Chapter 22 - Miscellaneous Offenses and Provisions

21 December 2017

 

CHAPTER 22

 

MISCELLANEOUS OFFENSES AND PROVISIONS

 

Art. I               In General, Secs. 22‑1 ‑ 22‑40

Art. II              Offenses Against Public Decency, Secs. 22‑41 ‑ 22‑69

 

Div. 1. Generally, Secs. 22‑41 ‑ 22‑52

Div. 2. Obscenity, Secs. 22‑53 ‑ 22‑69

 

Art. III                        Drug Paraphernalia, Secs. 22‑70 ‑ 22‑73

Art. IV                        Solicitation of Drugs and/or prostitution.

 

ARTICLE I.  IN GENERAL

 

Sec. 22‑01       Resisting or obstructing peace officers; enforcement of Code.

 

(a)        It shall be unlawful for any person to knowingly resist or obstruct the performance of one known to the person to be a peace officer of any authorized act within his official capacity.

(b)        No person shall obstruct or impede the enforcement of this Code. (Code 1965, Sec. 51.34)

 

State law reference - Similar provisions, Ill. Rev. Stat. Ch. 38, Sec. 31-1.

 

Sec. 22-02.      Refusing to aid an officer.

 

It shall be unlawful for any person, upon command to refuse or knowingly fail to reasonably aid a person known by him to be a peace officer in:

 

(1)        Apprehending a person whom the officer is authorized to apprehend; or

 

(2)        Preventing the commission by another of any offense. State law reference ‑ Similar provisions, Ill. Rev. Stat. Ch. 38. Sec. 31‑8.

 

Sec. 22‑03.      Aiding prisoner to escape.

 

(a)        It shall be unlawful for any person, with intent to aid any prisoner in escaping from any penal institution, to convey into the institution or transfer to the prisoner anything for use in escaping.

 

(b)        It shall be unlawful for any person to knowingly aid a person convicted of a crime or charged with the commission of a crime in escaping from any penal institution or from the custody of any employee of that institution.

 

(c)        It shall be unlawful for any person to knowingly aid a person in escaping from any public institution other than a penal institution, in which he is lawfully detained, or from the custody of an employee of that institution.

 

(d)       It shall be unlawful for any person to knowingly aid a person in the lawful custody of a peace officer in escaping from custody.

 

(e)        It shall be unlawful for any officer or employee of any penal institution to recklessly permit any prisoner in his custody to escape.

 

State law reference - Similar provision, Ill. Rev. Ch. 38, Sec. 31-7.

 

Sec. 22‑04.      Impersonating an officer.

 

No person shall falsely represent any member of the Police Department or shall maliciously, or with intent to deceive, use or imitate any sign, signal or device used by the department, or, not being a Police Officer, shall wear in public the police uniform. (Code 1965, Sec. 7.12)

 

Sec. 22‑05.      Assault.

 

It shall be unlawful for any person to commit assault. A person commits assault when, without lawful authority, he engages in conduct which places another in reasonable apprehension of receiving a battery. (Ord. of 10-16‑67, Sec. 1)

 

State law reference - Similar provision, Ill. Rev. Stat. Ch. 38, Sec. 12‑1.

 

Sec. 22‑06.      Battery.

 

It shall be unlawful for any person to commit a battery.  A person commits a battery when he intentionally or knowingly without legal justification and by any means causes bodily harm to an individual or makes physical contact of an insulting or provoking nature with an individual. (Ord. of 10‑16‑67, Sec. 1)

 

State law reference ‑ Similiar provision, Ill. Rev. Stat. Ch. 38, Sec. 12‑3.

 

Sec. 22‑07.      Unlawful assembly

 

Two (2) or more persons shall not assemble together for any unlawful purpose, or being assembled, shall not act in concert to do an unlawful act, with force and violence, against the property of the City, or the person or property of another, or against the peace or to the terror of citizens or other persons, or make any movement or preparation therefor. Violators of this section shall be severally subject to the penalty provided for violation of this Code after being requested by any police or other City Officer to disperse and failing to do so. (Code 1965, Sec. 51.04)

 

State law reference‑‑ Authority of municipalities to suppress disorderly assemblies, Ill. Rev. Stat. Ch. 24, Sec. 11‑52; unlawful assembly, Ch. 129, Sec. 268.

 

Sec. 22‑08.      Disturbing the peace.

 

No person shall disturb the peace of the City, or any private party or any person therein by any act done in such unreasonable manner as to alarm or disturb another and to provoke a breach of the peace. (Ord. of 10‑16‑67, Sec.1)

 

State law reference‑‑Authority of municipalities to prevent or suppress disturbances, Ill. Rev. Stat. Ch. 24, Sec. 11‑5‑2.

 

Sec. 22‑09.      Threats, profane and obscene language.

 

No person shall, within the City, challenge another to fight, or shall threaten or traduce another, or shall use any profane, obscene or offensive language, or indulge in any conduct toward another tending to provoke a disturbance or breach of the peace. (Code 1965. Sec.51‑03)

 

Sec. 22‑10.      Permitting disorderly conduct on premises.

