§ 94.01 PURPOSE.
This chapter is added to this code for the purpose of regulating uses of real estate in the city business district so as to promote the safety, health and welfare of the residents of the city and so as to provide uniform usage of a business district.
(Ord. 720, passed 8-16-99)
§ 94.10 RESIDENTIAL USAGE UNLAWFUL.
It shall be unlawful for any person to occupy or to allow occupancy for residential usage, the front 50% of the ground floor of any building located on Main Street between Route 54 on the south and Market Street on the north. Any residential usage in the rear 50% of the buildings must be separated from the front 50% with a floor to ceiling barrier wall.
(Ord. 720, passed 8-16-99; Am. Ord. 861, passed 10-5-09)
§ 94.20 PENALTY; VIOLATIONS.
The penalty for violation of this chapter shall be fine only not to exceed $500. Each day of violation shall constitute a separate offense.
(Ord. 702, passed 8-16-99)
§ 94.30 ALL PERSONS OWNING, OCCUPYING OR RENTING.
This chapter shall be binding upon all persons owning, occupying or renting a building or any portion thereof, on Main Street.
(Ord. 720, passed 8-16-99)
§ 130.02 INTENT.
A person intends, or acts intentionally or with intent, to accomplish a result or engage in conduct described by the section defining the offense, when his conscious objective or purpose is to accomplish that result or engage in that conduct.
(ILCS Ch. 720, Act 5, § 4-4)
§ 130.03 KNOWLEDGE.
(A) A person knows, or acts knowingly or with knowledge of:
(1) The nature or attendant circumstances of his or her conduct, described by the section defining the offense, when he or she is consciously aware that his or her conduct is of that nature or that those circumstances exist. Knowledge of a material fact includes awareness of the substantial probability that the fact exists.
(2) The result of his or her conduct, described by the section defining the offense, when he or she is consciously aware that that result is practically certain to be caused by his or her conduct.
(B) Conduct performed knowingly or with knowledge is performed willfully, within the meaning of a statute using the term “willfully”, unless the section clearly requires another meaning.
(C) When the law provides that acting knowingly suffices to establish an element of an offense, that element also is established if a person acts intentionally.
(ILCS Ch. 720, Act 5, § 4-5)
§ 130.04 RECKLESSNESS.
A person is reckless or acts recklessly, when that person consciously disregards a substantial and unjustifiable risk that circumstances exist or that a result will follow, described by the section defining the offense, and that disregard constitutes a gross deviation from the standard of care that a reasonable person would exercise in the situation. An act performed recklessly is performed wantonly, within the meaning of a section using the term wantonly, unless the statute clearly requires another meaning.
(ILCS Ch. 720, Act 5, § 4-6)
§ 130.05 NEGLIGENCE.
A person is negligent, or acts negligently, when that person fails to be aware of a substantial and unjustifiable risk that circumstances exist or a result will follow, described by the statute defining the offense, and that failure constitutes a substantial deviation from the standard of care that a reasonable person would exercise in the situation.
(ILCS Ch. 720, Act 5, § 4-7)
§ 130.06 ATTEMPT.
(A) Elements of the offense. A person commits the offense of attempt when, with intent to commit a specific offense, he or she does any act that constitutes a substantial step toward the commission of that offense.
(B) Impossibility. It is not a defense to a charge of attempt that because of a misapprehension of the circumstances it would have been impossible for the accused to commit the offense attempted.
(C) A person convicted of an attempt may be fined not to exceed the maximum provided for the offense attempted but, except for an attempt to commit the offense defined in ILCS Ch. 720, Act 5, § 33A-2:
(1) The sentence for attempt to commit first degree murder is the sentence for a Class X felony, except that
(a) An attempt to commit first degree murder when at least one of the aggravating factors specified in Section 9-1 ILCS is present is a Class X felony for which the sentence shall be a term of imprisonment of not less than 20 years and not more than 80 years;
(b) An attempt to commit first degree murder while armed with a firearm is a Class X felony for which 15 years shall be added to the term of imprisonment imposed by the court;
(c) An attempt to commit first degree murder during which the person personally discharged a firearm is a Class X felony for which 20 years shall be added to the term of imprisonment imposed by the court;
(d) An attempt to commit first degree murder which the person personally discharged a firearm that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person, is a Class X felony for which 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court; and
(e) If the defendant proves by a preponderance of the evidence at sentencing that, at the time of the attempted murder, he or she was acting under a sudden and intense passion resulting from serious provocation by the individual whom the defendant endeavored to kill, or another, and, had the individual the defendant endeavored to kill died, the defendant would have negligently or accidentally caused that death, then the sentence for the attempted murder is the sentence for a Class 1 felony.
(2) The sentence for attempt to commit a Class X felony is the sentence for a Class 1 felony;
(3) The sentence for attempt to commit a Class 1 felony is the sentence for a Class 2 felony;
(4) The sentence for attempt to commit a Class 2 felony is the sentence for a Class 3 felony; and
(5) The sentence for attempt to commit any felony other than those specified in items (1), (2), (3), and (4) of this subsection (C) is the sentence for a Class A misdemeanor.
(ILCS Ch. 720, Act 5, § 8-4) Penalty, see § 130.99
§ 130.99 PENALTY.
Whoever violates any provisions of this title for which another penalty is not specifically provided shall be fined not less than $25 nor more than $500.
§ 131.02 TRESPASS TO LAND.
(A) (1) A person commits criminal trespass to real property when he or she:
(a) Knowingly and without lawful authority enters or remains within or on a building;
(b) Enters upon the land of another, after receiving, prior to the entry, notice from the owner or occupant that the entry is forbidden;
(c) Remains upon the land of another, after receiving notice from the owner or occupant to depart;
(d) Presents false documents or falsely represents his or her identity orally to the owner or occupant of a building or land in order to obtain permission from the owner or occupant to enter or remain in the building or on the land;
(e) Intentionally removes a notice posted on residential real estate required by subsection (l) of ILCS Ch. 735, Act 5, § 15-1505.8(l) before the date and time set forth in the notice; or
(f) Enters a field used or capable of being used for growing crops, an enclosed area containing livestock, an agricultural building containing livestock, or an orchard in or on a motor vehicle (including an off-road vehicle, motorcycle, moped, or any other powered two-wheel vehicle) after receiving, prior to the entry, notice from the owner or occupant that the entry is forbidden or remains upon or in the area after receiving notice from the owner or occupant to depart.
(2) For purposes of division (A)(1)(a) of this section, this section shall not apply to being in a building which is open to the public while the building is open to the public during its normal hours of operation; nor shall this section apply to a person who enters a public building under the reasonable belief that the building is still open to the public.
(B) A person has received notice from the owner or occupant within the meaning of division (A) of this section if he or she has been notified personally, either orally or in writing including a valid court order as defined by subsection (7) of Section 112A-3 of the Code of Criminal Procedure of 1963 granting remedy (2) of subsection (b) of Section 112A-14 of that Code, or if a printed or written notice forbidding such entry has been conspicuously posted or exhibited at the main entrance to the land or the forbidden part thereof.
(C) (1) Subject to the provisions of division (D) of this section, as an alternative to the posting of real property as set forth in division (B) of this secitno, the owner or lessee of any real property may post the property by placing identifying purple marks on trees or posts around the area to be posted. Each purple mark shall be:
(a) A vertical line of at least eight inches in length and the bottom of the mark shall be no less than three feet nor more than five feet high. Such marks shall be placed no more than 100 feet apart and shall be readily visible to any person approaching the property; or
(b) A post capped or otherwise marked on at least its top two inches. The bottom of the cap or mark shall be not less than three feet but not more than five feet, six inches high. Posts so marked shall be placed not more than 36 feet apart and shall be readily visible to any person approaching the property. Prior to applying a cap or mark which is visible from both sides of a fence shared by different property owners or lessees, all such owners or lessees shall concur in the decision to post their own property.
(2) Nothing in this division (C) shall be construed to authorize the owner or lessee of any real property to place any purple marks on any tree or post or to install any post or fence if doing so would violate any applicable law, rule, ordinance, order, covenant, bylaw, declaration, regulation, restriction, contract, or instrument.
