CHAPTER 27 - OFFENSES
By Marilyn A. Herbeck
Apr 7, 2005, 08:07

CHAPTER 27

OFFENSES

ARTICLE I - DEFINITIONS


27-1-1 MEANINGS OF WORDS AND PHRASES. For the purpose of this Chapter the words and phrases of the Illinois Compiled Statutes, Chapter 720, Sections 2-1 through 2-11; 2-13 through 2-16; 2-19 and 2-20, as approved, adopted and amended are hereby adopted by the City, as fully as if set out herein. (See 65 ILCS Sec. 5/1-3-2)


27-1-2 CRIMINAL CODE ADOPTED. The Illinois Criminal Code, Illinois Compiled Statutes, Chapter 720, as passed, approved and amended by the Illinois General Assembly is hereby adopted by the City; the provisions thereof shall be controlling within the corporate limits of the City; provided, however, the penalties as provided by this Code shall apply. (See 65 ILCS Sec. 5/1-3-2 and 5/11-1-1)




ARTICLE II - GENERALLY


27-2-1 DISTURBING THE PEACE. No person shall disturb the good order of society, or the peace of any private family, or of any congregation within the City by any noise or amusement, or by vulgar or profane language, or by any disorderly or immoral conduct. (See 65 ILCS Sec. 5/11-5-2)


27-2-2 BARBED WIRE AND ELECTRIC FENCES. It shall be unlawful for any person to erect or maintain any electrically-charged fence or barbed wire or other such sharp, pointed fence below eight feet (8') in height, except in an agricultural or conservation zone district.


27-2-3 ADMISSION FEES: FRAUDULENTLY AVOIDING PAYMENT OF. It shall be unlawful for any person to fraudulently enter, without payment of the proper admission fee, any theater, ballroom, lecture, concert or other place where admission fees are charged; provided, however, that nothing herein contained shall be deemed to prohibit or restrict the free admission of police officers engaged in the performance of police duties to any place of public entertainment or amusement.
 27-2-4 POSTING BILLS. It shall be unlawful for any person to paste, post, paint, print or nail any handbill, sign, poster, advertisement, or notice of any kind on any curbstone, flagstone, or any other portion or part of any sidewalk, or upon any tree, lamppost, utility pole, hydrant, or upon any private wall, door, or gate without the consent, in writing, of the owner of the wall, door or gate.


27-2-5 INTOXICATION IN PUBLIC. No person shall, in the City, be found in a state of intoxication or drunk in any street or other public place, or shall be found drunk lying or roving about the streets, alleys, or sidewalks of this City or the private grounds of any of the inhabitants thereof, or being drunk as aforesaid, shall disturb the peace, order and quiet of the City, or the peace and quiet of the citizens thereof by loud and unusual noises, disorderly conduct, indecent language or behavior or in any other manner. (See 65 ILCS Sec. 5/11-5-3)


27-2-6 CONCEALED WEAPONS. No person shall, within the City, carry or wear under his clothes, or concealed about his person, any pistol or revolver, or sling-shot, or cross knuckles or knuckles of lead, brass or other metal, or any switchblade knife or razor, bowie knife, dirk knife or dirk, dagger or any other dangerous or deadly weapon. This Section does not apply to the officers or members of the Police Department, nor to any sheriff or deputy sheriff or constable of this State, nor to any United States Marshal.


27-2-7 DISCHARGE OF FIREARMS OR BOW AND ARROW. It shall be unlawful to discharge any firearm, bow and arrow or air gun in the City or so that the bullet, arrow, missile or projectile that this Section shall not be construed to prohibit any officer of the law to discharge a firearm in the performance of his duty; nor to any citizen to discharge a firearm when lawfully defending his personal property.


