G-577 - 10/22/1996 - OFFENSE - Ordinances ORDINANCE 96-PD-OF-G-577
AN ORDINANCE ADOPTING A COMPREHENSIVE AMENDMENT TO
CHAPTER 9, "OFFENSES AND MISCELLANEOUS PROVISIONS"
AND AMENDING SECTION 1-8, "GENERAL PENALTY"
OF THE CODE OF ORDINANCES
OF THE VILLAGE OF OAK BROOK, ILLINOIS
WHEREAS, the Village Manager and staff have recommended comprehensive
amendments to Chapter 9 entitled, "Offenses and Miscellaneous Provisions" and
an amendment to the General Penalty provision of Chapter 1 entitled, "General
Provisions" of the Code of Ordinances of the Village of Oak Brook; and
WHEREAS, the Village President and Board of Trustees have reviewed these
amendments and have approved the changes recommended by the Village Manager
and staff and deem that these further revisions to be in the best interest and
in furtherance of the general welfare of the citizens of the Village of Oak
Brook; and
WHEREAS, the sections in Chapter 9 which pertain to animal control
(Article IV on page 21 of this ordinance) are not being substantially revised
at this time, but will be revised at a future date and assigned a separate
chapter in the Village Code;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: That the provisions of the preamble hereinabove set forth are
hereby adopted as though fully set forth herein.
Section 2: That Chapter 1, Section 1-8, entitled, "General Penalty" of
the Code of Ordinances of the Village of Oak Brook is amended to read as set
forth as follows:
"Sec. 1-8. General Penalty.
The violation of, or failure to comply with any provision of this
Code shall constitute an offense against the Village of Oak Brook,
and where no specific penalty is provided therefor, shall subject
the offender, upon conviction, to a fine of not to exceed seven
hundred fifty dollars ($750.00) .
The parent or legal guardian of an unemancipated minor defendant
who resides with such parent or legal guardian shall be liable for
any fine or condition of restitution or reparation imposed by the
court upon a minor hereunder; provided, that the minor has not
paid such fine or made restitution or reparation within the time
ordered by the court, and further provided that such parent or
legal guardian has been served with a notice to appear in the
original cause as provided by law.
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The payment of fines and costs of prosecution may be enforced
summarily against the property of the delinquent.
Any condition caused or permitted to exist in violation of any of
the provisions of this Code or any ordinance of the village shall
be deemed a public nuisance and shall be subject to abatement by
the village.
Each and every act, action or thing done in violation of the
provisions of this Code, or ordinance of the village, shall be
construed, deemed and taken as a separate and distinct violation
of such provisions of this Code, and in every event that a
violation of this Code, or any of the provisions hereof, shall
continue, each day of such continuance shall be deemed, construed
and taken as a separate and distinct violation of the provisions
of this Code that such condition so allowed to continue shall
violate."
Section 3: That Chapter 9, entitled, "Offenses and Miscellaneous
Provisions" of the Code of Ordinances of the Village of Oak Brook is amended
to read as set forth as follows:
"ARTICLE I. IN GENERAL
Section 9-1. Noise.
(a) It shall be unlawful for any person to make, continue to cause to
be made or continued any loud, unnecessary, prolonged or unusual
noise which disturbs the peace of others.
(b) Any person who shall, without prior authorization by the president
and board of trustees, operate or cause, permit or allow to be
operated upon any public street in the village any mechanically
operated piano, phonograph or other musical instrument, radio or
similar mechanical or electrical device or wind instrument or
noise-making device of any character whatsoever, for the purpose
of advertising any goods, wares, merchandise or other articles for
sale, barter or exchange, or for the purpose of attracting
attention, or of inviting the patronage of any person to any
business whatsoever, shall be deemed guilty of an offense against
the village.
Section 9-2. Use of Heavy Equipment; Tools--Restrictions.
Except as provided in subsections (b) , (c) and (d) of this section below, no
person or entity may use "heavy equipment" in residential areas except between
seven o'clock (7:00) A.M. and six o'clock (6:00) P.M. Monday through Friday
and between eight o'clock (8:00) A.M. and five o'clock (5:00) P.M. on
Saturdays and Sundays; and in commercial areas except between six o'clock
(6:00) A.M. and six o'clock (6:00) P.M. Monday through Friday and between six
o'clock (6:00) A.M. and six o'clock (6:00) P.M. on Saturdays and Sundays;
provided, however, that such equipment shall not be used at any time on
Federal holidays. For purposes of this section, "heavy equipment" shall mean
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bulldozers, jackhammers, pile drivers, power hammers, chain saws, graders,
riveters, earth movers, tree and stump grinders, trenchers, cement mixers,
tractors, power hoists or derricks, demolition balls, power shovels, trucks,
and power equipment on wheels or traction chains, or other similar equipment,
but shall not include garbage trucks, which are governed by separate agreement
within the Village.
(a) Other Tools: Tools other than heavy equipment may be used at any
time within a fully enclosed structure; any use of such tools
outside a fully enclosed structure shall be prohibited between the
hours of eight o'clock (8:00 ) P.M. and eight o'clock (8:00) A.M.
except as provided in subsections (b) , (c) and (d) of this section
below.
(b) Emergencies: The limitations stated in this Section 9-2 shall not
apply in any situation which requires heavy equipment or other
tools in emergencies to assist or avoid a problem related to
health or to safety of persons or property, or to sewer, water,
power, utility, or telephone interruptions.
