HomeMy WebLinkAbout1259_001MINUTES
COMMITTEE OF THE WHOLE
MAS" 9,9 1995
I's CALL. TO ORDER
Mayor Gerald Farley called the meeting to order at 7.*32.p.m. Present at the
meeting were* Mayor Gerald L. Farley; Trustees George Clo es, Timothy
Corcoran, Richard Hendricks, Paul Hoefert, Michaele Skowron and Irvana Wilks.
Also present at the meeting were: Village Manager Michael Janonis, Assistant
Village Manager David Strahl, Communications Administrator Cheryl Pas alic,
Human Services Director Nancy Morgan, Environmental Health Coordinator Robert
Ro is and Community Development Director William Cooney.
THNOW
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Maureen Comeaux stat dd that -the Northw 6'st Commu h Ity Hospital wo,uld be liable
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V110 A N 11 Y',OT"H'ER,B
S'"tNESS
Trustee Clow s stated that the Youth Sports and More Festival is scheduled for
May 21 at the Rlex.
TrusteeSkowron ztated that Coffee with Council will be May 13 at 9:00 a.m. at tha
Village Hall..
maor "ri -y wished Trustee Hendn*cks andhis wife happy anniversary.
0 I
Closed Session adjourned at 10.*08 p.m.
Vill, ADJOURNMENT
There being no further business, the meeting was adjourned at 10:09 p.m.
Respectfully submitted,
DAVID STRAH L
DS/rcc Assistant Village Manager
5
Oi
'Village of Mount rorm ect
Mount Prospect, Illinois
INTEROFFICE MEMORANDUM
TO: MAYOR GERALD L. FARLEY AND BOARD OF TRUSTEES
FROM: VILLAGE MANAGER
DATE: MAY 5119956;
SUBJECT: GANG SUPPRESSION ORDINANCE
Attached please find the most recent draft of the proposed Gang Suppression Ordinance
along with a background memo from Buzz Hill. As you know, we are scheduled to begin
discussing this item at the May 23 Committee of the Whole meeting.
Since its inception, the proposed Ordinance has gone through at least four revisions. The
redrafting efforts have focused on (1) Addressing the needs of all segments of our
co�mmunity and (2) Cre,ating a legally defen,dable,Ord,i'nance. I belie ve 'that 'the attached
draft is very close toaccomplishing those two �goal,s. Two� areas that co,nt[nueto undergo
refinement are expanding the reach of the Ordinance to Park Districtproperties and
looking at the reach of the Ordinance with regard toprohibiting guns in schools.
Besides review and comment by the Village Board, it is also contemplated that the
proposed Ordinance will be shared with local Schlool Districts,, Park Districts and Library
District to solicit their input and, hopefully, garnertheir support,. The wider distribution is
anticipated to take place during the week of May 8.
41,
Please review the draft Ordinance and Buzz's memo and ifyou have any questions or
comments, please direct them to either Trustee Wilks or me.
M E J/rcc
C: Village Attorney Everette M.
Police Chief Ronald Pavlock
�11
13
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Everette M. Hill, Jr.
(312) 876-7874
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TO;
FROM*
DATE:
SUBJECT:
ARNSTEIN & LEHR
120 SOUTH RIVERSIDE PLAZA - SUITE 1200
CHICAGO, ILLINOIS 60606-3913
(312) 876-7100
11
FAX (312) 876-0288
FOUNDED 1893
Mr. Michael Janonis
Everette M. Hill, Jr.
Gang Suppression Ordinance
HOFFMAN ESTATES, ILLINOIS
WEST PALM BEACH. FLORIDA
MILWAUKEE. WISCONSIN
As you are aware, I have been working with the staff and Trustee Wilkes in the
preparation of an ordinance, the purpose of which is to attempt to address some of the
problems with street gangs in Mount Prospect. A number of municipalities in the Chicago
area have adopted measures for the purpose of suppressing gang activity. Additionally,
the State of Illinois has adopted certain legislation to attempt to accomplish this purpose.
As a basis for this ordinance, we used some of the ordinances from our fellow
municipalities, the State law and much of what we had already written in various parts of
our Code. With respect to the form of this ordinance, our first objective was to bring all of
the existing Mount Prospect legislation dealing with youth offenses and gang type of
activity together in one Article. You will note that we have taken our parental
responsibility/underage drinking article out of the liquor chapter and placed it into this
chapter. We will, however, continue to make reference to it in our chapter on alcoholic
beverages. We have added a number of definitions and one completely new section to the
underage drinking portion. This memo will cover each section of the new ordinance,
except for those which are taken from our existing underage drinking ordinance.
a,g
L''I'* on,220*0,1 "Dgftot" ll "'glis". The following definitions are new: Course or Pattern
Q
of Criminal Activity, Gang or Street Gang, Gang Activity, Juvenile, Unemancipated Minor
and Unsupervised. Most of the new definitions were created to enhance the sections
relating to street gangs and were done working very closely with the Police Department.
One note of caution is that we use various terms throughout the ordinance to relate to
different stages of adolescent chronology. For purposes of the use of alcoholic beverages
we use 21 years of age and the general reference in that regard is to "underage drinking".
In other sections, we speak of minors and use that term to refer to any person under the
age of 18. Minors are then divided into the category of emancipated and unemancipated.
Mr. Michael Janonis
May 2, 1995
Page 2
We have stayed away from the use of the term "juvenile$) so as not to confuse that term
with the way in which it is used under the Juvenile Court Act which refers to persons under
17 years of age.
q ie,s"'.
OrVoiating,,5, Za This section
ion 23,-QQ,2 g b o o, I $.adg
assures that a person violating either a local ordinance or state law within 200 feet of any
public, private or parochial school must be ordered to perform community service. If the
offender is a non -student, that person will be prohibited from going within 200 feet of the
school for two years. This section was created upon the recommendation of Trustee
Wilkes. It is my understanding that it has been well received by the Police Department and
the Police Department School Liaison Officer.
.Eggt $ U U. n I a,wf
to 23-05 1 l L\,ssy ofM*I
no[§,", This is a very significant section
in that it makes it an offense for any person to stay at a premises or in a vehicle when that
person knows that an underage person is drinking on the same premises. This is aimed
directly at teenage drinking parties. As you are aware, it can be very difficult for our
policemen who find a teenage drinking party to make arrests because as soon as they
arrive the drinkers put down their alcohol and unless the officer can testify that he actually
saw the beer in the hands of guests, we do not have a case against the guests. With this
ordinance, simply remaining at the party under circumstances where the guests knew or
should have known that underage persons were drinking will constitute an offense. We
have made an exception for people under 16 years of age who are at their own home and
not participating in the drinking. The purpose of this was to protect a younger adolescent
who may be at home when an older brother or sister, perhaps 19 or 20 years of age, is
sponsoring a party where underage drinking is occurring.
This is a restatement of our
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Section, 23--6,12....
existing Section 23-602.
S N21&This was previously covered under Section 23-601 of our 1 L�Qu
Code. While it is very similar to our existing legisl-a'tion, we have tried to clarify the
exceptions found in subparagraph C.
ti n 23.-614, ".Truancv"., Once again, this is not significantly different from our
existing truancy law found in Section 23-604. It does give a police officer the additional
right to reasonably detain a person who appears to be school age and is out in public
without a parent or guardian at a time when school is in session.
S,ggIpm 21,&15.,
re al
"Fa aLm, ul
i I , a We currently generally regulate the use
of firearms under Section 23-109 of our Code. The new section is very specific in
Mr. Michael Janonis
May 2, 1995
Page 3
prohibiting all firearms from schools, prohibits possession of handguns by persons under
21 (except for very limited circumstances). Further, adults who provide firearms to minors
may be vicariously liable for injuries caused by them.
Sp.glion 22!-,616 "Vandal "
" "
nam ,., This was our previous 23-404 and has not been
changed significantly. We have also included graffiti under this section. Graffiti was
previously included under our building code. the new subsection ongraffiti makes it an
offense, except in certain specific circumstances, for an underage person to be in public
with spray paint. Further, it reduces the permitted time for graffiti removal from 14 to 7
days.
Se
41 ictlgo 23-61,71:, 1 1Cag..,ng This section deals with the use of gang
signs in public places. Additionally, we make it an offense to alter clothing in such a way
that the clothing denotes gang membership. Some municipalities have made it an offense
to wear certain kinds of clothing, such as certain baseball hats and athletic team jackets.
It was our opinion that such legislation will probably be ultimately be struck down by a court
as too restrictive. We tried to make ours more specific in terms of the altering of the
clothing or the wearing of clothing which specifically denotes membership in a gang.
en
,5ecti!�t 21h,,: 118 _1,"Lo*t blIg,111,11 .......... foi Jbe Purpose of ,.Qg,,.us1*na.S1rget Gaa,,1g1Aqt�L-v
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RecruRmen 'I led I ta, Prob'b"k , This section makes it unlawful to attempt to recruit for an
membership or to otherwise be in a public area for the purpose of conducting gang
activities.
diwo 2 34,"_! this makes it an offense to use the streets or other public places for
the purpose of trying to transfer controlled substances. It also gives our police officers the
right, under very specific circumstances, to detain persons upon a reasonable suspicion
that drug activity may be taking place.
ion
If
Sect
JQ%Ugs J - This particular section
does not necessarily expand on existing police powers. The police currently have the right
to detain, for a reasonable period of time, persons whose activity gives rise to a reasonable
suspicion that criminal activity may be afoot. This is often referred to as a "Terry" stop,
named after the United States Supreme Court case which approved this kind of police
activity. Our attempt under Section 23-620 is to make T_ erre applicable to gang -type of
situations.
eg.1h I g. n .. ... .... 23.&21. Winjo
Off, p n r ngMigI Best -on OW14v gf..,Egrent or Le
This section makes parents of unemancipated minors liable for the actual
damage caused to property of third parties by the wilful or malicious act of the minor. It
Mr. Michael Janonis
May 2,1995
Page 4
then sets forth the standards to b i used by the courts in determining the amount of
damages.
.S. e o a..2.376,22."Ima jaining Public' Nu, nce again, this i's a significant
.......... ..... 0
section in that it permits the Village to seize a building in which drug related or other
felonious activity is taking place.
I I en The penalties section now permits a court in
.S,eQf*Qn,23,&22 iQ
cases of an underage person abusing alcohol or drugs to require that the offender attend
a licensed evaluation and counseling program in lieu of paying a mandatory fine. The
judges in the Third District, even those who are very supportive of the provisions of our
ordinance, have requested that we consider this provision.
'Yg�hicle gjjgiz u rg - an dIMD undMent"'
Section 1 �-1 8 This permits the Village to
seize and impound vehicles which are being used for drug or other misdemeanor or felony
offenses.
If you have any questions With regard to this ordinance, please contact me.
50369 1
Mo.
