Title XIII GENERAL OFFENSES
Chapter 130 OFFENSES AGAINST THE PERSON
130.01 Assault.
130.02 Battery.
130.03 Throwing stones or other missiles.
130.04 Allowing a dangerous animal in the street.
130.05 Discharge of firearm.
130.07 Dangerous objects in streets.
130.08 Turning on hose or hydrant.
130.09 Getting on train in motion.
130.10 Abandoning refrigerators prohibited.
130.12 Brandishing of replica firearm prohibited.
130.13 Drug paraphernalia.
130.99 Penalty.
130.01 Assault.
It shall be unlawful for any person to commit an assault upon any other
person. A person commits an assault when, without lawful authority, he knowingly
engages in conduct which places another in reasonable apprehension of receiving
a battery. (S.H.A. Ch 38, § 12-1) (Ord 677, passed 4-1-75) Penalty, see
Section 130.99(A)
130.02 Battery.
It shall be unlawful for any person to commit a battery. A person commits
a battery when he intentionally and knowingly, without legal justification, by
any means causes bodily harm to an individual or makes or causes physical
contact of an insulting or provoking nature with an individual. (S.H.A. Ch 38,
§ 12-3) (Ord 677, passed 4-1-75) Penalty, see Section 130.99(B)
130.03 Throwing stones or other missiles.
It shall be unlawful for any person to heedlessly cast or throw any stone,
clod, snowball, or other missile from or into any public place or at any house
or person within the city. (Ord. 677, passed 4-1-75) Penalty, see Section
130.99(A)
130.04 Allowing a dangerous animal in the street.
It shall be unlawful for any person to permit any bear or other dangerous
animal to run at large or lead any such animal with a chain, rope, or other
appliance, whether such animal is muzzled or unmuzzled, in any street, avenue,
lane, highway, or public place within the corporate limits of this city. (Ord.
677, passed 4-1-75) Penalty, see Section 130.99(A)
130.05 Discharge of firearm.
(A) It shall be unlawful for any person to fire, discharge, set off, or
use within the corporate limits of the city any air gun, firearm, bean shooter,
slingshot, or any other instrument or machine from which a missile is discharged
or hurled except at or upon duly licensed ranges.
(B) It is declared to be
unlawful for any person to have or carry upon his person or within any vehicle
upon the streets, highways, or thoroughfares, and within the territory of the
corporate limits of the city any shotgun or rifle unless the shotgun or rifle
being carried or transported is unloaded and unless the same is disassembled, or
otherwise taken apart so as to render it incapable of being fired, or unless the
same is enclosed in a case. The provisions hereof shall not apply, however, to
the following officers while engaged in the discharge of their official duties:
sheriffs, coroners, constables, police officers, or other duly constituted peace
officers, nor to persons lawfully summoned by an officer to assist in making
arrests or preserving the peace and while so engaged in assisting such officer.
(Ord. 677, passed 4-1-75) Penalty, see Section 130.99(A)
130.07 Dangerous objects in streets.
It shall be unlawful for any person to place or cause to be placed,
intentionally or carelessly, upon the street or avenue of the city any glass,
cans, barbed wire, nails, tacks, broken pieces of chinaware, or any other
pointed or sharp material or instrument whatsoever that may cause injury to any
person or property. However, the placing of any broken stone, gravel, or other
material used for the improvement of the streets shall not be construed to be a
violation of the chapter. (Ord. 677, passed 4-1-75) Penalty, see Section
130.99(A)
130.08 Turning on hose or hydrant.
It shall be unlawful for any person to wilfully turn a stream of water
from any hose or hydrant upon any person or upon any private premises, not being
the occupant thereof. It is unlawful for any person to turn off any hose or
hydrant without lawful authority. (Ord. 677, passed 4-1-75) Penalty, see Section
130.99(A)
130.09 Getting on train in motion.
It shall be unlawful for any person to play upon or about any railroad
track, depot, locomotive, or car within the city or climb upon or jump from any
car or train of cars or from one car to another while the same is in motion.
(S.H.A. Ch. 114, § 72) (Ord. 677, passed 4-1-75) Penalty, see Section
130.99(A)
130.10 Abandoning refrigerators prohibited.
(A) It shall be unlawful for any person to abandon, discard, or leave
standing in any place accessible to children any refrigerator, icebox, or ice
chest of a capacity of 1-1/2 cubic feet or more which has an attached lid or
door.
(B) It shall be unlawful for any person, firm, or corporation who
owns, leases, manages, or controls any lot, piece, or parcel of real estate in
the city to store or knowingly permit the storing thereon or therein of any
abandoned or discarded refrigerator, icebox, or ice chest of a capacity of 1-1/2
cubic feet or more and which has an attached lid or door. (Ord. 677, passed
4-1-75; Am. Ord. 1498, passed 1-21-03)
130.12 Brandishing of replica firearm prohibited.
(A) Replica firearm defined. As used in this section the term
“replica firearm” shall include any device or object made of any
material which is a facsimile or toy version of, or is otherwise recognizable
as, a pistol, revolver, shotgun, sawed-off shotgun, rifle, machine gun, rocket
launcher or any other firearm.
(B) Brandishing replica firearm. No person
shall, except in self-defense, draw, exhibit or brandish a replica firearm in a
threatening manner in such a manner as to tend to cause the victim to reasonably
believe that the person is actually in possession of an operable
firearm.
