HomeMy WebLinkAboutOrdinances - MC-94-621 - 10/12/1994 - Ch 14 Misc Offenses Disorderly conduct et alDraft October 4, 1994
ORDINANCE NO. MC-94-621
An Ordinance Amending Chapter 14,
Offenses - Miscellaneous,
of the Municipal Code of the City of McHenry
BE IT ORDAINED by the CITY COUNCIL of the CITY OF McHENRY,
McHenry County, Illinois, as follows:
SECTION 1: That Section 14-4, Disorderly conduct, of the
Municipal Code of the City of McHenry, shall be amended to read as
follows:
Sec. 14-4. Disorderly conduct.
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;
(b) 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;
(c) 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.
(d) 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.
(e) 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.
Chapter 14 Amendment, Page 1
(f) With the purpose
alarm, disorder, nuisance, he
ing acts in a public place:
Draft October 4, 1994
of causing public danger,
commits any of the follow-
(1) Commits an act in a violent manner toward
another whereby that other person is
placed in danger of his life or health;
(2) Commits an act in a violent manner toward
another whereby the property of any per-
son is placed in danger of being dest-
royed or damaged;
(3) Causes, provokes or engages in any fight,
brawl or riotous conduct so as to endan-
ger the life, health or property of an-
other;
(4) Interferes with another's pursuit of a
lawful occupation by acts of violence;
(5) 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 authori-
ty;
(6) Incites, attempts to incite or is in-
volved in attempting to incite a riot or
unlawful disturbance;
(7) 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 resent-
ment are not prohibited;
(8) 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
travelling public annoyed;
Chapter 14 Amendment, Page 2
Draft October 4, 1994
(9) 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 threat-
ened;
(10) Uses abusive or obscene language or makes
an obscene gesture in public;
(11) Assembles with three or more persons for
the purpose of using force or violence to
disturb the public peace;
(12) Assemblies of three or more persons for
the purpose of violating any provision of
the Municipal Code of the City of
McHenry; and
(13) Appears in any public place 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 per-
sons in his vicinity.
(g) 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;
(h) Interrupts or disturbs any lawful assembly of
people by making any loud or unusual noise, or by rude or
indecent behavior, or by profane, obscene or improper
discourse or conduct.
(i) Engages in Mob Action. Mob action consists of
any of the following:
(1) The use of force or violence disturbing
the public peace by two or more persons
acting together and without authority of
law;
(2) The assembly of two or more persons to
commit an unlawful act; or
Chapter 14 Amendment, Page 3
Draft October 4, 1994
(3) The assembly of two or more persons,
without authority of law, for the purpose
of doing violence to the person or prop-
erty 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.
(i) 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.
(j) 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.
(k) Uses paint or other medium in any way to
deface, damage or destroy property.
(1) Penalty. Any person violating this Section 14-
4 shall be fined not less than $400.00 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.
SECTION 2: That Section 14-5, Disturbing the peace, of the
Municipal Code of the City of McHenry, shall be repealed and that
section number reserved.
SECTION 3: That Section 14-61 Fighting, of the Municipal Code
of the City of McHenry, shall be repealed and that section number
reserved.
SECTION 4: That Section 14-8-(d), Noise, of the Municipal
Code of the City of McHenry, shall be repealed and the remaining
subsections relettered (d) through (j).
Chapter 14 Amendment, Page 4
Draft October 4, 1994
SECTION 5: That Section 14-10, Loitering, of the Municipal
Code of the City of McHenry, shall be amended to read as follows:
14-10. Loitering.
(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.
