Chapter 13 Ė Offenses -- Miscellaneous
Sec. 13-29. Definitions. [back to top]
Original retailer means any retailer who buys merchandise from a wholesaler and pays Illinois sales tax upon such merchandise.
Precious stones means diamonds, emeralds, jade, pearls, rubies and sapphires.
Semi-precious stones means amethyst, aquamarine, garnets, opals, peridots, topaz and zirconia.
Minor means any person under the age of eighteen (18). (Ord. 81-30)
Sec. 13-30. Registration Required. [back to top]
It shall be the duty of all persons dealing in the purchase, sale or exchange of jewelry, watches, precious stones and semi-precious stones, cutlery, coins, precious metals or any second hand manufactured articles, composed wholly or in part of precious metals, to keep a book in which every article received by them in the course of their business, except for merchandise which has been purchased from a wholesaler and a sales tax has been paid, shall be registered. Such registration shall include as minute a description of every article as possible, including the maker's name and number of every article so received. The name, age, sex, residence, driver's license number, date and time of sale and general description of the person selling or exchanging articles shall be taken and entered in the register. If the person selling or exchanging articles shall not have a driver's license, he must, in lieu of a driver's license, produce identification showing both the person's age and picture. These other types of identification shall include, but not be limited to, an identification card issued by the Secretary of State, a passport, a voter's registration along with a picture identification card. The type of identification shall also be included in the register. All entries in the book shall be made in ink. (Ord. 81-30)
Sec. 13-31. Availability of Register. [back to top]
The register shall at all times be kept at the place of business of every person engaging in the business as set forth in Section 13-30. Members of the Police Department shall be allowed free access to the register and the person shall give to such officers all information in his possession concerning such articles and all persons selling or exchanging the same. (Ord. 81-30)
Sec. 13-32. Reports to the Chief of Police. [back to top]
All persons engaging in the business as set forth in Section 13-30 shall furnish a weekly report to the Chief of Police at his office. Such report shall be due by 12:00 noon every Monday. The report shall cover all merchandise bought or exchanged during the preceding week. The report shall show the name, age, sex, residence, driver's license number and general description of each person who shall have sold or exchanged any article during the preceding week, together with a full description of the articles sold or exchanged by such person and the day and the hour of the transaction. If a type of identification other than a driver's license as described in Section 13-30 is used, that source should be documented in the report. Every person engaging in such business shall keep duplicates of such reports in a well bound book or register, which book or register shall at all times be subject to the inspection of members of the Police Department. (Any person intending to engage in business as set forth in Section 13-30 who will not operate that business at an establishment and permanent location shall give the Chief of Police at least seventy-two (72) hours' prior notice of the location and date and hours of the operation of such business.) (Ord. 81-30)
Sec. 13-33. Retention of Articles. [back to top]
All persons engaging in business as set forth in Section 13-30 shall retain any article received for a period of forty-eight (48) hours after the deadline for the weekly police report in which that article was included. Articles included in the 12:00 noon police report on Monday shall not be resold, exchanged or otherwise disposed of before 12:00 noon on Wednesday of the same week. Articles must be kept in the same state or condition in which they were received, and shall not be commingled with other articles separately received and shall be made available for examination by members of the Police Department during this retention period. (Ord. 81-30)
Sec. 13-34. Purchase or Exchange from Minors, Intoxicated Persons and Thieves Prohibited. [back to top]
It shall be unlawful for anyone engaged in business as set forth in Section 13-30 to purchase from a minor or exchange with a minor any articles regulated by Section 13-30. It shall be unlawful for anyone engaged in business as set forth in Section 13-30 to purchase from or exchange with any person appearing to be intoxicated or any person known to be a thief or to have been convicted of larceny, any articles regulated by Section 13-30. (Ord. 81-30)
Sec. 13-35. Penalties. [back to top]
Any person found guilty of violating Sections 13-30 to 13-34 shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00). Such person shall also be subject to the revocation of any business license issued by the Village. (Ord. 81-21, 81-30)
Sec. 13-36. Transfer of Smoking Materials to any Minor Prohibited. [back to top]
(A) Definitions. For the purpose of Sections 13-36 through 13-40 inclusive, the following words and phrases shall have the meanings respectively ascribed to them:
Age restricted area means a signed designated area in a retail establishment to which minors under eighteen (18) years of age are not permitted access unless accompanied by a parent or legal guardian.
