Chapter 58
OFFENSES AND MISCELLANEOUS PROVISIONS*
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Cross references: Civil emergencies, ch. 30; health and sanitation, ch. 42; human relations, ch. 46.
State law references: Power of city to pass and enforce all necessary police ordinances, 65 ILCS 5/11-1-1; municipal public order regulations, 65 ILCS 5/11-5-1 et seq.; Criminal Code of 1961, 720 ILCS 5/1-1 et seq.
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Article I. In General
Sec. 58-1. Penalty for violation of chapter.
Sec. 58-2. Assault.
Sec. 58-3. Battery.
Sec. 58-4. Disorderly conduct.
Sec. 58-5. Disturbing the peace.
Sec. 58-6. Collecting in crowds.
Sec. 58-7. Disturbing congregation or assembly.
Sec. 58-8. Weapons– Carrying.
Sec. 58-9. Same– Exhibiting or handling.
Sec. 58-10. Discharge of firearms or fireworks.
Sec. 58-11. Drunkenness and disorderliness.
Sec. 58-12. Possession or consumption of alcoholic beverages in public places.
Sec. 58-13. Public indecency.
Sec. 58-14. Obscenity.
Sec. 58-15. Reserved.
Sec. 58-16. Obstructions to fire hydrants or electric poles.
Sec. 58-17. Climbing on fire truck.
Sec. 58-18. Failing to mark poison.
Sec. 58-19. Breaking or defacing buildings, fences or other structures.
Sec. 58-20. Climbing on water tower or utility pole.
Sec. 58-21. Resisting or delaying officers.
Sec. 58-22. Assisting prisoner to escape.
Sec. 58-23. Refusing to aid officer.
Sec. 58-24. Restricted use of city parks.
Sec. 58-25. Curfew.
Sec. 58-26. Solicitation of city employees.
Sec. 58-27. Loitering.
Sec. 58-28. Adult entertainment facility, location.
Secs. 58-29– 58-45. Reserved.
Article II. Gambling
Sec. 58-46. Keeping a gambling place.
Sec. 58-47. Committing gambling.
Sec. 58-48. Seizure of gambling devices and gambling funds.
Secs. 58-49– 58-70. Reserved.
Article III. Prostitution
Sec. 58-71. Acts of prostitution.
Sec. 58-72. Keeping a place of prostitution.
Sec. 58-73. Occupying places of prostitution.
Sec. 58-74. Patronizing a prostitute.
Secs. 58-75– 58-80. Reserved.
Article IV. Sales To and Possession of Tobacco Products by Minors
Sec. 58-81. Findings.
Sec. 58-82. Definitions.
Sec. 58-83. Sale of tobacco products.
Sec. 58-84. Prohibited sales and delivery signs.
Sec. 58-85. Employment.
Sec. 58-86. Possession with intent to give or sell to minor.
Sec. 58-87. Purchase by minors prohibited.
Sec. 58-88. Possession by minors prohibited.
Sec. 58-89. Proximity to certain institutions.
Sec. 58-90. Certain free distributions prohibited.
Sec. 58-91. Vending machines.
Sec. 58-92. Seizure.
Sec. 58-93. Responsibility for agents and employees.
Sec. 58-94. Reserved.
ARTICLE I. Sec. 58-1. Penalty for violation of chapter.
(a) Any person convicted for violation of any provision of this chapter for which a specific penalty is not provided shall be fined according to the provisions of section 1-5 of this Code.
(b) Any person convicted of a violation of any provision of this chapter shall be guilty of a class C misdemeanor, for which a sentence of imprisonment shall be for a determinant term for not more than 30 days.
(Code 1976, § 9-43; Ord. No. 97-24, § 2, 10-27-97)
Sec. 58-2. Assault.
A person commits an assault when, without lawful authority, he engages in conduct which places another in reasonable apprehension of receiving a battery. Assault is unlawful.
(Code 1976, § 9-2)
State law references: Similar provisions, 720 ILCS 5/12-1.
Sec. 58-3. Battery.
A person commits battery if 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. Battery is unlawful.
(Code 1976, § 9-2)
State law references: Similar provisions, 720 ILCS 5/12-3.
Sec. 58-4. Disorderly conduct.
