City of Lincoln, IL Miscellaneous Offenses

Unlawful Assembly: Any two or more persons who shall, within the City, assemble together 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 the City, or who shall make any movement or preparation therefor, shall be severally subject to a fine of not less than $25 nor more than $200 upon a refusal to disperse after being requested to do so by any police officer or other conservator of the peace.

Permitting Premises For Unlawful Assembly: 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 the City shall, upon conviction, be fined not less than $25 nor more than $200.

§ 6-4-4 Billposting.

[1960 Code § 8.08.010]

The pasting, sticking or placing of any advertisement, handbill, placard or of any printed, pictured or written matter or thing whatsoever upon any house, wall, building, fence, railing, sidewalk or other property, public or private, without permission of the owner or person in charge thereof is hereby declared a nuisance and any person found guilty of so doing shall be fined not less than $25 nor more than $200.

§ 6-4-5 Breach Of Peace.

[1960 Code, Sec. 8.10.010]

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, in the street or elsewhere in the City, 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 $25 nor more than $200.

§ 6-4-6 Climbing On Trains, Vehicles.

[1960 Code, Secs. 8.16.010, 8.18.010]

Railroad Cars, Public Conveyances: It shall be unlawful for any person to play upon or about any railroad track, depot, locomotive or car within the City or climb upon or jump upon or from any motor bus while the same may be in motion. Every person who is not a passenger upon such car or motorbus and has not paid his fare for such conveyance who shall violate any of the provisions of this subsection shall, upon conviction, be fined not less than $25 nor more than $200 for each offense.

Climbing On Vehicles: No person shall climb upon or into any automobile, wagon, sleigh or other vehicle or attach his sled or cart to any such vehicle without the consent of the driver thereof; or shall otherwise wilfully molest or annoy any person in the City, under a penalty of not less than $25 nor more than $200 in each case.

§ 6-4-7 Concealed Weapons.

[1975 Code]

A person commits the offense of unlawful use or concealment of weapons when he knowingly:

Sells, manufactures, purchases, possesses or carries any bludgeon, blackjack, slingshot, sand club, sandbag, metal knuckles or any knife commonly referred to as a switchblade knife, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife; or

Carries or possesses with intent to use the same unlawfully against another, a dagger, dirk, billy, dangerous knife, razor, stiletto, broken bottle or other piece of glass, or any other dangerous or deadly weapon or instrument of like character; or

Carries on or about his person or in any vehicle a tear gas gun projector or bomb or any object containing noxious liquid gas or substance; or

Carries concealed in any vehicle or concealed on or about his person except when on his land or in his own abode or fixed place of business any pistol, revolver or other firearm; or

Sets a spring gun; or

Possesses any device or attachment of any kind designed, used or intended for use in silencing the report of any firearm; or

(G)

Sells, manufactures, purchases, possesses or carries any weapon from which more than eight shots or bullets may be discharged by a single function of the firing device, any shotgun with a barrel less than 18 inches in length, or any bomb, bombshell, grenade, bottle or other container containing an explosive substance, such as, but not limited to, black powder bombs and Molotov cocktails; or

(H)

Carries or possess any firearm or other deadly weapon in any place which is licensed to sell intoxicating beverages, or at any public gathering held pursuant to a license issued by any governmental body or any public gathering at which an admission is charged, excluding a place where a showing, demonstration or lecture involving the exhibition of unloaded firearms is conducted; or

(I)

Carries or possesses in a vehicle or on or about his person any pistol revolver or firearm when he is hooded, robed or masked in such manner as to conceal his identity; or

(J)

Carries or possesses in a vehicle or on or about his person within the corporate limits of the City, except when on his land or in his own abode or fixed place of business, any loaded pistol, revolver or other firearm.

The presence in an automobile, other than a public omnibus, of any weapon, instrument or substance referred to in this section is prima facie evidence that it is in the possession of and is being carried by all persons occupying such automobile at the time such weapon, instrument or substance is found, except under the following circumstances: a) if such weapon, instrument or instrumentality is found upon the person of one of the occupants therein; or b) if such weapon, instrument or substance is found in an automobile operated for hire by a duly licensed driver in the due, lawful and proper pursuit of his trade, then such presumption shall not apply to the driver.

Exemptions to the above regulations and further regulations governing the use of deadly weapons are as provided by statute.[1]

[1]

See 720 ILCS 5/24-1.