Line of sight means visible to a cashier or other employee.
Minor means a person who has not yet attained the age of eighteen (18) years of age.
Smoking materials means any substance containing either smoking herbs or tobacco leaf and paraphernalia associated therewith, including, but not limited to, cigarettes, cigars, pipe tobacco, loose tobacco, snuff, chewing tobacco or dipping tobacco, cigarette paper, and pipes.
Vending machine means any mechanical, electric or electronic, self-service device which, upon insertion of money, tokens or any other form of payment, dispenses smoking materials.
(B) License required. It shall be unlawful to sell or offer for sale at retail, to give away, deliver or to keep with the intention of selling at retail, giving away or delivering smoking materials within the Village without having first obtained a tobacco dealer's license therefor pursuant to Chapter 10, Article I.
(C) Prohibited sales, delivery.
(1) It shall be unlawful for any person, including any licensee, to sell, offer for sale, give away or deliver smoking materials to any person under the age of eighteen (18) years.
(2) If any person contemplating the sale or furnishing of smoking materials believes or has reason to believe that a sale or delivery of smoking materials is prohibited because of the non-age of the prospective recipient, he shall, before making such sale or delivery, demand presentation of some form of positive identification, containing proof of age, issued by a public officer in the performance of his official duties.
(D) Warning signs. Every person engaged in the business of selling smoking materials shall at all times display signs informing the public of the age restrictions provided for herein. The sign shall be posted by every licensee at or near every display of smoking materials and on or immediately adjacent to every vending machine which offers smoking materials for sale. Each such sign shall be plainly visible and shall state:
"THE SALE OF
SMOKING MATERIALS TO PERSONS UNDER
The text of such signs shall be in red letters on a white background, said letters to be at least one inch (1") high.
(E) Tobacco product displays. All single packs of cigarettes must be sold from behind the counter or in an age restricted area or in a sealed display case. Any other tobacco products must be sold in line of sight. The restrictions described in this Section do not apply to a retail tobacco store that (i) derives at least 90% of its revenue from tobacco and tobacco related products; (ii) does not permit persons under the age of eighteen (18) to enter the premises unless accompanied by a parent or legal guardian; and (iii) posts a sign on the main entrance way stating that persons under the age of eighteen (18) are prohibited from entering unless accompanied by a parent or legal guardian.
(F) Certain free distributions prohibited. It shall be unlawful for any licensee or any person in the business of selling or otherwise distributing, promotion or advertising smoking materials, or any employee or agent of any such licensee or person, in the course of such licensee's or person's business, to distribute, give away or deliver smoking materials free of charge to any person on any right-of-way, park, playground or other property owned by the Village, any school district, any park district or any public library.
(G) Responsibility for agents and employees. Every act or omission of whatsoever nature, constituting a violation of any of the provisions of this Ordinance by any officer, director, manager or other agent or employee of any licensee shall be deemed and held to be the act of such licensee; and such licensee shall be punishable in the same manner as if such act or omission had been done or omitted by the licensee personally.
Sec. 13-37. Minimum Age to Sell, Purchase or Possess Smoking Materials. [back to top]
(A) Sale by minors prohibited. It shall be unlawful for any licensee or any officer, associate, member, representative, agent or employee of such licensee, to engage, employ or permit any person under eighteen (18) years of age to sell smoking materials in any licensed premises.
(B) Purchase by minors prohibited. It shall be unlawful for any person under the age of eighteen (18) years to purchase smoking materials, or to misrepresent their identity or age, or to use any false or altered identification for the purpose of purchasing smoking materials. No person shall transfer, alter or deface such an identification card; use the identification card of another; carry or use a false or forged identification card; or obtain an identification card by means of false information.
(C) Possession by minors prohibited. It shall be unlawful for any person under the age of eighteen (18) years to possess any smoking materials; provided that the possession by a person under the age of eighteen (18) years under the direct supervision of the parent or guardian of such person in the privacy of the parent's or guardian's home shall not be prohibited. (Ord. 81-26; 89-101)
Sec. 13-38. Vending Machines--Locking Devices. [back to top]
(A) It shall be unlawful for any licensee or the owner of any premises in which a tobacco vending machine is located to sell or offer for sale, give away, deliver or permit to be delivered or to keep with the intention of selling, giving away or delivering smoking materials by use of a vending machine, unless such vending machine is equipped with a manual, electric or electronic locking device controlled by the owner or his employees so as to prevent its operation by persons under the age of eighteen (18) years, except as hereinafter provided.
