[HISTORY: Adopted by the Board of Trustees of the Village of Oakwood 3-21-2022 by Ord. No. 22-03-21-1.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. 205, Peace and Good Order, adopted as Title 9, Chs. 9.16, 9.24, 9.28, 9.44, 9.48 and 9.60, of the 1980 Code.
A. 
A person commits disorderly conduct when he knowingly:
(1) 
Does any act in such unreasonable manner as would tend to alarm, disturb or provoke others; or
(2) 
Transmits or causes to be transmitted in any manner to the fire department of any city, town, village, or fire protection district a false alarm of fire, knowing at the time of such transmission that there is no reasonable ground for believing that a fire exists.
(3) 
Transmits or causes to be transmitted in any manner to another a false alarm to the effect that a bomb or other explosive of any nature or a container holding poison gas, a deadly biological or chemical contaminant, or radioactive substance is concealed in such place that its explosion or release would endanger human life, knowing at the time of such transmission that there is no reasonable ground for believing that such bomb, explosive or a container holding poison gas, a deadly biological or chemical contaminant, or radioactive substance is concealed in such place; or
(4) 
Transmits or causes to be transmitted in any manner to any peace officer, public officer, or public employee a report to the effect that an offense will be committed, is being committed or has been committed, knowing at the time of such transmission that there is no reasonable ground for believing that such an offense will be committed, is being committed or has been committed; or
(5) 
Enters upon the property of another, and for a lewd or unlawful purpose deliberately looks into a dwelling on the property through any window or other opening in it;
(6) 
While acting as a collection agency as defined in the Collection Agency Act[1] or as an employee of such collection agency, and while attempting to collect an alleged debt, makes a telephone call to the alleged debtor which is designed to harass, annoy or intimidate the alleged debtor;
[1]
Editor's Note: See 205 ILCS 740/1 et seq.
(7) 
Without lawful purpose, loiters about the building or buildings of any public or private school or institution of higher learning or the public premises adjacent thereto and is neither a person enrolled therein as a student nor a parent or guardian of such student, nor an employee of such school or institution. For the purposes of this section a truant from school shall not be considered a person enrolled as a student.
(8) 
Transmits or causes to be transmitted a false report to the Department of Children and Family Services under Section 4 of the Abused and Neglected Child Reporting Act.[2]
[2]
Editor's Note: See 325 ILCS 5/4.
(9) 
Transmits or causes to be transmitted a false report to the Department of Public Health under the Nursing Home Care Act,[3] the Specialized Mental Health Rehabilitation Act of 2013,[4] the ID/DD Community Care Act,[5] or the MC/DD Act;[6] or
[3]
Editor's Note: See 210 ILCS 45/1-101 et seq.
[4]
Editor's Note: See 210 ILCS 49/1-101 et seq.
[5]
Editor's Note: See 210 ILCS 46/1-101 et seq.
[6]
Editor's Note: See 210 ILCS 46/1-101 et seq.
(10) 
Transmits or causes to be transmitted in any manner to the police department or fire department or any privately-owned and operated ambulance service, a false request for an ambulance, emergency medical technician-ambulance, or emergency medical technician-paramedic, knowing at the time there is no reasonable ground for believing that such assistance is required.
(11) 
Transmits or causes to be transmitted a false report to any public safety agency without the reasonable grounds necessary to believe that transmitting such a report is necessary for the safety and welfare of the public; or
(12) 
Calls the number "911" for the purpose of making or transmitting a false alarm or complaint and reporting information when, at the time the call or transmission is made, the person knows there is no reasonable ground for making the call or transmission and further knows that the call or transmission could result in the emergency response of any public safety agency.
B. 
For the purposes of this section, "Emergency response" means any condition that results in, or could result in, the response of a public official in an authorized emergency vehicle, any condition that jeopardizes or could jeopardize public safety and results in, or could result in, the evacuation of any area, building, structure, vehicle or of any other place that any person may enter, or any incident requiring a response by a police officer, a firefighter, as State Fire Marshal employee, or an ambulance.
A. 
A person commits criminal trespass to real property when he or she:
(1) 
Knowingly and without lawful authority enters or remains within or on a building;
(2) 
Enters upon the land of another, after receiving prior to the entry notice from the owner or occupant that the entry is forbidden;
(3) 
Remains upon the land of another, after receiving notice from the owner or occupant to depart;
(4) 
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
(5) 
Enters a field used or capable of being used for growing crops, an enclosed area containing livestock, an agricultural building containing livestock, or an orchard in or on a motor vehicle (including an off-road vehicle, motorcycle, moped, or any other powered two-wheel vehicle) after receiving, prior to the entry, notice from the owner or occupant that the entry is forbidden or remains upon or in the area after receiving notice from the owner or occupant to depart.
