HomeMy WebLinkAboutOrdinances - MC-07-932 - 09/17/2007 - AMEND MC CH 14 OFFENSES - MISCOrdinance No MC-07- 932
An Ordinance providing for updates to
Chapter 14 of the City of McHenry Municipal Code
BE IT ORDAINED by the CITY COUNCIL of the CITY OF MCHENRY, McHenry County,
Illinois as follows:
SECTION 1: That Chapter 14 Offenses - Miscellaneous of the City of McHenry Municipal
Code is hereby repealed and replaced with the following:
MUNICIPAL CODE
CHAPTER 14
OFFENSES - MISCELLANEOUS
ARTICLE I. IN GENERAL
Sec. 14-1. Compounding a crime.
A person compounds a crime, which is a misdemeanor, when he receives or offers to another any
consideration for a promise not to prosecute or aid in the prosecution of an offender.
Sec. 14-2. Accountability for conduct of another.
A person is responsible for conduct which is an element of an offense if the conduct is either that of the
person himself, or that of another and he is legally accountable for such conduct as provided in
subsection (A), or both.
(A) When accountability exists. A person is legally accountable for the conduct of another when:
(1) Having a mental state described by the ordinance defining the offense, he causes another to
perform the conduct, and the other person in fact or by reason of legal incapacity lacks such a
mental state; or
(2) The ordinance defining the offense makes him so accountable; or
(3) Either before or during the commission of an offense, and with the intent to promote or
facilitate such commission, he solicits, aids, abets, agrees or attempts to aid, such other
person in the planning or commission of the offense. However, a person is not so
accountable, unless the ordinance defining the offense provides otherwise, if:
(a) He is a victim of the offense committed; or
(b) The offense is so defined that his conduct was inevitably incident to its commission; or
(c) Before the commission of the offense, he terminates his effort to promote or facilitate
such commission, and does one of the following: Wholly deprives his prior efforts of
effectiveness in such commission, or gives timely warning to the proper law enforcement
authorities, or otherwise makes proper effort to prevent the commission of the offense.
(B) Separate conviction of person accountable. A person who is legally accountable for the conduct
of another which is an element of an offense may be convicted upon proof that the offense was
committed and that he was so accountable, although the other person claimed to have committed
the offense has not been prosecuted or convicted, or has been convicted of a different offense or
degree of offense, or is not amenable to justice, or has been acquitted.
Sec. 14-3. Nuisance businesses.
No business, licensed or not, shall be so conducted or operated as to amount to a nuisance in fact.
Sec. 14-4. Disorderly conduct.* (MC-94-621)
* Cross Reference - Boisterousness in parks, Sec. 16-37.
No person shall engage in disorderly conduct in the City. A person commits disorderly conduct when he
knowingly:
(A) Does any act in such unreasonable manner as to alarm or disturb another and to provoke a breach
of the peace;
(1) Transmits in any manner to the fire department of any municipality or fire protection district
a false alarm or fire, knowing at the time of such transmission that there is no reasonable
ground for believing that such fire exists;
(2) 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 place that its explosion would endanger human life,
knowing at the time of such transmission that there is no reasonable ground for believing that
such bomb or explosive is concealed in such place.
(3) Transmits in any manner to any peace officer, public officer or public employee a report to
the effect that an offense has been committed, knowing at the time of such transmission that
there is no reasonable ground for believing that such an offense has been committed.
(4) Enters upon the property of another and for a lewd or unlawful purpose and deliberately
looks into a dwelling on the property through any window or other opening in it.
(5) With the purpose of causing public danger, alarm, disorder, nuisance, he commits any of the
following acts in a public place:
(a) Commits an act in a violent manner toward another whereby that other person is placed
in danger of his life or health;
(b) Commits an act in a violent manner toward another whereby the property of any person is
placed in danger of being destroyed or damaged;
(c) Causes, provokes or engages in any fight, brawl or riotous conduct so as to endanger the
life, health or property of another;
(d) Interferes with another's pursuit of a lawful occupation by acts of violence;
(e) Obstructs, either singly or together with other persons, the flow of vehicular or pedestrian
traffic and refuses to clear such public way when ordered to do so by a peace officer or
other lawful authority;
(f) Incites, attempts to incite or is involved in attempting to incite a riot or unlawful
disturbance;
(g) Uses abusive language or threats to any peace officer or any other person when such
words have a direct tendency to cause acts of violence. Words merely causing
displeasure, annoyance or resentment are not prohibited.
(h) Makes or causes to be made any loud, boisterous and unreasonable noise or disturbance
to the annoyance of any other persons nearby, or near to any public highway, road, street,
lane, alley, park, square or common, whereby the public peace is broken or disturbed, or
the traveling public annoyed;
(i) Fails to obey a lawful order to disperse by a peace officer where one or more persons are
committing acts of disorderly conduct in the immediate vicinity, and the public health
and safety is threatened;
(j) Uses abusive or obscene language or makes an obscene gesture in public.
(k) Assembles with three or more persons for the purpose of using force or violence to
disturb the public peace;
(1) Assembles with three or more persons for the purpose of violating any provision of the
Municipal Code of the City of McHenry; and
(m)Appears in any public place, or on any private street, road or drive that is the subject of a
written request from the property owner pursuant to 625 ILCS 5/11-209.1, and is under
the influence of alcohol or controlled substance, to the degree that he may endanger
himself or other persons or property, or alarm or disturb other persons in the vicinity
(MC-96-666).
(6) Permits any assembly of two or more persons for the purpose of committing any unlawful act
or breach of the peace, or any riotous, offense or disorderly conduct, in or upon any premises
owned or occupied by him or under his control;
(7) Interrupts or disturbs any lawful assemble of people by making any loud or unusual noise, or
by rude or indecent behavior, or by profane, obscene or improper discourse or conduct.
(8) Engages in Mob Action. Mob action consists of any of the following:
(a) The use of force or violence disturbing the public peace by two or more persons acting
together and without authority of law;
(b) The assembly of two or more persons to commit an unlawful act; or
(c) The assembly of two or more persons, without authority of law, for the purpose of doing
violence to the persons or property of anyone supposed to have been guilty of a violation
of the law, or for the purpose of exercising correctional powers or regulative powers over
any person by violence.