§ 6-4-8 Discharge Of Firearms, Fireworks.

[1975 Code; Ord. 83, 9-5-1978; Ord. 313, 7-16-1990; 7-6-2021 by Ord. No. 2021-951]

Use Prohibited: No person shall cast, throw, light or fire any squib, cracker, torpedoes, grenade, gun, revolver, pistol or cartridge or other combustible firecrackers or fireworks, or firearms of any kind.

Sale and Display Prohibited: No person shall exhibit, or have in his possession with intent to give away, sell or offer for sale, fireworks of any kind.

The prohibition of this section shall not apply to the sale, storage or use of railroad torpedoes or other signaling device or the use of flashlight composition by photographers or dealers in photographic supplies.

This prohibition shall not apply to prevent any public demonstration or display of fireworks of any kind conducted under proper fire department supervision and after application made and permit issued by the Fire Chief for such demonstration.

Air Rifles:

Definitions: "Air rifle" means and includes any air gun, air pistol, spring gun, spring pistol, BB gun, pellet gun or any implement that is not a firearm which impels a pellet constructed of hard plastic, steel, lead or other hard materials with a force that reasonably is expected to cause bodily harm.

Carrying or Discharging Air Rifles on Public Streets: It is unlawful for any person under the age of 13 to carry any air rifle on the public streets, roads, highways or public lands within the corporate limits of the City, unless each person under 13 years of age carries such rifle unloaded.

(a)

It is unlawful for any person to discharge any air rifle upon private property within the City, or from or across any street, sidewalk, road, highway or public land or any public place except on a safely constructed target range.

Seizure and Removal: The City police shall seize, take, remove or cause to be removed at the expense of the owner, any air rifle used in any manner in violation of this chapter.

Penalties: Any person or business convicted of a violation of this subsection shall be fined $150 for the first offense, $250 for the second offense, and $500 for each additional offense. Each separate occurrence shall be deemed a new offense. If the offense involves an air rifle then the offender may be punished by having the air rifle impounded for a period not to exceed 30 days for a first offense.

§ 6-4-9 Disturbing The Peace, Disorderly Conduct.

[1960 Code § 8.26.010; amended Ord. 2013-778, 5-20-2013]

Whoever shall disturb the peace and quiet of the City or of any private family or of any citizen or shall be guilty of any violent, tumultuous, offensive or disorderly conduct, or shall make any loud or unusual noise or disturbance shall be subject to a penalty of not less than $75 nor more than $750 for each offense.

§ 6-4-10 Disturbing Lawful, Religious Assemblages.

[1960 Code § 8.26.030]

Whoever shall interrupt or disturb any congregation or assembly met for the purpose of religious worship or for any other lawful purpose or any funeral procession or assembly, by making any loud or unusual noise or by any rude or indecent behavior or by profane, obscene or improper discourse or conduct, shall upon conviction, be fined not less than $25 nor more than $200.

§ 6-4-11 Gambling.

[1975 Code; Ord. 2013-763, 1-22-2013]

Participation Prohibited: No person shall engage in a game of chance prohibited by the statutes of the state of Illinois or the provisions of this Code.

Possession Of Materials: No person shall have in his possession any evidence of illegal gambling in the nature of policy or pool tickets, slips, checks or memoranda of any combination or bet, or any policy wheel, dice, implement, apparatus or material of any form of illegal gambling or lottery.

Owner Of Premises: No person being the owner or person in control of the premises shall knowingly permit the use or occupancy thereof for illegal gambling.

§ 6-4-12 Harmful Materials, Regulations Governing.

[Ord. 23, 2-3-1975]

Control Of Harmful Material To Minors: It shall be unlawful for any person with knowledge that a person is 17 years of age or younger, or who fails to exercise reasonable care in determining the age of such person, to give, sell, send, deliver, offer for sale, distribute, publish, print or exhibit to any person 17 years of age or younger any harmful material with knowledge of the content thereof, or failing to exercise reasonable inspection which would have disclosed the nature or content thereof, whether writing, picture, moving picture, drawing, painting, record, television picture, film, portrayal, or other representation of any object, body or activity, or to present or to direct a harmful play or other performance, or to perform a harmful act or otherwise promote the sale of harmful material to any person 17 years of age or younger.

