A.
A person commits an assault when, without
lawful authority, he engages in conduct which places another in reasonable
apprehension of receiving a battery.
C.
Whoever shall commit an assault or battery
upon the person of another within the limits of the City of Bloomington
shall be fined not less than $25 nor more than $500.
[Ord. No. 1975-56]
Any two or more persons who shall
assemble in said City for any unlawful purpose, or who, being assembled,
shall act in concert to do an unlawful act with force and violence
against the property of the City, or the person or property of another,
or against the peace or to the terror of the citizens or other persons
in said City, or who shall make any movement or preparation therefor,
shall be severally subject to a fine of not less than $3 nor more
than $50 and to a further fine of not less than $5 nor more than $50
upon refusal to disperse after being requested to do so by any police
officer or other conservator of the peace.
Any person who shall make, aid, countenance
or assist in making any improper noise, riot, disturbance, breach
of the peace or diversion tending to a breach of the peace, and all
persons who shall collect in bodies or crowds for unlawful purposes
or for any purpose to the annoyance or disturbance of citizens or
travelers shall be severally subject to a fine of not less than $3
nor more than $100.
It shall be unlawful for any person
to have in his possession any nippers of the description known as
burglar's nippers or any pick lock, skeleton key, key to be used with
a bit or bits, jimmy or any other burglar's instruments or tool of
whatsoever kind or description, unless it be shown that such possession
is innocent or for a lawful purpose, under a penalty of not less that
$25 and not more than $200.
A.
A person commits disorderly conduct when
he knowingly:
(1)
Does any act in such unreasonable manner
as to alarm or disturb another and to provoke a breach of the peace;
or
(2)
With intent to annoy another, makes a telephone
call, whether or not conversation thereby ensues; or
(3)
Transmits in any manner to the Fire Department
of any City, town, village or fire protection district a false alarm
of fire, knowing at the time of such transmission that there is no
reasonable ground for believing that such fire exists; or
(4)
Transmits in any manner to another a false
alarm to the effect that a bomb or other explosive of any nature is
concealed in such place that its explosion would endanger human life,
knowing at the time of such transmission that there is no reasonable
ground for believing that such bomb or explosive is concealed in such
place; or
(5)
Transmits in any manner to any peace officer,
public officer or public employee a report to the effect that an offense
has been committed, knowing at the time of such transmission that
there is no reasonable ground for believing that such an offense has
been committed; or
(6)
Enters upon the property of another and
for a lewd or unlawful purpose deliberately looks into a dwelling
on the property through any window or other opening in it.
[Ord. No. 1988-5]
It shall be illegal for any person
to challenge another person to fight or threaten or traduce another
or indulge in any conduct toward another pretending to provoke a disturbance
or breach of the peace.
Whoever shall falsely represent himself
to be an officer of this City or without being duly authorized by
the City shall exercise or attempt to exercise any of the duties,
functions or powers of a City officer shall be fined not less than
$5 nor more than $100 for each offense.
Whoever shall knowingly suffer or
permit any assemblage for the purpose of committing any unlawful act
or breach of the peace or any riotous, offensive or disorderly conduct
in or upon premises owned or occupied by him, or under his control
within said City shall on conviction be fined not less than $5 nor
more than $50.
Whoever shall within the limits of
the City disquiet or disturb any congregation or assembly met for
any lawful purpose, religious or otherwise, by making a noise or by
any rude, indecent behavior or profane discourse of disorderly conduct,
within their place of meeting, or so near the same as to disturb the
order or solemnity of the meeting, shall be deemed guilty of a misdemeanor,
and upon conviction thereof shall be fined in any sum not less than
$3 nor more than $100.
Whoever shall in said City disturb
or disquiet any lawful assemblage or association of people, by any
rude or indecent behavior, or by any disorderly conduct, or who shall
create any disturbance or be guilty of any disorderly conduct at any
election poll shall on conviction be fined not less than $5 nor more
than $100 for each offense.
Whoever shall interrupt or disturb
any funeral assemblage or shall break into or drive any vehicle through
any funeral procession shall be fined not less than $3 nor more than
$50.
It shall be unlawful for any person
or persons in said City to loiter or congregate about or upon any
stairway, doorway, window or in front of any business or dwelling
house, theater, lecture room, church, street corner or elsewhere,
and by so doing obstruct or interfere with the free passage of persons
entering or occupying such building or premises or by language, conversation
or conduct, annoy, insult or disturb persons passing along the streets
or alleys or occupying, residing or doing business in any of said
houses or places. Every person violating this section shall be deemed
guilty of a misdemeanor and on conviction shall forfeit and pay not
less than $3 nor more than $100 for each offense; and it shall be
the duty of every policeman to arrest and prosecute all persons offending
under this section.
No person shall climb upon or into
any automobile or other vehicle while the same may be in motion, under
a penalty of not less than $1 nor exceeding $5 in each case.
It shall be unlawful for any person
who is in a state of intoxication or drunkenness to be or appear under
any circumstances in any street or public place, or in any place or
premises open to public view, within the City; and it shall be unlawful
for any such person to be or appear in any private house or place
to the annoyance of any person. Any person violating this section
shall forfeit and pay a fine to the City of not more than $300.
It shall be unlawful for any woman
to approach or solicit any male or offer herself to any male for immoral
purposes upon any public street or alley or in any other public place
in the City under a penalty of not less than $3 nor more than $25
for each offense.
A.
It is unlawful for a person less than 17
years of age to be present at or upon any public assembly, building,
place, street or highway at the following times:
B.
It is a defense to a violation under this
chapter that the child engaged in this prohibited conduct while:
(1)
Accompanied by the child's parent, legal
guardian, custodian, sibling, stepbrother or stepsister at least 18
years of age.
(2)
Accompanied by an adult at least 21 years
of age approved of by the child's parent, guardian, or custodian.
(3)
Participating in, going to, or returning
home from:
(a)
Employment which the laws of this
state authorize a person less than 17 rears of age to perform;
(b)
A school recreational activity;
(c)
A religious event;
(d)
An emergency involving the protection
of a person or property from an imminent threat of serious bodily
injury or substantial damage;
(e)
An activity involving the exercise
of the child's rights protected under the First Amendment to the United
States Constitution or Article 1, Sections 3, 4, and 5 of the Constitution
of the State of Illinois or both;
(f)
An activity conducted by a nonprofit
or governmental entity that provides recreation, education, training,
or other care under the supervision of one or more adults.
D.
It is unlawful for a parent, legal guardian, custodian or other person to knowingly permit a person in his or her custody or control to violate Subsection A of this section.
[Ord. No. 2004-64]
E.
A person convicted of a violation of any
provision of this section shall be fined not less than $50 nor more
than $250.
[Ord. No. 2004-64]
A.
COUNTER AREA
DOOR
TAPE CONTAINING HARMFUL MATERIAL
Definitions. As used in this section, the
following terms shall have the meanings stated in this section:
That space in which video tapes are sold or checked out and
returned and where rental fees are accepted.
An opaque structure which covers an entrance and provides
access to an area. A door must cover the area between a height of
seven feet and 15 inches from the floor.
A video tape containing harmful material as defined in Section
11-21 of the Illinois Criminal Code. A video tape containing a motion
picture rated "X" by the Motion Picture Association of America is
presumed to contain harmful material, but the presumption may be rebutted.
[Ord. No. 1989-39]
B.
Separate storage of tape displays.
(1)
Any person in the business of renting or
selling video tapes shall, if he or she offers for sale or rental
tapes containing harmful material, establish a separate and distinct
"adult display area," which minors are prohibited from entering wherein
such tapes must be displayed, which meets the following requirements:
(a)
An enclosed area with:
[1]
A door which must be kept closed
at all times, regardless of whether persons are in the adult display
area; or
[2]
A partition placed within the adult
display area, covering the opening to the remainder of the establishment,
in such manner that persons outside the adult display area cannot
view the adult display area.
(b)
Tapes, packaging, and promotional
material within the adult display areas must not be visible from outside
the adult display area.
