Title XIII GENERAL OFFENSES
Chapter 132 OFFENSES AGAINST PUBLIC PEACE
Article 1. General Provisions
132.01 Disorderly conduct.
132.02 Unlawful assemblage.
132.03 Aiding in breach of peace.
132.04 Permitting unlawful assemblage.
132.05 Disturbing lawful assemblage or election.
132.06 Disturbing funeral procession.
132.07 Congregating or blocking passage.
132.08 Obstruction of street.
132.09 Street lounging.
132.11 Sleeping in public place.
132.13 Public intoxication.
132.14 Concealed weapons.
132.15 Peace officers excepted.
132.16 Selling deadly weapons.
132.17 Impersonating an officer.
132.19 Disobeying police and fire officials.
132.20 Possession, sale, or consumption of alcoholic liquor in public places.
132.21 Resisting or obstructing a peace officer.
132.22 Sale of personal property.
132.23 False alarms.
132.24 Automatic alarm dialing devices.
132.25 Park hours.
Article 2. Street Gang Activity
132.31 Curfew.
132.32 Parental responsibility.
132.35 Loitering for the purpose of causing street gang activity or recruitment prohibited.
132.36 Maintaining public nuisance.
132.37 Loitering for the purpose of illegally using, possessing or selling cannabis or controlled substances.
132.38 Truancy prohibited.
132.39 Violation of certain sections--Penalty.
132.99 Penalty.
Article 1. General Provisions
132.01 Disorderly conduct.
It shall be unlawful for any person to commit disorderly conduct. A person
commits disorderly conduct when he knowingly:
(A) Does any act in such
unreasonable manner as to alarm or disturb another or provoke a breach of the
peace; or
(B) With intent to annoy another makes a telephone call whether or
not conversation thereby ensues; or
(C) Disturbs or disquiets any
congregation or assembly meeting for any lawful purpose, religious or otherwise,
by making noise or profane discourse within the meeting place or so near the
same as to disturb the order and conduct of the meeting;
(D) Transmits in
any manner to the police department or the fire department of the city a false
alarm of fire or false report knowing at the time of the transmission that there
is no reasonable grounds for believing that the fire or condition
exists;
(E) Transmits in any manner to another a false alarm to the effect
that a bomb or other explosive of any nature is concealed in such a place that
its explosion would endanger human life knowing at the time of the transmission
that there is no reasonable ground for believing that a bomb or explosive is
concealed in such place;
(F) Disturbs the peace of the city or the quiet of
any private family or person therein by loud or unusual noises including, but
not limited to, those created by unreasonable use of horns, whistles, bells,
fireworks, boisterous laughing or singing, or by shouting, cursing, quarreling,
challenging to fight, or fighting;
(G) Appears in any unlicensed place in
possession of or manifestly under the influence of alcohol, narcotics, or other
drug, not therapeutically administered to the degree that he may endanger
himself or other persons or property or annoy persons in his vicinity.
“Public place” for the purposes of this division (G) means any place
where the conduct may reasonably be expected to be viewed by others;
or
(H) Goes upon any school property, public or private, within the city at
any time when other persons are present for the purpose of or with the intention
of making or doing any unreasonable act which disrupts or interferes with or
tends to disrupt or interfere with the educational classes or social and
athletic activities then and there in progress. (Ord. 677, passed 4-1-75; Am.
Ord. 867, passed 11-2-82) Penalty, see Section 132.99(A)
132.02 Unlawful assemblage.
It shall be unlawful for any two or more persons to assemble for any
unlawful purpose or, being assembled, to act in concert to do any unlawful act
with force and violence against the property of the city, the person or property
of another, against the peace or to the terror of the citizens or any other
persons in the city, or make any movement or preparation therefor. (Ord. 677,
passed 4-1-75) Penalty, see Section 132.99(A)