(D) Any owner or lessee who marks his or her real property using the method described in division (C) of this section must also provide notice as described in division (B) of this section. The public of this state shall be informed of the provisions of division (C) of this section by the Illinois Department of Agriculture and the Illinois Department of Natural Resources. These departments shall conduct an information campaign for the general public concerning the interpretation and implementation of division (C) of this section. The information shall inform the public about the marking requirements and the applicability of division (C) of this section including information regarding the size requirements of the markings as well as the manner in which the markings shall be displayed. The departments shall also include information regarding the requirement that, until the date this subsection becomes inoperative, any owner or lessee who chooses to mark his or her property using paint, must also comply with one of the notice requirements listed in division (B) of this section. The departments may prepare a brochure or may disseminate the information through agency websites. Non-governmental organizations including, but not limited to, the Illinois Forestry Association, Illinois Tree Farm and the Walnut Council may help to disseminate the information regarding the requirements and applicability of division (C) of this section based on materials provided by the departments. This division (D) is inoperative on and after January 1, 2013.
(E) Divisions (C) and (D) do not apply to real property located in a municipality of over 2,000,000 inhabitants.
(F) This section does not apply to any person, whether a migrant worker or otherwise, living on the land with permission of the owner or of his or her agent having apparent authority to hire workers on the land and assign them living quarters or a place of accommodations for living thereon, nor to anyone living on the land at the request of, or by occupancy, leasing or other agreement or arrangement with the owner or his or her agent, nor to anyone invited by the migrant worker or other person so living on the land to visit him or her at the place he or she is so living upon the land.
(G) A person shall be exempt from prosecution under this section if he or she beautifies unoccupied and abandoned residential and industrial properties located within any municipality. For the purpose of this division, UNOCCUPIED AND ABANDONED RESIDENTIAL AND INDUSTRIAL PROPERTY means any real estate in which the taxes have not been paid for a period of at least two years; and which has been left unoccupied and abandoned for a period of at least one year; and BEAUTIFIES means to landscape, clean up litter, or to repair dilapidated conditions on or to board up windows and doors.
(H) No person shall be liable in any civil action for money damages to the owner of unoccupied and abandoned residential and industrial property which that person beautifies pursuant to division (G) of this section.
(I) Mortgagee or agent of the mortgagee exceptions.
(1) Mortgagee or agent of the mortgagee shall be exempt from prosecution for criminal trespass for entering, securing, or maintaining an abandoned residential property.
(2) No mortgagee or agent of the mortgagee shall be liable to the mortgagor or other owner of an abandoned residential property in any civil action for negligence or civil trespass in connection with entering, securing, or maintaining the abandoned residential property.
(3) For the purpose of this division (I) only, ABANDONED RESIDENTIAL PROPERTY means mortgaged real estate that the mortgagee or agent of the mortgagee determines in good faith meets the definition of abandoned residential property set forth in ILCS Ch. 735, Act 5, § 15-1200.5.
(J) This section does not prohibit a person from entering a building or upon the land of another for emergency purposes. For purposes of this division, EMERGENCY means a condition or circumstance in which an individual is or is reasonably believed by the person to be in imminent danger of serious bodily harm or in which property is or is reasonably believed to be in imminent danger of damage or destruction.
(K) Division (A)(1)(d) of this section does not apply to a peace officer or other official of a unit of government who enters a building or land in the performance of his or her official duties.
(L) A violation of divisions (A)(1)(a) through (d) of this section is a Class B misdemeanor. A violation of division (A)(1)(f) of this section is a Class A misdemeanor.
(M) A person may be liable in any civil action for money damages to the owner of the land he or she entered upon with a motor vehicle as prohibited under division (A)(1)(f) of this section. A person may also be liable to the owner for court costs and reasonable attorney’s fees. The measure of damages shall be: the actual damages, but not less than $250, if the vehicle is operated in a nature preserve or registered area as defined in ILCS Ch. 525, Act 30, §§ 3.11 and 3.14; twice the actual damages if the owner has previously notified the person to cease trespassing; or in any other case, the actual damages, but not less than $50. If the person operating the vehicle is under the age of 16, the owner of the vehicle and the parent or legal guardian of the minor are jointly and severally liable. For the purposes of this division:
(1) LAND includes, but is not limited to, land used for crop land, fallow land, orchard, pasture, feed lot, timber land, prairie land, mine spoil nature preserves and registered areas. LAND does not include driveways or private roadways upon which the owner allows the public to drive.
(2) OWNER means the person who has the right to possession of the land, including the owner, operator or tenant.
(3) VEHICLE has the same meaning as provided under § 70.01 of this Code of Ordinances.
(N) This section does not apply to the following persons while serving process:
(1) A person authorized to serve process under ILCS Ch. 735, Act 5, § 2-202; or
(2) A special process server appointed by the circuit court.
(ILCS Ch. 720, Act 5, § 21-3) Penalty, see § 130.99
§ 131.03 DAMAGING CITY PROPERTY.
(A) It shall be unlawful to:
(1) Knowingly damage any city property without the city’s consent.
(2) Recklessly, by means of fire or explosion, damage city property without the city’s consent.
(3) Knowingly start a fire on city land without the consent of the city.
(4) Knowingly deposit on city land or in a city building any stink bomb or any offensive-smelling compound which thereby tends to interfere with the use by the city of its land or buildings.
(B) For the purposes of this section, PROPERTY means anything of value including, but not limited to real estate, money, commercial instruments, written instruments representing or embodying rights concerning anything of value, labor, or services, things affixed to or found on land or part of or affixed to any building, electricity, gas, or water.
Penalty, see § 130.99
§ 132.01 DISORDERLY CONDUCT.
(A) A person commits disorderly conduct when he or she knowingly:
(1) Does any act in such unreasonable manner as to alarm or disturb another and to provoke a breach of the peace;
(2) Transmits or causes to be transmitted in any manner to the Fire Department a false alarm of fire, knowing at the time of the transmission that there is no reasonable ground for believing that the fire exists; or
(3) Transmits or causes to be transmitted in any manner to another a false alarm to the effect that a bomb or other explosive of any nature or a container holding poison gas, a deadly biological or chemical contaminant, or radioactive substance is concealed in a place where its explosion or release would endanger human life, knowing at the time of the transmission that there is no reasonable ground for believing that the bomb, explosive or a container holding poison gas, a deadly biological or chemical contaminant, or radioactive substance is concealed in the place;
(4) Transmits or causes to be transmitted a threat of destruction of a school building or school property, or a threat of violence, death , or bodily harm directed against persons at a school, school function, or school event, whether or not school is in session;
(5) Transmits or causes to be transmitted in any manner to any peace officer, public officer or public employee a report to the effect that an offense will be committed, is being committed, or has been committed, knowing at the time of the transmission that there is no reasonable ground for believing that the offense will be committed, is being committed, or has been committed; or
(6) Transmits or causes to be transmitted a false report to any public safety agency without the reasonable grounds necessary to believe that transmitting the report is necessary for the safety and welfare of the public;
(7) Calls the number “911″ for the purpose of making or transmitting a false alarm or complaint and reporting information when, at the time the call or transmission is made, the person knows there is no reasonable ground for making the call or transmission and further knows that the call or transmission could result in the emergency response of any public safety agency;
(8) Transmits or causes to be transmitted a false report to the Department of Children and Family Services under Section 4 of the “Abused and Neglected Child Reporting Act”;
(9) Transmits or causes to be transmitted a false report to the Department of Public Health under the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act, or the ID/DD Community Care Act;
(10) Transmits or causes to be transmitted in any manner to the Police Department or Fire Department, or any privately owned and operated ambulance service, a false request for an ambulance, emergency medical technician-ambulance or emergency medical technician-paramedic knowing at the time there is no reasonable ground for believing that the assistance is required;
(11) Transmits or causes to be transmitted a false report under Article II of “An Act in relation to victims of violence and abuse”, approved September 16, 1984, as amended;
(12) 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; or
(13) While acting as a collection agency as defined in the Collection Agency Act or as an employee of the collection agency, and while attempting to collect an alleged debt, makes a telephone call to the alleged debtor which is designed to harass, annoy or intimidate the alleged debtor.
(B) Sentence.
(1) A violation of division (A)(1) of this section is a Class C misdemeanor. A violation of division (A)(6) or, (A)(12) of this section is a Class A misdemeanor. A violation of division (A)(9) or (A)(11) of this Section is a Class B misdemeanor. A violation of division (A)(2), (A)(4), (A)(5), (A)(7), (A)(8), or (A)(10) of this section is a Class 4 felony and shall be prosecuted under appropriate state law. A violation of division (A)(3) of this section is a Class 3 felony, for which a fine of not less than $3,000 and no more than $10,000 shall be assessed in addition to any other penalty imposed.
