G-1164 - 04/28/2020 - POLICE DEPARTMENT - Ordinances ITEM 6.C.6
BOARD OF TRUSTEES MEETING
VILLAGE OF SAMUEL E. DEAN BOARD ROOM
OAK B R� , K BUTLER GOVERNMENT CENTER
t 1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
630-368-5000
AGENDA ITEM
Regular Board of Trustees Meeting
of
April 28, 2020
SUBJECT: Ordinance to Amend sections of the Village Code available for
Administrative Adjudication.
FROM: James R. Kruger Jr., Chief of PoliceQ A,
BUDGET SOURCE/BUDGET IMPACT: None�Q/
RECOMMENDED MOTION: I move that the Village Board approve Ordinance 2020-
PD-OF-G-1164 amending the Oak Brook Village Code allowing for violations to be
satisfied by administrative adjudication.
Backeround/History:
The Police Department has been utilizing local adjudication for the past nine years for
administrative towing,many ordinance violations and petty offenses where allowed. This
has been very successful with curtailing administrative costs of court overtime,court travel,
as well as increased potential fine revenue.
Upon the passage of the Cannabis Regulation and Tax Act, the Police Department was
contacted by several of our hotel operators with concerns over the use of cannabis within
their property. Since the rental of a hotel room could be considered a residence for
purposes of the Act, it was not in the power of the hotelier or the Police Department to
outright prohibit cannabis use. However,the Act left in place the provisions of the Smoke
Free Illinois Act, prohibiting smoking of any kind in a business such as a hotel.
Previously,the Smoke Free Illinois Act was enforced by commercial means rather than by
law enforcement, even though the law does provide for the issuance of a citation by law
enforcement. Since this is a new area for us to address we believed the most expedient
way to enforce the provisions of the Smoke Free Illinois Act, and address the concerns of
the hotel operators, was to bring these violations into local administrative adjudication.
BOT AGENDA Page 1
RG
Working with our Village Prosecutor and Village Attorney, the attached amendment to
allow for enforcement of the Cannabis Regulation and Tax Act as well as the Smoke Free
Illinois Act to be accomplished by local administrative adjudication. The fine structure
would follow our standard minimum fine of$250.
This proposed ordinance would not affect the possession or ingestion of cannabis infused
edibles other than what is specifically prohibited by in the Act.
Recommendation:
Staff recommends that the Village Board approve Ordinance 2020-PD-OF-G-1164.
BOT AGENDA Page 2
THE VILLAGE OF OAK BROOK
COOK AND DUPAGE COUNTIES, ILLINOIS
ORDINANCE
NUMBER 2020-PD-OF-G-1164
AN ORDINANCE AMENDING
TITLE 1 CHAPTER 15 AND TITLE 6 CHAPTER 1 OF
THE VILLAGE OF OAK BROOK
CODE OF ORDINANCES
GOPAL G. LALMALANI, Village President
CHARLOTTE K. PRUSS, Village Clerk
JOHN BAAR
PHILIP CUEVAS
MICHAEL MANZO
MOIN SAIYED
EDWARD TIESENGA
ASIF YUSUF
Village Board
Published in pamphlet form by authority of the
President and the Board of Trustees of the Village of Oak Brook
on this the 28th day of April, 2020
ORDINANCE NO. 2020-PD-OF-G-1164
AN ORDINANCE AMENDING
TITLE 1 CHAPTER 15 AND TITLE 6 CHAPTER 1 OF
THE VILLAGE OF OAK BROOK
CODE OF ORDINANCES
WHEREAS, the Village of Oak Brook(hereinafter referred to as the "Village") is an Illinois
Municipal Corporation organized pursuant to the laws of the State of Illinois;
WHEREAS, the Village has in full force and effect a codified set of ordinances which are
of a general and permanent nature,which said codified set is known and designated as the Village
Code of the Village of Oak Brook, as amended;
WHEREAS, the Village has the authority to adopt ordinances and to promulgate rules and
regulations that pertain to its government and affairs that protect the health, safety and welfare of
its residents;
WHEREAS, in response to the recent adoption by the State of Illinois of Public Act 101-
027, the "Cannabis Regulation and Tax Act", which was adopted on June 25, 2019 and became
effective January 1, 2020,the Corporate Authorities of the Village find that it is in the best interests
of the Village of Oak Brook to amend the provisions of the Oak Brook Village Code relative to the
possession and use of cannabis and drug paraphernalia and related subjects as hereinafter set
forth; and
WHEREAS, the Corporate Authorities of the Village of Oak Brook are of the opinion that
that it is in the best interests of the safety, health and welfare of the residents to amend the
village's code of ordinances as referenced herein.