(C) Any person, firm or corporation violating any provision of this
section shall be fined not less than $100 nor more than $500 for each offense,
and a separate offense shall be deemed committed on each day during or on which
a violation occurs or continues. (Ord. 1159, passed 2-2-93)
130.13 Drug paraphernalia.
(A) Definitions. As used in this section, unless the context otherwise
requires:
(1) “Cannabis” shall have the meaning ascribed to it
in Section 3 of the “Illinois Cannabis Control
Act.”
(2) “Controlled substance” shall have the meaning
ascribed to it in Section 102 of the “Illinois Controlled Substances
Act.”
(3) “Deliver” or “delivery.” The actual,
constructive or attempted transfer of possession, with or without,
consideration, whether or not there is an agency
relationship.
(4) “Drug paraphernalia.” All products and
materials of any kind which are peculiar to and marketed for use in planting,
propagating, growing, harvesting, compounding, converting, producing,
processing, preparing, testing, analyzing, packaging, repackaging, storing,
containing, concealing, injecting, ingesting, inhaling or otherwise introducing
into the human body cannabis or a controlled substance in violation of the
“Illinois Cannabis Control Act” or the “Illinois Controlled
Substances Act.” It includes, but is not limited to:
(a) Kits peculiar
to and marketed for use in manufacturing, compounding, converting, producing,
processing or preparing cannabis or a controlled
substance;
(b) Isomerization devices peculiar to and marketed for use in
increasing the potency of any species of plant which is cannabis or a controlled
substance;
(c) Testing equipment peculiar to and marketed for private home
use in identifying or in analyzing the strength, effectiveness or purity of
cannabis or controlled substances;
(d) Diluents and adulterants peculiar to
and marketed for cutting cannabis or a controlled substance by private
persons;
(e) Objects peculiar to and marketed for use in ingesting,
inhaling, or otherwise introducing cannabis, cocaine, hashish, or hashish oil
into the human body including, where applicable, the following
items:
1. Water pipes,
2. Carburetion tubes and devices,
3. Smoking
and carburetion masks,
4. Miniature cocaine spoons and cocaine
vials,
5. Carburetor pipes,
6. Electric pipes,
7. Air-driven
pipes,
8. Chillums,
9. Bongs,
10. Ice pipes or chillers;
(f) Any
item whose purpose, as announced or described by the seller, is for use in
violation of this Act.
(B) Reserved.
(C) Possession of drug
paraphernalia.
(1) A person who knowingly possesses an item of drug
paraphernalia with the intent to use it in ingesting, inhaling, or otherwise
introducing cannabis or a controlled substance into the human body, or in
preparing cannabis or a controlled substance for that use, is guilty of a Class
A misdemeanor for which the court shall impose a minimum fine of $750 in
addition to any other penalty prescribed for a Class A misdemeanor.
(2) In
determining intent under subsection (C)(1) of this section, the trier of fact
may take into consideration the proximity of the cannabis or controlled
substance to drug paraphernalia or the presence of cannabis or a controlled
substance on the drug paraphernalia.
(D) Exemptions.
(1) This Act shall
not apply to:
(a) Items marketed for use in the preparation, corn-pounding,
packaging, labeling or other use of cannabis or a controlled substance as an
incident to lawful research, teaching or chemical analysis and not for sale;
or
(b) Items marketed for, or historically and customarily used in
connection with the planting, propagating, cultivating, growing, harvesting,
manufacturing, compounding, converting, producing, processing, preparing,
testing, analyzing, packaging, repackaging, storing, containing, concealing,
objecting, ingesting, or inhaling of tobacco or any other lawful
substance.
Items exempt under this subsection include, but are not limited
to, garden hoes, rakes, sickles, baggies, tobacco pipes, and cigarette-rolling
papers;
(c) Items listed in subsection (D)(1)(a) of this section which are
marketed for decorative purposes, when such items have been rendered completely
inoperable or incapable of being used for any illicit purpose prohibited by this
section.
(2) In determining whether or not a particular item is exempt under
this subsection, the trier of fact should consider, in addition to all other
logically relevant factors, the following:
(a) The general, usual,
customary, and historical use to which the item involved has been
put;
(b) Expert evidence concerning the ordinary or customary use of the
item and the effect of any peculiarity in the design or engineering of the
device upon its functioning;
(c) Any written instructions accompanying the
delivery of the item concerning the purposes or uses to which the item can or
may be put;
(d) Any oral instructions provided by the seller of the item at
the time and place of sale or commercial delivery;
(e) Any national or local
advertising, concerning the design, purpose or use of the item involved, and the
entire context in which such advertising occurs;
(f) The manner, place and
circumstances in which the item was displayed for sale, as well as any item or
items displayed for sale or otherwise exhibited upon the premises where the sale
was made;
(g) Whether the owner or anyone in control of the object is a
legitimate supplier of like or related items to the community, such as a
licensed distributor or dealer of tobacco products;
(h) The existence and
scope of legitimate uses for the object in the community. (Ord. 1244, passed
11-5-96; Am. Ord. 1499, passed 1-21-03)
130.99 Penalty.
Any person, firm or corporation violating any provision in this title, for
which another penalty is not provided, shall for a first conviction be fined not
less than $25 nor more than $750, for a second conviction within one year
thereafter, the person, firm or corporation shall be fined not less than $100
nor more than $750 and for a third or subsequent conviction within one year
after the first conviction, the person, firm or corporation shall be fined not
less than $250 nor more than $750. A separate offense shall be deemed committed
on each day during or which a violation occurs or continues. (Ord. 1574, passed
7-15-03)
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