(a) A person commits disorderly conduct when he knowingly:
(1) Does any act in such an unreasonable manner as to alarm or disturb another and to provoke a breach of the peace;
(2) Transmits in any manner to any peace officer, public officer or public employee a report to the effect that an offense has been committed, knowing at the time of such transmission that there is no reasonable grounds for believing that such an offense has been committed;
(3) Enters upon the property of another and for a lewd or unlawful purpose deliberately looks into a dwelling on the property through any window or other opening in it;
(4) Transmits a false report to the state department of children and family services under 325 ILCS 5/4;
(5) Transmits a false report to the state department of public health under the Nursing Home Care Act (210 ILCS 45/1-101 et seq.);
(6) Transmits in any manner to the police department or fire department of the city or fire protection district, or any privately owned and operated ambulance service, a false request for an ambulance, emergency medical technician-ambulance or emergency medical technician-paramedic knowing at the time there is no reasonable grounds for believing that such assistance is required; or
(7) Transmits a false report under the Elder Abuse Demonstration Project Act (320 ILCS 15/0.01 et seq.).
(b) Disorderly conduct is unlawful.
(c) A person who, in the presence of a court, commits or threatens to commit an offense against the person or property of another, may be ordered, without process, to enter into a recognizance to keep the peace for a period not exceeding 12 months, and in case of refusal may be committed as in other cases.
(Code 1976, § 9-3)
State law references: Disorderly conduct, 720 ILCS 5/26-1; breach of peace in presence of court, 725 ILCS 135/16.
Sec. 58-5. Disturbing the peace.
(a) It shall be unlawful for any person to disturb, tend to disturb, or aid in disturbing the peace of others by violent, tumultuous or offensive conduct or by making, continuing or causing to be made or continued any excessive or unusually loud noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the limits of the city. It shall also be unlawful for any person to knowingly permit such conduct upon any premises owned or possessed by that person or under his control.
(b) It shall be unlawful to use, operate or permit to be played, used or operated any radio, receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a distance of 50 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this subsection.
(Code 1976, § 9-4; Ord. No. 91-38, § 1(9-4), 11-25-91)
Sec. 58-6. Collecting in crowds.
It shall be unlawful for any person to collect in crowds within the city, for unlawful purposes, to the annoyance and disturbance of citizens or travelers, and to refuse to disperse after being requested so to do by a city officer.
(Code 1976, § 9-5)
Sec. 58-7. Disturbing congregation or assembly.
It shall be unlawful for any person to disturb the peace or quiet of any congregation or assembly met for religious worship or for any other lawful purpose within the limits of the city by making any noise, or by rude or indecent behavior, or by profane, obscene or improper discourse or conduct within the sight or hearing of such congregation or assembly.
(Code 1976, § 9-6)
Sec. 58-8. Weapons– Carrying.
It shall be unlawful for any person, within the limits of the city, to carry or wear under his clothes or concealed about his person in any manner, any slingshot or metallic knuckles, pistol, revolver, derringer, bowie knife, stiletto or other dangerous knife, dirk, dagger, billy, razor, broken bottle or other piece of glass, stun gun, taser or other dangerous or deadly weapon or instrument of like character.
(Code 1976, § 9-7)
State law references: Unlawful use of weapons, 720 ILCS 5/24-1.
Sec. 58-9. Same– Exhibiting or handling.
It shall be unlawful within the limits of the city to openly and offensively exhibit or handle any dangerous or offensive weapon mentioned in section 58-8.
(Code 1976, § 9-8)
Sec. 58-10. Discharge of firearms or fireworks.
(a) It shall be unlawful for any person to fire or discharge any cannon, gun, pistol or other firearm of any description, or to fire, explode or set off any squib, firecracker, torpedo or other thing containing powder or other explosive material, within the corporate limits of the city without the permission of the mayor or council. Such permission shall, when given, definitely limit the time of such firing, and may at any time be revoked.
(b) This section shall not apply to law enforcement officers acting within the scope of their authority.
(Code 1976, § 9-23)
Sec. 58-11. Drunkenness and disorderliness.
It shall be unlawful for any person to be drunk and disorderly within the limits of the city.
(Code 1976, § 9-9)
Sec. 58-12. Possession or consumption of alcoholic beverages in public places.
It shall be unlawful for any person to consume beer or any other alcoholic beverages or to transport, carry, possess or have any beer or any other alcoholic beverages, except in the original package and with the seal thereof unbroken, on public school property or on the streets, sidewalks, alleys and city parks within the corporate limits of the city.