(B) A locking device is not required for tobacco vending machines which are clearly visible at all times by the owner or his employees.
(C) Any premises where access by persons under the age of eighteen (18) years is prohibited by law, or premises where the public is generally not permitted and where vending machines are strictly for the use of employees of business located at such premises, shall be exempt from the requirements of Section 13-38(A) above. (Ord. 81-26; 89-101)
Sec. 13-39. Suspension; Revocation of License; Fines against Licensees; Costs. [back to top]
(A) The Village President shall be charged with the administration of this Ordinance. The Village President may suspend or revoke any and all licenses issued under the provisions of this Chapter 10, Article I, if he determines that the licensee has violated any of the provisions of this Ordinance. In lieu of suspension or revocation of a license, the Village President may instead levy a fine on the licensee. The fine imposed shall be not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each violation. Each day on which a violation continues shall constitute a separate violation. However, no such license shall be suspended or revoked and no licensee shall be fined except after a public hearing by the Village President with a seven (7) day written notice to the licensee affording the licensee an opportunity to appear and defend against the charges contained in such notice. The seven (7) day notice provisions shall begin the day following delivery by certified mail or by personal service.
The Village President shall within seven (7) days after such hearing, if he determines after such hearing that the license should be revoked or suspended, or that the licensee should be fined, state the reason for such determination in a written order and either the amount of the fine, the period of suspension or that the license has been revoked and serve a copy of such order within the seven (7) days upon the licensee.
Any licensee determined by the Village President to have violated any of the provisions of this Ordinance shall pay to the Village the costs of the hearing before the Village President on such violation. The Village President shall determine the costs incurred by the Village for said hearing, including, but not limited to: court reporter's fees, the costs of transcripts or records, attorneys' fees, the cost of preparing and mailing notices and orders and all other miscellaneous expenses incurred by the Village.
The licensee shall pay said costs to the Village within thirty (30) days of notification of the costs by the Village President. Failure to pay said costs within thirty (30) days of notification is a violation of this Ordinance.
(B) Effect of revocation. When any license shall have been revoked for any cause, no license shall be granted to said licensee for the period of six (6) months thereafter for the conduct of the business of selling smoking materials in the premises described in the revoked license. (Ord. 81-26; 89-101)
Sec. 13-40. Penalties. [back to top]
The penalties for violation of this Ordinance by any person other than a licensee shall be not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each violation.
(Ord. 81-26, 89-101)
Sec. 13-41 - 13-43 repealed by Ord. 99-106, 10/4/99
Sec. 13-44. Cannabis Defined. [back to top]
Cannabis includes marijuana, hashish and other substances which are defined 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 tetrahydro-cannabinol (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 or such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil cake, or the sterilized seed of such plant which is incapable of germination. (Ord. 84-16)
Except as otherwise provided in 410 ILCS 130/1 et seq., it shall be a violation of this Ordinance for any person knowingly to possess any quantity of any substance containing cannabis, except that the effect of this Ordinance shall be limited to persons knowingly possessing less than 30 grams of any substance containing cannabis. (Ord. 84-16; 14-04)
Sec. 13-46. Penalty. [back to top]
Any person convicted of a violation of any of the provisions of this Ordinance shall be fined Two Hundred Dollars ($200.00) as a civil penalty for each offense. Upon satisfaction of the penalty, records relating to the violation shall be expunged in the manner provided by law. (Ord. 84-16; 16-44)
Sec. 13-47. Short Title and Citation. [back to top]
This Ordinance shall be known and may be cited as the Drug Paraphernalia Ordinance of the Village of Addison. (Ord. 84-15, 85-45)
Sec. 13-48. Definitions. [back to top]
The following words and phrases when used in this Ordinance shall, for the purposes of this Ordinance, have the meanings respectively ascribed to them in this Section, except where the context clearly indicated a different meaning:
Drug paraphernalia means all equipment, products and materials of any kind which are used, intended for use, or designed 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 a controlled substance as defined in 720 ILCS 550/1 et seq. and 720 ILCS 570/100 et seq. It includes but is not limited to:
(A) Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;
(B) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances;
(C) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance;
(D) Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances;
(E) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;
(F) Diluents and adulterants, such as quinine hydrochloride, manitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled substances;
(G) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;
(H) Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances;
(I) Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances;
(J) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances;
(K) Hypodermic syringes, needles and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body;
(L) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:
(l) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
(2) Carburetion tubes and devices;
(3) Water pipes;
(4) Smoking and carburetion masks;
(5) Roach clips; meaning objects used to hold burning material, such as a marijuana cigarette that has become too small or too short to be held in the hand;
(6) Miniature cocaine spoons, and cocaine vials;
(7) Chamber pipes;
(8) Carburetor pipes;
(9) Electric pipes;
(10) Air-driven pipes;
(13) Ice pipes or chillers.