(2)
The separation requirements of this section
need not be met in any establishment which refuses to admit persons
under 18 years of age to the premises.
[Ord. No. 1989-39]
C.
Rental. Any person in the business of renting
or selling video tapes shall not rent or sell tapes containing harmful
material except:
(1)
At a counter area separate from the general
rental/sales counter area. Such separate counter may be created by
the use of a partition extending at least two feet above the counter
and at least as deep as the counter surface that splits the general
counter into two counters; or
D.
Age limits. No person under 18 years of
age may rent, purchase or handle tapes containing harmful material.
No person under 18 years of age shall enter or be permitted by any
person in the business or renting or selling video tapes to enter
the adult display area.
[Ord. No. 1989-39]
A.
It shall be unlawful for any person under
the age of 18 years enrolled in a public, private, or parochial school
within the corporate limits of the City of Bloomington, Illinois,
to absent himself or herself from attendance at school, during such
period when school is in session, without parental permission or valid
excuse.
[Ord. No. 1991-72]
B.
A valid cause for absence from school shall
include illness, death in the immediate family, other family emergency,
or other causes beyond the control of the person so absenting himself
or herself from school, provided that parental permission for absence
due to such cause is obtained, in writing, from the parent and is
submitted to the proper school authorities within 24 hours after such
absence, not counting weekends.
[Ord. No. 1991-72]
C.
Parental permission, as required by this
section, shall refer to and include permission obtained from a parent,
legal guardian, other adult person standing in loco parentis and having
custody and control over such person under the age of 18 years.
[Ord. No. 1991-72]
D.
Each day that such person under 18 years
of age absents himself or herself from school attendance shall constitute
a separate offense, and shall be punishable as such.
[Ord. No. 1991-72]
E.
Persons violating this section shall be
fined not less than $5 nor more than $100 for each offense.
[Ord. No. 1991-72]
A.
No person shall perform any of the following
acts on undeveloped private or public property in the City of Bloomington:
(1)
Drive, ride, park or occupy any motor vehicle,
motorcycle, motor driven cycle or bicycle as defined in the Illinois
Vehicle Code, except motor vehicles, motorcycles, motor driven cycles
or bicycles owned or used by persons lawfully working on the property
during the time of such work; or
(3)
Possess in open containers or consume any
alcoholic beverage; or
(4)
Start or maintain any fires; or
(5)
Pollute or dump any substance or swim in
any body of water thereon, except as authorized by law or by Ordinance.
[Ord. No. 1985-104]
B.
PERSON
UNDEVELOPED PRIVATE OR PUBLIC PROPERTY
(1)
(2)
(3)
Definitions. As used in this section, the
following terms shall have the meaning assigned to them therein:
Any natural person, partnership, corporation, trust, estate,
association or entity of any kind or description.
[Ord. No. 1985-104]
Any property in the City of Bloomington which is owned by
any person or public body which:
Contains no buildings or structures,
including such areas in or near creeks, drainage ways or detention
basins, unless the property is used as a park or golf course; or
Contains buildings or structures,
over 50% of which are abandoned or uncompleted; or
Is devoted to no use other than agriculture.
C.
Affirmative defense. It shall be an affirmative
defense to a charge of improper use of undeveloped property that:
D.
Penalty. Any person convicted of improper
use of undeveloped property shall be fined not less than $10 nor more
than $100 for the first offense; not less than $25 nor more than $500
for subsequent offenses.
[Ord. No. 1985-104]
A.
CONVENIENCE STORES
DROP SAFE
GAS STATIONS
MONEY MACHINE
PACKAGE LIQUOR STORES
RESTAURANT
Definitions. The following definitions
shall apply to this section of this chapter:
Retail establishments, excluding restaurants, selling any
combination of food, beverages, sundries, vehicle supplies, gasoline,
ethanol and diesel fuels, in which payment for such sales is made
in a building of an area not exceeding 4,800 square feet.
A locked receptacle made of iron, steel, or other material
strong enough to prohibit access by force, of a design which permits
deposits of coin or currency into such receptacle but prohibits removal
of coin or currency from such receptacle except through the use of
two separate key patterns.
Any business establishment which sells gasoline, ethanol
or diesel fuels at retail to the public, in which payment for such
sales is made in a building of an area not exceeding 4,800 square
feet.
A machine made of iron, steel, or other material strong enough
to prohibit access by force in which United States coin or currency
is contained, of a design which permits disbursement of coin or currency
from the machine in designated maximum amounts and which will not
dispense any additional amounts until the expiration of a designated
length of time.
Any establishment holding a Class PA or PB liquor license
issued by the City of Bloomington, but excluding all establishments
which, in addition to a PA or PB license, are licensed by the City
of Bloomington to sell alcoholic liquor of any type for consumption
on the premises, and further excluding all establishments which have
a PA or PB license from the City of Bloomington when the business
holding such license is contained in business premises of an area
greater than 4,800 square feet.
Any business establishment serving food to customers for
consumption on the premises in which the seating area available to
customers is greater than 3,000 square feet.
[Ord. No. 1992-49]
B.
Compliance with security requirements for
certain late-night retail establishments. It shall be unlawful for
the owner or owners of any convenient store, gas station, or package
liquor store which is open to the public at any time between the hours
of 10:00 p.m. to 6:00 a.m. to fail to comply with this section.
[Ord. No. 1992-49]
C.
Sign required - safe on premises. Businesses listed in Subsection B of this section shall have a sign posted in a conspicuous place visible to persons entering the premises stating that there is a safe on the premises and that the on-duty employees do not have access to it.
[Ord. No. 1992-49]
D.
Sign required - contents of cash register. Establishments listed in Subsection B of this section shall have a sign posted in a conspicuous place visible to persons entering the premises stating that the cash register has less than $50 in it.
[Ord. No. 1992-49]
E.
Signs or displays in windows prohibited. Establishments listed in Subsection B of this section shall not have signs or displays placed on or around a window in such a manner as to obstruct the view from the street and/or parking lot of the area of the store in which the cash registers and clerks operating the cash registers are located.
[Ord. No. 1992-49]
F.
Lighting requirements for parking lots and public entrances/exits. Parking lots and public entrances and exits of establishments listed in Subsection B of this section shall be illuminated to insure safety of employees and late night customers. A parking lot which is illuminated to a minimum of one footcandle as measured at the surface of the parking lot shall be deemed to comply with this section. Public entrances and exits which are illuminated to a minimum of five footcandles within 10 feet of such entrances and exits shall be deemed to comply with this section.
[Ord. No. 1992-49]
G.
Drop safe or money machine required. Establishments listed in Subsection B of this section shall have a drop safe or money machine on the premises. If a drop safe is used, the safe must be secured to the floor, installed in the floor, or weigh at least 500 pounds.
[Ord. No. 1992-49]
H.
Alarm system required. All establishments listed in Subsection B of this section shall install an alarm system of a design which shall be monitored by an alarm company which will notify the Bloomington Police Department that a situation exists at the establishment which requires immediate police assistance.
[Ord. No. 1992-49]
I.
Electronic surveillance required. All establishments listed in Subsection B of this section shall install an electronic surveillance system consisting of either a closed circuit television camera or a camera which takes a series of still pictures whenever the cash register drawer is opened, which shall be kept in working order at all times and which shall record the activities taking place within an area sufficient to show each cash register, the employee working such cash register, and persons on the customer side of each cash register.
[Ord. No. 1992-49]
J.
Exceptions. Establishments listed in Subsection B of this section shall be exempt from the requirements of Subsections H and I of this section if such establishments require employees to work inside a secured bulletproof enclosure which renders the employee inaccessible to persons outside the enclosure.
[Ord. No. 1992-49]
K.
Penalties. This section is regulatory in
nature and does not require proof of an intent on the part of the
owner to violate said section. Persons violating this section shall
be fined $100 per day for each day the violation of such section continues.
Violation of each section shall constitute a separate offense.
[Ord. No. 1992-49]
It shall be unlawful for any operator
of an establishment or his agents or employees knowingly to permit
any person under the age of 18 to remain upon the premises of said
establishment between the hours of 10:00 p.m. and 6:00 a.m. of the
following day, official City time, except that on Fridays and Saturdays
the hours shall be from 12:00 midnight to 6:00 a.m.
