Pilot Program Act or by the Community College Cannabis Vocational Pilot Program is prohibited.

(2)

It is unlawful for any person under 21 years of age knowingly to possess cannabis, except under provisions of law authorizing the possession of medical cannabis.

(3)

It is unlawful for any parent or guardian to knowingly permit his or her residence, any other private property under his or her control, or any vehicle, conveyance, or watercraft under his or her control to be used by an invitee of the parent's child or the guardian' s ward, if the invitee is under the age of 21, in a manner that constitutes a violation of this section. A parent or guardian is deemed to have knowingly permitted his or her residence, any other private property under his or her control, or any vehicle, conveyance, or watercraft under his or her control to be used in violation of this section if he or she knowingly authorizes or permits consumption of cannabis by underage invitees. In this subsection, where the residence or other property has an owner and a tenant or lessee, the trier of fact may infer that the residence or other property is occupied only by the tenant or lessee.

Prohibited conduct.

(1)

No person may engage in the following conduct:

(a)

Possessing cannabis:

[1]

In a school bus, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act;

[2]

On the grounds of any preschool or primary or secondary school, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act;

[3]

In any correctional facility;

[4]

In a vehicle not open to the public unless the cannabis is in a reasonably secured, sealed container and reasonably inaccessible while the vehicle is moving; or

[5]

In a private residence that is used at any time to provide licensed child care or other similar social service care on the premises;

(b)

Using cannabis:

[1]

In a school bus, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act;

[2]

On the grounds of any preschool or primary or secondary school, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act;

[3]

In any correctional facility;

[4]

In any motor vehicle;

[5]

In a private residence that is used at any time to provide licensed child care or other similar social service care on the premises;

[6]

In any public place; or

[7]

Knowingly in close physical proximity to anyone under 21 years of age who is not a registered medical cannabis patient under the Compassionate Use of Medical Cannabis Program Act;

(c)

Smoking cannabis in any place where smoking is prohibited under the Smoke Free Illinois Act;[5]

[5]

Editor's Note: See 410 ILCS 82/1 et seq.

(d)

Operating, navigating, or being in actual physical control of any motor vehicle, aircraft, or motorboat while using or under the influence of cannabis in violation of Section 11-501 or 11-502.1 of the Illinois Vehicle Code;[6]

[6]

Editor's Note: See, respectively, 625 ILCS 5/11-501 and 625 ILCS 5/11-502.1.

(e)

Facilitating the use of cannabis by any person who is not allowed to use cannabis under this section or the Compassionate Use of Medical Cannabis Pilot Program Act;

(f)

Transferring cannabis to any person contrary to the Act or the Compassionate Use of Medical Cannabis Program Act;

(g)

The use of cannabis by a law enforcement officer, corrections officer, probation officer, or firefighter while on duty; or

(h)

The use of cannabis by a person who has a school bus permit or a commercial driver's license while on duty.

As used in this section, "public place" means any place where a person could reasonably be expected to be observed by others. "Public place" includes all parts of buildings, owned in whole or in part, or leased, by the state or a unit of local government. "Public place" does not include a private residence unless the private residence is used to provide licensed child care, foster care, or other similar social service care on the premises.

Cannabis waste.

(1)

Any recyclable waste generated by a cultivator for personal use must be recycled per applicable state and local laws, ordinances, and rules.

(2)

Any cultivator for personal use must store, secure, and manage all recyclables and waste, including organic waste composed of or containing finished cannabis and cannabis products, in accordance with applicable state and local laws, ordinances, and rules.

(3)

Cannabis and cannabis-infused product waste must be destroyed by rendering it unusable following the methods set forth in this section. The allowable method to render cannabis waste unusable is by grinding and incorporating the cannabis waste with other ground materials so the resulting mixture is at least 50% noncannabis waste by volume. Material used to grind with the cannabis falls into two categories: compostable waste and noncompostable waste.

(a)

Compostable mixed waste. Cannabis waste to be disposed as compost feedstock or in another organic waste method (for example, anaerobic digester) may be mixed with the following types of waste materials:

[1]

Food waste;

[2]

Yard waste; or

[3]

Other approved wastes (e.g., agricultural material, biodegradable products and paper, clean wood, fruits and vegetables, plant matter).

(b)

Noncompostable mixed waste. Cannabis waste to be disposed in a landfill or by another disposal method may be mixed with the following types of waste materials:

Paper waste;

Cardboard waste;

Plastic waste;

Soil; or

Other approved wastes (e.g., nonrecyclable plastic, broken glass, leather).