27-2-8 STORAGE OF EXPLOSIVES.
(A) Nitroglycerine; Dynamite, Etc. No person shall have, keep, possess, or store at or in any place within the City, any nitroglycerine, dynamite or giant powder, or any form or combination of any of them.
(B) Blasting Powder, Etc. No person shall keep, possess or store any gun or blasting powder or any gun or explosive cotton at or in any one place in the City in any quantity exceeding five (5) pounds. (See 65 ILCS Sec. 5/11-8-4)


27-2-9 ABANDONED REFRIGERATORS OR ICEBOXES. It shall be unlawful for any person to abandon or discard in any place accessible to children any refrigerator, icebox or ice chest, of a capacity of one and one-half (1 1/2) cubic feet or more, which has an attached lid or door which may be opened or fastened shut by means of an attached latch. The owner, lessee, or manager of such place, who knowingly permits such abandoned or discarded refrigerator, icebox or ice chest to remain there in such condition, shall be guilty of violating this Code. (See 720 ILCS Sec. 505/1)


27-2-10 CURFEW HOURS FOR MINORS.
(A) Definitions. Whenever used in this Section.
(1) “Curfew hours” means:
(a) 11:00 P.M. on any Sunday, Monday, Tuesday, Wednesday, or Thursday until 6:00 A.M. of the following day; and
(b) 12:01 A.M. until 6:00 A.M. on Saturday; and
(c) 12:01 A.M. until 6:00 A.M. on Sunday.
(2) “Emergency” means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
(3) “Establishment” means any privately-owned place of business operated for a profit to which the public is invited, including but not limited to, any place of amusement or entertainment.
(4) “Guardian” means:
(a) A person who, under court order, is the guardian of the person of a minor; or
(b) A public or private agency with whom a minor has been placed by a court.
(5) “Minor” means any person under eighteen (18) years of age.
(6) “Operator” means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.
(7) “Parent” means a person who is:
(a) A natural parent, adoptive parent, or stepparent of another person; or
(b) At least twenty-one (21) years of age and authorized by a parent or guardian to have the care and custody of a minor.
(8) “Public Place” means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.
(9) “Remain” means to:
(a) linger or stay; or
(b) fail to leave premises when requested to do so by a police officer or the owner, operator or other person in control of the premises.
(10) “Serious bodily injury” means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
(B) Offenses.
(1) A minor commits an offense if he remains in any public place or on the premises of any establishment within the City during curfew hours.
(2) A parent or guardian of a minor commits an offense if he knowingly permits, or by insufficient control allows, the minor to remain in any public place or on the premises of any establishment within the City during curfew hours.
(3) The owner, operator or any employee of an establishment commits an offense if he knowingly allows a minor to remain upon the premises of the establishment during curfew hours.
(C) Defenses.
(1) It is a defense to prosecution under subsection (B) that the minor was:
(a) Accompanied by the minor’s parent or guardian;
(b) On an errand at the direction of the minor’s parent or guardian, without any detour or stop;
(c) In a motor vehicle involved in interstate travel;
(d) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
(e) Involved in an emergency;
(f) On the sidewalk abutting the minor’s residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor’s presence;
(g) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the City, a civil organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the City, a civic organization or another similar entity that takes responsibility for the minor;
(h) Exercising First Amendment rights protected by the United States Constitution, such as the free exercise or religion, freedom of speech, and the right of assembly; or
(i) Married or had been married or is an emancipated minor under the Emancipation or Mature Minors Act, as amended.
(2) It is a defense to prosecution under subsection (B)(3) that the owner, operator, or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave.
(D) Enforcement. Before taking any enforcement action under this Section, a police officer shall ask the apparent offender’s age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this Section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in subsection (C) is present.
(E) Penalties. A person who violates a provision of this Section is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine not to exceed Seven Hundred Fifty Dollars ($750.00). (Ord. No. 1254; 09-13-04)