In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following:
(A) Statements by an owner or by anyone in control of the object concerning its use;
(B) Prior convictions, if any, of any owner, or of anyone in control of the object, under any State or federal law relating to any controlled substance;
(C) The proximity of the object, in time and space, to a direct violation of 720 ILCS 550/1 et seq. and 720 ILCS 570/100 et seq.;
(D) The proximity of the object to controlled substances;
(E) The existence of any residue of controlled substances on the object;
(F) Direct or circumstantial evidence of the intent of the owner, or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of 720 ILCS 550/1 et seq. and 720 ILCS 570/100 et seq.; the innocence of an owner, or of anyone in control of the object, as to a direct violation of 720 ILCS 550/1 et seq. and 720 ILCS 570/100 et seq., shall not prevent a finding that the object is used, or intended for use, or designed for use as drug paraphernalia;
(G) Instructions, oral or written, provided with the object concerning its use;
(H) Descriptive materials accompanying the object which explain or depict its use;
(I) National and local advertising concerning its use;
(J) The manner in which the object is displayed for sale;
(K) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
(L) Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise;
(M) The existence and scope of legitimate uses for the object in the community;
(N) Expert testimony concerning its use.
Sec. 13-49. Prohibition. [back to top]
(A) Possession of Drug Paraphernalia: Except as otherwise provided in 410 ILCS 130/1 et seq., it shall be unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance as defined in 720 ILCS 550/1 et seq. and 720 ILCS 570/100 et seq.
(B) Manufacture, Sale or Delivery of Drug Paraphernalia: Except as otherwise provided in 410 ILCS 130/1 et seq., it is unlawful for any person to manufacture, sell, offer for sale, display, furnish, deliver, possess with intent to deliver, drug paraphernalia, knowing or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of 720 ILCS 550/1 et seq. and 720 ILCS 570/100 et seq.
(C) Advertisement of Drug Paraphernalia: Except as otherwise provided in 410 ILCS 130/1 et seq., it is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.
(Ord. 85-45; 14-04)
Sec. 13-50. Penalties. [back to top]
A person who violates any provision or provisions of this Ordinance, upon conviction, shall be fined Two Hundred Dollars ($200.00) as a civil penalty. Each day of the violation shall be considered a separate offense. Upon satisfaction of the penalty, records relating to the violation shall be expunged in the manner provided by law. (Ord. 85-45; 16-44)
Sec. 13-51. Construction; Severability. [back to top]
It is the legislative intent that all provisions and sections, clauses and sentences of the Ordinance be liberally construed, and should any provision, section, clause or sentence be held unconstitutional or invalid, such holding shall not be construed as affecting the validity of any of the remaining provisions, sections, clauses, or sentences, it being the intent that this Ordinance shall stand notwithstanding the invalidity of any provision, section, clause or sentence. (Ord. 84-15, 85-45)
Sec. 13-52. Raffles Prohibited; Exception. [back to top]
No person shall conduct a raffle within the Village of Addison except that bona fide religious, charitable, labor, fraternal, educational or veterans' organizations shall be allowed to conduct raffles subject to the provisions of this Ordinance.
Political committees may conduct raffles without a Village license if said raffles are licensed by the State Board of Elections and otherwise conducted in the manner provided by State law (230 ILCS 15/8.1). (Ord. 90-104.)