(Code 1976, § 9-10)
Cross references: Alcoholic beverages, ch. 10.
Sec. 58-13. Public indecency.
(a) Any person of the age of 17 years or over who performs any of the following acts in a public place commits a public indecency:
(1) An act of sexual penetration or sexual conduct as defined in 720 ILCS 5/12-12; or
(2) A lewd exposure of the body done with intent to arouse or to satisfy the sexual desire of the person.
(b) "Public place" for purposes of this section means any place where the conduct may reasonably be expected to be viewed by others.
(c) Public indecency is unlawful.
(Code 1976, § 9-11)
State law references: Similar provisions, 720 ILCS 5/11-9.
Sec. 58-14. Obscenity.
(a) Elements. It shall be unlawful for any person, with knowledge of the nature or content thereof, or recklessly failing to exercise reasonable inspection which would have disclosed the nature or content thereof, to:
(1) Sell, deliver or provide, or offer or agree to sell, deliver or provide, any obscene writing, picture, record or other representation or embodiment of the obscene;
(2) Present or direct an obscene play, dance or other performance, or participate directly in that portion thereof which makes it obscene;
(3) Publicly exhibit or otherwise make available anything obscene;
(4) Perform an obscene act or otherwise present an obscene exhibition of his body for gain;
(5) Create, buy, procure or possess obscene matter or material with intent to disseminate it in violation of this section, or of the penal laws or regulations of any other jurisdiction; or
(6) Advertise or otherwise promote the sale of material represented or held out by him to be obscene, whether or not it is obscene.
(b) "Obscene" defined. Any material or performance is obscene if it is obscene or constitutes obscenity under state law.
(c) Interpretation of evidence. Evidence shall be interpreted the same as under the state obscenity statute (720 ILCS 5/11-20) or its successor statute.
(d) Prima facie evidence. The creation, purchase, procurement or possession of a mold, engraved plate or other embodiment of obscenity specially adapted for reproducing multiple copies, or the possession of more than three copies of obscene material, shall be prima facie evidence of an intent to disseminate.
(e) Affirmative defense. It shall be an affirmative defense to a charge of obscenity that the dissemination was:
(1) Not for gain and was made to personal associates other than children under 18 years of age;
(2) To institutions or individuals having scientific or other special justification for possession of such material.
(f) Other definitions. The definitions in 720 ILCS 5/11-20 shall be applicable to this section.
(Code 1976, § 9-12; Ord. No. 92-06, § 1(9-12), 2-24-92)
Sec. 58-15. Reserved.
Editor's note: Ord. No. 97-17, § 1, adopted Sept. 22, 1997, repealed § 58-15, which pertained to burning leaves or trash, and derived from Code 1976, § 9-28.
Sec. 58-16. Obstructions to fire hydrants or electric poles.
It shall be unlawful for any person to hitch any horse or other animal to a fire or other hydrant, or electric pole, or place any obstructions around or in front of any hydrant so as to prevent the use thereof, within the city.
(Code 1976, § 9-27)
Sec. 58-17. Climbing on fire truck.
It shall be unlawful for any person to climb on any fire truck in the city while such fire truck is going to or coming from a fire without the permission or consent of the members of the fire department.
(Code 1976, § 9-26)
Sec. 58-18. Failing to mark poison.
It shall be unlawful for any person to knowingly deliver to another within the city any deadly poison without legibly marking such article with the word "poison."
(Code 1976, § 9-31)
Sec. 58-19. Breaking or defacing buildings, fences or other structures.
It shall be unlawful for any person to wilfully or wantonly destroy, break, remove, injure, deface, daub or besmear with any substance whatever, any building or part thereof, any fence, gate, sign, awning, streetlamp or other useful or ornamental structure within the city, or to aid, abet, advise or encourage the doing of any of such acts.
(Code 1976, § 9-33)
Sec. 58-20. Climbing on water tower or utility pole.
It shall be unlawful for any person to climb upon the water tower of the city without permission or authority to do so, or to climb on any pole or post along which the wires are strung carrying electric current from the electric power and light plant without authority so to do.
(Code 1976, § 9-34)
Sec. 58-21. Resisting or delaying officers.
It shall be unlawful for any person within the corporate limits of the city to wilfully resist, hinder or delay any city officer in the discharge of any official act or duty, or to neglect or refuse to obey any lawful order or direction of such officer.
