Chapter 35 Offenses — Miscellaneous

It is unlawful for any person to inscribe, draw or otherwise place upon the surface of any structure or wall that is publicly or privately owned any word, phrase, diagram, symbol, sketch, or letters wherein the con tents thereof are visible to any member of the general public and contains references to sexual activity, diagrams relating to sexual activity or sexual organs, references to criminal activities, or groups which promote or are involved in criminal activity, swearing or fighting words, defamatory materials about any person or references to relationships. The above list is not to be a limitation, but is merely illustrative of items known as graffiti. It shall be an affirmative defense to the alleged violation of the foregoing provision if such activity was undertaken with the prior written consent of the owner of the property, demonstrating that the owner was aware of the content and method of the inscription to be placed on the structure or wall.

Removal of Graffiti. It shall be the duty of the owner of the structure or wall upon which any inscription or representation prohibited in Subsection (a) of this section is made, to remove, eradicate or eliminate such inscription or representation within 14 days from the occurrence of the offense. In the event the owner has failed to eliminate such graffiti, the owner shall be notified via certified mail or personal notice that he has an additional 30 days to remove such graffiti. In the event the owner can show to the Village there is a reasonable likelihood that the person responsible for placement of the graffiti will be required to make restitution or restore the premises to its previous condition, the owner may be given additional time by the Village Manager to meet the removal requirements without charges being filed. In no event shall the owner be granted more than six months' time to cause the removal of the graffiti.

Compensation for Repair and Restoration. The owner of the property shall be entitled to restitution and compensation for the direct costs incurred in the repair and restoration of his property to its previous condition from any person convicted of the offense listed in Subsection (a) of this section. Said property owner shall submit receipts evidencing payments for costs regarding the removal or repair of the graffiti providing that court enters an order of restitution.

§ 35-21B Restrictions On the Sale and Possession of Spray Paint Cans and Broad Tipped Indelible Markers.

Penalties. Upon a finding of guilty for violation of Subsection (a) of this section, there shall be imposed a fine of not less than $100, nor more than $500. Upon a finding of guilty for a violation of Subsection (b) of this section, there shall be imposed a fine of not less than $25, nor more than $500. Additionally, the court may as a condition of probation, supervision, or conditional discharge require that the party guilty of violating the provisions of Subsection (a) of this section make full and complete restitution to the owner of the property for expenses incurred in the removal of the graffiti and/or restoration of the structure or wall to its previous condition.

[Ord. 2001-06, 5-21-2001, § 1]

Possession of Spray Paint Cans and Markers Prohibited.

It shall be unlawful for any person under the age of 18 years to possess within the Village any paint in an aerosol spray paint container or any marker containing a fluid which is not water soluble and has a point, brush, applicator or other writing surface of 3/8 inch or greater. This prohibition shall not apply to:

A child using paint or a marker while under the immediate supervision of his or her legal guardian;

A student using paint or a marker while under the immediate supervision of his or her teacher;

An employee using paint or a marker at the direction and under the supervision of his or her employer.

It shall be unlawful for any person to possess any paint in an aerosol spray paint container or any marker containing a fluid which is not water soluble and has a point, brush, applicator or other writing surface of 3/8 of an inch or greater while on the property of another or while in any public building or upon any public facility within the Village. It shall be a defense to an action for violations of this subsection that the owner, manager or other person having control of the property, building or facility consented to the presence of the paint or marker.

It shall be unlawful for any person to possess any paint in an aerosol spray paint container or liquid paint or any marker containing a fluid which is not water soluble and has a point, brush, applicator or other writing surface of 3/8 of an inch or greater on the public way with intent to use the same to deface any building, structure, or property.

Sale to Minors Prohibited.

It shall be unlawful for any retail licensee, owner, employee or agent of a retail licensee to sell, give or otherwise deliver any paint in an aerosol spray paint can or any marker containing a fluid which is not water soluble and has a point, brush, applicator or other writing surface of 3/8 of an inch or greater to any person under the age of 18 years.

Any retail licensee offering any paint in an aerosol spray paint can or any marker containing a fluid which is not water soluble and has a point, brush, applicator or other writing surface of 3/8 of an inch or greater for sale shall post in a conspicuous place at the register or other point of sale a sign which states: "It is unlawful to sell spray paint or broad-tipped indelible markers to persons under the age of 18 years."

§ 35-22 Indecent Behavior — Generally.

Penalty. Any person or licensee violating the provisions of this section shall be fined in an amount not less than $25 nor more than $750 for each offense.

[1943 Code, § 702.01]

Whoever shall, in the Village, make any indecent exposure of his person, or shall appear in any public place exposed to public view, in a dress not belonging to his or her sex, or in an indecent or lewd dress, or in a state of nudity, or shall be guilty of any other indecent or lewd act, shall, upon conviction, be punished as provided in Section 13-3 of this Code.

§ 35-23 Indecent Behavior — Receiving Persons Into Vehicles for Lewd Purposes.

[1943 Code, § 702.02]

No person shall knowingly receive any person for purposes of lewdness, assignation or prostitution, into or upon any vehicle, conveyance, or other means of transportation whatsoever in the Village.

§ 35-24 Indecent Behavior — Writing, Figures, Etc.

[Code 1943, § 702.03]

Whoever shall, in any public place open to the public view, within the Village, write, draw, cut, make, print or paste any lewd or indecent word, sentence, design, figure, bill or poster, shall be punished as provided in Section 13-3.

§ 35-25 Same — Shows, Exhibits, Etc.

[Code 1943, § 702.05]

Whoever shall exhibit or perform, or assist in exhibiting or performing, in the Village, any obscene, indecent or lewd play or other such representation, or shall exhibit or display any monstrosity, or shall knowingly permit the same to be exhibited or performed in any building or hall owned or controlled by him, shall be punished as provided in Section 13-3.