1! Iv
ORDINANCE NO,
AN ORDINANCE TO SUPPRESS STREET GANG ACTIVITY
ITY
IN THE VILLAGE OF MOUNTPROSPECT
COOK COUNTY, ILLINOIS
9
WHEREAS, the Village of •Mount Prospect is authorized and empowered to
rovid
for the protection of thepublic health, safety, morals and welfare; and
WHEREAS, the rapidly spreading pattern of stre
ng activity poses an immediate
threat to the public health, safety, morals and welfareof the commune ty; and
WHEREAS, it is necessary to repel the advance of such activities in the community
0
by every means authorized by the laws of the State -
of inois; and
WHEREAS, the Village of
Mount Prospect is authorized and empowered by statute
to adopt and enforce theprovisions of this ordinance; and
WHEREAS, graffiti isplaced on public and privateproperty by individuals and by
groups of individuals who as,acute
together in gangs which end•
orse the act of placing
graffiti on property; and
WHEREAS, the presence ofgraffiti onpublic
offends the aesthetic sensibilities of Villa andpnva e pe, ty wi in e Village
-qe residers
s decreases a pe values, •is
destructive to Property and fosters criminal activity; and
WHEREAS, the President and Board of Trustees of the Village Of Mount Prospect
hereby find and determine that graffiti as herein defined •constitutes a nuisance which
should be abated; and
WHEREAS, the Village of Mount Prospect is authorized and empowered by statute
to enforce the Provisions of the Illinois' Parental Responsibility Law (740 ILCS 115/4 et.
I
WHEREAS, it is the Policy of the Village of Mt. Prospect to join in any efforts by
surrounding communities to curtail unlawful a c"tivities; and
WHEREAS, gangs utilize private dwellings and buildings to conduct an
V V
rl�oft
activities and to recruit gang members, posing an immediate IV0 he community.
now, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, AS
FOLLOWS:
CTION 1: Tha
t Section
JANAPOSAN&I "reftmbeite"d;
06.'tNill be:
to 241.4 0411
Gr6 ffifi Sect
10
tioh 24-404"P6
aPe
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0ff6nders,6-Fin,",a*'n ell l
S'ibilit of arnt o'f1ecal GUa
. y,.. I " e eleted and th, t Article
raian"
a
VI of Chapter -29 23 of the Mount Prospect Village Code be amended by deleting them
in
,4q entirety and inserting in lieu thereof a new Article VI which shall be and read as
follows:
Article VI
Age and Gang Related Offenses
n,_23_oS01. Dfl" 1 * "
,e,� jn�.' ns.
ALCOHOLIC LIQUOR/
BEVERAGE(S): A. Any spirits, wine, beer, ale or other liquid intended as a
beverage and containing more than one-half of one
percent (.5%) of alcohol by volume.
B. Any beverage containing and scientifically detectable
trace of alcibho] and commonly known as "near, beerri,
16 IV f
nonalcoholic beer", or "nonalcoholic wine, PI whose
taste, color, odor and consistency are similar to the
alcoholic beverages known as beer and wine and,
I
except for the reduced alcohol content, is marketed as
being similar to beer or wine.
CONTROL OF
PREMISES: The legal or beneficial ownership rental, lease or holdin, of a
license shall constitute co I g
ntrol of , roperty. Control may also
exist where none of the aforesaid le, al relat"ons,h"
1Ps,aPply, but
where an adult is otherwise in charge of or charge,d with
controlling a particular premises.
COURSE OR PATTERN
OF CRIMINAL ACTIVITY: f"ealnla., tvyle Two or more gang -related criminal X%ffen woffenses
.011
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when: (i) one or more of the offenses was commifted after the
effective date of th,is Article. VI* and 11 11
t le off6mes were
committed within five (5) yearsofeach other,11 and (iii) at least M
t, con
one offense involved the solicitation to comm'I spiracyto
off6ase definield a,,s a felony eF
commit, or comm'ssion of
3
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le 11fino's Cr*rn nal Code.
DELIVERY OF
ALCOHOLIC LIQUOR,,, The sale, giving or exchange, of an alcoholic 1,1qu3ior "from on
0
person t another. Delivery, is meant to Mclude the proviislo
of4ny alcoholic beverage by whatever means to one, perso,
'from another. I
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GANG:A
f"ean-a an Any mgoingorqantzat,ion, association or group of
tree or more persons, whether forma] or informal,
engages ingang activitty- and at Ieat two of,whose, memble,
0 S
Individually or collectively engage in or have engaged in a
pattern of criminal activity.
GANG ACTIVITY.- f"ee,1919 t' The commission, ahem ted commission- or
solicitation, with the intent to promote the commission of two
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3
or more acts by gang members, of the following offenses:
murder, drug 1"nduced ho, !l'c'l�,,de,,,k,ldn,ap,l*n�g, forcible detention,
aggravto assault -discharging firearm,, aggravated batte,,ry,
heinous baftery'. aggravated battery with firearm,, aggravated"
battery of a child', aggravated battery of a senior citizen
intimidation, compelling pelling organization membership of persons
home invasion, damage or trespass to property, aggravated'
criminal sexual assault, robbery, armed robbery, burglary,
residential burglary, criminal fortification of a residence or
building, arson, aggravated arson, possession of explosives or
incendiary devices, unlawful use of weapons, unlawful use or
possession of weapons by felons or persons in the custody of
the Department of Corrections, aggravated discharge of a
firearm, mob action/violence, bribery, armed violence,
manufacture or delivery of cannabis, cannabis trafficking,
calculated criminal cannabis conspiracy and related offenses
illegal manufacture or delivery of a controlled substance'
controlled substance trafficking, calculated criminal drug
conspiracy and related offenses.
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WV IV
GUARDIAN: See Legal Guardian,
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IMPAIRMENT: Any di'minution or comprornise of a person's phlysiical, mental
0,
or, perceptual ablilifil,es due to the coinsumption of an alcoholl"c
beveragelk Impairment d'oes, not require that the blood'alcohol
content be in excess of any particular gram of alcohol to
milliliters of blood or breach ratio.
if 1 2:1 0 9,
it 160 L** 0 r-1 I t 4 A wza A a
KNOWINGLY: Having general knowledge of, or reason to know, or a belief or F
ground for belief which warrants further inquiry or inspection. ew
PARENT: A natural or adoptiveparent ora' court designated guardian.
RECKLESSLY: Acting in, a manner or under circumstances such as evince
disregard of, or indifference to, consequences involving danger
to the property, life or safety of others.
UNDERAGE RERSgN,,
e Ily-be
Any person under twenty-one (21) years lof age. This t'rm Will-'Aypica
a-flIdo"',holic Iiq u--ot
ff
:oenses.
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UNEMANCIPATED
MINOR: A person under the age of eighteen (18) years still under the
care and custody of his or her parents.
UNSUPERVISED: A lack of visual of e oversight coupled with lack of sufficient
proximity to obtain immediate control over an item or minor.
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App
440 1
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PARENT: A natural or adoptiveparent ora' court designated guardian.
RECKLESSLY: Acting in, a manner or under circumstances such as evince
disregard of, or indifference to, consequences involving danger
to the property, life or safety of others.
UNDERAGE RERSgN,,
e Ily-be
Any person under twenty-one (21) years lof age. This t'rm Will-'Aypica
a-flIdo"',holic Iiq u--ot
ff
:oenses.
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f
UNEMANCIPATED
MINOR: A person under the age of eighteen (18) years still under the
care and custody of his or her parents.
UNSUPERVISED: A lack of visual of e oversight coupled with lack of sufficient
proximity to obtain immediate control over an item or minor.
LIABILITY: That liability which is implied as a matter of law even though
theperson may not have directly caused an injury to another
14 person.
WILLFUL: Proceeding from a conscious and voluntary intentional notion 166u)
of the will.
Sec. 23-602. Enhanced Penalties for Violating School Safe Zones,
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10
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Sec. 23-603. Regulations with Respect to Underage Persons and Alcohol.
Nothing in this Section shall prohibit any persons under the age, of tw, nty one (21)
1
years but at least nineteen (19) years of age from delivering alcoho'! to customers of a
Village of Mount, Prospect Class D, E, F1 G, H9 M, P, R, S, S1, or W license holder while
in the employ of the license holder.
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OF
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B. It shal I I be unlawful for any personto whom the sale, gift or delivery of any alcoholic
A
liquor Is probibited because oifage, to consume, purchase, acce t a giftof or have
4 P
:such alcoholic Jiquor, In his or, ner possession. The prohibitions set forth in this
s,ubseiction(B) shall not appi Ircurnstances described in Se0:2
ction
603. 1 yin the c* 23.o
#
D* No person shall transfer, alter or deface any identificati"on card; use any
identi"fication card ofanother; carry or use a false ortrged identification card- obta"
in
an [denti"fication card by means of false information,orotherwise misrepresent age
for the purpose of purchasing or obtaining alcoholic liquor in the Village of Mount
Prospect. (See Section 23-606)
E., In every place in the Village, where alcoholic liquor is sold there shall bedisplayed
at all times i "'
n a prominent place a pnnted card which reads substantially as follows:
"UNDERAGE DRINKING."
If you are under 21, you are subject to a mandatory fine of $500,00 if
you purchase an . y alcoholic liquor. If you misrepresent your age for the
purpose of purchasing or obtaining any I alcoholic liquor, you will also
be subject to restricted driving privileges within the Village of Mount
Prospect,, If you buy for or deliver an alcoholic beverage to an
underage person, you will be subject to a mandatory fine of $1 1000.009
—N
Sec. 23-604. Consequences of Facilitating the Use of Alcoholic
Beverages by Underage Persons,
A. D-e-.-1iv-qQLQf AICO 11c BgyeEg-c-te-to, anUnderagg so, It shall be unlawful for any
person, regardless of relationship, age or circumstances, to deliver any alcoholic
beverage to any underage person, except as set forth in Subsection (C),
B. Use � f P Ise ns, ,r)t"
Q Le. m, s Lo r Q� um, 100, [
,QTa,,
n Al coholLeveLag-e,, It shall be unlawful for
any person to knowingly permit or to knowingly or negi-ig e-ntly fail to prevent, on
premises under his or her control, the consumption of an alcoholic beverage by an
7
underage person. This Section shall apply to both residential and commercial
premises.
9
C. Subsections (A) and A of this Section shall not apply in the following
circumstances:
1. The performance of a bona fide religious service.
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b. The parent shall remain vicariously liable as set forth in Subsection
(lam} of this Section.
DIN Penaltv. Any person found guilty of violating Subsection (A) or (B) of this Section
shall be fined in the mandatory amount of A04110WQ
One T-houtand
DdIlArs ($1 1000.00).
- . . . I
E. Vicarl"Ou's WabilibL11P.La" Pamnf . ..... or, .-oa Fat iiatgfin. g U�
Qther Per I I
- 'a Q _.,gIIII-Lh I Mor Atp.,ge,o,
Alcoh ,,es. The following persons shall be liable to any individual who
mim'.-B,'everao
has been injured by an alcohol impaired underage person when the impairment is
a contributing cause of the injury:
1. Any person who delivered or permitted the delivery of an alcoholic beverage
to the underage person. The person making or permitting the initial delivery
to an underage person remains liable to anyone injured by the same or
different underage person regardless of how many times the alcoholic
beverage changed hands.
