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 Chapter 9 - Miscellaneous
Sections
1 Disorderly Conduct
2 Assault
3 Battery
4 Criminal damage to property
5 Public indecency
6 Unlawful use of weapons
7 Discharging firearms, fireworks
8 Mob action
9 Barbed wire and electrically charged fences.
10 Smoke
11 Use of sound amplifiers
12 Curfew
13 Public drinking and intoxication
14 Violations

Sec. 9-1  Disorderly conduct.

A person commits disorderly conduct, which is a violation of this Code, when he knowingly:

(a)    Does any act in such unreasonable manner as to alarm or disturb another and to provoke a breach of the peace; or

(b)    With intent to annoy another, makes a telephone call, whether or not conversation thereby ensues; or

(c)    Transmits in any manner to the fire departments a false alarm of fire, knowing at the time of such transmission that there is no reasonable ground for believing that such fire exists; or

(d)    Transmits in any manner to another a false alarm to the effect that a bomb or other explosive of any nature is concealed in such place that it's explosion would endanger human life, knowing at the time of such transmission that there is no reasonable ground for believing that such bomb or explosive is concealed in such place; or

(e)    Transmits in any manner to any peace officer, public officer or public employee a report to the effect that an offense has been committed, knowing at the time of such transmission that there is no reasonable ground for believing that such an offense has been committed; or

(f)    Enters upon the property of another and for a lewd or unlawful purpose deliberately looks into a dwelling on the property through any window or other opening in it.

State law reference--Similar provisions, Ill. Rev. Stat., Chap. 38, Sec. 26-1.

Sec. 9-2  Assault.

A person commits an assault and is guilty of a violation of this Code, when, without lawful authority, her engages in conduct which places another in reasonable apprehension of receiving a battery.

State law reference--Similar provisions, Ill. Rev. Stat., Chap. 38, Sec. 12-1.

Sec. 9-3  Battery.

A person commits battery, which is a violation of this Code, if he intentionally or knowingly without legal justification and by any means:

(a)    Causes bodily harm to an individual; or

(b)    Makes physical contact of an insulting or provoking nature with an individual.

State law reference--Similar provisions, Ill. Rev. Stat., Chap. 38, Sec. 12-3.

Sec. 9-4  Criminal damage to property.

Whoever commits any of the following acts shall be guilty of a violation of this Code:

(a)    Knowingly damages any property of another without his consent; or

(b)    Recklessly by means of fire or explosive damages property of another; or

(c)    Knowingly starts a fire on the land of another without his consent; or

(d)    Knowingly injures a domestic animal of another without his consent; or

(e)    Knowingly deposits on the land or in the building of another, without his consent, any stink bomb or any offensive smelling compound and thereby intends to interfere with the use by another of the land or building; or

(f)    Damages any property with intent to defraud an insurer.

State law reference--Similar provisions, Ill. Rev. Stat., Chap. 38, Sec. 21-1.

Sec. 9-5  Public indecency.

(a)    Any person who performs any of the following acts in a public place commits a public indecency, which shall be a violation of the Code:

  1. An act of sexual intercourse; or
  2. An act of deviate sexual conduct; or
  3. A lewd exposure of the body done with intent to arouse or to satisfy the sexual desire of the person; or
  4. A lewd fondling or caress of the body of another person of either sex.

(b)    "Public place" for purposes of this section means any place where the conduct may reasonable be expected to be viewed by others.

State law reference--Similar provisions, Ill. Rev. Stat., Chap. 38, Sec. 11-9.

Sec. 9-6  Unlawful use of weapons.

(a)    A person commits the offense of unlawful use of weapons, which shall be a violation of the Code, when he knowingly:

  1. Sells, manufactures, purchases, possesses or carries any bludgeon, black-jack, sling-shot, sand-club, sandbag, metal knuckles or any knife, commonly referred to as a switchblade knife, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife; or
  2. Carries or possesses with intent to use the same unlawfully against another, a dagger, dirk, billy, dangerous knife, razor, stiletto, broken bottle or other piece of glass, or any other dangerous or deadly weapon or instrument of like character; or
  3. Carries on or about his person or in any vehicle, a tear gas gun projector or bomb or any object containing noxious liquid gas or substance; or
  4. Carries concealed in any vehicle or concealed on or about his person except when on his land or in his own abode or fixed place of business any pistol, revolver or other firearm; or
  5. Sets a spring gun; or
  6. Possesses any device or attachment of any kind designed, used or intended for use in silencing the report of an firearm; or
  7. Sells manufactures, purchases, possesses or carries any weapon from which more than eight (8) shots or bullets may be discharged by a single function of the firing device, any shotgun with a barrel less than eighteen (18) inches in length, or any bomb, bombshell, grenade, bottle or other container containing an explosive substance, such as, but not limited to black powder bombs and Molotov cocktails; or
  8. Carries or possesses any firearm or other deadly weapon in any place which is licensed to sell intoxicating beverages, or at any public gathering held pursuant to a license issued by any governmental body or any public gathering at which an admission is charged, excluding a place where a showing, demonstration or lecture involving the exhibition of unloaded firearms is conducted; or
  9. Carries or possesses in a vehicle or on or about his person any pistol, revolver or firearm, when he is hooded, robed or masked in such a manner as to conceal his identity.

