Code of Ordinances
of Union County, Illinois.
Ordinance Chapter: Chapter 26 - Offenses [26-1]
(A) Definitions. The following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
- Synthetic Cannabis includes the brand namesK2 and Spice. It is an herbal and chemical product which mimics the effects of Cannabis, including but not limited to synthetic cannabinoids, cannabicyclohexanol, JWH-018, JWH-073 and HU-210.
- Deliver or Delivery. Actual, constructive or attempted transfer of possession of synthetic cannabis, with or without consideration, whether or not there is an agency relationship.
- Knowledge. Knows, acts knowingly or with knowledge:
- the nature or attendant circumstances of his/her conduct, described by the section defining the offense, when he/she is consciously aware that his/her conduct is of such nature or that such circumstances exist, Knowledge of a material fact includes awareness of the substantial probability that such fact exists.
- the result of his/her conduct, described by the section defining the offense, when he/she is consciously aware that such result is likely to be caused by his/her conduct.
- knowledge may be inferred from the surrounding circumstances.
- Manufacture. The production, preparation, propagation, compounding, conversion or processing of synthetic cannabis, either directly or indirectly, by extraction from substances of natural origin, or independently by means of chemical synthesis, and includes any packaging or repackaging of synthetic cannabis or labeling of its container, except that this term does not include the preparation, compounding, packaging or labeling of synthetic cannabis as an incident to lawful research, teaching or chemical analysis and not for sale.
- Person. Any individual, corporation, business trust, estate, trust, partnership or association, or any other entity.
- Possession. Possession may be either actual or constructive.
- actual possession means exercising physical dominion.
- constructive possession may be inferred if the defendant has intent and capacity to maintain control and dominion over the cannabis or drug paraphernalia.
- Produce or Production. Planting, cultivating, tending or harvesting.
(B) Possession of Synthetic Cannabis Prohibited.
- Violation. No person shall possess any substance containing synthetic cannabis.
- Penalty. Any person who pleads guilty or is found guilty by a court of law shall be punished by a minimum fine of not less than Two Hundred Fifty Dollars ($250.00) and no more than Seven Hundred Fifty Dollars ($750.00).
- Administrative Fee. In addition, any person who violates any provision of this Section and is convicted, pleads guilty, receives court supervision or probation by a court of law shall be ordered to pay an administrative fee of One Hundred Dollars ($100.00) to be paid to the law enforcement agency for testing of the substance(s) collected.
- Forfeiture. Any items which may be seized or forfeited pursuant to 720 ILCS 550/12, may be
- Exception. Any person who manufactures, distributes, dispenses, or is in possession of any controlled substance or synthetic cannabis for research purposes pursuant to 720 ILCS 550/11, as hereafter amended, shall be exempt from the provisions of this Section.
(A) Definitions. The following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
- Synthetic Cocaine, “Bath Salts” or Substances Containing Cocaine includes but not limited to the names, MDPK, Magic, Super Coke, PV, Ivory Wave, Ocean, Cloud Nine, Charge Plus, White lightning, Scarface, Hurricane, Charlie Red Dove and White Dove. It is an herbal and chemical product which mimics the effects of Cocaine, including but not limited to Methylenedioxypyrovalerone, (a psychoactive drug), or cathinone derivatives.
- Deliver or Delivery. Actual, constructive or attempted transfer of possession of synthetic cocaine or substance containing cocaine, with or without consideration, whether or not there is an agency relationship.
- Knowledge. Knows, acts knowingly or with knowledge:
- the nature or attendant circumstances of his/her conduct described by the section defining the offense, when he/she is consciously aware that his/her conduct is of such nature or that such circumstances exist, Knowledge of a material fact includes awareness of the substantial probability that such fact exists.
- the result of his/her conduct, described by the section defining the offense, when he/she is consciously aware that such result is likely to be caused by his/her conduct.
- knowledge may be inferred from the surrounding circumstances.
- “Bath salts” a substance that contains methylenedioxypyrovalerone (MDPV) or contains a norepinephrine-dopamine reuptake inhibitor (NDRI).
- Manufacture. The production, preparation, propagation, compounding, conversion or processing of synthetic cocaine or a substance containing cocaine, either directly or indirectly, by extraction from substances of natural origin, or independently by means of chemical synthesis, and includes any packaging or repackaging of synthetic cocaine or a substance containing cocaine or labeling of its container, except that this term does not include the preparation, compounding, packaging or labeling of synthetic cocaine as an incident to lawful research, teaching or chemical analysis and not for sale.
- Person. Any individual, corporation, business trust, estate, trust, partnership or association, or any other entity.
- Possession. Possession may be either actual or constructive.
- actual possession means exercising physical dominion.
- constructive possession may be inferred if the defendant has intent and capacity to maintain control and dominion over the cocaine or substance containing cocaine or drug paraphernalia.
