CHAPTER 13. OFFENSES--MISCELLANEOUS
VILLAGE OF ADDISON CODE
§13-1. Assault; Fighting; etc.
§13-7. Disorderly Conduct.
§13-7.1 Miscellaneous Offenses.
§13-7.2 Noise Violations.
§13-8. Disturbing Assemblages.
§13-9. False Alarms.
§13-10. Injury to Property.
§13-11. Public Indecency.
§13-11.1 Shopping Carts.
§13-11.2 Return of Abandoned Shopping Carts.
§13-13. Same--Enumerated Offenses.
§13-14. Trick or Treating.
§13-16. Same--Unlawful Acts Enumerated.
§13-18. Same--Offenses by Minors.
§13-20. Same--Advertising Prohibited.
§13-21. Retail Theft--Definitions.
§13-25.2 Exhibitions; Permit Required.
§13-25.4 Liability Insurance--Required.
§13-25.5 Same--Minimum Coverage.
§13-25.6 Permit Revocation.
§13-26. Repealed by Ord. 81-26.
§13-27. Obscenity Prohibited.
§13-27.1 Obscenity Defined.
§13.27.2 Affirmative Defense.
§13-30. Registration Required.
§13-31. Availability To Register.
§13-32. Reports to the Chief of Police.
§13-33. Retention of Articles.
§13-41 - 13-43. Repealed by Ordinance 99-106, 10/4/99
§13-44. Cannabis Defined.
§13-45. Possession Unlawful.
§13-51. Construction; Severability.
§13-52. Raffles Prohibited; Exception.
§13-52.1 Sweepstakes Machines Prohibited
§13-55. Conduct of Raffles.
§13-56. Raffles - Manager - Bond.
§13-60. Truancy Prohibited.
§13-65. Synthetic Alternative Drugs.
§13-66. Parental Responsibility.
§13-68. General Penalty.
Sec. 13-1. Assault; Fighting; etc. [back to top]
(A) It shall be unlawful for any person to commit any assault or battery or to fight in any place in the Village.
(B) Any person who violates the provisions of this Section shall be fined not less than five hundred dollars ($500.00) nor more than two thousand five hundred dollars ($2,500.00) for each such offense (Code 1959, §747; Ord. 93-80)
Sec. 13-2. Bills, Advertisements, etc.--Posting; Attaching to Trees or Shrubs. [back to top]
It shall be unlawful for any person to post any bills or advertisements on any property, and it shall be unlawful to post any bill or advertisement on any property without the written consent of the owner of such property. It shall be unlawful to attach any sign, advertisement or notice to any tree or shrub in any street, parkway or any other place. (Code 1959, §167, 170; Ord. 64-33)
Sec. 13-2.1. Citations for Violations; Penalties and Procedures. [back to top]
The Police Department is authorized to issue violation notices to anyone violating Section 13-2 of this Chapter and to cause a summons or warrant to be issued to commence prosecution against violators. If such penalty is not paid within ten (10) days, the Police Department shall ascertain the name of the owner of the building and cause to be mailed to the owner the goldenrod copy of the citation form marked "final notice." The Police Department shall enter a final notice date which shall be at least fifteen (15) days from the date of issuance of the final notice and shall enter the amount of twenty dollars ($20.00) as total penalty on the citation. If such warrant or citation has not been paid by the final notice date, the Police Department shall place the matter on the court date of the officer issuing the citation. Such court date shall be at least thirty (30) days and no more than sixty (60) days from the date of issuance of the notice to appear form. The court date shall then be entered on the notice along with the location of the court and with the fine of thirty dollars ($30.00).
When a notice to appear has been issued and the proper court date has been entered, together with the proper penalty including court costs, the Police Department shall cause the notice to appear to be served upon the defendant. If such defendant does not live within the corporate limits of the Village, the notice to appear shall be mailed to the defendant at the last known address by certified mail. If such violator fails to appear in response to the notice to appear which has been served upon him, either by personal service or by certified mail, the police officer shall swear to the complaint before the judge of the Circuit Court of the County. (80-87)
Sec. 13-3. Same--Advertising Unlawful Business or Article; Injuring or Defacing Lawful Advertisement or Notice. [back to top]
It shall be unlawful to advertise any unlawful business or article in the Village, and it shall be unlawful to injure or deface any lawful advertisement or notice. (Code 1959, §755.)