(4)

Cannabis waste rendered unusable following the methods described in this section can be disposed of. Disposal of the cannabis waste rendered unusable may be delivered to a permitted solid waste facility for final disposition. Examples of acceptable permitted solid waste facilities include:

(a)

Compostable mixed waste: compost, anaerobic digester or other facility with approval of the jurisdictional Health Department.

(b)

Noncompostable mixed waste: landfill, incinerator or other facility with approval of the jurisdictional Health Department.

Cannabis advertising.

(1)

No cannabis business establishment nor any other person or entity shall engage in advertising that contains any statement or illustration that:

(a)

Is false or misleading;

(b)

Promotes overconsumption of cannabis or cannabis products;

(c)

Depicts the actual consumption of cannabis or cannabis products;

(d)

Depicts a person under 21 years of age consuming cannabis;

(e)

Makes any health, medicinal, or therapeutic claims about cannabis or cannabis-infused products;

(f)

Includes the image of a cannabis leaf or bud; or

(g)

Includes any image designed or likely to appeal to minors, including cartoons, toys, animals, or children, or any other likeness to images, characters, or phrases that is designed in any manner to be appealing to or encourage consumption by persons under 21 years of age.

(2)

No cannabis business establishment or any other person or entity shall place or maintain, or cause to be placed or maintained, an advertisement of cannabis or a cannabis-infused product in any form or through any medium:

(a)

Within 1,000 feet of the perimeter of school grounds, a playground, a recreation center or facility, a child-care center, a public park or public library, or a game arcade to which admission is not restricted to persons 21 years of age or older;

(b)

On or in a public transit vehicle or public transit shelter;

(c)

On or in publicly owned or publicly operated property; or

(d)

That contains information that:

[1]

Is false or misleading;

[2]

Promotes excessive consumption;

[3]

Depicts a person under 21 years of age consuming cannabis;

[4]

Includes the image of a cannabis leaf; or

[5]

Includes any image designed or likely to appeal to minors, including cartoons, toys, animals, or children; or any other likeness to images, characters, or phrases that are popularly used to advertise to children, or any imitation of candy packaging or labeling, or that promotes consumption of cannabis.

(3)

Subsection F(1) and (2) do not apply to an educational message.

(4)

Sales promotions. No cannabis business establishment nor any other person or entity may encourage the sale of cannabis or cannabis products by giving away cannabis or cannabis products, by conducting games or competitions related to the consumption of cannabis or cannabis products, or by providing promotional materials or activities of a manner or type that would be appealing to children.

Preemption.

(1)

This section should not be construed to regulate or license the activities described in the Cannabis Regulations and Tax Act, except as otherwise provided in the Act.

(2)

This section should not be construed to regulate the activities described in paragraphs (1), (2), or (3) of Section 55-25 of the Cannabis Regulation and Tax Act[7] in a manner more restrictive than the regulation of those activities by the state under the Act.

[7]

Editor's Note: See 410 ILCS 705/55-25(1), (2), and (3).

(3)

In the event of a conflict between this section and the Act and its administrative rules, the Act and its rules will prevail.

Penalties.

(1)

Except as otherwise provided, any person who shall violate this § 134-7 or any of its subsections shall, on conviction thereof, be punished by a fine of $250 upon conviction for the first violation, $500 for a second conviction within one year of the initial violation and $750 for the third and each subsequent conviction stemming from a violation within one year of the initial violation.

(2)

Violation of Subsection E or F shall, on conviction thereof, be punished by a fine of $750. The Village may also abate violations of Subsection E or F as public nuisances following written notice to the violator and may seek injunctive relief.

(3)

Each day any violation of any provision of this code or any ordinance continues shall constitute a separate offense, and a separate fine shall be assessed for each day, or part thereof, that the violation continues.

§ 134-8 Possession of drug paraphernalia.

[Added 9-14-2016 by Ord. No. 16-23; amended 12-11-2019 by Ord. No. 19-47]

For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

CANNABIS

Shall have the meaning ascribed to it in § 134-7 of the Village Code, as though fully set forth herein.

CONTROLLED SUBSTANCE

Shall have the meaning ascribed to it in Section 2(b) of the Drug Paraphernalia Control Act, 720 ILCS 600/2(b), as amended.

DELIVER or DELIVERY

Shall have the meaning ascribed to it in Section 2(c) of the Drug Paraphernalia Control Act, 720 ILCS 600/2(c), as amended.

DRUG PARAPHERNALIA

Shall have the meaning ascribed to it in Section 2(d) of the Drug Paraphernalia Control Act, 720 ILCS 600/2(d), as amended.