(b)    The presence in an automobile other than a public omnibus of any weapon, instrument or substance referred to in subsection (1) (7) is prima facie evidence that it is in the possession of, and is being carried by, all persons occupying such automobile at the time such weapon, instrument or substance is found, except under the following circumstances:

  1. If such weapon, instrument or instrumentality is found upon the person of one of the occupants therein; or
  2. If such weapon, instrument or substance is found in an automobile operated for hire by a duly licensed driver in the due, lawful and proper pursuit of his trade, then such presumption shall not apply to the driver.

State law reference--Similar provisions, Ill. Rev. Stat., Chap. 38, Sec. 24-1.

Sec. 9-7  Discharging firearms, fireworks.

It shall be unlawful to fire or discharge any firearm in the village, or to fire or discharge any fireworks other than at an approved public display in accordance with Illinois Revised Statutes, Chapter 127 ½, Sec. 128.

Sec. 9-8  Mob action.

Mob action, which shall be a violation of this Code, consists of any of the following:

(a)    The use of force or violence disturbing the public peace by two (2) or more persons acting together and without authority of law; or

(b)    The assembly of two (2) or more persons to do an unlawful act; or

(c)    The assembly of two (2) or more persons, without authority of law, for the purpose of doing violence to the person or property of any one supposed to have been guilty of a violation of the law, or for the purpose of exercising correctional powers or  regulative powers over any person by violence.

State law reference--Similar provisions, Ill. Rev. Stat., Chap. 38, Sec. 25-1.

Sec. 9-9  Barbed wire and electrically charged fences.

It shall be unlawful to maintain or construct any fence composed in whole or in part of barbed wire, or with any similar material designed to cause injury to persons, or any wire charged with electric current, anywhere within three (3) feet of any public place, street, sidewalk, alley, park or other public way.

Sec. 9-10  Smoke.

(a)    It shall be unlawful to cause or permit the emission of dense smoke from any fire, chimney, engine, oil burner or any other agency in the village so as to cause annoyance or discomfort to the residents thereof.

(b)    For the purpose of testing and grading the density of smoke, the Ringelmann Smoke Chart, a chart which is described in the U.S. Bureau of Mines Info Circular #6888 and in which are illustrated graduated shades of gray for use in estimating the light-obscuring capacity of smoke, shall be, and is hereby adopted as, a standard for such grading, and smoke shall be, and is hereby defined as and declared to be "dense" when it is of a degree of number three of the said chart, or greater, for more than six (6) minutes in any one (1) hour whether such period of time is consecutive or not.

Sec. 9-11  Use of sound amplifiers.

It shall be unlawful to cause or permit to be operated any sound amplifier or radio so as to cause unnecessary sound audible on any street or other public place.

Sec. 9-12  Curfew.

(a)    No person less than 17 years of age shall be present at, or upon, any public assembly, building, place, street or highway at the following times unless accompanied and supervised by a parent, legal guardian or other responsible companion of at least 21 years of age or unless engaged in a business or occupation which the laws of Illinois authorize a person less than 18 years of age to perform:

  1. Between 12:01 a.m. and 6:00 p.m. Saturday;
  2. Between 12:01 am. and 6:00 am. Sunday; and
  3. Between 11:00 p.m. on Sunday and Thursday, inclusive,  and 6:00 a.m. on the following day.

(b)    No parent, legal guardian or other persons shall knowingly permit a person in his custody or control to violate this ordinance.

Sec. 9-13  Public drinking and intoxication.

No person shall in the village drink any beverage in any street or alley, or in any publicly owned space, or in any or upon any vehicle commonly used for the transportation of passengers, or in or upon any depot, platform or waiting room of any public carrier, and no person shall be drunk or intoxicated in any street, alley or public or private road or in any passenger coach or any public place or building or at any public gathering.

Sec. 9-14  Violations.

Each violation of the terms of this ordinance shall be punishable by a fine of not less than Fifty dollars ($50.00) nor more than Two Hundred dollars ($200.00) for each offense and each day that a violation continues to be deemed a separate offense.