(9) Disturbs, tends to disturb or aid in disturbing the peace of others by violent, tumultuous or
offensive conduct, and no person shall knowingly permit such conduct upon any premises
owned or possessed by him or under his control.
(10) Loiters or strolls in, about or upon any street, alley or other public way or public place, or in
any public gathering or assembly, or in or around any store, shop or business or commercial
establishment, or on any private property or place without lawful business or conduct himself
in a lewd, wanton or lascivious manner in speech or behavior.
(11) Uses paint or other medium in any way to deface, damage or destroy property.
(12) Penalty. Any person violating this Section 14-4 shall be fined not less than $400 for each
offense and be responsible for reimbursing the City's cost of prosecution including attorney
fees incurred by the City. Each day that a violation continues shall be considered a separate
offense. Restitution by the violator shall also be made to any property damaged or destroyed
or person injured.
Secs. 14-5 - 14-6. Reserved. (MC-94-621)
Sec. 14-7. Disturbing religious worship.
No person in the City shall disquiet or disturb any congregation or assembly for religious worship by
snaking a noise or by rude or indecent behavior, or profane discourse within their place of worship, or so
near the same as to disturb the order or solemnity of the meeting.
Sec. 14-8. Noise.*
:* Cross Reference - Noisy animals, Sec. 6-5.
[t shall be unlawful for any person to make, or cause to be made, create or maintain, loud, unnecessary,
unnatural or unusual noises which are prolonged, unusual and unnatural in their time, place and use, and
which affect and are a detriment to public health, comfort, convenience, safety, welfare and prosperity
of the residents of the City, or which annoys, disturbs, injures or endangers the comfort, repose, health,
peace or safety of others, within the limits of the City. The following acts, among others, are declared to
be loud, disturbing and unnecessary noises in violation of this Section, but said enumeration shall not be
deemed to be exclusive, namely:
(A) Horns, Signaling Devices, Etc. The sounding of any horn or signaling device on any automobile,
motorcycle, or other vehicle on any street or public place of the City, except as a danger
warning; the creation by means of any such signaling device of any unreasonably loud or harsh
sound; and the sounding of any such device for an unnecessary and unreasonable period of time.
The use of any signaling device except one operated by hand or electricity; the use of any horn,
whistle or other device operated by engine exhaust; and the use of any such signaling device
when traffic is for any reason held up.
(I3) Radios, boom boxes, personal music devices, etc. The using, operating, or permitting to be
played, used or operated any radio receiving set, musical instrument, personal musical device or
other machine or device for the producing or reproducing of sound in such manner as to disturb
the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume
than is necessary for convenient hearing for the person or persons who are in the room, vehicle
or chamber in which such machine or device is operated and who are voluntary listeners thereto.
The operation of any such set, instrument, machine or device between the hours of 11:00 p.m.
and 7:00 a.m. in such a manner as to be plainly audible at a distance of fifty feet from the
building, structure, or vehicle in which it is located shall be prima facie evidence of a violation of
this Section.
(C) Loud Speakers, Amplifiers, For Advertising. The using, operating or permitting to be played,
used or operated of any radio receiving set, instrument, phonograph, loudspeaker, sound
amplifiers, or other machine or device for the producing or reproducing of sound which is cast
upon the public streets for the purpose of commercial advertising or attracting the attention of the
public to any building or structure, except as otherwise provided in Section 3-2 of this Code.
(D) Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal
combustion engine, motor boat, or motor vehicle except through a muffler or other device which
will effectively prevent loud or explosive noises therefrom. (MC-94-621)
(E) Defect In Vehicle Or Load. The use of any automobile, motorcycle, or vehicle so out of repair,
so loaded or in such a manner as to create loud and unnecessary grating, grinding, rattling or
other noise.
(F) Construction, Alteration or Repair. No activities in connection with construction, alteration,
repair or demolition, shall be carried on other than during the following hours:
Hours of Construction:
Weekdays Saturdays Sundays and Legal Holidays
lam-8pin 8am-8pm 8am-6pm
Exceptions:
(1) These activities may be conducted outside the specified times in the event of emergencies in
order to protect the health, safety, or welfare of the public.
(2) The hours may be extended when involving City projects when it serves the best interest of
the public good provided the affect on the public health, comfort, convenience, peace, safety,
and welfare are minimized.(MC-97-681)
(G) Schools, courts, churches, hospitals. The creation of any excessive noise on any street adjacent
to any school, institution of learning, church or court while the same are in use, or adjacent to
any hospital, which unreasonably interferes with the workings of such institution, or which
disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed in
such streets indicating that the same is a school, hospital or court street.
(H) Drums. The use of any drum or other instrument or device for the purpose of attracting attention
by creation of noise to any performance, show or sale.
(I) Pile Drivers, Hammers, Etc. The operation between the hours of 10:00 p.m. and 7:00 a.m. of any
pile driver, steam shovel, pneumatic hammer, derrick, steam or electrical hoist or other
appliance, the use of which is attended by loud or unusual noise.
(J) Blowers. The operation of any noise -creating blower or power fan or any internal combustion
engine, the operation of which causes noise due to the explosion of operating gases or fluids,
unless the noise from such blower or fan is muffled and such engine is equipped with a muffler
device sufficient to deaden such noise.
(K) Internal Combustion Engines. Without the prior written permit of the Director of Community
Development, the operation of or the permitting of the operation of internal combustion engines
between the hours of 6 p.m. and 7 a.m., in subdivisions under construction, is prohibited. Any
person, firm or corporation violating this subsection 14-8 (k) shall be fined not less than $750 for
each offense and be responsible for the City's cost of prosecution including attorney's fees
incurred. Each day that a violation continues shall be considered a separate offense (MC97-669).
(L) Machinery. For the purposes of this Section, machinery shall be defined as any equipment that is
used for the purpose of excavating, scraping, moving, filling or leveling of earth in connection
with construction or land development.
Hours of Operation:
Weekdays Saturdays Sundays and Legal Holidays
7 am - 8 pm 8 am - 4 pm Prohibited
Exceptions:
(1) The operation of machinery may be conducted outside the specified times in the event of
emergencies in order to protect the health, safety, or welfare of the public.
(2) The hours may be extended when involving City projects when it serves the best interest of
the public good provided the affect on the public health, comfort, convenience, peace, safety,
and welfare are minimized.