Definition: A thing shall be deemed to be "harmful" which in whole or in part depicts or describes patently offensive representations or descriptions of nude persons, ultimate sexual acts, normal or perverted sexual conduct, whether actual or simulated, or patently offensive representations or descriptions of masturbation, excretory functions and lewd exhibitions of the human genitals.

A thing shall also be deemed to be "harmful" when, to the average person applying contemporary community standards taken as a whole, appeals to a prurient interest and lacks serious literary, artistic, political or scientific value.

Affirmative Defense: It shall be an affirmative defense to this offense:

That the material described herein has legitimate and substantial scientific, literary, educational or artistic value;

That the accused: a) required and was shown by each of the purchasers, donees, recipients, distributees, observers or members of the audience as may be applicable, some evidence of the fact that he or she was 18 years of age or over; and b) that the accused required and obtained a legibly signed certification of the name and address of each purchaser, donee, recipient, distributee, observer, or member of the audience that he or she is 18 years of age or older.

Nuisance Open Air Theaters: No person shall operate, manage or control an open air theater, whether a drive-in or otherwise, at which on a screen by still or moving picture or by live performance is exhibited, depicted, displayed or shown any of the harmful material described in Subsection (B) of this section in such circumstances or location as to constitute an assault upon or an invasion of the privacy of persons residing within a viewing distance of 2,000 feet from the matter exhibited, depicted, displayed or shown.

Any open air theater at which the owner, manager, operator or any of his employees or agents violates this section is hereby declared a nuisance.

Nuisance Publications Display: No person shall operate, manage or control any place of business at which any of the harmful material described in Subsection (B) of this section are exhibited, displayed, depicted, or shown by drawing, photograph, painting, sculpture or otherwise, in such locations as to allow such material to be seen by any person 17 years of age or younger proceeding along the public way or along a common way of a public building. The public way means any public thoroughfare, street, avenue, path, road or highway. The common way of a public building means the aisle, stairway, entranceway, escalator, elevator, hallway, foyer, ramp or restrooms over which the general public, whether or not customers or patrons, proceed inside or about a building or premises.

Any place of business at which the owner, operator, manager or any of their employees or agents violates this section is hereby declared a nuisance.

Violation: Any person, firm or corporation violating the provisions of this section shall be guilty of a misdemeanor and shall, upon conviction, be fined not less than $25 nor more than $200 for each offense.

§ 6-4-13 Exhibiting Animals.

[1960 Code, Secs. 8.38.030, 8.28.040]

Whoever shall indecently exhibit any stallion, bull, jackass or other animal, except in an enclosed place out of public view, and then not within one block of any school building nor within 150 feet of a private dwelling, or shall drive any stallion along the public streets of the City in such manner as to be offensive to public view shall, in either case, be subject to a fine of not less than $25 nor more than $200.

No person shall let any stallion, jack or bull to any mare, jenny, or cow within the limits of the City unless in some enclosed place out of public view and then not within one block of any school building nor within 150 feet of any private dwelling, nor nearer any street than 100 feet under a penalty of not less than $25 nor more than $200 for each offense.

§ 6-4-14 Indecent Exposure.

[1960 Code, Sec. 8.38.050; amended 9-7-2021 by Ord. No. 2021-955]

Whoever shall, in the City, make any indecent exposure of his or her person, or shall appear in any public place or place exposed to public view by being in a state of nudity, shall be guilty of indecent exposure and upon conviction be fined not less than $75 nor more than $500 for each offense.

§ 6-4-15 Injuring Property.

[1960 Code, Secs. 8.40.010, 8.40.020, 8.40.030, 8.40.040, 8.40.050, 8.40.060]

Violation, Penalty: Whoever shall wilfully, maliciously or negligently break, deface, injure or destroy any property belonging to the state, county or City or any private property shall be subject to a fine of not less than $25 and not exceeding $200 and shall also be liable for the costs of repairing the injuries committed, which may be recovered in the same or in a separate suit.

Injuring Trees: Any person not being the owner who shall, within the 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, lawn or 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, plant, vegetable or other thing which may be therein for ornament or utility shall, upon conviction, be fined not less than $25 nor more than $200 for each and every such offense.

Defacing Property; Injuring Flowers:

Whoever shall, without the consent of the owner or occupant of the premises, cut, mark, scratch, deface or otherwise injure any fence, gate, railing or any part of any building or pluck, injure or deface any flower, shrub or tree in any boulevard or lawn shall, upon conviction, be fined not less than $25 nor more than $200 for each offense.