2. Any person in control of a Iprernises, who knowingly or negligently fails to
maintatin superviision 'to such an extent that an alcoholic beverage is
consumed on the premises byan underage person.
WAO
07 men
Unlawful Assembly by Minors,
tt
Except for licen, ed retail establishments se and .ani �o the extent permi ed by
Chapter 13 Of this"Code or as permitted by Section
604 •of this Chapter 23, it shall be
unlawful for any person under the age of twenty-one (21 ) years to remain in any motor
vehicle, house, apartment, room, hotel room, shed, yard- or other area when the person
knows-, or reasonably should know; that one (1) or mare other persons under the age of
twenty-one (2 1) years whd are located in or on the premises a ' -
re in possession of any
alcoholic beverages. This shall nota to persons under sixteen (1 f} years of age who
are in their own home and are not drinking alcoholic beverages •or are not responsible for
holding the party or event.
Whenever a person is present within any motor vehicle, house, apartment, room,
hotel room, shed, yard- or other area of which suchperson is the owner, lessee, permittee,
bailee, legal possessor or occupier at the time that a violationof the provisions of this
Section occurs, it shall be prima facie evidence that theperson had knowledge of the
violation.
Sec. 23-606, Use of False Identification,
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Sec. 23-607. False Identification not a Defense.
9
It shall not be a defense to any action brought cri I minally, civilly or adm`nistr fively
against any liquor licensee or any other person charged with the delivery of any alcoholic
beverage to an underage person that such a person produced false 'I'd jen tificatio n or proof
of age. The person or persons hearing and deciding tne charges, mayconsideir such a
claim when determining the penalty to be assessed or the apportionment of damages.
Sec. 23-608. Operation of a Motor Vehicle While in a State of
Impairment.
It shall be unlawful for any underage person to operate a motor vehicle on a street
or highway of the V1,11age while in a state of impairment due to the consumption of an
alcoholic beverage or with any alcohol at all in his or hers ystem. For purposes of this
Section only,, operation offal, motor vehicle shall have the definition ascribed to it under the
Illinois Vehicle Code rather than the definition set forth in Section 23-601 of this
Chapter.
Sec. 23-609. Operation of a Motor Vehicle by Underage Persons with an
Alcoholic Beverage in or on the Vehicle; When the
Underage Person is Impaired Due to Alcohol or has
Alcohol in the System or is Operating the Vehicle in
Violation of a Restriction Pursuant to this Chapter.
The following shall apply , when any underage person is found in the Village,
operating any, motor vehicle In, which ., or, on which is fou,nd any alcoholic beverage, or when
the underage person is In a state of impairment due to consumption of alcohol or to have
alcohol in the system or is found operating a motor vehicle in violation of a restriction
pursuant to this Chapter:
A. The motor vehicle shall be subject to immediate impoundment by the Police
Department.
B. The following factors shall not be considerations in determining whether or not to
impound the motor vehicle:
1. Whether the alcoholic beverage is in an opened or an unopened container.
2. Whether the operator is the owner of the alcoholic beverage in the vehicle.
3. Whether the operator had knowledge of the existence of the alcoholic
beverage within the motor vehicle.
C. Upon impoundment, the motor vehicle may be released only to another person
showing proof of ownership or lease rights to the motor vehicle.
In
1.
If the underage operator is the owner or lessor of the vehicle, then the
vehicle may be released only to aparent or spouse of the underage owner.
If the underage person has no parent or spouse 1,1vin9 in the immediate area,
the vehicle may be released, upon satisfactory proof of such fact, as set'f,,Orth
in Subsection (D),
D. The motor vehicle may not be released to any person who was a passenger in the
motor vehicle at the time the �alcoholic beverage or impairment was found unless at
least twenty four (24) hours awe passedfrom thet,ime of the ung.
E. The vehicle shall not be released until theperscin' seeking the release has paid an
administrative fee of one hundred dollar (
s $150.00) to the Police Department,
plus any towing or storage dost's* "NNW
Is
91
If the operator is subsequently found guilty of driving with open alcohol in a motor
vehicle or possession of alcohol by a minor or of operating a motor vehicle while
impaired pursuant to Section 23- 608 of this Chapter, that person shall not be CO•C62 A
permitted for a period of six (6) months, tooperate a motor vehicle within theJimits
of the •Village of Mount Prospect unless accompanied by a licensed driver over
thirty years ofage.,
't 0)
The above obligations and penalties shall be in addition to the penalties that may
be assessed in a court of law for any charges incident to the stop,.
H. Anaw enforoement offlicer, theP,ol'*
ice Department and th7e Villageand any of its
officers or agents shall be absolutely immune from any liability or exposure to
f
11"ability of any ki*nd or naturef6rthe enforcement orimplementation ofths, Section.
Sec. 23-610, Procedure for Driving Restriction Notification; Hearing.
A. If a person has committed a violation that subjects the person to a restriction on
driving in Mount Prospect, such a restriction shall not takeplace until the Village of
Mount Prospect Police Department has sent, by regular mail, a notice of the
pending driving restriction. The notice shall be mailed at least two (2) weeks before
the restriction is to go into effect and shall contain (a) a statement that the restriction
applies only to the Village of Mount Prospect-, (b) the date the restn"'•ction Js'to go [Into
effect and the to on which it ends* (c) a
map sbowingthe Mount Prospect Village
1'*m`ts- (d) a notice that the operator has thenght to requesta hearing, within ten (10)
days to determine the validity of the restriction. The validity oft'he restriction may
be challenged only on the grounds that the person was not the actual person found
guilty or that there was no finding of guilty for the underlying offense.
Bu The hearing shall be conducted by a supervisory member of the Village of Mount
Prospect Police Department as appointed by the Chief of Police whose
determination shall be final.
Sec. 23-611. Penalty for Violating Driving Restriction. Is (,o
A"
A. Restriction. No person shall operate and no person, including a plarent shall permit
#
another to operate a motor vehicle within the corporate, 11mits, of th,e Village,,,in,,
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violation of the restrictions set forth in SeeU,.,`FJ,, I
1 .100 %W Secfiori 23
609(F) Ad''Nine
100�e
App"09,
B. Penalty. Any person found guilty of violating this Section shall be fined in the
mandatory amount of five hundred dollars ($500.00).
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Sec, 23 612. Sale of Tobacco Products to Minors.
If shall be unlawful for any vendor, vending machine operator, tobacco dealer or
other person operating a business 'in this Villaige where tobacco products are sold, to sell,
give or make available to any person less than eighteen (18) years of age any cigareftes,
cigars, or otherj tobacco products except, upon the written order of an adult known to the
vendor, operator or dealer. Z,r+; $, too CODIC
ref PFrlmoay:
f 0SecI 11, M �M,� . 23 613, Curfew.1w, %*off 1HOW (00 "O-*,gOv
Notwithstanding anything contained to the contrary in the Mount Prospect Village
Code, the following shall apply with respect to curfew.*
I C HtA AJ(
less tAMPda
A. It "s unlawful for a person han ei:ghteen (18) yearsoif age to be present at any f -K4
publicassembly orinsidewalk, street ef, highway
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,or other
,cam place between', 7
1. 12:01 a.m. and 6:00 a.m., Saturday and Sunday
2. 11:00 P.m. on Sunday to Thursday, inclusive, and 6:00 a.m. on the following
day,
unless accompanied and supervised by a parent.+
je
It is unlawful for a person less than sixteen (16) years of ag to b)e prese,rit at an'y
public assembly or
in or upon any ubl"c ID building,, I Park, sidewalk,,street, ef
h ig hway or other, publ!"t plaice, between 10,, p 0 0 m. and&'00 a.m. of''the fo # Rowing
day unless accompanied and supervised by,a , arent,.
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C. In addition, a person may lawfully contravene the curfews set forth in (A) and (B)
above if that person is either (1) engaged in a business oroccupation which the
T
laws of this state authorize the person to perform, or (2) in attendance at or trave'ng
.'in
directly home from a school, place of worship or a not-for-profit community IE
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organization sponsored activity and the person has on his or her person written
permission for the contravention describing a reasonable route of travel from home
to the place of work or worship, school or event.
D. It is unlawful for any parent, legal guardian or other person to knowingly permit a lr�
person in his or-h'er custody or control to violate this section.
B. A valid cause for absence from school shall include 111ness,, death in'the, immediate
family, other family emergency or other causes beyond the controlofthe,pe,rson
absenting himself or herself from school, provided that parental permissio,�n for,
absence due to such a cause is obtained, in writing, f from 'the parent and is
submitted to the proper school authorities within twenty-four (24) hours after the
absence.
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Any person founidguilty of,violat, I ng subsection A, B or C shall be fined not less than
One Thousand' Dollars ($1 000.00) and the firearm shall be ordered confiscated by
the Mount Prospect Police Department. The only exception to the o1rde,r of
NOW"
confi,scation shall be if a third party, who ico,, legally able to possess a firearm' in the
State of Illinois proves, by clear and convincing evidence that the firearm was taken
from the third party without the third party's consent.
Sec. 23 616. Vandalism.
A. GeneraL,
It shall be unlawful for any person to commit any of the following acts within the
corporate limited of the Village; 'i
1 Wilfully, maliciously, recklessly or knowingly damage, deface or d"
estroy any
property of anoCher person without his onsent-, or
2. Wilfully, maliciously, recklessly or knowingly, start a fire on the land of another
person without his k consent; or
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3. Wilfully, maliciously, recklessly or knowingly deposit on the land or in a
building of another, without """ * '64',6 consent, any stink bomb or other
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offensive smelling compound and thereby interfere with the use and
occupancy by another of the land or building; or
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1. It shall be unlawful for any person to place graffiti upon any public or private
property whether real or personal. EW
2. It shall be unlawful for the owner and/or occupant of fixed real or personal
property which is in public view to place or give permission for the placement
of any graffiti on the property.
15)
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3. It shall be unlawful for anyperson under twenty-oQp L2,1,
% 1� 0, 1---ye,zirs of to
possess, while in any public building or publilc facility or while on private
property, other than the home or apartment which is the domicile of the
person a spray paint container, paint, ink, marking pen which contains a fluid
which is, non -water soluble when dried or a brush, applicator, or any other
mater ia]Jor marking, scratching or etching. It shall be an affirm,ative def ns
to ainy charge brought pursuant to this section that the defendant was
engaged in a bona fide business or educational pursuit in the building or on
the property involved In the charge that required the use of the otherwise
contraband marking material.
4.