27-2-11 THEFT OF RECYCLABLES UNLAWFUL. It shall be unlawful for any person to collect, obtain, possess or pickup any recyclable item(s) from any receptacle or collection point where service is provided by an authorized waste hauler licensed by the municipality or from any specified recycling center within the City limits unless said person is acting as an agent for the City or acting as an agent for a waste hauler licensed by the City.
ARTICLE III

PUBLIC HEALTH, SAFETY AND DECENCY


27-3-1 DISORDERLY CONDUCT; ELEMENTS OF THE OFFENSE. A person commits disorderly conduct when he knowingly:
(A) does any act in such an unreasonable manner as to alarm or disturb another and to provoke a breach of the peace; or
(B) transmits 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 such fire exists; or
(C) transmits in any manner to another a false alarm to the effect that a bomb or other explosive device of any nature is concealed in such a place that its explosion would endanger human life, knowing at the time of such transmission that there is no reasonable ground for believing that such bomb or explosive device is concealed in such a place; or
(D) transmits in any manner to any peace officer, public officer or public employee a report to the effect that an offense has been committed, knowing at the time of such transmission that there is no reasonable ground for believing that such an offense has been committed; or
(E) 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;
(F) while acting as a collection agency as defined in the “Collection Agency Act” 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; or
(G) transmits a false report to the Department of Children and Family Services.
(See 720 ILCS Sec. 5/25-1)


27-3-2 LOITERING.
(A) Definitions. For purposes of this Code, the following words shall have the meanings ascribed to them as follows:
(1) “Loitering” shall mean and shall include the following activity: Remaining idle in essentially one location and spending time idly in connection therewith; to linger; to stay; to saunter; to delay; to stand around; and shall also include the colloquial expression ‘hanging around’, moving slowly about; sleeping in motor vehicles or trailers located on public property; sleeping on streets or sidewalks, alleys, public ways, parks or other public property.

(2) “Public Place” shall mean and include, but not be limited to, the following: All places commonly known as being distinctively public, such as: public streets, public restrooms, sidewalks, parks, municipal airports, alleys, and buildings; all places privately owned but open to the public generally, such as: shopping centers, transportation terminals, retail stores, movie theaters, office buildings, and restaurants.
(3) “Surrounding Area” shall be defined as that area easily and immediately accessible to the person under observation.
(B) Determination of Probable Cause for Alarm or Concern and Prohibited Actions. Without limitation, the following activities and circumstances may be considered in determining probable cause for alarm or concern, and otherwise constitute prohibited actions for purposes of this law.
(1) The flight of a person upon the appearance of a police officer;
(2) Attempted concealment by a person of himself or an object upon the appearance of a police officer;
(3) Refusal to provide valid and current identification to a police officer upon request for same;
(4) The systematic checking by a person of doors, windows, or other means of access to buildings, houses or vehicles;
(5) Continuous presence by a person in close proximity to any building, house, vehicle, or any other property or to any other person, at any time when the activity of such person manifests possible unlawful activity, such continuous presence being for an unreasonable period of time under the circumstances then existing;
(6) The sleeping or living by a person in any motor vehicle or trailer, located on any public street, public highway, public sidewalk, or public alley or way, or any other public place or building, park, or other public property;
(7) Repeatedly beckoning to, stopping, or attempting to stop passers-by, or repeatedly attempting to engage passers-by in conversation;
(8) Repeatedly stopping or attempting to stop motor vehicles, or beckoning to or yelling at or otherwise attempting to converse with individuals driving motor vehicles or bicycles upon public roadways;
(9) Interfering with or otherwise obstructing the free passage of and access to public places by members of the public, owners, or employees, or to impede them from conducting business;

