Title XIII
GENERAL OFFENSES
Chapters:
130 Nuisances and Offenses Against Public Health and Welfare
131 Park Regulations
131A Camping in Wheeland Park
132 Drug Paraphernalia
Chapter 130
NUISANCES AND OFFENSES AGAINST PUBLIC HEALTH AND WELFARE
Sections:
ARTICLE I. NUISANCES ON THE PREMISES
130.001 Dangerous conditions on premises.
130.002 Receptacles to be provided.
130.002.1 Solid waste to be placed in receptacles.
130.002.2 Disposal of garbage on other premises prohibited.
130.003 Pools and watercourses.
130.004 Brush, weeds, etc. declared nuisance.
130.005 Sewage.
130.006 Electric fences.
ARTICLE II. GENERAL NUISANCE
130.007 Littering, deposit of refuse.
130.007.1 Use of refuse facility.
130.008 Committing acts which endanger public health.
130.009 Discharging air gun, etc.
130.010 Climbing on, etc., tower or water tank.
130.011 Keeping of livestock within the village.
130.012 Rats.
130.013 Legal days for Halloween.
130.014 Riding of horses on sidewalks.
ARTICLE III. AUTOMOBILES
130.015 Inoperable motor vehicles.
130.016 Parking on private property.
ARTICLE IV. FIRES
130.017 Combustible and hazardous material.
130.018 Fires.
130.019 Authority at fires to be obeyed.
130.020 Hindering firemen or injuring fire apparatus.
130.021 Fire hoses.
ARTICLE IVA. NOISE
130.022 Nuisances– Unlawful.
130.023 Prima facie violation.
130.024 Investigation– Arrest.
130.025 Public nuisance declared.
130.026 Nuisances and abatement.
130.027 Penalty.
130.028 Fines.
ARTICLE IVB. PLANTS AND WEEDS
130.029 Definitions.
130.030 Height of plants restricted.
130.031 Removal required by owner.
130.032 Removal by village.
ARTICLE V. ENFORCEMENT AND PENALTIES
130.998 Nuisance, abatement.
130.999 Penalty.
ARTICLE I. 130.001 Dangerous conditions on premises.
It is illegal and declared to be a nuisance to have any building or structure within the village which is unfit for human use. The designation of buildings as unfit for human use and the procedure for the determination and placarding of such unfit buildings shall be carried out in compliance with the following requirements:
(A) Any building which shall be found to have any of the following defects shall be declared as unfit for human use and shall be so designated and placarded by the designated village officer:
(1) One which is so damaged, decayed, dilapidated, unsanitary, unsafe or vermin-infested that it creates a serious hazard to the health or safety of the occupants or the public;
(2) One which lacks lumination, ventilation, or sanitation facilities adequate to protect the health and safety of the occupants or the public;
(3) One which, because of its general condition or location, is unsanitary or otherwise dangerous to the health or safety of the occupants or of the general public.
(B) Any building determined as unfit for human use and so designated and placarded by the designated village officer shall be vacated within a reasonable time, as ordered by the designated village officer.
(C) No dwelling or dwelling unit which has been determined and placarded as unfit for human use shall again be used for human use until written approval is secured from, and such placard is removed by, the designated village officer. The village officer shall remove such placard only when the defects upon which the determination and placarding action was based have been eliminated, and after the dwelling or dwelling unit has been inspected and been found to comply in all respects with the requirements of this article.
(D) No person shall deface or remove the placard from any building which has been determined as unfit for human use and placarded as such, except as provided in subsection (C) of this section.
(E) Any person affected by any notice or order relating to the termination and placarding of a building as unfit for human use may request, and be granted a hearing on the matter before the village board.
(Ord. 88-015, passed 11-15-88) Penalty, see Section 130.999.
130.002 Receptacles to be provided.
(A) The owner or occupant, lessee or contract for deed buyer, of any single-family residence or duplex property shall provide, or cause to be provided a receptacle or receptacles that are:
(1) Clean and in good repair;
(2) Galvanized metal or plastic with a close-fitting metal or plastic cover;
(3) Watertight;
(4) A capacity of not less than five nor more than thirty-five gallons;
(5) With suitable handles for carrying;
(6) Sufficient to contain the accumulation of waste material for a period of at least seven days.
(B) The owner, Title holder of record or contract for deed buyer of any multiple-dwelling property with three or more dwelling units, shall provide and maintain clean and in good repair receptacles commonly known as dumpsters. The dumpsters shall include lids which shall be kept closed at all times except when garbage is being deposited in the dumpsters or when the dumpster is being emptied. Dumpster capacity shall be based on the number of dwelling units as follows:
(1) One or more cubic yards for three to four dwelling units;
(2) One and one-half cubic yards or more for five to six dwelling units;
(3) Two cubic yards or more for seven to eight dwelling units;
(4) An additional one-half cubic yard shall be required for every additional two dwelling units over eight units.
(C) An owner of a multiple-dwelling property with four or more dwelling units may petition in writing to the administrator of public health for an exemption from the dumpster requirements set forth above. On receipt of the petition the administrator or a designee shall inspect the premises. If the director of a designee decides that the receptacle facilities for the multiple-dwelling residence are adequate and do not present a hazard to the public health and safety, a permit to exempt the residence from the dumpster requirement shall be issued. This permit may be revoked if at any time the receptacle facilities become inadequate for the residence or present a hazard to the public health and safety.
(D) In all cases, it shall be the ultimate responsibility of the owner, title holder or contract for deed buyer to provide the proper receptacles for the premises.
(Ord. 88-015, passed 11-15-88; Ord. 95-025, passed 10-16-95).
130.002.1 Solid waste to be placed in receptacles.
It shall be the duty of every owner or occupant of any premises to dispose, at least once per calendar week, of any solid waste inclusive of, but not limited to, garbage and rubbish in receptacles described in Section 130.002.
(Ord. 95-025, passed 10-16-95).
130.002.2 Disposal of garbage on other premises prohibited.
No person, firm or corporation shall dispose of any solid waste in any receptacle not located on the premises where the waste was generated, without the express written consent of the owner of the premises on which the waste is deposited.
(Ord. 95-025, passed 10-16-95).
130.003 Pools and watercourses.
It shall be unlawful and a nuisance for any person, firm or corporation to obstruct or pollute any watercourse or source of water supply in the village. It shall be unlawful for any person, firm or corporation to permit any pool of water or watercourse on any property under his, her or its control to become stagnant or polluted.
(Ord. 88-015, passed 11-15-88) Penalty, see Section 130.999.
