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Village of Westville, IL
Vermilion County
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Table of Contents
Table of Contents
No person shall, by violent conduct, disturb any police officer in the discharge of his duties; nor shall any person assault, strike, or fight with any police officer in the discharge of his/her duties or permit such conduct in or upon any house or premises in the Village owned or possessed by him/her or under his/her management and control. Abusive or vulgar language in the presence of an officer does not constitute a crime unless the language is directed at the officer and provokes a breach of the peace. (65 ILCS 5/11-1-1)
No person in the Village shall falsely represent himself to be an officer of the Village or shall, without being duly authorized by the Village, exercise or attempt to exercise any of the duties, functions or powers of the Village officer, or hinder, obstruct, resist or otherwise interfere with any Village officer in the discharge of the duties of his office. (65 ILCS 5/17-2)
It shall be unlawful for any person to willfully interrupt or disturb any funeral assembly, funeral procession, school, any assembly met for the worship of God or any other assembly met for a lawful purpose by any offensive behavior or by any disorderly conduct. (65 ILCS 5/11-5-2)
It shall be illegal for persons to assemble unlawfully in the following situations:
A. 
The use of force or violence disturbing the public peace by two or more persons acting together and without authority of law; or
B. 
The assembly of two or more persons to do an unlawful act; or
C. 
The assembly of two or more persons, without authority of law, for the purpose of doing violence to the person or property of anyone supposed to have been guilty of a violation of the law, or for the purpose of exercising correctional powers or regulative powers over any person by violence.
(720 ILCS 5/25-1; 65 ILCS 5/11-5-2)
No person shall disturb the peace of any individual or private family or of any lawful congregation within the Village by any noise or amusement, or by vulgar or profane language, or by any disorderly or unreasonable conduct. (65 ILCS 5/11-5-2)
It shall be unlawful for any person to fraudulently 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
No minor under 18 years of age shall possess or buy any cigar, cigarette, smokeless tobacco or tobacco in any of its forms. No person shall sell, buy for, distribute samples of or furnish any cigar, cigarette, smokeless tobacco or tobacco in any of its forms to any minor under 18 years of age. For the purpose of this section, "smokeless tobacco" is defined in § 260-10A.
B. 
No minor under 18 years of age, in the furtherance or facilitation of obtaining any tobacco product, shall display or use a false or forged identification card or transfer, alter, or deface an identification card.
C. 
Tobacco products listed above may be sold through a vending machine only if such tobacco products are not placed together with any nontobacco product, other than matches, in the vending machine and the vending machine is in any of the following locations:
(1) 
Places to which minors under 18 years of age are not permitted access.
(2) 
Places where alcoholic beverages are sold and consumed on the premises and vending machine operation is under the direct supervision of the owner or manager.
(3) 
Places where the vending machine can only be operated by the owner or an employee over age 18 either directly or through a remote control device if the device is inaccessible to all customers.
(720 ILCS 675/1)
D. 
The sale or distribution by any person of a tobacco product in this section, including but not limited to a single or loose cigarette, that is not contained within a sealed container, pack, or package as provided by the manufacturer, which container, pack, or package bears the health warning required by federal law, is prohibited.
E. 
It is not a violation of this section for a person under 18 years of age to purchase or possess a cigar, cigarette, smokeless tobacco or tobacco in any of its forms if the person under the age of 18 purchases or is given the cigar, cigarette, smokeless tobacco or tobacco in any of its forms from a retail seller of tobacco products or an employee of the retail seller pursuant to a plan or action to investigate, patrol, or otherwise conduct a "sting operation" or enforcement action against a retail seller of tobacco products or a person employed by the retail seller of tobacco products or on any premises authorized to sell tobacco products to determine if tobacco products are being sold or given to persons under 18 years of age if the "sting operation" or enforcement action is approved by, conducted by, or conducted on behalf of the Department of State Police, the Police Department, the Department of Revenue, the Department of Public Health, or the local health department. The results of any sting operation or enforcement action, including the name of the clerk, shall be provided to the retail seller within seven business days.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
For the purposes of this section, "alternative nicotine product" means a product or device not consisting of or containing tobacco that provides for the ingestion into the body of nicotine, whether by chewing, smoking, absorbing, dissolving, inhaling, snorting, sniffing, or by any other means. "Alternative nicotine product" excludes cigarettes, smokeless tobacco, or other tobacco products as these terms are defined in§ 260-9 and any product approved by the United States Food and Drug Administration as a nontobacco product for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for that approved purpose.