Unlawful possession of drug paraphernalia:

(1)

It shall be unlawful for a person who knowingly possesses an item of drug paraphernalia with the intent to use it in ingesting, inhaling, or otherwise introducing cannabis or a controlled substance into the human body, or in preparing cannabis or a controlled substance for that use. This prohibition shall not apply to a person who is legally authorized to possess hypodermic syringes or needles under the Hypodermic Syringes and Needles Act[1] or anyone who is in lawful possession of paraphernalia as an authorized cardholder in accordance with the Compassionate Use of Medical Cannabis Program Act, 410 ILCS 130/1 et seq., or a successor statute or to the use of cannabis authorized by the Cannabis Regulation and Tax Act.[2]

[1]

Editor's Note: See 720 ILCS 635/0.09 et seq.

[2]

Editor's Note: See 410 ILCS 705/1-1 et seq.

(2)

In determining intent under Subsection B(1), the trier of fact may take into consideration, in addition to all other logically relevant factors, the proximity of the controlled substances to drug paraphernalia or the presence of a controlled substance on the drug paraphernalia, statements by any person in control of the object concerning its use, direct or circumstantial evidence of the intent of any person in control of the object, and the existence and scope of legitimate uses for the object.

If a person is convicted of violating § 134-8B(1) in connection with possession of a cannabis-related paraphernalia other than as authorized under the Cannabis Regulation and Tax Act and Compassionate Use of Medical Cannabis Program Act, then such person shall be fined in an amount not less than $100 and not more than $200 for each such violation.

If a person is convicted of violating § 134-8B(1) in connection with possession of paraphernalia related to a controlled substance other than cannabis, then such person shall be fined $750 for each such violation.

In addition to the fines established by this section, violation of § 134-8D or E by a person or entity with a Village-issued business license may result in the suspension or revocation of any permit or license issued to the person for the premises on which the violation occurred.

Section 134-8 does not apply to:

(1)

Items used in the preparation, compounding, packaging, labeling, or other use of cannabis or a controlled substance as an incident to lawful research, teaching, or chemical analysis and not for sale.

(2)

Items historically and customarily used in connection with the planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, or inhaling of tobacco or any other lawful substance. Items exempt under this subsection include, but are not limited to, garden hoes, rakes, sickles, baggies, tobacco pipes, and cigarette rolling papers.

(3)

Items listed in the definitions in Subsection A which are used for decorative purposes, when such items have been rendered completely inoperable or incapable of being used for any illicit purpose prohibited by this section.

(4)

A person who is legally authorized to possess hypodermic syringes or needles under the Hypodermic Syringes and Needles Act.

(5)

Items used in connection with the lawful use of cannabis authorized by the Cannabis Regulation and Tax Act and Compassionate Use of Medical Cannabis Program Act.

Manufacture, sale or delivery of drug paraphernalia. Except as otherwise provided in 410 ILCS 130/ 1 et seq., it is unlawful for any person to manufacture, sell, offer for sale, display, furnish, deliver, or possess with intent to deliver drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of 720 ILCS 570/100 et seq. The prohibition contained in this subsection shall not apply to conduct related to drug paraphernalia used or intended for use in connection with cannabis as authorized by the Cannabis Regulation and Tax Act and Compassionate Use of Medical Cannabis Program Act.

Advertisement of drug paraphernalia. Except as otherwise provided in 410 ILCS 130/1 et seq., it is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. The prohibition contained in this subsection shall not apply to advertising in connection with the use of cannabis authorized by the Cannabis Regulation and Tax Act and Compassionate Use of Medical Cannabis Program Act.

Penalties.

(1)

In addition to the fines established by this section, violation of § 134-8H or I by a person or entity with a Village-issued business license may result in the suspension or revocation of any permit or license issued to the person for the premises on which the violation occurred.

(2)

§ 134-9 Sex offender registration requirements.

[Added 1-25-2023 by Ord. No. 23-02]

Any person who is defined as a sex offender or a sexual predator in the Illinois Sex Offender Registration Act, 730 ILCS 150/1 et seq. and who is required to register by Section 3 of that Act shall register with the Village Police Department in the manner specified in the Act and in accordance with the procedures established by the Department. Such person shall pay to the Police Department a $100 initial registration fee and a $100 annual renewal fee or such other fee set by the Act, if amended.

§ 134-99 Penalty.

[Added 7-27-2016 by Ord. No. 16-16]

Whoever violates any provisions of this chapter for which no other penalty is specified shall be subject to the penalty set forth in § 10-99 of the Code.