 

No person shall knowingly suffer or permit any assemblage for the purpose of committing any unlawful act or breach of the peace, or any riotous, offensive or disorderly conduct in or upon any premises owned or occupied by him or under his control.  (Code 1965, Sec. 51.05)

 

State law references ‑ authority of municipalities to prevent disorderly conduct, Ill. Rev. Stat. Ch. 24, Sec. 11‑5-3; disorderly conduct, Ch.38, Sec. 26‑1.

 

Sec. 22‑11.      Disturbing religious worship.

 

No person shall interrupt or disturb any congregation or assembly met for the purpose of religious worship, or for any lawful purpose, by making any loud or unusual noise, or by rude and indecent behavior, or by obscene or improper discourse or conduct. (Code 1965, Sec. 51.06)

 

Sec. 22‑12.      Disturbing funeral.

 

No person shall willfully interrupt or disturb any funeral procession or assembly. (Code 1965, Sec. 51.07)

 

Cross references ‑ Permit for funerals, Sec. 29‑3; driving through funeral processions, Sec. 32‑19.

 

Sec. 22‑13.      Throwing of stones.

 

No person shall purposely or heedlessly cast or throw any stone, or other missile from or into any public place, or at any house, vehicle, other property or person. (Code 1965, Sec. 51.09)

 

Sec. 22‑14.      Carrying, concealing or flourishing weapons.

 

No person shall carry, wear or carry concealed about his person, any pistol, revolver, metallic knuckles, bowie knife, dirk, or other dangerous or deadly weapon nor shall he display or flourish any such weapon in a boisterous or threatening manner. This section shall not be held to apply to any policeman, constable or other peace officer, while in the discharge of his duty, nor to any person summoned by such officer to aid him in the making of an arrest in preserving the peace. (Code 1965, Sec. 51.11)

 

State law references ‑ Deadly weapons, Ill. Rev. Stat. Ch. 38, Sec. 24‑1 et seq.; firearms and ammunition, Ch. 38, Sec. 83‑1 et seq.

 

Sec. 22‑15. Dangerous weapons prohibited.

 

No person shall carry, possess or sell, loan or give to any person, any blackjack, sling shot, metal knuckles, bludgeon or knife which has a blade which opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, commonly referred to as a switchblade knife, or carry or possess, with intent to use the same unlawfully against another, a dagger, dirk, billy, any dangerous knife, razor, stiletto or other dangerous or deadly weapon or instrument of like character. (Code 1965, Sec. 51.12)

 

Sec. 22‑15.1.   Sale and Brandishing of Replica or Facsimile of Firearms.

 

(a)        No person shall display, market for sale, or sell any replica or facsimile of a firearm in the City. The decisions of this subsection shall not apply to any replica or facsimile firearm which, because of its distinct color, exaggerated size, or other design feature, cannot reasonably be perceived to be a real firearm.

 

(b)        Except in self defense, no person shall draw, exhibit, or brandish a replica or facsimile of a firearm or simulate a firearm in a rude, angry, or threatening manner, with the intent to frighten, vex, harass, or annoy any other person.

 

(c)        No person shall draw, exhibit, or brandish a replica or facsimile of a firearm or simulate a firearm in the presence of a peace officer, firefighter, emergency medical technician, or paramedic engaged in the performance of his or her duties, and the person committing such brandishing knows or has reason to know that such persons aforementioned are engaged in the performance of their duties.

 

Sec. 22‑15.2.   Definitions concerning firearms.

 

(a)        "Firearm" shall have the same meaning as the term "firearm" within Chapter 38, Paragraph 83‑1.1 of the 1985 Illinois Revised Statutes.

 

(b)        "Replica or facsimile of a firearm" shall mean any device or object made of plastic, wood, metal, or any other material which is a replica, facsimile, or any version of, or is otherwise recognizable as a pistol, revolver, shotgun, sawed‑off shot gun, rifle, machine gun, rocket launcher, or any other firearm. As used in this section "replica or facsimile of a firearm" shall include, but is not limited to, toy guns, movie props, hobby models (either in kit form or fully assembled), starter pistols, air guns, inoperative firearms, or any other device which might reasonably be perceived to be a real firearm. (Ord. No. 88‑3, Sec. 1‑2, 2‑16‑88).

 

Sec. 22‑16.      Drunkenness.

 

No person shall be in a state of intoxication or drunkenness in any street, sidewalk or other public place, or place open to public view, or in any private house or place, to the annoyance of any person. (Code 1965, Sec.51.13)

 

State law reference ‑ Authority of municipalities to prevent intoxication, Ill. Rev. Stat. Ch. 24, Sec. 11‑5‑3.

 

Sec. 22‑16.1.   Driving under influence of intoxicating liquor or narcotic drug.

 

(a)        No person who is under the influence of intoxicating liquor may drive or be in actual physical control of any vehicle within this City.