Whoever shall use any profane or
obscene language in any place in said City loud enough to be overheard
by other persons or shall be guilty of any disorderly conduct or behavior
shall be subject in either case to a fine of not less than $3 nor
more than $50.
Whoever shall in any public place
or place open to public view within said City write, draw, cut, make
or exhibit any lewd or indecent word, sentence, design or figure shall
be subject to a fine of not less than $5 nor more than $50.
Whoever shall keep or have in his
possession within the said City any of the obscene or indecent articles
or things mentioned in the preceding section, with or without intent
to sell or dispose of the same, shall be fined not less than $5 nor
more than $50.
No person in said City shall indecently
exhibit any horse, jack or other male animal or let any horse or jack
to any mare or jenny or bull to any cow unless in some enclosed place
and entirely out of the public view; and any person violating this
section shall forfeit any pay not less than $10 nor more than $100.
Any person who shall bring or cause
to be brought into said City for the purpose of sale or exhibition
or shall keep, sell, offer or expose for sale any obscene, immoral
or indecent publication, book, pamphlet, paper, print, picture, illustration,
model, cast, instrument or article of indecent or immoral use, or
shall advertise the same for sale or exhibition shall be fined not
less than $10 nor more than $200 for each offense.
Whoever shall be found sleeping in
or upon any street, avenue, alley or other public place in said City,
or in or upon any private lot or premises without the consent of the
owner or occupant of such lot or premises shall be fined not less
than $3 nor more than $25 for each offense.
[Amended 7-13-2020 by Ord. No. 2020-46]
Any person of the age of 17 years
and upwards who performs any of the following acts in a public place
commits a public indecency: (1) an act of sexual penetration or sexual
conduct; or (2) a lewd exposure of the body done with intent to arouse
or to satisfy the sexual desire of the person. Breast-feeding of infants
is not an act of public indecency. For purposes of this section, "public
place" means any place where the conduct may reasonably be expected
to be viewed by others. A person who commits public indecency shall
be fined not less than $100 nor more than $500 for each offense.
Whoever shall exhibit or perform,
or assist in exhibiting or performing in said City any obscene, indecent
or lewd play or misrepresentation or shall knowingly permit the same
to be exhibited or performed in any building or hall owned or controlled
by him shall in each case be subject to a fine of not less than $10
nor more than $200.
Any person who shall within said
City keep or use or be in any way connected with the management, either
as an employee or in any other capacity, of any place kept or used
for the fighting or baiting of any dog, cock or other animal, or who
shall permit such place to be kept or used on premises owned, rented
or controlled by him or who shall frequent or be found therein for
the purpose of witnessing such fighting or baiting shall be fined
not less than $10 nor more than $100.
Whoever shall be guilty of cruelty
to any animal in any of the ways mentioned in this section shall be
fined not less than $3 nor more than $100 for each offense.
A.
First. By carefully beating, torturing,
tormenting, mutilating or cruelly killing any animal or causing or
knowingly allowing the same to be done.
B.
Second. By failing to provide any animal
in his charge or custody as owner or otherwise with proper and necessary
food, drink or shelter.
C.
Third. By abandoning or turning out to
die any old, maimed, infirm, sick or disabled animal.
It is illegal for any person to urinate
or defecate on any public property including but not limited to any
public park, street, parkway, sidewalk, the floor of any public building
or on the floor of any building where the public gathers or has access
or in any other place where such act can be observed by any member
of the public, except in those rest rooms and into those rest room
fixtures that are intended to be used for these purposes.
It shall be unlawful for any person
in said City to perform or play any tricks or sleight of hand, or
anything of like nature with cards, dice, balls, thimbles, figures,
numbers, characters, or with any instrument, apparatus or thing, where
persons are induced to bet, loan, deposit or stake money or other
property upon the result of such tricks, or the turning or placing
of any such instrument or apparatus or of any figures, letter, number
or character attached to or played upon any such instrument or apparatus
or by any person; and any person convicted under this section shall
forfeit and pay not only less than $5 nor more than $100 for each
offense.
Each and every sale or purchase wherein
any part of the articles or things received or to be received, either
as to quantity or value, shall in any manner depend upon any chance
or hazard, whether by means of checks, cards, envelopes, numbers,
dice or by any means whatever, is hereby declared to be gambling within
the meaning of the provisions hereof, and as such to be unlawful.
Any person so selling or disposing of any article or thing of value
within said City shall be liable to a fine of not less than $5 nor
more than $100 for each offense.
Whoever shall keep or maintain directly
or indirectly any bawdy or disorderly house, house of ill-fame or
of assignation or place for the practice of fornication or adultery
shall be fined not less than $100 for each offense and be subject
to a like further fine for each day after the first conviction that
such house shall be continued or maintained.
Whoever within said City shall lease,
let or permit any building or premises owned by him or under his control
to be used in whole or in part as a house of ill-fame or house of
assignation or place for the practice of fornication or adultery or
whoever shall lease any building or premises for a lawful purpose
that may afterwards with his knowledge be converted in whole or in
part into the immoral uses and purposes above set forth in this section
and who shall not cause the same to be immediately vacated upon gaining
knowledge thereof shall on conviction be subject to a fine of not
less than $25 nor more than $200 for each offense, and to a further
like fine for each day after the first conviction that he shall continue
to violate this section.
Whoever shall be an inmate or occupant
of, or shall 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 said City, shall be fined not more than $100 for
each offense.
Whoever shall within said City entice,
influence or persuade any person to enter or frequent any bawdy house,
house of ill-fame or of assignation or place used for the practice
of fornication or adultery, or whoever shall induce or persuade any
minor to enter or frequent or shall allow or permit any minor to enter
or remain in any such house or place shall be subject to a fine of
not more than $100 for each offense.
It shall be unlawful for any person
to knowingly direct, take, transport, or offer to direct, take or
transport any person for immoral purposes to any other person or to
assist any person by any means to seek or to find any prostitute or
other person engaged in immoral practices or any brothel, bawdy house
or any other place of ill-fame.
Every house of ill-fame or house
of assignation where men and women resort for the purpose of fornication
or prostitution is hereby declared to be a nuisance.
In any action or suit arising under
either of the last four preceding Sections of this article, evidence
of the general reputation of such place, or the inmates thereof and
of those resorting thereto shall be admissible for the purpose of
proving said place to be a house of ill-fame, of assignation, or that
it is used for the purpose of fornication or adultery, and such evidence
of the general reputation thereof shall be sufficient to make out
a prima facie case.
Any person who is diseased, maimed,
mutilated, or in any way deformed so as to be unsightly or disgusting
object or an improper person to be allowed in or upon the streets,
highways, thoroughfares or public places in this City shall not therein
or thereon expose himself to public view for gain under a penalty
of $1 for each offense.
A.
No person shall spit or expectorate upon
the floor of, nor upon or against the floor of any public building
or any approach or entrance thereto; nor upon, against, or in any
bus, cab or other vehicle when in use for the carrying of passengers;
nor upon or against any public walk or public way or private walk
or private way or against any public walk or public way or private
walk or private way for foot passengers; nor upon or against the floor
of any other part of any church, school house, passenger depot, public
hall, court house or court room; nor upon or against the floor or
other part of any store, shop, office, dwelling, tenement, or other
private room or dwelling or building against the consent of the owner,
agent, or occupant thereof; nor in or about the doorway, stairway
or approach to any public or private place.
B.
Any person found guilty of violating any
of the terms of this section shall be fined not less than $1 and not
more than $2 for the first offense, and not less than $3 nor more
than $200 for each succeeding offense.
No person shall keep or maintain
or frequent or become an inmate of, or in any way contribute to the
support of any place, house or room where opium is smoked or where
persons assemble for the purpose of smoking opium or inhaling the
fumes thereof, under a penalty of not less than $5 nor more than $50
for each offense.