(B) Possession of Synthetic Cocaine or Substance Containing Cocaine or “Bath Salts” Prohibited.
- Violation. No person shall possess any substance containing synthetic cocaine or a substance containing cocaine.
- Penalty. Any person who pleads guilty or is found guilty by a court of law shall be punished by a minimum fine of not less than Two Hundred Fifty Dollars ($250.00) and no more than Seven Hundred Fifty Dollars ($750.00).
- Administrative Fee. In addition, any person who violates any provision of this Section and is convicted, pleads guilty, receives court supervision or probation by a court of law shall be ordered to pay an administrative fee of One Hundred Dollars ($100.00) to be paid to the law enforcement agency for testing of the substance(s) collected.
- Forfeiture. Any items which may be seized or forfeited pursuant to 720 ILCS 550/12, may be forfeited in the same manner as described therein for a violation of this Section.
- Exception. Any person who manufactures, distributes, dispenses, or is in possession of any controlled substance or synthetic cocaine for research purposes shall be exempt from the provisions of this Section.
(A) Any person who smokes in an area where smoking is prohibited under the provisions of this Article shall be guilty of an offense punishable by:
(1) A fine of not less than Twenty-Five Dollars ($25.00) for a first violation.
(2) A fine of not less than Fifty Dollars ($50.00) for a second violation.
(3) A fine of not less than One Hundred Dollars ($100.00) and not more than Five Hundred Dollars ($500.00) for a third and subsequent violation(s).
(B) Any person who owns, manages, operates or otherwise controls a public place, a place of employment or an open air dining area that permits smoking in an area where smoking is prohibited under the provisions of this Article, shall be guilty of an offense punishable by a fine of (i) not less than One Hundred Dollars ($100.00) for the first violation, (ii) not less than Two Hundred Fifty Dollars ($250.00) for the second violations, and (iii) not less than Five Hundred Dollars ($500.00) for each additional violation thereafter, unless said additional violation has
occurred within one (1) year after the first violation, in which case the minimum fine shall be not less than One Thousand Dollars ($1,000.00). The maximum amount of fine to be levied herein shall not exceed Two Thousand Five Hundred Dollars ($2,500.00) for each violation.
(C) Each day that any violation of this Article shall continue shall constitute a separate offense.
The prohibition on smoking set forth in Section 6–35 and 6–37 shall not apply to a public place or place of employment of a tobacco dealer that permits customers to sample tobacco products on the premises of the tobacco dealer, provided that smoke generated by smoking on the premises of the tobacco dealer does not infiltrate any other enclosed public place or place of employment. For purposes of this exemption, a tobacco dealer is a retailer whose principal business is the sale at retail of tobacco and tobacco-related products.
(A) Each owner, lessor, lessee, employer, or other person in control of a public place shall post conspicuous “No Smoking” signs in the enclosed area of any public place where smoking is prohibited. Such “No Smoking” signs shall have a white field with the words “No Smoking” printed in red letters, four (4) inches high with a one-half (1/2) inch face, or shall bear the international “No Smoking” symbol, which consists of a pictorial representation of a cigarette enclosed in a circle with a bar across it. It shall be unlawful for any person to remove, deface or obscure any sign posted pursuant to the provisions of this Article.
(B) Each owner, lessor, lessee, employer or other person in control of a public park or recreation area, or of a school round, shall cause signs to be posted at appropriate locations advising persons that smoking is prohibited within the park, recreation area or school ground.
(C) Each owner, lessor, lessee, management company or other person in control of an outdoor venue shall cause signs to be posted at appropriate locations advising persons that smoking is prohibited within the outdoor venue during outdoor events.
No person, business or employer shall discharge, refuse to hire, or in any manner retaliate against an employee or customer because that employee or customer reports a violation of this Article or exercises by rights afforded by this Article.
Nothing in this Article shall be deemed to limit the owner, occupant or lessee of a public place or a place of employment to further prohibit smoking by designating outdoor areas not subject to the restrictions in this Article as a place where smoking is also prohibited, provided that the owner, occupant or lessee shall cause signs to be posted at appropriate locations advising persons that smoking is prohibited within the designated outdoor area.
(A) It is unlawful to smoke within fifteen (15) feet of a public entrance to a public place or to a place of employment.
(B) It is unlawful for any person or persons to gather or congregate for the purpose of smoking within fifteen (15) feet of a public entrance.
(A) It is unlawful to smoke in open air dining area.
(B) It shall be unlawful for the owner, occupant or lessee, as the case may be, in control of an open air dining area to knowingly permit smoking in the area available for open air dining.
(C) it is unlawful to smoke within fifteen (15) feet of an open air dining area.
(A) It is unlawful to smoke in any enclosed area of any place of employment.
(B) It shall be unlawful for any employer to knowingly permit smoking in any enclosed area of any place of employment.