B. 
A person, either directly or indirectly by an agent or employee, or by a vending machine owned by the person or located in the person's establishment, may not sell, offer for sale, give, or furnish any alternative nicotine product, or any cartridge or component of an alternative nicotine product, to a person under 18 years of age.
C. 
Before selling, offering for sale, giving, or furnishing an alternative nicotine product, or any cartridge or component of an alternative nicotine product, to another person, the person selling, offering for sale, giving, or furnishing the alternative nicotine product shall verify that the person is at least 18 years of age by examining from any person that appears to be under 27 years of age a government-issued photographic identification that establishes the person is at least 18 years of age.
D. 
A person under 18 years of age shall not possess an alternative nicotine product.
A. 
Definition. For the purposes of this section, the following term shall have the meaning indicated:
SMOKELESS TOBACCO
Any finely cut, ground, powdered, or leaf tobacco that is intended to be placed in the oral cavity.
B. 
Sales of smokeless tobacco products to persons under 18. No person shall sell any smokeless tobacco product to any person under the age of 18.
C. 
Distribution. No person shall distribute or cause to be distributed to any person under the age of 18, without charge or at a nominal cost, any smokeless tobacco product.
(720 ILCS 680/1 et seq.)
A. 
It shall be unlawful for a pedestrian to stand upon any sidewalk or public way, except as near as reasonably possible to the building line or curbline, if such standing interferes with the use of said sidewalk by other pedestrians.
B. 
It shall be unlawful to impede or interfere with another person's use of a public way.
It shall be unlawful to rescue or attempt to rescue or abet or encourage the rescue or escape of any person from the custody of any officer or other person legally having him in charge, or to molest or interfere with any officer or other person so legally having him in charge, or, in any manner, to aid, abet or encourage the rescue or the attempt to escape from any person legally committed thereto, or to supply or attempt to supply any such person with any weapon or with any implement or means whereby an escape might be affected, or with any intoxicating liquors, drugs or other article(s) without the consent of the officer in charge. (720 ILCS 5/31-7)
It shall be unlawful for any person convicted of any offense or in lawful custody to escape or attempt to escape from custody. [720 ILCS 5/31-6(C)]
It shall be unlawful for any person to obtain any food, drink, goods, wares, or merchandise under false pretenses, or to enter public places and call for refreshments or other articles and receive and refuse to pay for same, or to depart without paying for or satisfying the person from whom he received the food, goods, wares, and/or merchandise.
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.
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.
It shall be unlawful for any person to paste, post, paint, print or nail any handbill, sign, poster, advertisement, or notice of any kind on any curbstone, flagstone, or any other portion or part of any sidewalk, or upon any tree, lamppost, utility pole, hydrant, or upon any private wall, door, or gate without the consent, in writing, of the owner of the wall, door or gate; provided, however, that this section shall not prevent posting by proper Village and county officials of election signs, polling place signs and other signs or placards necessary under the law to the conduct of elections, except they may not be attached to a tree.
No person shall, in the Village, be found in a state of intoxication or drunk in any street or other public place, or shall be found drunk lying or roving about the streets, alleys, or sidewalks of this Village or the private grounds of any of the inhabitants thereof, or being drunk as aforesaid, shall disturb the peace, order and quiet of the Village, or the peace and quiet of the citizens thereof by loud and unusual noises, disorderly conduct, indecent language or behavior or in any other manner. (65 ILCS 5/11-5-3)
No person shall beg or solicit alms within the Village without having obtained permission in writing from the Mayor. (65 ILCS 5/11-5-4)
No person shall, within the Village, carry or wear under his clothes, or concealed about his person, any pistol or handgun, without being the holder of an Illinois Concealed Carry License. Additionally, no person shall, within the Village, carry or wear under his clothes or conceal about his person any sling-shot, cross knuckles, knuckles of lead, brass or other metal, switchblade knife or razor, bowie knife, dirk knife or dirk, dagger or any other dangerous or deadly weapon. This section does not apply to the officers or members of the Police Department, nor to any Sheriff or Deputy Sheriff or Constable of this state, nor to any United States Marshal. (430 ILCS 66)
It shall be unlawful to discharge any firearm, bow and arrow or air gun in the Village or so that the bullet, arrow, missile or projectile therefrom enters the Village without written permission from the Mayor, provided that this section shall not be construed to prohibit any officer of the law from discharging a firearm in the performance of his duty; nor to prevent any citizen from discharging a firearm when lawfully defending his person or property; nor to prevent the discharge of a bow and arrow by students upon school grounds while under the direct and immediate supervision of teachers or other school supervisory personnel.
