For the purpose of this chapter, the following words and phrases
described in this chapter have the following meanings, except when
a particular context clearly requires a different meaning:
ACQUITTAL
A verdict or finding of not guilty of an ordinance offense,
rendered by a legally constituted jury, or by a court of competent
jurisdiction authorized to try the case without a jury.
ACT
Includes a failure or omission to take action.
ANOTHER
A person or persons (as defined herein) other than the offender.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
CITY or THIS CITY
The City of Columbia, Illinois and all of the land and water
in respect to which the City has either exclusive or concurrent jurisdiction,
and the air space above such land and water.
CONDUCT
An act or a series of acts, and the accompanying mental state.
CONVICTION
A judgment of conviction or sentence entered upon a plea
of guilty or upon a verdict or finding of guilty of an ordinance offense,
rendered by a legally constituted jury or by a court of competent
jurisdiction authorized to try the case without a jury.
DWELLING
A building or portion thereof, a tent, a vehicle, or other
enclosed space which is used or intended for use as a human habitation,
home or residence; a house, apartment, mobile home, trailer, or other
living quarters in which, at the time of the alleged offense, the
owners or occupants actually reside or in their absence intend within
a reasonable period of time to reside.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
INCLUDED OFFENSE
An offense which:
A.
Is established by proof of the same or less than all of the
facts of a less culpable mental state (or both) than that which is
required to establish commission of the offense charge; or
B.
Consists of an attempt to commit the offense charged or an offense
included therein.
INCLUDES or INCLUDING
Comprehending among other particulars, without limiting the
generality of the foregoing word or phrase.
OFFENSE
A violation of the Municipal Code or the ordinances of the
City.
PEACE OFFICER
Any person who, by virtue of his office or public appointment,
is vested by law with the duty to maintain public order or to make
arrests for offenses, whether that duty extends to all offenses or
is limited to specific offenses; or any person who, by statute, is
granted and authorized to exercise powers similar to those conferred
upon any peace officer employed by a law enforcement agency of the
City.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
PERSON
An individual, natural person, private or public corporation,
government, partnership, unincorporated association or other entity.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
PROSECUTION
All proceedings by which that person's liability for a Municipal
Code or ordinance offense is determined, commencing with the filing
of a citation, information or complaint, and including the final disposition
of the case upon appeal.
PUBLIC EMPLOYEE
A person, other than a public officer, who is authorized
to perform any official function on behalf of and is paid by the City.
PUBLIC OFFICER
A person who is elected to City office pursuant to statute,
or who is appointed to a City office which is established, and the
qualifications and duties which are prescribed by statute, to discharge
a public duty for the City.
SOLICIT or SOLICITATION
To command, authorize, urge, incite, request or advise in
order to commit an offense under the Municipal Code and ordinances
of the City.
[Amended 4-20-2015 by Ord. No. 3180]
Any person violating any provision of this chapter shall be fined not less than $100 and not more than $750 for each offense, in accordance with the provisions of 65 ILCS 5/1-2-1, as amended; except that a violation of the following sections shall be regarded as misdemeanor criminal offenses punishable by incarceration in a penal institution other than the penitentiary not to exceed six months, in accordance with the provisions of 65 ILCS 5/1-2-1.1, as amended: §§
256-2.2,
256-3.5,
256-3.6, 256-4.12, 256-4.16, 256-4.17, 256-5.1, and Article
VI. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.