§ 35-26 Obscene Material or Performance Prohibited.

[Code 1943, § 702.04; 8-1-1977, § 1]

No person shall show, exhibit, sell, offer for sale, distribute, circulate, give away or cause the same to be done to any person any obscene material or performance as described, defined and set forth in Subsections (b) and (c) of this section.

Any material or performance is "obscene" if, when considered as a whole and judged with reference to average or ordinary persons (includes average or ordinary minors under the age of 18 years or average or ordinary adults), any of the following apply:

Its dominant appeal is to prurient interest in sex or obscenity;

Its dominant tendency is to arouse lust by patent offensive displaying or depicting nudity, sexual excitement, or sexual conduct in a way which tends to represent human beings as mere objects of sexual appetite;

Its dominant tendency is to arouse lust by patent offensive displaying or depicting bestiality or extreme or bizarre violence, cruelty or brutality;

It contains a series of patent offensive displays or descriptions of nudity, sexual excitement, sexual conduct, bestiality, extreme or bizarre violence, cruelty or brutality, or human bodily functions or elimination, the cumulative effect of which is a dominant tendency to appeal to prurient interest in sex or obscenity, when the appeal to such interest is primarily for its own sake or for commercial exploitation, rather than for a serious literary, artistic, political or scientific value.

Nudity means the patent offensive showing, representation, depiction or lewd exhibition of human male or female genitals, pubic area or buttocks;

Sexual excitement means the condition of human male or female genitals when in a state of sexual stimulation or arousal;

(7)

Sexual conduct means the patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated and of masturbation, excretory functions and lewd exhibition of the genitals;

(8)

Material means any book, magazine, newspaper or other printed or written material or any picture, drawing, photograph, motion picture or other pictorial representation or any statue or other figure, or any recording, transcription or mechanical, chemical or electrical reproduction or any other articles, equipment, machines, or material;

(9)

Performance means any motion picture, preview, play, show, skit, dance or other exhibition performed before an audience in any indoor or outdoor theatre, building or any public place.

For the purpose of this section all three of the following conditions are required to prove obscenity affecting the average or ordinary minor under the age of 18 years or affecting the average or ordinary adult:

The material or performance taken as a whole appeals to a prurient interest in obscenity or sex;

The material or performance is patently offensive because it affronts the prevailing contemporary community standards as a whole relating to the description or representation of obscene or sexual matters; and

The material or performance as a whole lacks serious literary, artistic, political or scientific value.

The provisions of this section shall be subject to the affirmative defenses as specifically set forth in State statutes.

§ 35-27 Injuring, Etc., Property — Generally.

Any person who shall be convicted of violating the provisions of this section shall be fined not more than $1,000 and/or shall be sentenced to imprisonment in a correctional institution for not more than one year. Each day any violation exists shall constitute a separate and distinct offense.

[1943 Code, § 704.01]

Whoever shall wilfully, maliciously or negligently break, deface, injure, or destroy any property of the state, county, or Village, or of any person or private corporation, within the Village, shall be punished as provided in Section 13-3 of this Code.

§ 35-28 Injuring, Etc., Property — Bench Marks.

[1943 Code, § 103.02]

It shall be unlawful for any person to cover up, conceal, deface, obliterate or in any manner to injure, erase, disfigure or change the location of any bench monument which has heretofore been established or which may hereafter be established by the Village.

§ 35-29 Injuring, Etc., Property — Cornerstones.

[1943 Code, § 704.06]

It shall be unlawful for any person to wilfully or heedlessly change, remove or destroy any stake, or post set or placed to mark the corner of any lot or parcel of ground, street, alley, or to show the grade of any street, alley, sidewalk, or sewer in the Village.

§ 35-30 Injuring, Etc., Property — Trees, Etc.

[1943 Code, § 704.02]

It shall be unlawful for any person to enter upon any public grounds or upon any private premises without the consent of the owner or occupant thereof, and to cut, injure, remove or destroy any tree, shrub, fruit, plant, vegetable or other thing, or the boxing around the same, or any fence, railing, gate, post or sign thereon; provided, that nothing in this section shall abridge or impair the right of the Village to regulate the planting, trimming or removing of trees and shrubs in the public streets.

§ 35-31 Intoxication.

[1943 Code, § 701.11]

It shall be unlawful for any person to be found in a state of intoxication or drunkenness in any public place, or place open to the public view, within the Village, or in any private house or place, to the annoyance of any person.

§ 35-31A Library Books — Damaging; Failing to Return.

[Ord. 8-19-1974, § 1; Ord., 8-4-1975, § 1]

It shall be unlawful for any person to write upon, deface, tear, damage or fail to return any book belonging to, or in the possession or under the control of the board of library directors of the Village.

§ 35-32 Curfew Hours for Minors.

[1943 Code, § 705.01; Ord., 2-7-1955, § 1; Ord. 2004-07, 4-5-2004]

Definitions. As used in this section, the following words shall be defined as follows:

BODILY INJURY

Injury that harms or creates a substantial risk of harm to one's person or that causes death, disfigurement, loss or impairment of the function of any bodily member or organ.

CURFEW HOURS

10:30 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday inclusive until 6:00 a.m. of the following day; and

11:00 p.m. on any Friday or Saturday until 6:00 a.m. on the following day.

CUSTODIAN

A person who has attained the age of 21 years and who is authorized by a parent or guardian to have the care and custody of a minor.

EMERGENCY

Any unforeseen circumstance or combination of circumstances or the resulting state that calls for such immediate action as is necessary to protect a person from imminent threat of bodily injury, loss of life or to protect property from substantial damage. The term includes, but is not limited to, a fire, natural disaster, an automobile accident, medical emergency, or any situation requiring immediate action to prevent bodily injury, loss of life or loss of property.