Defacing Posters: No person shall cover, mutilate, deface, tear down, destroy or injure in any manner any poster, bill, advertisement or legal notice lawfully upon any billboard or other place within the City within 10 days after the same may have been posted, nor until after the expiration of the time for which the same is posted, where the time is stated. Any person violating the provisions of this subsection shall, upon conviction, be fined not less than $25 nor more than $200.

Removing Grade Stakes, Monuments: Any person who shall wilfully or heedlessly change, remove or destroy any stone, stake or post set or placed to mark the corner of any lot or parcel of ground, street or alley or to show the grade of any street, alley or sidewalk of the City shall, upon conviction, be fined not less than $25 nor more than $200 for each offense.

Tampering With Utility Service Boxes: Whoever shall wilfully or heedlessly break, deface, injure, remove or carry away any cap or service lid placed upon any of the service boxes of the gas, light or water company within the City shall, upon conviction, forfeit and pay a fine of not less than $25 nor more than $200.

§ 6-4-16 (Reserved) [1]

[1]

Editor's Note: Former Section 6-4-16, Intoxication, as amended, was repealed 6-7-2021 by Ord. No. 2021-944.

§ 6-4-17 Lease Of Premises Prohibited.

[1960 Code § 8.44.010]

Whoever shall knowingly rent or lease to another any building, room or premises to be used or occupied in whole or in part as a gaming house or place for persons to come together and gamble or shall knowingly rent or lease any such building, room or premises to be used in whole or in part as a house of ill fame, bawdyhouse or place for the practice of fornication or adultery, or whoever shall knowingly suffer or permit the same to be used for any of the purposes above specified shall be fined not less than $25 nor more than $200.

§ 6-4-18 Loitering Near Public Places.

[1960 Code § 8.52.030]

It is unlawful for any person to loiter or congregate upon the streets, sidewalks or alleys of the City in the vicinity of any church, school, theater, hotel railroad depot, store, factory or other public place to the annoyance or disturbance of any person or persons. Any number of persons not less than three who shall congregate upon the streets, sidewalks or alleys of the City in the vicinity of any church, school, theater, hotel, railroad depot, store, factory or other public place and who shall refuse to disperse when requested to do so by any member of the police force or by any person annoyed thereby, shall be subject to a fine of not less than $25 nor more than $200 for each offense.

§ 6-4-19 Malicious Mischief.

[1960 Code § 8.48.010]

Whoever shall wilfully and maliciously tear up, injure, deface or destroy any sidewalk, curbing, street paving or crossing upon any street, avenue, alley or public place or ground; or any fire alarm, sewer, drain or any other municipal improvement; or any building or bridge, or any other property, real or personal, belonging to the City or to any private person; or any property used in any business impressed with a public interest and usually designated as a public service corporation, such as waterworks, gas, electric light, telephone, telegraph, street railway or steam heating companies; or who shall maliciously and wilfully interfere or meddle in any way with the operation of any such business as before enumerated shall, in any case be fined not less than $25 nor more than $200.

§ 6-4-20 Minors, Curfew.

[1975 Code]

Children On Streets: No person under the age of 18 years shall be present at or upon any public assembly, building, place, street or highway at the following times unless accompanied and supervised by a parent, legal guardian or other responsible companion at least 21 years of age approved by a parent or legal guardian, or unless engaged in a business or occupation which the laws of this state authorize a person less than 18 years of age to perform:

Between one minute after 12:01 a.m. and 6:00 a.m. Saturday.

Between one minute after 12:01 a.m. and 6:00 a.m. Sunday.

Between 11:00 p.m. on Sunday to Thursday, inclusive, and 6:00 a.m. on the following day.

Permitting Child To Violate Curfew: No parent, legal guardian or other person shall knowingly permit a person in his custody or control to violate Subsection (A) of this section.

§ 6-4-21 Obstruct Passageways.

[1960 Code § 8.20.010]

It shall be unlawful for any person in the City to loiter or congregate about any stairway, doorway, window or in front of any business or dwelling house, theater, lecture room, church, street or 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 their 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, and every person violating any of the provisions of this section shall be deemed guilty of a misdemeanor and shall, upon conviction, be fined not less than $25 nor more than $200 for each offense, and it shall be the duty of every police officer to arrest and prosecute all persons violating this section.

§ 6-4-22 School Property.