(A) It is unlawful to smoke in the following unenclosed public places:
- The seating areas of all outdoor arenas, stadiums and amphitheaters.
- Public parks and recreation areas.
- School grounds.
- Public sidewalks within fifteen (15) feet of a public entrance, but excluding any person who is temporarily in such area for the purpose of walking or traversing through such area.
- Public sidewalks within fifteen (15) feet of an open air dining area, but excluding any person who is temporarily in such area for the purpose of walking or traversing through such area.
(B) It is unlawful to smoke in or within fifteen (15) feet of an outdoor venue during the time that an outdoor event is taking place.
For the purposes of this Article, the following terms shall have the following meanings:
“Business” means any sole proprietorship, partnership, joint venture, corporation, association or other business entity, whether formed for profit or nonprofit purposes. “Business” includes a “club” as defined in this Section.
“Club” means a private not-for-profit association, corporation or other entity consisting of persons who are bona fide paying members and which owns, leases or uses a building or portion thereof, the use of which is restricted primarily to members and their guests.
“Employee” means any person who is employed or retained by a business, and shall include the owner or operator of a sole proprietorship or other similar business entity.
“Employer” means any business that employs one or more employees.
“Enclosed Area” means all space in any structure or building that is enclosed on all sides by any combination of walls, windows, or doorways, extending from floor to the ceiling.
“Open Air Dining Area” means a seating area open to the air that is accessory to a restaurant, hotel, cafeteria, private club or other public place engage din purveying commercial food or beverage service where members of the public, members or guests are invited to sit and receive food and beverage service for a consideration.
“Outdoor Event” means a scheduled outdoor musical, dance, theatrical, dramatic, entertainment or performance event, or a scheduled outdoor community fair, parade, event or market, that is organized, licensed or permitted by the owner of an outdoor venue and to which the public is invited.
“Outdoor Venue” means an outdoor theater, amphitheater, plaza, street or other improved area that is used as a public venue or forum to which members of the general public are invited to listen, view or otherwise participate in an outdoor event that is organized, licensed or permitted by the owner of the venue.
“Place of Employment” means an area under the control of a public or private employer within the County that employees normally frequent during the course of employment, and includes, without limitation, common work areas, private offices, auditoriums, classrooms, conference and meeting rooms, cafeterias, elevators, employee lounges, staircases, hallways, restrooms, medical facilities, private clubs, and the interior of a vehicle of public conveyance. “Place of Employment” also includes the home office portion of a private dwelling, but only if the home office is used by more than one employee or is frequented by business invitees.
“Place of Employment” does not include that part of a private dwelling used as a home office by a single employee only who resides in that dwelling.
“Park” means a public park or recreation area that is open to and used by the general public.
“Public Entrance” means the doorway or other entrance to a public place that is open to and intended for use by the general public for ingress and egress to the public place.
“Public entrance” also means a doorway or other entrance for pedestrian ingress and egress to a place of employment; (i) that is open to and intended for use by the general public or business invitee’s ingress and egress to the place of employment; (ii) where employees are required or permitted to enter or exit the place of employment.
Public Place” means an area that is open to and used by the general public, or any area to which the public is invited or in which the public is permitted, including without limitation:
- vehicles of public conveyance;
- common or public areas (including without limitation lobbies, hallways, reception areas, public restrooms, elevators and staircases) of apartment buildings, condominiums, dormitory buildings, nursing home care facilities, and other multiple family residential structures;
- common or public areas (including without limitation lobbies, hallways, reception areas, public restrooms, elevators and staircases) of any building or structure that is accessible to the public including without limitation office, commercial,
and industrial buildings, banks and financial institutions, educational institutions, health care facilities such as hospitals, clinics and doctor’s offices, museums, libraries, restaurants, polling places, government and County-owned buildings, food stores, cafeterias, theaters, auditoriums, train and bus stations, hotels, motels, and retail and service establishments. - rooms, chambers, halls, or other locations within which meetings, hearings, or gatherings are held, to which the public is invited or in which the public is permitted, including specifically, but without limitation, any enclosed area under the control of the County where there is in progress any public meeting.
“Public place” shall not include:
- a private dwelling unit, unless said dwelling is also used as a day care facility for children or adults; provided that rooms in nursing homes or long-term care facilities occupied by one or more persons who have requested in writing a room where smoking is permitted shall be considered private dwelling units; or
- hotel or motel rooms designated as smoking, provided that no more than twenty percent (20%) of the available rooms for rent in any single building shall be designated as smoking rooms.
“School Grounds” mean all public or private outdoor school grounds, but excluding any open areas specifically designated and permitted by the school administration for smoking by adults who are invited to use such area for smoking.
“Smoke” or “Smoking” means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, or other lighted tobacco product in any manner or in any form.
“County” means the County of Union, Illinois.