Sec. 13-53. Definitions. [back to top]
For the purposes of this Ordinance, the terms defined in this Section have the meaning given them.
Net proceeds means the gross receipts from the conduct of raffles, less reasonable sums expended for prizes, local license fees and other reasonable operating expenses incurred as a result of operating a raffle.
Raffle means a form of lottery, as defined in Section 28-2(b) of the "Criminal Code of 1961," conducted by an organization licensed under this Ordinance, in which:
(1) the player pays or agrees to pay something of value for a chance, represented and differentiated by a number or by a combination of numbers or by some other medium, one or more of which chances is to be designated the winning chance;
(2) the winning chance is to be determined through a drawing or by some other method based on an element of chance by an act or set of acts on the part of persons conducting or connected with the lottery, except that the winning chance shall not be determined by the outcome of a publicly exhibited sporting contest.
Sec. 13-54. Licensing. [back to top]
(A) Licenses shall be issued only to bona fide religious, charitable, labor, fraternal, education or veterans' organizations that operate without profit to their members and which have been in existence continuously for a period of five (5) years immediately before making application for a license.
(B) The following limitations shall apply to all raffles licensed hereunder:
(1) The aggregate retail value of all prizes or merchandise awarded by a licensee in a single raffle shall not exceed one hundred fifty thousand dollars ($150,000.00) unless the applicant follows the procedure established in Paragraph (E).
(2) The maximum retail value of each prize awarded by a licensee shall not exceed one hundred fifty thousand dollars ($150,000.00) unless the applicant follows the procedure established in Paragraph (B)(5).
(3) The maximum price for which each raffle chance issued or sold shall not exceed two hundred fifty dollars ($250.00).
(4) The maximum number of days during which raffle chances may be issued or sold shall not exceed three hundred sixty-five (365).
(5) Any applicant requesting a license for a raffle in which the maximum aggregate retail value of all prizes or the maximum retail value of each individual prize will exceed one hundred fifty thousand dollars ($150,000.00) must receive prior approval of the Village Board of Trustees. The application for a raffle in which prizes exceed the value of one hundred fifty thousand dollars ($150,000.00) shall be made and investigated as outlined in this Article. Following the investigation the Mayor shall cause the application to be placed on the meeting agenda for action by the Board of Trustees prior to the issuance of said license.
Sec. 13-55. Conduct of Raffles. [back to top]
The conducting of raffles is subject to the following restrictions:
(A) The entire net proceeds of any raffle must be exclusively devoted to the lawful purposes of the organization permitted to conduct that game.
(B) No person except a bona fide member of the sponsoring organization may participate in the management or operation of the raffle.
(C) No person may receive any remuneration or profit for participating in the management or operation of the raffle.
(D) A licensee may rent premises only within the Village on which to determine the winning chance or chances in a raffle. (Ord. 06-40)
(E) Raffle chances may be sold or issued only within the area specified on the license and winning chances may be determined only at those locations specified on the license.
Sec. 13-56. Raffles - Manager - Bond. [back to top]
All operations of and the conduct of raffles shall be under the supervision of a single raffles manager designated by the organization. The manager shall give a fidelity bond in the sum of an amount determined by the licensing authority in favor of the organization conditioned upon his honesty in the performance of his duties. Terms of the bond shall provide that notice shall be given in writing to the licensing authority not less than thirty (30) days prior to its cancellation. The Village of Addison may waive this bond requirement by including a waiver provision in the license issued to an organization under this Ordinance. (Ord. 00-47)
Sec. 13-57. Records. [back to top]
Each organization licensed to conduct raffles and chances shall keep records of its gross receipts, expenses and net proceeds for each single gathering or occasion at which winning chances are determined.
All deductions from gross receipts for each single gathering or occasion shall be documented with receipts or other records indicating the amount, a description of the purchased item or service or other reason for the deduction, and the recipient. The distribution of net proceeds shall be itemized as to payee, purpose, amount and date of payment. Gross receipts from the operation of raffles programs shall be segregated from other revenues of the organization, including bingo gross receipts, if bingo games are also conducted by the same non-profit organization pursuant to license therefore issued by the Department of Revenue of the State of Illinois, and placed in a separate account.