(2) A violation of division (A)(13) of this section is a business offense and shall be punished by a fine not to exceed $3,000. A second or subsequent violation of division (A)(8) or (A)(6) of this section is a Class 4 felony. A third or subsequent violation of division (A)(6) of this section is a Class 4 felony.
(C) In addition to any other sentence that may be imposed, a court shall order any person convicted of disorderly conduct to perform community service for not less than 30 and not more than 120 hours, if community service is available in the jurisdiction and is funded and approved by the county board of the county where the offense was committed. In addition, whenever any person is placed on supervision for an alleged offense under this section, the supervision shall be conditioned upon the performance of the community service. This division does not apply when the court imposes a sentence of incarceration.
(D) In addition to any other sentence that may be imposed, the court shall order any person convicted of disorderly conduct under division (A)(3) of this section involving a false alarm of a threat that a bomb or explosive device has been placed in a school to reimburse the unit of government that employs the emergency response officer or officers that were dispatched to the school for the cost of the search for a bomb or explosive device. For the purposes of this section, EMERGENCY RESPONSE means any incident requiring a response by a police officer, a firefighter, a State Fire Marshal employee, or an ambulance.
(ILCS Ch. 720, Act 5, § 26-1)
§ 133.01 RESISTING OR OBSTRUCTING A POLICE OFFICER, FIREFIGHTER, OR CORRECTIONAL INSTITUTION EMPLOYEE.
(A) (1) A person who knowingly resists or obstructs the performance by one known to the person to be a peace officer, firefighter, or correctional institution employee of any authorized act within his or her official capacity commits a Class A misdemeanor.
(2) In addition to any other sentence that may be imposed, a court shall order any person convicted of resisting or obstructing a peace officer, firefighter, or correctional institution employee to be sentenced to a minimum of 48 consecutive hours of imprisonment or ordered to perform community service for not less than 100 hours as may be determined by the court. The person shall not be eligible for probation in order to reduce the sentence of imprisonment or community service.
(3) A person convicted for a violation of this section whose violation was the proximate cause of an injury to a peace officer, firefighter, or correctional institution employee is guilty of a Class 4 felony to be prosecuted under appropriate state law.
(B) For purposes of this section, CORRECTIONAL INSTITUTION EMPLOYEE means any person employed to supervise and control inmates incarcerated in a penitentiary, state farm, reformatory, prison, jail, house of correction, police detention area, half-way house, or other institution or place for the incarceration or custody of persons under sentence for offenses or awaiting trial or sentence for offenses, under arrest for an offense, a violation of probation, a violation of parole, or a violation of mandatory supervised release, or awaiting a bail setting hearing or preliminary hearing, or who are sexually dangerous persons or who are sexually violent persons; and FIREFIGHTER means any individual, either as an employee or volunteer, of a regularly constituted fire department of a municipality or fire protection district who performs fire fighting duties, including, but not limited to, the fire chief, assistant fire chief, captain, engineer, driver, ladder person, hose person, pipe person, and any other member of a regularly constituted fire department. FIREFIGHTER also means a person employed by the Office of the State Fire Marshal to conduct arson investigations.
(C) It is an affirmative defense to a violation of this section if a person resists or obstructs the performance of one known by the person to be a firefighter by returning to or remaining in a dwelling, residence, building, or other structure to rescue or to attempt to rescue any person.
(ILCS Ch. 720, Act 5, § 31-1) Penalty, see § 130.99
§ 133.02 REFUSING TO AID AN OFFICER.
No person, upon command, shall refuse or knowingly reasonably fail to aid a person known by him to be a police officer in:
(A) Apprehending a person whom the officer is authorized to apprehend; or
(B) Preventing the commission by another of any offense.
(ILCS Ch. 720, Act 5, § 31-8) Penalty, see § 130.99
§ 133.03 TAMPERING WITH PUBLIC NOTICE.
(A) A person commits tampering with public notice when he or she knowingly and without lawful authority alters, destroys, defaces, removes, or conceals any public notice posted according to law, during the time for which the notice was to remain posted.
(B) Sentence. Tampering with public notice is a petty offense.
(ILCS Ch. 720, Act 5, § 32-9)
§ 134.01 PUBLIC INDECENCY.
(A) Any person of the age of 17 years and upwards who performs any of the following acts in a public place commits a public indecency:
(1) An act of sexual penetration or sexual conduct; or
(2) A lewd exposure of the body done with intent to arouse or to satisfy the sexual desire of the person.
(3) Breast-feeding infants is not an act of public indecency.
(B) PUBLIC PLACE. For purposes of this section means any place where the conduct may reasonably be expected to be viewed by others.
(C) Sentence. Public indecency is a Class A misdemeanor. A person convicted of a third or subsequent violation for public indecency is guilty of a Class 4 felony. Public indecency is a Class 4 felony if committed by a person 18 years of age or older who is on or within 500 feet of elementary or secondary school grounds when children are present on the grounds.
(ILCS Ch. 720, Act 5,§ 11-30) Penalty, see § 130.99
§ 134.02 OBSCENITY.
(A) Elements of the offense. A person commits obscenity when, with knowledge of the nature or content thereof, or recklessly failing to exercise reasonable inspection which would have disclosed the nature or content thereof, he or she:
(1) Sells, delivers, or provides, or offers or agrees to sell, deliver, or provide any obscene writing, picture, record, or other representation or embodiment of the obscene;
(2) Presents or directs an obscene play, dance or other performance or participates directly in that portion thereof which makes it obscene;
(3) Publishes, exhibits, or otherwise makes available anything obscene;
(4) Performs an obscene act or otherwise presents an obscene exhibition of his or her body for gain;
(5) Creates, buys, procures, or possesses obscene matter or material with intent to disseminate it in violation of this section, or of the penal laws or regulations of any other jurisdiction; or
(6) Advertises or otherwise promotes the sale of material represented or held out by him or her to be obscene, whether or not it is obscene.
(B) “Obscene” defined. Any material or performance is OBSCENE if:
(1) The average person, applying contemporary adult community standards, would find that, taken as a whole, it appeals to the prurient interest;
(2) The average person, applying contemporary adult community standards, would find that it depicts or describes, in a patently offensive way, ultimate sexual acts or sadomasochistic sexual acts, whether normal or perverted, actual or simulated, or masturbation, excretory functions, or lewd exhibition of the genitals; and
(3) Taken as a whole, it lacks serious literary, artistic, political, or scientific value.
(C) Interpretation of evidence.
(1) Obscenity shall be judged with reference to ordinary adults except that it shall be judged with reference to children or other specially susceptible audiences if it appears from the character of the material or the circumstances of its dissemination to be specially designed for or directed to such an audience.
(2) Where circumstances of production, presentation, sale, dissemination, distribution, or publicity indicate that material is being commercially exploited for the sake of its prurient appeal, such evidence is probative with respect to the nature of the matter and can justify the conclusion that the matter is lacking in serious literary, artistic, political, or scientific value.
(3) In any prosecution for an offense under this section, evidence shall be admissible to show:
(a) The character of the audience for which the material was designed or to which it was directed;
(b) What the predominant appeal of the material would be for ordinary adults or a special audience, and what effect, if any, it would probably have on the behavior of such people;
(c) The artistic, literary, scientific, educational, or other merits of the material, or absence thereof;
(d) The degree, if any, of public acceptance of the material in this state;
(e) Appeal to prurient interest, or absence thereof, in advertising or other promotion of the material;
(f) Purpose of the author, creator, publisher, or disseminator.
(D) Permissive inference. The trier of fact may infer an intent to disseminate from the creation, purchase, procurement, or possession of a mold, engraved plate, or other embodiment of obscenity specially adapted for reproducing multiple copies, or the possession of more than three copies of obscene material.
(E) Affirmative defenses. It shall be an affirmative defense to obscenity that the dissemination:
(1) Was 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.
(F) Forfeiture of property. A person who has been convicted previously of the offense of obscenity and who is convicted of a second or subsequent offense of obscenity is subject to the property forfeiture provisions set forth in Article 124B of the Code of Criminal Procedure of 1963.
(ILCS Ch. 720, Act 5, § 11-20) Penalty, see § 130.99
§ 134.03 HARMFUL MATERIAL.
(A) Definitions. As used in this section:
DISTRIBUTE. To transfer possession of, whether with or without consideration.
HARMFUL TO MINORS. That quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sado-masochistic abuse, when, taken as a whole, it predominately appeals to the prurient interest in sex of minors, is patently offensive to prevailing standards in the adult community in the state as a whole with respect to what is suitable material for minors, and lacks serious literary, artistic, political, or scientific value for minors.