(3) The operation of motorized garden equipment for the purpose of preparing the soil for
planting. (MC-97-681)
Sec.14-9. Vagrancy.
No person in the City shall have the status or condition of a "vagrant." The following persons shall be
deemed vagrants:
(A) No Lawful Means of Support. Any person having no lawful means of employment and having
no lawful means of support realized solely from lawful occupations or sources; or any person
who lives idly and without visible means of support.
(B) Unlawful Occupancy. Any person wandering abroad and occupying, lodging, or sleeping in any
vacant or unoccupied barn, garage, shed, shop, or other building or structure or in any
automobile, truck, railroad car, or other vehicle, without owning the same or without permission
of the owner or person entitled to the possession of the same, or sleeping in any vacant lot during
the hours of darkness and not giving a satisfactory account of himself.
(C) Begging. Any person wandering abroad and begging; or any person who goes about from door
to door of private homes or commercial and business establishments, or places himself in or
upon any public way or public place to beg or receive alms for himself.
(D) Fraudulent Schemes. Any person who shall engage in any fraudulent scheme, device, or trick to
obtain money or other valuable thing from others; or any person who aids or assists such trick,
device or scheme.
(E) Common Law Vagrants. All persons who by the common law are vagrants, whether embraced
in any of the foregoing classifications or not.
Sec. 14-10. Loitering.* (MC-94-621)
(A) Loitering Prohibited. It shall be unlawful for any person to loiter in or near any thoroughfare,
place open to the public or near any public or private place in a manner under circumstances
manifesting the purpose to engage in drug related activity contrary to any of the provisions of
this Code or the State of Illinois Criminal Code of 1961, as amended.
(13) Among the circumstances which may be considered in determining whether such purpose is
"manifested" shall include but not be limited to:
(1) Such person is a known unlawful drug user, possessor or seller. For purposes of this
provision, a "known unlawful drug user, possessor or seller" is a person who has, within the
knowledge of the arresting officer, been convicted in any court within this state of any
violation involving the use, possession or sale of any of the controlled substances referred to
in the Illinois Criminal Code of 1961, as amended, or such person who has been convicted of
any violation of the provisions of said Illinois Criminal Code of 1961, as amended, or
substantially similar laws of any political subdivision of this State or of any other State; or a
person who displays the physical characteristics of drug intoxication or usage, such as
"needle tracks" or a person who possesses drug paraphernalia as defined in the Illinois
Municipal Code of 1961, as amended; or
(2) Such person is currently subject to an order prohibiting his presence in a high drug activity
geographic area; or
(3) Such person behaves in a manner as to raise reasonable suspicion that he is about to engage in
or is then engaged in an unlawful drug related activity including, by way of example only,
such person acting as a "lookout"; or
(4) Such person is physically identified by the officer as a member of a "gang" or association
which has, as one of its purposes, illegal drug activity; or
(5) Such person transfers small objects or packages for currency in a secret manner; or
(6) Such person takes flight upon the appearance of a police officer; or
(7) Such person manifestly endeavors to conceal upon himself or herself any object which
reasonably could be involved in an unlawful drug related activity; or
(8) The area involved is by public repute known to be an area of unlawful drug use and
trafficking; or
(9) The premises involved have been reported to law enforcement as a place of suspected gang
activity.
(10) Such person possesses any instrument, article or thing whose customary or primary
purpose is for the sale, administration or use of controlled substances such as, but not limited
to, crack pipes, hand scales, hypodermic needles, razor blades or other cutting tools.
(11) Any vehicle involved is registered to a known unlawful drug user, possessor or seller, or
a person for whom there is an outstanding warrant for a crime involving drug -related activity.
(C) Penalty. Any person violating this Section 14-10 shall be fined not less than $400 for each
offense and be responsible for the City's cost of prosecution including attorneys fees incurred by
the City. Each day that a violation continues shall be considered a separate offense. Restitution
by the violator shall also be made to any property damaged or destroyed or person injured.
Sec. 14-11. Curfew. (MC-94-621; MC-04-853)
(A) Definitions: The following definitions are applicable to this Section 14-11:
Emergency: An unforeseen combination of circumstances for the resulting state that calls for
immediate action. The term includes, but is not limited to, a fire, a natural disaster, an
automobile accident or any situation requiring immediate action to prevent serious bodily injury
or loss of life.
Establishment: Any privately -owned place of business operated for a profit to which the public
is invited, including but not limited to any place of amusement or entertainment.
Guardian: A person who, under court order, is the guardian of the person of a minor, or a public
or private agency with whom a minor has been placed by a court.
Minor: A person less than 17 years of age.
Operator: Any individual, firm, association, partnership or corporation operating, managing or
conducting any establishment. The term includes the members or partners of an association or
partnership and the officers of a corporation.
Parent: A person who is
(1) a natural parent, adoptive parent or step-parent of another person; or
(2) at least 18 years of age and authorized by a parent or guardian to have the care and custody
of a minor.
Public Place: Any place to which the public or a substantial group of the public has access and
includes, but is not limited to, streets, highways and the common areas of schools, hospitals,
apartment houses, office buildings, transport facilities and shops.
Remain: To linger or stay, or fail to leave premises when requested to do so by a police officer
or the owner, operator, or other person in control of the premises.
Serious Bodily Injury: Bodily injury that creates a substantial risk of death or that causes death,
serious permanent disfigurement, or protracted loss or impairment of the function of any bodily
member or organ.
(B) Curfew: Except as provided in this section, it is unlawful for any person less than 17 years of age
to be present or upon any public road, street, alley or park, or other land used for public
purposes, or in any public place of business or amusement in the city, at the following times:
(1) Between 12:01 a.m. and 6:00 a.m. on Saturday
(2) Between 12:01 a.m. and 6:00 a.m. on Sunday; and
(3) Between 11:00 p.m. on Sunday to Thursday, inclusive, and 6:00 a.m. on the following day.
(C) Exceptions: The following shall constitute valid exceptions to the operation of the curfew:
(1) At any time when accompanied by his or her parent, guardian or other adult person
responsible for or having the legal care, custody and control of the individual, or an
authorized adult.