ESTABLISHMENT

Any privately owned place of business operated for a profit to which the public is invited, including, but not limited to, any restaurant, retail establishment, eatery, place of amusement or entertainment.

GUARDIAN

A person who, by court order, is designated guardian of the person of a minor; or

A public or private agency with whom a minor has been placed by a court of competent jurisdiction.

MINOR

Any person under 17 years of age.

OPERATOR

Any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.

PARENT

A person who is a natural parent, adoptive parent, or stepparent of a minor.

PUBLIC PLACE

Any place to which the public or a substantial group of the public has access, including, but not limited to, streets, highways, public ways and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, shops, parks, places of entertainment or amusement, arenas, stadiums, and restaurants.

REMAIN

To linger or stay; or

Fail to leave the premises of an establishment when requested to do so by a police officer or the owner, operator, or other person in control of the establishment.

Offenses. It shall be unlawful for:

A minor to remain in any public place or on the premises of any establishment within the Village during curfew hours; or

A parent, guardian or custodian to knowingly permit, or by insufficient control allow, the minor to remain in any public place or on the premises of any establishment within the Village during curfew hours; or

The owner, operator, or any employee of an establishment to knowingly allow a minor to remain upon the premises of the establishment during curfew hours.

Defenses.

It shall be a defense to prosecution under Subsection (b) of this section that the minor was:

Accompanied by the minor's parent, guardian or custodian;

In a motor vehicle involved in interstate travel;

Engaged in an employment activity in which such minor may lawfully engage under the laws of the state of Illinois, or traveling to or returning home from the employment activity, without any unnecessary detour or stop;

Involved in an emergency;

(E)

On the sidewalk abutting the minor's residence, that of a guardian or custodian, or abutting the residence of a next door neighbor if the neighbor does not object to the minor's presence;

(F)

Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the Village of Elmwood Park, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the Village of Elmwood Park, a civic organization, or another similar entity that takes responsibility for the minor;

(G)

Exercising first amendment rights protected by the United States constitution or Article 1, Sections 3, 4 and 5 of the constitution of the state of Illinois, or both, such as the free exercise of religion, freedom of speech, and the right of assembly; or

(H)

Married or previously married or has been declared an emancipated minor in accordance with the Illinois Compiled Statutes.

It is a defense to prosecution under Subsection (b) of this section that the owner, operator, or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and the minor refused when first requested to leave the premises.

Enforcement. Prior to taking any enforcement action under this section, a police officer shall inquire as to the apparent offender's age and reason for being in the public place. No citation shall be issued and no arrest shall be made under this section unless the officer reasonably believes that an offense has occurred and that, based on any response of the minor and all other circumstances known to the officer at the time, no defense as set forth in Subsection (c) of this section exists.

§ 35-33 School Curfew; Truancy; Parental Responsibility.

Penalties. Any person who violates a provision of this section shall be fined in an amount not to exceed $750.

[Ord. 2005-2, 2-7-2005]

It shall be unlawful for any person over the age of seven years and under the age of 16 years, or for any person registered in any of grades 1 through 12 and who is enrolled in any public, private or parochial school, to be present in any public place, building, street, or assembly in the Village of Elmwood Park, other than school, while school is in session during the regular school term, unless he or she is:

Traveling to or from school by the most direct route;

Accompanied by a parent, legal guardian, or school official;

Engaged in approved school related activities;

Engaged in lawful employment, provided that the school board of the public school district in which the child resides has recommended the employment and has certified the facts concerning such employment;

Physically or mentally unable to attend school and such disability has been certified in accordance with Section 5/26-1(2) of the Illinois School Code;[1] or

Editor's Note: See 105 ILCS 5/26-1.

Otherwise absent from school for valid cause. "Valid cause" shall be defined as illness, observance of a religious holiday, death in the immediate family, family emergency, such other situation beyond the control of the student as determined by the board of education, or such other circumstances which cause reasonable concern to the parent or legal guardian for the safety or health of the student.

Any police officer who witnesses a person whom the officer reasonably believes to be in violation of this section may stop and detain the person for the purpose of verifying the person's identity, age, school enrollment and authority to be absent from school. The police officer shall immediately inform the person of the reason for the detention and that he or she will be released upon verification of authorization to be absent from school. Other than to transport the student to school or to his/her parent or legal guardian, the person shall not be removed from the scene of the investigatory stop unless he or she refuses to provide the officer with the necessary information. If the officer determines that the person is in violation of this section, he shall, if practical, transport the offender to school authorities or to the child's parent or legal guardian. In addition to any citation that may be issued to the student, the officer shall also notify the parent or legal guardian in writing of the offense.

Any parent or legal guardian or other person having custody or control of a student subject to the provisions of this section and who knowingly or wilfully permits such child to violate the provisions of this section or any parent or legal guardian having custody or control of a student who fails to take reasonable steps to ensure compliance by the student with this section shall be fined in an amount not less than $25 nor more than $750 for a first offense; not less than $100 nor more than $750 for a second offense; and not less than $250 nor more than $750 for a third or subsequent offense within a school year. A rebuttable presumption shall exist that a parent or legal guardian or other person having custody or control of a student has failed to take reasonable steps to ensure compliance with this section, upon such student committing a third or subsequent violation within the school year, following the parent or legal guardian or such other person having received two written notices of a violation of this section. The foregoing presumption may be overcome by clear and convincing evidence to the contrary.

Any person convicted of violating Subsection (a) of this section shall be fined in an amount not less than $50 nor more than $750.

§ 35-34 (Reserved) [1]

§ 35-35 Minors — Memorandum of Employment.