NOW, THEREFORE, BE IT ORDAINED, in open meeting assembled by the Village
President and Board of Trustees of the Village of Oak Brook, Cook and DuPage Counties, Illinois
as follows:
Section One - Recitals
The Board of Trustees hereby find that all of the recitals hereinbefore stated as contained
in the preamble to this ordinance are full, true and correct and do hereby, by reference,
incorporate and make them part of this ordinance as legislative findings.
Section Two—Amendment to Title 1 Chapter 15
Section 1-15-4, "Violations Subject to Administrative Adjudication", of Title 1, Chapter 15,
of the Oak Brook Village Code, as amended, shall be and is hereby further amended to read as
follows (additions are underlined and ):
1-15-4: VIOLATIONS SUBJECT TO ADMINISTRATIVE ADJUDICATION:
Violations of this Code subject to administrative adjudication under this chapter shall be:
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A. Those set forth in subsection 4-1-23F1 of this Code, "unlawful possession and
consumption by persons underage";
B. Those set forth in sections 6-1-1 through 6-1-18 of this Code;
C. Those set forth in sections 6-2-1 through 6-2-8 of this Code;
D. Those set forth in sections 6-3-1 through 6-3-7 of this Code;
E. Those set forth in sections 7-1-100 through 7-1-1431 of this Code, including the provisions
of the Illinois Vehicle Code, 625 Illinois Compiled Statutes 5/1 et seq., that are adopted
into this Code by reference, for which a court appearance is not required pursuant to
Illinois Supreme Court rule 551, are not classified as traffic violations governing the
movement of vehicles, and are not reportable offenses under section 6-204 of the Illinois
Vehicle Code, 625 Illinois Compiled Statutes 5/6-204;
F. Those set forth in title 4, chapter 2, "Taxicabs", of this Code;
G. Those set forth in title 4, chapter 10, "Limousines", of this Code;
H. Those set forth in title 4, chapter 4, article A, "Commercial Solicitation", of this Code;
I. Those set forth in title 4, chapter 4, article B, "Noncommercial Solicitation", of this Code; and
J. Those set forth in title 4, chapter 6, "Tobacco And Alternative Nicotine Products", of this
Code. (Ord. G-963, 2-14-2012; Ord. G-998, 4-23-2013; Ord. G-1000, 5-28-2013; Ord. G-
1072, 2-9-2016; Ord. G-1127, 3-27-2018)
Section Three —Amendment to Title 6 Chapter 1
Section 6-1-9, "Offenses Relating to Drugs", of Title 6, Chapter 1, "Miscellaneous
Offenses", of the Oak Brook Village Code, as amended, shall be and is hereby further amended
to read as follows (additions are underlined and 81818tieRs aFe rtFiGk8R):
6-1-9: OFFENSES RELATING TO DRUGS:
A. Definitions:
ADULT USE CANNABIS: Cannabis which is sold, purchased, possessed, and used in
compliance with the Cannabis Regulation and Tax Act.
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
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mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of
such plant which is incapable of germination.
CANNABIS REGULATION AND TAX ACT: Illinois Public Act 101-027, as said Act may be
amended from time to time.
COMPASSIONATE USE ACT: The Compassionate Use of Medical Cannabis Pilot Program Act,
Public Act 98-0122 in force beginning January 1, 2014, as said Act may be amended from time
to time (410 ILCS 130).
CONTROLLED SUBSTANCE: Shall have the meaning ascribed to it in the Illinois Controlled
Substances Act, as amended from time to time, as if that definition were incorporated herein.
DELIVER OR DELIVERY: The actual, constructive or attempted transfer of possession, with or
without consideration, regardless of whether there is an agency relationship between the deliverer
and deliveree.
DRUG PARAPHERNALIA: 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
into the human body cannabis or a controlled substance. It includes, but is not limited to:
1. Kits peculiar to and marketed for use in manufacturing, compounding, converting,
producing, processing or preparing cannabis or a controlled substance;
2. Isomerization devices peculiar to and marketed for use in increasing the potency of any
species of plant which is cannabis or a controlled substance;
3. 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;
4. Diluents and adulterants peculiar to and marketing for cutting cannabis or a controlled
substance by private persons;
5. 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:
Air driven pipes;
Bongs;
Carburetion tubes and devices;
Carburetor pipes;
Chillums;
Electric pipes;
Ice pipes or chillers;
Miniature cocaine spoons and cocaine vials;
Smoking and carburetion masks;
Water pipes;
6. Any item whose purpose, as announced or described by the seller, is for use in violation
of this section.