130.004 Brush, weeds, etc. declared nuisance.
The presence upon lands lying within the corporate limits of the village of brush, weeds, dead and dying trees, stumps, roots, obnoxious growth, filth, refuse, garbage, offal, carcasses of dead animals, trash and debris, is declared to be detrimental to public health and safety, and is declared to be a nuisance.
(Ord. 88-015, passed 11-15-88) Penalty, see Section 130.999.
130.005 Sewage.
It shall be unlawful and is declared a nuisance for any person to maintain, permit, cause, create or contribute to, in any way, an open drain, sewer or cesspool, and it shall be unlawful for any person to permit, create, cause or contribute to any unsightly, nauseous or unhealthful condition by failing to properly dispose of sewage or refuse, both within the limits of the village and at any point within one mile of the village limits.
(Ord. 88-015, passed 11-15-88) Penalty, see Section 130.999.
130.006 Electric fences.
It is declared unlawful and a nuisance for any person in the village to erect, construct or maintain any electrically charged fence around any premises that person may control.
(Ord. 88-015, passed 11-15-88) Penalty, see Section 130.999.
ARTICLE II. 130.007 Littering, deposit of refuse.
No garbage, ashes, grass, leaves or refuse of any kind shall be deposited in any street, alley or public place, excepting as provided in this chapter; and no owner of property shall permit or cause any garbage, ashes or refuse originating upon premises occupied by him to be thrown or placed upon any street, sidewalk, alley or public place, or to permit such refuse to be blown about by the wind.
(Ord. 88-015, passed 11-15-88) Penalty, see Section 130.999.
130.007.1 Use of refuse facility.
(A) The village shall provide a Dumpster at a location to be specified by the director of public works for the use of the citizens of Riverton, which facility is referred to herein as the Village of Riverton refuse facility.
(B) Any individual resident of the Village of Riverton may deposit household refuse in the Village of Riverton refuse facility. For purposes of this chapter, "refuse" refers to general household waste of a nonputrescible nature, and which would be permitted to be deposited in a municipal landfill. "Refuse" does not include the following types of waste:
(1) Food waste;
(2) Yard waste;
(3) Tires;
(4) Paint;
(5) Organic solvents;
(6) Appliances;
(7) Dead animals.
(C) The hours of operation of the Village of Riverton refuse facility shall be eight a.m. to noon on the second Saturday of each month and noon to four p.m. of the second Wednesday of each month. Before depositing refuse, a person shall notify the village office and shall obtain written authorization from the office to deposit refuse.
(D) All refuse deposited in the Village of Riverton refuse facility shall be placed inside the receptacle provided. No refuse shall be deposited on the ground in the vicinity of the receptacle provided.
(E) Only residents of the Village of Riverton may use the Village of Riverton refuse facility. No refuse from any business operation, and no refuse originating outside of the Village of Riverton, shall be deposited at the Village of Riverton refuse facility.
(F) Any person violating this chapter, upon conviction thereof, shall be subject to a fine of not less than two hundred dollars or more than five hundred dollars, and in addition, shall be liable to reimburse the village for any landfill or hauling fees caused by the violation.
(Ord. 97-027, passed 10-6-97; Ord. 97-040, passed 12-1-97; Ord. 2000-008 passed 3-6-00).
130.008 Committing acts which endanger public health.
It shall be unlawful and is declared a nuisance to commit or do any act which endangers the public health or results in annoyance or discomfort to the public.
(Ord. 88-015, passed 11-15-88). Penalty, see Section 130.999.
130.009 Discharging air gun, etc.
(A) No person shall fire or discharge outdoors, within the limits of the village, any air gun, spring-powered gun or similar weapon which, if discharged, is of sufficient force or power to inflict bodily injury.
(B) No person shall display, carry or possess, inside the limits of the village, other than in a gun case, any air gun, spring-powered gun or similar weapon which, if discharged, is of sufficient force or power to inflict bodily injury or break windows or other glass, or street lights.
(Ord. 88-015, passed 11-15-88) Penalty, see Section 130.999.
130.010 Climbing on, etc., tower or water tank.
It shall be unlawful for any person, except a person engaged in the conduct, maintenance or repair of the Riverton Waterworks System, to crawl or climb or go upon or along any part of the elevated steel tower and water tank of the village, or to enter the wells or well houses.
(Ord. 88-015, passed 11-15-88) Penalty, see Section 130.999.
130.011 Keeping of livestock within the village.
(A) It is declared a nuisance and shall be unlawful for any person to keep, within the village limits of the village or upon any premises within the village, any livestock.
(B) For the purpose of this section "livestock" shall mean, but not be limited to: (1) horses, (2) cattle, (3) goats, (4) rabbits (as a commercial breeding animal), (5) swine, (6) poultry, fowl or pigeons and doves, as commercial products when they shall be obnoxious to other residents of the village.
(C) Nothing in this section shall prohibit the keeping of dogs, cats or other domestic pets; provided, however, no commercial keeping, raising nor breeding of pets shall be allowed within the village.
(Ord. 88-015, passed 11-15-88) Penalty, see Section 130.999.
130.012 Rats.
The presence of rats on any property, public or private, within the village is declared to be a nuisance. Owners will be given three days from the date of a written notice of violation of this section to provide for the extermination of rats on premises. If the owner fails to exterminate the rats after the three-day notice, the village is authorized to enter onto the premises and take whatever measures are necessary to exterminate and eliminate rats on the premises, with the cost thereof to be assessed against the owner. The village shall have a lien against the property for costs imposed under this section.
(Ord. 88-015, passed 11-15-88) Penalty, see Section 130.999.
130.013 Legal days for Halloween.
(A) It is unlawful for any person to go about the village in carrying out the annual Halloween custom of "trick or treat" except on October 31st of each year, or on such other date as shall be designated by the village board.
(B) It is unlawful for a parent, legal guardian or other person to knowingly permit a person in his custody or control to violate subsection (A) of this section.
(C) A person convicted of a violation of any provision of this section shall be fined not less than ten dollars nor more than five hundred dollars.
(Ord. 88-015, passed 11-15-88).
130.014 Riding of horses on sidewalks.
It is declared a nuisance and unlawful for any person to ride or allow to be ridden upon the sidewalks of the village, any horse, pony or other such animal.
(Ord. 88-015, passed 11-15-88) Penalty, see Section 130.999.
ARTICLE III. 130.015 Inoperable motor vehicles.