[1960 Code § 8.62.020]

No person shall go upon, into, pass through or over any property or premises used for school purposes within the City under a penalty of not less than $25 nor more than $200; provided, that this section shall not be so construed as to apply to children while attending school, teachers, janitors and such other persons as may go upon such property or premises for the transaction of any lawful business.

§ 6-4-23 Graffiti.

[Ord. 350, 1-20-1993]

Graffiti Outlawed: 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. 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.

Definition: "Graffiti" shall mean any drawing, inscription, writing, figure or mark 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, lamppost, 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.

Violation And Penalty: Any person who is convicted of violation of this section shall be punished by a fine of not less than $500. Each wall or exposed surface marked by graffiti shall constitute a separate offense.

§ 6-4-24 Cannabis, Synthetics, And Paraphernalia.

[Ord. 2016-856, 9-19-2016; amended Ord. 2019-913, 12-16-2019]

PRODUCT CONTAINING A SYNTHETIC ALTERNATIVE DRUG

Definitions: All defined terms used in this section which are not expressly defined herein shall have the meaning ascribed to such term in the Illinois controlled substances act or the Illinois cannabis control act. As used in this chapter, unless the context otherwise requires:

CANNABIS

Shall have the meaning ascribed to it in Section 3 of the Illinois cannabis control act, as if that definition were incorporated herein.

CONTROLLED SUBSTANCES

Shall have the meaning ascribed to it in the Illinois controlled substances act, as if that definition were incorporated herein.

DELIVER or DELIVERY

The actual, constructive or attempted transfer of possession, with or without consideration, whether or not there is an agency relationship.

DRUG PARAPHERNALIA

All equipment, products and materials of any kind which are used, intended for use or assigned for use, 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. It includes, but is not limited to:

(a)

Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing of controlled substances.

(b)

Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance.

(c)

Testing equipment used, intended for use or designed for use in identifying or in analyzing the strength, effectiveness or purity controlled substances.

(d)

Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances.

(e)

Diluents and adulterants, such as quinine, hydrochloride, mannitol, mannite, dextrose and lactose used, intended for use or designed for use in cutting controlled substances.

(f)

Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding controlled substances.

(g)

Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances.

(h)

Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances.

(i)

Hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting controlled substances into the human body.

(j)

Objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing controlled substances as defined by the Illinois controlled substances act.

In determining whether an object is drug paraphernalia, a court or other authority considers, in addition to all other logically relevant factors, the following:

(a)

Statements by an owner or by anyone in control of the object concerning its use.

(b)

Prior convictions, if any, of an owner or of anyone in control of the object, under any state or federal law relating to any controlled substance.

(c)

The proximity of the object in time and space to direct violation of this chapter.

(d)

The proximity of the object to controlled substance.

(e)

The existence of any residue of controlled substances on the object.

(f)

Direct or circumstantial evidence of the intent of an owner or of anyone in control of the object to deliver it to persons whom he or she knows or should reasonably know intend to use the object to facilitate a violation of the Illinois controlled substances act. The innocence of an owner or of anyone in control of the object as to a direct violation of the Illinois controlled substances act shall not prevent a finding that the object is intended for use or assigned for use as "drug paraphernalia."

(g)

Instructions, oral or written, provided with the object concerning its use.

(h)

Descriptive materials accompanying the object which explain or depict its use.

(i)

National and local advertising concerning its use.

(j)

The manner in which the object is displayed for sale.

(k)

Whether the owner or anyone in control of the object is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products.

(l)

Direct or circumstantial evidence of the ration of sales of the object(s) to the total sales of the business enterprise.

(m)

The existence and scope of legitimate uses for the object in the community.

(n)

Expert testimony concerning its use.

MANUFACTURER

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, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of cannabis or labeling of its container; except, that manufacturer does not include the preparation, compounding, packaging or labeling of cannabis as an incident to lawful research, teaching or chemical analysis and not for sale.

PERSON

Any individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other entity.

PRODUCE or PRODUCTION

Planting, cultivating, tending or harvesting.

Any product containing a "synthetic cannabinoid", as the term is defined herein, or a drug that is misbranded or falsely advertised as a product containing a synthetic alternative drug.

PUBLIC PLACE

Any place that is not a residence from which an individual has a reasonable expectation of privacy. In order to have a reasonable expectation of privacy one must not be easily observable to the general populace (i.e. in the front yard, front porch, in a road facing attached garage with the door open, etc.).