PERSON: Any individual, corporation, government or governmental subdivision or agency,
business trust, estate, trust, partnership or association, or any other entity.
PRODUCT CONTAINING A SYNTHETIC ALTERNATIVE DRUG: Any product containing a
synthetic cannabinoid, stimulant or psychedelic/hallucinogen, as those terms are defined herein.
The following products have been determined to contain a synthetic cannabinoid, stimulant or
psychedelic/hallucinogen, but the list below is not exhaustive and violations of this section
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described in subsection E of this section are not limited to the possession, sale, delivery or use
of products listed herein:
2010
8-Ball
Aztec Gold
Aztec Midnight Wind
Back Draft
Bad 2 the Bone
Banana Cream Nuke
Bayou Blaster
Black Diamond
Black Magic Salvia
Black Mamba
Blueberry Hayze
Bombay Blue
Buzz
C3
C4
Caneff
Cherry Bomb
Chill Out
Chill X
Chronic Spice
Citrus
Colorado Chronic
D-Rail
Da Block
Dark Night II
Demon
Diamond Spirit
Dragon Spice
Dream
Earthquake
Eruption Spice
Euphoria
Ex-SES Platinum
EX-SES Platinum Blueberry
EX-SES Platinum Cherry
EX-SES Platinum Vanilla
Fire Bird Ultimate
Forest Humus
Freedom
Fully Loaded
Funky Monkey
Funky Monkey XXXX
G Four
G Greenies Caramel Crunch
Genie
Gold Spirit Spice
Green Monkey Chronic
Greenies Strawberry
5
Heaven Improved
Heavenscent Suave
Humboldt Gold
Jamaican Gold
K Royal
K1 Gravity
K1 Orbit
K2
K2 (unknown variety)
K2 Amazonian Shelter
K2 Blonde
K2 Blue
K2 Blueberry
K2 Citron
K2 Cloud 9
K2 Kryptonite
K2 Latte
K2 Mint
K2 Orisha Black Magic Max
K2 Orisha Max
K2 Orisha Regular
K2 Orisha Super
K2 Orisha White Magic
K2 Peach
K2 Pina Colada
K2 Pineapple Express
K2 Pink
K2 Pink Panties
K2 Sex
K2 Silver
K2 Solid Sex on the Mountain
K2 Standard
K2 Strawberry
K2 Summit
K2 Summit Coffee Work
K2 Summit Space
K2 Thai Dream
K2 Ultra
K2 Watermelon
K3
K3 Blueberry
K3 Cosmic Blend
K3 Dusk
K3 Grape
K3 Heaven Improved
K3 Heaven Legal
K3 Kryptonite
K3 Legal
K3 Legal - Earth (silver)
K3 Legal - Sea (silver)
K3 Legal - Sun (Black)
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K3 Mango
K3 Original
K3 Original Improved
K3 Strawberry
K3 Sun
K3 Sun Improved
K3 Sun Legal
K3 XXX
K4 Bubble Bubble
K4 Gold
K4 Silver
K4 Summit Remix
Kind Spice
Kryptonite
Legal Eagle
Legal Eagle Apple
Love Potion 69
Love Strawberry
Magic Dragon Platinum
Magic Gold
Magic Silver
Magic Spice
Mega Bomb
Mellon K2
Mid-Atlantic Exemplar
Midnight Chill
MNGB Almond/Vanilla
MNGB Peppermint
MNGB Pinata Colada
MNGB Spear Mint
MNGB Tropical Thunder
Moe Joe Fire
Mojo
Mr. Smiley's
MTN-787
Mystery
Naughty Nights
New Improved K3
New Improved K3 Cosmic
New Improved K3 Dynamite
New K3 Earth
New K3 Heaven
New K3 Sea Improved
New-Kron Bomb
Nitro
Ocean Blue
p.e.p. pourri Love Strawberry
p.e.p. pourri Original Spearmint
p.e.p. pourri Twisted Vanilla
p.e.p. pourri X Blueberry
Paradise
7
Pie K4 Purple Haze
Pineapple
Pink Tiger
Platinum Strawberry
Potpourri
POW
Pulse
Rasta Citrus Spice
Rebel Spice
Red Bird
S1. S Werve
Samurai Spirit
Sativah
Scope Vanilla
Scope Wildberry
Sense
Shanti Spice
Shanti Spice Blueberry
Silent Black
Skunk
Smoke
Smoke Plus
Space
Spice Artie Synergy
Spice Diamond
Spice Gold
Spice Silver
Spice Tropical Synergy
Spicey Regular XXX
Spicey Ultra Strong XXX