 

(b)        No person who is an habitual user of any narcotic drug or who is under the influence of any other drug to a degree which renders him incapable of safely driving a vehicle may drive or be in actual physical control of any vehicle within this City. The fact that a person charged with a violation of this subsection (b) is or has been entitled to use such drug under the law of this state does not constitute a defense against any charge of violation of this subsection (b).

 

(c)        Upon the trial of any action or proceeding arising out of the acts alleged to have been committed by any person while driving or in actual physical control of a vehicle while under the influence of intoxicating liquor, evidence of the amount of alcohol in the person's blood at the time of the act alleged as shown by a chemical analysis of his breath, blood, urine, saliva or other bodily substance is admissible, as provided hereinafter in this subsection (c) and the result of any such analysis shall give rise to the following presumptions:

 

(1)        If there was at the time of such analysis five one hundredths (0.05) per cent or less by weight of alcohol in the person's blood, it shall be presumed that the person was not under the influence of intoxicating liquor;

 

(2)        If there was at the time of such analysis in excess of five one‑hundredths (0.05) per cent but less than ten one‑hundredths (0.10) per cent by weight of alcohol in the person's blood, such fact shall not give rise to any presumption that the person was or was not under the influence of intoxicating liquor, but such fact may be considered with other competent evidence in determining whether such person was under the influence of intoxicating liquor;

 

(3)        If there was at the time of such analysis ten one hundredths (0.10) percent* or more by weight of alcohol in the person's blood, it shall be presumed that the person was under the influence of intoxicating liquor.

 

*Percent by weight of alcohol in the blood shall be based upon grams of alcohol per one hundred (100) cubic centimeters of blood. Evidence based upon a chemical analysis of blood, urine, breath, saliva, or other bodily substance shall not be admitted unless such substance was procured and such analysis made with the consent of the person as provided in this section, whose bodily substance was so analyzed.

 

The foregoing provisions of this subsection (c) shall not be construed as limiting the introduction of any other component evidence bearing upon the question whether or not the defendant was under the influence of intoxicating liquor.

 

(d)       Chemical analysis of the person's blood or breath to be considered valid under this section must be performed according to uniform standards adopted by the state department of public health, in cooperation with the superintendent of state police, and by an individual possessing a valid permit issued by that department for this purpose.

 

(e)        When an unconscious person or person otherwise incapable of refusal is given a blood test at the request of a law enforcement officer under the provisions of this section only a physician authorized to practice medicine in all its branches, a registered nurse or other qualified person may withdraw blood, in a manner prescribed by the department of public health for the purpose of determining the alcoholic content therein.

 

 (f)       The person tested may have a physician authorized to practice medicine in all its branches, a qualified technician, chemist, registered nurse or other qualified person of his own choosing, to administer a chemical test or tests, at his own expense, in addition to any administered at the direction of a law enforcement officer. The failure or inability to obtain an additional test by a person does not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer.

 

(g)        Upon the request of the person who submitted to a chemical test or tests at the request of a law enforcement officer, full information concerning the test or tests must be made available to him or his attorney.

 

(h)        Evidence of a refusal to submit to a chemical test is inadmissible in any civil action or proceeding, or in any action brought against him for a violation of this section. However, nothing in this paragraph (h) shall prevent the admission of evidence of such refusal in a hearing on the admission of evidence of such refusal in a hearing on the suspension of a person's privilege to operate a motor vehicle under Section 11-501.1 of the Illinois Motor Vehicle Code.

 

(i)         Every person who is convicted of a violation of this section shall be guilty of a misdemeanor as defined in Section 1-14 of this Code. (Ord. No. 76‑39, Sec. 1, 7‑20‑76)

 

Sec. 22‑17.      Regulation of sale and use of model glue; inhalation of fumes prohibited; penalties.

 

(a)        As used in this section, the term "model glue" shall mean any glue or cement of the type commonly used in the building of model airplanes, boats and automobiles, containing toluene, acetone, or other solvent or chemical having the property of releasing toxic vapors.

 

(b)        No person shall, for the purpose of causing a condition of intoxication, euphoria, excitement, exhilaration, stupefaction, or dulling of the senses or nervous system, intentionally smell or inhale the fumes from any model glue; provided, however, that this subsection shall not apply to the inhalation of any anesthesia for medical or dental purposes.

 

(c)        No person shall for the purpose of violating or aiding another to violate any provision of this section, intentionally possess, buy, sell, transfer possession, or receive possession of any model glue.

 

(d)       Except as provided in this subsection and subsection (e), no person under sixteen (16) years of age shall possess or buy any model glue.  Except as provided in this subsection and subsection (e), no person shall sell or transfer possession of any model glue to another person under sixteen (16) years of age; provided, however, a person may sell or transfer possession of model glue to a person under sixteen (16) years of age for model building or other lawful use where such minor has in his possession and exhibits the written consent of his parent or guardian.