KNOWINGLY. Having knowledge of the contents of the subject matter, or recklessly failing to exercise reasonable inspection which would have disclosed the contents.
MATERIAL.
(a) Any picture, photograph, drawing, sculpture, film, video game, computer game, video or similar visual depiction, including any such representation or image which is stored electronically; or
(b) Any book, magazine, printed matter however reproduced, or recorded audio of any sort.
MINOR. Any person under the age of 18.
NUDITY. The showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion below the top of the nipple, or the depiction of covered male genitals in a discernably turgid state.
SADO-MASOCHISTIC ABUSE. Flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one clothed for sexual gratification or stimulation.
SEXUAL CONDUCT. Acts of masturbation, sexual intercourse, or physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks or, if such person be a female, breast.
SEXUAL EXCITEMENT. The condition of human male or female genitals when in a state of sexual stimulation or arousal.
(B) A person is guilty of distributing harmful material to a minor when he or she:
(1) Knowingly sells, lends, distributes, exhibits to, depicts to, or gives away to a minor, knowing that the minor is under the age of 18 or failing to exercise reasonable care in ascertaining the person’s true age:
(a) Any material which depicts nudity, sexual conduct or sado-masochistic abuse, or which contains explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sado-masochistic abuse, and which taken as a whole is harmful to minors;
(b) A motion picture, show, or other presentation which depicts nudity, sexual conduct or sado-masochistic abuse and is harmful to minors;
(c) An admission ticket or pass to premises where there is exhibited or to be exhibited such a motion picture, show, or other presentation; or
(2) Admits a minor to premises where there is exhibited or to be exhibited such a motion picture, show, or other presentation, knowing that the minor is a person under the age of 18 or failing to exercise reasonable care in ascertaining the person’s true age.
(C) In any prosecution arising under this section, it is an affirmative defense:
(1) That the minor as to whom the offense is alleged to have been committed exhibited to the accused a draft card, driver’s license, birth certificate or other official or apparently official document purporting to establish that the minor was 18 years of age or older, which was relied upon by the accused;
(2) That the defendant was in a parental or guardianship relationship with the minor or that the minor was accompanied by a parent or legal guardian;
(3) That the defendant was a bona fide school, museum, or public library, or was a person acting in the course of his or her employment as an employee or official of such organization or retail outlet affiliated with and serving the educational purpose of such organization;
(4) That the act charged was committed in aid of legitimate scientific or educational purposes; or
(5) That an advertisement of harmful material as defined in this section culminated in the sale or distribution of such harmful material to a child under circumstances where there was no personal confrontation of the child by the defendant, his or her employees, or agents, as where the order or request for such harmful material was transmitted by mail, telephone, Internet or similar means of communication, and delivery of such harmful material to the child was by mail, freight, Internet or similar means of transport, which advertisement contained the following statement, or a substantially similar statement, and that the defendant required the purchaser to certify that he or she was not under the age of 18 and that the purchaser falsely stated that he or she was not under the age of 18: “NOTICE: It is unlawful for any person under the age of 18 to purchase the matter advertised. Any person under the age of 18 that falsely states that he or she is not under the age of 18 for the purpose of obtaining the material advertised is guilty of a Class B misdemeanor under the laws of the State.”
(D) The predominant appeal to prurient interest of the material shall be judged with reference to average children of the same general age of the child to whom such material was sold, lent, distributed or given, unless it appears from the nature of the matter or the circumstances of its dissemination or distribution that it is designed for specially susceptible groups, in which case the predominant appeal of the material shall be judged with reference to its intended or probable recipient group.
(E) Distribution of harmful material in violation of this section is a Class A misdemeanor. A second or subsequent offense is a Class 4 felony to be prosecuted under appropriate state law.
(F) Any person under the age of 18 who falsely states, either orally or in writing, that he or she is not under the age of 18, or who presents or offers to any person any evidence of age and identity that is false or not actually his or her own with the intent of ordering, obtaining, viewing, or otherwise procuring or attempting to procure or view any harmful material is guilty of a Class B misdemeanor.
(G) A person over the age of 18 who fails to exercise reasonable care in ascertaining the true age of a minor, knowingly distributes to, or sends, or causes to be sent, or exhibits to, or offers to distribute, or exhibits any harmful material to a person that he or she believes is a minor is guilty of a Class A misdemeanor. If that person utilized a computer web camera, cellular telephone, or any other type of device to manufacture the harmful material, then each offense is a Class 4 felony.
(H) Telecommunications carriers, commercial mobile service providers, and providers of information services, including, but not limited to, internet service providers and hosting service providers, are not liable under this section, except for willful and wanton misconduct, by virtue of the transmission, storage, or caching of electronic communications or messages of others or by virtue of the provision of other related telecommunications, commercial mobile services, or information services used by others in violation of this section.
(ILCS Ch. 720, Act 5, § 11-21) Penalty, see § 130.99
§ 135.01 DEFINITIONS.
For the purposes of this chapter the following words and phrases shall have the following meanings ascribed to them respectively.
GAMBLING DEVICE. Any clock, tape machine, slot machine, or other machines or device for the reception of money or other thing of value on chance or skill, or upon the action of which money or other thing of value is staked, hazarded, bet, won, or lost; or any mechanism, furniture, fixture, equipment, or other device designed primarily for use in a gambling place. A GAMBLING DEVICE does not include:
(1) A coin-in-the-slot operated mechanical device played for amusement which rewards the player with the right to replay such mechanical device, which device is so constructed or devised as to make such result of the operation thereof depend in part upon the skill of the player and which returns to the player thereof no money, property, or right to receive money or property.
(2) Vending machines by which full and adequate return is made for the money invested and in which there is no element of chance of hazard.
INTERNET. An interactive computer service or system or an information service, system, or access software provider that provides or enables computer access by multitude users to a computer server, and includes, but is not limited to, an information service, system, or access software provider that provides access to a network system commonly known as the INTERNET, or any comparable system or service and also includes, but is not limited to, a World Wide Web page, newsgroup, message board, mailing list, or chat area on any interactive computer service or system or other online service.
LOTTERY. Any scheme or procedure whereby one or more prizes are distributed by chance among persons who have paid or promised consideration for a chance to win such prizes, whether such scheme or procedure is called a lottery, raffle, gift, sale, or some other name, but not including any lottery established by the state of Illinois or any other state.
POLICY GAME. Any scheme or procedure whereby a person promises or guarantees by any instrument, bill, certificate, writing, token, or other device that any particular number, character, ticket, or certificate shall in the event of any contingency in the nature of a lottery entitle the purchaser or holder to receive money, property, or evidence of debt.
(ILCS Ch. 720, Act 5, § 28-2)
§ 135.02 GAMBLING.
(A) A person commits gambling when, within the corporate limits of the city, he or she:
(1) Knowingly plays a game of chance or skill for money or other thing of value, unless excepted in division (B);
(2) Knowingly makes a wager upon the result of any game, contest, or any political nomination, appointment, or election;
(3) Knowingly operates, keeps, owns, uses, purchases, exhibits, rents, sells, bargains for the sale or lease of, manufactures, or distributes any gambling device;
(4) Contracts to have or give himself or herself or another the option to buy or sell, or contracts to buy or sell, at a future time, any grain or other commodity whatsoever, or any stock or security of any company, where it is at the time of making such contract intended by both parties thereto that the contract to buy or sell, or the option, whenever exercised, or the contract resulting therefrom, shall be settled, not by the receipt or delivery of such property, but by the payment only of differences in prices thereof; however, the issuance, purchase, sale, exercise, endorsement or guarantee, by or through a person registered with the Secretary of State pursuant to § 8 of the Illinois Securities Law of 1953, or by or through a person exempt from such registration under § 8, of a put, call, or other option to buy or sell securities which have been registered with the Secretary of State or which are exempt from such registration under § 3 of the Illinois Securities Law of 1953 is not gambling within the meaning of this division (A)(4);
(5) Knowingly owns or possesses any book, instrument, or apparatus by means of which bets or wagers have been, or are, recorded or registered, or knowingly possesses any money which he has received in the courses of a bet or wager;
(6) Knowingly sells pools upon the result of any game or contest of skill or chance, political nomination, appointment, or election;
(7) Knowingly sets up or promotes any lottery or sells, offers to sell, or transfers any ticket or share for any lottery;
(8) Knowingly sets up or promotes any policy game or sells, offers to sell, or knowingly possesses or transfers any policy ticket, slip, record, document, or other similar device;
(9) Knowingly drafts, prints, or publishes any lottery ticker or share, or any policy ticket, slip, record, document or similar device, except for such activity related to lotteries, bingo games, and raffles authorized by and conducted in accordance with the laws of Illinois or any other state or foreign government;
(10) Knowingly advertises any lottery or policy game, except for such activity related to lotteries, bingo games, and raffles authorized by and conducted in accordance with the laws of Illinois or any other state; or
(11) Knowingly transmits information as to wagers, betting odds, or changes in betting odds by telephone, telegraph, radio, semaphore, or similar means; or knowingly installs or maintains equipment for the transmission or receipt of such information; except that nothing in this division prohibits transmission or receipt of such information for use in news reporting of sporting events or contests.