(Code 1976, § 9-38)
Sec. 58-22. Assisting prisoner to escape.
It shall be unlawful for any person within the corporate limits of the city to rescue or to attempt to rescue any person from the custody of an officer of the city or other person legally having him in charge, or to aid or attempt to aid in any escape of any person from any such custody or from any city prison, or to advise or encourage any such escape; or to supply any such person so being in such custody or prison with any weapon, or with any implement or means of escape, or with any intoxicating liquor.
(Code 1976, § 9-39)
Sec. 58-23. Refusing to aid officer.
Whoever upon command refuses or knowingly fails reasonably to 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;
is guilty of a violation of this section.
(Code 1976, § 9-40)
State law references: Similar provisions, 720 ILCS 5/31-8.
Sec. 58-24. Restricted use of city parks.
(a) It shall be unlawful for any person to enter or remain upon the premises of the log cabin park on North Michigan Avenue in the city between the hours of 8:30 p.m. to 6:00 a.m. from May 15 through September 15 and between the hours of 7:00 p.m. to 6:00 a.m. during the rest of the calendar year.
(b) It shall be unlawful for any person to enter or remain upon the premises of property owned or operated by the city as a city park (except for the log cabin park) between the hours of 10:00 p.m. to 6:00 a.m.
(Ord. No. 95-15, § 1, 10-9-95)
Sec. 58-25. Curfew.
(a) Definitions. Whenever used in this section:
(1) "Curfew hours" means:
a. Between 12:01 a.m. and 6:00 a.m. on Saturday; and
b. Between 12:01 a.m. and 6:00 a.m. on Sunday; and
c. Between 11:00 p.m. on Sunday to Thursday, inclusive, and 6:00 a.m. on the following day.
(2) "Emergency" means an unforseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
(3) "Establishment" means any privately-owned place of business operated for a profit to which the public is invited, including but not limited to, any place of amusement or entertainment.
(4) "Guardian" means:
a. A person who, under court order, is the guardian of the person of a minor; or
b. A public or private agency with whom a minor has been placed by a court.
(5) "Minor" means any person under 17 years of age.
(6) "Operator" means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.
(7) "Parent" means a person who is:
a. A natural parent, adoptive-parent, or step-parent of another person; or
b. At least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.
(8) "Public place" means any place to which the public or a substantial group for the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
(9) "Remain" means to:
a. Linger or stay; or
b. Fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.
(10) "Serious bodily injury" means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
(b) Offenses.
(1) A minor commits an offense if he or she remains in any public place or on the premises of any establishment within the city during curfew hours.
(2) A parent or guardian of a minor commits an offense if he or she knowingly permits, or by insufficient control allows, the minor to remain in any public place or on the premises of any establishment within the city during curfew hours.
(3) The owner, operator, or any employee of any establishment commits an offense if he or she knowingly allows a minor to remain upon the premises of the establishment during curfew hours.
(c) Defenses.
(1) It is a defense to prosecution under subsection (b) that the minor was:
a. Accompanied by the minor's parent or guardian;
b. On an errand at the direction of the minor's parent or guardian, without any detour or stop;
c. In a motor vehicle involved in interstate travel;
d. Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
e. Involved in an emergency;
f. On the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor's presence;
g. Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar activity that takes responsibility for the minor;
h. Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly or Article I, Sections 3, 4 and 5 of the Constitution of the State of Illinois, or both; or
i. Married or had been married or is an emancipated minor under the Emancipation of Mature Minors Act, as amended.
(2) It is a defense under subsection (b)(3) that the owner, operator, or employee of an of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave.
(d) Enforcement. Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in subsection (c) is present.
(Ord. No. 07-25, § 1, 7-10-07)
State law references: Municipal curfew, 65 ILCS 5/11-1-5; Child Curfew Act, 720 ILCS 555/0.01 et seq.
Sec. 58-26. Solicitation of city employees.
It shall be unlawful for any person to solicit or converse with any city employee during such employee's working hours, on city-owned property, for the purpose of sale to the employee, purchase from the employee, decision of joining of any organization, or otherwise in respect to matters personal to the employee.
(Code 1976, § 9-46)
Sec. 58-27. Loitering.