STATE

Includes the state of Illinois and any state, district, commonwealth, territory, insular possession thereof, and any area subject to the legal authority of the United States of America.

SYNTHETIC CANNABINOID

Any compound that functions similar to the active ingredient in marijuana, tetrahydrocannabinol (THC), including, but not limited to, any quantity of a natural or synthetic material, compound, mixture, preparation, substance and their analog (including isomers, esters, ethers, salts, and salts of isomers) containing a cannabinoid receptor agonist.

Unlawful Use Or Possession Of Drug Paraphernalia: It is unlawful for any person to use or to possess with intent to use drug paraphernalia to manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body, a controlled substance in violation of the Illinois Controlled Substances Act.[1]

[Amended 1-3-2023 by Ord. No. 2023-997]

[1]

Editor's Note: See 720 ILCS 570/100 et seq.

Unlawful Use Of Cannabis: It is unlawful for any person to consume cannabis in any public place, within a residence or housing that is federally assured, or on property/place where one can be viewed by the public. Furthermore use of cannabis is not permitted in the presence of minor children even in a private residence.

Possession Of Not More Than 10 Grams Of Cannabis: It is unlawful for any person under 21 to knowingly possess not more than 10 grams of any substance containing cannabis.

[Amended 1-3-2023 by Ord. No. 2023-997]

Possession Of Not More Than 30 Grams Of Cannabis: It is unlawful for any person under 21 to knowingly possess more than 10 grams and not more than 30 grams of any substance containing cannabis.

[Amended 1-3-2023 by Ord. No. 2023-997]

Possession Of More Than 30 Grams Of Cannabis:

[Added 1-3-2023 by Ord. No. 2023-997[2]]

It is unlawful for any Illinois resident to knowingly possess more than 30 grams of cannabis flower, five grams of cannabis concentrate, and 500 milligrams of THC contained in a cannabis-infused product.

It is unlawful for any non-Illinois resident to knowingly possess more than 15 grams of cannabis flower, 2.5 grams of cannabis concentrate, and 250 milligrams of THC contained in a cannabis-infused product.

[2]

Editor's Note: This ordinance also redesignated former Subsections (F) through (M) as Subsections (H) through (O), respectively.

(G)

Transportation: No driver or passenger may possess cannabis within any area of any motor vehicle upon a highway in this state except in a secured, sealed or resealable, odor-proof, child-resistant cannabis container that is inaccessible.

[Added 1-3-2023 by Ord. No. 2023-997]

(H)

Delivery Or Intent To Deliver Drug Paraphernalia:

[Amended 1-3-2023 by Ord. No. 2023-997]

Prohibited Generally: It is unlawful for any person to deliver, possess with intent to deliver or manufacture with intent to deliver drug paraphernalia knowing, or under circumstances where one reasonably should know, that it will be used to manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, inject, inhale or otherwise introduce into the human body, controlled substance in violation of the Illinois Controlled Substances Act.

(I)

Advertising Drug Paraphernalia: It is unlawful for any person to place in any newspaper, magazine, handbill or other publication any advertisement knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.

(J)

Sale Or Delivery Of A Synthetic Alternative Drug: It is unlawful for any person to sell, offer for sale, publicly display for sale or attempt to sell, give, deliver, or barter any product containing a synthetic alternative drug.

(K)

Possession Of A Synthetic Alternative Drug: It is unlawful for any person to knowingly possess or deliver a product containing a synthetic alternative drug with the intent of using the product for ingestion, consumption, inhaling, or intravenous use. In determining intent under this section, a trier of fact may take into consideration, among other things: the proximity of the product to drug paraphernalia; the presence of the product on or within drug paraphernalia; and whether or not the individual in possession of the product is exhibiting physical effects commonly associated with being under the influence of synthetic cannabis.

[Amended 1-3-2023 by Ord. No. 2023-997]

(L)

Manufacture: It shall be unlawful for any person to manufacture, or assemble the ingredients with the intent to manufacture, a product containing a synthetic alternative drug. In determining intent under this division, a trier of fact may take into consideration, among other things: the proximity of the product or ingredients to drug paraphernalia; the presence of the product or ingredients on or within drug paraphernalia.

(M)

Exceptions.