(12) Knowingly establishes, maintains, or operates an internet site that permits a person to play a game of chance or skill for money or other thing of value by means of the internet or to make a wager upon the result of any game, contest, political nomination, appointment, or election by means of the internet. This division (A)(12) does not apply to activities referenced in division (B)(6) and (7) of this section.
(B) Participants in any of the following activities shall not be convicted of gambling:
(1) Agreements to compensate for loss caused by the happening of chance including without limitation contracts of indemnity or guaranty and life or health or accident insurance;
(2) Offers of prizes, awards, or compensation to the actual contestants in any bona fide contest for the determination of skill, speed, strength, or endurance or to the owners of animals or vehicles entered in such contest;
(3) Pari-mutuel betting as authorized by the law of this state;
(4) Manufacture of gambling devices, including the acquisition of essential parts therefor and the assembly thereof, for transportation in interstate or foreign commerce to any place outside this state when such transportation is not prohibited by any applicable federal law; or the manufacture, distribution, or possession of video gaming terminals, as defined in the Video Gaming Act, by manufacturers, distributors, and terminal operators licensed to do so under the Video Gaming Act;
(5) The game commonly known as “bingo,” when conducted in accordance with ILCS Ch. 230, Act 25, § 1 et seq.;
(6) Lotteries when conducted by the State of Illinois in accordance with ILCS Ch. 20, Act 1605, § 1 et seq. This exemption includes activities conducted by the Department of Revenue to sell lottery tickets pursuant to the provisions of the Illinois Lottery Law and its rules;
(7) The purchase of lottery tickets through the internet for a lottery conducted by the State of Illinois under the program established in ILCS Ch. 230, Act 25, § 7.12;
(8) Possession of an antique slot machine that is neither used nor intended to be used in the operation or promotion of any unlawful gambling activity or enterprise. For the purpose of this division, an ANTIQUE SLOT MACHINE is one manufactured 25 years ago or earlier;
(9) Raffles when conducted in accordance with ILCS Ch. 230, Act 15, § 1 et seq.; and
(10) Charitable games when conducted in accordance with ILCS Ch. 230, Act 30, § 1 et seq.;
(11) Pull tabs and jar games when conducted under the Illinois Pull Tabs and jar Games Act;
(12) Video gaming terminal games at a licensed establishment, licensed truck stop establishment, licensed fraternal establishment, or licensed veterans’ establishment when conducted in accordance with the Video Gaming Act, ILCS Ch. 230, Act 40;
(13) Games of skill or chance where money or other things of value can be won but no payment or purchase is required to participate
(C) Sentence. Gambling is a Class A misdemeanor. A second or subsequent conviction under divisions (A)(3) through (A)(12) of this section is a Class 4 felony.
(D) Circumstantial evidence. In prosecutions under this section, circumstantial evidence shall have the same validity and weight as in any criminal prosecution.
(ILCS Ch. 720, Act 5, § 28-1) (Am. Ord. 902, passed 5-7-12) Penalty, see § 130.99
§ 135.03 KEEPING A GAMBLING PLACE.
(A) For purposes of this section, a GAMBLING PLACE is any real estate, vehicle, boat, or any other property whatsoever used for the purposes of gambling other than gambling conducted in the manner authorized by the Riverboat Gambling Act or the Video Gaming Act. Any person who knowingly permits any premises or property owned or occupied by him or under his control to be used as a gambling place commits a Class A misdemeanor. Each subsequent offense is a Class 4 felony.
(B) When any premises is determined by the circuit court to be a gambling place:
(1) Such premises is hereby declared to be a public nuisance and may be proceeded against as such;
(2) All licenses, permits or certificates issued by the State of Illinois or any subdivision or public agency thereof authorizing the serving of food or liquor on such premises shall be void; and no license, permit or certificate so cancelled shall be reissued for such premises for a period of 60 days thereafter; nor shall any person convicted of keeping a gambling place be reissued such license for one year from his conviction and, after a second conviction of keeping a gambling place, any such person shall not be reissued such license; and
(3) Such premises of any person who knowingly permits thereon a violation of any section of this chapter shall be held liable for, and may be sold to pay any unsatisfied judgment that may be recovered and any unsatisfied fine that may be levied under any section of this chapter.
(ILCS Ch. 720, Act 5, § 28-3)
§ 135.04 SEIZURE OF GAMBLING DEVICES AND GAMBLING FUNDS.
(A) Every device designed for gambling which is incapable of lawful use or every device used unlawfully for gambling shall be considered a gambling device and shall be subject to seizure, confiscation, and destruction by city authorities. As used in this section, a GAMBLING DEVICE includes any slot machine, and includes any machine or device constructed for the reception of money or other thing of value and so constructed as to return or cause someone to return on chance to the player thereof money, property, or a right to receive money or property. With the exception of any device designed for gambling which is incapable of lawful use, no gambling device shall be forfeited or destroyed unless an individual with a property interest in the device knows of the unlawful use thereof.
(B) Every gambling device shall be seized and forfeited as contraband to the city. Any money or other thing of value integrally related to acts of gambling shall be seized and forfeited as contraband to the city.
(ILCS Ch. 720, Act 5, § 28-5)
LITTER
§ 136.01 DEFINITIONS.
For the purposes of §§ 136.01 through 136.07 the following words and phrases shall have the following meanings ascribed to them respectively.
LITTER. Any discarded, used, or unconsumed substance or waste. LITTER may include, but is not limited to, any garbage, trash, refuse, debris, rubbish, grass clippings, or other lawn or garden waste; newspaper, magazines, glass, metal, plastic or paper containers, or other packaging construction material, abandoned vehicle (as defined in the Illinois Vehicle Code), motor vehicle parts, furniture, oil, carcass of a dead animal, any nauseous or offensive matter of any kind; any object likely to injure any person or create a traffic hazard; potentially infectious medical waste as defined in ILCS Ch. 415, Act 5, § 3.360 of the Environmental Protection Act; or anything else of an unsightly or unsanitary nature, which has been discarded, abandoned, or otherwise disposed of improperly. (ILCS Ch. 415, Act 105, § 3)
MOTOR VEHICLE. As defined in Chapter 70 of this Code of ordinances.
§ 136.02 DUMPING OR DEPOSITING OF LITTER PROHIBITED; EXEMPTIONS.
(A) No person shall dump, deposit, drop, throw, discard, leave, cause, or permit the dumping, depositing, dropping, throwing, discarding, or leaving of litter upon any public or private property in this city, or upon or into any river, lake, pond, or other stream or body of water in this city unless:
(1) The property has been designated by the city or any of its agencies for the disposal of litter, and the litter is disposed of on that property in accordance with the applicable rules and regulations of the State Pollution Control Board;
(2) The litter is placed into a receptacle or other container intended by the owner or tenant in lawful possession of that property for the deposit of litter;
(3) The person is the owner or tenant in lawful possession of the property or has first obtained the consent of the owner or tenant in lawful possession, or unless the act is done under the personal direction of the owner or tenant and does not create a public health or safety hazard, a public nuisance, or a fire hazard;
(4) The person is acting pursuant to special cleanup days established by the Board of Trustees; and/or
(5) The person is lawfully acting in or reacting to an emergency situation where health and safety is threatened, and removes and properly disposes of any litter, including, but not limited to, potentially infectious medical waste as defined in ILCS Ch. 415, Act 5, § 3.360 of the Environmental Protection Act, when the emergency situation no longer exists.
(B) (1) Any person convicted of a violation of this section is guilty of a Class B misdemeanor. A second conviction for an offense committed after the first conviction is a Class A misdemeanor. A third or subsequent violation, committed after a second conviction is a Class 4 felony to be prosecuted under appropriate state law.
(2) In addition to any fine imposed under this division, the court may order that the person convicted of such a violation remove and properly dispose of the litter, may employ special bailiffs to supervise such removal and disposal, and may tax the costs of such supervision as costs against the person so convicted.