132.03 Aiding in breach of peace.
It shall be unlawful for any person to make, aid, countenance, or assist
in making any improper noise, riot, breach of the peace, or diversion tending to
a breach of the peace. It shall be unlawful for all persons to collect in bodies
or crowds for unlawful purposes or for any purpose to the annoyance or
disturbance of citizens or travelers. (Ord. 677, passed 4-1-75) Penalty, see
Section 132.99(A)
132.04 Permitting unlawful assemblage.
It shall be unlawful for any person to willfully allow or permit any
assemblage for the purpose of committing any unlawful act or breach of the peace
or any riotous, offensive, or disorderly conduct in or upon premises owned or
occupied by him or under his control. (Ord. 677, passed 4-1-75) Penalty, see
Section 132.99(A)
132.05 Disturbing lawful assemblage or election.
It shall be unlawful for any person to disturb or disquiet any lawful
assemblage or association of people by any rude or indecent behavior, or by any
disorderly conduct or to create any disturbance, or be guilty of any disorderly
conduct at any election poll. (Ord. 677, passed 4-1-75) Penalty, see Section
132.99(A)
132.06 Disturbing funeral procession.
It shall be unlawful for any person to interrupt or disturb any funeral
assemblage or break into or drive any conveyance through any funeral procession.
(Ord. 677, passed 4-1-75) Penalty, see Section 132.99(A)
132.07 Congregating or blocking passage.
It shall be unlawful for any person to:
(A) Congregate about or upon
any stairway, doorway, window, or in front of any business or dwelling house,
theatre, lecture room, church street corner, or elsewhere and by so doing
obstruct or interfere with the free passage of persons entering or occupying the
building or premises; or
(B) By language, conversation, or conduct annoy,
insult, or disturb persons passing along the streets or alleys or occupying,
residing, or doing business in any of the houses or places; or
(C) Otherwise
be a nuisance. (Ord. 677, passed 4-1-75) Penalty, see Section
132.99(A)
132.08 Obstruction of street.
It shall be unlawful for any person to engage in any activity in the
streets or upon the sidewalks which shall have a tendency to interfere with the
passage of vehicles or persons along the street or sidewalks. (Ord. 677, passed
4-l-75) Penalty, see Section 133.99(A)
132.09 Street lounging.
It shall be unlawful for any person to obstruct any street, sidewalk, or
other public place of the city by lounging in or about the same. (Ord. 677,
passed 4-1-75) Penalty, see Section 132.99(A)
132.11 Sleeping in public place.
It shall be unlawful for any person to sleep in or upon any street,
avenue, alley, or other public place in the city or in or upon any private lot
or premises without the consent of the owner or occupant of the lot or premises.
(Ord. 677, passed 4-1-75) Penalty, see Section 132.99(A)
132.13 Public intoxication.
(A) It shall be unlawful for any person who is in a state of intoxication
or drunkenness to be or appear under any circumstances in any street or public
place or in any place or premises open to public view within the city. It shall
be unlawful for any such person to be or appear in any private house or place to
the annoyance of any person.
(B) It shall be unlawful for any person to
drink alcoholic beverages or alcoholic liquors in any street, sidewalk, alley,
or other unlicensed public place or in or upon any vehicle commonly used for the
transportation of passengers or in or upon any depot, platform, or waiting room
of any public carrier. (Ord. 677, passed 4-1-75) Penalty, see Section
132.99(A)
132.14 Concealed weapons.
(A) It shall be unlawful for any person within the corporate limits of the
city to carry or wear under his clothes or concealed about his person or in or
about a motor vehicle in which he is a passenger any pistol, revolver,
derringer, bowie knife, dirk, knife, razor, dagger, slingshot, metallic
knuckles, or other dangerous or deadly weapons of a like character.