Whoever shall willfully turn a stream
of water from any hose or hydrant upon any person or upon any private
premises, not being the occupant thereof, shall be liable to a fine
of not less than $3 nor more than $20.
B.
It is unlawful and an offense against the
City for any person to prowl in a place, at a time or in a manner
not usual for law abiding individuals under circumstances which would
cause an ordinary, reasonable person to have an immediate concern
for the safety of persons or the security of property in the vicinity
and where such person, upon request by a police officer, refuses to
identify himself and the state the reason for his presence.
C.
It is unlawful and an offense for a person who is prowling in the manner described in Subsection B hereof to refuse to leave the vicinity after being requested to do so by a police officer where, although such person has identified himself and stated the reason for his presence as required in Subsection B hereof, an ordinary, reasonable person would continue to have an immediate concern for the safety of person or the security of property in the vicinity, if such person were allowed to continue prowling in such vicinity.
[Ord. No. 1973-2]
No person shall permit any bear or
other dangerous animal to run at large or shall lead any such animal
with chain, rope or other appliance, whether such animal be muzzled
or unmuzzled, in any street, avenue, lane, highway or public place
under a penalty of not less than $10 for each offense.
No person shall fire, discharge,
set off, or use within the limits of the City any air gun, "bean shooter"
or any other instrument or machine from which a missile is discharged
or hurled, under a penalty of not less than $5 for each offense. Provided,
however, that the above section shall not apply to supervised target
ranges or shooting galleries located on either public or private grounds
or premises under circumstances when such instruments can be fired,
discharged or operated in such a manner as not to endanger persons
or property, and also, in such manner as to prevent the projectile
from traversing any grounds or space outside the limits of such gallery,
grounds or residence.
Whoever shall willfully, maliciously,
or negligently break, deface, injure or destroy any property of the
State, County or City, or any private property shall be subject to
a fine of not less than $5 nor exceeding $100.
Any person who shall within said
City cut, injure, remove, or destroy any fruit, ornamental or shade
tree, or the boxing around the same or any fence, railing, gate, post,
or sign upon any public ground, sidewalk or private premises; or who
shall enter any private premises against the consent of the owner
or occupant thereof; or shall trespass upon any private premises or
public grounds or injure, take away or destroy any tree, shrub, fruit,
flower, plant, vegetable or other thing which may be therein for ornament
or utility shall be fined not less than $5 not more than $25 for each
offense.
No person shall purposely or heedlessly
cast or throw any stone, brick, or other missile from or into any
street or other public place or at, against, or into any building,
shade tree, or other property or shall climb upon or walk upon the
top or capping of any fence or railing, or climb into any shade or
ornamental tree upon any sidewalk or elsewhere without the consent
of the owner or occupant thereof or shall in any wise injure or deface
any building, fence, gate, or shade tree or shall meddle with or injure
any well, cistern, hydrant, or pump, under a penalty in each case
of not less than $2 nor more than $10.
Any person who shall willfully, maliciously,
or negligently break, deface, injure, or destroy any lamp, telegraph,
telephone, electric light, globes, insulator or other appliance or
fixture connected therewith, within the City, shall be subject to
a penalty of not less than $5 nor more than $50 for each offense and
shall also be liable for the costs and expenses of repairing the injuries
committed.
Whoever shall willfully or maliciously
break, deface, injure or carry away any cup or service lid placed
upon any of the service boxes of any gas or light company or by the
Utilities Department within the City shall forfeit and pay a fine
of not less than $3 nor more than $10.
Whoever shall unlawfully tamper with,
alter or change any public or private gas pipe, water pipe, gas meter,
electric meter, water meter, or other meter, or register thereof shall
be subject to a penalty of not less than $10 nor more than $100 for
each offense.
No person shall dig, cut or remove
any sod or earth from any premises not his own without the consent
of the owner or person in control thereof, under a penalty of not
less than $5 nor more than $50 for each offense.
Whoever shall willfully, negligently
or heedlessly walk upon or across or drive any vehicle upon or across
any lawn, grass plot or flower bed in or upon any of the streets,
avenues, parks or public places of the City; or who shall walk upon
or across or drive any vehicle upon or across any private lawn, grass
plot or flower bed without the consent of the owner or occupant thereof
shall be subject to a fine of not less than $5 nor more than $50.
All persons who are idle and dissolute
or who go about begging; all persons who use any shell game, sleight
of hand or juggling trick or other unlawful game to cheat, defraud
or unlawfully obtain money or other valuable thing; pilferers; confidence
men; common drunkards; common nightwalkers; persons lewd, wanton or
lascivious in speech or behavior; common brawlers; persons who are
habitually neglectful of their employment or their calling and not
to lawfully provide for themselves or for the support of their families;
all persons who are idle or dissolute and who neglect all lawful business
and who habitually misspend their time by frequenting houses of ill-fame
gaming houses or tippling shops; all persons lodging in or found in
the night time in sheds, barns or unoccupied buildings or lodging
in the open air and not giving a good account of themselves; all persons
who are known to be thieves, burglars or pickpockets, whether by their
own confession or otherwise or by having been convicted of larceny,
burglary, or other crime against the laws of the State, punishable
by imprisonment in the State prison, or in a house of correction of
any City and having no lawful means of support or habitually found
prowling around any railroad depot, banking institution, broker's
office, place of public amusement, auction room, store, shop or crowded
public way or at any public gathering or assembly or lounging about
any courtroom, private dwelling houses or outhouses or are found in
any house of ill-fame, gambling house or tavern shall be deemed to
be and they are declared to be vagabonds.
Whoever shall knowingly send, bring
or leave any pauper in the City not belonging thereto, or shall aid
or abet the same, or shall supply with means or assist any such pauper
or person likely to become a pauper to come into or remain in the
City, in order that he or she may become a charge upon the public,
shall be subject to a fine of not less than $10 nor more than $100
in each case.
It shall be unlawful for any person
to enter an enclosed or unenclosed vegetable garden or any orchard
without the consent of the owner, tenant, or his or her agent and
there cut down, injure, damage, destroy, eat or carry away any portion
of said garden, including any growing thing, crop, tree, timber, seed,
grass, soil, fertilizer, water supply, tool, implement, fence or other
protective device or any other thing useful for the development, cultivation,
maintenance or use of the aforesaid gardens or orchards.
[Amended 6-27-2022 by Ord. No. 2022-62]
No person owning or in possession,
charge or control of any building or premises shall use the same or
permit the use of the same or rent the same to be used for any gathering,
business or employment or for any purpose of pleasure or recreation
if such use shall, from its boisterous nature, disturb or destroy
the peace of the neighborhood in which such building or premises are
situated, or be dangerous or detrimental to health. Any person found
to have violated this section shall be subject to a fine of not less
than $200 nor more than $600 for the first offense, and to a fine
of not less than $300 nor more than $1,000 for the second and subsequent
violations.
Every common, ill-governed or disorderly
house, room or other premises, kept for the encouragement of idleness,
gaming, drinking, fornication, or other misbehavior is hereby declared
to be a public nuisance; and the keeper and all persons connected
with the maintenance thereof and all persons patronizing or frequenting
the same shall be punished as provided in this Code.
That whoever shall obtain money or
property from another by holding himself out as skilled in fortune
telling or by means of card reading, palmistry, clairvoyance, astrology,
seer ship, spirit medium ship or any crafty science or by any other
devices or practices whereby money is obtained from the general public
on the pretense of the exercise of occult or psychic powers or shall
obtain money or property from another by holding himself out as skilled
in the practice of phrenology shall for each offense be fined in a
sum not exceeding $200; provided that the provisions of this section
shall not be construed to include, prohibit or interfere with the
exercise of the spiritual functions of offices of any priest, minister
or accredited representative of any religion and provided further
the provisions of this section shall not be construed to include or
refer to the practice of the belief known as spiritualism or any attempted
communication with the spirit world by or through so-called mediums.