(3) The penalties prescribed in this division are in addition to, and not in lieu of, any penalties, rights, remedies, duties or liabilities otherwise imposed or conferred by law.
(4) An individual convicted of violating this section by disposing of litter upon a public highway may, in addition to any other penalty, be required to maintain litter control for 30 days over a designated portion of that highway, including, at the discretion of the agency having jurisdiction over the section of highway in question, the site where the offense occurred, as provided in Section 50 of the Illinois Adopt-A-Highway Act.
(ILCS Ch. 415, Act 105, §§ 4, 8 )
§ 136.03 DUMPING OR DEPOSITING LITTER FROM MOTOR VEHICLE PROHIBITED.
(A) No person shall dump, deposit, drop, throw, discard, or otherwise dispose of litter from any motor vehicle upon any public highway, upon any public or private property or upon or into any river, lake, pond, stream, or body of water in this city except as permitted under § 136.02 (A)(1) through (5). Nor shall any person transport, by any means, garbage or refuse from any dwelling, residence, place of business, farm, or other site to and deposit the material in, around, or on top of trash barrels or other receptacles placed along public highways or at roadside rest areas.
(B) (1) Any person convicted of a violation of this section is guilty of a Class B misdemeanor. A second conviction for an offense committed after the first conviction is a Class A misdemeanor. A third or subsequent violation, committed after a second conviction is a Class 4 felony to be prosecuted under appropriate state law.
(2) In addition to any fine imposed under this division, the court may order that the person convicted of such a violation remove and properly dispose of the litter, may employ special bailiffs to supervise such removal and disposal, and may tax the costs of such supervision as costs against the person so convicted.
(3) The penalties prescribed in this division are in addition to, and not in lieu of, any penalties, rights, remedies, duties or liabilities otherwise imposed or conferred by law.
(4) An individual convicted of violating this section by disposing of litter upon a public highway may, in addition to any other penalty, be required to maintain litter control for 30 days over a designated portion of that highway, including, at the discretion of the agency having jurisdiction over the section of highway in question, the site where the offense occurred, as provided in Section 50 of the Illinois Adopt-A-Highway Act.
(ILCS Ch. 415, Act 105, §§ 5, 8)
§ 136.04 ACCUMULATION OF LITTER PROHIBITED.
(A) No person shall allow litter to accumulate upon real property, of which the person charged is the owner or tenant in control, in such a manner as to constitute a public nuisance or in such a manner that the litter may be blown or otherwise carried by the natural elements on to the real property of another person.
(B) (1) Any person convicted of a violation of this section is guilty of a Class B misdemeanor. A second conviction for an offense committed after the first conviction is a Class A misdemeanor. A third or subsequent violation, committed after a second conviction is a Class 4 felony to be prosecuted under appropriate state law.
(2) In addition to any fine imposed under this division, the court may order that the person convicted of such a violation remove and properly dispose of the litter, may employ special bailiffs to supervise such removal and disposal, and may tax the costs of such supervision as costs against the person so convicted.
(3) The penalties prescribed in this division are in addition to, and not in lieu of, any penalties, rights, remedies, duties or liabilities otherwise imposed or conferred by law.
(ILCS Ch. 415, Act 105, §§ 6, 8)
§ 136.05 PRESUMPTION OF VIOLATION BY OPERATOR THROWING LITTER FROM MOTOR VEHICLE.
Whenever litter is thrown, deposited, dropped, or dumped from any motor vehicle not carrying passengers for hire, the presumption is created that the operator of that motor vehicle has violated § 136.03, but that presumption may be rebutted.
(ILCS Ch. 415, Act 105, § 9)
§ 136.06 RECEPTACLES REQUIRED IN PUBLIC AREAS.
(A) In order to assist the public in complying with this chapter, the owner or person in control of any property which is held out to the public as a place for assemblage, the transaction of business, recreation, or as a public way shall cause to be placed and maintained receptacles for the deposit of litter of sufficient volume and in sufficient numbers to meet the needs of the numbers of people customarily coming on or using the property.
(B) For purposes of this section, PROPERTY HELD OUT TO THE PUBLIC FOR THE TRANSACTION OF BUSINESS includes, but is not limited to commercially operated parks, campgrounds, drive-in restaurants, automobile service stations, business parking lots, car washes, shopping centers, marinas, boat launching areas, industrial parking lots, boat moorage and fueling stations, piers, beaches and bathing areas, airports, roadside rest stops, drive-in movies, and shopping malls; and PROPERTY HELD OUT TO THE PUBLIC FOR ASSEMBLAGE, RECREATION, OR AS A PUBLIC WAY includes, but is not limited to any property that is publicly owned or operated for any of the purposes stated in the definition in this division for PROPERTY HELD OUT TO THE PUBLIC FOR THE TRANSACTION OF BUSINESS but excludes state highway rights-of-way and rest areas located thereon.
(C) If no litter receptacles are placed on property described in this section, the owner or person in control of the property shall be fined $100 for violating this section. If the owner or person in control of the property has placed litter receptacles on his property but the number or size of the receptacles has proved inadequate to meet the needs of the numbers of people coming on or using his property as indicated by the condition and appearance of that property, and the owner or person in control has failed to provide sufficient or adequate receptacles within ten days after being made aware of that fact by written notice from the police, he shall be fined $25 for each receptacle not so provided and maintained.
(ILCS Ch. 415, Act 105, § 10)
§ 136.07 POWER OF COURT TO ORDER REMOVAL OF LITTER.
(A) Any person convicted of a violation of this chapter is guilty of a Class B misdemeanor. A second conviction for an offense committed after the first conviction is a Class A misdemeanor. A third or subsequent violation, committed after a second conviction is a Class 4 felony to be prosecuted under appropriate state law.
(B) In addition to any fine imposed under this section, the court may order that the person convicted of such a violation remove and properly dispose of the litter, may employ special bailiffs to supervise such removal and disposal, and may tax the costs of such supervision as costs against the person so convicted.
(C) The penalties prescribed in this section are in addition to, and not in lieu of, any penalties, rights, remedies, duties or liabilities otherwise imposed or conferred by law.
(D) An individual convicted of violating §§ 136.02 and 136.03 by disposing of litter upon a public highway may, in addition to any other penalty, be required to maintain litter control for 30 days over a designated portion of that highway, including, at the discretion of the agency having jurisdiction over the section of highway in question, the site where the offense occurred, as provided in Section 50 of the Illinois Adopt-A-Highway Act.
(ILCS Ch. 415, Act 105, § 8)
DEADLY WEAPONS
§ 137.01 UNLAWFUL USE OF WEAPONS.
(A) A person commits the offense of unlawful use of weapons when he or she knowingly:
(1) Sells, manufactures, purchases, possesses or carries any bludgeon, black-jack, slung-shot, sand-club, sand-bag, metal knuckles or other knuckle weapon regardless of its composition, throwing star, or any knife, commonly referred to as a switchblade knife, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, or a ballistic knife, which is a device that propels a knifelike blade as a projectile by means of a coil spring, elastic material or compressed gas;
(2) Carries or possesses with intent to use the same unlawfully against another, a dagger, dirk, billy, dangerous knife, razor, stiletto, broken bottle or other piece of glass, stun gun or taser or any other dangerous or deadly weapon or instrument of like character;
(3) Carries on or about his person or in any vehicle, a tear gas gun projector or bomb or any object containing noxious liquid gas or substance, other than an object containing a non-lethal noxious liquid gas or substance designed solely for personal defense carried by a person 18 years of age or older;
(4) Carries or possesses in any vehicle or concealed on or about his or her person except when on his or her land or in his or her own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with tat person’s permission, any pistol, revolver, stun gun or taser or other firearm, except that this division (A)(4) does not apply to or affect transportation of weapons that meet one of the following conditions:
(a) Are broken down in a non-functioning state;
(b) Are not immediately accessible; or
(c) Are unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner’s Identification Card;
(5) Sets a spring gun;
(6) Possesses any device or attachment of any kind designed, used or intended for use in silencing the report of any firearm;
(7) Sells, manufactures, purchases, possesses or carries:
(a) A machine gun, which shall be defined for the purposes of this division as any weapon, which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot without manually reloading by a single function of the trigger, including the frame or receiver of any such weapon, or sells, manufactures, purchases, possesses, or carries any combination of parts designed or intended for use in converting any weapon into a machine gun, or any combination or parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person;
(b) Any rifle having one or more barrels less than 16 inches in length or a shotgun having one or more barrels less than 18 inches in length or any weapon made from a rifle or shotgun, whether by alteration, modification, or otherwise, if such a weapon as modified has an overall length of less than 26 inches; or
(c) Any bomb, bomb-shell, grenade, bottle or other container containing an explosive substance of over one-quarter ounce for like purposes, such as, but not limited to, black powder bombs and Molotov cocktails or artillery projectiles;
(8) Carries or possesses any firearm, stun gun or taser or other deadly weapon in any place which is licensed to sell intoxicating beverages, or at any public gathering held pursuant to a license issued by any governmental body or any public gathering at which an admission is charged, excluding a place where a showing, demonstration or lecture involving the exhibition of unloaded firearms is conducted. This division (A)(8) does not apply to any auction or raffle of a firearm held pursuant to a license or permit issued by a governmental body, nor does it apply to persons engaged in firearm safety training courses; or
(9) Carries or possesses in a vehicle or on or about his or her person any pistol, revolver, stun gun or taser or firearm or ballistic knife, when he or she is hooded, robed or masked in such manner as to conceal his identity; or
(10) Carries or possesses on or about his or her person, upon any public street, alley, or other public lands within the corporate limits of a city, village or incorporated town, except when an invitee thereon or therein, for the purpose of the display of such weapon or the lawful commerce in weapons, or except when on his or her land or in his or her own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person’s permission, any pistol, revolver, stun gun or taser or other firearm, except that this division (A)(10) does not apply to or affect transportation of weapons that meet one of the following conditions:
(a) Are broken down in a non-functioning state;
(b) Are not immediately accessible; or
(c) Are unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner’s Identification Card.