This Article may be cited as the “Smoke Free Air Code,” the purpose of which is to protect the public health, comfort and environment by prohibiting smoking in all enclosed public places and places of employment, within twenty-five (25) feet of all public entrances to such places, in open air public dining areas and within twenty-five (25) feet of such areas, and within certain unenclosed public places including school grounds, parks and recreation areas and outdoor venues in order to ensure that nonsmokers may breathe air free from the hazardous effects of secondhand smoke.
Smoking creates the hazard of injury to the personal health of those in the environment of such smoke as well as the potential of damage to property that may result from the incendiary nature of such activity. It has been determined that breathing ambient smoke is a health hazard to both smokers and nonsmokers. Cigarette smoking also produces several substances that are considered hazardous to health including carbon monoxide, hydrogen cyanide, nitrous oxide and formaldehyde. Secondhand smoke (68% of the total smoke produced by a cigarette) affects the health of the bystander, interfering with respiratory tract defenses, often causing nonsmokers to have allergic or irritative reactions, and is a known cause of lung cancer.
Because the hazards of smoking have a potentially harmful effect, material and direct, on the public health, safety, welfare, comfort, and property of residents of the County, it is necessary and desirable to establish regulations that prohibit smoking in all enclosed public places, in all enclosed places of employment, near entrances to all such public places and places of employment, in and near open air public dining areas, and within certain unenclosed public places including school grounds, parks and recreation areas and outdoor venues.
It shall be unlawful within a municipality to locate an adult entertainment facility within one thousand (1,000) feet of the property boundaries of any school, day care center, cemetery, public park, forest preserve, public housing, and place of religious worship.
For the purposes of this Section, “adult entertainment facility” means:
(A) a striptease club or pornographic movie theatre whose business is the commercial sale, dissemination, or distribution of sexually explicit material, shows, or other exhibitions or
(B) an adult bookstore or adult video store in which twenty-five percent (25%) or more of its stock-in-trade, books, magazines, and films for sale, exhibition, or viewing on-premises are sexually explicit material. (See 65 ILCS 5/11–5‑1.5)
This Article shall not be deemed to address photographs, movies, video presentations, or any other non-live performance.
It shall be unlawful for any person to knowingly or intentionally appear nude in a public place or in any other place that is readily visible to the public, except a place provided or set apart for nudity. It shall also be unlawful for any person or entity maintaining, owning, or operating any public place to operate and to knowingly, or with reason to know, permit or allow any person to appear nude in such public place, except a place provided or set apart for nudity.
As used in this Article:
(A) “Adult Oriented Business” means an establishment as defined in theCountyCode.
(B) “Entity” means any proprietorship, partnership, corporation, association, business trust, joint venture, joint-stock company, or other for profit or not for profit organization.
(C) “Nude” means the showing of:
- Human male or female genitals or pubic area with less than a fully opaque covering; or
- Any portion of the anal cleft or cleavage of the male or female buttocks. Attire that is insufficient to comply with this requirement includes, but is not limited to, G‑strings, T‑backs, thongs, and any other clothing to covering that does not completely and opaquely cover the anal cleft or cleavage of the male or female buttocks; or
- The portion of the human female breast directly or laterally below a point immediately above the top of the areola with less than a fully opaque covering; this definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other clothing, provided the areola is not exposed.
(D) “Person” mean any live human being aged ten (10) years of age or older.
(E) “Place Provided or Set Apart for Nudity” means enclosed single sex public restrooms, enclosed single sex functional shower, locker and/or dressing room facilities, enclosed motel rooms and hotel rooms designed and intended for sleeping accommodations, doctor’s offices, portions of hospitals, and similar places in which nudity or exposure is necessarily and customarily expected outside of the home and sphere of privacy constitutionally protected therein. This term shall not be deemed to include places where a person’s conduct of being nude is used for his or her profit or where being nude is used for the promotion of business or is otherwise commercially exploited.
(F) “Public Place” means any location frequented by the public, or where the public is present or likely to be present, or where a person may reasonably be expected to be observed by members of the public. Public Places include, but are not limited to, streets, sidewalks, parks, beaches, business and commercial establishments (whether for profit or not for profit, whether open to the public at large, or whether entrance is limited by a cover charge or membership requirement), hotels, motels, restaurants, night clubs, country clubs, cabarets, and meeting facilities utilized by any religious, social, fraternal or similar organizations. Premises, or portions thereof, such as homes and hotel rooms, used solely as a private residence, whether permanent or temporary in nature, shall not be deemed to be a public place.
(A) Purpose. It is the purpose of this Article to regulate public nudity in order to promote the health, safety, morals, and general welfare of the citizens of the County. The provisions of this Article have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials.
(B) Findings. The County Board finds:
- Public places allowing nudity lend themselves to ancillary unlawful and unhealthy activities that are presently uncontrolled.