Editor's Note: Former § 35-34, Minors — Liability of Parents, Etc., for Violations of Section 35-32 of this Chapter, was repealed 4-5-2004 by Ord. No. 2004-07.

[1943 Code § 705.02]

Any child under the age of 16 years who shall be engaged in some occupation or business which such child may lawfully engage in as provided in Section 35-32 of this chapter, shall file with the Chief of Police a note or memorandum signed by the parent or legal guardian, stating therein the name of the child, the place where the child resides, the address of the parent or legal guardian and the telephone number of the parent or legal guardian, if such parent or legal guardian shall have a telephone, which note or memorandum shall contain the name and address of the person employing such child and the hour that such employment shall begin and end, and the approximate time that it will take such child to get to and return from his employment. The failure to so file with the Chief of Police shall be deemed a violation of this section.

§ 35-36 Officers — Resisting Arrest, Obstructing, Etc.

[1943 Code § 217.04]

Any person who shall hinder, obstruct, resist, interrupt or interfere with, or aid, encourage or countenance another person in hindering, obstructing, resisting, interrupting or interfering with any officer or any person in his custody, or who shall prevent or attempt to prevent any such officer from arresting any person, or who shall hinder, obstruct, interrupt or interfere with any person called upon or authorized by any such officer to aid in making an arrest or to assist him in his official duties, shall be punished as provided in Section 13-3 of this Code.

§ 35-37 Retail Theft.

[1943 Code §§ 708.01 — 708.01-B; Ord. 2017-40, 8-21-2017]

Prohibited. It shall be unlawful for a person to commit retail theft, or to commit theft by emergency exit, as follows:

Commission of Theft. A person commits retail theft when he or she knowingly:

Takes possession of, carries away, transfers or causes to be carried away or transferred any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment with the intention of retaining such merchandise or with the intention of depriving the merchant permanently of the possession, use or benefit of such merchandise without paying the full retail value of such merchandise; or

Alters, transfers, or removes any label, price tag, marking, indicia of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment and attempts to purchase such merchandise at less than the full retail value with the intention of depriving the merchant of the full retail value of such merchandise; or

Transfers any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment from the container in or on which such merchandise is displayed to any other container with the intention of depriving the merchant of the full retail value of such merchandise; or

Under-rings with the intention of depriving the merchant of the full retail value of the merchandise; or

(E)

Removes a shopping cart from the premises of a retail mercantile establishment without the consent of the merchant given at the time of such removal with the intention of depriving the merchant permanently of the possession, use or benefit of such cart; or

(F)

Represents to a merchant that he, she, or another is the lawful owner of property, knowing that such representation is false, and conveys or attempts to convey that property to a merchant who is the owner of the property in exchange for money, merchandise credit or other property of the merchant; or

(G)

Uses or possesses any theft detection shielding device or theft detection device remover with the intention of using such device to deprive the merchant permanently of the possession, use or benefit of any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment without paying the full retail value of such merchandise. For the purposes of this section, "theft detection shielding device" means any laminated or coated bag or device designed and intended to shield merchandise from detection by an electronic or magnetic theft alarm sensor; or

(H)

Obtains or exerts unauthorized control over property of the owner and thereby intends to deprive the owner permanently of the use or benefit of the property when a lessee of the personal property of another fails to return it to the owner, or if the lessee fails to pay the full retail value of such property to the lessor in satisfaction of any contractual provision requiring such, within 10 days after written demand from the owner for its return. A notice in writing, given after the expiration of the leasing agreement, by registered mail, to the lessee at the address given by the lessee and shown on the leasing agreement shall constitute proper demand.

Theft By Emergency Exit. A person commits theft by emergency exit when he or she commits a retail theft as defined in Subsections (a)(1)(A) through (a)(1)(H) of this section and to facilitate the theft he or she leaves the retail mercantile establishment by use of a designated emergency exit.

Permissive Inference. If any person:

Conceals upon his or her person or among his or her belongings unpurchased merchandise displayed, held, stored or offered for sale in a retail mercantile establishment; and

Removes that merchandise beyond the last known station for receiving payments for that merchandise in that retail mercantile establishment, then the trier of fact may infer that the person possessed, carried away or transferred such merchandise with the intention of retaining it or with the intention of depriving the merchant permanently of the possession, use or benefit of such merchandise without paying the full retail value of such merchandise.

To "conceal" merchandise means that, although there may be some notice of its presence, that merchandise is not visible through ordinary observation.

§ 35-38 Poplar Trees — Declared Noxious.

Penalty. Any person who violates a provision of this section shall be fined in an amount not to exceed $750.

[1943 Code § 915.01]

Poplar trees are hereby declared to be noxious trees.

§ 35-39 Poplar Trees — Planting Prohibited.

[1943 Code § 915.02]

It shall be unlawful for any person owning or controlling any land within the Village to plant poplar trees.

§ 35-40 Poplar Trees — Removal.

[1943 Code § 915.03]

The Village Manager shall cause to be removed, cut down or destroyed, at the expense of the Village, all poplar trees growing within the territorial confines of the Village.

§ 35-41 Publications Depicting Crimes Not to Be Sold to Persons Under 18 — Exceptions.

[Ord. 12-5-1955, § 1]

It shall be unlawful for any person to sell, offer for sale, attempt to sell, exhibit, give away, keep in his possession with intent to sell or give away, or in any way furnish or attempt to furnish to any child under the age of 18 years any "comic" book, magazine or other publication which, read as a whole, is concerned with an account of crime and which depicts, by the use of drawings, the following crimes as defined in the Illinois Criminal Code:[1]

Administering poisonous and injurious potions;

Aggravated assault;

Arson and other willful burning;

Assault in attempting burglary;

Assault to maim or disfigure;

Assault with intent to commit rape;

(g)

Assault with intent to commit robbery;

(h)

Assault with intent to murder;

(i)

Burglary;

(j)

False imprisonment;

(k)

Kidnapping and abduction;

(l)

Maiming and disfiguring;

Malicious mischief;

Murder;

Rape;

Robbery;

Theft.