Spicey XXX
Spicylicious
Spike 99
Spike 99 Ultra
Spike 99 Ultra Blueberry
Spike 99 Ultra Cherry
Spike 99 Ultra Strawberry
Spike Diamond
Spike Gold
Spike Maxx
Spike Silver
Stinger
Strength Cinnamon
Summer Skyy
Super Kush
Super Summit
Swagger Grape
SYN Chill
SYN Incense LemonLime
SYN Incense Smooth
SYN Incense Spearmint
8
SYN Lemon Lime
SYN Lemon Lime #2
SYN Smooth
SYN Spearmint
SYN Spearmint#2
SYN Suave
SYN Swagg
SYN Vanilla
SYN Vanilla #2
Texas Gold
Tezcatlipoca
Time Warp
Tribal Warrior
Ultra Cloud 10
Unknown cigarette
Utopia
Utopia-Blue Berry
Voo Doo Remix (black)
Voo Doo Remix (orange)
Voodoo Child
Voodoo Magic
Voodoo Remix
Who Dat
Who Dat Herbal Incense
Wicked X
Winter Boost
Wood Stock
XTREME Spice
Yucatan Fire
Yucatan Fire Smoke
Zombie World
SYNTHETIC CANNABINOID: Any laboratory created compound that functions similar to the
active ingredient in marijuana, tetrahydrocannabinol (THC), including, but not limited to, any
quantity of a natural or synthetic material, compound, mixture, preparation, substance and their
analog (including isomers, esters, ethers, salts, and salts of isomers) containing a cannabinoid
receptor agonist, such as:
1. JWH-007 (1-pentyl-2-methyl-3-(I-naphthoyl)indole)
2. JWH-015 ((2-Methyl-I-propyl-IH-indol-3-yl)-I-naphthalenylmethanone)
3. JWH-018 (1-pentyl-3-(I-naphthoyl)indole)
4. JWH-019 (1-hexyl-3-(naphthalen-I-oyl)indole)
5. JWH-073 (naphthalen-1-yl-(1-butylindol-3-yl)methanone)
6. JWH-081 (4-methoxynaphthalen-1-yl-(I-pentylindol-3-yl)methanone)
7. JWH-098 (4-methoxynaphthalen-l-yl-(I-pentyl-2-methylindol-3-yl)methanone)
8. JWH-122 (I-Pentyl-3-(4-methyl-l-naphthoyl)indole)
9. JWH-164 (7-methoxynaphthalen-l-y1-(I-pentylindol-3-yl)methanone
10. JWH-200 (1-(2-morpholin-4-ylethypindol-3-y1)-naphthalen-Iylmethanone)
11. JWH-203 (2-(2-chloropheny1)-I-(I-pentylindol-3-y)thanone
12. JWH-210 (4-ethylnaphthalen-l-y1-(I-pentylindol-3-yl)methanone
13. JWH-250 (1-pentyl-3-(2-methoxyphenylacetypindole)
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14. JWH-251 (1-pentyl-3-(2-methylphenylacetypindole)
15. JWH-398 (1-pentyl-3-(4-chloro-I-naphthoypindole)
16. HU-210((6aR,10aR)-9-(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-y1)-
6a,7,10,10a-tetrahydrobenzo[c]chromen-I-ol)
17. HU-211 ((6aS,10aS)-9-(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-y1)-
6a,7,10,10a-tetrahydrobenzo [c]chromen-I-ol)
18. HU-308 ([(IR,2R,5R)-242,6-dimethoxy-4-(2-methyloctan-2-yl)pheny1]-7,7-dimethyl-4-
bicyclo[3.1.1]hept-3-enyl] methanol)
19. HU-331 ((3-hydroxy-2-[(IR,6R)-3-methyl-6-(1-methylethenyl)-2-cyclohexen-1-yl]-5-
pentyl-2,5-cyclohexadiene-1,4-dione)
20. CP 55,940 (2-[(IR,2R,5R)-5-hydroxy-2-(3-hydroxypropyl)cyclohexyl]-5-(2-methyloctan-2-
yl)phenol)
21. CP 47,497 (2-[(IR,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2yl)phenol) and its
homologues
22. WIN 55,212-2 ((R)-(+)-[2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl) pyrrolo [1,2,3-de)-
1,4-benzoxazin-6-yl]-1-nepthalenylmethanone)
23. RCS-4 ((4-methoxyphenyl)(1-pentyl-1 H-indol-3-yl)methanone)
24. RCS-8(1-(1-(2-cyclohexylethyl)-IH-indol-3-yl)-2-(2-methoxyphenypethanone)
SYNTHETIC PSYCHEDELIC/HALLUCINOGEN: Any compound that mimics the effects of any
federally controlled schedule I substance, including, but not limited to, any quantity of a natural or