(B) Upon
complaint made under oath or affirmation to any judge that any person has been
guilty of violating the provisions of this section a summons or warrant shall be
issued for the summoning or arrest of the offender returnable forthwith. Upon
the return of the summons or warrant the judge shall proceed to the hearing and
determination of the matter. If it is adjudged that the person has violated the
provisions of this section the judge shall order that the weapon be forfeited to
and confiscated by the city. (Ord. 677, passed 4-1-75) Penalty, see Section
132.99(B)
132.15 Peace officers excepted.
The provisions of Section 132.14 shall not apply to sheriffs, coroners,
constables, members of the police force, or other peace officers engaged in the
discharge of their official duties or to any person summoned by any such
officers to assist in making arrest or preserving the peace while the person so
summoned is engaged in assisting the officer. (Ord. 677, passed 4-1-75) Penalty,
see Section 132.99(A)
132.16 Selling deadly weapons.
It shall be unlawful for any person to sell, give, loan, hire, barter,
furnish, or offer to sell, give, loan, hire, barter, or furnish to any minor
within the city any gun, pistol, revolver, fowling piece, or other toy firearm
in which any explosive substance can be used, or any bowie knife, dirk, dagger,
or other deadly weapon of a like character. (Ord. 677, passed 4-1-75) Penalty,
see Section 132.99(B)
132.17 Impersonating an officer.
It shall be unlawful for any person to falsely represent himself to be an
officer of this city or without being duly authorized by the city to exercise or
attempt to exercise any of the duties, functions or powers of a city or peace
officer. (Ord. 677, passed 4-1-75) Penalty, see Section 132.99(B)
132.19 Disobeying police and fire officials.
It shall be unlawful for any person to wilfully fail or refuse to comply
with any lawful order or direction of a police officer or fire department
official. (Ord. 677, passed 4-1-75) Penalty, see Section 132.99(A)
132.20 Possession, sale, or consumption of alcoholic liquor in public places.
(A) It shall be unlawful for any person to transport, carry, possess, or
have any alcoholic liquor on or about his person on any public street, alley,
sidewalk, or other public property within the city except in the original
package with the seal unbroken.
(B) It shall be unlawful for any person to
sell, offer for sale, keep for sale, or consume any alcoholic liquor on any
public street, alley, sidewalk, or any other public property within the city.
(Ord. 803, passed 2-17-81) Penalty, see Section 132.99(C)
Cross-reference: Liquor purchases by minors; intoxication, see Section
133.12. Public intoxication, see Section 132.13
132.21 Resisting or obstructing a peace officer.
(A) It shall be unlawful for any person to knowingly resist or obstruct
the performance by one known to that person to be a peace officer of any
authorized act within his official capacity.
(B) It shall be unlawful for a
person to use force to resist an arrest which that person knows is being made
either by a peace officer or by a private person summoned and directed by a
peace officer and to make the arrest, even if he believes that such arrest is
unlawful and such arrest is in fact unlawful. (Ord. 867, passed
11-2-82)
132.22 Sale of personal property.
(A) Definitions. As used in this section, unless the context otherwise
requires, the terms specified have the meaning ascribed to
them:
(1) “Personal property” means any type of non-real
property, including, but not limited to, automobiles, motorized vehicles,
snowmobiles, boats, trailers, motorcycles and motor
scooters.
(2) “Seller” means the person selling or attempting to
sell personal property.
(B) Sales only from permitted locations. Except as
otherwise provided by city ordinance, and after otherwise fully complying with
all other city ordinances, a person shall only sell or offer personal property
for sale from real property, the entirety of which owned or leased by the seller
and appropriately zoned.
(C) Intermittent sale of single item. A person may
sell or display for sale one item of personal property from a residential zoning
district in the city, subject to the following conditions:
(1) The seller
must own or lease and live on the real property where the personal property is
being sold.
(2) The personal property must be owned and, if applicable,
titled in the seller.
(3) The personal property offered for sale is limited
to one item.
(4) The personal property must be parked or located on the
seller’s property’s driveway and not on or within any public
property or right-of-way.
(5) The personal property cannot be offered for
sale for more than 60 days in any calendar year.
(6) There is no violation
or conflict with any other provision of the city code.