 

(e)        A person making a sale or transfer of possession of model glue to a person under sixteen (16) years of age who exhibits the written consent of his parent or guardian, shall record the name, address, sex and age of the minor and the name and address of the consenting parent or guardian. All data required by this subsection shall be kept in a permanent type register available for inspection by the Chief of Police for period of at least six (6) months.

 

(f)        Any person other than a minor violating any of the provisions of this section shall be deemed guilty of an offense and upon conviction thereof shall be fined as provided in the general penalty in section 1‑18. Any minor violating any of the provisions of this section shall be dealt with in accordance with the applicable Illinois states statute. (Ord. of 10‑16‑67, Secs. 1 ‑ 6)

 

State law reference ‑ Juvenile courts, Ill. Rev. Stat. Ch. 37, Sec. 701‑1 et seq.; intoxicating compounds, Ch. 38, Sec. 81‑1 et seq.

 

Sec. 22-17.1    City of Kankakee Established as a Drug‑Free Work Place.

 

The City of Kankakee shall require that all employees be notified in writing that the unlawful manufacture, dispensation, possession or use of a controlled substance in the work place is strictly prohibited.

 

Each employee engaged in the performance of a federal contract or grant work must have a copy of the employer's statement and must agree as a condition of employment to abide by its terms and notify the employer of any criminal drug statute conviction for a violation occurring in the work place no later than 5 days after such conviction. The City shall notify the contracting or granting agency of such a conviction within 10 days after receiving notice of conviction.

 

The City of Kankakee shall provide for or refer employees to drug counseling, rehabilitation and employee assistance programs.

 

The City of Kankakee Drug‑Free Work Place shall include:

 

(1)        An Employee Assistance Program.

 

(2)        Training of supervisors to identify and address illegal drug use in the work place.

 

(3)        A procedure for self‑referral to drug rehabilitation programs with maximum confidentiality.

 

(4)        A Drug‑Free Awareness Program to inform employees of the danger of drug abuse in the work place, the City's policy of maintaining a drug‑free work environment, and the availability of drug counseling, rehabilitation and employee assistance programs.

 

Use of controlled substances in the work place and/or being under the influence of such substances in the work place may result in immediate termination. Where appropriate, the City may require employees who have used controlled substances in the work place and/or are under the influence of such a substance and/or are convicted of violations of criminal drug statutes in the work place to satisfactorily participate in a drug abuse assistance or rehabilitation program, or face sanctions up to and including termination. (Ord. No. 89‑5, Sec. 1‑5, 3‑6‑89)

 

Sec. 22-17.2.   Prohibiting persons from manifesting the purpose of illegally using, possessing or selling controlled substances.

 

It shall be unlawful for any person to loiter in a public place in a manner and under circumstances manifesting the purpose of illegally using, possessing, transferring or selling any controlled substance as that term is defined in the Illinois Revised Statutes, 1989, Chapter 56 1/2, Section 1201 et seq., as now enacted or hereafter amended or transferred.  Among the circumstances which may be considered in determining whether such a purpose is manifested are:

 

(1)        The person is a known illegal user, possessor or seller of controlled substances, or the person is at a location frequented by persons who illegally use, possess, transfer or sell controlled substances; and,

 

(2)        The person repeatedly beckons to, stops, attempts to stop or engage in conversation with passersby, whether such passersby are on foot or in a motor vehicle, for the purpose of inducing, enticing, soliciting or procuring another to illegally possess, transfer, or buy any controlled substances; or,

 

(3)        The person repeatedly passes to or receives from passersby, whether such passersby are on foot or in a motor vehicle, money, objects or written material for the purpose of inducing, enticing, soliciting or procuring another to illegally possess, transfer, or buy any controlled substances; or,

 

In order for there to be a violation of subsection (a), the person's affirmative language or conduct must be such as to demonstrate by its express or implied content or appearance a specific intent to induce, entice, solicit or procure another to illegally possess, transfer or buy a controlled substance. 

 

No arrest shall be made for a violation of subsection (a) unless the arresting officer first affords the person an opportunity to explain his conduct, and no one shall be convicted of violating subsection (a) if it appears at trial that the explanation given was true and disclosed a lawful purpose.

 

For the purpose of this section, a "known illegal user, possessor or seller of controlled substances" is a person who, within one (1) year previous to the date of arrest for violation of this section, has within the knowledge of the arresting officer been convicted of illegally manufacturing, using, possessing, selling, purchasing or delivering any controlled substance.

 

Any person who violates any provision of this Ordinance shall upon conviction be fined not more than $500.00. (Ord. No. 90-50, Sec. 1, 9-24-90)

 

Sec. 22‑18.      Vagrancy.