Each organization shall have separate records of its raffles. The person who accounts for gross receipts, expenses and net proceeds from the operation of raffles shall not be the same person who accounts for other revenues of the organization.
Each organization licensed to conduct raffles shall report monthly to its membership and to the Village of Addison, its gross receipts, expenses and net proceeds from raffles, and the distribution of net proceeds itemized as required in this Section.
Records required by this Section shall be preserved for three (3) years, and organizations shall make available their records relating to operation of raffles for public inspection at reasonable times and places.
Sec. 13-58. Penalty. [back to top]
Any person who violates this Section shall be subject to a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00).
Sec. 13-59. Village Manager to Issue License. [back to top]
The Village Manager shall issue a raffle license to all qualified applicants. (Ord. 85-36)
Sec. 13-60. Truancy Prohibited. [back to top]
It shall be unlawful for any person under the age of eighteen (18), enrolled in a public, private or parochial school within the corporate limits of the Village to absent himself or herself from attendance at school during such period when school is in session without parental permission or valid cause.
A valid cause for absence from school shall include illness, death in the immediate family, other family emergencies, or other causes beyond the control of the person so absenting himself or herself from school, provided that parental permission for absence due to such cause is obtained, in writing, from the parent or legal guardian and is submitted to the proper school authorities within twenty-four (24) hours after such absence.
Parental permission as required by this Section shall refer to and include permission obtained from a parent, legal guardian or other adult person standing in loco parentis and having custody and control over a person under the age of eighteen (18). (Ord. 89-74)
Sec. 13-61. Penalty. [back to top]
Any person who shall so absent himself or herself from school attendance without valid cause or parental permission as provided herein shall be guilty of the offense of truancy and, upon conviction, shall be subject to a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense, and each day that such person shall absent himself or herself from school attendance shall constitute a separate offense. (Ord. 89-74)
Sec. 13-62. Solicitation Materials Delivered to Private Property. [back to top]
(A) It shall be unlawful for any person to leave advertisements, circulars or other types of solicitation materials on private property unless the solicitation materials are firmly affixed to the door of the premises with an elastic band or other fastener.
(B) It shall be unlawful for any person to leave advertisements, circulars or other types of solicitation materials on private property where a "No Solicitation" notice is posted.
(C) The prohibitions set forth in Subsections (A) and (B) above shall not apply to advertisements, circulars or other solicitation material delivered by the United States Postal Service and placed in a mailbox or mail chute.
Sec. 13-63. Impersonating Member of Police, Fraternal or Veteran's Organization, or Representative of Charitable Organization -- Use of Words "Addison Police," Etc. [back to top]
(A) A person commits a false personation when he or she falsely represents himself or herself to be a member or representative of any veterans' or public safety personnel organization or a representative of any charitable organization, or when any person exhibits or uses in any manner any decal, badge or insignia of any charitable, public safety personnel, or veterans' organization when not authorized to do so by the charitable, public safety personnel, or veterans' organization. "Public safety personnel organization" has the meaning ascribed to that term in Section 1 of the Solicitation for Charity Act (225 ILCS 460/1).
(B) A person commits a false personation when he or she falsely represents himself or herself to be a veteran in seeking employment or public office. In this subsection, "veteran" means a person who has served in the armed services or reserved forces of the United States.
(C) No person shall use the words "Addison Police," "Addison Police Department," "Addison Patrolman," "Addison Sergeant," "Addison Lieutenant," "Addison Peace Officer," or any other words to the same effect in the title of any organization, magazine, or other publication without the express approval of the Board of Trustees of the Village. Notwithstanding the foregoing, if the legal name of an organization contains any of the aforesaid words, the legal name may be used, provided that the following disclaimer is made by the organization: "This organization is not affiliated with, not do receipts go to the benefit of, the Village of Addison, Village departments or Village employees in their official capacity as employees of the Village."
(D) No person may claim or represent that he or she is acting on behalf of the Police Department or Chief of Police of the Police Department when soliciting financial contributions or selling or delivering or offering to sell or deliver any merchandise, goods, services, memberships, or advertisements unless the Village Board of Trustees has first entered into a written agreement with the person or with an organization with which the person is affiliated and the agreement permits the activity.