That whoever knowingly prints, publishes,
distributes or circulates, or knowingly causes to be printed, published,
circulated or advertised in any newspaper, periodical, magazine or
other publication or publications or by display signs, circulars,
hand bills or any other means any advertisement of any person's ability,
skill or power in telling fortunes or revealing the future or offering
advice of any kind or nature by means of occult or psychic powers,
faculties or forces or of any person's ability, skill or power in
the practice of phrenology shall for each offense be fined in a sum
not exceeding $200.
No person shall sell, give, loan,
hire, barter, furnish or offer to sell, give, loan, hire, barter or
furnish to any minor within the City any gun, pistol, revolver, fowling
piece or toy firearm in which any explosive substance can be used
or any Bowie knife, dirk, dagger, switch blade knife or other deadly
weapon of a like character.
A.
Any person of the age of 14 years and upwards
who performs or submits to any of the following acts with any person
under the age of 18 contributes to the sexual delinquency of a child:
(1)
Any act of sexual intercourse; or
(2)
Any act of deviate sexual conduct; or
(3)
Any lewd fondling or touching of either
the child or the person done or submitted to with the intent to arouse
or to satisfy the sexual desires of either the child or the person
or both; or
(4)
Any lewd act done in the presence of the
child with the intent to arouse or to satisfy the sexual desires of
either the person or the child or both.
B.
It shall not be a defense to contributing
to the sexual delinquency of a child that the accused reasonably believed
the child to be of the age of 18 or upwards.
C.
Penalty. A person convicted of contributing
to the sexual delinquency of a child shall be fined not to exceed
$1,000.
A.
Any person of the age of 17 years and upwards
who solicits a child under the age of 13 to do any act, which if done
would be an indecent liberty with a child or an act of contributing
to the sexual delinquency of a child commits indecent solicitation
of a child.
B.
It shall not be a defense to indecent solicitation
of a child that the accused reasonably believed the child to be of
the age of 13 years and upwards.
C.
Penalty. A person convicted of indecent
solicitation of a child shall be fined not to exceed $500.
A.
It shall be unlawful for any person to
insert or attempt to assert into the coin box or money receptacle
of any telephone any slug, button or other substance with the intention
of obtaining telephone service without paying therefor.
B.
It shall be unlawful for any person to
manipulate or operate or to attempt to manipulate or operate, in any
manner whatsoever, any telephone instrument or any mechanism or device
commonly used therewith, with the intention of obtaining telephone
service without paying therefor.
C.
It shall be unlawful for any person to
insert or to attempt to insert into the coin box or money receptacle
or any telephone any slug, button, wire, hook or other implements
or substance with the intent to obtain from any such coin or money
receptacle a legal tender coin of the United States.
No person shall sell or offer to
sell, give away or offer to give away, distribute or have in his possession
with intent to give away, sell, distribute or post in or upon any
street, sidewalk, park or public property of the City any book, pamphlet,
circular, handbill, advertisement or notice of any kind purporting
the treatment of, or treating of diseases known as, describing or
explaining genital organs, giving or purporting to give the nature
and remedies of diseases peculiar to females, uterine diseases or
the nature of causes of nervous debility, impotency, sterility or
barrenness, gonorrhea, gleet, stricture, syphilis, infection of the
prostate gland or the remedies therefor, or the cause or remedies
for abortion or miscarriage or articles or means of preventing conception
or to give information from whom or to whom such information or medicine
may be obtained.
Whoever with an evil or wicked purpose
appears in any public place hooded, robed or masked so as to conceal
his identity shall be punished as provided in this article.
It shall be unlawful for any person
to operate or cause to be operated in the City any equipment, appliances,
devices or apparatus which causes or may cause interference on the
radio or television frequencies now assigned by the Federal Communications
Commission or any person acting in its stead or on its behalf or which
may be assigned by the Federal Communication Commission necessary
in the performance of police work.
X-ray pictures, examinations or treatments
and diathermy treatments may be made if the machine or apparatus used
therefor is equipped to avoid any unnecessary or reasonably preventable
interference with assigned radio or television frequencies necessary
in the performance of police work and is not negligently operated.
A.
That any owner, lessee, occupant or any
agent, servant, representative or employee of any such owner, lessee
or occupant having control of any lot of ground or any part of any
lot, who shall allow or maintain on any such lot any growth of weeds
to a height of over one foot, shall be guilty of a misdemeanor, and
the allowance or maintenance of any such weeds hereby is prohibited.
B.
The words "weeds" as used herein shall
be held to include all rank vegetable growth which exhales unpleasant
and noxious odors and also high and rank vegetable growth that may
conceal filthy deposits.
C.
Whoever shall suffer or permit cockleburs,
thistles, burdock, wild lettuce or other noxious weeds or plant to
grow or be in or upon any premises in the City of Bloomington owned
or controlled by him or her shall be guilty of a misdemeanor.
D.
Any person, firm or corporation violating
any of the provisions of this section shall be fined in a sum of not
less than $5 nor more than $200. Each day that any provision of this
Ordinance is violated shall constitute a separate and distinct offense.
Whoever abandons or discards 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 or who, being the owner, lessee or manager of such place, knowingly
permit such abandoned or discarded refrigerator, icebox or ice chest
to remain there in such condition shall be fined not more than $50
or imprisoned not more than 30 days, or both.
It shall be unlawful for any person
to accept service in a restaurant or public eating place or service
from a taxicab or other public vehicle, without paying therefor, or
to enter or attempt to enter any place of public amusement for admission
to which an entrance fee is charged without paying such fee.
Every violation of any section or
provision of this article for which no penalty is provided herein
shall be punished by a fine of not less than $5 and not more than
$200.
A.
It shall be unlawful for any person in
exchange for money or other valuable consideration to perform or offer
or agree to perform any of the following:
C.
Penalty. Any person convicted of violating
this section shall be fined not less than $100 nor more than $500
for the first offense; and not less than $500 nor more than $1,000
for each subsequent offense.
[Ord. No. 1984-41]
A.
It shall be unlawful for any person, firm, partnership, corporation, association or entity of any kind (hereafter referred to as the "entity") to permit or suffer any agent of or any person employed by the entity or any lessee of the entity or the operator of any business of the entity or any other type of contracting person or organization, including any independent contractor, with the entity or any employee or agent of the lessee, operator or contracting person or organization to engage in any activity described in and prohibited by Chapter 28, § 28-176 of the Bloomington City Code and/or Chapter 38 (Illinois Criminal Code), Sections 11-14, 11-15.1, 11-16, 11-17, 11-19, 11-19.1 or 11-19.2 of the Illinois Revised Statutes,[1] as hereafter amended, on the entity's premises or on premises
managed or in any manner controlled by the entity and/or by any lessee,
operator or contracting person or organization with the entity (all
of said premises to be referred to hereafter as the "subject premises").
After an entity has been notified that an agent, employee, lessee,
the operator of any type of business or any other type of contracting
person or organization or any employee or agent of the lessee, operator
or contracting person or organization has engaged in any conduct on
the subject premises prohibited by this subsection (a), the entity
shall be absolutely liable for any such subsequent activity or any
other type of activity which violates any of the above indicated Sections
on the subject premises by the same or any other employee or agent
of the entity or by the lessee, operator of any business or any other
type of contracting person or organization, including an independent
contractor, or the same or any other employee or agent of the lessee,
operator or contracting person or organization.
It shall be unlawful for any lessee of any entity or the operator of any business of any entity or any other type of contracting person or organization, including an independent contractor, with any entity or suffer or permit any employee or agent of the lessee, operator or contracting person or organization to engage in any activity described in and prohibited by Chapter 28, § 28-176, of the Bloomington City Code and/or Chapter 38 (Illinois Criminal Code), Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-19, 11-19.1 or 11-19.2 of the Illinois Revised Statutes on the subject premises. After a lessee, the operator of any type of business or any other type of contracting person or organization has been notified that any employee or agent of the lessee, contractor or contracting person or organization has engaged in any conduct on the subject premises prohibited by this Subsection A, the lessee, operator or contracting person or organization shall be absolutely liable for any such subsequent activity or any other type of activity which violates any of the above indicated Sections on the subject premises by the same or any other employee or agent of the lessee, operator of any business or any other type of contracting person or organization, including any independent contractor, any of whom may be a person, firm, partnership, corporation, association or entity of any kind.