No person shall, upon any Village street, fly any kite or play any game of ball or engage in any amusement or practice having a tendency to injure or annoy any person passing in the streets or on the sidewalks.
A. 
Nitroglycerine, dynamite, etc. No person shall have, keep, possess, or store at or in any place within the Village any nitroglycerine, dynamite or giant powder, or any form or combination of any of them.
B. 
Blasting powder, etc. No person shall keep, possess or store any gun or blasting powder or any gun or explosive cotton at or in any one place in the Village in any quantity exceeding five pounds.
(65 ILCS 5/11-8-4)
No person in the Village shall throw or cast any rock or stone or any other missile upon or at any building, tree, or other public or private property, or at any person in any street, avenue, alley or public place.
No person in the Village shall deface, destroy, or in any way injure any public property or any other apparatus of the Village.[1]
[1]
Editor's Note: Original § 27-2-24 of the 2015 Code, Fortune telling, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
It shall be unlawful for any person to abandon or discard in any place accessible to children any refrigerator, icebox or ice chest, of a capacity of 1 1/2 cubic feet or more, which has an attached lid or door which may be opened or fastened shut by means of an attached latch. The owner, lessee, or manager of such place, who knowingly permits such abandoned or discarded refrigerator, icebox or ice chest to remain there in such condition, shall be guilty of violating this chapter. (720 ILCS 150/1)
It shall be illegal for any person to engage in Halloween practice, commonly called "trick or treat," by calling at the homes or dwelling places within the Village, either masked or unmasked, except on the date(s) and times which shall be determined annually by the Village Board.
It shall be unlawful for any person to collect, obtain, possess or pick up any recyclable item(s) from any receptacle or collection point where service is provided by an authorized waste hauler licensed by the municipality or from any specified recycling center within the Village limits unless said person is acting as an agent for the Village or acting as an agent for a waste hauler licensed by the Village.
A. 
Pursuant to the police powers in 65 ILCS 5/11-1-1, it shall be unlawful for any person occupying or driving a motor vehicle, whether moving or not, to shoot, throw, cast, launch or drop any object, liquid or substance at any person, animal or structure, wherein the possibility of harm, injury or damage may occur as a result of these actions.
B. 
The driver and/or all passengers shall be, upon conviction, fined in accordance with the provisions of the Village Code and shall be liable for all damage, injury or harm caused by the activity. (See § 260-37.)
No person shall deposit or cause to be deposited any snow and ice on or against a fire hydrant or on any sidewalk, roadway, or loading or unloading areas of a public transportation system, except that snow and ice may be windrowed on curbs incident to the cleaning of sidewalks in business districts. (65 ILCS 5/11-80-13)
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person, corporation or partnership which either owns, or maintains, or uses, or abandons any open well, cesspool, cistern, quarry, recharging basin, catch basin, sump, excavation for the erection of any building structure or excavation created by the razing or removal of any building structure without covering or surrounding such installation with protective fencing is guilty of a violation, punishable as provided in § 93-1 of the Village Code. The provisions of this section shall not apply during the course of repair, construction, removal or filling of any of the structures or conditions herein described while any worker is present at the location thereof either performing services thereon or as a watchman to guard such location. (720 ILCS 165/1)
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Definitions. Whenever used in this section, the following terms shall have the meanings indicated:
CURFEW HOURS
(1) 
11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday until 6:00 a.m. of the following day; and
(2) 
12:01 a.m. until 6:00 a.m. on Saturday; and
(3) 
12:01 a.m. until 6:00 a.m. on Sunday.