- Sexual acts, including masturbation, and oral and anal sex, occur at adult oriented businesses, especially those which provide private or semi-private booths or cubicles for viewing films, videos, live sex shows or public nudity.
- Allowing public nudity creates unhealthy conditions.
- Persons frequent certain adult theaters, adult arcades, and other adult oriented businesses for the purpose of engaging in sex within the premises of such adult oriented businesses.
- At least fifty (50) communicable diseases may be spread by activities occurring in adult oriented businesses involving public nudity, including, but not limited to, syphilis, gonorrhea, human immunodeficiency virus infection (HIV-AIDS), genital herpes, hepatitis B, Non A, Non B amebiasis, salmonella infections and shigella infections.
- Since 1981 and to the present, there has been an increasing cumulative number of reported cases of AIDS caused by the human immunodeficiency virus (HIV) in theUnited States.
- The Surgeon General of the United States in his report of October 22, 1986, has advised the American public that AIDS and HIV infection may be transmitted through sexual contact, intravenous drug abuse, exposure to infected blood and blood components, and from an infected mother to her newborn.
- According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts.
- Sanitary conditions in some adult oriented businesses and those places allowing public nudity are unhealthy, in part, because the activities conducted there are unhealthy, and, in part, because of the unregulated nature of the activities, including nudity, and the failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities.
- Numerous studies and reports have determined that semen is found in the areas of adult oriented businesses allowing public nudity and where persons view “adult” oriented films.
- The findings noted in paragraphs (1) through (10) raise substantial governmental concerns.
- Public places allowing nudity have operational characteristics which should be reasonably regulated in order to protect those substantial governmental concerns.
- The general welfare, health, morals and safety of the citizens of the County will be promoted by the enactment of this Article.
The open burning of landscape waste shall be permitted only on the following conditions:
(A) Landscape waste shall be burned on the premises on which such waste is generated; and
(B) Landscape waste shall be burned only when atmospheric conditions shall readily dissipate contaminants; and,
(C) Landscape waste may be burned only if such burning does not create a visibility hazard on roadways, walkways, or railroad tracks; and,
(D) Open burning of landscape waste may only take place during daylight hours with a person over eighteen (18) years of age in attendance during the entire period of burning; and,
(E) No open burning of landscape waste shall be permitted on any streets or roadways; and,
(F) No open burning shall occur during periods of time when the Fire Chief or the Chief of Police have determined that atmospheric conditions or local circumstances make such fires hazardous and dangerous.
(G) All open burning shall occur between 8:00 A.M. and 5:00 P.M.; provided however, all fires shall be extinguished by sunset.
It shall be unlawful to cause or allow open burning of agricultural waste, household trash or garbage.
Unless the context otherwise requires the words and phrases herein defined are used in this Article in the sense given them in the following definitions:
“AGRICULTURAL WASTE” means any refuse, except garbage and dead animals, generated on a farm or ranch by crop and livestock production practices including such items as bags, cartons, dry bedding, structural materials, and crop residues but excluding landscape waste.
“GARBAGE OR HOUSEHOLD TRASH” means refuse resulting from the handling, processing, preparation, cooking and consumption of food or food products; including plastic containers.
“LANDSCAPE WASTE” means any vegetable or plant refuse, except garbage and agricultural waste. The term includes trees, tree trimmings, branches, stumps, brush, weeds, leaves, grass, shrubbery, and yard trimmings.
“OPEN BURNING” means the combustion of any matter in such a way that the products of the combustion are emitted to the open air without originating in or passing through equipment for which a permit could be issued under Section 9(b) of the Environmental Protection Act of the State of Illinois.
If a minor is detained for a period of time in excess of one (1) hour which requires the supervision of the minor by personnel of the Police Department, the parent, custodian, guardian or other adult having legal care or custody of the minor shall be jointly and severally liable for the costs therefore. The parent, custodian, guardian or other adult having legal care or custody of the minor who has committed any offense of this Code shall be assessed and billed for the costs; the costs shall be recoverable in any action enforcing any provision of this Code or in a separate civil action. In addition, the failure to pay the costs shall constitute a violation of this Code and subject the violator to the penalties described within Section 26–4‑6 above. In the event any action is filed, the liable party shall be responsible for all court costs and any reasonable attorney’s fees incurred by the County in collecting.
(A) Any person who violates any provision of this Article shall, upon conviction thereof, be fined as provided in Section 1–1‑20 of this Code. (See also Section 1–1‑20)
(B) In lieu of or in addition to a fine, a minor may be ordered to attend counseling or to perform ten (10) hours of court approved community service during times other than the minor’s hours of school attendance and/or the minor’s parent, custodian, guardian or other adult having legal care or custody of the minor may be ordered to attend a parenting class or series of parenting classes or other counseling approved by the court or recommended by the Truancy Review Board or to attend any program directly related to improving school attendance and/or performance.