(A) Each inoperable motor vehicle, whether on public or private property, in view of the general public, within the corporate limits of the village is hereby declared to be a nuisance.
(B) The term "inoperable motor vehicle" means any motor vehicle from which, for a period of seven days, the engine or wheels or other parts have been removed, or from which the engine, wheels or other parts have been altered, damaged, or otherwise so treated that the vehicle is incapable of being driven under its own motor power. The term shall not include a motor vehicle which has been rendered temporarily incapable of being driven under its own motor power in order to perform ordinary service or repair operations, any motor vehicle that is kept within a building when not in use, to any operable historic vehicle over twenty-five years of age, or to any motor vehicle on the premises of a place of business engaged in the wrecking or junking of motor vehicles.
(C) Any person having control of an inoperable motor vehicle, either on public or private property, shall dispose of such vehicle within seven days after receipt of a written notice from the village stating that this section has been violated and that such person is to dispose of the inoperable motor vehicle under his control within seven days, or the vehicle will be removed by a village police officer. Such notice shall be effective if personally served, mailed by certified mail, return receipt requested, or if affixed to the inoperable vehicle.
(D) An inoperable motor vehicle on private property shall be presumed to be under the control of both the owner of the land and of any tenant in possession of that land.
(E) Any person who fails to dispose of an inoperable motor vehicle within seven days after receiving the written notice shall be fined in accordance with Section 130.999. The village police department is authorized to remove any inoperable motor vehicle or parts thereof after seven days from the mailing or issuance of the written notice.
(Ord. 88-015, passed 11-15-88). Penalty, see Section 130.999.
130.016 Parking on private property.
No person shall permit the parking of any motor vehicle, operable or inoperable, on private property without permission of the owner.
(Ord. 88-015, passed 11-15-88) Penalty, see Section 130.999.
ARTICLE IV. 130.017 Combustible and hazardous material.
It shall be unlawful to permit or store any combustible refuse in such a way as to create a fire hazard, or to store or throw away any hazardous material which could create a danger to the public health, regardless of whether such storage is with the consent of the owner of the premises.
(Ord. 88-015, passed 11-15-88).
130.018 Fires.
(A) It shall be unlawful and is declared a nuisance to build or light any fire so close to any building or other structures as to endanger such building or structure, or any street or sidewalk pavement.
(B) It shall be unlawful to build or light a fire which creates or causes pollution of the air, noxious fumes, or a nuisance by its fumes, smoke or spreading ash.
(C) It shall be unlawful and is declared a nuisance to burn any hazardous substances or to build or light a fire which emits any toxic or hazardous emissions.
(D) It is unlawful to leave any open fire unattended.
(E) It is unlawful to build or light a fire, or let a fire burn or smolder one hour or more after sundown or when wind conditions are such that the fire presents a danger to the public safety.
(F) Nothing in this section shall preclude the building of nontoxic nor reasonable fires for outdoor recreation; provided, that such fires shall be responsibly attended and shall be fully extinguished by ten p.m.
(Ord. 88-015, passed 11-15-88). Penalty, see Section 130.999.
130.019 Authority at fires to be obeyed.
Every person who shall be present at a fire shall be subject and obedient to the orders of the fire chief and other officers of the fire department in extinguishing the fire, and in removal and protection of property.
(Ord. 88-015, passed 11-15-88). Penalty, see Section 130.999.
130.020 Hindering firemen or injuring fire apparatus.
No person shall wilfully offer hindrance to any officer or fireman in the performance of his duty at a fire; nor shall any person wilfully, in any manner, destroy any engine or other apparatus belonging to the village.
(Ord. 88-015, passed 11-15-88). Penalty, see Section 130.999.
130.021 Fire hoses.
No automobile, truck, railroad car or other vehicle shall be driven over any unprotected hose of the fire department of the village, when laid down on any street or alley by order of the fire chief or other proper officer, without the consent of the fire chief or officer or member in charge of such hose.
(Ord. 88-015, passed 11-15-88). Penalty, see Section 130.999.
ARTICLE IVA. 130.022 Nuisances– Unlawful.
That the noise activities enumerated below are hereby declared nuisances and hence unlawful:
(A) Radio, television sets, phonographs, stereo systems and similar devices use restricted. It shall be unlawful for any person to use, operate or permit to be played any radio receiving sets, musical instruments, television, phonographs, stereo systems, sound amplifiers, loudspeakers, drums or other machines or devices for the production or reproduction of sound in such a manner as to cause to be made or continued any unnecessary noise in such a manner as to disturb the peace, quiet and comfort of any reasonable person with normal sensitivity residing within or bordering a residential area within the village.
(B) Sound Amplifiers and Loud Speakers. It shall be unlawful for any person to use, operate or permit to be operated on private property or on the public way within any residential or commercial district any sound amplifier equipment of loud speakers designed to mechanically amplify the sound of the human voice, musical instruments and other sounds between the hours of ten p.m. Sunday through Thursday and eight a.m. of the next day or twelve p.m. Friday and Saturday through eight a.m. the following day.
(C) Animals. No person shall keep or maintain, or permit the keeping of, upon any premises owned, occupied or controlled by such person, any animal or fowl otherwise permitted to be kept which by any sound, cry or behavior shall cause annoyance or discomfort or otherwise disturb the peace, quiet and comfort of any reasonable person of normal sensitivity within or bordering a residential neighborhood within the village.
(D) Mufflers and Motor Vehicles. It shall be unlawful for any person to operate an automobile, truck, motorcycle, boat, motor vehicle or other power device which is not equipped with an adequate muffler in constant operation and properly maintained to prevent any unnecessary noise which shall cause annoyance or discomfort to a reasonable person of normal sensitivity within or bordering a residential neighborhood within the village.
(E) The provisions of this article shall not apply to any bell, chime or other device for the production, or reproduction of the sound of bells or chimes from any church, clock, or school: nor shall the provisions of this article apply to any persons participating in a school band or in the parade for which a permit has been issued or otherwise authorized by the village: nor shall the provisions of this article apply to organized activities of privates clubs on July 4th or Labor Day celebrations, nor to activities on public property during the annual village street festival known as "Riverfest."
(Ord. 81-007, passed 6-2-81; Ord. 2008-029, passed 9-2-08).
130.023 Prima facie violation.
Any noise plain and audible at either the property line, or twenty-five feet in case of a vehicle on a public
right-of-way, shall be prima facie evidence of a violation of this chapter.
(Ord. 81-007, passed 6-2-81).