 

Any person able to work and maintain himself in some lawful calling, not having visible means of support, who shall live idly without any fixed place of abode, or shall stroll about the streets begging from house to house, or frequenting drinking places, gaming houses or bawdy houses, or shall otherwise lead an idle or profligate life; or any person upon whom shall be found any instrument or device for pigeon dropping, or for picking locks or pockets, or for the commission of burglary, or other device used by cheats and swindlers, without being able to give a good account of his possession of the same; or any person who trespasses upon private premises in the nighttime, or habitually sleeps in outhouses, stables, lumberyards, railroad depots or cars; or any prostitute, bawd or lewd woman, or female inmate of a bawdy house or house of ill‑fame, who shall be wandering about the streets plying her vocation, or visiting or staying about dram shops or drinking places; and any habitual night walker, or person loitering or strolling about the streets of the City at late or unusual hours of the night, without being able to give a good and satisfactory account for so doing, shall be deemed a vagrant. No person shall be a vagrant within the City. (Code 1965, Sec.51‑25)

 

State law reference‑‑‑Authority of municipalities to prevent vagrancy, Ill. Rev. Stat. Ch. 24, Sec. 11-5-4.

 

Sec. 22‑19.      Loafing or loitering.

 

No person shall be found loafing or loitering at the corners of streets, or in the vicinity of any place of amusement, hotel or other business place or private premises, and shall refuse to disperse or vacate such place when requested to do so by any person in possession of any portion of the premises, who is annoyed or aggrieved thereby, or by any police officer. (Code 1965, Sec. 51‑26)

 

 

 

 

Sec. 22-20.      Fortunetelling.

 

No person shall seek or receive money or property from another by means of fortunetelling, palmistry, spirit mediumship, card reading, astrology, or by any other scheme or fraud. (Code 1965, Sec. 51.28)

 

Sec. 22‑21.      Fraudulent advertising.

 

No person shall with intent to sell, dispose of merchandise, securities, service, or anything offered by him, directly or indirectly, to the public for sale or distribution, or with intent to increase the consumption thereof, or to induce the public in any manner to enter into any obligation relating thereto, or to acquire title thereto, or an interest therein, causes, directly or indirectly to be made, published, disseminated, circulated, or placed before the public, in this City, in a newspaper or other publication, or in the form of a book, notice, handbill poster bill, circular, pamphlet or letter, or in any other way, an advertisement of any sort regarding merchandise, securities, service, or anything so offered to the public, which advertisement contains any assertion, representation or statement of fact which is untrue or deceptive. (Code 1965, Sec. 51.29)

 

Cross reference ‑ Advertising generally, Sec. 3‑1 et seq.

 

State law reference ‑ Fraudulent advertising, Ch. 121 1/2, a et seq.

 

Sec. 22‑22.      Swimming in Kankakee River prohibited.

 

No person shall swim or bathe in any part of the Kankakee River, or any of its branches within the City. (Code 1965, Sec. 51.30)

 

Sec. 22‑23.      Interference with City Employees.

 

No person shall hinder or obstruct any person employed by the City or in any City improvement or public work. (Code 1965, Sec. 51.33)

 

 

 

 

 

 

 

Sec. 22‑24.1    Truancy Definitions.

 

As used in this ordinance, unless the context otherwise requires,

 

(a) “Valid cause” for absence shall be illness, observance of a religious holiday, death in the immediate family, family emergency and shall include other circumstances beyond the control of the student as determined by the Board of Education of Kankakee School District 111, or such other circumstance which cause reasonable concern to the parent for the safety or health of the student.

 

(b) Religion shall include all aspects of religious observance and practice, as well as belief.

 

Sec. 22-24.2    Truancy Prohibited.

 

No child who is subject to requirements of the State of Illinois and Kankakee School District 111 for compulsory school attendance shall be absent without valid cause from such attendance for a school day or any portion thereof.

 

Sec. 22-24.3    Penalty.

 

Any violation of this Ordinance shall be punishable by the imposition of a fine of not less than Fifty and no/100s Dollars ($50.00) and not more than Five Hundred and no/100s Dollars ($500.00) for each violation. For purposes of this Ordinance, each day of absence or portion thereof shall be construed as a separate offense. (Ord. No. 07-72; 8/20/07; Ord. No. 2014-71, 10/20/14)

 

Sec. 22‑25.      Obstructing water passage in streets, sewers, etc.

 

No person shall obstruct the passage of the water of any street, gutter, or public sewer, culvert, water pipe or hydrant, laid or placed in this City. (Code 1965, Sec. 51.42)

 

Sec. 22‑26.      Destruction or defacing of property generally.

 

No person shall break, deface, injure or destroy any public or private property. This shall include marking, scratching, cutting or otherwise defacing any part of any building or fence. (Code 1965, Sec. 51.43, 51.48)

 

 

 

Sec. 22‑26.1.   Parental responsibility for acts of minors.

 

(a)        Definitions. As used in this section unless the context otherwise requires, the terms specified have the meanings ascribed to them:

 

(1)        "Legal guardian”, means a person appointed guardian, or given custody, of a minor by a circuit court of the state, but does not include a person appointed guardian, or given custody of a minor under the Juvenile Court Act.

 

(2)        "Minor" means a person who is above the age of eleven (11) years, but not yet eighteen (18) years of age.