(2) If participating in, going to, or returning from, without any detour or stop:
(a) an emergency as defined herein
(b) lawful employment
(c) attending an official school, religious or other social or recreational activity supervised by
adults and sponsored by a unit of government, civic organization, or other similar entity
that takes responsibility for the attendees
(d) an errand at the direction of a parent or guardian
(e) an activity involving the exercise of First Amendment Rights protected by the United
States Constitution (or those similar rights protected by the State of Illinois Constitution),
such as free exercise of religion, freedom of speech, and the right of assembly.
(3) Is married or had been married or is an emancipated minor under the Emancipation of
Mature Minors Act, as amended (750 ILCS30/1 et seq).
(4) If in a motor vehicle when the travel begins and ends outside the corporate limits of the City.
(D) Establishments: The owner, operator, or any employee of an establishment commits an offense if
he or she knowingly allows a minor to remain upon the premises of the establishment during
curfew hours or fails to promptly notify the Police Department that a minor is present on the
premises of the establishment during curfew hours and refuses to leave.
(E) Enforcement: Before taking any enforcement action under this section, a police officer shall ask
the suspected offender's age and reason for being in the public place or on the premises. The
police officer shall not issue a citation or make an arrest under this section unless the police
officer reasonably believes that an offense has occurred and that, based on any response and
other circumstances, no exception in this section applies.
(F) Penalty: Any person violating this section shall be fined not more than $500 for each offense and
be responsible for the city's cost of prosecution, including attorney fees incurred by the city.
Each day that a violation continues shall be considered a separate offense. Restitution by the
violator shall also be made for any property damaged or destroyed or person injured.
Sec.14-12. Assault.
A person commits an assault which is a misdemeanor, when, without lawful authority, he engages in
conduct which places another in reasonable apprehension of receiving a battery.
Sec.14-13. Battery.
A. person commits battery if he intentionally or knowingly without legal justification and by any means:
(A) Causes bodily harm to an individual; or
(13) Makes physical contact of an insulting or provoking nature with an individual.
Sec. 14-14. Reckless conduct.
A person who causes bodily harm to or endangers the bodily safety of any individual by any means,
commits reckless conduct, if he performs, recklessly the acts which cause the harm or endangers safety,
whether they otherwise are lawful or unlawful.
Sec. 14-15. Resisting or obstructing a peace officer.
A person who knowingly resists or obstructs the performance by one known to the person to be a peace
officer of any authorized act within his official capacity shall be guilty of the offense of resisting or
obstructing a peace officer.
Sec. 14-16. Refusing to aid an officer.
IVhoever upon command refuses or knowingly fails reasonably to aid a person known by him to be a
peace officer in:
(A) Apprehending a person whom the officer is authorized to apprehend; or
(B) Preventing the commission by another of any offense, shall be guilty of the offense of refusing to
aid an officer.
Sec.14-17. Employee and Subcontractor Work Crews. (MC-99-726)
1 A) Every employee and subcontractor work crew of any public utility or cable television franchise
or their agents, providing service to any customer or working on any utility or main trunk lines in
the City, shall have not less than one English-speaking person.
() Any person, firm or corporation violating this subsection shall upon conviction be subject to a
fine of not less than $250 nor more than $1,000 for each day that the violation exists, plus the
costs of prosecution, including attorney fees incurred by the City.
Sec. 14-18. Criminal trespass to vehicles.
Whoever knowingly and without authority enters any vehicle, aircraft, watercraft, or any part thereof of
another without his consent shall be guilty of criminal trespass to vehicles.
Sec. 14-19. Criminal trespass to land.
Whoever enters upon the land or any part thereof of another, after receiving, immediately prior to such
entry, notice from the owner or occupant that such entry is forbidden, or remains upon the land of
another after receiving notice from the owner or occupant to depart, commits the offense of criminal
trespass to land.
Sec. 14-20. Taking materials from public property.
No person shall move, disturb, or take any earth, stone or other material from any public street, alley,
park or other public ground, except as is otherwise provided in this Code.
Sec. 14-21. Maintenance of streets during construction (MC97-671) *.
The owner, developer and general contractor ("Responsible Parties") of each subdivision under
construction shall have the following duties, the violation of which they shall be jointly and severally
li able:
(A) The Responsible Parties shall keep and maintain the streets and ways in and around the
subdivision clean and free from all dirt, mud, construction material and other debris during the
period of construction;
(B) The Responsible Parties shall scrape each street every day during the period of construction, and
shall sweep or cause the streets to be swept once every week. In addition to the foregoing, the
Responsible Parties shall be required to scrape, sweep, or remove debris from the streets as from
time to time directed by the Department of Public Works, the Mayor or the City Engineer.
(C) The duties imposed by this Section 14-21 shall apply to all streets within the subdivision, all
streets designated as construction traffic routes and all perimeter streets or streets adjacent to the
subdivision.
(D) The Responsible Parties violating any provision of this Section 14-21 shall be subject to one or
more of the following penalties, said penalties being cumulative and in addition to any other
penalties that may be imposed:
(1) A fine of not less that $750 for each offense plus the City's cost of prosecution, including
attorneys' fees, incurred by the City. Each day that a violation continues shall be considered
a separate offense.
(2) The City may undertake the necessary cleaning as required herein and then assess the costs
and expenses for such cleaning, including reasonable attorneys' fees incurred by the City,
against the Responsible Parties for violating this Section 14-21 and may take action against
the performance or construction bond or letter of credit for payment thereof.
(3) "Stop Work Orders" for the subdivision may be issued by the City until the Responsible
Parties comply with the requirements of the ordinance. No work shall be done in the
subdivision while the stop work order is in effect.
(4) The City may withhold the issuance of Certificate of Occupancy for all residences within the
subdivision until the Responsible Parties comply with the requirements of this Section 14-21.
Sec. 14-22. Abandoned refrigerators, air -tight containers.
It shall be unlawful for any person to leave or permit to remain outside of any dwelling, building or
other structure, or within any unoccupied or abandoned building, dwelling or other structure under his
control, in a place accessible to children, any abandoned, unattended or discarded refrigerator or other
container which has an air -tight door or lid, snaplock or other locking device which may not be released
from the inside, without first removing said door or lid, snaplock or other locking device from said iee
boy�; refrigerator or container.
Sec. 14-23. Obstructing passageways.