It is the intent of this and the following section to include publications where the text is not prominently featured, but rather is incidental to the picture, being usually in the balloons that indicate the words spoken by the characters.

This and the following section shall not be construed to apply to those accounts of crime which are part of the ordinary and general dissemination of news, nor to such drawings and photographs as are used to illustrate such accounts.

This and the following section shall not be construed to apply to legitimate, illustrated, historical accounts of crime.

§ 35-42 Publications Depicting Crimes Not to Be Sold to Persons Under 18 — Presumption of Intent By Display.

Editor's Note: See 720 ILCS.

[Ord. 12-5-1955, § 1]

If any publication prohibited by the preceding section shall be displayed in any newsstand, bookstore, drugstore, market or other mercantile establishment, where the prohibited publication may be seen by any child under the age of 18 years visiting such establishment, such display shall be prima facie evidence that the person in charge of such establishment was then exhibiting the crime "comic" book or other prohibited publication and intended to sell, offer for sale, furnish or attempt to furnish such prohibited publication to a child or children under the age of 18 years in violation of the preceding section, but it shall be competent for the defendant in any such case to show that no such intention existed.

§ 35-43 Samples of Merchandise — Distribution.

[1943 Code § 703.10]

No person shall distribute or throw, or cause to be distributed, any samples of merchandise, on or about any street or any private property. Any person distributing such samples shall deliver the same to some person of the age of 16 years or over at such residence or building to which it is desired to deliver such sample.

§ 35-43A Shopping Carts — Generally.

[Ord. 2-21-1974, §§ 1 — 4]

No person shall abandon or leave unattended any grocery cart or shopping cart upon any public street, sidewalk or public way within the Village, other than the premises where such cart was originally obtained.

No person shall remove or license or permit the removal of a grocery cart or shopping cart from the premises and parking lot of the establishment which furnished the cart.

A copy of this section shall be posted in a conspicuous place in every place of business or establishment which provides grocery carts or shopping carts for use by its customers or patrons. The establishment shall post a large painted sign in a prominent location within the store warning customers.

Any person convicted of violating any of the provisions of this section shall be subject to a fine not exceeding $200 for each such offense.

§ 35-44 Throwing Stones, Sticks, Etc.

[1943 Code § 704.07]

No person shall cast, hurl, throw, shoot or otherwise project any stick, stone, brick, ball or any other missile or projectile at, against or upon any street lamp, light, or other lamp, dynamo, engine, machinery, or other property used for street lighting within the Village.

§ 35-45 Unlawful Assemblages.

[1943 Code §§ 701.03, 701.04]

Any two or more persons who shall assemble within the Village for any unlawful purpose, or who, being assembled, shall act in concert to do an unlawful act, with force or violence, against the property of the Village, or the person or property of another, or against the peace, or to the terror of other persons or who shall make any movement or preparation therefor, shall be punished as provided in Section 13-3 of this Code, upon refusal to disperse after being requested so to do by any police officer or other officer of the Village.

It shall also be unlawful for any person to knowingly suffer or permit any assemblage for the purpose of committing an unlawful act or breach of the peace, or any riotous, offensive, disorderly conduct in or upon premises within the Village owned by him or under his control.

§ 35-46 Utility Poles, Etc. — Climbing Up, Stacking Boxes, Etc., Against.

[1943 Code § 704.04]

Whoever shall climb upon any street lamp, pole, telegraph, telephone or electric light pole, or shall hang or place upon or against the same any goods, boxes, fuel or material, or whoever damages any street lamp, or lowers the same or cuts or injures any rope, or cable connected therewith shall, for each offense, be punished as provided in Section 13-3 of this Code.

§ 35-47 Vandalism By Minors.

[1961 Code]

Definitions. For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them by this subsection:

ACTS OF VANDALISM

Any of the following acts:

Maliciously, recklessly or knowingly damaging or destroying any property of another person without his consent; or

Maliciously, recklessly or knowingly by means of fire or explosive device damaging, debasing or destroying any property of another person; or

Maliciously, recklessly or knowingly starting a fire on land of another person without his consent; or

Maliciously, recklessly or knowingly depositing on land or in the building of another person, without his consent, any stink bomb, or any offensive smelling compound and thereby interfering with the use and occupancy by another of the land or building; or

Maliciously, recklessly or knowingly and without authority entering into or obtaining control over any building, house trailer, motor vehicle, aircraft or watercraft, or any part thereof, another person without his consent.

LEGAL GUARDIAN

A foster parent, a person appointed guardian of a person, or given custody of a minor by a circuit court of this State, not including a person appointed guardian only to the estate of a minor, or appointed guardian or given custody of a minor under the State Juvenile Court Act[1].

MINOR

A person who is not yet 18 years of age.

PARENT

The lawful father and another of a minor child, whether by birth or adoption.

PERSON

Any individual, firm partnership, association, corporation, company or organization of any kind.

PROPERTY

Any real estate, including improvements thereon, and tangible personal property.

RESTITUTION

Paying to a person who owns property damaged or destroyed by an action of vandalism an amount equal to the damages incurred as a result of the act of vandalism. The term may also include undertaking at the direction of the Police Department Juvenile Officer tasks designed to correct damage resulting from acts of vandalism or other work which will provide a benefit to the Village and its citizens.

Editor's Note: See S.H.A. 705 ILCS 405/1-1 et seq.