It shall be unlawful for any owner of real property or governing body of any
association responsible for the common areas of any real property upon
which graffiti is placed to fail to remove, cover or otherwise eradicate such
graffiti within seven (7) days of receipt of a notice to remove the graffiti* by the
V1, 11 a g e WAS p'�1+� / N N �%. � � (�
1. The penalty for a violation of subsection A shall be a fine of not less than
Two Hundred Dollars ($200.00) nor more than One Thousand D flars
($1,pOp.Op) for each offense.--- Ida.- -11
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2. The penalty for violation of Subsection (B)(1) shall be a fine of not less than
Five Hundred Dollars ($500.00) nor more than One Thousand Dollars NEW
($1,000.00). In addition to the fine, the offender may be ordered by the
Court to pay restitution to the property owner for the costs of restoring the C Z
property to its state prior to the application of graffiti. *4
1 The penalty for violation of Subsections (B)(2) and (3) shall be a fine of not to
less than Five Hundred Dollars ($500-00) nor more than One Thousand
Dollars ($1,000-00) and a separate offense shall be deemed committee on
each day during or on which a violation occurs or continues.
4. The penalty for violation of Subsection (B)(4) hereinabove shall be a fine of 07
not less than One Hundred Dollars ($100-00) nor more than Five Hundred •
Dollars ($500.00).
Sec. 23 617. Gang Signs Prohibited.
10
A. It shall be a violation of this ordinance for any person to display, demonstrate or
"throw" a gang sign that may be seen or received by other persons who are in or on
any public place within the Village.
E3. Among the c' s
ircurnstance, which may be considered in determining whether such
a purpose is , d -are: I
M
1. The person is a known illegal user,possessor or seller of cannabis or
controlied substance, or the person is loitering in aplace frequented by
persons who are known to illegally use, possess, transfer orsell cannabis or ftj
controlled substances; and "I .
2. The person repeatedly passes to or receives frompassersby, whether such
passersby are on foot or in a motor vehicle or other form of transportation,
money, objects or written material that to an experienced investigator appear
to be for the purposes of inducing, enticing, soliciting or procuring another to
illegally possess, transfer or buy any cannabis or a controlled substance.
17
Ifthe circumstames of subsection B above are not present, a person may be
deemed to have, violated' this Section 23-620 619 only if the person demonstrates
a specific intent to inducia, entice,, solicit or procure another to illegally possess,
transfer or buy cannabis or a controlled substance.
D. A peace officer may not arrest a person for violation of this Section 23- 619
unless the peace officer first offers the person an opportunity to explain the
suspicious conduct.
E. For the purpose of this section, a "known illegal user, possessor, or seller of
controfled substa,noes or cannabis, is, a
person who, within one (1) year pr s to
,eviou
6of i'llegal,
the, date of arrest for violation of thei secti"on),been conv,lcted
manufacturing, using, possess,ingt seollin, 101 W
substance. k, g,, purchasing, or delivering any controlled'
F Any person found to have violated any provision of this section shall be fined not
less than Two Hundred and Fifty Dollars ($250-00) nor more than One Thousand
Dollars ($1,000.00) for each offense.
Sec, 23 620. Temporary Questioning Prior to Arrest.
A. A peace, officer after; h I identifiled Mmself or, herselfas a peace officer, may
aving
stop any person, in a public place for a reasonable period' of time when the person
is wearing known gang colors, emblems or other gang insignia- and the officer
reasonably suspects from the circumstances that the person is commifting, is about
to commit or has committed any offense, including those set forth in this Article V1.
Once stopped, the officer may demand the name and address of the person and
an explaInation of the person's actions. Such detention and temporary
questioning will be conducted inthe vicini ity, of where,the person was stopped.
B. When a peace officer has stopped a person for temporary questioning pursuant to
Subsection (A) and the officer reasonably suspects that the officer or another
person is in danger of attack, the officer may search the person for weapons. If an
officer discovers a weapon, the officer may take it until the completion of the
questioning, at which time the officer shall return any lawfully possessed weapon.
Sec. 23 621. Minor Offenders; Financial Responsibility of Parent or Lega.'.
Guardtam',
W 61 0, Sam
A. The, parentkef an unemancipated minor is liable for actual damages for the
Ju 1i;
wilful or malicious acts ofthe minor which cause injury or loss to the
property of the public or any person.
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B A fe 4e. minor shall be deemed to have, committed the offense or offenses
enumerated in this Article VI with the knowledIge, consent, acquiescence and
permission of the parent.
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min
ot a Wi
provided for 'in this A, j: Wo tj or shall be held liable for damages as
i i rticle, V1, unless he or sh e is made a party defendan't "in the
proceeding in which the order against the parent is entered.
A parent IiI '*-%CX a Mcle-A101ft,
,I J VOW' s h a ty defendant,by I
11 be m,ade a par am's-I
a
Written notice setting forth the charges againist the minor either slerved
personally or by certified or registered M,afl,
E. Nothing in this Article VI shallprevent the court from ordering, as part of reparations,
im
that the '.. V 1;W minor and/or parents in appropriate cases, berequgyred to perform
the cleanup or repair of the damaged property.
Sec. 23 622. Maintaining Public Nuisance,
A. Any building or dwelling used in the commission of offensesprohibited by Sections
9-1r 10-17 11-14,11-15,11-16,11-17, 11-20.11 11-21,11-22, 12-5.11 16-17 20-21 23-
11 23-1{a}(1), 24-1(a}{?}, 24-3, 28-11 28-31 31-5 or 39A-1 of the -"Illinois Criminal
a
Exisip,
COPE
WITH
SOME
4 A
Code or prohibited by the "Illinois Controlled Substances Act, 19 or the
"Cannabis Control Act,,, or used in the Commission of an inchoate offense relative
to any of the aforesaid principal offenses, or used to engage in gang related
activities is a public nuisance.
R, Pen altv. Any person violating this Section 23- 624 shall be fined not less than
Five Hundred Dollars ($500.00). Furthermore, if the person is not the owner of the
building being used for gang -related activity, the Court may order the offender to
pay restitution to the owner for the costs of any damage caused by gang -related
advity unless the owner knew or should have known that such activity was taking
place, and negligently or willfully fail edto notify the Village of the occurrence of the
activities.
The Village of Mt. Prospect may after fourteen (14) days and within ninety
(90) days of giving the Attorney General and the State's Attorney of Cook
County written notice by certified or registered mail of the fact that a public
nuisance as described in this section exists, commence an action to abate
the nuisance in accordance with the procedures delineated below provided
that the Attorney General or the State's Attorney of Cook County has not
already commenced a similar action.
2. The Village of Mount Prospect may commence an action to abate the public
nuisance in the Circuit Court of Cook County. Upon being satisfied by
affidavits of other sworn evidence that a public nuisance exists, the Court
may without notice or bond enter a temporary restraining order or preliminary
injunction to enjoin any defendant from maintaining the nuisance and may
enter an order restraining any defendant from removing or interfering with all
property used in connection with the public nuisance. If during the
proceedings or hearings upon the merits, which shall be in the manner of the
"Controlled Substance and Cannabis Nuisance Act" (740 ILCS 40/0.01 et.
1992) the existence of the nuisance is established and it is found that
such nuisance was maintained with the intentional, knowing, or reckless
permission of the owner or agent of the owner managing the building, the
court shall enter an order restraining all persons from using the property for
a period of six (6) months thereafter. Provided that an owner, lessee or other
occupant may use such place if the owner shall give bond with sufficient
security or surety approved by the court, in an amount not less than Ten
Thousand Dollars ($10,000.00), payable to the Village of Mount
Prospect, and including a condition that no offense specified in subsection
(A) above shall be committed at, in or upon the property described and a
condition that the principal obligor and surety assume responsibility for any
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'fine, costs or damages, resulting from such -an offense. No,thing in this Article
V.1 shall prevent the Village from seeking the demolition or placement into Aj 15 1k,
rece , ivership Of any structure declared to be a nuisance s t
Section 23-623. puruanto this
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nd not les than f6u
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hours of counsel*
assessed by the court
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against y oftnder m___--'_'_"'_"_-_"
0 #1 ay be in— 6dattion to any penalty assess'edlST
against a licensee in any administrative proceeding.,
wts it
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SECT,I;ON,2,-,,, That a new Article XV111A of the Village of Mount Prospect Code as I
amended shall be added to Chapter 18 which shall be and read as follows:
Sec. 18-1814. Vehicle Seizure and Impoundment.
A motor vehicle operated with the knowledge of the owner or lessee of record and
that is used in the violation of the Criminal Code of 1961(720 ILCS, pars. 9-1, 9-29 9-3-31
11-6, 11-14, 11-15, 11-15-1, 11-16, 11-17, 11-18, 11-18.11 11-19, 11-19.1, 11-19.21 12-21
12-31 12-3.21 12-41 12-4.11 12-4-21 12-4-31 12-4.41 12-4-61 12-4.71 12-61 12-7.11 12-7.41 12-
13, 12-14,12-15, 12-16, 12-16.1112-16-2112-16-31 12-16.4112-16-51 19-11 19-21 19-31 19-
41 19-51 20-11 20-1.1, 20-21 21-11 21-21 21-31 21-41 21-51 21-61 21-71 24-11 24-1.29 24-2.11
24-3.1, 24-3.3 or 33A-2) or in violation of paragraphs 704, 705, 705.1, 705.2, or 708 of the
Cannabis Control Act (720 ILCS, pars. 704, 705, 705.1, 705.2, or 708) or in violation of
paragraphs 1401, 1401.1 or 1402 of the Controlled Substance Act(720 ILCS, pars. 1401,
1401.1 of 1402, or similar provision of local ordinance) shall be subject to seizure and
impoundment. The owner of record of such vehicle shall be liable to the Village for an
administrative fee of One Hundred Fifty Dollars ($150.00) in addition to fees for the towing
11
fiEU)
and storage of the vehicle. Whenever a, person is present witNnl any motor vehicle of
which the person is the owner, lessee, permiftee, bailee, legal arm or occup'"ekin
time a violation occurs it shall be primtr at t, iv
violation - I a facie evidence that a person had knoWled'ge of the
A. Whenever a, P011ceofficer has probable cause to believe that a vehicle is sub*ect to
seizure, an 0 d impoundment pursuant to this section, the police officer shall provide
he vehicle to a facility controlled by the Village or its agents. When
for the towing OT t
the vehicle is towed, the police officer shall notify the person who is found to be in
control of the vehicle e ofthe alleged violation,, if there, 'is such a person
of the fact of the seizu're and� ofthe, vehicle owner's right to request a preliminary
hearingto be conducted wder this section,
B. Whenever the owner of a, v,e,hl*c,l'e seizedpursuant to this section, requests a
preliminary hearing, within twelve (12) hours after the seizure, a hearing officer as
appoilln,te,d by the Chief of'Poilice shall conduct such preli"minary hearling within forty-
eight ('48) hours, aft,er the seizu're. A14 llint erested ersons shall be g*
p igen a
reasonable opportunity, to be heard,, at the prelimlinary hearing. 'The, formal rules of'
e idence will not apply, at the heari'ng and hearsay evidence shall be admissible.
vl'
if, after the hearing, the hearing officer determines that there is probable cause to,
believe that the vehicle, operated with the knowledge of the owner, was used in the
commission of any crime set forth in this section, the hearing officer shall order the
continued impoundment of the vehicle as provided in this section unless the owner
of the vehicle posts with the Village a cash on in the, amount of One Hundred Fifty
Dollars ($150.00) plus fees for towing the vehi'de. If the hearing officer determines
that there is no such probable cause, the vehicle will be returned withoutpenalty or
other fees.