Sec. 13-4. Curfew for Minors Generally. [back to top]
(A) It shall be unlawful for a person less than seventeen (17) years of age to be present at or upon any assembly, building, place, street or highway at the following times:
(1) Between 12:01 A.M. and 6:00 A.M. Saturday
(2) Between 12:01 A.M. and 6:00 A.M. Sunday.
(3) Between 11:00 P.M. on Sunday to Thursday, inclusive, and 6:00 A.M. on the following day.
(B) It is a defense to a violation under this Section that the minor engaged in the prohibited conduct while:
(1) Accompanied by the child's parent, legal guardian, custodian, sibling, stepbrother or stepsister at least eighteen (18) years of age;
(2) Accompanied by an adult at least eighteen (18) years of age approved by the child's parent, guardian or custodian;
(3) Participating or returning from:
(b) a school recreational activity;
(c) a religious event;
(d) an emergency involving the protection of a person or property from an imminent threat of serious bodily injury or substantial damage;
(e) an activity involving the exercise of the child's rights protected under the First Amendment to the United States Constitution or Article 1, Sections 3, 4, and 5 of the Constitution of the State of Illinois, or both;
(f) an activity conducted by a not-for-profit or governmental entity that provides recreation, education, training or other care under the supervision of one (1) or more adults.
(C) Before issuing a citation or making an arrest for violating the curfew ordinance, a police officer shall inquire into a minor's reasons for being in a public place during curfew hours, and the officer may issue a citation or make an arrest only if the officer reasonably believes that the person has violated this Section and that no defenses apply.
(D) It shall be unlawful for a parent, legal guardian or other person to knowingly permit a person in his custody or control to violate this Section.
Sec. 13-5. Same--Detention of Willful Violators. [back to top]
Every member of the police force, while on duty, is hereby authorized to detain any minor willfully violating the provisions of Section 13-4 until the parent or guardian of the child shall take such child into custody. However, such officer shall immediately upon taking custody of the child communicate with the parent or guardian. (Ord. 69-7)
Sec. 13-6. Same--Commitment of Certain Children Taken into Custody to State Institution. [back to top]
If it shall appear that any child taken into custody for a violation of Section 13-4 is growing up in mendicancy or vagrancy, or is incorrigible, due to lack of proper parental care or having no home, proper proceedings shall be taken to have such child placed in the care of a state institution, as provided by statute. (Ord. 69-7)
Sec. 13-7. Disorderly Conduct. [back to top]
(A) Any person who shall do or engage in any of the following shall be guilty of disorderly conduct:
(1) Any person who shall act in a violent or tumultuous manner toward another, whereby any person is placed in danger of safety of his life, limb or health.
(2) Any person who shall act in a violent or tumultuous manner toward another, whereby property or property of any person is placed in danger of being destroyed or damaged.
(3) Any person who shall endanger lawful pursuits of another by acts of violence or threats of bodily harm.
(4) Any person who shall cause, provoke or engage in any fight, brawl or riotous conduct so as to endanger the life, limb, health or property of another or public property.
(5) Any person who shall assemble or congregate with another or others and cause, provoke or engage in any fight or brawl.
(6) Any person who shall assemble or congregate with another or others and engage or attempt to engage in gaming.
(7) Any person who shall use "fighting words" directed toward any person who becomes outraged and thus creates turmoil.
(8) Any person who shall assemble or congregate with another or others and do bodily harm to another.
(9) Any person who shall, by acts of violence, interfere with another's pursuit of a lawful occupation.
(10) Any person who is in possession of an alcoholic beverage on a public street or other public place, unless the alcoholic beverage is in its original container with the seal unbroken or unless possession is on the premises of an establishment with a valid Village liquor license. For purposes of this subsection, a public place shall include, but not be limited to, all Village streets, all Village rights-of-way, all Village parking lots, and all Village owned properties that do not have permission of the Village or other governmental body for events which may include the consumption of alcohol.