 

(b)        The parent or legal guardian of an unemancipated minor residing with such parent or legal guardian shall be presumed, in his absence of evidence to the contrary, to have failed to exercise proper parental responsibility and said minor shall be deemed to have committed the acts described below with the knowledge and permission of the parent or guardian, in violation of this section, upon the occurrence of the events described in (1), (2), and (3) below:

 

(1)        An unemancipated minor residing with said parent or legal guardian shall either be adjudicated to be in violation of any ordinance, law or statute prohibiting intentional, willful, malicious, or wanton acts causing injury to a person or property, or shall have incurred non judicial sanctions from another official agency resulting from an admission of guilt of violation of any ordinance, law, or statute prohibiting intentional, willful, malicious acts causing injury to a person or property; and

 

(2)        Said parent or legal guardian shall have received a written notice thereof, either by certified or registered mail, return receipt requested, or by personal service, with a certificate of personal service returned, from the Police Department of the City of Kankakee following said adjudication or non judicial sanction; and

 

 

 

 

 

(3)        If at any time within one year following receipt of the notice set forth in (2) above, said minor is either adjudicated to be in violation of any ordinance, law or statute as described in (1) above, or shall have incurred non judicial sanctions from another official agency resulting from an admission of guilt or violation of any ordinance, law or statute as described in (1) above.

 

(c)        Any person convicted of any violation or provisions of this section shall be fined not less than fifty dollars (50.00), not more than Five Hundred Dollars ($500.00) for each such offense. Said fine shall be imposed to accordance with Section 36-12 of the Municipal Code as hereinafter provided. (Ord. No. 76-42, Sec. 1, 7-20-76; Ord. No. 98-88, Sec. 22-26.1 11-2-98).

 

Sec. 22‑26‑2.   Curfew.

 

SECTION 1.   Definitions

 

            (a)        Parent means the natural mother or father or adopted mother or father of a person

            18 years of age or younger.

           

            (b)        Guardian means a person other than a parent to whom legal custody or

                        guardianship has been given by court order or who is acting in the place of the

                        parent or who is responsible for the care and welfare of a person 18 years of age or

                        younger.

           

            (c)        Public place means any place to which the public has access.

     

      (d)       Cultural event means live performance that is devoted to the public exposition

                        of a work of art, music or literature including exhibitions, concerts, plays and

                        other theatrical performances.

           

            (e)        Civic or government events means an activity sponsored by a governmental body

            or organization that is devoted to providing various public services to its citizens.

 

            (f)        Extracurricular school activity means an event that is outside the regular

                        curriculum including athletic, cultural, and other events of official school clubs

                        and organizations.

 

           

 

            (g)        Social event means an activity consisting of a gathering given by an organized

                        group within the community such as a church, school, cultural, civic, or

                        government organization.

 

            (h)        Religious organization means a body of persons adhering to a particular set of

                        beliefs and practices generally agreed upon a number of persons or sects.

 

            (i)         Medical or other emergency means an unforeseen combination of circumstances

                        that call for immediate action, including, but not limited to, fire, natural disaster,

                        vehicular accident, or a series condition of a sudden onset.

 

SECTION 2.

 

            (a)        It is unlawful for a person less than 18 years of age to be present at or upon any

                        public assembly, building, business, street, highway, or other public place or way

                        at the following times, unless accompanied and supervised by a parent, legal

                        guardian, sibling, stepbrother or stepsister at least 18 years of age, or other

                        responsible companion at least 21 years of age approved by a parent or legal

                        guardian; or unless engaged in a business or occupation which the laws of this

                        state authorize a person 16 years of age to perform:

 

                        (1)        For persons under 16 years of age between 9:30 p.m. and 6:00 a.m. the

                                    following day on any day of the week.

 

                        (2)        For persons 16 but not yet 18 years of age:

 

                                    (i)         Between 11:00 p.m. on Sunday through Thursday, inclusive.

                                                and 6:00 a.m. the following day.

 

                                    (ii)        Between 12:01 a.m. and 6:00 a.m. on Saturday or Sunday.

 

            (b)        It is unlawful for any parent, legal guardian, or other person to knowingly permit

                        a person in his custody or control to violate the provisions of Section 1 of this

                        Ordinance.

 

            (c)        A person age 18 and under and/or the parent or guardian of said person shall not

                        be considered to be in violation of this ordinance if the person under 18 years of

                        age fits within one or more of the following exceptions:

 

                        (1)        He or she is on an errand made necessary by a medical or other

                                    emergency.

 

                        (2)        He or she is attending a cultural, government, extracurricular, school,

                                    social, and/or an event sponsored by a religious organization, or was

                                    traveling to or from such events.

 

                        (3)        He or she is engaged in the performance of a specific errand at the

                                    direction of his or her parent or guardian.

 

                        (4)        He or she is going to or coming from a visit with relatives with the specific

                                    permission or direction of his or her parent or guardian.