GO, Within ten (10) days after a vehicle is seized and impounded pursuant to this
section, the Village shall notify by certified mail, return receipt requested, the owner
and/or lessee of record of the date, time and location of a hearing that will be
conducted pursuant to this section. The hearing shall be conducted no later than
forty-five (45) days after the vehicle was seized. All interestedpersons shall be
given a reasonable opportunity to be heard at the hearing. If, after the hearing, the
hearing officer determines by a preponderance of the evidence that the vehicle,
operated with the knowledge of the owner, was used in the commission of any of
the violations set forth in this section, the hearing officer shall enter an order
requiring the vehicle to continue to be impounded until the owner pays an
administrative fee of One Hundred Fifty Dollars ($150.00) plus fees for towing and
storage of the vehicle. The fees shall be a debt due and owing the Village.
However, if a cash bond has been posted the bond shall be applied to the fees. If
the hearing officer determines that the vehicle was not knowingly used in such
violation, he or she shall order the return of the vehicle or cash bond.
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11111q� IL
11 1 17
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SECTION 3,-. All prior ordinances and resolutions in conflict or inconsistent
herewith are hereby expressly repealed only to the extent of such conflict or inconsistency.
S�1%
E 1. �N' 4 This ordinance shall be in full force •and effect upon its passage and
n- I ## t
PASSED: This day of,,,,,,.,
1995.
AYES: NAYS-,
ABSENT.... PASS:
APPROVED by me this day of
11995.
President of the Village of Mount Prospect
ATTESTED and FILED in the office of the Village Clerk this day of
39841
Village Clerk
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13.129 ALCOHOLIC LIQUORS 13.130
C. If a licensee, in the exercise of ordinary judgment, should have reason to believe
that a sale or delivery of any alcoholic liquor is prohibited because of the age of
the prospective recipient, the licensee shall, before making such sale or delivery,
demand presentation of a form of positive identification, containing proof of age,
issued by a public officer in the performance of his or her official duties (see
Section 13.13 1).
D. No person shall transfer, alter or deface any identification card; use any identifi-
cation card of another; carry or use a false or forged identification card; obtain an
identification card by means of false information; or otherwise misrepresent age
for the purpose of purchasing or obtaining alcoholic liquor in the Village (see
Section 13.131).
E. In every place in the Village where alcoholic liquor is sold there shall be
displayed at all times in a prominent place a printed card which reads substantial-
ly as follows. -
If you are under 21, you are sub ect to a mandatory fine of
$500-00 if you purchase any alcoholic liquor. If you misrepresent
your age for the purpose of purchasing or obtaining any alcohol-
ic liquor, you will also %be subject to restricted driving privileges
within the Village of Mount Prospect. If you buy for or deliver an
alcoholic bevee to an underage person, you will be subje
ragct to
a mandatory fine of $1,000.00.
(Ord. 4664, 8-16-94)
See. 13.130. Consequences of Facilitating the Use of Alcoholic Beverages by
Underage Persons.
A. Delivery of Alcoholic Beverage to an Underage Person. It shall be unlawful for
any person, regardless of relationship, age or circumstances, to deliver any
alcoholic beverage to any underage person, except as set forth in subsection C of
this Section.
B. Use of Premises for Consumption of an Alcoholic Beverage. It shall be unlawful
for any person to knowingly permit •or to knowingly or negligently fail to
prevent, on premises under his or her control, the consumption of an alcoholic
beverage by an underage person. This Section shall apply to residential, public
and commercial premises.
C. Exceptions. Subsections A and B of this Section shall not apply in the following
circumstances:
1. The performance of a bona fide religious service.
2. The delivery of an alcoholic beverage within the home to an underage person,
by and under the direct supervision of that underage person's parent. However,
the following rules shall be applied to this subsection C2:
994
Village of Mount Prospect
13.130 ALCOHOLIC LIQUORS 13.131
a. In any prosecution of an underage person for the commission of any
State or local offense, the prosecutor, upon reasonable grounds, may request a
ruling and the court shzill rule as to whether the consumption of an alcoholic
beverage, as permitted by the parent, was a contributing factor to the commission
of the offense. If it is so determined in the affirmative, then the penalty set forth
in subsection D of this Section shall apply. For purposes of this subsection, the
consumption of alcohol may be determined to be a contributing factor if it had
the effect of substantially causing an impairment to the person as "impairment" is
defined in this Chapter. It need not be shown that, but for the consumption of
alcohol, the offense would not have been committed.
b. The parent shall remain vicariously liable as set forth in subsection E
of this Section.
D. Penalty. Any person found guilty of violating subsection A or B of this Section
shall be fined in the mandatory amount of one thousand dollars ($1,000.(30).
E. Vicarious Liability of a Parent or Other Person Facilitating the Use or Abuse of
Alcoholic Beverages. The following persons shall be liable to any individual who
has been InJured by an alcohol impaired underage person when the impairment is
a contributing cause of the injury:
1. Any person who delivered or permitted the delivery of an alcoholic beverage
to the underage person. The person making or permitting the initial delivery to an
underage person remains liable to anyone injured by the same or different
underage person regardless of how' many times the alcoholic beverage changed
hands.
2. Any person in control of a premises, who knowingly or negligently fails to
maintain supervision to such an extent that an alcoholic beverage is consumed on
the premises by an underage person.
3. Any person who knowingly or negligently allows the operation of a motor
vehicle under his or her control by an underage person, when the person knew or
in the exercise of ordinary judgment should have known that the underage person
was either impaired or had consumed any amount of alcohol within two (2) hours
prior to when the allowance to drive occurred.
The vicarious liability established by this Section shall not be subject to the
limitations on damages as set forth in 235 Illinois Compiled Statutes 5/6-21.
(Ord. 4664, 8-16-94)
Sec. 13.131. Use of False Identification. Any underage person found guilty of at-
tempting to obtain delivery of an alcoholic beverage by use of false proof
of age shall be subject to a mandatory fine of five hundred dollars ($500.00). If the false
proof of age was an improperly used driver's license, the person so using it shall not be
permitted, for a period of six (6) months, to operate a motor vehicle on any public way
within the corporate limits of the Village unless accompanied by a licensed driver over
thirty (30) years of age (see Section 13.135). (Ord. 4664, 846-94)
994
Village of Mount Prospect
13.132 ALCOHOLIC LIQUORS 13.134
Sec. 13.132. False Identification not a Defense. It shall not be a defense to any
action brought criminally, civilly or administratively against any liquor
licensee or any other person charged with the delivery of any alcoholic beverage to an
underage person that such a person produced false identification or proof of age. The
person or persons hearing and deciding the charges may consider such a claim when
determining the penalty to be assessed or the apportionment of damages. (Ord. 4664,
8-16-94)
Sec. 13.133. Operation of a Motor Vehicle While in a State of Impairment. It shall
be unlawful for any underage person to operate a motor vehicle on a
street or highway of the Village while in a state of impairment due to the consumption of
an alcoholic beverage or with any alcohol at all in his or her system. For purposes of this
Section only, operation of a motor vehicle shall have the definition ascribed to it in the
Illinois Vehicle Code rather than the definition set forth in Section 13.101 of this
Chapter. (Ord. 4664, 8-16-94)
Sec. 13.134. Operation of a Motor Vehicle by Underage Persons with an Alcoholic
Beverage in or on the Vehicle; When the Underage Person is
impaired Due to Alcohol or has Alcohol M* the System or is Operating the Vehicle in
Violation of a Restriction Pursuant to this Chapter. The following shall apply when
any underage person is found in the Village, operating any motor vehicle in which or on
1
which is found any alcoholic beverage, or when the underage person is in a state of
impairment due to consumption of alcohol or to have alcohol in the system or is found
operating a motor vehicle in violation of a restriction pursuant to this Chapter:
A. The motor vehicle shall be subject to immediate impoundment by the Police
Department.
B. The following factors shall not be considerations in determining whether or not to
impound the motor vehicle:
1. Whether the alcoholic beverage is in an opened or an unopened container.
2. Whether the operator is the owner of the alcoholic beverage in the vehicle.
3. Whether the operator had knowledge of the existence of the alcoholic beverage
within the motor vehicle.
C. Upon impoundment, the motor vehicle may be released only to another person
showing proof of ownership or lease rights to the motor vehicle.
1. If the underage operator is the owner or lessor of the vehicle, then the vehicle
may be released only to a parent or spouse of the underage owner. If the under-
age person has no parent or spouse living in the immediate area, the vehicle may
be released, upon satisfactory proof of such fact, as set forth in subsection D of
this Section.
I
994
Village of Mount Prospect
13-134 ALCOHOLIC LIQUORS 13.136
D. The motor vehicle may not be released to any person who was a passenger in the
motor vehicle at the time the alcoholic beverage or impairment was found unless
at least twenty four (24) hours have passed from the time of the finding.
E. The vehicle shall not be released until the person seeking the release has paid two
hundred fifty dollars ($250.00) to reimburse the Police Department for its
administrative costs plus any storage fees.
F. If the operator is subsequently found guilty of driving with open alcohol in a
motor vehicle or possession of alcohol by a minor or of operating a motor
vehicle while impaired pursuant to Section 13.133 of this Chapter, that person
shall not be permitted for a period of six (6) months to operate a motor vehicle
on any public way within the limits of the Village unless accompanied by a
licensed driver over thirty (30) years of age.
G. The above obligations and penalties shall be in addition to the penalties that may
be assessed in a court of law for any charges incident to the stop.
H. Any law enforcement officer, the Police Department and the Village and any of
its officers or agents shall be absolutely immune from any liability or exposure to
liability of any kind or nature for the enforcement or implementation of this
Section. (Ord. 4664, 8-16-94)
Sec. 13.135. Procedure for Driving Restriction Notification; Hearing.
A. If a person has committed a violation that subjects the person to a restriction on
driving in Mount Prospect, such a restriction shall not take place until the Village
Police Department has sent, by regular mail, a notice of the pending driving
restriction. The notice shall be mailed at least two (2) weeks before the restriction
is to go into effect and shall contain: 1) a statement that the restriction applies
only to the Village; 2) the date the restriction is to go into effect and the date on
which it ends; 3) a map showing the Village limits; 4) a notice that the operator
has the right to request a hearing within ten (10) days of notification to determine
the validity of the restriction. The validity of the restriction may be challenged
only on the grounds that the person was not the actual person found guilty or that
there was no finding of guilty for the underlying offense.
B. The hearing shall be conducted by a supervisory member of the Village Police
Department, appointed by the Chief of Police and whose determination shall be
final. (Ord. 4664, 8-16-94) 6
Sec. 13.136. Penalty for Violating Driving Restriction,
I
A. Restriction. No person shall operate and no person, including a parent, shall
permit another to operate a motor vehicle within the corporate limits of the
Village in violation of the restrictions set forth in Sections 13.131 or 13-134F.