No person shall place or erect upon public way or passageway to any building an obstruction of any
type, provided that this Section shall not prevent the duly authorized or required placing of temporary
barriers or warning signs for the purpose of safeguarding the public.
Sec. 14-24. Littering.*
* Cross Reference - Littering by snowmobile operators or riders, Sec. 13-21.
No person in the City shall throw or permit to be deposited or scattered upon any sidewalk, alley, street,
bridge or public passageway, or upon any private property, any waste or other material of any kind.
See.14-25. Shoplifting.
A person commits the offense of shoplifting when he knowingly obtains or exerts unauthorized control
over merchandise from a mercantile establishment intending to deprive the mercantile establishment of
the property without paying for it.
Sec. 14-26. Deceptive practices.
A person commits a deceptive practice when with intent to obtain control over property or to pay for
property, labor or services of another, he issues or delivers a check or other order upon a real or
fictitious depository for the payment of money, knowing that it will not be paid by the depository.
Failure to have sufficient funds or credit with the depository when the check or other order is issued or
delivered is prima facie evidence that the offender knows that it will not be paid by the depository.
Sec. 14-27. Theft.
A person commits theft, which is a misdemeanor, when he knowingly:
(A) Obtains or exerts unauthorized control over property of the owner; or
(B) Obtains by deception control over property of the owner; or
(C) Obtains by threat control over property of the owner; or
(D) Obtains control over stolen property knowing the property to have been stolen by another or
under such circumstances as would reasonably induce him to believe that the property was
stolen, and
(1) Intends to deprive the owner of the use or benefit of the property; or
(2) Knowingly uses, conceals or abandons the property in such manner as to deprive the owner
permanently of such use or benefit; or
(3) Uses, conceals, or abandons the property knowing such use, concealment or abandonment
probably will deprive the owner permanently of such use or benefit.
Sec. 14-28. Unlawful restraint.
A person commits the offense of unlawful restraint when he knowingly without legal authority detains
another.
Sec. 14-29. Gambling - Engaging in.*
* Cross Reference - Coin -operated gambling devices, Sec. 9-7; gambling in parks, Sec. 16-35.
No person in the City shall engage in a game of chance prohibited by the statutes of the State or
ordinances of this City.
Sec. 14-30. Gambling - Possession of materials.
No person in the City shall have in his possession any evidence of illegal gambling in the nature of
policy or pool tickets, slips or checks or memoranda of any combination or bet, or any policy wheel,
diice implement, apparatus or material of any form of illegal gambling or lottery.
Sec. 14-31. Gambling - Permitting use of premises.
No person being the owner or person in control of premises shall knowingly permit the use or
occupancy thereof for gambling.
Sec. 14-32. Damaging property.* (MC-94-621)
* Cross Reference - Damaging park property, Sec. 16-5; damaging plants in parks, Sec. 16-9.
(A) No person shall damage, befoul, disturb, destroy or deface any City property or any public or
private property without permission of the owner.
(B) Prohibited. It shall be unlawful, and is hereby declared a nuisance to place graffiti, or permit
graffiti to remain upon any public or private curb stone, flagstone, brick, sidewalk or any portion
of any part of any sidewalk or street, or upon any tree, lamp post, telephone pole, utility box,
utility pole, stanchion, postal mail receptacle, sign, hydrant, fence, door, wall, window, garage or
enclosure, vehicle, bridge, pier or upon any other public or private structure or building.
(C) Graffiti Defined. Graffiti is any permanent display of any name, identification, letter, numeral,
figure, emblem, insignia, picture, outline, character, spectacle, delineation, illustration, symbol or
any combination thereof, which without authorization is marked, written, drawn, painted,
scratched, inscribed or affixed, and which is a different color from the color of the exterior of
those objects or structures described above and to which is affixed. -
(D) Penalty. Whoever violates any provision of Section 14-21 shall be fined not less than $400 for
each offense and be responsible for the City's cost of prosecution including attorney fees
incurred by the City. Each day that a violation continues shall be considered a separate offense.
Restitution by the violator shall also be made to the owner of any property damaged or
destroyed. Nothing herein shall preclude such additional civil remedies available to the person
whose property has been damaged or destroyed. Each day any violation or any provision of this
Section shall continue shall constitute a separate violation.
Sec. 14-33. Theft, defacement, destruction, alteration or removal of government signs.
(A) It shall be unlawful for any person to steal or to intentionally deface, destroy, alter or remove any
street name sign, traffic or parking sign, legal notice, warning of hazards or other informational
signs or displays maintained by the City or any other governmental body.
(B) Any person violating this Section 14-33 shall be punished by a fine of not less than $100 nor
more than $500 and, in addition thereto, shall be required to make restitution for the total
material and labor costs of replacing such sign or signs. (MC-89-512)
Sec. 14-34. Parental responsibility. (MC-94-621)
(A) It shall be unlawful for a parent or legal guardian of an unemancipated minor residing with such
parent or legal guardian to knowingly allow or permit said minor to commit any violation of a
City ordinance or State Statute concerning vandalism, battery, fireworks, obscene conduct,
trespass, possession of weapons or alcoholic liquor, curfew, disorderly street gang conduct,
suspicious activity, or any other offense or willful or malicious acts to persons or property.
(B) The parent or guardian responsible for the willful or malicious acts of the minor child pursuant to
this Section 14-34, shall make full restitution to the injured or damaged party or parties within 10
days after notification of liability. Parents and guardians shall be responsible individually and
jointly.
(C) Penalty. Whoever violates any provision of Section 14-34 shall be fined not less than $400 for
each offense and be responsible for the City's cost of prosecution including attorney fees
incurred by the City. Each day that a violation continues shall be considered a separate offense.
Restitution by the violator shall also be made to the owner of any property damaged or
destroyed. Nothing herein shall preclude such additional civil remedies available to the person
whose property has been damaged or destroyed. Each day any violation or any provision of this
section shall continue shall constitute a separate violation.
Sec. 14-35. Street gang activity. (MC-94-621)
(A) City Council findings.