(c) Work by Public Agencies: The limitations stated in this Section
9-2 may be waived by the Board of Trustees by resolution for work
undertaken by any public body or agency for the benefit of the
public. The Board of Trustees may attach to any such waiver all
conditions it deems necessary to protect the public health, safety
or welfare.
(d) Waiver: The limitations stated in this Section 9-2 may be waived
by the Village Manager in areas of the Village zoned for non-
residential uses pursuant to the Village of Oak Brook Zoning
Ordinance provided, however, that no such waiver shall be granted
unless the Village Manager finds that:
(1) The party seeking the waiver will suffer a unique or unusual
hardship unless the waiver is granted; and
(2) The granting of a waiver will not cause a substantial or
undue adverse impact upon adjacent property or upon the
public health, safety and welfare.
The Village Manager may attach to such waiver all conditions
he/she deems necessary to protect the public health, safety
or welfare.
(e) Building Permits: Work undertaken pursuant to any permit issued
by the Village shall be subject to the provisions of this Section.
Section 9-3. Searchlights.
(a) It shall be unlawful to install, to operate, or to maintain,
anywhere in the village, a searchlight.
(b) A "searchlight" is defined, for purposes of this section, as an
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apparatus for projecting a powerful beam of light of approximately
parallel rays, usually devised so that it can be swiveled about;
also the beam of light projected by it.
(c) Notwithstanding Section 9-3(a) , searchlights may be employed by
police, fire or civil defense personnel for authorized emergency
operations or training missions.
Section 9-4. Smoking Restrictions.
Reserved. See 410 ILCS 80/1-11, Illinois Clean Indoor Air Act [P.A. 86-1018] .
Section 9-5. Obstructing Streets or Sidewalks.
It shall be unlawful for any person without prior authorization by the village
manager or his/her designee to engage in any game, sport, amusement, business
or exhibition upon the streets or sidewalks, which shall collect any crowd of
persons so as to interfere with the passage of vehicles or of persons passing
along the streets or sidewalks.
Section 9-6. Posting Bills on Public Property.
It shall be unlawful for any person to affix any handbill, sign, poster,
advertisement on any curbstone, flagstone or other part of any sidewalk, or
upon any tree, fence, lamp post, hitching post, telephone or power pole, or
hydrant within the streets or alleys or upon any village property; provided,
however, that this section shall not be construed so as to prohibit the
posting of legal notices.
Section 9-7. Throwing Articles in Streets; Littering.
It shall be unlawful for any person to throw, drop, place or leave in or on
any road, street, alley, sidewalk or public place in the village any
handbills, posters, dodgers, boxes, paper or any stone, missiles, nails,
glass, iron or metal, trash, snow, garbage, or any other article or thing,
except gravel, bituminous material, concrete or cinders or chemical compound,
either for street improvement or ice and snow removal, and leaves to the edge
of the pavement between October 1st and November 30th, provided the leaves do
not obstruct the right of way.
Section 9-8. Defacing Trees or Buildings.
It shall be unlawful for any person to cut, injure, mark or deface any
building, structure or property not his own, or any tree, grass, shrub, or
pathway, street, public park or public property.
Section. 9-9. Damaging Shrubbery.
It shall be unlawful for any person to cut down, dig up, damage or destroy any
fruit or ornamental tree or cultivated plant, standing or growing on the land
or premises of another, or pick, destroy, or carry away therefrom, any part,
bud, flower or fruit of any cultivated tree, plant, vine or bush, without
permission from the owner or occupant of said land or premises, or shall
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without lawful authority cut down, uproot, damage or destroy any fruit or
ornamental tree or shrubbery, planted or growing on any street, highway,
public thoroughfare, park or public grounds.
Section 9-10. Spitting on Sidewalks.
It shall be unlawful for any person to spit upon any public sidewalk or upon
the floor of any hall, assembly room or public building in the Village.
Section 9-11. Trespassing.
(a) Whoever enters upon the land or any part thereof of another after
receiving, immediately prior to such entry, notice from the owner
or occupant that such entry is forbidden or remains upon the land
of another after receiving notice from the owner or occupant to
depart shall be deemed guilty of an offense against the Village.
(b) A person has received notice from the owner or occupant, within
the meaning of subsection (a) , if he has been notified personally,
either orally or in writing, or if a printed or written notice
forbidding such entry has been conspicuously posted or exhibited
at the main entrance to such land or the forbidden part thereof.
(c) A person commits the offense of trespass to a residence when,
without authority, he knowingly enters or remains within any
residence. For purposes of this section, in the case of a multi-
unit residential building or complex, "residence" shall only
include the portion of the building or complex which is the actual
dwelling place of any person and shall not include such places as
common recreational area or lobbies.
(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 his agent having apparent authority to hire workers on
such 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 his agent, nor to
anyone invited by such migrant worker or other person so living on
such land to visit him at the place he is so living upon the land.
Section 9-12. Tampering With a Motor Vehicle.
It shall be unlawful for:
(a) A person, without authority to do so, to damage a vehicle or to
damage or remove any part of a vehicle;
(b) A person, without authority to do so, to tamper with a vehicle or
go in it, on it, or work or attempt to work any of its parts, or
set or attempt to set it in motion.
Section 9-13. Discharging Firearms or Air Rifles.
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(a) It shall be unlawful for any person to discharge any firearm, air
rifle, paint gun, stun gun or similar device within the corporate
limits of the village. The provisions of this subsection do not
apply to:
(1) Law enforcement officials of this or any other jurisdiction,
while engaged in the operation of their official duties.