(10) Engaging in behavior that raises a reasonable suspicion that he or she is about to engage in or is engaged in an unlawful drug-related activity;
(11) Passing to or receiving from passers-by, whether on foot or in a vehicle, or by courier, money or other objects of value;
(12) Engaging in behavior or activities that otherwise constitutes prohibited actions under Illinois law or the Revised Code of the City of Staunton, Illinois, including specifically, but not limited to, disorderly conduct and trespassing.
(C) Loitering; Police Order to Disperse.
(1) It shall be unlawful for any person to loiter, either alone and/or in consort with others, in a public place, where such loitering is accompanied by activity or is under circumstances that afford probable cause for alarm or concern for the safety and well-being of persons, or for the security of property in the surrounding area.
(2) It shall be unlawful for any person to loiter, either alone and/or in consort with others, in a public place in such a manner so as to obstruct any public street, public highway, public sidewalk, or public alley or way, or any other public place or building, by hindering or impeding, or tending to hinder or impede, the potential for, or the actual free and uninterrupted passage of vehicles, traffic, or pedestrians.
(3) It shall be unlawful for any person to loiter, either along and/or in consort with others, in a public place in such a manner so as to commit in or upon any public street, public highway, public sidewalk, alley, or public way or any other public place or building, any act or thing which is an obstruction or interference to the free and uninterrupted use of property, or with any business lawfully conducted by anyone in or upon, or facing or fronting on any such public street, public highway, public sidewalk, alley, or public way, or any other public place or building, all of which prevents the free and uninterrupted ingress, egress, or regress therein, thereof, and thereto, and no person shall, by his presence or by other means, either alone or in consort with others, interfere with or interrupt the conduct of business in the offices located in such buildings.
(4) When any person causes or commits any of the conditions enumerated in subsection (C)(1) herein, a police officer or any law enforcement officer shall order that person to stop causing or committing such conditions and to move on or disperse. Any person who refuses or fails to do so shall be
guilty of a violation of this Section for the underlying violation, and shall also be guilty of failure to obey a lawful command.
(D) Penalty. Any person who violates any of the provisions of this Section shall be subject to a fine not less than One Hundred Dollars ($100.00) nor to exceed Seven Hundred Fifty Dollars ($750.00). Any such violation shall constitute a separate offense on each successive day continued.
(Ord. No. 1296; 08-22-05)

ARTICLE IV – TOBACCO


27-4-1 SALE OF TOBACCO BY MINOR. It shall be unlawful for any person, firm or corporation to sell, buy for, furnish, exchange, or give away any cigarettes, cigar, tobacco in any form to children under the age if eighteen (18) years.


27-4-2 POSSESSION OF TOBACCO BY MINORS. No minor under eighteen (18) years of age shall have in his or her possession any cigar or cigarette in any of its forms. It shall not be in violation of this Article for any person under eighteen (18) years of age to possess tobacco while in the presence of his or her parent or guardian, or in the performance of a religious ceremony, or while participating in a theatrical performance.


27-4-3 REGULATION OF SMOKING AND TOBACCO CHEWING IN THE CITY. No person shall smoke or chew tobacco in any City building, except where designated.
(A) Definitions. As used in this Article, the following words have the following meanings:
(1) Smoke. To light, emit, or exhale the smoke of a pipe, cigar, cigarette or any other tobacco product.
(2) City Building. Any structure built for the support, shelter or enclosure of persons, animals, chattel, or property of any kind and which is permanently affixed to the ground and which is owned by the City of Staunton.
Any person using a cigarette in violation of this Article shall immediately cease and desist upon the request of any Police Officer, or City employee in charge of the building involved.


27-4-4 PENALTY. Any person or parent of any minor who violates this Article is guilty of a petty offense and for the first offense shall be fined not to exceed Seventy-Five Dollars ($75.00), and for a second or any subsequent offense shall be guilty of a petty offense and fined not to exceed One Hundred Dollars ($100.00).

(Ord. No. 1150; 06-28-99)

ARTICLE V - ANTI-LITTER


27-5-1 DEFINITIONS. For the purpose of this Article, the following terms, phrases, words, and their derivations shall have the meanings given herein:

“AIRCRAFT” is any contrivance now known or hereafter invented, used, or designed for navigation or for flight in the air. The word "aircraft" shall include helicopters and lighter-than-air powered craft and balloons.