[Amended 1-3-2023 by Ord. No. 2023-997]

As of January 1, 2020, Illinois residents over the age of 21 may have no more than 30 grams of cannabis flower, five grams of cannabis concentrate, or 500 milligrams of THC contained in a cannabis-infused product. Non-Illinois residents over the age of 21 may have 15 grams of cannabis flower, 2.5 grams of cannabis, and 250 milligrams of THC contained in a cannabis-infused product.

The above described cannabis possession exceptions may be consumed in the privacy of a residence or housing, provided that the residence or housing is not federally assured (i.e., public housing). Use of legally acquired cannabis is not permitted in a public space. Home consumption is only permitted where one has a reasonable expectation of privacy. Examples of home consumption not permitted is out in one's yard where there is not a fence to block the view from the public, in an attached garage with the door open, in a detached garage, etc.

Transportation of cannabis flower, cannabis concentrate, or cannabis infused products is permitted, provided that the product is properly sealed in an odor-proof and child-proof sealed container.

(N)

Penalties:

[Amended 1-3-2023 by Ord. No. 2023-997]

Any person found to be in violation of Subsection (C), (D), or (G) of this section shall be subject to a minimum fine of $250 and a maximum fine of $500.

Any person found to be in violation of Subsection (B), (E), (H), (I), or (J) of this section shall be subject to fine of not less than $750 for each violation thereof.

Any person found to be in violation of Subsection (F), (K), or (L) of this section shall be subject to a fine of not less than $500 and not more than $750 for each violation thereof.

Each violation of this section, or every day a violation continues to exist, shall constitute a new and separate violation.

(O)

Special Fund: One-half of all fines and penalties received under the foregoing subsections of this section shall be placed in a special fund. The fund shall be used as directed by the City Council from time to time for the enforcement and prevention of alcohol and drug abuse by minors and others in the City. The remaining 1/2 of said monies shall be deposited in the City police fund.

§ 6-4-25 Truancy.

[Ord. 668, 2-5-2008]

Definitions:

PARENT

Any person having legal custody of a person or a student who is:

A natural parent, adoptive parent, or stepparent; or

At least 18 years of age and authorized by a parent or guardian to have the care and custody of a student; or

A legal guardian; or

A person who stands in loco parentis; or

A person to whom legal custody has been given by court order.

STUDENT

Any person between the ages of seven and 17 years subject to compulsory school attendance under the Illinois school code, 105 Illinois Compiled Statutes 5/26-1, and who is enrolled in a public, private, or parochial school within the corporate limits of the City of Lincoln. Students who are instructed in a home school program are not subject to the provisions of this section.

TRUANT

A child subject to compulsory school attendance under the Illinois school code, 105 Illinois Compiled Statutes 5/26-1, and who is absent without valid cause, as defined in this section, from such attendance for a school day or portion thereof.

VALID CAUSE FOR ABSENCE

Illness, observance of a religious holiday, death in the immediate family, family emergency, and shall include such other situations beyond the control of the student as determined by the principal of each school district or the principal's designee, or such other circumstances which cause reasonable concern to the parent for the safety or health of the student.

Truancy Prohibited:

It shall be unlawful for any student to absent himself or herself from attendance during all, or part of, a school day during a time when school is in session without valid cause.

Each day, or period, that a student absents himself or herself from attendance in school or a school class during a time when school is in session without valid cause shall constitute a separate offense and shall be punishable as such.

Parental Responsibility:

No parent or other person having custody or control of a student under the age of 10 years of age shall, without valid cause, permit such student to absent himself or herself from attendance at a public, private or parochial school on such date(s), and during such hour(s), as the school may be regularly in session. Such parent shall be deemed to permit a student's unexcused absence from school if a student under the age of 10 years of age is convicted of violating any provision(s) of this section.

If a student under 10 years of age is convicted of violating any provision(s) of this section, the parent or custodian of said student is liable for their student's violation(s) and shall be subject to the penalties set forth in the following subsections.

It shall be an offense under this section for a parent to knowingly submit to school authorities a written excuse, which explains the absence from school attendance of the student in his or her care or control that contains false information.

Enforcement Procedures: A citation for the violation of this section may be issued by a police officer of the Lincoln police department, a truancy caseworker from Logan/Mason/Menard Regional Office of Education No. 38, or a truancy caseworker from any public school district in the City of Lincoln.

Prior to a citation being issued, the police officer or the truancy caseworker shall confirm with the regional superintendent of education or the administration of the public school district in which the individual would normally be enrolled that the individual to whom a citation is to be issued is or has been absent from school without valid cause.