(11) Sells, manufactures or purchases any explosive bullet. For purposes of this division EXPLOSIVE BULLET means the projectile portion of an ammunition cartridge which contains or carries an explosive charge which will explode upon contact with the flesh of a human or an animal. CARTRIDGE means a tubular metal case having a projectile affixed at the front thereof and a cap or primer at the rear end thereof, with the propellant contained in such tube between the projectile and the cap; or
(12) Carries or possesses on or about his or her person while in a building occupied by a unit of government, a billy club, other weapon of like character, or other instrument of the like character intended for use as a weapon. For the purposes of this section, BILLY CLUB means a short stick or club commonly carried by police officers which is either telescopic or constructed of a solid piece of wood or other man-made material.
(B) A STUN GUN or TASER, as used in this division (A) of this section, means:
(1) Any device which is powered by electrical charging units, such as, batteries, and which fires one or several barbs attached to a length of wire and which, upon hitting a human, can send out a current capable of disrupting the person’s nervous system in such a manner as to render him or her incapable of normal functioning; or
(2) Any device which is powered by electrical charging units, such as batteries, and which, upon contact with a human or clothing worn by a human, can send out current capable of disrupting the person’s nervous system in such a manner as to render him or her incapable of normal functioning.
(C) A person convicted of a violation of division (A)(1) through (A)(5), (A)(10), (A)(11), or (A)(12) of this section commits a Class A misdemeanor.
(D) The presence in an automobile other than a public omnibus of any weapon, instrument or substance referred to in division (A)(7) of this section is prima facie evidence that it is in the possession of, and is being carried by, all persons occupying such automobile at the time such weapon, instrument or substance is found, except under the following circumstances:
(1) If such weapon, instrument or instrumentality is found upon the person of one of the occupants therein; or
(2) If such weapon, instrument or substance is found in an automobile operated for hire by a duly licensed driver in the due, lawful and proper pursuit of his or her trade, then such presumption shall not apply to the driver.
(E) Exemptions. Crossbows, common or compound bows and underwater spearguns are exempted from the definition of ballistic knife as defined in division (A)(1) of this section.
(ILCS Ch. 720, Act 5, § 24-1) Penalty, see § 130.99
Statutory reference:
For provisions concerning possession of weapons on school or university grounds (all of which are felonies), see ILCS Ch. 720, Act 5, § 24-1(a)(6), (7), and (9) and § 24-1(c)(2) respectively
§ 137.02 EXEMPTIONS.
(A) Section 137.01(A)(3), (4), (7), and (12) do not apply to or affect any of the following:
(1) Police officers or any person summoned by those officers to assist in making arrests or preserving the peace while he is actually engaged in assisting the officer.
(2) Wardens, superintendents, and keepers of prisons, penitentiaries, jails, and other institutions for the detention of persons accused or convicted of an offense, while in the performance of their official duty, or while commuting between their homes and place of employment.
(3) Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard or the Reserve Officers Training Corps, while in the performance of their official duty.
(4) Special agents employed by a railroad or a public utility to perform police functions or guards of armored car companies while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment; watchmen while actually engaged in the performance of the duties of their employment.
(5) Persons licensed as private security contractors, private detectives, private alarm contractors or employed by an agency certified by the Department of Financial and Professional Regulation, if their duties include the carrying of a weapon under the provisions of ILCS Ch. 225, Act 445, § 1 et seq., while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment, provided that the commuting is accomplished within one hour from departure from home or place of employment, as the case may be. A person shall be considered eligible for this exemption if he or she has completed the required 20 hours of training for a private security contractor, private detective, or private alarm contractor, or employee of a licensed agency and the 20 hours of required firearm training, and has been issued a firearm control card by the Department of Financial and Professional Regulation. Conditions for the renewal of firearm control cards issued under the provisions of this section shall be the same as for those cards issued under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. The firearm control card shall be carried by the private security contractor, private detective, or private alarm contractor, or employee of the licensed agency at all times when he or she is in possession of a concealable weapon.
(6) Any person regularly employed in a commercial or industrial operation for the protection of persons employed and private property related to that commercial or industrial operation while actually engaged in the performance of their duty or traveling between sites or properties belonging to the employer of such security guards, and who, as such security guards are members of a security force of five persons or more registered with the State Department of Financial and Professional Regulation; provided, that the security guard has successfully completed a course of study, approved by and supervised by the State Department of Financial and Professional Regulation, consisting of not less than 40 hours of training which shall include theory of law enforcement, liability for acts, and the handling of weapons. A person shall be considered to be in compliance with this section who has completed the required 20 hours of training for a security officer and 20 hours of required firearm training and who has been issued a firearm control card by the State Department of Financial and Professional Regulation.. Conditions for the renewal of firearm control cards issued under the provisions of this section shall be the same as for those cards issued under the provisions of ILCS Ch. 225, Act 445, § 1 et seq. The firearm control card shall be carried by the security guard at all times when he is in possession of a concealable weapon.
(7) Agents and investigators of the Illinois Legislative Investigating Commission authorized by the Commission to carry the weapons specified in § 137.01 (A) (3) and (4) while on duty in the course of any investigation for the Commission.
(8) Persons employed by a financial institution for the protection of other employees and property related to that financial institution, while actually engaged in the performance of their duties, commuting between their homes and places of employment, or traveling between sites or properties owned or operated by the financial institution, provided that any person so employed has successfully completed a course of study, approved by and supervised by the State Department of Financial and Professional Regulation, consisting of not less than 40 hours of training which includes theory of law enforcement, liability for acts, and the handling of weapons. A person shall be considered to be in compliance with this section who has completed the required 20 hours of training for a security officer and 20 hours of required firearm training and who has been issued a firearm control card by the State Department of Financial and Professional Regulation. Conditions for renewal of firearm control cards issued under the provisions of this section shall be the same as for those issued under the provisions of ILCS Ch. 225, Act 445, § 1 et seq. Such firearm control card shall be carried by the person so trained at all times when such person is in possession of a concealable weapon. For purposes of this division, FINANCIAL INSTITUTION means a bank, savings and loan association, credit union, or company providing armored car services.
(9) Any person employed by an armored car company to drive an armored car while actually engaged in the performance of his duties.
(10) Persons who have been classified as police officers pursuant to ILCS Ch. 20, Act 2910, § 1 et seq.
(11) Investigators of the Office of the State’s Attorneys Appellate Prosecutor authorized by the board of governors of the Office of the State’s Attorneys Appellate Prosecutor to carry weapons pursuant to ILCS Ch. 725, Act 210, § 7.06.
(12) Special investigators appointed by a State’s Attorney under § 3-9005 of the Counties Code.
(13) Probation officers while in the performance of their duties, or while commuting between their homes, places of employment or specific locations that are part of their assigned duties, with the consent of the chief judge of the circuit for which they are employed.
(14) Court security officers while in the performance of their official duties, or while commuting between their homes and places of employment, with the consent of the Sheriff.