(E) No person, when soliciting financial contributions or selling or delivering or offering to sell or deliver any merchandise, goods, services, memberships, or advertisements within the Village, may claim or represent that he or she is representing or acting on behalf of any governmental organization by any name which includes, "officer," "peace officer," "police," "law enforcement," "trooper," "sheriff," "deputy," "deputy sheriff," "Village police," or any other word or words which would reasonably be understood to imply that the organization is composed of law enforcement personnel, unless the person is actually representing or acting on behalf of the nongovernmental organization, and the nongovernmental organization is controlled by and governed by a membership and represents a group or association of active duty peace officers, retired peace officers, or injured peace officers and before commencing the solicitation or the sale or the offers to sell any merchandise, goods, services, memberships, or advertisements, a written contract between the soliciting or selling person and the nongovernmental organization has been entered into.
(F) No person may solicit financial contributions or sell or deliver or offer to sell or deliver any merchandise, goods, services, memberships, or advertisements on behalf of a police, sheriff, or other law enforcement department unless that person is actually representing or acting on behalf of the department or governmental organization and has entered into a written contract with the Police Chief, or head of the law enforcement department, and the corporate or municipal authority thereof, or the sheriff, which specifies and states clearly and fully the purposes for which the proceeds of the solicitation, contribution or sale will be used.
Sec. 13-64. Theft. [back to top]
It shall be unlawful for any person to knowingly (1) obtain or exert unauthorized control over property of the owner or (2) obtain by deception control over property of the owner. (Ord. 05-86)
Sec. 13-65. Synthetic Alternative Drugs. [back to top]
A. For purposes of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
Product containing a synthetic alternative drug means any product containing a synthetic cannabinoid, stimulant or psychedelic/hallucinogen, as those terms are defined herein such as, but not limited to, the examples of brand names listed hereinbelow.
Synthetic cannabinoid means any laboratory-created compound that functions similarly 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, including, but not limited to:
HU-210 ((6aR,1OaR)-9-(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-a,7,10,1Oa-tetrahydrobenzo [c]chromen-1-ol)
HU-211 ((6aS,1OaS)-9-(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,1Oa-tetrahydrobenzo [c]chromen-1-ol)
HU-308 ([(1R,2R,5R)-2-[2,6-dimethoxy-4-(2-methyloctan-2-yl)phenyl]-7,7- dimethyl-4-bicyclo[3.1.1]hept-3-enyl] methanol)
CP 55,940 (2-[(1R,2R,5R)-5-hydroxy-2-(3-hydroxypropyl) cyclohexyl]- 5-(2- methyloctan-2-yl)phenol)
CP 47,497 (2-[(1R,3S)-3-hydroxycyclohexyl]- 5- (2-methyloctan-2-yl)phenol) and its homologues
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)
Synthetic stimulant means 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, including, but not limited to:
4-Fluoromethcathinone (other name: flephedrone)
3,4-Methylenedioxymethcathinone (other name: methylone, MDMC)
3,4-Methylenedioxypyrovalerone (other name: MDPV)
4-Methylmethcathinon (other names: mephedrone, 4-MMC)
4-Methoxymethcathinone (other names: methedrone, bk-PMMA, PMMC)
4-Ethylmethcathinone (other name: 4-EMC)
Beta-keto-N-methylbenzodioxyolylpropylamine (other names: butylone, bk-MBDB)
Napthylpyrovalerone (other names: naphyrone, NRG-1)
N,N-dimethylcathinone (other name: metamfepramone)
Alpha-pyrrolidinopropiophenone (other name: alpha-PPP)
4-methoxy-alpha-pyrrolidinopropiophenone (other name: MOPPP)
3,4-methylenedioxy-alpha-pyrrolidinopropiophenone (other name: MDPPP)
Alpha-pyrrolidinovalerophenone (other name: alpha-PVP)
6,7-kihydro-5H-indeno(5,6-d)-1,3-dioxal-6-amine) (other name: MDAI)
Any compound that is structurally derived from 2-amino-1-phenyl-1 propanone by modification or substitution in any of the following ways:
(1) 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;
(2) at the 3-position with an alkyl substituent;
(3) at the nitrogen atom with alkyl, dialkybenzyl, or methoxybenzyl groups;
(4) or by inclusion of the nitrogen atom in a cyclic structure.