Any such act shall be deemed committed
on the subject premises if:
(1)
It was actually performed on the subject
premises; or
(2)
It was agreed to on management premises
or on the subject premises; or
(3)
Arrangements were made on the subject premises
for any person identified in this ordinance to meet a person at another
location and such acts were agreed to and/or performed at such other
location.
[Ord. No. 1985-18]
[1]
Editor's Note: See now the Illinois Criminal Code of 2012,
720 ILCS 5/11-14 et seq.
B.
For the purposes of this section a person
shall be deemed to be an employee or agent if he or she performs any
work or activity on the subject premises with the active or passive
permission of the owner, lessee, operator of any business on the premises,
or of any other type of contracting person or organization, including
an independent contractor, and receives directly or indirectly from
any person or organization whatsoever compensation therefor in any
form or in any manner whatsoever.
[Ord. No. 1985-18]
C.
Penalty. Any person, corporation or entity
of any kind convicted of violating this section shall be fined not
less than $500 nor more than $1,000 for the first offense; and $1,000
up to the maximum permitted by law for each subsequent offense.
[Ord. No. 1985-18]
D.
The provisions of this Ordinance are declared
to be severable, and if any part, provision, sentence, clause or other
portion of this Ordinance shall be held to be unconstitutional for
any other reason by any court of competent jurisdiction, said judgment
shall not affect the validity or enforceability of the remainder thereof.
[Ord. No. 1985-18]
[Ord. No. 2016-80]
The Smoke Free Illinois Act,[1] as amended from time to time, is hereby adopted by reference
to be applied within the corporate limits of the City of Bloomington.
All references to a state employee or official within the Act may
be to a corresponding City employee or official where such reference
is applicable or necessary. Any provision of the Act may be cited
by placing "§ 28-178" before the applicable Smoke Free Illinois
Act.
[1]
Editor's Note: See 410 ILCS 82/1 et seq.
[Ord. No. 2019-24]
In addition to the prohibitions within
the Smoke Free Illinois Act which prohibits smoking in public buildings,
smoking is prohibited in any building owned or operated by the City
of Bloomington, as well as at Miller Park Zoo and any and all swimming
pool facilities operated by the City. For purposes of this section,
the definitions of "smoking" and "smoke" within the Smoke Free Illinois
Act shall be expanded to include inhaling or exhaling from, turning
on, powering, ingesting or utilizing in any form any device intended
for the atomization, charring, burning, piezoelectronic ignition of
or ingestion of tobacco products or nicotine in any gaseous, smoke,
aerosol, vaporous or other similar form, including but not limited
to the use of any e-cigarette, personal vaporizer used with nicotine
or tobacco derivatives, electronic nicotine delivery system, e-puffer,
cartomizer or other similar device. This prohibition includes electronic
cigarettes (e-cigs or e-cigarettes), personal vaporizers (PV) or electronic
nicotine delivery systems (ENDS) or any other device that simulates
tobacco smoking by producing an aerosol that resembles smoke.
[Ord. No. 2016-80]
[Ord. No. 2016-80]
[Ord. No. 2016-80]
[Ord. No. 1992-84]
Graffiti shall mean any drawing,
inscription, writing, figure or mark made upon a wall or other exposed
surface, including but not limited to any house, garage, rock, bridge,
fence, gate, tree, monument, motor vehicle, sidewalk, street, lamp
post, street sign, underpass or retaining wall, whether publicly or
privately owned, with paint, chalk, dye, ink, pencil, wax or other
similar substance or by etching, scratching, cutting, burning or carving
without the express consent of the owner of said wall or other exposed
surface.
[Ord. No. 1992-84]
It shall be unlawful for any person
to place graffiti, as defined herein, upon any publicly or privately
owned wall or other exposed surface within the City of Bloomington.
There exists a rebuttal presumption that graffiti is done without
the express consent of the owner, if it is placed upon any wall or
exposed surface by someone other than the owner of said wall or surface.
[Ord. No. 1992-84]
Any person who is convicted of violating § 28-187 of this chapter shall be punished by a fine of $500. Each wall or exposed surface marked by graffiti shall constitute a separate offense.
[Added 12-16-2019 by Ord.
No. 2019-91]
As used in §§ 28-190A, 28-190B, and 28-190C,
the following terms shall have the following meanings, unless the
context clearly indicates that a different meaning is intended:
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.
Equipment, products, or materials intended to be used for
planting, propagating, cultivating, growing, harvesting, manufacturing,
producing, processing, preparing, testing, analyzing, packaging, repackaging,
storing, containing, concealing, ingesting or otherwise introducing
cannabis into the human body.
Any substance as defined in Article II of the Illinois Controlled
Substances Act, 720 ILCS 570/201 et seq.
Actual, constructive or attempted transfer of possession
of cannabis, with or without consideration, whether or not there is
an agency relationship.
All equipment, products and materials of any kind, other
than methamphetamine manufacturing materials as defined in Section
10 of the Methamphetamine Control and Community Protection Act and
cannabis paraphernalia as defined in Section 1-10 of the Cannabis
Regulation and Tax Act, which are intended to be used unlawfully in
planting, propagating, cultivating, growing, harvesting, manufacturing,
compounding, converting, producing, processing, preparing, testing,
analyzing, packaging, repackaging, storing, containing, concealing,
injecting, ingesting, inhaling or otherwise introducing into the human
body a controlled substance in violation of the Illinois Controlled
Substances Act, or the Methamphetamine Control and Community Protection
Act or a synthetic drug product or misbranded drug in violation of
the Illinois Food, Drug and Cosmetic Act. It includes, but is not
limited to:
Kits intended to be used unlawfully in manufacturing, compounding,
converting, producing, processing or preparing a controlled substance;
Isomerization devices intended to be used unlawfully in increasing
the potency of any species of plant which is a controlled substance;
Testing equipment intended to be used unlawfully in a private
home for identifying or in analyzing the strength, effectiveness or
purity of controlled substances;
Diluents and adulterants intended to be used unlawfully for
cutting a controlled substance by private persons;
Objects intended to be used unlawfully in ingesting, inhaling
or otherwise introducing cocaine or a synthetic drug product or misbranded
drug in violation of the Illinois Food, Drug and Cosmetic Act into
the human body, including, where applicable, the following items:
Any items whose purpose, as announced or described by the seller,
is for use in violation of this Act.
Knows, acts knowingly or with knowledge:
The nature or attendant circumstances of his/her conduct, described
by the section defining the offense, when he/she is consciously aware
that his/her conduct is of such nature or that such circumstances
exist. Knowledge of a material fact includes awareness of the substantial
probability that such fact exists.
The result of his/her conduct, described by the section defining
the offense, when he/she is consciously aware that such result is
likely to be caused by his/her conduct.
Knowledge may be inferred from the surrounding circumstances
The production, preparation, propagation, compounding, conversion
or processing of cannabis, either directly or indirectly, by extraction
from substances of natural origin, or independently by means of chemical
synthesis, and includes any packaging or repackaging of cannabis or
labeling of its container, except that this term does not include
the preparation, compounding, packaging or labeling of cannabis as
an incident to lawful research, teaching, chemical analysis, or sold
and possessed as provided in the Compassionate Use of Medical Cannabis
Program Act, as amended, and the Cannabis Regulation and Tax Act,
as amended.
A colorless flammable gas used as an anesthetic and in aerosols.
Any cartridge containing less than 20 ounces of compressed
nitrous oxide (N2O).
Within the sight line with normal visual range of a person,
unassisted by visual aids, from a public street or sidewalk adjacent
to real property, or from within an adjacent property.
Any individual, corporation, business trust, estate, trust,
partnership or association, or any other entity.
Possession may be either actual or constructive.
Planting, cultivating, tending or harvesting.
Any place where a person could reasonably be expected to
be observed by others. This includes, but is not limited to, all parts
of buildings owned in whole or in part, or leased, by the state or
a unit of local government and all areas in a park, recreation area,
wildlife area or playground owned in whole or in part, leased, or
managed by the state or a unit of local government. The term "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.