(11) Any person who is in a state of intoxication to a degree which renders himself a hazard shall not walk or be upon any street, alley or public place in the Village except on a sidewalk. (Ord. 20-51)
(B) Any person who violates the provisions of this Section shall be fined not less than five hundred dollars ($500.00) nor more than two thousand five hundred dollars ($2,500.00) for each such offense. (Ord. 93-80)
Sec. 13-7.1. Miscellaneous Offenses. [back to top]
(A) Any person who shall do or engage in any of the following shall be guilty of a violation of this Section of the Code:
(1) Any person who shall collect in bodies or in crowds and engage in unlawful activities.
(2) Any person who shall frequent any place and obtain money from another by an illegal and fraudulent scheme, trick, artifice or device, or attempt to do so.
(3) Any person who assembles with another or others and engages in any fraudulent scheme, device or trick to obtain any valuable thing in any place or from any person, or attempts to do so.
(4) Any person who frequents any place where gaming or the illegal sale or possession of alcoholic beverages or narcotics or dangerous drugs is practiced, allowed or tolerated.
(5) Any person who shall congregate with another or others in or on any way so as to halt the flow of vehicular or pedestrian traffic and refuses to clear such way when ordered to do so by a peace officer or other person having authority.
(6) Any person who damages, befouls or disturbs property or the property of another so as to create a hazardous, unhealthy or physically offensive condition.
(7) Any person who creates or maintains loud or raucous noises in an unreasonable manner so as to alarm or to disturb another.
(B) Any person who violates the provisions of this Section shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each such offense. (Ord. 93-80)
Sec. 13-7.2. Noise Violations. [back to top]
(Ord. 08-67; 23-19)
Sec. 13-8. Disturbing Assemblages. [back to top]
It shall be unlawful for any person to disturb a lawful assemblage or gathering in the Village. (Code 1959, §750.)
Sec. 13-9. False Alarms. [back to top]
It shall be unlawful for any person to knowingly start or spread any false alarm in the Village. (Code 1959, §478.)
Sec. 13-10. Injury to Property. [back to top]
It shall be unlawful for any one to injure, deface or interfere with any property belonging to the Village. (Code 1959, §138)
Sec. 13-11. Public Indecency. [back to top]
(A) Definitions: As used herein, the following terms shall have the meanings hereafter ascribed to them:
(1) "Nudity" means the showing of the human male or female genitals, pubic hair or buttocks with less than a fully opaque covering; the showing of the female breast with less than a fully opaque covering on any part of the nipple and areola; the exposure of any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, natal cleft, perineum, anal region or pubic hair region; or the exposure of any device worn as a cover over the nipples and/or areola of the female breast, which device simulates and gives the realistic appearance of nipples and/or areola.
(2) "Public place" includes all outdoor places owned by or open to the general public and all buildings and enclosed places owned by or open to the general public, including such places of entertainment, taverns, restaurants, clubs, theaters, dance halls, banquet halls, party rooms or halls limited to specific members, party rooms or halls limited to specific members, restricted to adults or to patrons invited to attend, whether or not an admission charge is levied.
(B) It shall be unlawful for a person to knowingly or intentionally, in a public place:
(1) Engage in sexual intercourse.
(2) Engage in deviate sexual intercourse as defined by the Illinois Criminal Code.
(3) Appear in a state of nudity.
(4) Fondle the genitals of himself, herself or another person.
(C) The prohibition set forth in Section 13-11(B) shall not apply to:
(1) Any child under ten (10) years of age.
(2) Any individual exposing a breast in the process of breastfeeding an infant under two (2) years of age. (Ord. 00-56)
Sec. 13-11.1. Shopping Carts. [back to top]
It shall be unlawful for any person to remove a shopping cart not belonging to such person from any parking lot or premises related to a shopping area within the Village. However, it is provided that a removal from the premises to the parking lot of the shopping area premises for the purpose of unloading the contents therein shall not be unlawful. All stores permitting the use of shopping carts within such store or permitting such shopping carts to be removed from such store shall be required to place on each shopping cart a sign in the minimum dimensions of four inches by six inches (4"x 6") stating:
"It is unlawful under Village Ordinance for removal of this cart off these premises."
Each store must also contain a sign not less than one and one-half feet by three feet (1-1/2' x 3') which must be affixed in a conspicuous place in the store setting forth the terms of this Section.