(D) Removal of
personal property. If the city reasonably believes items of personal property
are being sold in violation of this section, the city may securely affix notice
one time, 6” x 8” in size, enumerating the violation and giving the
owner 48 hours from the posting of the notice to comply with this section. If
the violation is not corrected, the city may have the personal property towed or
otherwise removed and stored at the owner’s sole expense. The
owner’s failure to pay fees and costs could result in a lien on and sale
of the personal property as provided by law.
(E) Penalty. Any person
violating this section shall be subject to the following penalties:
(1) Any
person found to have violated this section shall be fined not less than $25 nor
more than $500 for the first offense and not less than $100 nor more than $500
for the second and succeeding offenses. Every day upon which a violation exists
shall be considered a separate and distinct violation. In addition, the city
shall have all such other rights and remedies as may be available to it at law
or equity.
(2) In addition to and not in lieu of the foregoing, if after 48
hours from the time of posting of the notice the violation is not corrected, the
city may tow or otherwise remove such personal property and have it stored at
the owner’s sole expense. (Ord. 1292, passed 8-18-98)
132.23 False alarms.
(A) Each person or business having an approved alarm, automatic protection
device or signaling device, to include burglar alarms, shall be responsible for
any false alarm transmitted by the device which they operate or
maintain.
(B) Transmission of false alarms constitutes a deterrent to the
overall effective operation of the system. The chief of police or fire
department shall maintain a record of all false alarms. A person owning or
leasing an alarm shall be charged a fee of $35 for each false alarm in excess of
one in any six-month period transmitted by any automatic protection device or
signaling device. Such charge shall be remitted to the city upon receipt of a
statement for such charge.
(C) A false alarm will be any alarm of non-bona
fide cause, to include a/an alarm out of adjustment or broken equipment. (Ord.
1294, passed 9-1-98; Am. Ord. 1307, passed 3-16-99)
132.24 Automatic alarm dialing devices.
(A) “Automatic dialing device” refers to an alarm system which
automatically sends over regular telephone lines, by direct connection or
otherwise, a prerecorded voice or coded signal indicating the existence of the
emergency situation that the alarm system is designed to detect.
(B) It
shall be unlawful for any person, firm or corporation to interconnect any
automatic dialing device to the police department primary trunkline and no
person shall permit such devices to remain interconnected from any property
owned or controlled by that person, firm or corporation.
(C) Such devices
may be interconnected to a phone line other than the police department primary
trunkline if such line installed, but the use thereof shall be subject to the
following conditions:
(1) The police chief shall supply such phone number to
any person requesting the same in writing and such person shall pay a monthly
fee to reimburse the city for the use thereof. Such fee shall be set by the city
from time to time to cover the expense thereof.
(2) The alarm user will
provide the police department with the names and telephone numbers of at least
two other persons who have agreed in writing to cooperate in this program, who
can be reached at any time, day or night, and who are authorized to and will
respond to any call from the police department that such alarm is activated and
who can and will open the premises where the device is installed.
(3) The
city, and its police department and its officers, elected officials and
employees shall have no responsibility for the maintenance of such system, the
answering of calls made to such phone, the relaying of any message to respond to
any call made by such automatic dialing device, or the answering of any such
calls. The alarm user by the use thereof expressly agrees to release all of the
above from any claim or liability for any act or omission in connection with the
use, operation, control and management of such system or any failure of the
city, its police officers, elected officials and employees to monitor such
system or respond to any calls on said system.