Synthetic psychedelic/hallucinogen means 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 a psychedelic/hallucinogenic effect on the central nervous system and/or brain, including, but not limited to:
B. Products containing a synthetic alternative drug include but are not limited to products commercially referred to as:
C. Sale or delivery: It shall be unlawful for any person to sell, offer for sale or deliver any product containing a synthetic cannabinoid, stimulant or psychedelic/hallucinogen.
D. Possession: It shall be unlawful for any person to knowingly possess a product containing a synthetic cannabinoid, stimulant or psychedelic/hallucinogen.
E. Use: It shall be unlawful for any person to be under the influence of a synthetic cannabinoid, stimulant or psychedelic/hallucinogen.
Sec. 13-66. Parental Responsibility. [back to top]
It shall be the continuous duty of the parent or legal guardian of any minor to exercise reasonable control to prevent the minor from committing any delinquent act. The parent or legal guardian of an unemancipated minor residing with such parent or legal guardian shall be presumed, in the absence of evidence to the contrary, to have failed to exercise proper parental responsibility when:
(A) When he or she knowingly permits, or by insufficient controls allows, an unsupervised minor to remain in any public place or on the premises of any establishment within the Village of Addison during curfew hours.
(B) When he or she knowingly aids or abets any minor in violation of any Federal or State law or Municipal ordinance regulating the sale, purchase, use or consumption of alcoholic liquor.
(C) When he or she by act or omission, knowingly encourage or contribute to the truancy of a minor.
(D) When he or she knowingly permits a minor to commit a lewd act, or commit an act tending to disturb the peace within the Village of Addison or any other act that is a violation of any State Law or Municipal Ordinance of the Village of Addison (Ord. 14-67)
Sec. 13-67. Bully--Definitions. [back to top]
As used in this section, the following terms shall have the following meanings unless the context clearly indicates that a different meaning is intended:
(A) Bullying means any severe or pervasive physical or verbal act or conduct, including communications made in writing or electronically, directed toward a person that has or can be reasonably predicted to have the effect of one (1) or more of the following:
(1) Placing the person in reasonable fear of physical harm or harm to his or her property;
(2) Causing a substantially detrimental effect on the personís physical or mental health;
(3) Substantially interfering with a studentís or studentsí academic performance; or
(4) Substantially interfering with a studentís or studentsí ability to participate in or benefit from the services, activities or privileges provided by a school.
Bullying, as defined in this subsection, may take various forms, including without limitation one (1) or more of the following: harassment, threats, intimidation, stalking, physical violence, sexual harassment, sexual violence, theft, public humiliation, destruction of property, or retaliation for asserting or alleging an act of bullying. This list is meant to be illustrative and non-exhaustive.
(B) Course of Conduct is defined as a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose.
(C) Harassment is defined as any conduct, whether verbal, physical, written or by means of any mode of communication which is not necessary to accomplish a purpose that is reasonable under the circumstances, that would cause a reasonable person emotional distress and does cause emotional distress to another.
(D) Prohibition. It shall be unlawful for any person to engage in any bullying or harassment of a person or induce another person to engage in such bullying or harassment.
(E) Retaliation prohibited. No person shall retaliate against any person who reports any conduct which is prohibited by this section.
(F) Constitutionally protected activity. This section shall not be construed to apply to any constitutionally protected activity or speech.
(G) Parental responsibility. It shall be unlawful for any custodial parent or guardian of any unemancipated person under eighteen (18) years of age to knowingly allow or permit such person to violate the provisions of subsection (D) above. The fact that prior to the present offense a parent, guardian or custodian was informed in writing by a law enforcement officer of a separate violation of subsection (D) by the same minor occurring within ninety (90) days prior to the present offense shall constitute a rebuttable presumption that such parent, guardian or custodian allowed or permitted the present violation. (Ord. 14-67)
Sec. 13-68. General Penalty. [back to top]
where a fine is otherwise expressly provided for, any person who violates any
provision of this Chapter 13 shall be fined not less than one hundred dollars
($100.00) nor more than five hundred dollars ($500.00), and a separate offense
shall be deemed committed on each day during or on which a violation occurs or
continues. (Ord. 93-80; 96-21; 12-15; 14-67)
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