Any shopping carts remaining on the parking lot adjacent to the premises or at any other location in the Village will be deemed to be abandoned. All shopping carts must have means of identification to be placed thereon by the owner. (Ord. 75-55; 99-149)
Section 13-11.2. Return of Abandoned Shopping Carts. [back to top]
Upon acquisition by the Village of a shopping cart or carts deemed to be abandoned, the Village shall, within thirty (30) days thereafter, notify the owner, as identified on the shopping cart(s) that the Village has possession of the cart(s). The notice shall be by certified mail, return receipt requested. The notice shall advise the owner an administrative fee in the amount of $25.00 per shopping cart is due and owing. The notice shall further advise the owner (1) that the shopping cart(s) must be picked up, and the administrative fee paid, not less than fourteen (14) days after the date of the notice, and (2) that failure to retrieve the shopping cart(s) and to pay the fee in a timely manner shall result in the cart(s) being sold or otherwise disposed of by the Village. (Ord. 99-149)
Sec. 13-12. Trespasses--Generally. [back to top]
It shall be unlawful for any person to commit a trespass within the Village, upon either public or private property. (Ord. 70-55)
Sec. 13-13. Same--Enumerated Offenses. [back to top]
Without constituting any limitation upon the provisions of Section 13-12, any of the following acts by any person shall be deemed included among those that constitute trespasses in violation of the provisions of such section, and appropriate action may be taken under this Section at any time to prevent or suppress any violation of this Section:
(A) An entry upon the premises, or any part thereof, of another, including any public property, in violation of a notice posted or exhibited at the main entrance to such premises or at any point of approach or entry, or in violation of any notice, warning or protest given orally or in writing by any owner or occupant thereof.
(B) The pursuit of a course of conduct or action incidental to the making of an entry upon the land of another in violation of a notice posted or exhibited at the main entrance to such premises or at any point of approach or entry, or in violation of any notice, warning or protest given orally or in writing by any owner or occupant thereof.
(C) A failure or refusal to depart from the premises of another in case of being requested, either orally or in writing, to leave by any owner or occupant thereof.
(D) An entry into or upon any vehicle, aircraft or watercraft made without the consent of the person having the right to the possession or control thereof, or a failure or refusal to leave any such vehicle, aircraft or watercraft after being requested to leave by the person having such right. (Ord. 70-56)
(E) Depositing, abandoning or dumping any waste material, garbage, refuse, or offensive substance upon the premises, or any part thereof, of another, including any public property, without the prior consent of the owner of said property. (Ord. 07-102)
Sec. 13-14. Trick or Treating. [back to top]
It shall be unlawful for any person to engage in the act of solicitation commonly known or referred to as "trick or treating" at any time other than Halloween Day (October 31) between the hours of 3:00 P.M. and 7:00 P.M.
It shall be unlawful for any person to engage in the act of solicitation commonly known as "trick or treating" more than three (3) blocks from such person's home.
It shall be the duty and responsibility of the parents to see that no soliciting other than in compliance with this Section is engaged in by their children. (Ord. 72-50; 93-106; 06-142)
Sec. 13-15. Vandalism--Definitions. [back to top]
For the purposes of Sections 13-16 to 13-18, the following phrases shall have the meanings respectively ascribed to them by this Section:
Legal guardian means a person appointed guardian or given custody of a minor by a Circuit Court of the state; but not a person appointed guardian or given custody of a minor under the state Juvenile Court Act.
Minor means a person who has attained eleven (11) years of age but who has not yet reached eighteen (18) years of age.
Parent means the lawful mother or father of an unemancipated minor, whether by birth or by adoption.
Person means any individual, firm, partnership, association, corporation, company or organization of any kind.
Property means any real estate, including improvements thereon and tangible personalty. (Ord. 77-20)
Sec. 13-16. Same--Unlawful Acts Enumerated. [back to top]
Within the corporate limits of the Village, no person shall:
(A) Knowingly or recklessly damage any property of another person without his consent; or
(B) Knowingly and without authority enter into or obtain control over any motor vehicle, bicycle, aircraft or watercraft or any part thereof belonging to another person, without such other person's consent; or
(C) Knowingly and without the consent of the property owner inscribe, draw, paint, or otherwise place upon the surface of any structure or wall that is privately or publicly owned any word, phrase, diagram, symbol, sketch or letters. (Ord. 77-20; 86-25)
Sec. 13-17. Same--Violations. [back to top]
Every person found guilty of an offense under Section 13-16 shall be subject to either or both of the following penalties:
(A) Fine. A fine not in excess of five hundred dollars ($500.00).