(1) The City Council hereby finds and declares that it is the right of every person, regardless of
race, color, creed, religious, national origin, sex, age or disability to be secure and protected
from fear, intimidation and physical harm caused by the activities of violent groups and
individuals. It is not the intent of this ordinance to interfere with the exercise of the
constitutionally protected rights of freedom of expression and association. The City Council
hereby recognizes the constitutional right of every citizen to harbor and express beliefs on
any lawful subject whatsoever, to lawfully associate with others who shall similar beliefs, to
petition lawfully constituted authority for a redress of perceived grievances, and to
participate in the electoral process.
(2) The City Council finds, however, that urban, suburban and rural communities,
neighborhoods and schools throughout the State are being terrorized and plundered by street
gangs. The City Council finds that there are now several hundred street gangs operating in
Illinois, and that while their terrorism is most widespread in urban areas, street gangs are
spreading into suburban and rural areas of Illinois, including McHenry County.
(3) The City Council further finds that street gangs are often controlled by criminally
sophisticated adults who take advantage of our youth by intimidating and coercing them into
membership by employing them as drug couriers and runners, and by using them to commit
brutal crimes against persons and property to further the financial benefit to and dominance
of the street gang.
(4) Street gang activity presents a clear and present danger to public order and safety and is not
constitutionally protected. No society is or should be required to endure such activities
without redress. Accordingly, it is the intent of the City Council, by enacting this ordinance,
to prohibit street gang related activity.
(B) For the purpose of this Section 14-35, "street gang" or "gang" is defined as any ongoing
organization, association in fact or group of three or more persons, whether formally or
informally organized, or any sub -group or affiliated group thereof, having as one of its activities
the commission of criminal or illegal acts, including by way of example only and not in anyway
limiting or specifying, illegal drug distribution, and whose members individually or collectively
engage in or have engaged in a pattern of criminal or illegal acts, and which group frequently,
though not necessarily, claim one or more particular geographic territory or "turf' exclusively as
its realm of influence and operations.
(C) It shall be unlawful for any person within the City to knowingly use, display or wear colors,
emblems or insignia on or about their person in public for the purpose of promoting any street
gang activity.
(D) It shall be unlawful for any person within the City to knowingly do or make any act, utterance,
gesture or display for the purpose of communicating membership of, affiliation with, association
with, support of, identification with, sympathy toward or affront or insult toward any street gang,
or with actual knowledge that the subject act, utterance, gesture or display is used and recognized
as communicative of street gang membership, affiliation, association, support, identification,
sympathy or affront.
(E) Penalty. Any person violating this Section 14-35 shall be fined not less than $400 for each
offense and be responsible for the City's cost of prosecution including attorney fees incurred by
the City. Each day that a violation continues shall be considered a separate offense.
Sec. 14-36. Alcoholic beverages. (MC-94-621)
(A) Intoxicating liquors. Any officer having personal knowledge or reasonable information that
intoxicating liquors are being kept in violation of law in any place, shall search such suspected
place, and if such officer or person finds upon the premises intoxicating liquors he shall seize the
same, together with the vessels in which they are contained, and all implements and furniture
used in connection with such liquors in the illegal keeping, bargaining, selling, exchanging,
giving away or carrying the same, and any wagon, automobile, vehicle, contrivance, thing or
device used in conveying said liquors or kept for the purpose of violating this ordinance, and
shall arrest any person or persons in charge of such place, or aiding in any manner in carrying on
the business conducted in such place.
(13) Public property. Except as provided in Section 16-28 of this Code, consumption or possession of
any alcoholic liquors, including beer and wine, at anytime in any public park, street, alley or
public place owned, controlled or operated by the City is prohibited. (MC-94-629)
(C) Penalty. Any person violating this section shall be fined not less than $400 for each offense and
be responsible for the City's costs of prosecution including attorney fees incurred by the City.
Each day that a violation continues shall be considered a separate offense.
Sec. 14-37 - 14-44. Tobacco Regulations (MC-98-705).
(A) For the purposes of this Section 14-37, "tobacco products" shall mean any substance containing
tobacco leaf, including, but not limited to, cigarettes, cigarette tobacco, snuff, chewing tobacco,
or dipping tobacco.
(B) Tobacco Use and Possession by Persons under 18 years.
(1) No person under the age of 18 years shall purchase, accept, possess, or consume tobacco
products.
(2) No person shall buy for, distribute samples of, or furnish tobacco products to any person
under the age of 18 years.
(3).Nothing herein shall prohibit the possession or use of tobacco products by a minor in his
home, under the direct supervision of his or her parent or guardian.
(C) Sales and Distribution of Tobacco Products
(1) Furnishing Tobacco: No person, firm, or corporation shall sell or offer for sale at retail,
distribute samples of, or furnish tobacco products to any person under the age of 18, or to
engage, employ or permit any person under 18 years of age to sell tobacco products.
(2) Annual License Required: It shall be unlawful to sell or offer for sale at retail, to give away,
deliver, or keep with the intention of selling at retail, giving away or delivering tobacco
products within the city without having first obtained a tobacco dealer's license. Such
license shall be in addition to any other license required by the Municipal Code of the City of
McHenry.
Applications for licenses shall be made in writing to the City of McHenry. Such application
shall contain the name of the applicant, the address at which such sales are to be made, and in
the case of cigarette vending machines, the number of machines for which licenses are to be
issued and are located within the building or structure.
Any person, firm, or corporation seeking a tobacco dealer's license shall attend a Vendor
Education Program administered by the City. The purpose of the Vendor Education Program
shall be to inform tobacco vendors or their authorized representatives of all federal, state and
local regulations governing the sale of tobacco and, to review fines and penalties associated
with violating the provisions of this Section.
(3) License Fee: The annual fee for a license as herein required shall be fixed at $25 annually.
The license fee shall be payable to the City of McHenry on or before May 1 each year.
(4) Personal Nature of Licenses; Expiration: A license shall be a purely personal privilege, good
for the license period which shall expire on April 30 next following the date of issuance,
unless revoked. No such license shall be transferable. Any licensee may renew his license at
the expiration thereof.
(5) Responsibility for Agents and Employees. Any act or omission constituting a violation of
any provision of this Section by any officer, director, manager, or other agent or employee of
any licensee shall be deemed and held to be the act of such licensee; and such licensee shall
be punishable in the same manner as if such act or omission has been done or omitted by the
licensee personally.