130.024 Investigation– Arrest.
The sheriff and/or other duly appointed police officers shall have the authority to investigate possible violations of this chapter either by complaint of a citizen or upon their own independent investigation. Upon investigation and determination that there is a violation of this article, the sheriff and/or duly appointed police officer shall have full authority to insure compliance including the authority to arrest any violator.
(Ord. 81-007, passed 6-2-81).
130.025 Public nuisance declared.
It is hereby declared that it shall be a public nuisance to violate any of the provisions of subsections (A) through (D) of Section 130.022.
(Ord. 81-007, passed 6-2-81).
130.026 Nuisances and abatement.
The village and its representatives are empowered to institute legal proceedings, including injunctive relief, for the abatement or prosecution of persons found to violate this article. Every such nuisance, when a conviction therefor is had may, by order of the court before which the conviction is had, be abated by the sheriff or other proper officer at the expense of the defendant.
(Ord. 81-007, passed 6-2-81).
130.027 Penalty.
Any person, firm or corporation violating any provision of this chapter shall be fined not less than five dollars or more than five hundred dollars for each offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
(Ord. 81-007, passed 6-2-81).
130.028 Fines.
The village shall have the authority to adopt regulations establishing fines and providing for their collection in uncontested cases where the violator provides his or her written consent.
(Ord. 81-007, passed 6-2-81).
ARTICLE IVB. 130.029 Definitions.
"Weeds" means an annual or perennial herbaceous plant of volunteer growth, not cultivated or useful for human food or enjoyment and shall include but not be limited to the following: jimson, burdock, ragweed, thistles of all kinds, cocklebur, barberry (tall, common or other horticultural varieties), poison ivy, yellow dock, Indian mallow, sweet clover, wild mustard (including black mustard and yellow mustard), may weed, lambs' quarters, pig weed, beggar ticks, wild lettuce, shepherds purse, smart weed, sow-thistle, tumbleweed, milk weed, dandelions, etc., any plant that, when in blossom, gives off an unpleasant or obnoxious odor or pollen irritating to human tissue and any plant growth that may conceal rubbish, debris or filthy deposits, or constitute a fire hazard when dry, and grass that is more than eight inches in height, rand growth or volunteer growth of bushes or brush that may conceal rubbish, debris, or filthy deposits, or constitute a fire hazard when dry, or any plant that causes or adds its influence in bringing on hay fever, or other similar or noxious plant, and all plants fitting within the term weeds as used in the Illinois Municipal Code.
"Rubbish" means any unsightly material, waste products, refuse, debris, trash or waste lumber deposited, left, piled or scattered that may become a breeding place for insects, rodents or vermin or that may give off unpleasant odors or create a health or fire hazard where located.
(Ord. 93-022, passed 7-5-93).
130.030 Height of plants restricted.
No person shall permit any weeds, grass or plants, other than trees, bushes, flowers or other ornamental plants, to grow to a height exceeding eight inches anywhere in the village; and such plants or weeks exceeding such height are hereby declared to be a nuisance.
(Ord. 93-022, passed 7-5-93).
130.031 Removal required by owner.
(A) In all cases where the owner and the person who so controls such real estate on which there are such growths of weeds, or rubbish, shall fail to cut or remove same or cause same to be cut or removed after ten days' notice in writing mailed to the owner at his last known address ascertainable by the village, notifying same to cut such weeds or remove such rubbish, then the superintendent of the street department may cause the same to be cut or the rubbish removed and the entire expense thereof shall be chargeable to both the person who owns and the one who controls such real estate, to be collected by suit or otherwise, in addition to the penalty prescribed in this chapter. The ten days above referred to shall begin from date of such mailing. If the village itself performs the removal work, it will charge one hundred dollars per hour for the work for use of village equipment and village crews.
(B) Any person, liable hereunder for payment of the foregoing expense to the village, shall pay the full amount of the charge within ten days after date of mailing statement to owner at his last known address, or the charge shall be delinquent. Failure to pay the charge within the time specified shall thereafter subject the violator to a penalty of ten percent of the unpaid amount of the delinquent charge or ten dollars, whichever is greater, which shall be collected as part of the delinquent charge.
(C) Weeds when cut down must be removed from the lot or disposed of in such manner as not to create a nuisance or hazard.
(Ord. 93-022, passed 7-5-93; Ord. No. 2009-029, § 1, 10-19-09).
130.032 Removal by village.
(A) Removal by Superintendent of the Street Department. It shall be the duty of the superintendent of the street department when he or she shall obtain information from any source of the existence of weeds or rubbish on private property contrary to Sections 130.030 and 130.031, to take proper steps at once to enforce this chapter.
(B) It shall likewise be the duty of the superintendent of the street department whenever he shall learn of the existence of weeds on the public streets, alleys or rights of way of the village to cause same at once to be removed as aforesaid.
(C) Lien. In the event that the weed or rubbish removal expense remains unpaid for more than ten days after the service is performed and expense incurred by the village, the unpaid charge shall constitute a lien upon the real estate, and the village clerk is hereby authorized, in accordance with law, to file notice of lien in the office of the recorder of deeds in Sangamon County.
(D) Suit.
(1) In addition to any other action authorized by Sections 130.998 and 130.999 of this chapter or by the Illinois Municipal Code, the village may bring suit to foreclose this lien, and to sue the owner, or lessee or occupant of the real estate, of their agent, in a civil action to recover the money due for services rendered, plus all expenses and reasonable attorneys fees to be fixed by the court. Any such judgment shall be enforced in accordance with law. In addition to the charges due, the village is entitled to collect the costs of filing notice of lien, foreclosing the lien and litigation costs, together with all office and legal expense incurred in connection with the collection of the amount due.
(2) Upon payment of all costs, expenses, charges and penalties, the lien created under this section supra shall be released by the village, which release shall be filed of record in the same manner as filing notice of the lien, pursuant to law, the expense of said filing to be paid by the violator.
(Ord. 93-022, passed 7-5-93).
ARTICLE V. 130.998 Nuisance, abatement.
It shall be unlawful and is declared a nuisance for any person, firm or corporation to permit or maintain the existence of any nuisance on any property under his, her or its control. The village police officer is authorized to enter upon any property to abate such nuisance existing in the village, whether such nuisance is specifically recognized by ordinance or not. The village is further authorized to bring suit before the circuit court for abatement for any nuisance existing in the village and for damages caused by such a nuisance.
(Ord. 88-015, passed 11-15-88). Penalty, see Section 130.999.
130.999 Penalty.
Whoever violates any provision of this chapter shall, upon conviction, be fined not less than two hundred fifty dollars nor more than five hundred dollars for each offense. Each day's violation shall constitute a separate offense.