(B) Conditional discharge--Generally. The court may provide for a period of conditional discharge subject to the rules and conditions set forth or as may be set forth by the 18th Judicial Circuit Court. The conditions of conditional discharge may include that the defendant make restitution in an amount not to exceed the actual loss or damage to the property and pecuniary loss, that upon the receipt of restitution, the owner shall restore the structure or wall to its former condition, and such other conditions as the court may deem just and appropriate. (Ord. 86-25)
Sec. 13-18. Same--Offenses by Minors. [back to top]
(A) Petition by aggrieved party. Should any aggrieved party desire a hearing relative to any actual damages sustained by reason of any act under Section 13-16 by any unemancipated minor, such person shall petition the 18th Judicial Circuit, in the name of the Village, for such hearing.
(B) Responsibility of parent or guardian; hearing procedure; penalties. The parent or legal guardian of an unemancipated minor who resides with such parent or legal guardian is financially responsible for actual damages by such minor child, as defined in Section 13-16; provided, that such parent or legal guardian has been served with a summons and a copy of petition for hearing. All actions hereunder shall be commenced and proceed in accordance with the Parental Responsibility Law (740 ILCS 115/1 et seq.). (Ord. 86-25)
Sec. 13-19. Spiritualism and Fortune Telling--Prohibited. [back to top]
No person shall hold or give any or private meeting, gathering, circle or seance of any kind in the name of spiritualism, or of any other religious body, society, cult or denomination, and therein practice, or permit to be practiced, fraud or deception of any kind. No person shall obtain money or property from another by fraudulent devices and practices in the name of, or by means of, spirit mediumship, palmistry, card reading, astrology, seership, phrenology, tealeaf and coffee ground reading, voodoo, or like crafty science or fortune telling of any kind. (Ord. 78-1)
Sec. 13-20. Same--Advertising Prohibited. [back to top]
No person shall advertise by display, sign, circular, handbill, or in any newspaper, periodical, magazine, or other publication, or by any other means, to tell fortunes or reveal the future; or by means of occult or psychic power, faculties, or forces, clairvoyance, psychology, psychometry, spirits, mediumship, seership, prophecy, astrology, palmistry, necromancy, phrenology or like crafty science, cards, talismans, charms, potions, magnetism, magnetized articles or substances, oriental mysteries, or magic of any kind or nature to find or restore lost or stolen property, to locate oil wells, gold, silver, other ore, metal or natural product, to restore lost love, friendship or affection, to reunite or procure lovers, husbands, wives, lost relatives or friends, or to give advice in business affairs or advice of any kind or nature to others for or without pay. (Ord. 78-1)
Sec. 13-21. Retail Theft--Definitions. [back to top]
For purposes of this Article, the words and phrases defined herein shall have the meanings ascribed to them in this Section unless a contrary meaning is clear from the context.
(A) Conceal means to conceal merchandise means that although there may be some notice of its presence, that merchandise is not visible through ordinary observation.
(B) Full retail value means the merchant's stated or advertised price of the merchandise.
(C) Merchandise means any item of tangible personal property.
(D) Merchant means an owner or operator of any retail mercantile establishment or any agent, employee, lessee, consignee, officer, director, franchisee or independent contractor of such owner or operator.
(E) Peace officer means any person who by virtue of his office or employment is vested by law with a duty to maintain public order or to make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses.
(F) Premises of a retail mercantile establishment includes, but is not limited to, the retail mercantile establishment; any common use areas in shopping centers and all parking areas set aside by a merchant or on behalf of a merchant for the parking of vehicles for the convenience of the patrons of such retail mercantile establishment.
(G) Retail mercantile establishment means any place where merchandise is displayed, held, stored or offered for sale to the public.
(H) Shopping cart means those push carts of the type or types which are commonly provided by grocery stores, drugstores or other retail mercantile establishments for the use of the public in transporting commodities in stores and markets and, incidentally, from the stores to a place outside the store.