Restitution Required. A minor who has engaged in an act of vandalism is required within 90 days after being taken into custody to provide restitution.

§ 35-48 Recycling Bins — Removal of Material Placed Therein.

Penalties. Any minor who engages in an act of "vandalism" as defined in this section shall be subject to a fine of not more than $500. Any minor who engages in an act of vandalism and who fails to provide restitution as required by Subsection (b) of this section shall be subject to a fine of not more than $500. The parent or legal guardian of a minor shall be subject to a fine of not more than $500 if the minor engaged in an act of "vandalism," as defined by this section, fails to provide restitution as required by Subsection (b) of this section.

[3-5-1990, § 1]

It shall be unlawful for any person who is not the owner or occupant of any premises upon which is located a bin or bins which are used for the collection of recycled paper, glass, aluminum, tin or other products, said bins having been furnished by or on behalf of the Village, to remove or cause to be removed any material that has been placed in such bin or bins, unless authorized by the Village.

§ 35-49 Fireworks; Prohibitions and Exceptions.

[Ord. 95-15, 6-19-1995, § 1]

Fireworks Defined. The term "fireworks" shall mean and include any explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or audible effect of a temporary exhibitional nature by explosion, combustion, deflagration or detonation, and shall include blank cartridges, toy cannons in which explosives are used, the type of balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, bombs, or other fireworks of like construction and any fireworks containing any explosive compound, or any tablets or other device containing any explosive substance, or containing combustible substances producing visual effects; provided, however, that the term fireworks shall not include any snake or glow worm pellets; smoke devices; trick noisemakers known as "party poppers," "booby traps," "snappers," "trick matches," "cigarettes loads" and "auto burglar alarms"; sparklers; toy pistols, toy canes, toy guns, or other devices in which paper or plastic caps containing 0.025 grains or less of explosive compounds are used, providing they are so constructed that the hand cannot come in contact with the cap when in place for the explosion; and toy pistol paper or plastic caps which contain less than 0.020 grains of explosive mixture.

Sale, Use or Explosion of Fireworks Prohibited; Public Displays; Permits. Except as otherwise provided herein it shall be unlawful for any person, firm, partnership, corporation or any other entity to knowingly possess, offer for sale, sell at retail or wholesale or otherwise give or deliver or explode, discharge or set off any fireworks within the Village.

Exhibition; Permit Required. The Village President and Board of Trustees, upon due application, may grant a permit to a properly qualified and competent person or persons to give a display of fireworks at such a location so as not to be hazardous to property or endanger any person or persons. Such permits shall impose any and all reasonable restrictions as may be necessary to safeguard life and property in each case.

Display of Fireworks in Public Places, Application Permit Insurance or Indemnity Bond and Permit; Revocation.

Application. Every such application for a permit for a public display of fireworks shall be made in writing at least 30 days in advance of the date of display and action shall be taken on such application by the Village President and the Board of Trustees. The fee for such permit shall be $50. In the event such privilege shall have been granted, sales, possession, use and distribution of fireworks for such display shall be unlawful for that purpose only and only for that date as set forth on the application. No permit granted hereunder shall be assigned or transferred by the permittee.

Inspection. No permit shall be issued unless an inspection of the display site has been conducted by the Village fire inspector or his designee and no display site shall be approved unless it has been determined upon inspection that such site shall not be hazardous to property or endanger any person or persons.

Liability Insurance Required; Bond in Lieu of Liability Insurance. Every applicant shall file a policy of insurance in which the Village, its officials, agents and employees are named as insured against any and all claims arising through or because of such display. In lieu of filing a policy of insurance, a certificate evidencing the issuance of such insurance executed by a duly authorized agent, servant or employee of the carrier may be filed provided that such issuance shall be written by an insurance carrier authorized to conduct such business in this state. In lieu of filing said policy or certificate of insurance, an applicant may file an indemnity bond running to the Village, its officials, agents and employees in the sum of $3,000,000 to indemnify the Village and said persons against any and all claims, arising through or because of such display. Such policy or indemnity bond shall be subject to the approval of the Village Attorney and shall be filed in the office of the Village Clerk.

Coverage Limits. The insurance policy required by this section or the indemnity bond in lieu thereof shall be written for at least the following minimum coverage:

A limit of $1,000,000 for all damages arising out of bodily injuries, sickness or disease including death at any time resulting therefrom sustained by each person as a result of any one accident, and a total of $3,000,000 for all such damages sustained by two or more persons as a result of any one accident;

A limit of $1,000,000 for all damages arising out of injury or destruction of all property of one or more persons as a result of any one accident;

The policy shall contain a provision that it shall not be canceled by the carrier until at least 10 days' notice thereof by mail shall have been given to the Village by mailing such notice to the Village Clerk.

Permit Revocation. Any permit issued pursuant to the provisions of this section may be revoked by the Village Manager for any violation of the provisions of this section, and the revocation of the permit shall be in addition to any other sanctions or penalties as provided by this section.

§ 35-50 No Loitering in Parks, Public Places, Etc., After Hours.

Penalty. Any person violating the provisions of this section shall be fined in an amount not less than $100 nor more than $1,000 for each offense. A separate and distinct offense shall be considered as having been committed for each and every day any person shall violate any provision of this section.

[Ord. 2000-16, 7-17-2000, § 1]

No person shall loiter or remain in any park, or on any public or private school property or on any other Village property, at any time after such public property is closed to the public, as posted by a sign or as otherwise indicated.

§ 35-51 Possession of Cannabis.

[Ord. 2015-18, 5-18-2015; Ord. 2020-05, 3-3-2020, § 4]

Definition. "Cannabis" 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 and 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, cake, or the sterilized seed of such plant which is incapable of germination. "Cannabis" does not include industrial hemp as defined and authorized under the Industrial Hemp Act. "Cannabis" also means cannabis flower, concentrate, and cannabis-infused products.