Exemptions: The following students shall be exempt from the provisions of this section:

Any student attending a school sanctioned event away from school grounds with the school's permission.

Any student over 12 years of age and under 14 years of age while in attendance at confirmation classes.

Any student necessarily or lawfully employed according to the provisions of the laws regulating child labor may be excused from attendance at school by the regional superintendent of schools or the superintendent of the public school which the child should be attending on certification of the facts by and the recommendation of the school board of the public school district in which the child resides.

Any student who is excused for the lunch period pursuant to the rules of the school in which the student is enrolled.

Any student who is physically or mentally unable to attend school, such disability being certified to the county or district truant officer by a competent physician licensed in Illinois to practice medicine, surgery, and all of its branches, an advance practice nurse who has written a collaborative agreement with a collaborating physician that authorizes the advance practice nurse to perform health examinations, a physician assistant who has been delegated the authority to perform health examinations by his or her supervising physician, or a Christian Science practitioner residing in the state and listed in the "Christian Science Journal", or who is excused for temporary absence for cause by the principal or teacher of the school which the student attends; the exemptions of this Subsection (E)5 do not apply to any female who is pregnant or the mother of one or more children, except where a female is unable to attend school due to a complication arising from her pregnancy and the existence of such complication is certified to the county or district truant officer by a competent physician.

Any student absent from school on a particular day or days or at a particular time of day for the reason that he is unable to attend classes or to participate in any examination, study, or work requirements on a particular day or days or a particular time of day because the tenets of his or her religion forbid secular activity on a particular day or days or at a particular time of day. Each school board shall prescribe rules and regulations relative to absences for religious holidays, including, but not limited to, a list of religious holidays on which it shall be mandatory to excuse a student; but nothing in this Subsection (E)6 shall be construed to limit the right of any school board, at its discretion, to excuse an absence on any other day by reason of the observance of a religious holiday. A school board may require the parent or guardian of the student who is excused from attending school due to the observance of a religious holiday to give notice, not exceeding five days, of the student's absence to the school principal or other school personnel. Any student excused from attending school under this Subsection (E)6 shall not be required to submit a written excuse for such absence after returning to school.

Any student 16 years of age or older who: a) submits to a school district evidence of necessary and lawful employment pursuant to this section; and b) is enrolled in a graduation incentives program pursuant to Section 26-16 of the Illinois school code or an alternative learning opportunities program established pursuant to Article 13B of the Illinois school code.

Penalties: Any person convicted of a violation of any provision of this section shall be punished by a fine of not more than $50 for the first offense, $75 for the second offense, and $100 for the third and subsequent offenses. In lieu of a fine, any person convicted of a violation of this section may be ordered to perform community service as directed by the circuit court.

§ 6-4-26 Loud, Disturbing, And Unnecessary Noises.

[Ord. 2013-790, 11-18-2013; amended Ord. 2020-923, 6-15-2020; 7-6-2021 by Ord. No. 2021-950]

The creating of any unreasonably loud, disturbing and unnecessary noise within the limits of the City is prohibited. The following acts are declared to be loud, disturbing, and unnecessary noises, in violation of this section, but this enumeration shall not be deemed to be exclusive, namely:

Blowing Horns: Causing the sounding of any horn or signal device on any automobile, motorcycle, or other vehicle, so as to create an unreasonably loud or harsh sound, and/or the sounding of such device for an unnecessary and unreasonable period of time.

Commercial Business: The playing of any amplified sound or musical instruments with such volume inside of a restaurant or tavern, particularly between the hours of 12:00 midnight and 7:00 a.m., or outside of a restaurant or tavern between the hours of 11:00 p.m. and 7:00 a.m., as to unreasonably annoy or disturb the quiet, comfort or repose of the City or of any citizen of the City.

Yelling, Shouting, Hooting, Etc.: Yelling, shouting, hooting, whistling or singing, particularly on the public streets between the hours of 9:00 p.m. and 7:00 a.m., or at any other time or place so as to unreasonably annoy or disturb the quiet, comfort or repose of any person in the vicinity.

Pets: The keeping of any animal (except dogs), bird, or fowl, which by causing frequent or long continued noises, shall disturb the comfort or repose of any person in the vicinity.

Blowing Whistles: The blowing of any steam whistle attached to any stationary boiler, other than to give notice of the time to begin or stop work or as a warning of fire or danger or upon request of proper City authorities.