(I) Under-ring means to cause the cash register or other sales recording device to reflect less than full retail value of the merchandise. (Ord. 78-15)
Sec. 13-22. Same--Prohibited. [back to top]
No person shall commit retail theft. A person commits the offense of retail theft when he knowingly:
(A) Takes possession of, carries away, transfers or causes to be carried away or transferred, any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment with the intention of retaining such merchandise or with the intention of depriving the merchant permanently of the possession, use or benefit of such merchandise without paying the full retail value of such merchandise; or
(B) Alters, transfers or removes any label, price tag, marking, indicia of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored or offered for sale, in a retail mercantile establishment and attempts to purchase such merchandise personally or in consort with another at less than the full retail value with the intention of depriving the merchant of the full retail value of such merchandise; or
(C) Transfers any merchandise displayed, held, stored or offered for sale, in a retail mercantile establishment from the container in or on which such merchandise is displayed to any other container with the intention of depriving the merchant of the full retail value of such merchandise; or
(D) Under-rings with the intention of depriving the merchant of the full retail value of the merchandise; or
(E) Removes a shopping cart from the premises of a retail mercantile establishment without the consent of the merchant given at the time of such removal with the intention of depriving the merchant permanently of the possession, use or benefit of such cart. (Ord. 78-15)
Sec. 13-23. Same--Presumptions. [back to top]
If any person conceals upon his person or among his belongings, unpurchased merchandise displayed, held, stored or offered for sale in a retail mercantile establishment, and removes that merchandise beyond the last known station for receiving payments for that merchandise in that retail mercantile establishment, such person shall be presumed to have possessed, carried away or transferred such merchandise with the intention of retaining it or with the intention of depriving the merchant permanently of the possession, use or benefit of such merchandise without paying the full retail value of such merchandise. (Ord. 78-15)
Sec. 13-24. Same--Penalty. [back to top]
Any person who violates the provisions of Sections 13-21 through 13-23 shall be subject to a fine of not less than twenty-five dollars ($25.00) and not more than five hundred dollars ($500.00). (Ord. 78-15)
Sec. 13-25. Fireworks--Defined. [back to top]
The term fireworks shall mean and include any explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or audible effect of a temporary exhibitional nature by explosion, combustion, deflagration or detonation, and shall include blank cartridges, toy cannons, in which explosives are used, the type of balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, roman candles, sparklers, bombs or other fireworks of like construction and any fireworks containing any explosive compound, or any tablets or other device containing any explosive substance, or containing combustible substances producing visual effects; provided, however, that the term fireworks shall not include, toy pistols, toy canes, toy guns, or other devices in which paper or plastic caps containing twenty-five hundredths (.25) grains or less of explosive compound are used, providing they are so constructed that the hand cannot come into contact with the cap when in place for the explosion, and toy pistol paper or plastic caps which contain less than twenty hundredths (.20) grains of explosive mixture, the sale and use of which shall be permitted at all times.
Sec. 13-25.1. Possession, Sale and Use Prohibited Generally. [back to top]
Except as hereinafter provided, it shall be unlawful for any person to possess, offer for sale, expose for sale or sell at retail any fireworks within the Village. It also shall be unlawful for any person to discharge, explode, light, or make any similar use of fireworks within the Village.
Sec. 13-25.2. Exhibitions; Permit Required. [back to top]
Public exhibitions of fireworks may be given if a permit therefor be granted by the Board of Trustees. Such exhibitions shall be given subject to the supervision of the Fire Chief or some person designated by him.
Sec. 13-25.3. Permit Application; Fee; Nature of Permit. [back to top]
Application for a permit to exhibit fireworks shall be made in writing at least fifteen (15) days in advance of the date of the display and action shall be taken on such application within forty-eight (48) hours after such application is made. The fee for such permit shall be fifty dollars ($50.00). The sale, possession, use and distribution of fireworks for such display shall be lawful for the purpose stated in this article only. No permit granted hereunder shall be transferable.
Sec. 13-25.4. Liability Insurance--Required. [back to top]
Each person applying for a permit to exhibit fireworks shall, as a condition precedent to the issuance of such permit, file or cause to be filed with the Village Clerk a policy of insurance in which the Village, its officials, agents and employees, are insured against liability that may be imposed upon them by law for damages because of bodily injury, sickness or disease, including death, at any time resulting therefrom, sustained by any person, and injury to or destruction of property, including the loss thereof, arising out of any fireworks display. In lieu of filing the policy of insurance, a certificate evidencing the issuance of such insurance, executed by a duly authorized agent, servant or employee of the carrier, may be so filed; provided, that such issuance shall be written by an insurance carrier authorized to conduct such business in the State.