synthetic material, compound, mixture, preparation, substance and their analog (including salts,
isomers, esters, ethers and salts of isomers) containing substances which have
apsychedelic/hallucinogenic effect on the central nervous system and/or brain, such as:
1. 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E);
2. 2-(2,5-dimethoxy-4-methylphenyl)ethanamine (2C-D);
3. 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C);
4. 2-(4-lodo-2,5-dimethoxyphenyl)ethanamine (2C-1);
5. 2-(4-(Ethylthio)-2,5-dimethoxyphenyl)ethanamine (2C-T-2);
6. 2-(4-(Isopropylthio)-2,5-dimethoxyphenyl)ethanamine (2C-T-4);
7. 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H);
8. 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N);
9. 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P).
SYNTHETIC STIMULANT: Any compound that mimics the effects of any federally controlled
schedule I substance such as cathinone, methcathinone, MDMA and MDEA, including, but not
limited to, any quantity of a natural or synthetic material, compound, mixture, preparation,
substance and their analog (including salts, isomers, and salts of isomers)containing substances
which have a stimulant effect on the central nervous system, such as:
1. 3-Fluoromethcathinone
2. 4-Fluoromethcathinone (other name: flephedrone)
3. 3,4-Methylenedioxymethcathinone (other name: methylone, MDMC)
4. 3,4-Methylenedioxypyrovalerone (other name: MDPV)
5. 4-Methylmethcathinon (other names: mephedrone, 4-MMC)
6. 4-Methoxymethcathinone (other names: methedrone, bk-PMMA, PMMC)
7. 4-Ethylmethcathinone (other name: 4-EMC)
8. Ethcathinone
9. Beta-keto-N-methylbenzodioxyolylpropylamine (other names: butylone, bk-MBDB)
10. Napthylpyrovalerone (other names: naphyrone, NRG-I)
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11. N,N-dimethylcathinone (other name: metamfepramone)
12. Alpha-pyrrolidinopropiophenone (other name: aipha-PPP)
13. 4-methoxy-alpha-pyrrolidinopropiophenone (other name: MOPPP)
14. 3,4-methylenedioxy-alpha-pyrrolidinopropiophenone (other name: MDPPP)
15. Alpha-pyrrolidinovalerophenone (other name: alpha-PVP)
16. 6,7-kihydro-5H-indeno(5,6-d)- 1,3-dioxal-6-amine) (other name: MDAI)
17. Any compound that is structurally derived from 2-amino-1 -phenyl-I-propanone by
modification or substitution in any of the following ways:
a. In the phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide
substituents, whether or not further substituted in the phenyl ring by one or more
other univalent substituents;
b. At the 3-position with an alkyl substituent;
C. At the nitrogen atom with alkyl, dialkyl, benzyl, or methoxybenzyl groups; or
d. By inclusion of the nitrogen atom in a cyclic structure.
B. Rreka+bities Possession, Use, Delivery, and/or Sale Prohibited:
1. It shall be unlawful for any person to knowingly possess, use, deliver and/or sell, and/or
to attempt to deliver and/or sell cannabis except as allowed by and in compliance with the
Compassionate Use Act and/or except as allowed by and in compliance with the Cannabis
Regulation and Tax Act, and then only if and as allowed by this Section.
2. It is unlawful for a person under 21 years of age to possess, purchase, use, or deliver
cannabis, except in compliance with and as authorized by the Compassionate Use Act.