[Amended by Ord. No. 1994-3; 12-16-2019 by Ord.
No. 2019-91]
A.
Possession,
exceeding state limits.
(1)
It shall be unlawful for and no person shall possess more than 30
grams of raw cannabis, cannabis-infused products containing more than
500 milligrams of THC, or five grams of cannabis product in concentrated
form.
(2)
It shall further be unlawful for and no person shall possess cannabis
at the following locations:
(a)
In a school bus, unless permitted for a qualifying patient or caregiver
pursuant to the Compassionate Use of Medical Cannabis Pilot Program
Act;
(b)
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 Pilot Program Act;
(c)
In any correctional facility;
(d)
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
(e)
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.
Possession,
sale or providing to minors prohibited.
(1)
It shall be unlawful for and no person under the age of 21 shall
possess, consume or use any substance containing cannabis or THC,
except as allowed by the Compassionate Use of Medical Cannabis Program
Act, as amended.
(2)
It shall be unlawful for and no person, after purchasing or otherwise
obtaining any substance containing cannabis or THC shall sell, give
or deliver such substance to a person under the age of 21, except
as allowed by the Compassionate Use of Medical Cannabis Program Act,
as amended
C.
Unlawful
consumption of cannabis. It shall be unlawful for and no person shall
use cannabis or cannabis -infused products at the following locations:
(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;
(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 Pilot Program Act; or
(8)
In any place where smoking is prohibited under the Smoke Free Illinois
Act.
D.
Other
prohibited acts. It shall be unlawful for and no person shall:
E.
Unlawful
possession of cannabis sativa plant. It shall be unlawful for any
person to possess a cannabis sativa plant, except as provided by the
Cannabis Regulation and Tax Act, as may be amended. It shall further
be unlawful for any person to place a cannabis sativa plant in ordinary
public view.
F.
Penalty.
Any person who pleads guilty or liable or is found guilty or liable
by a court of law or administrative tribunal for a violation of this
section shall be fined as follows:
G.
Exceptions.
(1)
Any person who manufactures, distributes, dispenses or is in possession
of any controlled substance for research purposes, pursuant to 720
ILCS 550/ 11, as hereafter amended, shall be exempt from the provisions
of this section.
(2)
Any person in possession of a compassionate use of medical cannabis
card, as provided by the Compassionate Use of Medical Cannabis Program
Act, as amended, may grow up to five cannabis plants within a secured,
enclosed facility.
(3)
Possession and/or consumption by any person in possession of a compassionate
use of medical cannabis card, as provided by the Compassionate Use
of Medical Cannabis Program Act, as may be amended, where said possession
and/or consumption is authorized by and in accordance with said Act.
(4)
Any person who is licensed and authorized by the State of Illinois
to dispense, cultivate, grow, infuse or deliver cannabis or substances
containing THC to the extent it is permitted and authorized by state
law.
H.
Admissibility
of cannabis. In a prosecution for a violation of this section, evidence
of cannabis shall only be admitted into evidence based upon:
I.
Relationship
to state laws. Except as provided herein, violations of this section
shall be considered civil in nature and prosecuted as local ordinance
violations. The City may, however, in its discretion, refer violations
involving the possession or consumption of cannabis under the Cannabis
Control Act, or other applicable law, to the State's Attorney for
charges pursuant to state law instead of bringing charges pursuant
to this section, but no person shall be charged both pursuant to this
chapter and state law for the same offense. If the law requires a
charge involving the possession or consumption of cannabis to be referred
to the State's Attorney to be charged criminally pursuant to state
law, the City shall make such a referral and shall not prosecute the
violation as a local ordinance violation.
[Amended by Ord. No. 2000-165; 12-16-2019 by Ord.
No. 2019-91]
A.
Violation
for possession of drug paraphernalia. No person shall knowingly possess
any item of drug paraphernalia where it is evident the purpose is
for unlawfully ingesting, inhaling or otherwise introducing a controlled
substance into the human body, or in preparing a controlled substance
for that use within the corporate limits of the City of Bloomington.
In determining evidence of an unlawful purpose or intent, the trier
of fact may take into consideration the proximity of the controlled
substances to the drug paraphernalia or the presence of a controlled
substance on the drug paraphernalia.
B.
Penalty.
Any person who pleads guilty or liable or is found guilty or liable
by a court of law or administrative tribunal shall be punished by
a fine of $250.
C.
Forfeiture. "Drug paraphernalia," as defined in § 28-189, seized by police officers pursuant to an arrest or issuance of a notice to appear for a violation of this section, shall be forfeited to the City upon a plea of guilty or liability, a finding of guilt or liable and/or a disposition of court supervision or probation by a court of law or upon the individual utilizing any administrative remedy allowed by the City without further order of the court. Any other items which may be seized or forfeited pursuant to 720 ILCS 600/5 may be forfeited in the same manner as described therein for a violation of this section.
D.
Exemptions.
This section does not apply to:
(1)
Items used in the preparation, compounding, packaging, labeling or
other use of a controlled substance as an incident to lawful sale,
use, 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 unless
such item has the presence of a controlled 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 definition of "drug paraphernalia" in § 28-190A
if said items are used solely for decorative purposes, when such items
have been rendered completely inoperable or incapable of being used
for any illicit purposes prohibited by this chapter.
(4)
A person who is legally authorized to possess hypodermic syringes
or needles under the Hypodermic Syringes and Needles Act, 720 ILCS
635/0.01 et seq.
E.
Relationship
to state laws. Except as provided herein, violations of this section
shall be considered civil in nature and prosecuted as local ordinance
violations. The City may, however, in its discretion, refer violations
involving the possession or use of drug paraphernalia under the Drug
Paraphernalia Control Act, or other applicable law, to the State's
Attorney for charges instead of bringing charges pursuant to this
section, but no person shall be charged both pursuant to this chapter
and state law for the same offense. If the law requires a charge involving
drug paraphernalia to be referred to the State's Attorney to be charged
criminally pursuant to state law, the City shall make such a referral
and shall not prosecute the violation as a local ordinance violation.
[Added 12-16-2019 by Ord.
No. 2019-91]
A.
Violation
for possession of cannabis paraphernalia by minors. No person under
the age of 21 shall knowingly possess any item of cannabis paraphernalia
where it is evident the purpose is for unlawfully ingesting, inhaling
or otherwise introducing cannabis into the human body, or in preparing
cannabis for that use within the corporate limits of the City of Bloomington.
In determining evidence of an unlawful purpose or intent, the trier
of fact may take into consideration the proximity of the controlled
substances to the cannabis paraphernalia or the presence of a controlled
substance on the cannabis paraphernalia. It shall not be a violation
if the possession or use is in compliance with the Compassionate Use
of Medical Cannabis Program Act or other applicable law.
B.
Penalty.
Any person who pleads guilty or liable or is found guilty or liable
by a court of law or administrative tribunal shall be punished by
a fine of eight hours of community service or a fine of $100.
C.
Forfeiture. "Cannabis paraphernalia," as defined in § 28-189, seized by police officers pursuant to an arrest or issuance of a notice to appear for a violation of this section shall be forfeited to the City upon a plea of guilty or liability, a finding of guilt or liable and/or a disposition of court supervision or probation by a court of law or upon the individual utilizing any administrative remedy allowed by the City without further order of the court. Any other items which may be seized or forfeited pursuant to 720 ILCS 600/5 may be forfeited in the same manner as described therein for a violation of this section.
A.
It shall be unlawful for the owner or person
in control of any dog or cat to permit such animal to deposit dung
on any public street, alley, parkway or other public place, or on
any premises other than those of the owner or person in control of
such animal, unless the owner or person in control of such animal
immediately collects and properly disposes of the dung deposited by
the animal.
[Ord. No. 1995-5]
B.
It shall be unlawful for the owner or person
in control of any dog or cat to deposit dung collected from such animal
on any premises other than those of the owner or person in control
of such animal.
[Ord. No. 1995-5]
C.
Any person convicted of a violation of
this section shall be fined not less than $25 for the first offense
and not less than $50 for any subsequent offense.