 

            (d)       A person convicted of a violation of any provision of this section shall be fined

                        not less than $50.00 nor more than $500.00, provided however, that an

                        age-appropriate first offender may be referred to teen court.

 

(Ord.  07-75; 7/20/07)

           

                                   

Sec. 22‑27.      Injuring or removing vegetation, fences, signs, etc.

 

No person shall cut, injure, remove or destroy any fruit or vegetable, ornamental or shade tree, or the boxing around the same, or any plant, shrub or flower, or any fence, railing, gatepost or sign or any other thing used for ornament or utility upon any public ground, sidewalk or private premises. (Code 1965, 51.44)

 

Sec. 22‑28.      Trespassing prohibited.

 

No person shall enter any private premises against the consent of the owner or occupant thereof, or trespass on private premises or public grounds. (Code 1965, Sec. 51.44)

 

Sec. 22‑29.      Hanging, removing, etc., corner stones, stakes, etc.

 

No person shall change, remove or destroy any stone, stake or post, set or placed to mark the corner of any lot or parcel of ground, street or alley, or to show the grade of any street, alley or sidewalk of the City. (Code 1965, Sec. 51.47)

 

Sec. 22‑30.      False alarms.

 

(a)        Any person who willfully or knowingly gives or aids or abets in giving any false alarm for fire or for emergency squad assistance by any means including telephone or public or private fire alarm system shall be guilty of a misdemeanor.

 

(b)        Any person convicted of violating subsection (a) of this section shall be punished by fine not to exceed five hundred dollars ($500.00) or imprisonment in a penal institution other than a prison for a period not to exceed six (6) months. (Ord. No. 73‑54, Sec. 1, 9‑4‑73)

 

State law references - Authority of municipalities to prevent disorderly conduct, Ill. Rev. Stat., Ch. 24, Sec. 11‑5‑3; authority of municipalities to punish offenders, Ill. Rev. Stat., Ch. 24, Sec. 1‑2‑1.

 

Sec. 22‑31.      Accepting wagers or bets on horse races.

 

(a)        Commencing upon the effective date of this section (November 22, 1976), it shall be unlawful for any person, firm or corporation to accept any wager or bet on any horse race, which person, firm or corporation thereafter places said wager or bet at an authorized race track, irrespective of whether a fee is charged.

 

(b)        Every person found guilty of an offense under subsection (a) shall be fined no less than five hundred dollars ($500.00) for each violation and not in excess of one thousand dollars ($1,000.00) for each violation.

 

(c)        Each wager or bet accepted shall constitute a separate and distinct violation under subsection (a) of this section.

 

(d)       Commencing upon the effective date of this section (November 22, 1976), it shall be unlawful for any person, firm or corporation which owns, rents or leases property within the City of Kankakee, to permit the occupation of any said building or premises with knowledge that wagers or bets are being accepted or are to be accepted thereon.

 

(e)        Every person found guilty of violating subsection (d) shall be fined no less than five hundred dollars ($500.00) for each violation and not in excess of one thousand dollars ($1,000.00) for each violation.

 

(f)        Each day that the building or premises is occupied by a person, firm or corporation which accepts wagers or bets is a separate and distinct violation under subsection (d) of this section. (Ord. No. 76‑71, Secs. l ‑ 6, 11‑22‑76)

 

Editor's Note ‑ Section 22‑31 is derived from Ord. No. 76-71, Secs. 1‑6, which ordinance did not expressly amend this Code.

 

Sec. 22‑32.      Glass containers prohibited; enforcement; penalty.

 

It is hereby illegal to possess containers of glass or similar material on the Kankakee River in those areas within the jurisdiction of the City of Kankakee. All members of the Kankakee County River Patrol and all law enforcement officers in the county are hereby authorized to issue complaints to enforce the provisions hereof.

 

The penalty for violation of this section shall be a fine of not less than fifty dollars ($50.00) for the first offense, and seventy five dollars ($75.00) for each subsequent offense, if said fine is paid within seventy‑two (72) hours of the issuance of the complaint hereunder. (Ord. No. 84‑23, 8‑6‑84)

 

Editor's Note‑‑Section 22‑32 is derived from Ord. No. 84‑23, adopted Aug.6, 1984. This ordinance, non-amendatory of the code, has been codified herein at the editor's discretion.

 

Sec. 33-1.       

 

Any weapon obtained by the City of Kankakee Police Department as evidence in the investigation of any crime in which the weapon was used to cause injury or the death of a person

or persons either by suicide of homicide shall be destroyed at such time as the weapon no longer

has any purpose for evidence.  A written record shall be made of stating the date and method of the destruction of the weapon and shall be kept with the evidence records of the City of Kankakee Police Department.

 

For purposes of this Ordinance a weapon shall include any gun, firearm, long gun, explosive device, knife, or any other object which is used as a weapon for the purposes of causing the death or injury to a person or persons.  A motor vehicle is not included as a weapon for the purposes of this Ordinance.