3. It is unlawful for any parent or guardian, or other person to permit or allow the possession,
purchase use, or delivery of cannabis by their own child or by any other person who is
under 21 years of age on premises owned or under the control of such parent, guardian,
or other person, except in compliance with and as authorized by the Compassionate Use
Act.
4. It is unlawful for any person to remain in any motor vehicle, conveyance, vessel,
hotel/motel room, house, apartment, room, shed, yard, premises, or other area when said
person knows, or reasonably should know, that one or more other persons located in such
motor vehicle, conveyance, vessel, hotel/motel room, house, apartment, room, shed,yard,
premises, or other area are in possession of any cannabis, or any substance containing
cannabis, any controlled substance, and/or any other illegal substance prohibited by
Illinois statute,except as allowed by and in compliance with the Compassionate Use Act
and/or except as allowed by and in compliance with the Cannabis Regulation and Tax Act.
5. It is unlawful for any person to knowingly suffer, permit, or allow the violation of the
provisions of this section in any motor vehicle, conveyance, vessel, hotel/motel room,
house, apartment, room, shed, yard, premises, or other area of which such person is the
owner, manager, lessee, permittee, bailee, legal possessor, or occupier thereof.
6. Pursuant to the authority reserved to municipalities under Section 55-25 of the Cannabis
Regulation and Tax Act, adult-use cannabis businesses (including dispensing
organizations, cultivation centers, craft growers, processing organizations, infuser
organizations, and transporting organizations (collectively, "Adult Use Cannabis
Businesses"), all as defined by the Cannabis Regulation and Tax Act (P.A. 101-0027) or
as said Act may be amended from time to time, and are hereby prohibited from locating
anywhere within or operating anywhere within the corporate limits of the Village, provided,
however, this Section shall not be construed to prohibit the operation of any facility
licensed to operate pursuant to the Compassionate Use of Medical Cannabis Pilot
Program Act (410 ILCS 130/1, et seg.), as may be amended from time to time, that does
not also hold a license to operate pursuant to the Cannabis Regulation and Tax Act, but
only in compliance with the Zoning Ordinance of this Village.
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7. No person shall locate, operate, own, suffer, allow to be operated, or aid, abet, or assist in
the operation of any Adult Use Cannabis Business within the Village.
8. The operation of any Adult Use Cannabis Business within the Village in violation of the
provisions of this Section is hereby declared to be a public nuisance which shall be abated
pursuant to all available remedies.
9. 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, methylcellosolve 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, surgeon, dentist or podiatrist authorized to so direct
or prescribe.
10. Product Containing A Synthetic Alternative Drug: No person shall:
4. a. Knowingly possess a product containing a synthetic alternative drug, including,
without limitation, the products listed in subsection A of this section;
b. Sell, offer for sale or deliver any product containing a synthetic alternative drug,
including, without limitation, the products listed in subsection A of this section;
�3 c. Be under the influence of a product containing a synthetic alternative drug, including,
without limitation, the products listed in subsection A of this section. (Ord. G-971, 5-
22-
C. Prima Facie Proof: Whenever a person is present within any motor vehicle, conveyance,
vessel, hotel/motel room, house, apartment, room, shed, yard, premises, or other area of
which such person is the owner, manager, lessee, permittee, bailee, legal possessor or
occupier at the time that a violation of the provisions of this Section occurs therein, said
presence shall be prima facie evidence that such person had knowledge of such violation.
D. Medical Use of Cannabis: Notwithstanding anything contained in this Village Code to the
contrary, pursuant to the Compassionate Use of Medical Cannabis Pilot Program Act (410
ILCS 130), as it may be amended from time to time ("the Compassionate Use Act'), the
immunities and presumptions set forth in#4e that Act related to the medical use of cannabis
are hereby incorporated herein by reference to the extent applicable.
E. Adult Use of Cannabis: Notwithstanding anything contained in this Village Code to the
contrary, pursuant to the Cannabis Regulation and Tax Act (Public Act 101-027) (the
"Cannabis Regulation and Tax Act'), the immunities and presumptions set forth in that Act
related to limited consumption, use, sale and possession as set forth in the Cannabis
Regulation and Tax Act are hereby incorporated herein by reference to the extent
applicable. In a hotel/motel room, if it is a no-smoking room, no smoking of any kind shall
be allowed, whether it is a tobacco product, or cannabis of any kind.