(a) Definitions. As used in this section:
(1) "Loitering" shall mean remaining idle in essentially one location and shall include the concept of spending time idly; to be dilatory; to linger; to stay; to saunter; to delay; to stand around and shall also include the colloquial expression "hanging around."
(2) "Public place" shall mean any place to which the general public has access and a right to resort for business, entertainment, or other lawful purpose, but does not necessarily mean a place devoted solely to the uses of the public. It shall also include the front or immediate area of any store, shop, restaurant, tavern or other place of business and also public grounds, areas or parks.
(b) It shall be unlawful for any person to loiter, loaf, wander, stand or remain idle either alone and/or in consort with others in a public place in such manner so as to:
(1) Obstruct any public street, public highway, public sidewalk or any other public place or building by hindering or impeding or tending to hinder or impede the free and uninterrupted passage of vehicles, traffic or pedestrians.
(2) Commit in or upon any public street, public highway, public sidewalk or any other public place or building any act or thing which is an obstruction or interference to the free and uninterrupted use of property or with any business lawfully conducted by anyone in or upon or facing or fronting on any such public street, public highway, public sidewalk or any other public place or building, all of which prevents the free and uninterrupted ingress, egress, and regress, therein, thereon and thereto.
(c) When any person cause or commits any of the conditions enumerated in subsection (b) herein, a police officer or any law enforcement officer shall order that person to stop causing or committing such conditions and to move on or disperse. Any person who fails or refuses to obey such orders shall be guilty of a violation of this section.
(Ord. No. 98-16, § 1, 7-27-98)
State law references: 65 ILCS 5/11-5-4.
Sec. 58-28. Adult entertainment facility, location.
It shall be unlawful to locate an adult entertainment facility within 1,000 feet of the property boundaries of any school, day care center, cemetery, public park, forest preserve, public housing and place of religious worship. Said distance shall be measured from the property line of the property upon which the adult entertainment facility is located or proposed to be located to the property line of the other used property described herein.
For the purposes of this section, "adult entertainment facility" shall have the same meaning as described in Section 11-5-1.5 of the Illinois Municipal Code (65 ILCS 5/11-5-1.5), as amended.
(Ord. No. 02-18, § 1, 11-25-02)
Secs. 58-29– 58-45. Reserved.
ARTICLE II. Sec. 58-46. Keeping a gambling place.
(a) Any person who knowingly permits any premises or property owned or occupied by him or under his control to be used as a gambling place is in violation of this section.
(b) As used in this section, a "gambling place" is any real estate, vehicle, boat or any other property whatsoever used for the purposes of gambling other than gambling conducted in the manner authorized by the Riverboat Gambling Act (230 ILCS 10/1 et seq.).
(Code 1976, § 9-18)
State law references: Similar provisions, 720 ILCS 5/28-3.
Sec. 58-47. Committing gambling.
It shall be unlawful for any person to commit gambling, as defined in 720 ILCS 5/28-1.
(Code 1976, § 9-19)
Sec. 58-48. Seizure of gambling devices and gambling funds.
(a) Every device designed for gambling which is incapable of lawful use or every device used unlawfully for gambling shall be considered a "gambling device," and shall be subject to seizure, confiscation and destruction by the state department of police or by any municipal or other local authority within whose jurisdiction such device may be found. As used in this section, a "gambling device" includes any slot machine, and any machine or device constructed for the reception of money or other thing of value and so constructed as to return, or to cause someone to return, on chance to the player thereof money, property or a right to receive money or property. With the exception of any device designed for gambling which is incapable of lawful use, no gambling device shall be forfeited or destroyed unless an individual with a property interest in such device knows of the unlawful use of the device.
(b) The procedures in 720 ILCS 5/28-5 shall be applicable in the city.
(Code 1976, § 9-20)
Sec. 58-49. Reserved.
Editor's note: Ord. No. 98-15, § 1, adopted July 27, 1998, repealed § 58-49, which pertained to the prohibition of lotteries, and derived from Code 1976, § 9-21.
Secs. 58-50– 58-70. Reserved.
ARTICLE III. Sec. 58-71. Acts of prostitution.
(a) Any person who performs, offers or agrees to perform any act of sexual penetration as defined in 720 ILCS 5/12-12 for money, or any touching or fondling of the sex organs of one person by another person for money or anything of value, for the purpose of sexual arousal or gratification commits an act of prostitution.
(b) Prostitution is unlawful.