994
Village of Mount Prospect
13-136 ALCOHOLIC LIQUORS 13.137
B01 Penalty. Any person found guilty of violating this Section shall be fined in the
mandatory amount of five hundred dollars ($500.00). (Ord. 4664, 8-16-94)
Sec. 13.137. Penalties; General. •Unless another penalty is set forth in this Chapter,
every person found guilty of a violation of any of the provisions of this
Chapter shall be subject to a fine of not less than one hundred dollars ($100.00), nor
more than five hundred dollars ($500.00) for each offense. A separate offense shall be
deemed to have been committed on each day during or on which a violation occurs or
continues. Any fines set forth in this Chapter shall be assessed regardless of whether the
violator is convicted or placed on supervision by the court. If the court is of the opinion
that the ends of justice would be better served by requi'ng community service of the
violator or a combination of a fine and community service, the fine may be mitigated at a
rate of one hour of community service for every ten dollars ($10.00) of the mandatory
fine. Fines assessed by the court against any offender may be in addition to any penalty
assessed against a licensee in any administrative proceeding. (Ord. 4664, 8-16-94)
I
994
Village of Mount Prospect
ARTICLE VI
SECTION:
23.601.
Curfew for Minors
23-602.
Sale of Tobacco Products to Minors
'
23-603.
Penalty
23-604.
Truancy Prohibited
Sec. 23-601. Curfew for Minors.1
A. It is unlawful for a person less than seventeen (17) years of age to be present at
or upon any public assembly, building, place, street or hi I hway at the follow*
9 ing
times unless accompanied and supervi*sed by a parent, legal guardian or other
W
res, sible cornparuon at least,, * hteen (1 8) years of age,, approved by the parent
pon, I e1g
l,egal,gu,ar.,�d."i'an,, or unless engagedlin a business oroccupai
fion, which the laws of
this State authorize a person less than seventeen (17) years of age to perform. -
I. Between one minute after twelve o'clock (12:01) A.M. and six o'clock (6:00) A.M.
Saturday;
2. Between one minute after twelve o'clock (12.-01) A.M. and six o'clock (6:00) A.M.
Sunday; and
3 Between eleven o'clock (11:00) P.M. on Sunday to Thursday, inclusive, and six
01 clock (6:00) A.M. on the following day.
B. It is unlawful for a parent, legal guardian or other person to knowingly permit a
person in his custody or control to violate subsection A of this Section. (Ord. 3396,
2-7-84)
00 in
MOM,
Sm. 23,603., Penalty,. Any person convicted of'a violat'lon, of -any provIslon of Sections,
,23.601 and, 23.602, shall be fined not less,than, twenty five didUars ('$25.00)
nor m,ore thanone hundred dollars ($1,00.00) for eaich, ofknse. (Ord. 3396,
84)
Sec. 23-604. Truancy Prohibited.
A. It shall be unlawful for any person under the age of eighteen (18) enrolled M' a public,
1. See also Section 23.405 of this Code relating to the financial responsibility of parents and guardians of minor
offenders.
IOU
23-604 OFFENSES AND MISCELLANEOUS RE(jULATIONS 2-3.604
A)p nvate 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.
B. A valid cause for absence from school shall include illness, death in the immediate
family, other family emergency 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 and is submitted
to the proper school authorities within twenty four (24) hours after such absence.
C. Parental permission, as required by this Section, shall refer to and include permis-
sion obtained from a parent, legal guardian or other adult person standing in local
parentis and having custody and control over a person under the age of eighteen (18).
D* Any person who shall so absent himself or herself from school attendance without
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 one hundred dollars ($100.00) for each offense, and each
day that such person so absents himself from school attendance shall constitute a
separate offense and shall be punishable as such. (Ord. 3425, 6-5-84)
W
23-403 OFFENSES AND MISCELLANEOUS REGULATIONS 23.405
Sec. 23-403. Obstructing Stairways or Exits. It shall be walawful to obstruct or
perma the obstruction of an, mxrway, alsle, co, 6 or or exit in any
y st, * M
Office building, factory, hatel, school, church, theater, assembly hafl,, lodge or, other
pubbic ball, or any buiRding, 'used by two (,2,) or more tenants or fainibles in such a,
manner that it interferes with the free use of such stairway, aisle, corridor or exit.
(1957 Code, 25.324)
mft%ft.
Sec,, 23.44. Vandalism.
A. It shall be unlawful for any person to commit any of the following acts within
the corporate limits of the Village-.
1. WiMy, maliciously, recklessly or knowingly damage, deface or destroy any
property of anoth)er person without hisconsent-, or
If
2. Wily, maliciously, recklessly or knowingly start a fire on the land of
another person without his consent; or
I Wily, maliciously, recklessly or knowingly deposit on the land or in a
building of another, without his consent, any stink bomb or other offensive
smelling compound and thereby interfere with the use and occupancy by
another of the land or building; or
4-- Wilftffi y, mall""ciously., recklessly or knowingly and without authority enter
into an'y bu i ng, house iter, motor vebicle, aircraft, or watercraft, or any
ildii
part thereof, of another person without hi's consent,,
B Any person convicted of a violation of any provision of this Section shall be
fined not less than twenty five dollars ($25.(0) nor in excess of five hundred
dollars ($500.00) for each offense. (Ord. 3405, 3-6-84)
Sec. 23.405. Minor Offenders; Financial Responsibility of Parent or Legal
Guardian,
A. The parent or legal guardian of an unemancipated juvenile who resides with
such parent or legal guardian is liable for actual damages for the wilful or
malicious acts of such juvenile which cause injury or loss to the property of
U
the public or any person.
B. Said juvenile shall be deemed to have committed the offense or offenses
enumerated in this Article with the knowledge, consent, acquiescence and
permission of the parent or legal guardian in violation of this Section.
C. The said parent or legal guardian shall be liable for restitution or reparation in
an amount equal to the actual loss or damage to the property and/or pecuniary
loss imposed by a court upon the minor defendant for violation of this Article.
When the court orders restitution or reparation, the court s determine the
amount of and conditions for payment. If the parties have nota on the
amount of damages, the judge shall conduct a separate hearing on that issue.
790
I
23.405 OFFENSES AND MISCELLANEOUS REGULATIONS 23.406
The measure of liability shall be the cost of repairing partially damaged
property or the depreciated replacement cost of property damaged beyond
repair. The amount of the actual loss or damage shall be presumed to be that
amount represented by not less than two (2) bona fide itemized estimates of
the damages incurred or an actual bill for repair or replacement presented by
the victim. The defendant shall then have an opportunity to rebut the cost set
forth in the aforesaid documents. If thereafter the conditions of payment have
not, been satisfied, the court may, upon the motion of ft Village and Mthin
the limits, herem'above, set forth, impose such additional penalties as it deerns
appropdate.
In cases of actual or pecuni*ary loss or damage to public property, the court, on
0
petition of the Village Prosecutor, may in its judgment and absolute discretion
in addition or in lieu of any restitution, reparation, or fine as hereinabove
provided, direct and require that any juvenile found guilty hereunder perform
appropriate, and reasonable services to or for any departments of the Village
includin, but not hmtted, to maintenance, of parks, office or janitorial work,., In
,g
cases, �Ws Section is imposed as a, penalty and subsequently satisfied, the
provisions of this Section regarding parental responsibility shall not apply.
D. No parent or legal guardian of an unemancipated juvenile who resides with
such parent or legal guardian shall be held liable for damages as provided for
in this Section, unless he or she is made a party defendant.
A parent or legal guardian shall be made a party defendant by havig received
a written notice setting, forth the, charges against such unemancipated juvenile,
either bycertifi ed. or registered malfl, return receipt requested, or by personal
service, with a certificate of personal service returned to the Police Department
of the Village prior to the filing of any lawsuit to recover such damages.
E. Nothing in this Section shall prevent the court from ordering, as part of
reparations, that the juve N0nute, lin, appropriate. cases, be required, to perform the
cleanup or repair of the damaged property. (Ord. 3405, 3-6'-84)
Sm 23*406, Theft of Recyclables.
A. It shall be unlawful for any person to collect, obtain,, possess or pick up any
recyclable item placed for collection in front of a residence as part of the
Village of Mount Prospect recycling program.,, unless said person is licensed as
the exclusive recycling contractor under the provisions of Section 11.2301 of
Chapter 11 of the Village Code of Mount Prospect.
B. Any person found to be in violation of this Section 23.406 shall be fined not
less than twenty five dollars ($25.00) nor in excess of five hundred dollars
($500.00) for each offense. (Ord. 3997, 11-1-88)
790
13-
23-108 OFFENSES AND MISCELL111ANEOLIS REGULATIONS #�
HO or of the State of Illinois, by- means of an`- artifice, scheme or violence, or which
urges any unla%k,ful conduct or encouraiies or tends to encourage a breach of' the
peace or good order of the community- or
2. Which is offensive to public morals or decency, or which contains blasphemous,
obscene, libelous or scurrilous language. (Ord. 4341.4, 6-5-84)
Sec. 23.109. Firearms or Facsimile Weapons.
A. It shall be unlawful to discharge any firearms or airguns in the Village; pro\,ided
that this Section shall not be construed to prohibit any officer of the la\,%, from
discharging a firearm in the performance of his duty-; nor to any citizen to discharge
P
a firearm when lawfully defending his person or property.
B. It shall be unlawful for any person to carry in any vehicle, or concealed or unconcealed
on, or about his , pe �rson, an), firearm; except that this subsection shall nota ply to
P
any private person, when on his own land or in his own abode orplace of business
or peace officers; members of the armed services or reserve forces of the United
States; special agents employed by railroads to perform police functions; employees
of watchmen -guard agencies; private detecti\-es and private patrolmen while on the
premises of their employers and actually engaged in the performance of the duties
of their employment; members of any firearm club or organization while conunuting
between their homes and such target ranges; persons transporting weapons between
a duly licensed firearms dealer and his residence or place of business; duly authorized
military or veterans' organizations; school color guards and drill organizations; and
licensed hunters and fishermen while engaged in hunting or fishing and/or commuting
between their homes and such hunting or fishing grounds.
C. It shall be unlawful for any person to carry or display any facsimile of a firearm
with the intent to terrify, alarm, threaten or intimidate any other person. (Ord. 2218,
2-3-70)
Sec. 23.110. Fire Hazards.
A. Combustible Refuse. It shall be unlawful to permit orStOTe any combustible refus
in such a way as •to create a fire hazard or to store or throw any refuse of any kin
on any street, alley or other public place. (1957 Code, 25.309)
B. Bonfires,. It shallbe unlawful to biwild or, fight any bonfire so close to any buildin
or structure as 'to endanger such, building or structure, or on any pubEc street o
sidewalk, pavement or other public place or property, or within twenty feet (209
of a sidewalk. (1957 Code, 25.313)
C. Fuel Tanks. It shall be unlawful to install or maiffitaint any fuel 01*11, gas or fiquid
gas tanks aboveground. All such tanks must be placed below the ground surface.
(1957 Code, 25.326)
Sec. 23.111. Hazardous Objects on Public Ways.