(2) Duly enrolled members of any club, team or society organized
for educational purposes, having a written permission from
the chief of police to use an indoor or outdoor range,
including archery ranges, under the supervision, guidance
and instruction of a responsible adult, and in actual
connection with the activities of said club, team or society
under the supervision of a responsible adult.
(b) As used in subsection (a) , the term "firearm" means any device, by
whatever name known, which is designated to expel a projectile or
projectiles by the action of an explosion, expansion or gas or
escape of gas, excluding however:
(1) Any device used exclusively for signalling or safety and
required or recommended by the United States Coast Guard of
the Interstate Commerce Commission, or
(2) Any device used exclusively for the firing of stud
cartridge, explosive rivets or similar industrial
ammunition.
The term "air rifle" means and includes any air gun, air pistol,
spring gun, spring pistol, BB gun, pellet gun, paint gun, stun gun
or any implement that is not a firearm, which impels a pellet
constructed of hard plastic, steel, lead or other hard materials
with a force that reasonably is expected to cause bodily harm.
Section 9-14. Damage to Property.
(a) Definitions:
(1) "Person" shall include any individual, firm, partnership,
association, corporation, company or organization of any
kind.
(2) "Property" shall include any real estate including
improvements thereon, and tangible personality.
(b) Violation: It shall be a violation of this section for any person
to knowingly damage any property of another person without his/her
consent.
Section 9-15. Damage to Village Property.
No person shall destroy, injure, remove or deface any public or private
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property within the village without the owner's consent. Said offense shall
include, but is not limited to actions by operating vehicles, cutting,
tearing, breaking, digging, throwing, shooting, marking, painting or drawing
when such actions have the effect of causing damage to public property.
Section 9-16. Depositing Refuse, Garbage, Junk or Compostable Materials on
Property of Another.
No person shall deposit or cause to be deposited refuse, garbage,junk or
compostable materials on the property of another, including deposit inside
containers, dumpsters, trash cans or barrels intended for the deposit of those
items by occupants of the property.
Section 9-17. Offenses Relating to Drugs.
(a) Definitions:
(1) 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,
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 or cake, or the sterilized
seed of such plant which is incapable of germination.
(2) Drug Paraphernalia: Means all equipment, products and
materials of any kind which are peculiar to and marketed for
use in planting, propagating, cultivating, growing,
harvesting, manufacturing, compounding, converting,
producing, processing, preparing, testing, analyzing,
packaging, repackaging, storing, containing, concealing,
injecting, ingesting, inhaling or otherwise introducing in
to the human body cannabis or a controlled substance. It
includes, but is not limited to
a. Kits peculiar to and marketed for use in
manufacturing, compounding, converting, producing,
processing or preparing cannabis or a controlled
substance;
b. Isomerization devices peculiar to and marketed for use
in increasing the potency of any species of plant
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which is cannabis or a controlled substance;
c. Testing equipment peculiar to and marketed for private
home use in identifying or in analyzing the strength,
effectiveness or purity of cannabis or controlled
substances;
d. Diluents and adulterants peculiar to and marketing for
cutting cannabis or a controlled substance by private
persons;
e. Objects peculiar to and marketed for use in ingesting,
inhaling, or otherwise introducing cannabis, cocaine,
hashish, or hashish oil into the human body including,
where applicable, the following items:
(i) water pipes
(ii) carburetion tubes and devices;
(iii) smoking and carburetion masks;
(iv) miniature cocaine spoons and cocaine vials;
(v) carburetor pipes;
(vi) electric pipes;
(vii) air-driven pipes;
(viii) chillums;
(ix) bongs;
(x) ice pipes or chillers;
f. Any item whose purpose, as announced or described by
the seller, is for use in violation of this Section.
(b) Cannabis. It shall be a violation of this subsection for any
person knowingly to possess any quantity of any substance
containing cannabis, except that the effect of this subsection
shall be limited to persons knowingly possessing less than thirty
(30) grams of any substance containing cannabis.
(c) Drug Paraphernalia. It shall be a violation of this subsection
for any person to knowingly possess any drug paraphernalia.
(d) Inhaling or Drinking Certain Substances: No person shall possess,
inhale, breathe or drink any compound liquid or chemical
containing nitric oxide, toluol, hexane, trichloroethylene,
acetone, toluene, ethyl acetate, methyl ethyl acetone,
trichloroethane, isopropanol, methyl isobutyl ketone, methyl
cellosolve acetate, cyclohexanone, or any other substance for the
purpose of inducing symptoms of intoxication, elation, dizziness,
paralysis, irrational behavior, or in any manner to change,
distort or disturb the audio, visual or mental processes. For the
purpose of this Section, any such condition so induced shall be
deemed to be an intoxicated condition; provided, however, that the
provisions of this subsection shall not apply to: any person who
inhales, breathes or drinks such material or substances pursuant
to the direction or prescription of any doctor, physician,
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surgeon, dentist or podiatrist authorized to do direct or
prescribe.
Section 9-18. Theft.
(a) Theft Prohibited. No person shall commit theft. A person commits
theft when he/she 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 of 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
a. Intends to deprive the owner permanently of the use or
benefit of the property; or
b. Knowingly uses, conceals or abandons the property in
such manner as to deprive the owner permanently of
such use or benefit; or
c. Uses, conceals or abandons the property knowing such
use, concealment or abandonment probably will deprive
the owner permanently of such use or benefit.