It shall be unlawful for any person under the age of 21 years to knowingly possess any quantity of any substance containing cannabis, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act (410 LLCS 130/1 et seq.).

It shall be unlawful for any person who is a resident of this State to knowingly possess cannabis in excess of the following amounts:

30 grams of cannabis flower;

500 milligrams tetrahydrocannabinol (THC) in cannabis-infused products; and

5 grams cannabis concentrate.

The possession limits contained herein are to be considered cumulative.

It shall be unlawful for any person who is not a resident of this State to knowingly possess cannabis in excess of the following amounts:

15 grams of cannabis flower;

250 milligrams tetrahydrocannabinol (THC) in cannabis-infused products; and

2.5 grams cannabis concentrate.

The possession limits contained herein are to be considered cumulative.

It shall be unlawful for any person to possess cannabis, as follows:

In a school bus, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1 et seq.);

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 (410 ILCS 130/1 et seq.);

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

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

It shall be unlawful for any person to use cannabis, as follows:

In a school bus, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1 et seq.);

In any motor vehicle;

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

In any public place, which means any place where a person could reasonably be expected to be observed by others, including but not limited to all parts of buildings owned in whole or in part, or leased, by the State of Illinois, the Village of Elmwood Park, or other public body; but 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; or

Knowingly in close physical proximity to anyone under the age of 21 years who is not a registered medical cannabis patient under the Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1 et seq.);

(g)

It shall be unlawful for any person to smoke cannabis in any place where smoking is prohibited under the Smoke Free Illinois Act and in retail tobacco stores, as defined in this § 11-16 of the Village Code of Elmwood Park.

(h)

It shall be unlawful for any person to facilitate the use of cannabis by any person who is not allowed to use cannabis under the Village Code of Elmwood Park, the Cannabis Regulation and Tax Act or the Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1 et seq.).

(i)

It shall be unlawful for any person to transfer cannabis to any person contrary to the Village Code of Elmwood Park, the Cannabis Regulation and Tax Act or the Compassionate Use of Medical Cannabis Program Act(410 ILCS 130/1 et seq.).

(j)

It shall be unlawful for any person to knowingly permit a person under the age of 21 years to consume cannabis in his or her residence or any other private property under his or her control, unless authorized pursuant to the Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1 et seq.).

(k)

It shall be unlawful for any person to cultivate cannabis unless permitted pursuant to the Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1 et seq.).

(l)

It shall be unlawful for any person permitted to cultivate cannabis pursuant to the Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1 et seq.) to cultivate cannabis in excess of five plants that are more than five inches tall; to cultivate cannabis in a place that is not an enclosed, locked space; or to store cannabis plants in a location that is subject to ordinary public view.

(m)

Penalty. Any person found to have violated the provisions of this section shall be fined in an amount of not less than $50 nor more than $750 for each offense.

§ 35-52 Parental Responsibility.

[Ord. 2015-28, 7-6-2015]

Definitions. The following definitions shall apply in the interpretation and enforcement of this section:

LEGAL GUARDIAN

A person appointed guardian or given custody of a minor by a court, but it does not include a person appointed guardian or given custody of a minor under the juvenile court act, as amended, in the state of Illinois.

MINOR

Any person above the age of 11 but not yet 19 years of age.

Exercise of Parental Responsibility. It shall be unlawful for the parent or legal guardian of an unemancipated minor residing with such parent or legal guardian to fail to exercise proper parental responsibility by allowing, failing to supervise, or permitting such minor to commit any violation of a Village ordinance or state statute concerning battery, curfew, disorderly conduct, fireworks, indecent exposure, intimidation, possession of spray paint or permanent markers, obscene conduct, vandalism, trespass, truancy, loitering, possession of alcoholic beverages, cannabis, controlled substance, or weapons of any kind.

Violation. A parent or legal guardian shall be in violation of this section if:

The minor has been adjudicated to be in violation of any Village ordinance or state statute as described in Subsection (b) of this section (except if found to be not guilty); and

The parent or legal guardian has received a written notice by certified mail, return receipt requested, or by personal service in substantially the following form:

LEGAL NOTICE

To: (Parents' Names)

From: The Village of Elmwood Park Police Department

You are hereby notified that (minor's name) has been involved in the commission of (specify offense and date of offense), which is a violation of a State statute or Village ordinance. If your minor child is again involved in a violation of State statutes or Village ordinances involving battery, curfew, disorderly conduct, fireworks, indecent exposure, intimidation, possession of spray paint or permanent markers, obscene conduct, vandalism, trespass, truancy, loitering, possession of alcoholic beverages, cannabis, controlled substance, or weapons of any kind, or any other offense of willful or malicious nature to persons or property within the next two years, you will be charged with a violation of Section 35-52(b) of the Code of the Village of Elmwood Park for failure to exercise proper parental responsibility.

Conviction for said offense can result in a fine of not less than $50 nor more than $750. You are hereby notified that you must exercise proper parental responsibility over said minor by controlling his/her unlawful conduct.

and

The minor, within two years of the receipt of the notice by the parent or legal guardian, has been either adjudicated to have committed, has been charged with the violation (except if found to be not guilty), or has admitted to have committed any violation of any ordinance or state statute as described in Subsection (b) of this section.

Appearance In Court. It is the policy of the Village of Elmwood Park that a parent or legal guardian of a minor who is charged with a violation of a Village ordinance or state statute which requires a minor's appearance in court, be required to accompany the minor to court. To this end, it is hereby directed that a notice in substantially the following form be sent to the parents or legal guardians of a minor so charged.