MM
ARTICLE XXXVII
SALE OF TOBACCO PRODUCTS
SECTION:
11-3701.
License Required
11-3702.
Application
11.3703.
License Fee
11-3704.
Prohibited Sales or Delivery
11.3705.
Signage Prohibiting Sales to Minors
11.3706.
Purchase by Minors Prohibited
11.3707.
Possession by Minors Prohibited
11-3708.
Certain Distributions Prohibited
11.3709.
Vending Machines
11.3710.
Responsibility for Agents and Employees
11.3711. 11.
Suspension; Revocation of License, Fines, Costs
11.3712.
Use of Premises After Revocation
11.370.
Penalties
Sec. 113701. License Required. It shall be unlawful for any person, firm or
corporation to sell, give away, deliver, possess with intent to sell at
wholesale or retail, possess with intent to give away or deliver for promotional
purpom, either retail or wholesale, any tobacco products within the Village without
f= having obtained a license therefor from the Village Clerk of the Village in the
manner provided M* Chapter 10 of this Village Code. (Ord. 4189, 5-15-90)
Sm 113702. Application. A written application for a license hereunder be
made in writing to the Village Clerk and shall be processed in
accordance with the requirements set forth in Chapter 10 of this Village
Code. (Ord. 4189, 5-15-90)
Sec. 113703. License Fee. The license fee for a tobacco dealer's license shall be as
set forth in Section 11.3410 of this Chapter. (Ord. 41899 5-15-90)
Sec. 113704. Prohibited Sales or Delivery. It be unlawful for any person, fum
or corporation to sell, offer for sale, give away, or deliver tobacco
products to any person under eighteen (18) years of age. (Ord. 41899,,
5-15-90)
Sec. 113705. Signage Prohibiting Sales to Mnors. Signs informing the public of
the age restrictions provided in this Article XXXVII shall be posted by
every licensee within one foot (1') of every display of tobacco products, on every
vending machine which offers tobacco products for sale and at each cash register or
other point of purchase on the premises. Each such sign state:
11.3705 B US I NESSES 11.3709
"The sale of tobacco products to persons under eighteen (18) years of
age is prohibited by law. Violations should be reported to the Village
Environmental Health Coordinator, 870-5675"
Said sign(s) shaH be plainly visible and shall measure at least eight and one-half
inches (8'/2,") in height and eleven inches (11") in width. Lettering on said sign shall
be at least one inch (1") in height. Said signs shall also inform the public that the
Village Environmental Health Coordinator is to be contacted should the law be
violated. (Ord. 4189, 5-15-90)
Sec. 11.3706. Purchase by Minors Prohibited. It shall be unlawful for any person
under eighteen (18) years of age to purchase tobacco products, to
misrepresent their identity or age, or to use false or altered identification for the
purpose of purchasing tobacco products. (Ord. 4189, 5-15-90)
Sec. 11.3707. Possession by Minors Prohibited. It shall be unlawful for any resident
of the Village of Mount Prospect under eighteen (18) years of age to
possess any tobacco products within the Village. (Ord. 41899 5-15-90)
Sec. 11.3708. Certain Distributions Prohibited. It shall be unlawful for any licensee
or any person in the business of selling or otherwise distributing,
promoting or advertising tobacco products, or any employee or agent of any such
licensee or person in the course of such licensee's business, to deliver tobacco products
to any person on any right of way, playground, park, or other property owned by the
Village, any school district, any park district, or any public library. (Ord. 4189,
5-15-90)
Sec. 113709. Vending Machines,
A. It shall be unlawful for any licensee to sell or offer for sale, give away, deliver
or to keep tobacco products with the intention of selling, giving away, or
delivering such products by use of a vending machine, unless the vending
machine is fully within the sight of an employee at all times. The vending
machine must be equipped with a manual, electric, or electronic locking device
controlled by the licensee for the purpose of preventing its operation by
persons under eighteen (18) years of age when the licensee or an employee
observes such attempted operation. It is the obligation of the licensee to assure
that the vending machine is within sight of any employee at all times. If a
person under the age of eighteen (18) years of age purchases a tobacco product
from a vending machine on the licensed premises, the licensee be deemed
guilty of prohibited sale or delivery under Section 11.3707 of this Article.
B. The following premises are exempt from Section 11.371 IA:
1. Those premises including taverns and coc. lounges where access by
persons under eighteen (18) years of age is prohibited by law.
2. Premises where the public is generally not permitted and where vending
machines are strictly for the use of employees of a business located at such
premises. (Ord. 4189, 5-15-90)
7W
T 0 MICHAEL E. JANONIS, VILLAGE MANAGER
s,
FROM: RONALD W. PAVLOCK, CHIEF OF POLICE
SUBJECT: SCHOOL RESOURCE OFFICER
DATE: JANUARY 5,1995
Over the past several months the police department, working with your office, has
been discussing the possibility of expanding our current High School Counselor
program into the middle schools in Mount Prospect. This discussion has been met
with great interest by all three school district superintendents that have middle schools
located in Mount Prospect. This discussion was further enhanced by the possibility
of Crime Bill "Cops Ahead" funding for the program as well as some shared funding
from the various school districts. This would make the implementation of this
program not only feasible, but cost effective.
As you are aware, the many organizations that you and I have been involved in over
the past couple of years have constantly discussed the need for direct contact with
youth in the junior high and/or middle school age groups. Successful programs such
as Fighting Back in District 214 and TAP, the Village of Mount Prospect's program,
have defined the problems with our youth today and the related impact of drugs and
alcohol. Past discussions between these two groups and officials from schools, park
districts, social services, law enforcement agencies and other criminal justice agencies
and municipal officials have further identified this age group as being in critical need
of a positive balancing influence from law enforcement to prevent involvement with
gangs and drugs/alcohol abuse. Up to now our Officer Friendly program, that has
been in effect for twenty-two years, and the Prospect High School Counselor program
which has been in effect for over twenty-five years, have attempted to fill the void
and indirectly provide the service needed in our middle school/junior high school
districts. A positive law enforcement presence in this area is critically important
because as members of YouthServe, a School District 21 program, have advised, the
most vulnerable years for their school children are as they enter the middle school
arena.
I
January 5, 1995
Page -2-
This past year the Crime Bill on a federal level and the Safe Neighborhoods Bill on a
state level discussed the problem of the middle school age group being involved in
gangs and drugs/alcohol abuse. These discussions have led to the grant process as
well as new laws that have defined gangs and gang membership as they specifically
relate to this youthful age group. All of the above organizations and laws that have
been passed certainly provide a basis for enhancing our current Officer Friendly,
School Counselor and Youth Officer programs and moving them into the middle
schools with a School Resource Officer program like the one from Boise, Idaho
described in the attached article.
We have had extensive discussions about the community policing initiatives that are
currently being pursued in the Village of Mount Prospect. These initiatives include the
Walk/Talk programs, the School Counselor program at Prospect High School, the
Visions program more specifically aimed at the south side of our Village, and the
Positive Action Community Alliance {PACA) program that served the north side of
Mount Prospect so well. Community policing has been defined in many publications
as a philosophy of full service personalized policing where the same officer works in
the same area on a permanent basis from a decentralized place, working in a proactive
partnership with citizens to identify and solve problems.
The School Resource Officer program would meet all of the above stated criteria for
community policing and would also meet the expectations of the Village Board's
commitment to solving crime problems before the crime is actually committed. The
School Counselor program at District 214 that is really our local model of the School
Resource Officer program allows an officer to work in direct partnership with the
school community to help create a stable environment that is conducive to
constructive learning and positive individual development and relationships by
recognizing problems in the schools before they spill over into the greater community
at large. This program could be brought into the junior high/middle school. By
creating a trusting and positive relationship between the police officer and school
authorities, teachers, counselors, students and the police department, the police
officer would be able to personalize his/her contact with the students and better
address problems before they reach critical or crisis stages. In this environment
initiatives such as peer counselling, peer juries and conflict resolution processes could
help expose students to alternative ways of dealing with problems and negative social
influences. The assignment would be a permanent assignment for up to three years
and would be proactive and focus on preventing problems before they occurred, an
enhancement of the TAP approach. This program in the middle schools would be a
partnership between people and their police that rests oRmutual respect and support,
January 5, 1995
Page -3-
The School Counselor program at Prospect High School has been considered to be
very successful, not because of the number of arrests made, but rather because of the
problems that have been solved or prevented through the cooperative efforts of those
involved in the school experience. To be sure, we do not anticipate finding a large
amount of criminal activity in the middle schools. We believe the knowledge, skills
and training of a law enforcement professional could be used effectively in the middle
schools to address and relieve the concerns of school officials, parents and the
community.
If we were to start this program in the middle school it would fill the void that
currently exists between our Officer Friendly elementary school program and our
current High School Counselor program. This network that creates a positive
information flow would spill over into the community over the summer months as well
as non -school hours throughout the week. The permanent placement of an officer in
each middle school would establish a valuable conduit for communication with the
community and for the joint resolution of those problems of mutual concern and
interest that are affecting our children,
As Police Chief, I am a proponent of this program because unlike other programs that
would require perhaps an officer in every apartment building or an officer in every
business district, it would allow us to meet face to face the parents and students that
are involved in all of our schools and, therefore, create mutual trust and respect to
solve problems before they occur. Through the various meetings with TAP, RAPP,
Fighting Back, Visions and YouthServe, there is no doubt that a School Resource
Officer program would bring the police department into an overall Community Based
Policing effort in Mount Prospect.
Please review this proposal and the attached material and my staff and I will be
prepared to discuss the proposal of this program and how it could function even
without Crime Bill funds. However, before my staff and I continue researching and
investing additional staff hours into the School Resource Officer concept, we need
further direction from the Manager's Office and the Village Board. Please advise.
RWP:jd
Attachment
Aft
cu� to )(outh
By Chief James J. Canino and Sergeant Don Davis, Criminal Investigation Division, Boise Police
Department, Idaho
AM, if
short ortlay'hard."slo-
e ; P
Lgan., Miuch belongs, to apopular
athletic shoe company, is recog-
nized by eve ryteenage r in, e -
ica. The slogan's appeal comes from a
sense of urgency and the corresponding
desuie to take action before it is too late.
This same sense of urgency and desire
to take action is rippling through the na-
tion's juvenile justice system. Violent
crime in our schools and among our
young people is reaching alarming pro-
portions nationwide. Students are arming
themselves and killing each other like
never before. The National Center for
Juvenile Justice reports an increase of
nearly 50 percent in youth murder arrests
between 1988 and 1990.
However, Boise, Idaho, with a popu-
lation of 130,000, is relatively free of serious
juvenile crime. Drug use for school-age
children remains below national averages,
and gang activity is not a significant
problem. It is believed that the city's long-
term commitment to youth is the prin-
cipal reason for our success to date. The
police department's school resource
officers (SROs) are the front-line interven-
tion specialists who unite efforts among
the school district, the community and
the police department to maintain order.