(b) Attempted Theft Prohibited. No person shall commit attempted
theft. A person commits an attempted theft when, with the intent
to commit a theft, he/she does any act which constitutes a
substantial step toward the commission of that offense.
Section 9-19. Retail theft.
(a) Definitions. For purposes of this section, the words and phrases
defined herein shall have the meanings ascribed to them in this
section unless a contrary meaning is clear from the context.
(1) Conceal. To "conceal" merchandise means that, although
there may be some notice of its presence, the merchandise is
not visible through ordinary observation.
(2) Full retail value. "Full retail value" means the merchant's
stated or advertised price of the merchandise.
(3) Merchandise. "Merchandise" means any item of tangible
personal property.
(4) Merchant. "Merchant" means an owner or operator of any
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retail mercantile establishment or any agent, employee,
lessee, consignee, officer, director, franchisee or
independent contractor of such owner or operator.
(5) Premises of a retail mercantile establishment. "Premises of
a retail mercantile establishment" includes, but is not
limited to, the retail mercantile establishment; any common
use areas in shopping centers and all parking areas set
aside by a merchant or on behalf of a merchant for the
parking of vehicles for the convenience of the patrons of
such retail mercantile establishment.
(6) Retail mercantile establishment. "Retail mercantile
establishment" means any place where merchandise is
displayed, held, stored or offered for sale to the public.
(7) Shopping cart. "Shopping cart" means those push carts of
the type or types which are commonly provided by grocery
stores, drugstores or other retail mercantile establishments
for the use of the public in transporting commodities in
stores and markets and, incidently, from the stores to a
place outside the store.
(8) Under-ring. "Under-ring" means to cause the cash register
or other sales-recording device to reflect less than the
full retail value of the merchandise.
(b) Retail theft prohibited. No person shall commit retail theft. A
person commits the offense of retail theft when he knowingly:
(1) 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
(2) 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
personally or in consort with another at less than the full
retail value with the intention of depriving the merchant of
the full retail value of such merchandise; or
(3) Transfers any merchandise displayed, held, stored or offered
for sale, in a re tail 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
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(4) Under-rings with the intention of depriving the merchant of
the full retail value of the merchandise;
(5) 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.
(6) Represents to a merchant that he or another is the lawful
owner of property, knowing that such representation is
false, and conveys or attempt 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
(7) 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 the retail mercantile
establishment without paying the full retail value of such
merchandise.
(c) Attempted retail theft prohibited. No person shall commit
attempted retail theft. A person commits attempted theft when,
with the intent to commit a theft, he or she does any act which
constitutes a substantial step toward the commission of that
offense.
(d) Presumptions. If any person:
(1) 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
(2) Removes that merchandise beyond the last known station for
receiving payments for the merchandise in that retail
mercantile establishment,
such person shall be presumed to have 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.
Section 9-20. Disorderly Conduct.
A person commits disorderly conduct when he does any act is such unreasonable
manner as to alarm or disturb another and to provoke, make or aid in making, a
breach of the peace. Acts which shall be deemed to be disorderly conduct, and
are prohibited, include, but are not limited to, the following:
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(a) Abusive words or gestures. Uttering profane, obscene or abusive
words or performing profane, obscene or abusive gestures directed
to and within the view or hearing of another, with the intent to
provoke a breach of the peace.
(b) Disturbing passersby. Disturbing passersby on any street,
sidewalk or other place open to the public by placing any
obstruction upon or across the same, or by throwing missiles of
any kind, or by jeering at or deriding in any other manner, with
intent to disturb any person in the lawful and orderly use of such
street, sidewalk or place open to the public.
(c) Disturbing public assemblies. Disturbing any orderly assembly of
any kind.
(d) Fighting. Engaging in or encouraging a fight in any street, park
or other place open to the public.
(e) Keeping a disorderly place. Causing or permitting any room,
house, shop, building or place of any description (while having
the control thereof) to become the gathering place of disorderly
persons, or causing or permitting therein any unreasonable noise
which breaches the peace.
(f) Loud noises. Making unreasonable noises that alarm or disturb
another.
(g) Obstructing entrances. Obstructing (or remaining about) any
sidewalk, entrance to any school, church, club, or other room or
building used for public assemblies, or entrance to other places
open to the public after being requested by a police officer or
any person in charge of such place to move on.
(h) Unlawful assembly. Assembling with two or more persons for
purposes of disturbing the public peace.
(i) Urinating in public. Urinating or depositing excrement upon
streets, alleys, parks, or other places open to the public.
Section 9-21. Renting Hotel or Motel Rooms.
No person shall rent a hotel or motel room from the proprietor or agent for
the purpose of or with the knowledge that such room shall be used for the
consumption of alcoholic liquor by persons under the age of 21 years.
•
Section 9-22. Curfew.
(a) Curfew established. It shall be unlawful for any person less than
seventeen (17) years of age to be present at, in or upon, within
the corporate limits of the Village, any public assembly,
building, place, street or highway at any of the times established
in subsection (b) of this Section, unless that person is
accompanied by and supervised by a parent, legal guardian or other
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responsible companion who is at least eighteen (18) years of age
and who is approved by a parent or legal guardian, or unless that
person is engaged in a lawful business or occupation which State
law authorizes a person less than seventeen (17) years of age to
perform.
(b) Curfew hours. Curfew hours shall be:
1. Between 12:01 a.m. and 6:00 a.m. on Saturday;
2. Between 12:01 a.m. and 6:00 a.m. on Sunday;
3. Between 11:00 p.m. on Sunday, Monday, Tuesday, Wednesday or
Thursday and 6:00 a.m. the following day.