(C) In addition to any penalty imposed pursuant to (A) or (B) above, the minor’s parents, custodian, guardian or other adult having legal care or custody of the minor may be ordered to pay all amounts imposed as civil liability under Section 26–4‑7 hereinafter.
Every member of the Police Department while on duty is hereby authorized as follows:
(A) For the first offense of any minor violating the provisions of this Code, to issue to the minor a citation, in writing, in the same form as described in paragraph (C) below. For a second offense, the law enforcement officer is authorized to temporarily detain any minor violating the provisions of this Code (regardless of whether a citation is immediately issued) until the parent, custodian or guardian of the minor shall take him or her into custody, but such officer shall immediately upon taking custody of the minor reasonably attempt to communicate with the parent, custodian or guardian of the minor unless subparagraph (E) herein is applicable. A parent, custodian or guardian must take custody of the minor within one (1) hour of the time of notice or be subject to a charge of Twenty-Five Dollars ($25.00) per hour as hereinafter provided.
(B) Whenever a Police Officer or Truant Officer witnesses or has knowledge based on reasonable grounds of a violation of this Code by any person, such person may be issued a citation. A citation or complaint may be made to a Police Officer or Truant Officer by any person.
(C) A citation issued hereunder this shall be in writing and shall:
- state the name of the person being cited and the person’s address if known;
- set forth the specific section of this Code that was violated, the date of the violation and a brief description of the violation;
- be signed by the issuing Police Officer, Truant Officer or complaining party.
In each instance where a citation is issued to a minor for violation of this Code a minor’s parent, custodian or guardian shall be provided a copy of the citation notifying the parent, custodian or guardian of the charge made against the minor.
(D) A minor cited for a citation under this Code must attend a court hearing or Truancy Review Board hearing on the citation and must be accompanied at the hearing by his or her parent, custodian, guardian or other adult person having the legal care and custody of the minor. If any such person fails to attend any court hearing with the minor, and unless the interest of justice would otherwise be served, the court may continue the hearing and shall issue a Notice or a Rule to Show Cause to the person directing that said person to appear at the continued hearing with the minor. Failure of the person to thereafter appear shall subject said person to sanctions for contempt of court as determined by the court.
(E) Every member of the Police Department while on duty is hereby authorized to temporarily detain any minor violating the provisions of Section 26–4‑3 of this Code, regardless of whether a citation is issued, and to deliver and surrender the minor to the lawful authorities of the school that the minor would normally attend.
It is unlawful for any owner, operator or any employee of an establishment to allow a minor to be present or to remain upon the premises of the establishment in violation of Sections 26–4‑2 or 26–4‑3 above during curfew or truancy hours.
It is a defense to prosecution, under this subparagraph if the owner, operator or employee of the establishment immediately upon discovery of a minor reasonably believed to be in violation of Sections 26–4‑2 or 26–4‑3 notified a law enforcement agency that a minor was present on the premises of the establishment during curfew or truancy hours and refused to leave the establishment after being advised to do so by the owner, operator or employee.
(A) It is unlawful for any minor who is subject to compulsory education or to compulsory continuation education by statute or court order to be present in any public place or on the premises of any establishment within the County during truancy curfew hours.
(B) It is unlawful for any parent, custodian or guardian of a minor to knowingly permit, or by insufficient control to allow, the minor to be present in any public place or on the premises of any establishment within the County during truancy curfew hours.
(C) It is a defense to prosecution under this Section or Section 26–4‑4 that the minor was:
- accompanied by a parent, guardian, custodian or responsible adult if engaged in an activity which would constitute an excused absence from the school from which the minor would normally attend;
- involved in an emergency;
- going to or returning from a medical appointment without any detour or stop;
- engaged in, going to or returning home from an employment activity pursuant to a cooperative school vocation program without any detour or stop;
- in possession of valid proof that the minor is a student who has permission to leave the school campus;
- a bona fide participant in an alternative education or home schooling program;
- engaged in or subject to an authorized or excused absence from the school which the minor attends, including but not limited to lunch periods.
(A) It is unlawful for any minor to be present in any public place or on the premises of any establishment within the County during curfew hours.
(B) It is unlawful for any parent or guardian or custodian of a minor to knowingly permit, or by insufficient control to allow, the minor to be present in any public place or on the premises of any establishment within the County during curfew hours.
(C) It is a defense to prosecution under Section 26–4‑2(A) and (B) or Section 26–4‑4 (hereinafter) that the minor was:
- accompanied by the minor’s parent, guardian, custodian or responsible adult;
- on an errand at the direction of the minor’s parent, guardian, custodian or responsible adult; without any detour or stop;
- in a motor vehicle involved in interstate travel with the consent or authorization of a parent, guardian or custodian;
- engaged in, going to or returning home from an employment activity without any detour or stop;
- involved in an emergency;
- on the sidewalk abutting the minor’s residence;
- engaged in, going to or returning home from official school, religious or other recreational activity supervised by adults, sponsored by a civic organization, or another similar entity that takes responsibility for the minor;
- exercising First Amendment rights protected by the United States Constitution; or
- emancipated pursuant to law.