(Ord. 88-015, passed 11-15-88; Ord. 95-025, passed 10-16-95).
Chapter 131 Sections:
ARTICLE I.
131.101 Closing of parks.
131.102 Games and sports.
131.103 Vehicles restricted to drives.
131.104 Toy vehicles.
131.105 Bicycles in the parks.
131.106 Bicycles endangering persons or property.
131.107 Speed of bicycles.
131.108 Riding on the right.
131.109 Riding on bicycles.
131.110 Lights required at night.
131.111 Riding animals.
131.112 Speed of vehicles.
131.113 Motor vehicle noises.
131.114 Speed restrictions in and about parking lots.
131.115 Clinging to vehicles.
131.116 Drivers exercise due care.
131.117 Blind or hearing impaired persons.
131.118 Officer authorized to remove vehicles.
131.119 Parking.
131.120 Unattended motor vehicles.
131.121 All-terrain vehicles prohibited in public parks.
131.122 Refundable deposit assessed for use of center park restroom facilities for private events.
ARTICLE II.
131.201 Rules and signs.
131.202 Firearms and fireworks.
131.203 Throwing stones.
131.204 Hindering employees.
131.205 Offering articles for sale.
131.206 Public meetings.
131.207 Improper speech and conduct.
131.208 Begging.
131.209 Use of playground equipment by adults.
131.210 Fires.
131.211 Park ponds.
ARTICLE III.
131.301 Drunkenness– Intoxicating liquors.
131.302 Drugs.
131.303 Dumping articles.
131.304 Advertisements.
131.305 Gambling.
131.306 Protection of birds and animals.
131.307 Bringing plants, shrubs or trees prohibited.
131.308 Damage to park property.
131.309 Glass containers prohibited.
ARTICLE IV. 131.401 Penalty.
131.101 Closing of parks.
The parks will be closed to the public from ten p.m., local time, each evening until four a.m. the following morning, except as to:
(A) Parties at any of the park pavilions, under the supervision and control of the duly licensed concessionaire of the pavilion;
(B) Use of any of the facilities of the parks for approved purposes for such later time for which written permission has been obtained by the parties using said facilities from the park committee or the board of trustees of the village;
(C) Use of any of the park roadways in a manner otherwise lawful.
All person, except employees of the village whose duties require their presence, or persons coming within the exception abovementioned, shall leave the park promptly at ten p.m., and shall not enter or reenter the park between such hour and four a.m. of the following day.
In case of emergency, or where in the judgment of the board of trustees or the park committee, the public interest demands it, portions of the park may be closed to the public, and all persons therein be excluded therefrom until permission is granted to return.
(Ord. 90-002, passed 5-15-90).
131.102 Games and sports.
No person shall engage in any game, sport, amusement or exercise in or on the park or other property of the village except in or on such portion as may be designated for that purpose by the board of trustees of the village or the park committee, and then only such rules as may be designated by the board of trustees or the park committee. Nor shall any person walk, loiter, be, remain or conduct himself upon any portion of the park or other property of the village, designated for any particular sport, game, amusement or exercise, in such manner as to interfere with the use of such portion of the park or property of the village by persons who are using the same for the particular sport, game, amusement or exercise for which it has been so designated.
(Ord. 90-002, passed 5-15-90).
131.103 Vehicles restricted to drives.
No person shall drive or ride any automobile, or other vehicle anywhere in the park except in the drives, or allow them to stand except in parking places especially provided for such purposes.
(Ord. 90-002, passed 5-15-90).
131.104 Toy vehicles.
It shall be unlawful for any person upon skates, a coaster, sled, skateboard or other toy vehicle, to go upon any roadway except for the purpose of crossing a roadway.
(Ord. 90-002, passed 5-15-90).
131.105 Bicycles in the parks.
Every person riding a bicycle within the confines of the park district shall be granted all the rights and shall be subject to all the duties applicable to the driver of a vehicle under these ordinances.
(Ord. 90-002, passed 5-15-90).
131.106 Bicycles endangering persons or property.
No bicycle shall be ridden at any time, or any place, or in any manner so as to be dangerous to any person or property.
(Ord. 90-002, passed 5-15-90).
131.107 Speed of bicycles.
No person shall operate a bicycle at greater speed then is reasonably prudent under the conditions then existing. At no time may the operator of a bicycle exceed the posted speed limits within the parks.
(Ord. 90-002, passed 5-15-90).
131.108 Riding on the right.
Every person operating a bicycle upon a roadway shall ride as near the right-hand side of the roadway as is practical, exercising due care when passing a standing vehicle or one proceeding in the same direction.
(Ord. 90-002, passed 5-15-90).
131.109 Riding on bicycles.
(A) A person operating a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto.
(B) No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped, except that an adult rider may carry a child securely attached to his person in a back pack or sling or in a special seat securely attached to the bicycle.
(Ord. 90-002, passed 5-15-90).
131.110 Lights required at night.
No bicycle shall be ridden upon any drive or roadway within the park between the hours of sunset to sunrise without displaying at least one lighted lamp exhibiting a white light or a light of a yellow or amber tint, visible from a distance of five hundred feet to the front of the bicycle and with at least one lighted lamp exhibiting a red light visible from a distance of five hundred feet to the rear.
(Ord. 90-002, passed 5-15-90).
131.111 Riding animals.
No person, except law enforcement personnel, shall ride any horse, pony or other riding animal except in the drives or the bridle paths established by the park district.
(Ord. 90-002, passed 5-15-90).
131.112 Speed of vehicles.
No person shall engage in any race along any of the roadway of the park district nor shall any person ride or drive faster than at a speed of twenty miles per hour.
(Ord. 90-002, passed 5-15-90).
131.113 Motor vehicle noises.
No person shall disturb the peace and quiet of any neighborhood or of the public by unnecessarily producing loud or unusual noises by means of a motor vehicle, whether such noises be produced by the friction of tires or wheels against pavement or other surface, by the unnecessary racing of engines on motor vehicles, by the unnecessary honking of a horn or horns on motor vehicles, by the lack of a muffler or a defective muffler or by the playing of the car radio or sound system, or otherwise.
(Ord. 90-002, passed 5-15-90).
131.114 Speed restrictions in and about parking lots.
No vehicle shall be operated at a speed in excess of ten miles per hour in a parking lot serving a village park.
(Ord. 90-002, passed 5-15-90).