(c) School curfew established. It shall be unlawful for any person
less than eighteen (18) years of age who is enrolled in any
public, private or parochial school to be present at, in or upon,
within the corporate limits of the Village, any public assembly,
building, place, street or highway, other than school, during any
time when school is in session during the regular school term,
unless that person is:
1. Traveling to or from school by the most direct available
route; or
2. Engaged in school-related activities with prior approval of
school authorities or as otherwise authorized by written
school policy; or
3. Engaged in personal business, including, but not limited
to, employment, medical care or religious activities, with
prior written notice thereof from a parent or legal
guardian addressed to school authorities or when
accompanied by a parent or legal guardian.
(d) Parental responsibility. It shall be unlawful for a parent, legal
guardian or other responsible companion to knowingly permit a
person in his or her custody or control to violate subsections
(a) , (b) or (c) of this Section.
Section 9-23. Transmission of Obscene Messages Prohibited.
No person shall send messages or use language or terms which are obscene, lewd
or immoral with the intent to offend by means of or while using a telephone or
telegraph facilities, equipment or wires of any person, firm or corporation
engaged in the transmission of news or messages between states or within the
State of Illinois. The use of language or terms which are obscene, lewd or
immoral is prima facie evidence of the intent to offend.
Section 9-24. Telephone Harassment.
No person shall engage in harassment by telephone. Harassment by telephone is
use of telephone communications for any of the following purposes:
Ordinance 96-PD-OF-G-577
Amending Chapters 1 and 9 of
the Code of Ordinances,
Page 14
(a) Making any comment, request, suggestion or proposal which is
obscene, lewd, lascivious, filthy or indecent with an intent to
offend; or
(b) Making a telephone call, whether or not conversation ensues, with
intent to abuse, threaten or harass any person at the called
number; or
(c) Making or causing the telephone of another repeatedly to ring with
the intent to harass any person at the called number; or
(d) Making repeated telephone calls, during which conversation ensues,
solely to harass any person at the called number; or
(d) Knowingly permitting any telephone under one' s control to be used
for any of the purposes mentioned herein.
Section 9-25. Public Indecency.
(a) Any person of the age of 17 years and upwards who performs any of
the following acts in a public place, as defined herein, commits a
public indecency, which is prohibited:
(1) An act of sexual penetration or sexual conduct; or
(2) A lewd exposure of the body done with intent to arouse or
to satisfy the sexual desire of the person.
(b) For purposes of this section, the following definitions shall
apply:
Public place means any place where the conduct may reasonably be
expected to be viewed by others.
Sexual conduct means any intentional or knowing touching or
fondling by the victim or the accused, either directly or through
clothing, of the sex organs, anus or breast of the victim or the
accused, or any part of the body of a child under 13 years of age,
for the purpose of sexual gratification or arousal of the victim
or the accused.
Sexual penetration means any contact, however slight, between the
sex organ of one person and the sex organ, mouth or anus of
another person, or any intrusion, however slight, of any part of
the body of one person or of any animal or object into the sex
organ or anus of another person, including but not limited to
cunnilingus, fellatio or anal penetration. Evidence of emission
of semen is not required to prove sexual penetration.
Section 9-26. Obscenity.
(a) Elements of the offense. No person shall commit obscenity in the
Village. A person commits obscenity when, with knowledge of the
Ordinance 96-PD-OF-G-577
Amending Chapters 1 and 9 of
the Code of Ordinances,
Page 15
nature or content thereof, or recklessly failing to exercise
reasonable inspection which would have disclosed the nature or
content thereof, he or she:
(1) Sells, delivers or provides, or offers or agrees to sell,
deliver or provide any obscene writing, picture, record or
other representation or embodiment of the obscene; or
(2) Presents or directs an obscene play, dance or other
performance or participates directly in that portion thereof
which makes it obscene; or
(3) Publishes, exhibits or otherwise makes available anything
obscene; or
(4) Performs an obscene act or otherwise presents an obscene
exhibition of his or her body for gain; or
(5) Creates, buys, procures or possesses obscene matter or
material with intent to disseminate it in violation of this
section, or of the penal laws or regulations of any other
jurisdiction; or
(6) Advertises or otherwise promotes the sale of material
represented or held out by him or her to be obscene, whether
or not it is obscene.
(b) Obscene Defined. A thing is obscene if, when considered as a
whole by the average person applying contemporary community
standards;
(1) its predominant appeal is to prurient interest, that is, a
shameful or morbid interest in nudity, sex or excretion, and
it goes substantially beyond customary limits of candor in
description or representation of such matters; and
(2) it depicts in a patently offensive way beyond the customary
limits of candor, ultimate sexual acts or sadomasochistic
sexual acts, whether normal or perverted, actual or
simulated, or masturbation, excretory functions or lewd
exhibition of the genitals; and
(3) the work or exhibition as a whole is utterly without
redeeming social importance.
(c) Interpretation of Evidence. In determining whether an object, act
or exhibition is obscene, a court or other authority should
consider, in addition to other logically relevant factors;
(1) Circumstances of production, presentation, sale,
dissemination, distribution or publicity which indicate that
material is being commercially exploited for the sake of its
prurient appeal.
Ordinance 96-PD-OF-G-577
Amending Chapters 1 and 9 of
the Code of Ordinances,
Page 16
(2) The character of the audience for which the material was
designed or to which it was directed.
