HomeMy WebLinkAboutOrd 3424 06/05/1984ORDIli~I~CE NO. 3 4 2 4
~ ORDIN~M~CE TO ~ND ~RTICLE I
ENTITLED =GENERAL O~ENSES= OF CHAPTER 23
OF 'EHEVILL~GE CODE OF lqOUNT PROSPEC'I~ 1LLINOI5
P~SSED MD ~PPROVED BY
'tHE PRESIDENT ~ BOARD OF TRUSTEES
THE 5th D~¥ OF June , ~984.
Published in pamphlet ~o£m by
au~ho£it¥ o~ the co£po£ate
autho£i~ies o~ the V~llaqe o~
~ount P£ospect. Illinois ~he
5~h day o~ June . 1984.
VILL
23
ORDINANCE NO. 3424
AN ORDINANCE TO AMEND ARTICLE I
ENTITLED "GENERAL OFFENSES" OF CHAPTER 23
OF THE VILLAGE CODE OF MOUNT PROSPECTr ILLINOIS
E IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
GE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
ECTION ONE: Article I entitled "General Offenses" of Chapter
the Village Code of Mount Prospect, Illinois (1981) is amended
llows:
By amending Subsection B.15 of Section 23.101 entitled
"Disorderly Conduct" to read as follows:
"15. Makes continuous or causes to be made by use of
any shouting or any outcry, or by use of any horn,
bell, radio, loudspeaker, amplifying system, or by
operation of any other instrument or device, any
unreasonably loud, disturbing, and unnecessary noise
or noises upon any of the streets, alleys, parks or
other public places of this Village, or upon private
premises in said Village, which noise or noises are of
such character, volume, intensity, and duration as to
be plainly heard upon the streets, alleys, parks or
other public placgs so as to disturb the peace and
quiet of the Village or any portion thereof or to be
detrimental to the life and health of any individual."
By amending Section 23.108 entitled "AdvertiSements and
Handbills" to read as follows:
"Sec. 23.108. Advertisements and Handbills.
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Advertising. It shall be unlawful to advertise any
unlawful business or article in the Village, and it
shall be unlawful to injure or deface any lawful
advertisement or notice.
Merchandise and Medical Advertisements. It shall be
unlawful for any person by himself, or his or its
agents or servants to distribute, cast, throw or place
or cause to be distributed, thrown, cast or placed in,
upon or along any of the streets, alleys or other
public places in the Village, or upon the porches or
yards of private residences therein or within any
dwelling or building in the Village, any samples of
merchandise or medicinal preparations for the purpose
or with the intent of advertising or making known in a
general or promiscuous manner any business,
occupation, proposition, medical treatment, medicine
or any other article whatsoever.
Posting Prohibited in Certain Cases. No person shall
post, stick, stamp, paint or otherwise fix or cause
the same to be done by any person, any notice,
placard, bill, card, poster, advertisement, or other
paper or device calculated to attract the attention of
the public, to or upon any sidewalk, crosswalk, curb
or curbstone, flagstone, or any other portion or part
of any public way or public place, or any lamp post,
electric light, telegraph, telephone or railway
Fe
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structure, hydrant, shade tree or tree-box, or upon
the piers, columns, trusses, girders, railings, gates
or other parts of any public bridge or viaduct, or
other public structure or building, or upon any pole,
box or fixture of the fire alarm or police telegraph
system, except such as may be authorized or required
by the laws of the United States, or State of
Illinois, or ordinances of the Village.
Littering or Throwing Handbills. No person shall
throw, cast, deposit, damage, lay, place or scatter in
or upon any public place or public property or
appurtenance any placard, handbill, pamphlet,
circular, book notice, paper of any kind, coal, ashes,
dust, manure, rubbish, garbage, refuse matter or
article, or thing of any kind.
Distribution on Uninhabited or Vacant Private Premises.
It shall be unlawful for any person to distribute,
deposit, place, throw, scatter, or cast any commercial
or non-commercial handbill in or upon any private
premises which are temporarily or continuously
uninhabited or vacant.
Name and Address of Printer and Distributor of
Handbills. It shall be unlawful for any person to
distribute, deposit, scatter, hand out or circulate
any commercial or non-commercial handbill in any place
under any circumstances, which does not have printed
on the cover, front or back thereof, the name and
address of the following:
The person who printed, wrote, compiled or
manufactured the same.
2. The person who caused the same to be distributed.
Posting of Objectional Matter or Material; Owner's
Responsibility. It shall be unlawful for the owner,
lessee, occupant or agent of premises to permit any
person, whether licensed or acting under the terms of
this Article, or otherwise, to post, affix or
otherwise attach to any building, structure, or
fixture located upon such premises, whether such
fixture be natural or artificial, any poster or
handbill containing any matter prohibited by the terms
of this Article.
Handbills Offensive to Public Morals. It shall be
unlawful for any person to post, to hand out,
distribute or transmit any sign, or any commercial or
non-commercial handbill:
Which may reasonably tend to incite riot or other
public disorder, or which advocates disloyalty to
or the overthrow of the government of the United
States or of the State of Illinois, by means of
any artifice, scheme, or violence, or which urges
any unlawful conduct, or encourages or tends to
encourage a breach of the peace or good order of
the community; or
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Which is offensive to public morals or decency,
or which contains blasphemous, obscene, libelous
or scurrilous language."