(6) Availability: No person, firm, or corporation shall sell or distribute individual cigarettes, or
samples of cigarettes, except in its original packaging, and no package shall contain less than
20 cigarettes. Except as specified below for vending machines, tobacco products shall be
sold only in a direct, face-to-face exchange. Self-service displays shall not be permitted
except in areas where access by persons under the age of 18 is prohibited.
(7) Vending Machines — Locking Devices: It shall be unlawful for any licensee to sell or offer
for sale, give away, deliver or to keep with the intention of selling, giving away or delivering
tobacco products by use of vending machine, unless such vending machine is equipped with
a manual, electric or electronic locking device controlled by the licensee so as to prevent its
operation by persons under the age of 18 years.
(8). Signs: Signs informing the public of the age restrictions provided for herein shall be posted
by every licensee at or near every display of tobacco products and on or upon every vending
machine which offers tobacco products for sale. Each such sign shall be plainly visible and
shall state:
"THE SALE OF TOBACCO PRODUCTS TO PERSONS
UNDER 18 YEARS OF AGE IS PROHIBITED BY LAW."
Such notice shall be displayed in red letters at least one inch in height on a white background.
(D) Enforcement by School District Personnel. The following appointed officials of any public
school shall have the authority to sign all complaints and charge all violators of this Section that
take place on school property: Principal, Assistant Principal, and Dean of Students.
(E)
Penalties; Fines; Settlement of Offenses.
(1) Any person violating any provision of Section 14-37(B) shall be fined not less than $25, nor
more than $750, except as otherwise provided herein.
Any violation of Section 14-37(B) may be settled and compromised by a first or second time
offender within seven days after a notice of violation therefor is delivered to the offender, by
payment to the City of McHenry, Illinois the sum of $50.
(2) Any person, firm, or corporation violating any provision of Section 14-37(C) shall be fined
and penalized as specified herein:
First Offense: $100.00
Second Offense: $200.00
Third Offense: $300.00 plus suspension of Tobacco Dealers' license for thirty
days.
Fourth and All Six month suspension
Subsequent Offenses: of Tobacco Dealers' license.
and shall be responsible for the City's cost of prosecution including attorney fees incurred by
the City.
(3) The City of McHenry shall report any person, firm, or corporation violating any provision of
Section 14-37(C) to the State of Illinois Department of Public Health.
ARTICLE II. IMMORALITY
Sec. 14-45. Public indecency.
No person shall commit an act of public indecency in a public place. Public indecency shall consist of
any of the following acts:
(A) An act of sexual penetration or sexual conduct as defined in the Criminal Code.
(B) An exposure of the body done with intent to arouse or to satisfy the sexual desire of the person.
Secs. 14-46-14-53. Reserved. (MC-01-767)
Sec. 14-54. Obscene literature, pictures, performances, etc.
(A) It shall be unlawful for any person to sell, deliver, offer for sale, distribute, publish, print exhibit
or possess with intent to distribute, with knowledge of the nature or content thereof, or recklessly
failing to exercise reasonable inspection which would have disclosed the nature or content
thereof, any obscene writing, picture, moving picture, record or other representation or
embodiment of the obscene, or to present or to direct an obscene play or other performance or to
perform an obscene act or otherwise present an obscene exhibition or to advertise or otherwise
promote obscene material.
(B) For the purpose of this Section, a thing shall be deemed to be obscene if the average person,
applying contemporary community standards, would find that the work taken as a whole appeals
to a prurient interest, and the work depicts or describes patently offensive representations or
descriptions of nude persons, ultimate sexual acts, normal or perverted sexual conduct, whether
actual or simulated, or patently offensive representations or descriptions of masturbation,
excretory functions, and lewd exhibition of the human genitals. The work, taken as a whole,
must lack serious literary, artistic, political or scientific value.
(C) It shall be an affirmative defense to a charge of disseminating material in violation of this
Section that the dissemination:
(1) Was in the privacy of the home, not for gain, and was made to personal associates other than
children under 18 years of age;
(2) Was to institutions or individuals having scientific or other special justification for
possession of such material;
(3) Was made by a parent to the parent's child or children.
Secs. 14-55-14-63. Reserved.
ARTICLE III. WEAPONS*
* Cross Reference - Firearms and weapons in parks, Sec. 16-23; carrying of
firearms or bows by operators or riders of snowmobiles, Sec. 13-20.
See.14-64. Weapons. (MC-94-621)
(A) Weapons. Unless authorized by law, no person shall wear under his clothing, or conceal about
his person, or display in a threatening like manner, any dangerous or deadly weapon including,
but not limited to any pistol, revolver, sling shot, knuckles, any bowie or similar knife, or any
knife with a switch -blade or device whereby the blade or blades can be opened by a button,
pressure on the handle or other mechanical contrivance.
(B) Discharge of Firearms. No person shall discharge any firearms in the City except sworn police
officers acting in the line of duty or during training authorized by the Chief of Police. In addition
to those firearms defined by the Illinois Compiled Statutes, for purposes of the section, firearms
shall include pump air rifles, potato guns, CO2 pellet guns, paint ball guns, and any other device
capable of discharging a projectile if used with intent to inflict harm to person or property or
when used in a reckless manner. (MC-01-778)
(C) Display and Sale of Specified Weapons. No pawnbroker, second-hand dealer or other person
engaged in business in the City shall display or place on exhibition in any show window or other
window facing upon any street, any pistol, revolver or other firearm, with a barrel less than 12
inches in length, or any brass or metal knuckles, or any club loaded with lead or other weight, or
any blackjack or billy club. Weapons displayed for sale shall be incapable of firing. In
non -business hours said weapons shall be stored in a secured and locked vault, safe or security
box.
(D) Penalty. Any person violating this section shall be fined not less than $400 for each offense and
be responsible for the City's cost of prosecution including attorney fees incurred by the City.
Each day that a violation continues shall be considered a separate offense. Restitution by the
violator shall also be made for any property damaged or destroyed or to any person injured.