B. 
For purposes of this Subsection A, this section shall not apply to being in a building which 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 open to the public.
C. 
For purposes of this Subsection A, a person has received notice from the owner or occupant if the person has been notified personally, either orally or in writing, including a valid court order as defined by ILCS Ch. 725, Act 5, § 112A-3 granting remedy (2) of ILCS Ch. 725, Act 5, § 112A-14(b), 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.
D. 
This section does not apply to any person, whether a migrant worker or otherwise, living on the land with permission of the owner or of the owner's agent having apparent authority to hire workers on the land and assign them living quarters or a place of accommodations for living thereon, nor to anyone living on such land at the request of or by occupancy, leasing, or other agreement or arrangement with the owner or the owner's agent, nor to anyone invited by the migrant worker or other person so living on the land to visit him or her at the place that person is so living upon the land.
Whoever knowingly and without authority enters any part of or operates any vehicle, aircraft, watercraft, or snowmobile commits criminal trespass to vehicles and shall be punished according to the laws governing this state.
A. 
A person commits an assault when, without lawful authority, he or she knowingly engages in conduct which places another in reasonable apprehension of receiving a battery.
B. 
A person commits an assault when, without lawful authority, he or she knowingly engages in conduct towards an individual of an insulting or provoking nature with the intent to incite violence.
A. 
A person commits battery if he intentionally or knowingly, without legal justification and by any means, causes bodily harm to an individual or makes physical contact of an insulting or provoking nature with an individual.
A. 
A person who causes bodily harm to or endangers the bodily safety of an individual by any means, commits reckless conduct if he or she performs recklessly the acts that cause the harm or endanger safety, whether they otherwise are lawful or unlawful.
B. 
A person who causes great bodily harm or permanent disability or disfigurement by any means, commits reckless conduct if he or she performs recklessly the acts that cause the harm, whether they otherwise are lawful or unlawful.
A person commits criminal damage to property when he or she:
A. 
Knowingly damages any property of another;
B. 
Recklessly by means of fire or explosive damages property of another;
C. 
Knowingly starts a fire on the land of another;
D. 
Knowingly injures a domestic animal of another without his or her consent;
E. 
Knowingly deposits on the land or in the building of another any stink bomb or any offensive smelling compound and thereby intends to interfere with the use by another of the land or building;
F. 
Knowingly damages any property, other than by means of arson, with the intent to defraud an insurer;
G. 
Knowingly shoots a firearm at any portion of a railroad train;
H. 
Knowingly, without proper authorization, cuts, injures, damages, defaces, destroys, or tampers with any fire hydrant or any public or private firefighting equipment, or any apparatus appertaining to firefighting equipment; or
I. 
Intentionally, without proper authorization, opens any fire hydrant.
A. 
A person commits theft when he knowingly:
(1) 
Obtains or exerts unauthorized control over property of the owner; or
(2) 
Obtains by deception, control over property of the owner; or
(3) 
Obtains by threat, control over property of the owner; or
(4) 
Obtains control over stolen property knowing the property to have been stolen by another or under such circumstances as would reasonably induce him to believe that the property was stolen, and
(5) 
Intends to deprive the owner permanently of the use or benefit of the property; or
(6) 
Knowingly uses, conceals, or abandons the property in such manner as to deprive the owner permanently of such use or benefit; or
(7) 
Uses, conceals, or abandons the property knowing such use, concealment, or abandonment probably will deprive the owner permanently of such use or benefit.
B. 
A person commits theft of lost or mislaid property when he or she obtains control over the property and:
(1) 
Knows or learns the identity of the owner or knows, or is aware of, or learns of a reasonable method of identifying the owner, and
(2) 
Fails to take reasonable measures to restore the property to the owner, and
(3) 
Intends to deprive the owner permanently of the use or benefit of the property.
A. 
Possession. No person shall carry any open containers of alcoholic liquor out of any liquor service premises, except for: i) bottles of wine in accordance with 235 ILCS 5/6-33, ii) growlers filled with beer in accordance with 235 ILCS 5/6-22, or iii) mixed drinks as described in 235 ILCS 5/6-28.8; all as long as the alcoholic liquor remains unsealed and unopened, as evidenced by the container itself, including, but not limited to, inspection of the tamper-proof seal.
B. 
Vehicles. No person shall transport, carry, possess or have any alcoholic liquor within the passenger area of any motor vehicle except in the original package and with the seal unbroken, except for: i) bottles of wine in accordance with 235 ILCS 5/6-33; ii) growlers fully sealed, iii) mixed drinks fully sealed; all as long as the alcoholic liquor remains unsealed and unopened, as evidenced by the container itself, including, but not limited to, inspection of the tamper-proof seal.