“AUTHORIZED PRIVATE RECEPTACLE” is a container of water-tight construction with a tight-fitting lid or cover capable of preventing the escape of contents within. Such receptacles shall have handles or other means for safe and convenient handling and be of such size or sufficient capacity to hold all litter generated between collection periods and shall be in compliance with the regulations promulgated.

“CONSTRUCTION SITES” means any private or public property upon which repairs to existing buildings, construction of new buildings or demolition of existing structures is taking place.

“HANDBILL” is any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed matter of literature which is not delivered by the United States Mail Service, including, but not limited to those which:
(A) advertise for sale any merchandise, product, commodity or thing; or
(B) direct attention to any business or mercantile or commercial establishment, or other activity for the purpose of either directly or indirectly promoting the interest thereof by sales; or
(C) direct attention to or advertise any meeting, theatrical performance, exhibition, or event of any kind for which an admission fee is charged for the purpose of private gain or profit.

“LITTER” is garbage, refuse and rubbish and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.

“LOADING AND UNLOADING DOCK” means any dock space or area used by any moving vehicle for the purpose of receiving, shipping and transporting goods, wares, commodities and persons located on or adjacent to any stream, river or land.

“PRIVATE PREMISES” means all property including, but not limited to, vacant land or any land, building or other structure designed or used for residential, commercial, business, industrial, institutional or religious purposes, together with any yard, grounds,
walk, driveway, fence, porch, steps, vestibule, mailbox, and other structure(s) appurtenant thereto.

“PUBLIC PLACE” means any and all streets, sidewalks, boulevards, alleys or other public ways, lakes, rivers, watercourses, or fountains and any and all public parks, squares, spaces, grounds, and buildings.

“PUBLIC RECEPTACLES” means any receptacles provided by or authorized by the City.

“VEHICLE” is every device in, upon or by which any person or property is or may be transported or drawn upon land or water, including devices used exclusively upon stationary rails or tracks.


27-5-2 LITTERING PROHIBITED. No person shall deposit any litter within the City except in public receptacles, in authorized private receptacles for collection, or in any duly licensed disposal facility.


27-5-3 PREVENTION OF SCATTERING. Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent litter from being carried or deposited by the elements upon any public place or private premises.


27-5-4 RECEPTACLES - UPSETTING OR TAMPERING. No person shall upset or tamper with a public or private receptacle designed or used for the deposit of litter or cause or permit its contents to be deposited or strewn in or upon any public place or private premises.


27-5-5 SIDEWALKS AND ALLEYS FREE FROM LITTER. Persons owning, occupying or in control of any public place or private premises shall keep the sidewalks and alleys adjacent thereto free of litter.


27-5-6 OWNER TO MAINTAIN PRIVATE PREMISES.
(A) The owner or person in control of any private premises shall, at all times, maintain the premises free of litter.
(B) The owner or person in control of private premises shall, if public receptacles are unavailable, maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any public place or private premises.

27-5-7 LITTERING FROM VEHICLES.
(A) No person, while the operator of or passenger in a vehicle, shall deposit litter upon any public place or private premises.
(B) No person shall drive or move any loaded or partly loaded truck or other vehicle within the City unless such vehicle is so constructed or so loaded as to prevent any part of its load, contents or litter from being blown or deposited upon any public place or private premises. Nor shall any person drive or move any vehicle or truck within the City, the wheels or tires of which carry onto or deposit in any public place or private premises, mud, dirt, sticky substances, litter or foreign matter of any kind.


27-5-8 LITTERING FROM AIRCRAFT. No person in an aircraft shall throw out, drop or deposit any litter within the City.


27-5-9 LITTER IN PARKS. No person shall deposit litter in any park within the City except in receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any other public place or private premises. Where receptacles are not provided, all such litter shall be removed from the park by the person responsible for its presence and properly disposed of elsewhere in a lawful manner.