(15) A person employed as an armed security guard at a nuclear energy, storage, weapons or development site or facility regulated by the Nuclear Regulatory Commission who has completed the background screening and training mandated by the rules and regulations of said commission.
(16) Manufacture, transportation, or sale of weapons to persons authorized under (A)(1) through (12) of this section to possess those weapons.
(B) Section 137.01 (A)(4) and (7) do not apply to or affect any of the following:
(1) Members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, or patrons of the ranges while the members or patrons are using their firearms on those target ranges;
(2) Duly authorized military or civil organizations while parading with the special permission of the governor;
(3) Licensed hunters, trappers, or fishermen while engaged in hunting, trapping, or fishing;
(4) Transportation of weapons broken down in a nonfunctioning state or not immediately accessible;
(5) Carrying or possessing any pistol, revolver, stun gun or taser or other firearm on the land or in the legal dwelling of another person as an invitee with that person’s permission.
(C) Section 137.01(A)(7) does not apply to or affect any of the following:
(1) Peace officers while in performance of their official duties.
(2) Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense.
(3) Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard, while in the performance of their official duty.
(4) Manufacture, transportation, or sale of machine guns to persons authorized under divisions (C)(1) through (3) of this section to possess machine guns, if the machine guns are broken down in a non-functioning state or are not immediately accessible.
(5) Persons licensed under federal law to manufacture any weapon from which eight or more shots or bullets can be discharged by a single function of the firing device, or ammunition for such weapons, and actually engaged in the business of manufacturing such weapons or ammunition, but only with respect to activities which are within the lawful scope of such business, such as the manufacture, transportation, or testing of such weapons or ammunition. This exemption does not authorize the general private possession of any weapon from which eight or more shots or bullets can be discharged by a single function of the firing device, but only such possession and activities as are within the lawful scope of a licensed manufacturing business described in this division. During transportation, such weapons shall be broken down in a non-functioning state or not immediately accessible.
(6) The manufacture, transport, testing, delivery, transfer or sale, and all lawful commercial or experimental activities necessary thereto, of rifles, shotguns, and weapons made from rifles or shotguns, or ammunition for such rifles, shotguns or weapons, where engaged in by a person operating as a contractor or subcontractor pursuant to a contract or subcontract for the development and supply of such rifles, shotguns, weapons or ammunition to the United States government or any branch of the Armed Forces of the United States, when such activities are necessary and incident to fulfilling the terms of such contract.
(a) The exemption granted under this division (C)(6) shall also apply to any authorized agent of any such contractor or subcontractor who is operating within the scope of his or her employment, where such activities involving such weapon, weapons or ammunition are necessary and incident to fulfilling the terms of such contract.
(b) During transportation, any such weapon shall be broken down in a non-functioning state, or not immediately accessible.
(7) (a) A person possessing a rifle with a barrel or barrels less than 16 inches in length if: (a) the person has been issued a curios and relics license from the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives; or (b) The person is an active member of a bona fide, nationally recognized military re-enacting group and the modification is required and necessary to accurately portray the weapon for historical re-enactment purposes; the re-enactor is in possession of a valid and current re-enacting group membership credential; and the overall length of the weapon as modified is not less than 26 inches.
(b) During transportation, any such weapon shall be broken down in a non-functioning state, or not immediately accessible.
(D) Section 137.01 (A) (1) does not apply to the purchase, possession, or carrying of a black-jack or slung-shot by a police officer.
(E) Section 137.01 (A) (6) does not apply to any owner, manager, or authorized employee of any place specified in that division or to any law enforcement officer.
(F) Section 137.01(A)(4) and (A)(7) does not apply to members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, while using their firearms on those target ranges.
(G) Sections 137.01(A)(7) and 137.03(A)(8) do not apply to:
(1) Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard, while in the performance of their official duty.
(2) Bona fide collectors of antique or surplus military ordinance.
(3) Laboratories having a department of forensic ballistics, or specializing in the development of ammunition or explosive ordnance.
(4) Commerce, preparation, assembly, or possession of explosive bullets by manufacturers of ammunition licensed by the federal government, in connection with the supply of those organizations and persons exempted by division (1) above, or like organizations and persons outside this state, or the transportation of explosive bullets to any organization or person exempted in this section by a common carrier or by a vehicle owned or leased by an exempted manufacturer.
(H) Section 137.01(A)(6) does not apply to or affect persons licensed under federal law to manufacture any device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm, firearms, or ammunition for those firearms equipped with those devices, and actually engaged in the business of manufacturing those devices, firearms, or ammunition, but only with respect to activities that are within the lawful scope of that business, such as the manufacture, transportation, or testing of those devices, firearms, or ammunition. This exemption does not authorize the general private possession of any device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm, but only such possession and activities as are within the lawful scope of a licensed manufacturing business described in this division (H). During transportation, these devices shall be detached from any weapon or not immediately accessible.
(I) Sections 137.01(A)(4) and (10) do not apply to or affect any parole agent or parole supervisor who meets the qualifications and conditions prescribed in § 3-14-1.5 of the Unified Code of Corrections.
(J) Section 137.01(A)(6) does not apply to a peace officer while serving as a member of a tactical response team or special operations team. A peace officer may not personally own or apply for ownership of a device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm. These devices shall be owned and maintained by lawfully recognized units of government whose duties include the investigation of criminal acts.
(K) An information or indictment based upon a violation of any provision of this subchapter need not negative any exemptions contained in this subchapter. The defendant shall have the burden of proving such an exemption.
(L) Nothing in this subchapter shall prohibit, apply to, or affect the transportation, carrying, or possession of any pistol or revolver, stun gun, taser, or other firearm consigned to a common carrier operating under license with the state or the federal government where such transportation, carrying, or possession is incident to the lawful transportation in which the common carrier is engaged. Nothing in this subchapter shall prohibit, apply to, or affect the transportation, carrying, or possession of any pistol, revolver, stun gun, taser, or other firearm not the subject of and regulated by ILCS Ch. 720, Act 5, § 24-1(A)(7) or § 24-2(C), which is unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by the possesser of a valid firearm owner’s identification card.
(ILCS Ch. 720, Act 5, § 24-2)
§ 137.03 UNLAWFUL POSSESSION OF FIREARMS AND FIREARM AMMUNITION.
A person commits the offense of unlawful possession of firearms or firearm ammunition when:
(A) He is under 18 years of age and has in his possession any firearm of a size which may be concealed upon the person;
(B) He is under 21 years of age, has been convicted of a misdemeanor other than a traffic offense or adjudged delinquent, and has any firearms or firearm ammunition in his possession;
(C) He is a narcotic addict and has any firearms or firearm ammunition in his possession;
(D) He has been a patient in a mental hospital within the past five years and has any firearms or firearm ammunition in his possession; or
(E) He is intellectually disabled and has any firearms or firearm ammunition in his possession.
(F) He has in his possession any explosive bullet. For the purposes of this section EXPLOSIVE BULLET means the projectile portion of an ammunition cartridge which contains or carries an explosive charge which will explode upon contact with the flesh of a human or an animal. CARTRIDGE means a tubular metal case having a projectile fixed at the front thereof and a cap or primer at the rear end thereof with the propellent contained in the tube between the projectile and the cap.
(ILCS Ch. 720, Act 5, § 24-3.l) Penalty, see § 130.99
§ 137.04 DEFACING IDENTIFICATION MARKS OF FIREARMS.
(A) Any person who shall knowingly or intentionally change, alter, remove or obliterate the name of the importer’s or manufacturer’s serial number of any firearm commits a Class 2 felony to be prosecuted under appropriate state law.
(B) A person who possesses any firearm upon which any such importer’s or manufacturer’s serial number has been changed, altered, removed or obliterated commits a Class 3 felony to be prosecuted under appropriate state law.
(C) Nothing in this section shall prevent a person from making repairs, replacement of parts, or other changes to a firearm if those repairs, replacement of parts, or changes cause the removal of the name of the maker, model, or other marks of identification other than the serial number on the firearm’s frame or receiver.
(D) A prosecution for a violation of this section may be commenced within six years after the commission of the offense.
(ILCS Ch. 720, Act 5, § 24-5) Penalty, see § 130.99
§ 137.05 CONFISCATION AND DISPOSITION OF WEAPONS.
Upon conviction of an offense in which a weapon was used or possessed by the offender, any weapon seized may be confiscated by the trial court for further disposition consistent with state law.
(ILCS Ch. 720, Act 5, § 24-6)