Secs.14-65 -14-74 Reserved. (MC-94-621)
ARTICLE IV. DRUG PARAPHERNALIA
See. 14-75. Definitions. (MC-94-621)
(A) Definition. The term "drug paraphernalia" means all equipment, products and materials of any
kind which are used, intended for use or designed for use in planting, propagating, cultivating,
growing, harvesting, manufacturing, compounding, converting, producing, processing,
preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting,
ingesting, inhaling or otherwise introducing into the human body a controlled substance as
defined in 720 ILCS 550/3 et seq. and 720 ILCS 570/202 through 212, as amended. It includes,
but is not limited to:
(1) Kits used, intended for use or designed for use in planting, propagating, cultivating, growing
or harvesting of any species of plant which is a controlled substance or cannabis or from
which a controlled substance or cannabis can be derived;
(2) Kits used, intended for use or designed for use in manufacturing, compounding, converting,
producing, processing or preparing a controlled substance or cannabis;
(3) Isomerization devices used, intended for use or designed for use in increasing the potency of
any species of plant which is a controlled substance or cannabis;
(4) Testing equipment used, intended for use or designed for use in identifying, or in analyzing
the strength, effectiveness or purity of a controlled substance or cannabis;
(5) Scales and balances used, intended for use or designed for use in weighing or measuring a
controlled substance or cannabis;
(6) Diluents and adulterants, such as quinine, hydrochloride, mannitol, mannite, dextrose and
lactose, used, intended for use or designed for use in cutting a controlled substance or
cannabis;
(7) Separation gins and sifters used, intended for use or designed for use in removing twigs and
seeds from, or in otherwise cleaning or refining marijuana;
(8) Blenders, bowls, containers, spoons, and mixing devices used, intended for use or designed
for use in compounding a controlled substances or cannabis;
(9) Capsules, balloons, envelopes and other containers used, intended for use or designed for use
in packaging small quantities of a controlled substance or cannabis;
(10) Containers and other objects used, intended for use or designed for use in storing or
concealing a controlled substance or cannabis;
(11) Objects used, intended for use or designed for use in ingesting, inhaling or otherwise
introducing marijuana, cocaine, hashish oil into the human body, such as:
a) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens,
permanent screens, hashish heads or punctured metal bowls;
b) Water pipes;
c) Carburization tubes and devices;
d) Smoking and carburization masks;
e) Roach clips, meaning objects used to hold burning material, such as a marijuana
cigarette, that has become too small or too short to be held in the hand;
f) Chamber pipes;
g) Carburetor pipes;
h) Electric pipes;
i) Air -driven pipes;
j) Chillums;
k) Bongs; and
1) Ice pipes or chillers.
(11) In determining whether an object is drug paraphernalia, a Court or other authority should
consider, in addition to all other logically relevant factors, the following:
(1) Statements by an owner or by anyone in control of the object concerning its use;
(2) Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or
federal law relating to any controlled substance;
(3) The proximity of the object, in time and space, to a direct violation of this Article;
(4) The proximity of the object to a controlled substance;
(5) The existence of residue of any controlled substance on the object;
(6) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the
object, to deliver it to persons whom he knows, or should reasonably know, intend to use the
object to facilitate a violation of this Article; the innocence of an owner, or of anyone in
control of the object, as to a direct violation of this Article, shall not prevent a finding that the
object is intended for use, or designed for use as drug paraphernalia;
(7) Instructions, oral or written, provided with the object concerning its use;
(8) Descriptive materials accompanying the object which explain or depict its use;
(9) National and local advertising concerning its use;
(10)The manner in which the object is displayed for sale;
(11)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;
(12) Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the
business enterprise;
(13)The existence and scope of legitimate uses for the object in the community; and
(14)Expert testimony concerning its "use."
(C) It shall be unlawful for any person to sell, offer for sale, display, furnish, supply or give away
any cocaine spoon, marijuana pipe, hashish pipe or any drug paraphernalia.
(D) The prohibition contained in this Section shall not apply to manufacturers, wholesalers, jobbers,
licensed medical technicians, technologists, nurses, hospitals, research teaching institutions,
clinical laboratories, medical doctors, osteopathic physicians, dentists, chiropractors and
podiatrists, veterinarians, pharmacists or embalmers in the normal lawful course of their
respective businesses or professions, nor to common carriers or warehousers or their employees
engaged in the lawful transportation of such paraphernalia, nor to public officers or employees
while engaged in the performance of their official duties, nor to persons suffering from diabetes,
asthma or any other medical condition requiring self injection.
(E) Penalty. Whoever violates any provision of Section 14-75 shall be fined not less than $400 for
each offense and be responsible for the City's cost of prosecution including attorney fees
incurred by the City. Each day that a violation continues shall be considered a separate offense.
Restitution by the violator shall also be made to the owner of any property damaged or
destroyed. Nothing herein shall preclude such additional civil remedies available to the person
whose property has been damaged or destroyed. Each day any violation or any provision of this
section shall continue shall constitute a separate violation.
Sec.14-76. Reserved. (MC-94-621)
Sec. 14-77. Persons responsible for unlawful activities on their premises. (MC-94-621)
(A) It shall be unlawful for any person or persons who are the owners or occupants of any premises
to allow, initiate or maintain any gathering on that premises in which tenants, invitees, visitors or
trespassers engage in any unlawful activity. Unlawful activity shall include, but not be limited
to, violations of any sections of Chapter 14 of this Code. A person will be deemed to have
permitted the gathering if that person is on the premises while the unlawful activity is occurring
and has not informed the police thereof. For purposes of this section only, a gathering shall
consist of two or more persons who are not occupants or owners of the premises.
(B) Any person violating any section of this section shall be fined not less than $400-for each offense
and be responsible for the City's cost of prosecution including attorney fees incurred by the City.
Each day that a violation continues shall be considered a separate offense. Restitution by the
violator shall also be made to any property damaged or destroyed or person injured.
SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this
Ordinance shall be adjudged by any Court of competent jurisdiction to be invalidate or nullify the
remainder thereof, which remainder shall remain and continue in full force and effect.
SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed to
the extent of such conflict.
SECTION 4: This Ordinance shall be in full force and effect upon its passage, approval and
publication in pamphlet form (which publication is hereby authorized) as provided by law.
Passed and Approved this 17`t' day of September, 2007.
Voting Aye: SANTI, GLAB, SCHAEFER, MURGATROYD, WIMMER, PETERSON, CONDON
Voting Nay: NONE
Not Voting: NONE
Absent: NONE
Abstain: NONE
APPROVED:
(SEAL)
ATTEST: 'Aax,kck-c-- ctie.bJ
Cit Cler