HomeMy WebLinkAboutOrd 2826 10/03/1978
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ORDINANCE NO. 2826
AN ORDINANCE AMEND!NG CHAPTER 11 OF THE lVIUNIC1PAL
CODE OF THE VILLAGE OF. MOUN'!' PROSPECT, It;tlNOlS
WHEREAS, the President and Board of Trustees of the Village of M:ount Prospect hav '
determined and hereby find that a problem exists within its territorial limits involv-
ing the exposure of children of Elementary, Junior High School and Hig'h School age
to the use of drugs and controlled substances other than as authorized by !tnI/"; and
WHEREAS, it is a well-known and documented fact that drug use and abuse by
minors constitutes a very real and dangerous health hazard to the youth of America;
and
WHEREAS, the said President and Board of Trustees of the Village of Mount Prospec
have determined and hereby find that the display and availability for sale of certain
instruments hereinafter enumerated contributes to the usage of drugs and controlled
substances by the youth of the community by creating an atmosphere of appa.rent
condonation by the business community;
WHEREAS, it is a matter of public policy to regulate and control the public exhibi-
tion, display and sale of any and all items which are known and generally accepted
to be used to facilitate the consumption or ingestion of controlled substances or
cannabis in order to protect the health and welfare of our youths; and
WHEREAS, the President and Board of Trustees of the Village of Mount Prospect
desire to take all steps necessary to aid in the fight against drug use and abuse by
minors;
NOW, 'fHEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF 'I'RUSTEE~
OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
'EC'I'ION ONE: That, pursuant to the authority vested in the President and Board
f Trustees of the Village of Mount Pros-peet under Article VII of the 1970 Constitu-
ion of the State of Illinois, Article XXVIII of Chapter 11 of the Municipal Code of
he Village of Mount Prospect of 1957, as amended, be and the same is hereby'
urther amended by substituting! an entirely new Section for the existing Section
1.2826 and moving the current text contained within the existing Section 11,2826
o Section 11.2827--thereby, in effect, creating a new Section regulating and pro-
.:ibiting possession, display or sale of instruments used for inhaling or ingesting
ertain controlled substances; so that hereafter the said Sections 11.2826 and
1. 2827 shall be and read as follows:
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SECTION 11. 2826. C9ntrolof Cont.roUeg. ~t1b~t~J1.c~S gnd Instrt'(ments
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Used forlnha~ing or Ingestion of Controlled Substances.
A. It shall be unlawful for any person, firm or corporation to have,
possess, sell, offer to sell, dispense or give away any pipe, d.evice
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 instrumr:nt has
been used for the purpose of smoking or inhaling or ing1csting a
controlled substance.
B. It shall be unlawful for any person. firm or corporation to sell or
display any instrument as defined in this Chapter in or upon any
premises which: (1) is a premises open to minors; or (2) is in
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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.
c. 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 this Section, close proximity means
within 1,500 feet on a straight line commencing at the property
lines nearest to each other.
Controlled Substance - As used in this Section, controlled sub-
stance 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:
1. Metal, wooden, acrylic, glass s stone s plastic, or
ceramic marijuana (Cannabis Sativa) or hashish
pipes with or without screens, permanent screens,
hashish heads, or punctured metal bowls.
2. Water pipes designed for use or intended for use with
marijuana (Cannabis Sativa) hashish, hashish oil,
or cocaine.
3. Carburetion tubes and devices.
4. Smoking and carburetion masks.
5. Roach clips.
6. Separation gins designed for use or intended for use
in cleaning marijuana.
7. Cocaine spoons and vials.
8. Chamber pipes.
9. Carburetor pipes.
10. Electric pipes.
11. Air driven pipes.
12. ChiIams .
13. Bongs.
14. Ice pipes or chillers.
Minor - As used in this Section, the term minor shall mean any
person who has not attained 18 years of age.
Place of Display - As used in this Section, place of display means
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any museum, library, school or other similar public place
upon which business is not transacted for a profit.
Premises Open to Minors - 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 .
1. A violation of this Section is hereby declared to be a public
nuisance and shall be subject to abatement as provided by law.
2 . Any person. firm or corporation that shall violate any of the
terms of this Ordinance shall be fined not less than Fifty
Dollars ($50) nor more than Five Hundred Dollars ($500).
In cases of illegal display, each day that a violation exists
shall be deemed a separate offense.
SECTION 11.2827. Revocation of Licen~e. All1icenses issued under
this Article may be revoked by the Village Manager, or an applica~ion for
issuance or renewal of such license may be refused by the Village Clerk,
in the manner provided for such proceedings in Chapter 10 of this Municip 1
Code. IT
SECTION TWO: That this Ordinance shall be in full force and effect from and after
its passage, approval and publication in the manner provided by law.
AYES: 5
NAYS: 1
ABSENT: 0
PASSED this 3rd
day of
October
, 1978.
APPROVED this 3rd
day of
October
, 1978.
APPROVED:
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L-tVCr;c I'V. /1~
Village Pres! ent -
ATTEST:
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