(3) What the predominant appeal of the material would be for
ordinary adults or a special audience, and what effect, if
any, it would probably have on the behavior of such people.
(4) The artistic, literary, scientific, educational or other
merits of the material, or absence thereof.
(5) The degree, if any, of public acceptance of the material in
the State.
(6) Appeal to prurient interest, or absence thereof, in
advertising or other promotion of the material.
(7) Purpose of the author, creator, publisher or disseminator.
(d) Forfeiture of property.
(1) Obscenity is a far-reaching and extremely profitable crime,
which persists despite the threat of prosecution and
successful prosecution because existing sanctions do not
effectively reach the money and other assets generated by
it. The state has, therefore, determined it to be necessary
to supplement existing sanctions by mandating forfeiture of
money and other assets generated by such crime, to diminish
the financial incentives which encourage and sustain
obscenity and secure for the state, local government and
prosecutors a resource for prosecuting obscenity crimes.
(2) The village shall assist the county state's attorney and the
attorney general of the state in investigating and
prosecuting crimes of obscenity and in obtaining forfeiture
of property pursuant to state law, and specifically pursuant
to the procedures set forth in 720 ILCS 5/11-20.
(e) Prima facie evidence of intent to disseminate.
The creation, purchase, procurement or possession of a mold,
engraved plate or other embodiment of obscenity specially adapted
for reproducing multiple copies, or the possession of more than
three copies of obscene material, shall be prima facie evidence of
an intent to disseminate.
(f) Affirmative defense. It shall be an affirmative defense to
obscenity that the dissemination:
(1) Was not for gain and was made to personal associates other
than children under 18 years of age; or
(2) Was to institutions or individuals having scientific or
other special justification for possession of such material.
Ordinance 96-PD-OF-G-577
Amending Chapters 1 and 9 of
the Code of Ordinances,
Page 17
Section 9-27. Fireworks.
(a) It shall be unlawful to sell, offer for sale, store, use, explode
or possess any fireworks as defined in the Fireworks Use Act [425
ILCS 35/1] in the Village, except as may be necessary for the
performance of a licensed public exhibition of pyrotechnics as
hereinafter provided. Any such storage must be under the
supervision of and subject to the approval of the Village Chief of
Police, Village Fire Chief, and the State Fire Marshal.
(b) Public Displays: Public exhibitions of fireworks and pyrotechnics
may be given if application is made per the Rules and Regulations
for such applications and a permit is granted by the Fire Chief.
Such exhibitions shall be given subject to the supervision of the
Village Fire Chief or some person designated by him.
Section 9-28 - 9.35. Reserved.
ARTICLE II. AUTOMATIC BURGLAR ALARMS
Section 9-36. Definitions.
For the purpose of this article, the following words and phrases shall have
the meanings ascribed to them in this section.
Alarm equipment supplier: Any person who sells, leases or installs automatic
alarm systems which transmit alarms upon receipt of a stimulus from a
detection apparatus.
Alarm system: Any assembly of equipment, mechanical or electrical, arranged
to signal the occurrence of an illegal entry or other activity requiring
urgent attention and to which the police department is expected to respond.
Alarm user: The person, firm, partnership, association, corporation, company
or organization of any kind in control of any building, structure or facility
or portion thereof wherein an alarm system is maintained.
Automatic telephone dialing alarm system: Any alarm system which upon being
activated automatically transmits by telephone or telephone line to the Oak
Brook Police Department a recorded message or code signal indicating a need
for emergency response.
Central station alarm system: An alarm system in which the operation of
electrical protection circuits and devices are signaled automatically to,
recorded in, and maintained and supervised from a central station other than
the Village of Oak Brook.
Direct connect: An alarm system which has the capability of transmitting
system signals to and receiving them at the Village communications center.
False alarm: A visual and/or audible signal transmitted by an alarm system
which indicates the existence of an emergency situation, when in fact, no such
emergency exists, and shall include any activation of an alarm system by
Ordinance 96-PD-OF-G-577
Amending Chapters 1 and 9 of
the Code of Ordinances,
Page 18
whatever means, but shall not include alarms resulting from any of the
following causes:
(a) Criminal activity;
(b) Earthquake causing structural damage to the protected premises;
(c) Winds causing structural damage to the protected premises;
(d) Flooding of the protected premises due to overflow of natural
drainage;
(e) Lightning causing physical damage to the protected premises;
(f) Fire causing structural damage to the protected premises verified
by the fire department;
(g) Telephone line malfunction verified in writing by an authorized
telephone company supervisor with seven (7) days of the
occurrence; or
(h) Electrical service interruption verified in writing by the local
power company manager within seven (7) days of the occurrence.
If the alarm, when communicated to the Village before an officer is dispatched
to investigate, is clearly identified to the Village as resulting from
authorized entry, authorized system test, or other non-criminal cause through
use of a preassigned code number, it shall not be considered a false alarm.
If police units, responding to an alarm and checking the protected premises
according to standard department operating procedures, do not discover any
evidence of unauthorized entry or criminal activity, there shall be a
rebuttable presumption that the alarm is false. Entries in the police
department "daily log" shall be prima facie evidence of the facts stated
therein with regard to alarms and responses.
Section 9-37. Permits Required.
(a) No person shall install, operate or maintain any automatic
telephone dialing or direct connect alarm system without first
obtaining a permit as required by this section.