(b) 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
user, possessor or
of this provision,
user, possessor ox
who has, within i
arresting officer,
court within this
involving the use,
any of the controll
to in the Illinois
as amended, or suc
convicted of any v:
sions of said Illi
1961. as amended.
known unlawful drug
seller. For purposes
x "known unlawful drug
seller" is a person
he knowledge of the
been convicted in any
tate of any violation
possession or sale of
:d substances referred
;riminal Code of 1961,
i person who has been
olation of the provi-
zois Criminal Code of
,r substantially simi-
lar laws of any political subdivision of
this state or of any other state; or a
person who displays the physical charac-
teristics 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
Chapter 14 Amendment, Page 5
Draft October 4, 1994
an unlawful drug related activity includ-
ing, 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 appear-
ance of a police officer; or
(7) Such person manifestly endeavors to con-
ceal 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 suspect-
ed gang activity.
(10) Such person posses any instrument, arti-
cle or thing whose customary or primary
purpose is for the sale, administration
or use of controlled substances such as,
but not limit 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
shall be fined not less than $400.00 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
Chapter 14 Amendment, Page 6
Draft October 4, 1994
offense. Restitution by the violator shall also be made
to any property damaged or destroyed or person injured.
SECTION 6: That Section 14-11, Curfew, of the Municipal Code
of the City of McHenry, shall be amended to read as follows:
14-11. Curfew.
(a) It shall be unlawful for any person less than
17 years of age to be present or upon any public road,
street, alley or park, or other lands used for public
purposes or in any public place of business or amusement
in the City at t e following times unless such person is
accompanied an supervised by a parent, legal guardian or
other responsi le companion at least 18 years of age
approved by a parent or legal guardian or unless engaged
in a business or occupation which the statutes of the
state authorize a person less than 17 years of age to
perform:
(1) Between 12:01 a.m. and 6 a.m. Saturday;
(2) Between 12:01 a.m. and 6 a.m. Sunday; and
(3) Between 11 p.m. on Sunday to Thursday,
inclusive, and 6 a.m. on the following
day.
(b) It shall be unlawful for a parent, legal
guardian or other person to knowingly allow or permit a
person in his custody or legal control to violate Section
14-11, above.
(c) Penalty. Any person violating this section
shall be fined not more than $100. 00 for each offense and
be responsible for the Cityfs 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 7: That Section 14-32, Vandalism, of the Municipal
Code of the City of McHenry, shall be amended to read as follows:
Chapter 14 Amendment, Page 7
14-32. Damaging Property.
(a) No person shall damage,
destroy or deface any City property
private property without permission of
Draft October 4, 1994
befoul, disturb,
or any public or
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 14.32 shall be fined not less than $400.00 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.
SECTION 8: That the Municipal Code of the City of McHenry
shall be amended to add Section 14-34, Parental Responsibility,
which shall read as follows:
14-34. Parental Responsibility.
(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
Chapter 14 Amendment, Page 8
Draft October 4, 1994
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 $400.00 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.
SECTION 9: That the Municipal Code of the City of McHenry
shall be amended to add Section 14-35, street Gang Activity, which
shall read as follows:
14-35. Street Gang Activity.
(a) City Council Findings.
(1) The City Council hereby finds and decla-
res that it is the right of every person,
regardless of race, color, creed, reli-
gious, national origin, sex, age or dis-
ability 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 be -
Chapter 14 Amendment, Page 9
Draft October 4, 1994
liefs on any lawful subject whatsoever,
to lawfully associate with others who
share similar beliefs, to petition law-
fully constituted authority for a redress
of perceived grievances, and to partici-
pate 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 spread-
ing 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 run-
ners, 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,
Chapter 14 Amendment, Page 10
Draft October 5, 1994
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
shall be fined not less than $400.00 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.
SECTION 10: That the Municipal Code of the City of McHenry
shall be amended to add Section 14-36, Alcoholic Beverages, which
shall read as follows:
14.36. Alcoholic Beverages.
(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 intoxicat-
ing 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.
Chapter 14 Amendment, Page 11
Draft October 4, 1994
(b) Public Property. 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.
(c) Penalty. Any person violating this section
shall be fined not less than $400.00 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.
SECTION 11: That Article III, Weapons, of Chapter 14
(Sections 14-64 through 14-68) of the Municipal Code of the City of
McHenry, shall be amended to read as follows:
14-64. Weapons.