(Code 1976, § 9-16)
State law references: Similar provisions, 720 ILCS 5/11-14.
Sec. 58-72. Keeping a place of prostitution.
(a) Any person who has or exercises control over the use of any place which could offer seclusion or shelter for the practice of prostitution and who performs any of the following acts within the city or within three miles of the outer boundaries of the city keeps a place of prostitution:
(1) Knowingly grants or permits the use of such place for the purpose of prostitution;
(2) Grants or permits the use of such place under circumstances from which he could reasonably know that the place is used or is to be used for purposes of prostitution; or
(3) Permits the continued use of a place after becoming aware of facts or circumstances from which he should reasonably know that the place is being used for purposes of prostitution.
(b) Keeping a place of prostitution is unlawful.
(Code 1976, § 9-14)
State law references: Similar provisions, 720 ILCS 5/11-17.
Sec. 58-73. Occupying places of prostitution.
It shall be unlawful for any person to be an inmate of any bawdy house, house of ill fame, or any place for the practice of fornication or prostitution, within the corporate limits of the city or within three miles of the outer boundaries of the city, or to in any way contribute to the support thereof, or be connected therewith, or to be found therein.
(Code 1976, § 9-15)
Sec. 58-74. Patronizing a prostitute.
(a) Any person who performs any of the following acts with a person not his spouse commits the offense of patronizing a prostitute:
(1) Engages in an act of sexual penetration as defined in 720 ILCS 5/12-12 with a prostitute; or
(2) Enters or remains in a place of prostitution with intent to engage in an act of sexual penetration as defined in 720 ILCS 5/12-12.
(b) Patronizing a prostitute is unlawful.
(Code 1976, § 9-17)
State law references: Similar provisions, 720 ILCS 5/11-18.
Secs. 58-75– 58-80. Reserved.
ARTICLE IV. Sec. 58-81. Findings.
The City Council of the City of Marshall finds that the following facts are true:
(a) The U.S. Surgeon General has repeatedly stated that cigarette smoking is a leading cause of cancer, heart disease and various other medical disorders;
(b) The Director of the National Institute on Drug Abuse has found that the majority of Americans who die each year from cigarette smoking became addicted to nicotine as adolescents before the legal age of majority;
(c) The Director of the National Institute on Drug Abuse has found that cigarette smoking may be predictive of adolescent illicit drug use;
(d) Cigarette vending machines have provided minors with easy access to cigarettes in contravention of the public policy of the State of Illinois and this municipality of Marshall.
(Ord. No. 04-34, § 1, 12-13-04)
Sec. 58-82. Definitions.
As used in this article, the following words and phrases shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
Distribution. To give, sell, deliver, dispense, issue or offer to give, sell, deliver, dispense, or issue.
Employee. Any person who may be required or directed by any employer in consideration of direct or indirect gain or profit, to engage in any employment, or to go, or work, or be at any time in any place of employment.
Employer. Any person, firm, corporation, organization, agent, manager, representative, or other person having control or custody of any employment, place of employment, or employee.
Minor. A person under 18 years of age.
Organization. A corporation for profit or not for profit, partnership, limited partnership, joint venture, unincorporated association, estate, trust, or other commercial legal entity.
Tobacco products. Any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco.
Vending machine. Any mechanical, electric or electronic, self-service device which, upon insertion of money, tokens, or any other form of payment, dispenses tobacco products.
(Ord. No. 04-34, § 1, 12-13-04; Ord. No. 07-4, § 4, 3-12-07)
Sec. 58-83. Sale of tobacco products.
It shall be unlawful for any person to sell, give, provide or distribute any tobacco products or to allow any person under the age of 18 years to have possession of any tobacco products in violation of this article.
(Ord. No. 04-34, § 1, 12-13-04)
Sec. 58-84. Prohibited sales and delivery signs.
(a) It shall be unlawful for any person to sell, offer for sale, give away or deliver tobacco products to any person under the age of 18 years.
(b) Signs informing the public of the age restriction provided for herein shall be posted at, or near, every display of tobacco products, and on, or upon every vending machine, which offers tobacco products for sale. Each such sign shall be plainly visible and shall state:
THE SALE OF TOBACCO PRODUCTS
TO PERSONS UNDER 18 YEARS OF AGE
IS PROHIBITED BY LAW.