(b) Applications for permits to install, maintain and operate
automatic telephone dialing and direct connect alarms shall be
filed with the chief of the police department on forms supplied by
the village and shall be accompanied by an application fee of
twenty-five dollars ($25.00) . The application shall state the
name, address and telephone number of the applicant's property to
be serviced by alarm, the name, address and telephone number of
the installer as well as a description of the system and the
location wherein it is proposed to be installed.
(c) The Village Manager shall approve such application if he finds
that:
Ordinance 96-PD-OF-G-577
Amending Chapters 1 and 9 of
the Code of Ordinances,
Page 19
(1) The use of the alarm service in question will not interfere
with the orderly conduct of village business; and
(2) The alarm equipment supplier installing the system maintains
a service organization capable of properly and effectively
repairing, maintaining and otherwise servicing the alarm
system sold or leased by him.
Notwithstanding the above, the Village Manager may impose
reasonable conditions on the issuance and exercise of permits
relating to the ability of the police department to respond to
such alarms based upon the location of the alarm system and access
thereto.
Section 9-38. Inspection.
The police department shall have the right to inspect any alarm system
installed ,pursuant to this article both prior to and subsequent to the
issuance of a permit therefor, at any reasonable time to determine whether a
permit should be issued, or if issued, whether the alarm system is being used
in conformity with the terms of the permit and the provisions of this article.
Section 9-39. Automatic Telephone Dialing Alarm Systems.
No person shall install, maintain or operate any automatic telephone dialing
alarm system except to such telephone numbers as are designated by the permit
issued therefor. Each holder of a permit for an automatic telephone dialing
alarm system shall pay to the Village, on or before July 1 of each year, a
service fee in the amount of fifteen dollars ($15.00) to reimburse the Village
for the cost of providing special telephone lines to receive calls from such
alarm systems and other expenses of operations relating thereto.
Section 9-40. Revocation or Suspension of Permit.
The Village Manager may revoke or suspend any permit issued pursuant to
the provisions of this article, and may cause an alarm user, whose permit is
revoked or suspended, to be disconnected from the authorized alarm panel
located in the Village's communications center, after giving written notice to
the permit holder and an opportunity for the permit holder to be heard, upon a
determination that the alarm system covered by the permit has been installed,
maintained or operated in violation of any of the provisions of the article or
of any term or condition of the permit, or for failure to pay any applicable
service fee or charge.
Section 9-41. False Alarm Service Charge.
An alarm user shall be charged a service charge of fifty dollars ($50.00) for
each false alarm in excess of one (1) in any three month period transmitted by
any alarm system. Such service charge shall be remitted to the Village by the
alarm user upon receipt of the statement for such service charge. This
service charge shall be in addition to any other fee or fine which may be
imposed for violation of this Article.
Ordinance 96-PD-OF-G-577
• Amending Chapters 1 and 9 of
the Code of Ordinances,
Page 20
Section 9-42. Security Service Monitoring Charge.
Each person subscribing to a security service which is monitored by the
Village shall pay a monthly charge of four dollars ($4.00) to the Village.
Said charge may be paid to the agency supplying the monitoring board, provided
that said agency promptly remits the monthly fee to the Village.
Section 9-43. Liability of Village Limited.
The Village assumes no liability for:
(a) Any defects in the operation of an alarm system.
(b) For failure or neglect to respond appropriately upon receipt of an
alarm.
(c) For failure or neglect of any person in connection with the
installation, operation or maintenance of an alarm system.
(d) The transmission of alarm signals, prerecorded alarm messages or
the relaying of such signals and messages.
ARTICLE III. ABANDONED VEHICLES
Section 9-45. Definitions.
For the purposes of this article, the following words and phrases shall have
the meanings ascribed to them in this section.
Abandoned vehicle: All vehicles in a state of disrepair rendering the vehicle
incapable of being driven in its condition; or any vehicles which has not been
moved or used for seven (7) consecutive days or m ore and is apparently
deserted.
Person: any person, firm, partnership, association, corporation, or
organization of any kind.
Property: Any real property within the village which is not a street or
highway.
Vehicle: A machine propelled by power other than human power designed to
travel along the ground by use of wheels, treads, runners, or slides and
transport persons or property or pull machinery and shall include, without
limitation, automobile, truck, trailer, motorcycle, tractor, buggy and wagon.
Section 9-46. Storage of Unlicensed Vehicles.
It shall be unlawful to leave or possess on any open premises in the Village
any trailer, semi-trailer, truck, automobile or major parts thereof, which
vehicle or parts thereof is not currently licensed by the State of Illinois or
other state.
Section 9-47. Disposition of Abandoned Vehicle.
Ordinance 96-PD-OF-G-577
Amending Chapters 1 and 9 of
the Code of Ordinances,
Page 21
No person in charge or control of any property within the village whether as
owner, tenant, occupant, lessee or otherwise, shall allow any abandoned
vehicle to remain on such property longer than seven (7) days. Provided
however that this section shall not apply with regard to a vehicle in an
enclosed building, a vehicle on the premises of a business enterprise operated
in a lawful place and manner, when necessary to the operation of such business
enterprise, or a vehicle in an appropriate storage place or depository
maintained in a lawful place and manner by the village.
Section 9-48. Impounding.
The chief of police or any member of his department designated by him is
hereby authorized to remove or have removed any vehicle left at any place
within the village which reasonably appears to be in violation of this article
or lost, stolen or unclaimed. Such vehicle shall be impounded until lawfully
claimed or disposed of in accordance with 625 ILCS 5/4-201 and 5/4-214.