EMERGENCY
An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
ESTABLISHMENT
Any privately owned place of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment.
GUARDIAN
(1) 
A person who, under court order, is the guardian of the person of a minor; or
(2) 
A public or private agency with whom a minor has been placed by a court.
MINOR
Any person under 17 years of age.
PARENT
A person who is:
(1) 
A natural parent, adoptive parent, or stepparent of another person; or
(2) 
At least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.
PUBLIC PLACE
Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.
REMAIN
(1) 
To linger or stay; or
(2) 
To fail to leave premises when requested to do so by a police officer or the owner, operator or other person in control of the premises.
SERIOUS BODILY INJURY
Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
B. 
Offenses.
(1) 
A minor commits an offense if he remains in any public place or on the premises of any establishment within the Village during curfew hours.
(2) 
A parent or guardian or other person in custody or control of a minor commits an offense if he knowingly permits the minor to remain in any public place or on the premises of any establishment within the Village during curfew hours.
C. 
Defenses. It is a defense to prosecution under Subsection B that the minor was:
(1) 
Accompanied by the minor's parent or guardian or other person in custody or control of the minor;
(2) 
On an errand at the direction of the minor's parent or guardian, without any detour or stop;
(3) 
In a motor vehicle involved in interstate travel;
(4) 
Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
(5) 
Involved in an emergency;
(6) 
On the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the Police Department about the minor's presence;
(7) 
Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the Village, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the Village, a civic organization or another similar entity that takes responsibility for the minor;
(8) 
Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or
(9) 
Married or had been married or is an emancipated minor under the Emancipation of Minors Act (750 ILCS 30/1 et seq.), as amended.
D. 
Enforcement. Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in Subsection C is present.
(65 ILCS 5/11-1-5 and 720 ILCS 5/12C-60)
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
FUNERAL
The ceremonies, rituals, processions, and memorial services held at a funeral site in connection with the burial, cremation, or memorial of a deceased person.
FUNERAL SITE
A church, synagogue, mosque, funeral home, mortuary, cemetery, gravesite, mausoleum, or other place at which a funeral is conducted or is scheduled to be conducted within the next 30 minutes or has been conducted within the last 30 minutes.
B. 
It shall be unlawful for a person to violate any of the following provisions of this section:
(1) 
Engaging in any loud singing, chanting, whistling or yelling, with or without noise amplification, including but not limited to bullhorns, auto horns and microphones, within 300 feet of any ingress or egress of a facility being used for a funeral or as a funeral site, with knowledge of the existence of a funeral or funeral site, at any time during the period starting 30 minutes before any funeral or memorial service is scheduled to begin and ending 30 minutes after the funeral or memorial service terminates; or
(2) 
Displaying any visual images that convey fighting words, actual or veiled threats against any other person within 300 feet of any ingress or egress of a facility being used for a funeral or as a funeral site, with knowledge of the existence of a funeral or funeral site, at any time during the period starting 30 minutes before any funeral or memorial service is scheduled to begin and ending 30 minutes after the funeral or memorial service terminates; or
(3) 
Ending a directed protest march or picket at any public location within 300 feet of any ingress or egress of a facility being used for a funeral or as a funeral site, with knowledge of the existence of a funeral or funeral site, at any time during the period starting 30 minutes before any funeral or memorial service is scheduled to begin and ending 30 minutes after the funeral or memorial service terminates.
A. 
Upholstered or other furniture designed or manufactured primarily for indoor use shall not be used or allowed to remain:
(1) 
On unenclosed exterior porches or balconies;
(2) 
In an open area on private property exposed to outdoor weather conditions.
B. 
It shall not be a defense to said prohibition that such furniture is covered by plastic cover, or other tarpaulin, canvas or sheeting.
C. 
This prohibition shall not apply to the following:
(1) 
Wood, metal, or plastic furniture;
(2) 
Outdoor patio furniture with weather-resistant cushions;
(3) 
Upholstered furniture designated for prepaid special pickup or delivery by a public or private hauler, provided that such remain outdoors for a period not to exceed 72 hours.