By amending Section 23.114 entitled "Penalty" to be
entitled instead "Mini-Bikes, Go-Cart and Snowmobiles;
Limition on Operation" to read as follows:
"Sec. 23.114 Mini-Bikes, Go-Cart and Snowmobiles;
Limition on Operation. It is hereby declared to be
unlawful and shall constitute a nuisance for any
person, whether operating any mini-bike, go-cart or
snowmobile upon properties and places allowed under
the terms of this Article or not, to operate such
mini-bike, go-cart or snowmobile:
Without proper mechanical equipment, including
but not limited to:
1. Adequate brakes.
A muffler, in good working order, which
prevents excessive or unusual noises; or
Within five hundred feet (500') of any dwelling
unit, except where such operator is either the
owner, lessee or invited guest of the owner or
lessee of such dwelling unit; or
At a speed greater than reasonable and prudent
under the conditions then existing and in no case
at a speed greater than thirty (30) miles per
hour; or
De
In a careless, reckeless or negligent manner so
as to endanger the person or property of another
or to cause injury or damage thereto; or
E. While under the influence of intoxicating liquor
or narcotics; or
To hunt, pursue, or kill any wild bird or animal,
or
G. To commit any crime; or
H. While in possession of any firearm, unless
authorized by law; or
Between the hours of ten o'clock (10:00) P.M. of
any given day and seven o'clock (7:00) A.M. of
the following day."
By adding a new Section 23.115 to be entitled "Control of
Controlled Substances and Instruments Used for Inhaling or
Ingestion of Controlled Substances" to read as follows:
"Sec. 23.115. Control of Contolled Substances and
Instruments Used for Inhaling or Ingestion of
Controlled Substances.
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It shall be unlawful for any person to have,
possess, sell, offer to sell, dispense or give
away any pipe, device or contrivance adapted for
the use of smoking or inhaling any controlled
substance, which said pipe, device or contrivance
is herein defined as an instrument; provided,
however, that such pipe, device or contrivance
defined herein as an instrument has been used for
the purpose of smoking or inhaling or ingesting a
controlled substance.
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It shall be unlawful for any person to sell or
display any instrument as defined in this Section
in or upon any premises which:
1. Is a premises open to minors; or
Is in close proximity to any public or
private school, day care center, nursery,
church, synagogue or other place of worship,
park, or any facility holding a liquor
license; unless such premise is a place of
display.
Definitions: Unless the context otherwise
requires, the following terms as used in this
Chapter shall be construed according to the
definitions given below:
CLOSE PROXIMITY:
As used in
within one
a straight
nearest to
this Section, close proximity means
thousand five hundred feet (1,500') on
line commencing at the property lines
each other.
CONTROLLED SUBSTANCE:
As used in this Section, controlled substance
means any drug or controlled substance as defined
under any law of the State of Illinois or of the
United States of America.
INSTRUMENT:
As used in this Section, instrument means a
device used, designed for use, or intended for
use in ingesting, smoking, administering or
preparing cannabis, cocaine, phencycledine, opium
or any derivative thereof, or any other
controlled substance, and includes the following:
D.
E.
F.
H.
J.
K.
L.
M.
N.
Metal, wooden, acrylic, glass, stone,
plastic or ceramic marijuana (Cannabis
Sativa) or hashish pipes with or without
screens, permanent screens, hashish heads or
punctured metal bowls.
Water pipes designed for use or intended for
use with marijuana (Cannabis Sativa)
hashish, hashish oil, or cocaine.
Carburetion tubes and devices.
Smoking and carburetion masks.
Roach clips.
Separation gins designed for use or intended
for use in cleaning marijuana.
Cocaine spoons and vials.
Chamber pipes.
Carburetor pipes.
Electric pipes.
Air driven pipes.
Chilams.
Bongs.
Ice pipes or chillers.
MINOR:
As used in this Section,
mean any person who has
(18) years of age.
the term minor shall
not attained eighteen
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PLACE OF DISPLAY:
As used in this section, place of display means
any museum, library, school or other similar
public place upon which business is not
transacted for a profit.
PREMISES OPEN TO MINOR:
As used in this Section, premises open to minors
means any business establishment which sells its
wares or merchandise to minors or which permits
minors to enter into its place of business.
SCHOOL:
As used in this Section, school means any public
or private elementary, junior high or high school.
D. Penalty:
A violation of this Section is hereby
declared to be a public nuisance and shall
be subject to abatement as provided by law.
Any person that shall violate any of terms
of this Section shall be fined not less than
fifty dollars ($50.00) nor more than five
hundred dollars ($500.00). In cases of
illegal display, a separate offense shall be
deemed committed for each day such violation
continues to exist."
By adding a new Section 23.116 to be entitled "Penalty" to
read as follows:
"Sec. 23.116 Penalty. Any person violating any
provision of this Article, other than Section 23.115
hereof, shall be fined not less than twenty five
dollars ($25.00) nor more than five hundred dollars
($500.00) for each offense."
~CTION TWO: This Ordinance shall be be in full force and
upon its passage, approval, and publication in pamphlet form
:ordance with law.
and APPROVED this 5th day of J1]ne
, 1984.
Arthur, Farley,
None
: Murauskis
~e Clerk
Floros, Van Geem, Wattenberg
Villag~President