[Ord. No. 1995-5]
A.
No person under 18 years of age shall have
in his or her possession any cigar or cigarette or tobacco in any
of its forms. The incidental and temporary possession of tobacco by
retail sales clerks or stock clerks in the performance of their duties
shall not be a violation of this section.
[Ord. No. 1997-101]
B.
Any person who violates this section shall
be fined not more than $50 for a first offense, and for a second or
subsequent offense shall be fined not to exceed $100.
[Ord. No. 1997-101]
A.
Whenever a police officer observes one or more persons engaged in narcotics-related loitering in any public place designated for the enforcement of this section under Subsection B, the police officer shall:
(1)
Inform all such persons that they are engaged
in loitering within an area in which such loitering is prohibited;
(2)
Order all such persons to disperse and
remove themselves from within sight and hearing of the place at which
the order was issued; and
(3)
Inform those persons that they will be
subject to arrest if they fail to obey the order promptly or engage
in further narcotics-related loitering within sight or hearing of
the place at which the order was issued during the next three hours.
B.
The Chief of Police shall by written directive
designate areas of the City in which enforcement of this section is
necessary because the areas are frequently associated with narcotics-related
loitering. Prior to making a determination under this subsection,
the chief shall consult as he or she deems appropriate with persons
who are knowledgeable about the effects of narcotics-related activity
in areas in which the ordinance may be enforced. Such persons may
include, but need not be limited to, members of the department of
police with special training or experience related to narcotics-related
activity; other personnel of that department with particular knowledge
of narcotics-related activities in the proposed designated area; elected
and appointed officials of the area; and community-based organizations
which are familiar with the area. The chief shall develop and implement
procedures for the periodic review and update of designations made
under this subsection.
C.
As used in this section:
(1)
Narcotics-related loitering means remaining
in any one place under circumstances that would warrant a reasonable
person to believe that the purpose or effect of that behavior is to
facilitate the distribution of substances in violation of the Cannabis
Control Act or the Illinois Controlled Substances Act.
(2)
Public place means the public way and any
other location open to the public, whether publicly or privately owned.
D.
Any person who fails to obey promptly an order issued under Subsection A, or who engages in further narcotics-related loitering within sight or hearing of the place at which such an order was issued during the three-hour period following the time the order was issued, is subject to a fine of not less than $100 and not more than $500 for each offense, or imprisonment for not more than six months for each offense, or both. A second or subsequent offense shall be punishable by a mandatory minimum sentence of not less than five days imprisonment.
[Ord. No. 2003-96]
A.
Purpose. This section is enacted to protect,
preserve, and promote the health, safety, welfare, peace, and quiet
of the residents of the City through the reduction, control, and prevention
of loud and raucous sounds, or any noise that unreasonably disturbs,
injures, or endangers the comfort, repose, health, peace, or safety
of reasonable persons of ordinary sensitivity. Nothing in this section
shall be construed as preventing the lawful exercise of the right
to free speech protected by the Constitutions of the United States
and the State of Illinois.
[Ord. No. 2013-39]
B.
LOUD AND RAUCOUS NOISE
Definitions.
Any sound which because of its volume level, duration and character, annoys, disturbs, injures or endangers the comfort, health, peace or safety of reasonable persons of ordinary sensibilities within the limits of the City. The term includes, but is not limited to, the kinds of loud and raucous noise generated by the activities enumerated in Subsection D, but not including activities enumerated in Subsection F of this section.
[Ord. No. 2013-39]
C.
General prohibition. It shall be unlawful
for any person to make, continue, or cause to be made or continued
or to allow to be made on premises under the person's ownership or
control any loud and raucous noise. Prohibited acts may be established
both or either by the testimony of persons who have heard the noises
and by recorded decibel levels.
[Ord. No. 2013-39]
D.
Specific acts prohibited. The following
acts, as illustrations, among others, are declared to be loud and
raucous in violation of this section. This enumeration shall not be
deemed to be exclusive. Specific acts include:
(1)
Sound reproducing devices, loudspeakers,
amplifiers. The using, operating or permitting to be played, used
or operated any musical instrument, machine or electronic device,
radio receiving set, phonograph, loudspeaker, sound amplifier or other
objects for the producing or reproducing of sound in such a manner
as to disturb the peace, quiet and comfort of the neighboring inhabitants
or any time with louder volume than is necessary for the convenient
hearing of the person or persons who are in the room, chamber, vehicle
or outdoor area in which such machine or device is operated and who
are voluntary listeners thereto.
(2)
Loading, unloading, opening boxes. The
creation of loud and raucous noise in connection with loading or unloading
any vehicle or the opening and destruction of bales, boxes, crates
and containers.
(3)
Construction or repairing of buildings
and public improvement. The creation (including excavation), demolition,
alteration or repair of any structure or public improvement other
than between the hours of 7:00 a.m. until dark, Monday through Sunday,
except in cases of necessity in the interest of public health and/or
safety, and then only with a permit from the Public Works Director
or his or her designee, which permit shall be granted for a period
not to exceed three days or less while the necessity continues and
which permit may be renewed for periods of three days or less while
the necessity continues.
(4)
Schools, courts, churches and hospitals.
The creation of any loud and raucous noise on any street adjacent
to or across a real property boundary of any school, institution of
learning, church, court or hospital while the same is in use, which
unreasonably interferes with the workings of such institution, provided
conspicuous signs are displayed in such streets indicating that the
same is a school, hospital, court or church.
(5)
Blowers. The operation of any noise-creating
blower, power fan, or any internal combustion engine, other than between
the hours of 7:00 a.m. until dark, the operation of which causes noise
due to the explosion of operating gases, fuels, or fluids, provided
that the noise is loud and raucous and can be heard across the property
line of the property from which it emanates. This subparagraph shall
not apply to snow blowers and other snow removal machinery nor to
landscaping operations conducted on golf courses.
(6)
Yelling, shouting. Yelling, shouting, hooting,
whistling, or singing, so as to create loud and raucous noise, which
as a result annoys or disturbs the peace, quiet, comfort or repose
of persons in the surrounding area.
[Ord. No. 2013-39]
E.
Decibel levels. No person shall make, continue,
or cause to be made or continued or to allow to be made on premises
under the person's ownership or control any continuous, predictable
or recurring source of sound in such a manner as to create a sound
pressure level, measured on a sound level meter using the A-weighting
network, at or within the property limits of the receiving property
which exceeds (70)dB(A). Any person providing testimony on electronic
measurements shall use procedures for the measurement of sound that
conform to the standards and recommended practices established by
the American National Standards Institute.
[Ord. No. 2013-39]
F.
Exemptions. Sounds caused by the following
are exempt from the prohibitions set forth in this section:
(1)
Repairs of utility structures, which are
damaged, in disrepair, or out of service and such condition pose a
clear and immediate danger to life, health, or significant loss of
property.
(2)
Sirens, whistles, or bells lawfully used
by emergency vehicles, or other alarm systems used in case of fire,
collision, civil defense, police activity, or imminent danger, and
all sounds associated with City responses to emergency events.
(3)
Reasonable activities conducted on public
playgrounds and public or private school/university grounds, which
are conducted in accordance with the manner in which such spaces are
generally used, including, but not limited to, school/university athletic
and school/university entertainment events.
(4)
Outdoor gatherings, public dances, shows,
parades, festivals, and other similar outdoor events, provided that
a permit has been obtained from the appropriate permitting authority.
(5)
Any event that is sponsored by and directly
controlled by the City or its designee.
(6)
Chiming of bells or other similar sounds
produced by a religious institution, school, or clock or bell tower.
(7)
Sounds measured within any manufacturing
district; excluding sounds generated within any manufacturing district
that are measured outside the boundary of the manufacturing district.
[Ord. No. 2013-39]
G.
Penalty. Any person found guilty of violating
any of the provisions of this section shall be fined not less than
$100 for the first offense and not less than $250 for any subsequent
offense. A separate and distinct offense is deemed committed each
day such violation continues.
[Ord. No. 2013-39]