27-5-10 HANDBILLS.
(A) Public Places. No person shall deposit or sell any handbill in or upon any public place, provided, however, that it shall not be unlawful on any public place for any person to hand out or distribute without charge to the receiver, any handbill to any person willing to accept it.
(B) Private Premises. No person shall deposit or unlawfully distribute any handbill in or upon private premises or vehicles, except by handing or transmitting any such handbill directly to the occupant of such private premises. Provided, however, that in case of private premises or vehicles which are not posted against the receiving of handbills or similar material, such person, unless requested by anyone upon such premises not to do so, may securely place any such handbill in such a manner as to prevent such handbill from being deposited by the elements upon any public place or other private premises, except mailboxes, may not be so used when prohibited by federal postal law or regulations.
(C) Exemptions for Newspapers and Political Literature. The provisions of this Section shall not apply to the distribution upon private premises only of newspapers or political literature; except that newspapers and political literature shall be placed in such a manner as to prevent their being carried or deposited by the elements upon any public place or other private premises.

(D) Placing Handbills on Vehicles. No person shall deposit any handbill in or upon any vehicle unless the occupant of the vehicle is willing to accept it.
(E) Cleanup. It shall be the responsibility of any person distributing handbills to maintain the area which they are utilizing free of any litter caused by or related to said handbill distribution.


27-5-11 POSTING NOTICES PROHIBITED. No person shall post or affix any notice, poster, or other paper or device, calculated to attract the attention of the public upon any public place, except as may be authorized or required by law. No person, except the owner or tenant shall post any such notice on private property without the permission of the owner or tenant.


27-5-12 CONSTRUCTION SITES.
(A) Each contractor shall be responsible for the job site so that litter will be prevented from being carried or deposited by the elements upon any public place or other private premises.
(B) Litter or other debris, including dirt and mud, deposited as the result of normal construction process upon any public place or private premises, shall be removed by the contractor.


27-5-13 LOADING AND UNLOADING DOCKS. The person owning, operating, or in control of a loading or unloading dock shall maintain private receptacles for collection of litter, and shall, at all times, maintain the dock area free of litter in such a manner that litter will be prevented from being carried or deposited by the elements upon any public place or other private premises.


27-5-14 PARKING LOTS.
(A) Litter Receptacles Required. Any public place or private premises containing any provision for parking vehicles shall be equipped with litter receptacles in compliance with this Section. Such premises shall include, but not be limited to such places as shopping centers, outdoor theaters, drive-in restaurants, gasoline service stations, apartment developments, parking lots, and any other place where provision is made for vehicles to stop or park in a designated area for any purpose.
(B) Number of Receptacles. All premises having parking lots shall provide in an easily accessible location a minimum of one (1) refuse container for every fifty (50) parking spaces.
(C) Specifications. Litter receptacles shall have tight-fitting lids or tops and shall be weighted or attached to the ground or other fixed structures as
necessary to prevent spillage. A minimum container size of twenty (20) gallons or 75.7 liters shall be used.
(D) Cleanliness. Premises used for the purpose designated herein shall be kept in a litter-free condition and all litter shall be removed periodically from the receptacles.
(E) Obligation to Use Receptacles. It shall be the duty and obligation of all persons using parking areas to use such litter receptacles as hereinabove provided for the purposes intended and it shall be unlawful for any person or persons to deposit any litter upon any such parking lot.


27-5-15 CLEARING OF LITTER FROM PRIVATE PROPERTY BY THE CITY. The procedure for the removal of litter from private premises and the charging of expense(s) thereof as a lien upon such property to be collected shall be in accordance with the State statutes. The Mayor or his designated representative shall be responsible for the implementation of this enforcement program.

(See 65 ILCS Sec. 5/11-1-1 and 415 ILCS Sec. 105/1 et seq.)

(Ord. No. 1302; 10-10-05)


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