The program began in 1970, when of-
ficers of the Boise Police Department (BPD)
met with members of the Boise Independ-
ent School District (BISD). Together they
designed the SRO Project which was sim-
Bar to existing programs in Tucson, Ari-
zonaa and Flint, Michigan. With federal
funds obtained through a Law Enforce -
Ment Administration Assistance grant to
operate a pilot project for one year, officers
were carefully selected and placed in three
of the city's junior high schools.
After the first year of operation, it was
decided to expand the program to three
additional junior highs. The federal grant
expired in 1971, and the city assumed
responsibility for funding the program
Independent polls and studies indicated
strong support for the SROs by the stu-
dents, their parents, school staffs, com-,
munity service organizations and the ju-
venile court. Other divisions of the police
department reported an improvement of
42 THE POLICE CHIEFINOVEMBER 1994
A40/1 ,-4r7eoVV04
A large part of the SROs'
function is preventive in
nature. While they are not
responsible for enforcing
school policies, their
presence on campus does
serve to assist in maintain-
ing order in a sometimes
chaotic school environ -
mend ...SROs provide a
much-needed authoritative
presence,
juveinile attitudes and conduct in the pilot
areas as well. The program was again
broadened in 1976, when the department
included three senior high school SROs.
Currently the BPD has 177 sworn offi-
cers. The Juvenile Services Section has a
sworn officer complement of 14. juvenile
section assignments consist of one ser-
geant, one Parents and Youth Against
Drug Abuse (PAYADA) education officer,
one general assignment/gang prevention
coordinator, one Serious Habitual Offend-
er ion P . ..... . . -1, r,a
er Compre ie , Actr, rm
11"Ni V
1, P ve, 5c SR.O�Jtfffee
19, schololl an, d seven )unior Fugli
-SROs. The ju'.ruor'high SROs also have
responsibility for investigations and edu-
cational programs at elementary schools
that graduate students into their respec-
tive junior highs. Security for sporting
events held after normal school hours is
provided by SROs as welL
The BISD is quite large. Total student
enrollment as of January 1993 was 25,031
There are 007 high school students and
5,656 junior high students. The school dis-
trict has 32 elementary schools with a
student population of 14,442.
(Onlyexperienced police officers are se-
lected for SRO assignments. Necessary
qualifications include the ability to work
effectively with people, especially young
people. Their salaries, benefits and equip-
ment are provided by the police depart-
ment. , Office space, office equipment and
utilities are provided by the school dis-
trict. The police department is reimbursed
for overtime costs based* on a letter of
agreement with the school district.
The section is highly decentralized. The
high school, junior high and alternative
school SROs maintain offices at their as-
signed schools. Remaining staff members
work from the Criminal Investigation Office.
Communication is always difficult with
any decentralized group, and is particu-
larly so with SROs, who are encouraged
to spend time away from their offices and
to engage in proactive activities in the
classroom, lunchroom and on or near the
campus. Communication is maintained
through four separate systems. All .3ROs
are equipped with police car radios, office
telephones, mobile radio phones and
pagers. A number of schools have radio
systems that interface with the SRO radio
phone, enabling the SRO to talk directly
with school officials while involved in
extracurricular activities or while on
campus patrol.
While the SRO's role in the schools is
diverse, he is first and foremost a juvenile
detective. In 1992 the Juvenile Services
Section formally dealt with 3,452 cases
involving juvenile suspects. All juvenile
cases generated by the Patrol Division or
other sections of the Criminal Investiga-
tion Division are referred to the juvenile
section for investigation and disposition.
SROs also initiate many cases brought
directly to them because of their close
proximity to the students, schools and the
conununity.
A large part of the SROs' function is
preventive in nature. While they are not
responsible for enforcing school poles,
their presence on campus does serve to
assist in maintaining order in a sometimes
a
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At
OMIIM�� I
C
el t, t uth
By Chief James I Carvino and Sergeant Don Davis, Criminal Investigation Division, Boise Police
Department, Idaho
ife I's short., Play hard,!"T hi's slo-
gan,wfuich, belorTgs to a, popular
athletic shoe compan
y', LSreC09:-
L,ruzed, bye'veryteenager in Amer-
ica. The slogan's appeal comes from a
sense of urgency and the corresponding
desire to take action before it is too late.
This same sense of urgency and desire
to take action is rippling through the na-
tion's juvenile justice system. Violent
crime in our schools and among our
young people is reaching alarming pro-
portions nationwide. Students are arming
themselves and killing each other like
never before. The National Center for
juvenile Justice reports an increase of
nearly 50 percent in youth murder arrests
between 1988 and 1990.
However, Boise,, Idaho, with a pu-
lation of 1,30,000, is relatively free of senious
juvenile crime. Drug use for school-age
children remains below national averages,
and gang activity is not a significant
problem. It is believed that the city's long-
term commitment to youth is the prin-
cipal reason for our success to date. The
police department's school resource
officer's (SROs) are the front-line interven-
tion specialists who unite efforts among
the school district, the community and
the police department to maintain order.
The program began in 1970, when of-
ficers of the Boise Police Department (BPD)
met with members of the Boise Independ-
ent Schoo'll District (BISD'). Together they
designed,the SROProject, wbuich was, sim-
ilar to existing programs in Tucson, AA -
zona, and Flint, Michigan. With federal
funds obtained through a Law Enforce-
ment Administration Assistance grant to
operate a pilot project for one year, officers
were carefully selected and placed in three
of the city's junior high schools.
After the firk year of operation, it was
decided to expand the program to three
additional junior highs. The federal grant
expired in 1971, and the city assurned
responsibility for funding the program.
Independent polls and studies indicated
strong support for the SROs by the stu-
dents, thtir parents, school staffs, com-
munity service organizations and the ju-
venile court. Other divisions of the police
department reported an improvement of
42 THE POUCE CHIUNOVEMBER 1994
A44W c;�e_Aooaz- C-o&iW
A large part of the SROs'
function is preventive in
nature. While they are not
responsible for enforcing
school policies, their
presence on campus does
serve to assist in maintain-
a1tic school environ�
ment ... SROs provide a
much-needed authoritative
presence,
juvenile attitudes and conduct in the pilot
areas as well. The program was again
broadened in 1976, when the department
included three senior high school SROs.
Currently the BPD has 177 sworn offi-
cers. The Juvenile Services Section has a
sworn officer complement of 14. juvenile
section assignments consist of one ser-
geant, one Parents and Youth Against
Drug Abuse (PAYADA) education officer,
one general assignment/gang prevention
coordinator, one Serious Habitual Offend-
er C,o;Ti'pre�fi,_e_nsive Action Fbram
Alt m- a°tiv chol bl<u, three,
4 s SROs and, seven j&a fugh,,
,
. D& i high, SROs also have
responsibility for investigations and edu-
cational programs at elementary schools
that graduate students into their respec-
tive junior highs. Security for sporting
events held after normal school hours is
provided by SROs as well.
The BISD is quite large. Total student
enrollment as of January 1993 was 25,031
There are 007 high school students and
5,656 junior high students. The school dis-
trict has 32 elementary schools with a
student population of 14;462.
Only experienced police officers are se-
lected for SRO assigr-oments. Necessary
qualifications include the ability to work
effectively with people, especially young
people. Their salaries, benefits and equip-
ment are provided by the police depart-
ment. Office space, office equipment and
utilities are provided by the school dis-
trict. The police department is reimbursed
for overtime costs based on a letter of
agreement with the school district.
The section is highly decentralized. The
high school, junior high and alternative
school SROs maintain offices at their as-
signed schools. Remaining staff members
work from the Criminal Investigation Office.
Communicationis always difficult with
any decentralized group, and is particu-
larly so with SROs, who are encouraged
to spend time away from their offices and
to engage in proactive activities in the
classroom, lunchroom and on or near the
campus. Communication is maintained
through four sep, rate systems. All SROs
are equipped with police car radios, office
telephones, mobile radio phones and
pagers. A number of schools have radio
systems that interface with the SRO radio
phone, enabling the SRO to talk directly
with school officials while involved in
extracurricular activities or while on
campus patrol.
While the SRO's role in the schools is
diverse, he is first and foremost a juvenile
detective. In 1992, the Juvenile Services
Sectiofi formally dealt with 3,452 cases
involving juvenile suspects. All juvenile
cases generated by the Patrol Division or
other sections of the C-riminal Investiga-
tion Division are referred to the juvenile
section for investigation and disposition.
SROs also initiate many cases brought
directly to them because of their close
proximity to the students, schools and the
community.
A large part of the SROs' function is
preventive in nature. While they are not
responsible for enforcing school policies,
their presence on campus does serve to
assist in maintaining order in a sometimes
k
d��,ment to knowi each other,
comf6ftable 'With, each . .... Ot'her's presence
and to work in harmony to achieve com-
mon goals.
'The second area idenfified, by Scheffer
was attitudes.. Beciause offhe close inter-
-uut: uu..Yt un nmer *�e� UM
r 1 0 fo !-UV 1110i 2 0 0 0.
contact between the students
4P roles are drastir lally alteried. Tb_,e_'s,tu en,ts
-b—egm to 1ooR af FRTSM as a person who
cares about their welfare. The preventive,
educational and role -modeling compo-
nents of the program effectively change
the students' misconceptions about police
officers and their role in society.
Ajbiui significant strength of the SRO
program involves the authority that law
I , d
enforcement officers brina with them to
..... . . ........
t , e school e'environmen't. NatiohWid"e,
scriciot NMYMStrators ave experienced
a continuing erosion of their ability to
maintain order and administer discipline.
This decline in authority has occurred
along with a corresponding increase in
school violence. More and more situations
involving weapons and violence are being
reported. The police officers' role as au-
thority figures and their statutory author-
ity makes them an invaluable asset to the
schools' administrators.
The SRO ppEam Epre I sents a etweecom-
egb7�bn
..munjay-based c,0QVpie
the ED. Clonslideratiom
commurucation,cooperation and cobb
oration are its cornerstones. I is one W,
the more popular and successful pro-
grams ever implemented by the police de-
partment., and it is a remarkable tribute
to the foresight of those people involved
in its initial development to realize that
its six original objectives remain valid
today. The oblecfives,are:
0 friendly contact between the police
department and the city's boys and girls;
0
0 assistance and realistic information
during times of stress and crisis;
education of children regarding the
role of laws, courts and police in society;
0 protection of children against moles -
"1 tation, involvement with older law
violators and other harmful influences;
investigation of cases involving ju-
veniles and use of effective alternatives
to court whenever possible; and
prevention of crime or delinquent
behavior by juveniles in their assigned
areas.
If we were beginning a program such
as the SRO program today, we might call
it a form of community policing. Com-
munity policing encompasses the world
of the juvenile in the community: the
peers, parents, police and teachers work-
ing together for the benefit of the
community's youth.
With its 23 -year history of excellence,
Boise's SRO program is an outstanding
example of a program that works. No one
can predict the future, but the city,, the
department, the schools and the commu-
nity remain committed to the reduction
of juvenile crime. Time will tell if we will
continue to be successful. "Life is short;
play hard.1' *
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