131.115 Clinging to vehicles.
It shall be unlawful for any person on any roadway within the park district riding a bicycle, motorcycle, motor scooter, motor driven cycles or any toy vehicles to cling to, attach himself or his vehicle to any moving motor vehicle or wagon.
(Ord. 90-002, passed 5-15-90).
131.116 Drivers exercise due care.
Notwithstanding other provisions of this chapter, every driver of a vehicle shall exercise due care.
(Ord. 90-002, passed 5-15-90).
131.117 Blind or hearing impaired persons.
The driver of a vehicle shall yield the right-of-way to any blind or hearing impaired pedestrian carrying a visibly white cane or accompanied by a guide dog.
(Ord. 90-002, passed 5-15-90).
131.118 Officer authorized to remove vehicles.
(A) Whenever any police officer finds a vehicle in violation of any provision of this chapter, that officer is hereby authorized to move such vehicle, or require the driver or other person in charge of the vehicle to move the same, to a position in compliance with the terms of this chapter.
(B) Any police officer is hereby authorized to remove or cause to be removed to the nearest garage or other place of safety any vehicle found in the park when a report has been
made that such vehicle has been stolen or taken without the consent of the owner, or the person or persons in charge of such vehicle are unable to provide for its custody or removal.
(Ord. 90-002, passed 5-15-90).
131.119 Parking.
Cars may be parked within the parking lots or parking areas provided or designated and along the roadway within the park, except in the following cases:
(A) When the sign prohibits stopping or indicates that the parking is restricted;
(B) When a curb bordering the roadway is painted yellow;
(C) Within an intersection or within twenty feet of an intersection;
(D) Along side or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic; and
(E) In front of a public or private driveway.
Any person guilty of violating this section shall be fined not less than ten dollars nor more than one hundred dollars per incident.
(Ord. 90-002, passed 5-15-90).
131.120 Unattended motor vehicles.
No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key from the ignition, effectively setting the brake thereon and when standing upon any perceptible grade, turning the front wheels to the curb or side of the highway.
(Ord. 90-002, passed 5-15-90).
131.121 All-terrain vehicles prohibited in public parks.
All-terrain vehicles (other than licensed four-wheel drive automobiles), including but not limited to dirt bikes, three-wheelers and four-wheelers, are prohibited in any public park in the village of Riverton. No person shall possess, drive, transport, park, load or unload such a vehicle, within any public park in the village of Riverton.
(Ord. 97-004, passed 2-17-97).
131.122 Refundable deposit assessed for use of center park restroom facilities for private events.
Persons reserving the Center Park restroom facilities for private events shall be responsible for cleanliness of the restrooms and for any damages to the facilities occurring during the private events. A refundable cleaning and damage deposit of seventy-five dollars shall be assessed for use of Center Park restroom facilities for reserved events. The party reserving Center Park facilities and requiring use of Center Park restroom facilities shall pay the deposit fee at the village office. Keys to the restroom facilities shall be picked up the day of the event or as directed by the village office. The restroom facilities shall be locked upon conclusion of the event. Keys shall be turned in to village office on the first business day following the event. The superintendent of public works will cause the restrooms to be inspected for cleanliness and damage. If the restrooms are clean and there is no damage to the restroom facilities, the deposit shall be refunded. Should there be damage to the facilities, or should the facilities require cleaning, the deposit shall be applied to the cost thereof and any difference shall be refunded to the reservation party. If the damage to the facilities or the cost of cleaning exceed the deposit, the reserving party shall be liable to the village for the difference.
(Ord. No. 2009-028, § 1, passed 10-19-09).
131.201 Rules and signs.
No person shall violate or disobey any rule or regulation governing the park, roadways or property of the park, adopted by the board of trustees, or laid down by the officers in charge thereof and posted in some conspicuous place in or upon such park, roadway or other property, or of which such persons shall have actual notice; and no person shall violate or disobey directions contained in any notice or sign relating to the use or government of the park, publicly posted or displayed by the authority of the board of trustees.
(Ord. 90-002, passed 5-15-90).
131.202 Firearms and fireworks.
No person except authorized village personnel shall carry or discharge firearms, or discharge or set off any rocket, cracker, torpedo, squib or other fireworks or things containing any substance of an explosive nature in the park.
(Ord. 90-002, passed 5-15-90).
131.203 Throwing stones.
No person shall throw or cast any stones or other missiles within the park.
(Ord. 90-002, passed 5-15-90).
131.204 Hindering employees.
No person shall interfere with, or in any manner hinder any employee of the village while engaged in constructing, repairing or caring for any park property.
(Ord. 90-002, passed 5-15-90).
131.205 Offering articles for sale.
No person shall offer or exchange for sale any article or thing, or do any hawking, peddling or soliciting or buy or offer to buy any article or thing, or take up any collection or solicit or receive contributions of money or anything of value in the park system, except when authorized to do so by permit from or contract with the board of trustees.
(Ord. 90-002, passed 5-15-90).
131.206 Public meetings.
No person shall call or hold any public meeting or give any concert or public entertainment of any kind in the park without the express consent of the board of trustees or the park committee.
(Ord. 90-002, passed 5-15-90).
131.207 Improper speech and conduct.
No person shall use any abusive, threatening, insulting, indecent, profane or obscene language, or language calculated to occasion a breach of the peace, nor be guilty of any indecent act or behavior in the park.
(Ord. 90-002, passed 5-15-90).
131.208 Begging.
No person shall beg or solicit alms in the park.
(Ord. 90-002, passed 5-15-90).
131.209 Use of playground equipment by adults.
No adult person shall in any manner use any of the playground apparatus or devices meant exclusively for the use of the children.
(Ord. 90-002, passed 5-15-90).
131.210 Fires.
No person shall light or make use of any fire in the park, except as authorized by the village board of trustees or the park committee.
(Ord. 90-002, passed 5-15-90).
131.211 Park ponds.
No person shall bathe or swim in the park lake or pond.
(Ord. 90-002, passed 5-15-90).
131.301 Drunkenness– Intoxicating liquors.
No intoxicated person shall enter, be or remain in the park, nor shall any person bring within, sell, give away or drink any intoxicating liquors in the park except as approved and licensed by the president of the village board of trustees pursuant to the ordinances of the village.
(Ord. 90-002, passed 5-15-90).
131.302 Drugs.
No person under the influence of drugs shall enter, be or remain in the park, nor shall any person bring with, sell, give away or use any drugs in the park.
(Ord. 90-002, passed 5-15-90).
