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HomeMy WebLinkAboutOrdinances - MC-72-58 - 07/03/1972 - ch 12 criminal offensesLOOZE & KINNE ATT( _Ys 3431 W. -, STREET McHENRY, ILLINOIS MC-58 AN ORDINANCE DEFINING CRIMINAL OFFENSES AND PROVIDING PENALTIES THERETO BE IT ORDAINED, by the City Council of the City of McHenry, McHenry County;, Illinois, that the Municipal Code of the City of McHenry be and hereby is amended as follows: Chapter 12 - Article XVIII - CRIMINAL OFFENSES: Section 1. DISORDERLY CONDUCT. 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; or (b) With intent to annoy another, makes a telephone call, whether or not conversation thereby ensues; or (c) Transmits in any manner to the fire department of any city, town, village or fire protection district a false alarm of fire, knowing at the time of such trans- mission that there is no reasonable ground for believing that such fire exists; or (d) 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; or (e) 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; or (f) Enters upon the property of another and for a lewd or unlawful purpose deliberately looks into a dwelling on the property through any window or other opening in it. Section 2. ASSAULT. A person commits an assault when, without lawful authority, he engages in conduct which places another in reasonable apprehension of receiving a battery. Section 3. BATTERY. A person commits battery if he intentionally or knowingly without legal justification and by any means: - 1 - CERT. OF PUBLICATION ATTACHED TO ORIGINAL LOOZE & KINNE ATT( EYs 3431 W. .._A STREET MCHENRY, ILLINOIS (a) Causes bodily harm to an individual; or (b) Makes physical contact of an insulting or provoking nature with an individual. Section 4. RECKLESS CONDUCT. A person who causes bodily harm to or endangers the bodily safety of an individual by any means, commits reckless conduct if he performs recklessly the acts which cause the harm or endanger safety, whether they otherwise are lawful or unlawful. Section 5. RESISTING OR OBSTRUCTING A PEACE nFFTC.F.R A person who knowingly resists or obstructs the perform- ance by one known to the person to be a peace officer of any authorized act within his offical capacity shall be guilty of the offense of resisting or obstructing a peace officer. Section 6. REFUSING TO AID AN OFFICER. Whoever upon command refuses or knowingly fails reason- ably 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. Section ;T. CRIMINAL DAMAGE TO PROPERTY. A person commits criminal damage to property when he commits any of the following acts: (a) Knowingly damages any property of another with- out his consent. (b) Recklessly by any means damages property of another. (c) Knowingly injures a domestic animal of another without his consent. Section 8. 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. - 2 - LOOZE & KINNE ATT EYS 3431 W. STREET McHENRY, ILLINOIS Section 9. 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. Section 10. 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. Section 11. 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. Section 12, THEFT. A person commits theft 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 permanently 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 abandon- ment probably will deprive the owner perma- nently of such use or benefit. - 3 - LOOZE & KINNE ATT [EYS 3431 W. A STREET McHENRY, ILLINOIS Section 13. UNLAWFUL RESTRAINT. A person commits the offense of unlawful restraint when he knowingly without legal authority detains another. Section 14. COMPOUNDING A CRIME. A person compounds a crime when he receives or offers to another any consideration for a promise not to prosecute or aid in the prosecution of an offender. Section 15. 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 sub -section (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 facili- tate 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 authorites, or otherwise makes proper effort to prevent the com- mission 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 - 4 - LOOZE & KINNE ATT IEYS i 3431 W, ,A STREET MCHENRY, ILLINOIS that the offense was committed and that he was so account- able, 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. Section 16. PENALTY. A person convicted of a criminal offense shall be fined not to exceed $500. 00. Section 17. CONFLICTING ORDINANCE. All ordinances and parts of ordinances in conflict here- with, to the extent of such conflict, are hereby repealed. Section 18. VALIDITY. If any part or parts of this ordinance shall be held invalid for any reason whatsoever, such decision shall not affect the validity of the remaining part or parts of this ordinance. Section 19. EFFECTIVE. This ordinance shall be in full force and effect from and after its passage, approval, filing and publication, as by law provided. PASSED this day ofi!/, 1972. Ayes. !� Nays: Q Absent: Q APPROVED this day of 1 i , 1972. ' 100 j IN ..� ' 1 Attest. CitY Clerk Published this �day of .�v 1972, in the McHenry Plaindealer. - 5 -