C. 
Public spaces. No person shall possess any open container of or consume alcoholic liquor in any public property or the parking lot of any business establishment or in any vehicle traveling upon or parked on any public property or parking lot of any business establishment, except where such possession or consumption has been authorized, pursuant to the terms of a liquor license, pursuant to a resolution of the governing body of the public property.
No person, after purchasing or otherwise obtaining alcoholic liquor, shall sell, give or deliver such alcoholic liquor to another person under the age of 21 years Any homeowner or resident of a home, over the age of 21 years, in possession of alcoholic beverage is responsible to maintain the alcoholic beverage in such manner that it is secure from possession of or consumption by a person under 21 years of age.
Purpose and intent. Minors are just as likely as adults to be involved in a wide range of unacceptable behavior including vandalism, alcohol and drug use, breaking and entering, damage to property and disorderly conduct. A breakdown or loss of supervision and guidance by parents and legal guardians contributes to minors being involved in such conduct. The Village has an obligation to provide for the protection of the general public and for the reduction of the incidence of juvenile criminal activity. The Village seeks to provide such protection through enforcement of parental control over and responsibility for minors. Parental responsibility for the whereabouts and actions of minors is the accepted norm and legal sanctions to enforce such responsibility has demonstrated effectiveness in increasing such responsibility and decreasing juvenile delinquency.
A. 
It is unlawful for a person less than 18 years of age to be present at or upon any public assembly, building, place, street or highway:
(1) 
Between 12:00 p.m. Friday and 6:00 a.m. Saturday;
(2) 
Between 12:00 p.m. Saturday and 6:00 a.m. Sunday; and
(3) 
Between 11:00 p.m. on Sunday through Thursday, inclusive, and 6:00 a.m. on the following day.
B. 
Subsection A above shall not apply:
(1) 
When the person is accompanied by a parent or legal guardian of that person;
(2) 
When the person is accompanied by an adult authorized by a parent or legal guardian of that person to take the parent's or legal guardian's place in accompanying the person for a designated period of time and purpose within a specified area;
(3) 
When the person is exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly, but only after first delivering to the Director of Public Safety or his designee a written communication, signed by the person and that person's parent or legal guardian, with their home address and telephone number and specifying when, where, and in what manner the person will be in a place and during hours when this section is applicable to said person in the exercise of a First Amendment right specified in such communication;
(4) 
In case of reasonable necessity for the person remaining in a public place but only after the person's parent or legal guardian has communicated to the Director of Public Safety or his designee the facts establishing the reasonable necessity relating to a specified public place at a designated time for a described purpose including points of origin and destination;
(5) 
When the person is on the sidewalk or property where the person resides, or on either side of or across the street from the place where the person resides and the adult owner or resident of that property has given permission for the person to be there;
(6) 
When the person is returning home by a direct route, without any unnecessary delay, detour or stop, from and within 30 minutes of the termination of a school activity or an activity of a religious or other voluntary association, or a place of public entertainment, such as a movie, play or sporting event, provided that if the event is not commercial in nature or does not have a fixed, publicly known time at which it will or does end, the sponsoring organization must register the event with the Director of Public Safety or his designee at least 24 hours in advance, informing the Police Department of the time that such event is scheduled to begin, the place at which it shall be held, the time at which it shall end, and the name of the sponsoring organization;
(7) 
When the person is legally employed and is, by a direct route without any unnecessary delay, detour or stop, traveling to or from such employment; or
(8) 
When the person is, with this consent of his or her parent or legal guardian, engaged in normal interstate or intrastate travel through the Village.
C. 
It is unlawful for a person under the age of 17 years, other than 1) a person who has been suspended or expelled from school, or 2) a person engaged in a business or occupation which the laws of the State of Illinois authorize a person less than 17 years of age to perform, or 3) a person not registered or enrolled in any public, private or parochial school, to be at any place within the Village except in attendance at school during normal school hours on a school day during the regular school term.
D. 
It is unlawful for a parent, legal guardian or other person to knowingly permit or by inefficient control to allow a person under the age of 18 years in his or her custody or control to violate any provision of this section. The term "knowingly" includes knowledge that a parent, legal guardian or other person should reasonably be expected to have concerning the whereabouts of a juvenile in the parent, legal guardian or other person's custody or control. This requirement is intended to hold a neglectful or careless parent, legal guardian, or other adult supervising a juvenile up to a reasonable community standard or responsibility through an objective test. It shall, therefore, be no defense that a parent, legal guardian or other adult was completely indifferent to the activities or conduct or whereabouts of such juvenile.
A. 
As used in this section, the following terms shall have the meanings indicated:
LEGAL GUARDIAN
An individual appointed guardian, or given custody of a minor by a circuit court of the State of Illinois.