(D) This section shall not
apply to any such devices that are installed and operating at the time of the
adoption of this section, but upon the installation of a phone line other than
the police department primary trunkline for use by automatic alarm dialing
devices then such existing devices shall be reprogrammed to use only the new
phone line and number supplied by the police chief. (Ord. 1507, passed
1-21-03)
132.25 Park hours.
It shall be unlawful for any person to enter or remain within a park owned
by the city between the hours of dusk and dawn. (Ord. 06-07-18-03, passed
7-18-06)
Article 2. Street Gang Activity
132.31 Curfew.
Notwithstanding anything contained to the contrary in existing city
ordinances the following shall apply with respect to curfew:
(A) It is
unlawful for a person more than 15 years of age but less than 18 years of age to
be present at or upon any public assembly, building, place, street or highway at
the following times unless accompanied and supervised by a parent or legal
guardian unless engaged in a business or occupation which the laws of this state
authorize a person less than 18 years of age to perform:
(1) Between 12:01
a.m. and 6:00 a.m. Saturday;
(2) Between 12:01 a.m. and 6:00 a.m.
Sunday;
(3) Between 11:00 p.m. on Sunday to Thursday, inclusive, and 6:00
a.m. on the following day.
(B) It is unlawful for a person less than 16
years of age to be present at or upon any public assembly, building, place,
street or highway at the following times unless accompanied and supervised by a
parent or legal guardian unless engaged in a business or occupation which the
laws of this state authorize a person less than 16 years of age to perform or
unless in attendance at, or while traveling directly home from, a school, church
or a not-for-profit community organization sponsored activity:
Between 10:00
p.m. and 6:00 a.m. on the following day, seven days a week.
(C) It is
unlawful for any parent, legal guardian or other person to knowingly permit a
person in his custody or control to violate this section.
(D) Exemption. No
child shall be guilty of this offense if involved in, going to or coming from an
activity involving the exercise of the child’s rights protected under the
First Amendment to the United States Constitution or Article 1, Sections 2, 4
and 5 of the Constitution of the State of Illinois, or both. (E) Before taking
any enforcement action under this section, a police officer shall ask the
apparent offender’s age and reason for being in the public place. The
officer shall not issue a citation or make an arrest under this section unless
the officer reasonably believes that an offense has occurred and that, based on
any response and other circumstances, no defense in subsection (D) is present.
(Ord. 1180, passed 1-4-94; Am. Ord. 1635, passed 5-18-04)
132.32 Parental responsibility.
(A) As used in this section, unless the context otherwise requires, the
terms specified have the meaning ascribed to them:
(1) “Legal
guardian” means a person appointed guardian, or given custody, of a minor
by a circuit court of the state, but does not include a person appointed
guardian, or given custody, of a minor under the Illinois Juvenile Court Act of
1987.
(2) “Minor” means a person who is above the age of 11
years, but not yet 19 years of age.
(B) The parent or legal guardian of an
unemancipated minor who resides with such parent or legal guardian is liable for
actual damages for the wilful or malicious acts of such minor which cause injury
to a person or property.
(C) No recovery under this section may exceed
$1,000 actual damages for each person or legal entity for each occurrence of
such wilful or malicious acts by the minor causing injury, in addition to
taxable court costs. In determining the damages to be allowed in an action under
Sections 132.30 through 132.39 for personal injury, only medical, dental and
hospital expenses and expenses for treatment by Christian Science practitioners
and nursing care appropriate thereto may be considered.
(D) Sections 132.30
through 132.39 shall not affect the recovery of damages in any other cause of
action where the liability of the parent or legal guardian is predicated on a
common law or statutory basis. (Ord. 1180, passed 1-4-94)
132.35 Loitering for the purpose of causing street gang activity or recruitment prohibited.
(A) Definitions.
(1) “Street gang” means any combination,
confederation, alliance or understanding in law or in fact, that through its
members or through the agency of any member and at the direction, order or
request of any member who is a leader or other authority, engages in a course or
pattern of criminal activity.
(2) “Course or pattern of criminal
activity” means two or more gang-related criminal offenses
when:
(i) One or more of the offenses was committed after the effective date
of this ordinance; and
(ii) The offenses were committed within five years of
each other; and
(iii) At least one offense involved the solicitation to
commit, conspiracy to commit, or commission of any offense defined as a felony
or forcible felony under the Illinois Criminal Code.