As used in this Article unless the context requires otherwise the following words and phrases shall mean:
“COUNTY CURFEW HOURS” means the period of time specified in Section 26–1‑12 of the Chapter.
“COURT” means the 1st Judicial Circuit;Union County,Illinois.
“CUSTODIAN” means:
- a person who under court order is the custodian of the person of a minor or
- a public or private agency with which the court has placed a minor or
- a person acting in the role of a parent by reason of a private agreement, arrangement, custom or habit.
“EMERGENCY” means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, fire, natural disaster, automobile accident, medical emergency or any situation requiring immediate action to prevent serious bodily injury or loss of life.
“ESTABLISHMENT” means any privately owned place of business to which the public is invited, including but not limited to any place of amusement or entertainment.
“GUARDIAN” means:
- parent or
- a person who under court order is the guardian of the person of a minor; or
- a public or private agency with which the court has placed a minor.
“MINOR” means a person under eighteen (18) years of age.
“PARENT” means a person who is a natural parent, adoptive parent, or step-parent of another person.
“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, public ways, sidewalks and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.
“RESPONSIBLE ADULT” means a person at least eighteen (18) years of age, authorized by a parent, guardian or custodian to have the care and custody of a minor.
“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.
“TRUANCY CURFEW HOURS” means the period of the day when the school the minor would normally attend is in session, on days when the school the minor would normally attend is in session.
“TRUANT OFFICER” means any officer, appointee, employee or other agency of any school district or any federal, state or local government, entity or any agency thereof performing the duties of a truant officer under the Illinois Compulsory Attendance Statute. (105 ILCS 5/26–1 et seq.)
“TRUANCY REVIEW BOARD” means any agency or entity established by any school district or any federal, state or local governmental entity or any counseling or social agency or any combination thereof recognized by the County and/or the court as an agency which provides service to improve education performance and/or attendance.
(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 herein above provided for the purposes intended and it shall be unlawful for any person or persons to deposit any litter upon any such parking lot.
(See 415 ILCS Sec. 105/1 et seq.)
(In Part Ord. No. 11–19–90)
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.
(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.
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.
(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.
No person shall deposit litter in any park within the County 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.
No person in an aircraft shall throw out, drop or deposit any litter within the County.
(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 County 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 County, 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.
(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.
Persons owning, occupying or in control of any public place or private premises shall keep the sidewalks and alleys adjacent thereto free of litter.
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.
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.
No person shall deposit any litter within the County except in public receptacles, in authorized private receptacles for collection, or in any duly licensed disposal facility.
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 County. “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.
(A) Drive-in Business. A drive-in business within the meaning of this Code shall be deemed to be any business where meals, sandwiches, cold drinks, beverages, ice cream, food, drink, or consumer services are served directly to or are permitted to be consumed by patrons in or upon automobiles, motorcycles, or other vehicles parked on the premises.
(B) Declared Public Places. For the purpose of preserving public peace, health and safety, the entire premises occupied by a drive-in business, together with means of ingress or egress, are hereby declared to be a public place;
- No person on the premises of a drive-in business shall race the motor of any motor vehicle, needlessly bring to a sudden start or stop, any motor vehicle, blow any horn of any motor vehicle, or cause to be made any loud or unseemly noise, nuisance or disturbance whereby the quiet and good order of the premises or the neighborhood are disturbed.
- The following acts or conduct of any persons entering a drive-in business or premises are hereby declared to be unlawful, and any person found guilty of any such acts shall be guilty of a violation of this Article:
- Entering the premises of any drive-in business with any motor vehicle of any description and parking such vehicle and leaving the premises (thereby leaving such vehicle parked and unoccupied), without express consent of the owner or operator of such business, in which event, such motor vehicle shall be subject to a parking citation or may be impounded subject to the usual impounding charges.
- Entering the premises in or upon a motor vehicle and using said premises for cruising, racing as a shortcut to another street or to annoy or endanger any person or persons or other vehicle or vehicles lawfully on said premises.
- For three (3) or more persons to congregate on the premises and linger or loiter at any location on the premises of any drive-in business, other than in the building or in a legally parked motor vehicle.
- For any person who, while on the premises of any drive-in business, in the presence or hearing of another, to curse or abuse such person or use any violently abusive language under circumstances reasonably calculated to provoke a breach of the peace.
(C) Posting Sign. It shall be the responsibility of the business operator to post on the premises in a conspicuous location, one (1) or more signs bearing the following legend in letters at least two inches (2″) or more in height and readable:
“CRUISING IN OR CONGREGATING AND LOITERING OUTSIDE A MOTOR VEHICLE IS UNLAWFUL. NO UNOCCUPIED MOTOR VEHICLES MAY BE LEFT ON THE PREMISES WITHOUT THE CONSENT OF THE OWNER.”