Secs. 9-49 - 0-60. Reserved.
ARTICLE IV. ANIMALS
Sec. 9-61. Cruelty to animals.
It shall be unlawful for any person to inhumanely or cruelly beat, injure or
otherwise abuse any animal.
Section 9-62. Animal control.
(a) Definitions. For the purposes of this section, the terms herein are
defined as follows:
Animal: Any animal, other than man, which may be affected by rabies.
Approved pound: Any facility for the purpose of impounding or harboring
seized, stray, homeless, abandoned or unwanted animals or any veterinary
hospital or clinic authorized by the village.
At large: Being off the premises of the owner and not under control by
leash or other physical restraints.
Dog: Any member of the domestic canine species.
Leash: A cord, rope, strap or chain which shall be securely fastened to
the collar or harness of a dog or other animal and shall be of
sufficient strength to keep such animal under control.
Owner: Any person having a right of property in an animal or who keeps
or harbors an animal or who has in his care or acts as its custodian or
who knowingly permits a domestic animal to remain on or about any
premises occupied by him.
(b) Running at Large - Prohibited.
Ordinance 96-PD-OF-G-577
Amending Chapters 1 and 9 of
the Code of Ordinances,
Page 22
It shall be unlawful:
(1) For any dog or cat to go upon the lawn or other private property of
anyone but the owner thereof without the express or implied permission
of the owner of said property or of the person in lawful possession
thereof;
(2) For any dog or cat to run at large. For the purposes of this paragraph,
any dog or cat not upon the premises of its owner or such other person
having custody, possession or control over any such dog which is not on
a leash and under the control of a person physically able to control it
shall be deemed to be running at large.
(3) To bring or cause to be brought any dog or cat into any shop, store or
retail place of business wherein the public is invited to do business
during such hours as the public is so invited; or to bring or cause to
be brought into any public building at any time any dog or cat unless
said dog or cat is under a person's control and is brought for the
purpose of conducting business wherein the physical presence of the dog
or cat is required.
(c) Penalty:
(1) General: Any person who violates any of the provisions of this section
shall be subject to a fine of not more than seven hundred fifty dollars
($750.00) for each such violation. Each occurrence of a violation of
this section shall constitute a separate and distinct offense.
(2) Impoundment. Any dog or cat found to be running at large or otherwise
in violation of the provisions of this section and any animal exhibiting
signs of rabies or coming into contact with animals exhibiting signs of
rabies shall be taken up by the police department or other village
personnel and placed and impounded in an approved pound.
(d) Impoundment procedures:
(1) The village shall keep a record of the breed, color and sex of the
animal and name and address of the owners, if known, and subsequent
disposition of the animal coming into its custody.
(2) If the owner of the animal is known, the village shall notify the owner
of the impoundment and the procedure whereby the animal may be redeemed.
The village shall also inform the pound wherein the animal is impounded
of the date that such notification has been given to the animal's owner.
(3) If the identity of the owner becomes known while the animal is
impounded, the village shall at the time give the notification in
accordance with subsection (2) above.
(4) Redemption. In the event that the owner of any impounded animal desires
to make redemption thereof, the owner shall do so on the following
conditions:
Ordinance 96-PD-OF-G-577
Amending Chapters 1 and 9 of
the Code of Ordinances,
Page 23
a. The owner must present proof of current rabies inoculation.
b. The owner shall pay to the village a ten dollar ($10.00)
impounding fee, which shall be in addition to any fine or other
penalty provided under this section and in addition to any costs
of the pound.
c. The owner shall pay to the pound any daily kennel costs and the
cost of any veterinary services provided.
(5) Disposal of unredeemed animals. When an animal is not redeemed by the
owner as provided in subparagraph (4) , the animal shall become the
property of the pound to be disposed of in a humane manner or made
available for adoption according to procedures established by said pound
provided:
a. In any case where the identity of the owner is known or becomes
known, the animal may not be disposed of unless the animal is
unredeemed by the owner within seven (7) days after notice of
impoundment is given.
b. In any case where the identity of the owner is not known, the
animal may be disposed of only if the owner fails to redeem it
within five (5) days of the date of impoundment.
(e) Disturbing the peace. No owner shall keep, harbor, own or otherwise
maintain any animal in the village which disturbs the peace or quiet of
any neighborhood by habitual or regular barking, howling, whining,
meowing or other noisemaking or any female animal in heat which causes
other animals to disturb the peace or quiet of any neighborhood by
barking, howling or whining.
(f) The owner of any dog or cat shall not permit such animal to defecate on
any property other than that of the owner of the animal unless such
owner causes the excrement to be removed immediately and disposed of in
a sanitary manner."
Section 4: That this ordinance shall be in full force and effect from
and after its passage, approval and publication as required by law.
Section 5: That the Village Clerk is hereby authorized and directed to
publish this ordinance in pamphlet form in the manner provided by law.
PASSED THIS 22nd day of October, 1996.
Ayes: Trustees Bartecki, Kenny, McInerney, Payovich, Savino and Shumate
Nays: None
Absent: None
Abstain: None
Ordinance 96-PD-OF-G-577
Amending Chapters 1 and 9 of
the Code of Ordinances,
Page 24
APPROVED THIS 22nd day of October, 1996.
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a9 tillage Pre= dent
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1 ATTEST: °.
illage Cl
Approved as to Form:
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Village Attorney
Published 10-23-96 Pamphlet form
Date Paper
Not Published