(3) “Gang-related
activities” means those activities which are conducted with the intent to
increase the gang’s size or dominance, or with the intent to provide the
gang with an advantage in the criminal market sector, or with the intent to
obstruct justice, or with the intent to otherwise directly or indirectly cause
any benefit or gain to or for the gang.
(B) It shall be unlawful for any
person to loiter, loaf, wander, stand, or remain idle whether alone and/or in
consort with others in a public place with the purpose of recruiting others for
membership in a street gang or for participation in gang-related activities.
(Ord. 1180, passed 1-4-94)
132.36 Maintaining public nuisance.
(A) Any building or dwelling used in the commission of offenses prohibited
by Sections 9-1, 10-1, 10-2, 11-14, 11-15, 11-16, 11-17, 11-20.1, 11-21, 11-22,
12-5.1, 16-1, 20-2, 23-1, 23-1(a)(1), 24-1(a)(7), 24-3, 28-1, 28-3, 31-5 or 39
A-1 of the Criminal Code of 1961, or prohibited by the Illinois Controlled
Substances Act, 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 within the meaning of Section 132.35 above is
a public nuisance.
(B) Abatement.
(1) The city may after 30 days and
within 90 days of giving the Attorney General and the State’s Attorney of
Will 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
said nuisance in accordance with the procedures delineated below probated that
the Attorney General or the State’s Attorney of Will County has not
already commenced a similar action.
(2) The city may commence an action to
abate the public nuisance in the circuit court of Will County. Upon being
satisfied by affidavits or other sworn evidence that an alleged public nuisance
exists the court may without notice or bond enter a temporary restraining order
or preliminary injunction to enjoin any defendant from maintaining such 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 seq. 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 maintaining or allowing such nuisance for a period
six months thereafter, except that an owner, lessee or other occupant thereof
may use such place if the owner shall give bond with sufficient security or
surety approved by the court, in an amount between $1,000 and $5,000 inclusive,
payable to the city, 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 fine, costs or damages resulting from such an offense thereafter. (Ord.
1180, passed 1-4-94)
132.37 Loitering for the purpose of illegally using, possessing or selling cannabis or controlled substances.
(A) It shall be a violation of Sections 132.30 through 132.39 for a person
to loiter in a public place in a manner and under circumstances manifesting the
purpose of illegally using, possessing, transferring or selling any cannabis or
controlled substance. Among the circumstances which may be considered in
determining whether such a purpose is manifested are:
(1) The person is a
known illegal user, possessor or seller of cannabis or controlled substance, or
the person is loitering in a place frequented by persons who are known to
illegally use, possess, transfer, or sell cannabis or controlled substances;
and
(2) The person repeatedly attempts to stop or engage in conversation
with passersby, whether such passersby are on foot or in a motor vehicle or
other form of transportation, for the purposes of inducing, enticing,
soliciting, or procuring another to illegally possess, transfer, or buy any
cannabis or controlled substances; or
(3) The person repeatedly passes to or
receives from passersby, whether such passersby are on foot or in a motor
vehicle or other form of transportation, money, objects or written material for
the purposes of inducing, enticing, soliciting or procuring another to illegally
possess, transfer or buy any cannabis or a controlled substance.
(B) A
person shall not have violated Sections 132.30 through 132.39 unless he
demonstrates expressly or implicitly a specific intent to induce, entice,
solicit, or procure another to illegally possess, transfer or buy cannabis or a
controlled substance.
(C) A peace officer may not arrest a person for
violation of Sections 132.30 through 132.39 unless the peace officer first
offers the person an opportunity to explain his conduct.