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F. Drug Paraphernalia: The possession, use or sale of drug paraphernalia is prohibited,
except cannabis paraphernalia that is possessed, owned, and/or used in connection with
the use of cannabis, but only to the extent allowed by and in compliance with the
Compassionate Use Act and/or only to the extent as allowed by and in compliance with the
Cannabis Regulation and Tax Act.
G. Exceptions: A person who is over twenty-one (21) years of age may not possess,
use, purchase, deliver, or attempt to deliver cannabis, except as allowed by and in
compliance with the Compassionate Use Act and/or as allowed by and in compliance with
the Cannabis Regulation and Tax Act."
This Section shall not apply to any items or persons exempt from the Drug Paraphernalia
Control Act, as amended from time to time, and/or except as allowed by and in compliance
with the Compassionate Use Act (410 ILCS 130) and/or except as allowed by and in
compliance with the Cannabis Regulation and Tax Act."
H. Penalties:
1. Any person who possesses and/or keeps for sale,offers for sale, sells, and/or delivers,
and/or attempts to sell and/or deliver any item of drug paraphernalia, except as
allowed by and in compliance with the Compassionate Use Act and/or except as
allowed by and in compliance with the Cannabis Regulation and Tax Act, commits a
violation of this section, for which a minimum mandatory fine of two hundred fifty
dollars ($250.00) shall be imposed and shall be applicable. The fine imposed shall not
exceed the general penalty in section 1-3-1 of this code for each violation. Each day
on which a violation continues shall constitute a separate violation.
2. Any store, place, or premises from which or in which any item of drug paraphernalia
is kept for sale, offered for sale, sold, or delivered for any commercial consideration is
declared to be a public nuisance, except as allowed by and in compliance with the
Compassionate Use Act and/or except as allowed by and incompliance with the
Cannabis Regulation and Tax Act.
I. Forfeiture: All drug paraphernalia is subject to forfeiture as provided in the Illinois Drug
Paraphernalia Control Act, as amended from time to time, except as provided in the
Compassionate Use (410 ILCS 130) and/or except as allowed by and in compliance with
the Cannabis Regulation and Tax Act.
J. Intent: This Section is intended to be used solely for the suppression of the commercial traffic
in or possession of items that, within the context of the sale or offering for sale, or
possession, are for the illegal and unlawful use of cannabis or controlled substances. To
this end, all reasonable and common-sense inferences shall be drawn in favor of the
legitimacy of any transaction or item.
Section Four— Codification
The title, chapter(s) and section(s) adopted by this Ordinance shall be numbered and
placed in an appropriate title, chapter(s), and sections(s) sections when and during the
codification of the Oak Brook Municipal Code.
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Section Five - Penalty
This Ordinance shall not affect any punishment, discipline, infraction, or penalty or any
action based on any other Ordinance of this Village incurred before the effective date of this
Ordinance, nor any suit, prosecution or proceeding pending at the time of the effective date of
this Ordinance, for an offense or violation committed or cause of action arising before this
Ordinance, and said other ordinances as heretofore existing shall continue in full force and effect
for said limited purpose.
Section Six - Conflict Clause
That all ordinances, parts of ordinances or board actions in conflict with the terms of this
ordinance shall be repealed to the extent of said conflict.
Section Seven - Passage Clause
That this ordinance shall take full force and effect from and after its passage, approval and
publication as provided by law.
Section Eight- Constitutionality Clause
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this
ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective
by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness
of the remaining portions of this ordinance, or any part thereof. The Board of Trustees hereby
declares that it would have passed each section, subsection, subdivision, paragraph, sentence,
clause or phrase thereof irrespective of the fact that any one or more sections, subsections,
subdivision, paragraphs, sentences, clauses or phrases be declared unconstitutional, invalid or
ineffective.
Section Nine - Publication
This ordinance shall be published in book or pamphlet form as provided by the Illinois
Municipal Code.
Section Ten - Recording
This ordinance shall be entered into the minutes and upon the journals of the Board of
Trustees of the Village of Oak Brook.
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APPROVED THIS 28th day of April, 2020
Gopal G. Lalmalani
Village President
PASSED THIS 28th day of April, 2029
Ayes: Trustees Baar, Cuevas, Manzo, Saiyed, Tiesenga, Yusuf
Nays: None
Absent: None
ATTEST: �QG�d F 04.E
Charlotte K. Pruss
Village Clerk 1 c r c-V
9c�C�UNTY
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