MINOR
An individual who has not yet reached the age of 18 years old.
PARENT
The lawful and/or natural father or mother of an individual, including adoptive parents.
B. 
Pursuant to 740 ILCS 115/3, the parent(s) or legal guardian(s) of an unemancipated minor who resides with such parent or legal guardian is liable for actual damages for the willful or malicious acts of such minor which cause injury to a person or to property.
A. 
As used in this section, the following terms shall have the meanings indicated:
CANNABIS
Marijuana, hashish, and other substances that are identified as including any parts of the plant Cannabis sativa and including derivatives or subspecies, such as indica, of all strains of cannabis, whether growing or not; the seeds thereof, the resin extracted from any part of the plant; and any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other naturally produced cannabinol derivatives, whether produced directly or indirectly by extraction. However, "cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted from it), fiber, oil or cake, or the sterilized seed of the plant that is incapable of germination. "Cannabis" does not include industrial hemp as defined and authorized under the Industrial Hemp Act.[1] "Cannabis" also means cannabis flower, cannabis concentrate and cannabis-infused products.
[1]
Editor's Note: See 505 ILCS 89/1 et seq.
B. 
It shall be unlawful for any person to possess the cannabis sativa plant except as allowed by and in compliance with the Compassionate Use Act[2] and/or except as allowed by and in compliance with the Cannabis Regulation and Tax Act.[3]
[2]
Editor's Note: See 410 ILCS 130/1 et seq.
[3]
Editor's Note: See 410 ILCS 705/1 et seq.
C. 
The presence in a motor vehicle of any cannabis, cannabis sativa plant, or controlled substance is prima facie evidence that it is in the possession of and is being carried by all persons occupying such motor vehicle at the time the cannabis, cannabis sativa plant, or controlled substance is found, except under the following circumstances:
(1) 
If the cannabis, cannabis sativa plant, or controlled substance is found directly on the person of one of the occupants; or
(2) 
If the cannabis, cannabis sativa plant, or controlled substance is found in a motor vehicle for hire by a duly licensed driver in the due, lawful and proper pursuit of his trade, the presumption above shall not apply to the driver.
D. 
Uses. Even if otherwise allowed by and in compliance with the Cannabis Regulation and Tax Act, it shall be unlawful for any person to use cannabis any substance containing cannabis:
(1) 
In a school bus unless allowed by and in compliance with the Compassionate Use Act;
(2) 
On the grounds of any preschool or primary or secondary school unless allowed by and in compliance with the Compassionate Use Act;
(3) 
In any correctional facility;
(4) 
In a motor vehicle;
(5) 
In a private residence that is used at any time to provide licensed childcare or other similar social service care on the premises;
(6) 
In any public place; and
(7) 
Knowingly in close physical proximity to anyone under 21 years of age who is not a registered medical cannabis patient under the Compassionate Use Act.
(8) 
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 Cannabis Regulation and Tax Act or the Compassionate Use Act.
(9) 
Even if otherwise allowed by and in compliance with the Cannabis Regulation and Tax Act, it shall be unlawful for any person to smoke cannabis, any substance containing cannabis in any place where smoking is prohibited under the Smoke Free Illinois Act.
(10) 
It shall be unlawful for any person under 21 years of age to possess, purchase, use or deliver cannabis, except as allowed by and in compliance with the Compassionate Use Act.
No person shall dump, deposit, drop, throw, discard, leave, cause, or permit the dumping, depositing, dropping, throwing, discarding, or leaving of litter upon any public or private property in this Village, or upon or into any river, lake, pond, or other stream or body of water in this Village unless:
A. 
The property has been designated by the Village or any of its agencies for the disposal of litter, and the litter is disposed of on that property in accordance with the applicable rules and regulations of the State Pollution Control Board;
B. 
The litter is placed into a receptacle or other container intended by the owner or tenant in lawful possession of that property for the deposit of litter;
C. 
The person is the owner or tenant in lawful possession of the property or has first obtained the consent of the owner or tenant in lawful possession, or unless the act is done under the personal direction of the owner or tenant and does not create a public health or safety hazard, a public nuisance, or a fire hazard;
D. 
The person is acting under the direction of proper public officials during special cleanup days; or
E. 
The person is lawfully acting in or reacting to an emergency where health and safety is threatened and removes and properly disposes of any litter when the emergency no longer exists.
Any person found guilty of violating any provision of this chapter shall be fined not less than $200 nor more than $1,000 for each offense. In addition to any fine imposed hereunder, the offender shall be ordered to pay all of the costs and fees incurred by the Village in prosecuting the violation, which shall include, but not be limited to, the costs associated with an administrative adjudication proceeding or court proceeding, and reasonable attorney's fees.