(D) For the
purposes of this section, a “known illegal user, possessor, or seller of
controlled substances” is a person who, within one year previous to the
date of arrest for violation of the section, has within the knowledge of the
arresting officer been convicted of illegally manufacturing, using, possessing,
selling, purchasing or delivering any controlled substance. (Ord. 1180, passed
1-4-94)
132.38 Truancy prohibited.
(A) It shall be a violation of Sections 132.30 through 132.39 for any
person under the age of 18 who is enrolled in a public, private or parochial
school to absent himself from attendance at such school without the permission
of his legal guardian(s) or parent(s). Any person who shall so absent himself
shall be guilty of the offense of truancy and be subject to the penalties set
forth below. Emergency or unforeseen absences due to illness or other reasonable
cause beyond the control of the person so absenting himself from school without
the permission of his parent(s) or legal guardian(s) shall not constitute
truancy if such permission is obtained from said parent(s) or legal guardian(s)
and submitted in writing to the proper school authorities within 24 hours of
such absence.
It shall be unlawful for any person to induce or attempt to
induce any child to be absent from school unlawfully, or who knowingly employs,
harbors, while school is in session, any child absent from school in violation
of this section. Any person violating the above sentence shall be fined not less
than $50.00, and up to $500.00.
(B) Procedure: Initial contact and
documentation. Upon encountering a school-aged individual outside of school
during school hours, a police officer or truant officer may:
(1) Question
such individual in order to determine whether the individual has violated this
section and verify truancy with the school; and
(2) Upon reasonably
ascertaining that such individual has violated this section, seize the
individual and return him to the proper authority at school;
and
(3) Complete a truancy report containing the following information: full
name, date of birth, address, telephone number, parent or guardian’s name,
work place telephone number, and school attended; and
(4) Forward a copy of
the report to juvenile investigations and the truant officer of Will County;
and
(5) If a first offense, a violator may be given the option to work for
four hours of school-related community service, to be completed within 30 days
of the offense in lieu of any fine.
A juvenile officer shall renew the
report and complete or update an applicable juvenile contact card. Further, a
school representative or county truant officer may file a report of truancy
directly with a juvenile officer in cases of frequent truancy that is not
documented by police reports.
(C) Procedure: Chronic truants. A chronic
truant, hereinafter defined as an individual who has violated this section three
times in one year or has otherwise been shown to have absented himself from
school three times in one year, shall submit to a student and parent conference
with either a juvenile officer, county truant officer or school representative
at the request of same. The following disposition or “staffing” may
result:
(1) Station adjustment.
(2) Station adjustment with supervision
by a juvenile officer, if applicable.
(3) Referral of chronic truant to
counseling and/or appropriate agency to deal with the specialized
problem.
(4) Referral to the juvenile court.
(5) Referral to the adult
court, in cases of individuals who are 17 years old or older and who for various
reasons have special problems such as, but not limited to, behavior disorders,
learning disabilities, etc.
(D) Recommended dispositions in juvenile or
adult court.
(1) Court shall consider the following as possible dispositions
of a chronic truancy case:
(a) Adult supervision for one year or for the
balance of the school year in which the offense was
committed.
(b) Suspension of driver’s license where
applicable.
(c) Community service work.
(d) Fines of $150 to $500, which
may be waived upon the successful completion of the school year without
unexplained absence.
(e) Referral to specific agencies available to address
specific problems.
(f) Incarceration in the county jail.
(E) It shall be
a violation of this code for any person having custody or control of a child
subject to the truancy provisions of this code to whom notice has been given of
that child’s truancy to knowingly and willfully permit such child to
persist in his truancy within that school year. (Ord. 1180, passed 1-4-94; Am.
Ord. 1218 passed 3-19-96; Am. Ord. 1354, passed 2-21-01)
132.39 Violation of certain sections--Penalty.
The penalty for Sections 132.30, 132.31, 132.34, 132.35, 132.36(A) and
132.38 shall be a fine of not less than $50 nor more than $500. Where an offense
is ongoing and permitted to continue, each day shall constitute a separate
offense. In addition, where applicable, such penalties shall include restitution
to any victim involved. Such penalties are not the sole and exclusive remedy of
the city and shall not preclude any civil remedy available to the victims
involved. (Ord. 1180, passed 1-4-94)
132.99 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. 867, passed
11-2-82; Ord. 1574, passed 7-15-03)
<< previous | next >>