 

Sec. 2  Severability:   If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstances shall be held invalid by a court of competent jurisdiction, such invalidity shall not affect the other provisions of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable.

 

(Ord. 15-80; 12/21/15)

 

Sec. 22‑34 – 22‑40.     Reserved.

 

 

ARTICLE II. OFFENSES AGAINST PUBLIC DECENCY

 

DIVISION 1. GENERALLY

 

*Cross reference‑‑Gambling and immoral practices on premises licensed for sale of alcoholic beverages prohibited, Sec. 4‑18.

 

Sec. 22‑41.      Indecent exposure, dress and conduct.

 

No person shall make any indecent exposure of his or her person, or shall appear in any public place, or place exposed to the public view, in a dress not belonging to his or her sex, or in an indecent or lewd dress, or in a state of nudity, or shall be guilty of any other indecent or lewd act. (Code 1965, Sec. 51-15)

 

Sec. 22‑42.      Indecent writing, drawings, etc, in public prohibited.

 

No person shall, in any public place, or place open to the public view, write or draw, cut or make, any lewd or indecent word, sentence, design or figure. (Code 1965, Sec.51‑16)

 

Sec. 22‑43.      Gambling house or rooms.

 

No person shall set up, keep, maintain or support any gambling house or room, or place used for the practice of gaming or playing for money or property, or shall knowingly permit any building or premises owned or controlled by him to be used for any such purpose: or shall keep or use, or permit to be used, in any building or place occupied, controlled or owned by such person, any table, wheel, cards, or other instrument or device commonly used for the purpose of gaming. (Code 1965, Sec.51‑19)

 

State law reference‑‑Gambling and related offenses, Ill. Rev. Stat. Ch. 38. 28‑1.

 

Sec. 22‑44.      Inmates of gaming houses.

 

No person shall be an inmate of any gaming house or room within the city, or shall be in any way connected therewith, or shall frequent or visit the same, or be found therein; or shall play for any money or other valuable thing at any game with cards, dice, billiards, or any other instrument or device or bet on any such game when played by others. (Code 1965, Sec. 51‑20)

 

 

 

Sec. 22‑45.      Right of entry to gambling house, disorderly house, etc.

 

No person shall refuse to permit the Mayor, any Alderman or members of the Police Department to enter any gambling house or room, disorderly house, or house of ill‑fame within the City. It shall be lawful for any such officer to enter such place and make arrests as provided by state law. (Code 1965, Sec. 51.34)

 

Sec. 22‑46.      Prophylactic devices.

 

No person other than a duly registered pharmacist, or a licensed practitioner of medicine, shall sell, offer for sale, vend or give away prophylactic devices, prophylactic rubber goods or any other articles of any kind, nature and description for the prevention of venereal and other diseases, or infections or any sex incentive devices or contrivances. This provision shall not apply to wholesale druggists, jobbers or manufacturers who sell articles hereinbefore described in wholesale quantities for recall by registered pharmacists at their usual places of business, and by duly licensed practitioners of medicines. No merchandise of the character described herein shall be offered for sale by any person unless the merchandise is identified by the manufacturer's name on the package. (Code 1965, Sec. 51.24)

 

Sec. 22‑47 ‑ 22‑52.      Reserved.

 

DIVISION 2. OBSCENITY

 

Sec. 22‑53.      Definition - Obscenity.

 

For purposes of this division, a thing is "obscene" if, considered as a whole, its predominant appeal is to prurient interest, that is, a shameful or morbid interest in nudity, sex or excretion, and if it goes substantially beyond customary limits of candor in description or representation of such matters. A thing is obscene even though the obscenity is latent, as in the case of undeveloped photographs. (Ord. No. 69‑45, Sec.1, 4‑7‑69)

 

Sec. 22‑54.      Certain acts related to obscene material prohibited.

 

It shall be unlawful for any person, with knowledge of the nature or content thereof, to exhibit, sell, print, offer to sell, give away, circulate, publish, distribute, or attempt to distribute any obscene book, magazine, pamphlet, paper, writing, card, advertisement, circular, print, picture, photograph, motion picture film, play, image, instrument, statute, drawing, or other article which is obscene. (Ord. No. 69‑45, Sec. 1, 4‑7‑69)

 

Sec. 22‑55       Distribution of obscene material to minors prohibited.

 

It shall be unlawful for any person with knowledge of the nature or content thereof to exhibit, sell, offer to sell, give away, circulate, or distribute or attempt to distribute to any person under the age of eighteen (18) years any obscene book, magazine, pamphlet, paper, writing, card, advertisement, circular, print, picture, photograph, motion picture film, play, image, instrument, statue, drawing, or other material. (Ord. No. 69‑45, Sec.1, 4‑7‑69)

 

Sec. 22‑56.      Division interpretation and admissibility of evidence.

 

For purposes of this division, obscenity shall be judged with reference to ordinary adults, except that it shall be judged with reference to children or other specially susceptible audience if it appears from the character of the material or the circumstances of its dissemination to be speci