(See 65 ILCS Sec. 5/11–5‑2)
(A) Upholstered or other furniture designed or manufactured primarily for indoor use shall not be used or allowed to remain:
- on unenclosed exterior porches or balconies;
- in an open area on private property exposed to outdoor weather conditions.
(B) It shall not be a defense to said prohibition that such furniture is covered by plastic cover, or other tarpaulin, canvas or sheeting.
(C) This prohibition shall not apply to the following:
- wood, metal, or plastic furniture;
- outdoor patio furniture with weather-resistant cushions;
- upholstered furniture designated for prepaid special pickup or delivery by public or private hauler, provided that such remain outdoors for a period not to exceed seventy-two (72) hours.
It shall be unlawful for a person to violate any of the following provisions of this Section:
(A) Engaging in any loud protest of signing, chanting, whistling or yelling with, or without, noise amplification including but not limited to bullhorns, auto horns and microphones within three hundred (300) feet of any entrance of a facility being used for a funeral or memorial service at any time during the period starting thirty (30) minutes before any funeral or memorial service is scheduled to begin and ending thirty (30) minutes after the funeral or memorial service terminates; or
(B) Displaying any visual images that convey fighting words, actual or veiled threats against any other person within three hundred (300) feet of any entrance of a facility being used for a funeral or memorial service at any time during the period starting thirty (30) minutes before any funeral or memorial service is scheduled to begin and ending thirty (30) minutes after the funeral or memorial service terminates; or
(C) Blocking access to any facility being used for a funeral or memorial service at any time during the period starting thirty (30) minutes before any funeral or memorial service is scheduled to begin and ending thirty (30) minutes after the funeral or memorial service terminates; or
(D) Ending in a directed protest march or picket at any public location within three hundred (300) feet of any entrance of a facility being used for a funeral or memorial service at any time during the period starting thirty (30) minutes before any funeral or memorial service is scheduled to begin and ending thirty (30) minutes after the funeral or memorial service terminates.
(A) Definitions. Whenever used in this Section.
- “Curfew hours” means:
- 11:00 P.M. on any Sunday, Monday, Tuesday, Wednesday, or Thursday until 6:00 A.M. of the following day; and
- 12:01 A.M. until 6:00 A.M. on Saturday; and
- 12:01 A.M. until 6:00 A.M. on Sunday.
- “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. - “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.
- “Guardian” means:
- A person who, under court order, is the guardian of the person of a minor; or
- A public or private agency with whom a minor has been placed by a court.
- “Minor” means any person under eighteen (18) years of age.
- “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.
- “Parent” means a person who is:
- A natural parent, adoptive parent, or stepparent of another person; or
- At least twenty-one (21) years of age and authorized by a parent or guardian to have the care and custody of a minor.
- “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.
- “Remain” means to:
- linger or stay; or
- 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.
- “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.
- A minor commits an offense if he remains in any public place or on the premises of any establishment within the County during curfew hours.
- 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 County during curfew hours.
- 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.
- It is a defense to prosecution under subsection (B) that the minor was:
- Accompanied by the minor’s parent or guardian;
- On an errand at the direction of the minor’s parent or guardian, without any detour or stop;
- In a motor vehicle involved in interstate travel;
- Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
- Involved in an emergency;
- 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;
- Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the County, 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 County, a civic organization or another similar entity that takes responsibility for the minor;
- 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
- Married or had been married or is an emancipated minor under the Emancipation or Mature Minors Act, as amended.
- 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. (See 65 ILCS 5/11–1‑5 and 720 ILCS 555/1)
(E) Penalty. Any person or persons convicted of a violation of this Section shall be fined, upon conviction, not less than:
- Fifty Dollars ($50.00) for an initial violation of this Section;
- One Hundred Dollars ($100.00) for a second violation of this Section;
- Two Hundred Dollars ($200.00) for all subsequent violations of this Section.
No person shall deposit or cause to be deposited any snow and ice on or against a fire hydrant or on any sidewalk, roadway, or loading or unloading areas of a public transportation system, except that snow and ice may be windrowed on curbs incident to the cleaning of sidewalks in business districts.
It shall be unlawful for any person occupying or driving a motor vehicle, whether moving or not, to shoot, throw, cast, launch or drop any object, liquid or substance at any person, animal or structure, wherein the possibility of harm, injury or damage may occur as a result of these actions.
The driver and/or all passengers shall be, upon conviction, fined in accordance with the provisions of the County Code and shall be liable for all damage, injury or harm caused by the activity.
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 County limits unless said person is acting as an agent for the County or acting as an agent for a waste hauler licensed by the County.
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