(c) The text of such signs shall be in red letters on a white background, the letters being at least one inch high.
(Ord. No. 04-34, § 1, 12-13-04)
Sec. 58-85. Employment.
A person under 18 years of age may possess tobacco products for the sole purpose of resale in the course of employment during his or her working hours if employed by a retailer licensed under state statute.
(Ord. No. 04-34, § 1, 12-13-04)
Sec. 58-86. Possession with intent to give or sell to minor.
No person shall in any manner, directly or indirectly sell, or possess with intent to sell, exchange or give away tobacco products to any person under 18 years of age, except that a retailer may transfer tobacco products to a minor employee, strictly for resale on the licensed premise to an adult making a purchase.
(Ord. No. 04-34, § 1, 12-13-04)
Sec. 58-87. Purchase by minors prohibited.
It shall be unlawful for any person under the age of 18 years to purchase or attempt to purchase tobacco products, or to misrepresent his or her identity or age, or to use any false or altered identification for the purpose of purchasing, receiving or possessing tobacco products.
Any person accused of a violation of this section shall, for the first offense only, be fined, pursuant to the provisions of section 1-10, provided the person timely makes payment to the police department prior to the issuance of a complaint or notice to appear.
(Ord. No. 04-34, § 1, 12-13-04)
Sec. 58-88. Possession by minors prohibited.
It shall be unlawful for any person under the age of 18 years to possess any tobacco products, provided that the possession by a person under the age of 18 years under the direct supervision of the parent or guardian of such person in the privacy of the parent's or guardian's home shall not be prohibited.
Any person accused of a violation of this section shall, for the first offense only, be fined, pursuant to the provisions of section 1-10, provided the person timely makes payment to the police department prior to the issuance of a complaint or notice to appear.
(Ord. No. 04-34, § 1, 12-13-04)
Sec. 58-89. Proximity to certain institutions.
It shall be unlawful for any person to sell, offer for sale, give away or deliver tobacco products in or on the grounds of any school, or other building used for education.
(Ord. No. 04-34, § 1, 12-13-04)
Sec. 58-90. Certain free distributions prohibited.
It shall be unlawful for any person in the business of selling or otherwise distributing, promoting or advertising tobacco products or any employee or agent of any such person, in the course of such person's business, to distribute, give away, or deliver tobacco products free of charge to any person on any right-of-way, park, playground, or other property owned by the city, school district, or public library located within the city.
(Ord. No. 04-34, § 1, 12-13-04)
Sec. 58-91. Vending machines.
No retailer may keep a tobacco product vending machine in any public place that is open to persons under the age of 18 unless the following apply:
(a) The vending machine is in a place where it is ordinarily in the immediate vicinity, plain view, and control of an employee.
(b) The vending machine is in a place where it is inaccessible to the public when the premises are closed.
(c) The person who ultimately controls, governs, or directs the activities within the premises where the vending machine is located shall make sure that an employee remains in the immediate vicinity, plain view, and control of the vending machine whenever the premises are open.
(d) The vending machine is equipped with a manual, electric, or electronic locking device controlled by the licensee so as to prevent its operation by persons under the age of 18 years.
(e) Any premises where access by persons under the age of 18 years is prohibited by law, or premises where the public is generally not permitted and where vending machines are strictly for the use of employees of business located at such premises, shall be exempt from the requirements of (d) above.
(Ord. No. 04-34, § 1, 12-13-04)
Sec. 58-92. Seizure.
A law enforcement officer shall seize any tobacco product involved in any violation of this article committed in his or her presence.
(Ord. No. 04-34, § 1, 12-13-04)
Sec. 58-93. Responsibility for agents and employees.
Every act or omission of whatsoever nature, constituting a violation of any of the provisions of this article by any officer, director, manager or other agent or employee of any organization shall be deemed and held to be the act of such organization; and such organization shall be punishable in the same manner as if such act or omission had been done or omitted by the organization personally.
(Ord. No. 04-34, § 1, 12-13-04)
Sec. 58-94. Reserved.
Editor's note: Ord. No. 05-15, § 1, adopted July 11, 2005, repealed § 58-94, which pertained to sunset provision and renewal and derived from Ord. No. 04-34, § 1, 12-13-04.
IN GENERAL
GAMBLING
PROSTITUTION
SALES TO AND POSSESSION OF TOBACCO PRODUCTS BY MINORS