(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. In addition to those
firearms defined by the Illinois Compiled Statutes, for
purposes of this section, firearms shall include pump air
rifles, potato guns, CO2 pellet guns and any other device
capable of discharging a projectile if used with intent
to inflict harm to person or property or to assault or
threaten harm to a person or property or when used in a
reckless manner.
(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 dis-
played for sale shall be incapable of firing. In non -
Chapter 14 Amendment, Page 12
Draft October 4, 1994
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 $400.00 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 12: That Section 14,75, Definitions, of Article IV,
Drug Paraphernalia, of the Municipal Code of the City of McHenry,
shall be amended to read as follows:
14.75. Definitions.
(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, culti-
vating, 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 controlled substance or canna-
bis;
(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;
Chapter 14 Amendment, Page 13
Draft October 4, 1994
(4) Testing equipment used, intended for use
or designed for use in identifying, or in
analyzing the strength effectiveness or
purity of controlled substances or canna-
bis;
(5) Scales and balances used, intended for
use or designed for use in weighing or
measuring controlled substances or canna-
bis;
(6) Diluents and adulterants, such as quinine
hydrochloride, mannitol, mannite, dext-
rose and lactose, used, intended for use
or designed for use in cutting controlled
substances or cannabis;
(7) Separation gins and sifters used, intend-
ed for use or designed for use in remov-
ing 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 con-
trolled substances or cannabis;
(9) Capsules, balloons, envelopes and other
containers used, intended for use or
designed for use in packaging small quan-
tities of controlled substances or canna-
bis;
(10) Containers and other objects used, in-
tended for use or designed for use in
storing or concealing controlled substan-
ces or cannabis;
(11) Objects used, intended for use or desig-
ned 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;
Chapter 14 Amendment, Page 14
Draft October 4, 1994
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.
(b) In determining whether an object is drug parapherna-
lia, 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 con-
trolled substances;
(3) The proximity of the object, in time and
space, to a direct violation of this Article;
(4) The proximity of the object to controlled
substances;
(5) The existence of any residue of controlled
substances on the object;
(6) Direct or circumstantial evidence of the
E intent of an owner, or of anyone in control of
Chapter 14 Amendment, Page 15
Draft October 4, 1994
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 parapher-
nalia;
(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 podia-
trists, veterinarians, pharmacists or embalmers in the normal
lawful course of their respective businesses or professions,
nor to common carriers or warehousers or their employees
Chapter 14 Amendment, Page 16
Draft October 4, 1994
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 $400.00 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.
SECTION 13: That Section 14-76, Sale, etc., of drug parapher-
nalia prohibited; exceptions, of the Municipal Code of the City of
McHenry, shall be repealed and that section number reserved.
SECTION 14: That the Municipal Code of the City of McHenry
shall be amended to add Section 14-77, Persons Responsible for
Unlawful Activities on their Premises, which shall read as follows:
14.77 Persons Responsible for Unlawful Activities on
their Premises.
(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
Ordinance shall be fined not less than $400.00 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
Chapter 14 Amendment, Page 17
Draft October 4, 1994
a separate offense. Restitution by the violator shall
also be made to any property damaged or destroyed or
person injured.
SECTION 15: If any section, paragraph, subdivision, clause,
sentence or provision of this Ordinance shall be adjudged by any
Court of competent jurisdiction to be invalid, such judgment shall
not affect, impair, invalidate or nullify the remainder thereof,
which remainder shall remain and continue in full force and effect.
SECTION 16: All ordinances or parts of ordinances in conflict
herewith are hereby repealed to the extent of such conflict.
SECTION 17: 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.
Voting Aye• Bolger, Locke, Bates, Lawson, Baird
Voting Nay: None
Absent: None
Abstain: None
APPROVED:
r Steven J. Cuda
(SEAL)
ATTEST:
City Clerk Pamlla J. A off
Passed: October 12. 1994
Approved: October 12, 1994
Chapter 14 Amendment, Page 18