131.303 Dumping articles.
No person shall deposit, dump, throw or place any rubbish in or upon any part of the park system. Paper, garbage or refuse matter shall not be so deposited except in receptacles provided for that purpose. Use of receptacles for refuse collected outside the park area is prohibited.
(Ord. 90-002, passed 5-15-90).
131.304 Advertisements.
No person shall display any placard or advertisement of any kind in the park system, nor shall any person distribute, cast, throw or place any handbill, pamphlet, circular, advertisement or notice of any kind, nor post, stencil or otherwise affix any notice, or bills, advertisement or other papers, upon any structure or thing in or about the park premises.
(Ord. 90-002, passed 5-15-90).
131.305 Gambling.
No person shall play games of chance or use any gambling device in the park, except in conjunction with state law and as authorized by the board of trustees of the village of Riverton.
(Ord. 90-002, passed 5-15-90).
131.306 Protection of birds and animals.
No person shall trap, catch, wound or kill, or treat cruelly or attempt to trap, catch, wound or kill any bird or animal, or molest or rob any nest of any bird or animal in the park system. Catching of fish with hook and line in authorized fishing areas is not prohibited under this section.
(Ord. 90-002, passed 5-15-90).
131.307 Bringing plants, shrubs or trees prohibited.
No person shall bring into or upon the park system any tree, shrub or plant or any newly plucked branch or portion of a tree, shrub or plant unless authorized by written permission from the board of trustees of the park committee.
(Ord. 90-002, passed 5-15-90).
131.308 Damage to park property.
No person shall cut, break, climb on, or in any way injure or deface any tree, shrub, plant, turf or any of the buildings, fences, bridges, signs, lamps or posts or other structure or property within the park.
(Ord. 90-002, passed 5-15-90).
131.309 Glass containers prohibited.
No person shall bring any glass bottle, glass jar or other glass container into any public park in the Village of Riverton, nor possess, use or dispose of any glass bottle, glass jar or other glass container in any public park in the Village of Riverton.
(Ord. 2007-019, passed 6-4-07).
131.401 Penalty.
Any person violating any clause or provision of any section of this chapter shall be fined not less than fifty dollars, nor more than five hundred dollars for each offense upon conviction thereof.
(Ord. 90-002, passed 5-15-90).
Chapter 131A Sections:
131A.001 Camping permitted.
131A.002 Camping sites to be designated.
131A.003 Permit applications.
131A.004 Issuance or denial of permit.
131A.005 Fees.
131A.006 Rules and regulations.
131A.007 Revocation of permit.
131A.008 Limitation of liability.
131A.009 Penalties.
131A.001 Camping permitted.
Camping in the village park known as Wheeland Park shall be permitted, subject to the rules and regulations contained in this chapter.
(Ord. 99-011, passed 4-28-99).
131A.002 Camping sites to be designated.
The superintendent of public works shall designate an area within Wheeland Park for camping, and shall mark and number not less than two nor more than ten camp sites in the park for use by the public.
(Ord. 99-011, passed 4-28-99).
131A.003 Permit applications.
Any person desiring to camp in Wheeland Park shall apply for a permit on a form which will be devised by the chief of police, and which will contain, as a minimum, the following information:
(A) The name, address, phone number and driver's license number of the permittee, and the number of persons to be camping with the permittee;
(B) The period of time for which the permit is sought; and
(C) The make, model and license number of any vehicles, including trailers, and the license number of any boat, which the permittee will have at the campsite;
(D) A statement that the permittee has read the rules and regulations pertaining to camping at Wheeland Park, and a commitment to abide by those rules and regulations; and
(E) A statement releasing the village from all liability for injury to persons or property arising in whole or in part from conditions in Wheeland Park or from persons entering Wheeland Park.
(Ord. 99-011, passed 4-28-99).
131A.004 Issuance or denial of permit.
Upon receipt and review of the permit application and payment of the permit fee, the chief of police shall issue the camping permit. The permit shall be valid only for the number of days specified thereon, and only for the numbered campsite specified thereon.
Except when reserved in advance by a scouting or other youth group, all permits shall be issued on a first come, first served basis.
The chief of police may deny a permit to any person who has violated the rules and regulations of Wheeland Park in the past. In case of such denial, the applicant may appeal to the village president, who will hold an informal hearing as promptly as possible and sustain or deny the decision of the chief of police.
When the chief of police is not available, the police officer on duty shall act in his stead.
A permit shall be valid for up to seven days. No more than four consecutive permits shall be granted.
(Ord. 99-11, passed 4-28-99).
131A.005 Fees.
The fee for camping in Wheeland Park shall be payable in advance and when paid, shall be nonrefundable, and shall be five dollars per day for campsites which are not equipped with electric service, and ten dollars per day for campsites which are equipped with electric service.
(Ord. 99-011, passed 4-28-99; Ord. 99-025, passed 7-6-99; Ord. 01-019, passed 10/1/01)
131A.006 Rules and regulations.
The following rules and regulations shall govern camping in Wheeland Park:
(1) Preference for issuing camping permits will be given to local Boy Scouts, Girl Scouts and other youth organizations. Responsible supervision shall be provided by the applicant for the camping permit.
(2) The preservation of the natural setting of the area and the wildlife habitat must be maintained. The campsite must be left in a state of cleanliness upon leaving the area. Sanitation must be adequately provided for.
(3) Destruction of wildlife, tree cutting and removal of vegetation, is prohibited.
(4) Campsites are available only by assignment, and are subject to the following limitations:
(A) Only one wheeled camping vehicle (trailer, camper or other recreational vehicle) may occupy a campsite at a time; in addition to the wheeled camping vehicle, there may be no more than one tent occupying the campsite.
(B) If there are no wheeled camping vehicles occupying a campsite, no more than two tents may occupy the campsite at a time.
(C) No more than four adults may occupy a campsite at a time.
(D) Converted school buses, and homemade camper vehicles or mobile homes are prohibited in any campsite.
(E) No wheeled camping vehicle shall exceed the following lengths:
(1) In campsites nos. 1 and 2– forty feet;
(2) In all other campsites– thirty-four feet.
(5) No fixtures shall be erected on any campsite. "Fixture" includes but is not limited to patios, decks, fences, awnings, oil drum stands, clotheslines, television antennas, and the like.
(6) All trash and refuse shall be placed in plastic bags, and then in trash receptacles provided by the village.
(7) No waste water may be dumped into or onto the ground or Sangamon River.
(8) Sewage generated within the trailers must be held in the trailer and may not be dumped within the park or in the Sangamon River.