LEGAL NOTICE

To: (Parents' Names)

From: The Village of Elmwood Park Police Department

You are hereby notified that (minor's name) has been charged with an offense which is a violation of a Village ordinance or State statute, and which requires the appearance of said minor in court. You are further notified that one of the parents of said minor must appear in court before the case will be tried or be disposed.

If you fail to appear, the Village Attorney has been directed to have issued a subpoena to bring you into court. Failure to obey a subpoena can result in contempt of court, with a fine or imprisonment as the penalty.

Penalty. Any person convicted of any violation of the provisions of this section shall be fined not less than $50 nor more than $750 for each offense, and in addition may be sentenced to probation or conditional discharge with the conditions being that the parent or legal guardian make restitution or reparation in any amount not to exceed actual loss or damage to property or pecuniary loss and any attorney costs and fees, court costs or administrative fees, if any, incurred by the Village in the prosecution of such minor for a violation of any ordinance, law or statute prohibiting wilful and malicious acts causing injury to a person or property, if such minor is convicted of violating such a law. The court shall determine the amount and conditions of payment. Where the conditions or payment have not been satisfied, the court may, at any time prior to the expiration or termination of the period of probation or of conditional discharge, impose an additional fine.

Common Law Damages. Nothing in this section shall affect the recovery of damages in any other cause of action where the liability of the parent or legal guardian is predicated on a common law basis, or is predicated upon a claim for damages pursuant to the Parental Responsibility Law.[1]

§ 35-53 Possession of Drug Paraphernalia.

Editor's Note: See 740 ILCS 115/1 et seq.

[Ord. 2020-05, 3-3-2020, § 5]

"Cannabis paraphernalia" means 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.

"Drug paraphernalia" means all equipment, products and materials of any kind, other than cannabis paraphernalia as defined in this section, 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 cannabis or 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:

Water pipes;

Carburetion tubes and devices;

Smoking and carburetion masks;

Miniature cocaine spoons and cocaine vials;

Carburetor pipes;

Electric pipes;

Air-driven pipes;

Chillums;

Bongs;

Ice pipes or chillers;

Any item whose purpose, as announced or described by the seller, is for use in violation Drug Paraphernalia Control Act (720 ILCS 600/1 et seq.).

It shall be unlawful for any person, firm or corporation to have, possess, sell, offer to sell, display, dispense or give away any device or contrivance adapted for the use of smoking, injecting, inhaling, ingesting or otherwise introducing any controlled substance into one's body, which said device or contrivance defined herein as an instrument has been or could be used for the purpose of smoking, inhaling, ingesting, injecting or otherwise introducing a controlled substance into one's body without a doctor's prescription.

It shall be unlawful for any person, firm or corporation to sell cannabis paraphernalia unless such person is employed and licensed as a dispensing agent by a dispensing organization.

It shall be unlawful for any person under the age of 21 years to have, possess, sell, offer to sell, display, dispense or give away any cannabis paraphernalia, except as otherwise provided in the Cannabis Regulation and Tax Act (410 ILCS 705/1-1 et seq.) and the Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1 et seq.).

Penalty. Any person found to have violated the provisions of this section shall be fined in an amount of not less than $50 nor more than $750 for each offense.

§ 35-54 Trespass to Real Property.

[Added 7-12-2021 by Ord. No. 2021-57]

Criminal trespass to real property shall be prohibited within the Village of Elmwood Park.

A person commits criminal trespass to real property when he or she:

Knowingly and without lawful authority enters or remains within or on a building; or

Enters upon the land of another, after receiving prior to the entry, notice from the owner or occupant that the entry is forbidden; or

Remains upon the land of another, after receiving notice from the owner or occupant to depart; or

Presents false documents or falsely represents his or her identity orally to the owner or occupant of a building or land in order to obtain permission from the owner or occupant to enter or remain in the building or on the land; or

(E)

Intentionally removes a notice posted on residential real estate as required by subsection (1) of Section 15-1505.8 of Article XV of the Illinois Code of Civil Procedure [735 ILCS 5/15-1505.8(1)] before the date and time set forth in the notice.

For purposes of Subsection (a)(1), this section shall not apply to being in a building which is open to the public while the building is open to the public during its normal hours of operation; nor shall this section apply to a person who enters a public building under the reasonable belief that the building is still open to the public.

A person has received notice from the owner or occupant within the meaning of Subsection (a) if he or she has been notified personally, either orally or in writing, including a valid court order, as defined by subsection (7) of Section 112A-3 of the Illinois Code of Criminal Procedure of 1963 [725 ILCS 112A-3(7)] granting remedy (2) of subsection (b) of Section 112A-14 of that Code, or if a printed or written notice forbidding such entry has been conspicuously posted or exhibited at the main entrance to the land or the forbidden part thereof.

Mortgagee or agent of the mortgagee exceptions.

A mortgagee or agent of the mortgagee shall be exempt from prosecution for criminal trespass for entering, securing, or maintaining an abandoned residential property.

For the purpose of this subsection (c) only, "abandoned residential property" means mortgaged real estate that the mortgagee or agent of the mortgagee determines in good faith meets the definition of abandoned residential property set forth in Section 15-1200.5 of Article XV of the Illinois Code of Civil Procedure (735 ILCS 15/15-1200.5).

This section does not prohibit a person from entering a building or upon the land of another for emergency purposes. For purposes of this subsection (d), "emergency" means a condition or circumstance in which an individual is or is reasonably believed by the person to be in imminent danger of serious bodily harm or in which property is or is reasonably believed to be in imminent danger of damage or destruction.

Subsection (a)(1)(D) does not apply to a peace officer or other official of a unit of government who enters a building or land in the performance of his or her official duties.

This section does not apply to the following persons while serving process:

A person authorized to serve process under Section 2-202 of the Code of Civil Procedure; or