HomeMy WebLinkAboutOrd 5009 04/06/1999 ORDINANCE NO. 5009
AN ORDINANCE AMENDING CHAPTER 23, ARTICLE II OF THE MOUNT
PROSPECT VILLAGE CODE BY ADDING SECTION 23.206
Passed and approved by
the President and Board of Trustees
the 6th day of April, 1999
Published in pamphlet form by
authority of the corporate
authorities of the Village of
Mount Prospect, Illinois, the
7th day of April, 1999~
ORDINANCE NO. 5009
AN ORDINANCE AMENDING CHAPTER 23, ARTICLE II
OF THE MOUNT PROSPECT VILLAGE CODE BY ADDING SECTION 23.206
WHEREAS, due to increased technology and telecommunications services, the
Mount Prospect Police Department has experienced a substantial increase in the
number and frequency of citizen complaints concerning obscene and harassing phone
calls; and
WHEREAS, a significant number of these complaints do not warrant prosecution
in State Court under the Illinois Obscene Phone Call Act, 720 ILCS 135/0.01 et seq.
due to a lack of frequency or to the fact that the offender is a minor; and
WHEREAS, the enactment of a local ordinance prohibiting obscene and
harassing telephone calls would provide authority for the prosecution of these
complaints, would simplify the procedures necessary for prosecuting these complaints,
and would act as a deterrent to obscene and harassing telephone calls.
BE IT ORDAINED by the President and Board of Trustees of the Village of
Mount Prospect, Cook County, Illinois, as follows:
SECTION 1: That Chapter 23, Article II of the Mount Prospect Village Code be
and is hereby amended to include the following Section 23.206, entitled "Obscene and
Harassing Telephone Calls," which shall read in its entirety as follows:
Sec. 23.206. Obscene and Harassing Telephone Calls.
A. It shall be unlawful to harass any person,
household, business, firm, corporation,
organization, and/or other entity by telephone.
For purposes of this Section 23.206,
harassment by telephone shall include e-mail
or other similar electric communication.
Harassment by telephone shall be defined as
the use of a telephone communication for any
one or more of the following purposes:
1. Making any uninvited or unwanted
comment, request, suggestion, or
proposal which is obscene, lewd,
lascivious, filthy or indecent;
2. Making a telephone call, whether or not
conversation ensues, that threatens,
harasses or abuses any person at the
called number;
3. Making or causing the telephone of
another repeatedly to ring with the
intention to harass a person at the
called number;
4. Making repeated telephone calls, during
which conversation ensues, solely to
harass any person at the called number;
or
5. Permitting any telephone number under
one's control to be used for any of the
purposes stated above.
B. Penalty. Any person violating any provision of
this Section shall be fined not less than one
hundred dollars ($100.00) nor more than five
hundred dollars ($500.00) for each offense.
ECTION 2: That this Ordinance shall be in full force and effect from and
after its adoption, approvaI, and publication in pamphlet form as provided by law.
SECTION 3: That the Village Clerk be and is hereby authorized and directed
to publish this Ordinance in pamphlet form as provided by law.
ADOPTED this 6th day of April , 1999, by a roll call
vote of the Corporate Authorities of the Village of Mount Prospect, as follows:
AYES: Clowes, Corcoran, Hoefert, Lohrstorfer, Nocchi, Wilks
NAYS: None
ABSENT: None
APPROVED this 6th day of ~nril , 1999, by the President and
the Village of Mount Prospect.
Gerald L. Farley, Village Presid/ent
Village of Mount Prospect
ATTEST:
By: V/elma W. Lowe, village L,~er
Village of Mount Prospect
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