(9) No sanitation waste hose or pipe shall extend from the trailer into the ground at any time.
(10) No gravel pit and dry well connections are allowed.
(11) Cleanliness and sanitation shall be the sole responsibility of the camper and any violation of these rules shall authorize the chief of police to revoke the camping permit and privileges without refund.
(12) Visitors to the campground shall abide by the village animal control ordinance.
(13) All visitors to the campground must leave their cars in designated parking areas. Visitors shall leave camping areas by ten p.m.
(14) The camping season is from March 1st to November 30th, weather permitting, unless changed by the village board. No camping will be allowed except during the camping season.
(15) Electrical and water hookups are not available at campsites.
(16) Fires shall be confined to fireplaces, grills and other facilities designed for and designated by the village. Fires shall be attended at all times by a responsible person over thirteen years of age.
(17) No person may rent more than two campsites per day except for a youth organization such as the Boy Scouts or Girl Scouts sponsoring a group campout.
(Ord. 99-011, passed 4-28-99; Ord. 99-025, passed 7-6-99; Ord. 2000-026, passed 7-3-00; Ord. 2004-027, passed 10-4-04).
131A.007 Revocation of permit.
Any camping permit may be revoked by the chief of police for violation of any rule or regulation contained in Section 131A.006 of this chapter, or for violation of any state law or village ordinance. Whenever a permit is revoked, the permittee, and the persons listed on the permit application as accompanying the permittee, shall have one hour to vacate the campsite.
(Ord. 99-011, passed 4-28-99).
131A.008 Limitation of liability.
All persons camping in or visiting campers in Wheeland Park do so subject to the condition that the village shall not be liable for any injury whatsoever to the person or property of any camper or any person visiting any camper, from any cause whatsoever. The village assumes no responsibility for the campers and visitors of persons in Wheeland Park or for their possessions.
(Ord. 99-011, passed 4-28-99).
131A.009 Penalties.
Any person violating any provision of this chapter, or the rules and regulations contained herein, shall be liable, on conviction thereof, for a fine of not less than two hundred fifty dollars nor more than seven hundred fifty dollars for each offense. Each day a violation continues shall be considered a separate offense.
(Ord. 99-011, passed 4-28-99).
Chapter 132 Sections:
132.001 Definition.
132.002 Possession of drug paraphernalia.
132.003 Manufacture or delivery of drug paraphernalia.
132.004 Advertisement of drug paraphernalia.
132.005 Penalties.
132.006 Nuisance declared.
132.007 Severability.
132.001 Definition.
(A) As used in this chapter, the term "drug paraphernalia" means all equipment, products and materials of any kind which are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of 720 Illinois Compiled Statutes 55011 et seq., and 570/100, including but not limited to:
(1) Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;
(2) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances;
(3) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance;
(4) Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances;
(5) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;
(6) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled substances;
(7) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining marihuana;
(8) Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances;
(9) Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances;
(10) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances;
(11) Hypodermic syringes, needles and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body;
(12) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marihuana, cocaine, hashish, or hashish oil into the human body, such as:
(a) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
(b) Carburetion tubes and devices;
(c) Water pipes;
(d) Smoking and carburetion masks;
(e) Roach clips; meaning objects used to hold burning material, such as a marihuana cigarette that has become too small or too short to be held in the hand;
(f) Miniature cocaine spoons, and cocaine vials;
(g) Chamber pipes;
(h) Carburetor pipes;
(i) Electric pipes;
(j) Air-driven pipes;
(k) Chillums;
(l) Bongs;
(m) Ice pipes or chillers.
(B) In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following:
(1) Statements by an owner or by anyone in control of the object concerning its use;
(2) Prior convictions, if any, of any owner, or of anyone in control of the object, under any State or Federal law relating to any controlled substance;
(3) The proximity of the object, in time and space, to a direct violation of 720 Illinois Compiled Statutes 5501 et seq., and 570/100;
(4) The proximity of the object to controlled substances;
(5) The existence of any residue of controlled substances on the object;
(6) Direct or circumstantial evidence of the intent of the owner, or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of 720 Illinois Compiled Statutes 5501 et seq., and 570/100; the innocence of an owner, or of anyone in control of the object, as to a direct violation of 720 Illinois Compiled Statutes 5501 et seq., and 570/100, shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia.
(7) Instructions, oral or written, provided with the object concerning its use;
(8) Descriptive materials accompanying the object which explain or depict its use;
(9) National and local advertising concerning its use;
(10) The manner in which the object is displayed for sale;
(11) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
(12) Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise;
(13) The existence and scope of legitimate uses for the object in the community;
(14) Expert testimony concerning its use.
(Ord. 02-012, passed 4/15/01).
132.002 Possession of drug paraphernalia.
It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of 560 Illinois Compiled Statutes 5501 et seq., and 570/100.
(Ord. 02-012, passed 4/15/01).
132.003 Manufacture or delivery of drug paraphernalia.
It is unlawful for any person to deliver, or possess with intent to deliver, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of 560 Illinois Compiled Statutes 550/1 et seq., and 570/100.
(Ord. 02-012, passed 4/15/01).
132.004 Advertisement of drug paraphernalia.
It shall be unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.
(Ord. 02-012, passed 4/15/01).
132.005 Penalties.
Any person convicted of a violation of this chapter shall, upon conviction, be liable to a fine of not less than two hundred fifty dollars and not more than seven hundred fifty dollars for the first offense, and a fine of seven hundred fifty dollars for each subsequent offense.
(Ord. 02-012, passed 4/15/01).
132.006 Nuisance declared.
Any store, place, or premises from which or in which any item of drug paraphernalia is kept for sale, offered for sale, sold, or delivered at retail is declared to be a public nuisance. In addition to or in lieu of an action for a penalty pursuant to this chapter, the corporate authorities may bring an action to enjoin the continuation of such a nuisance.
(Ord. 02-012, passed 4/15/01).
132.007 Severability.
The provisions of this chapter are severable; should a court find that a portion of this chapter is invalid or unenforceable, it shall sever such portion and enforce the remainder of this chapter.
(Ord. 02-012, passed 4/15/01).
NUISANCES ON THE PREMISES
GENERAL NUISANCE
AUTOMOBILES
FIRES
NOISE
PLANTS AND WEEDS
ENFORCEMENT AND PENALTIES
PARK REGULATIONS
ARTICLE I.
ARTICLE II.
ARTICLE III.
ARTICLE IV.
CAMPING IN WHEELAND PARK
DRUG PARAPHERNALIA