[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Editor's Note: This ordinance also superseded former Ch. 205,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.
(9)
(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:
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 under the age of 21 years shall purchase, attempt
to purchase, accept delivery, accept a gift of, or have possession
of or consume alcoholic liquor.
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:
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.
LEGAL GUARDIAN
MINOR
PARENT
As used in this section, the following terms shall have the meanings
indicated:
An individual appointed guardian, or given custody of a minor
by a circuit court of the State of Illinois.
An individual who has not yet reached the age of 18 years
old.
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.
CANNABIS
As used in this section, the following terms shall have the meanings
indicated:
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.
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.