Sec. 13-25.5. Same--Minimum Coverage. [back to top]
The insurance policy required by this article shall be written for at least the following minimum coverage:
(A) A limit of three hundred thousand dollars ($300,000.00) for all damages arising out of bodily injury, sickness or disease, including death, at any time resulting therefrom, sustained by each person as a result of any one accident and a total limit of five hundred thousand dollars ($500,000.00) for all such damages sustained by two or more persons as the result of any one accident.
(B) A limit of one hundred thousand dollars ($100,000.00) for all damages arising out of injury or destruction of all property of one or more persons as the result of any one accident.
(C) The policy shall contain a provision that it shall not be canceled by the carrier until at least ten (10) days' notice thereof by mail shall have been given to the Village by mailing such notice to the Village Clerk.
Sec. 13-25.6. Permit Revocation. [back to top]
Any permit issued under the provisions of this article may be revoked by the Village Manager for a violation of the provisions of this article, and the revocation of the permit shall not preclude the imposition of a penalty under the provisions of Section 1-5 of this Code. (Ord. 79-39)
Sec. 13-26. Repealed by Ord. 81-26.
Sec. 13-27. Obscenity Prohibited. [back to top]
It shall be unlawful for any person, firm, corporation, partnership or other business entity to sell, deliver, offer for sale, distribute, publish, print, exhibit or possess with intent to distribute, with knowledge of the nature or content thereof or recklessly failing to exercise reasonable inspection which would have disclosed the nature or content thereof, any obscene writing, picture, moving picture, record or other representation or embodiment of the obscene, or to present or to direct an obscene play or other performance or to perform an obscene act or otherwise present an obscene exhibition or to advertise or otherwise promote obscene material. (Ord. 80-71)
Sec. 13-27.1. Obscenity Defined. [back to top]
A thing shall be deemed to be obscene if, the average person applying statewide contemporary standards finds that the work taken as a whole appeals to a prurient interest and the work depicts or describes patently offensive representations or descriptions of sexual conduct or sado-masochistic abuse, hereinafter described, and the work is utterly without redeeming social value.
Sexual conduct means human masturbation, sexual intercourse, or any touching of the genitals, pubic areas or buttocks of the human male or female, or the breast of the female, whether alone or between members of the same or opposite sex, between humans and animals in an act of apparent sexual stimulation or gratification.
Sado-masochistic abuse means flagellation or torture by or upon a person who is nude or clad in undergarments or in revealing or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed. (Ord. 80-71)
Sec. 13-27.2. Affirmative Defense. [back to top]
It shall be an affirmative defense to obscenity that the dissemination:
(1) was not for gain and was made to personal associates other than children under eighteen (18) years of age;
(2) was to institutions or individuals having scientific or other special justification for possession of such material. (Ord. 80-71)
Sec. 13-27.3. Penalty. [back to top]
Any person, firm, corporation, partnership or other business entity violating the provisions of this ordinance shall pay a fine of not less than fifteen dollars ($15.00) and not more than five hundred dollars ($500.00). (Ord. 80-71)
Sec. 13-27.4. Severability. [back to top]
Should any section, paragraph, sentence, clause or phrase of this ordinance be declared unconstitutional or invalid for any reason, the remainder of said ordinance shall not be affected thereby and shall remain in full force and effect and the same shall not affect the validity of the remaining portions of this ordinance. (Ord. 80-71).
Sec. 13-28. Sale of Harmful Material to Minors Prohibited. [back to top]
No person, corporation, firm, partnership or other business entity shall, with knowledge that a person is under twenty-one (21) years of age, or with a failure to exercise reasonable care in ascertaining a person's age, knowingly distribute to, or send or cause to be sent to, or exhibit to any minor under the age of twenty-one (21) any harmful material. (Ord. 80-70; 19-36)
Sec. 13-28.1. Definitions. [back to top]
(A) Material is "harmful" if, to the average person applying statewide community standards, its predominant appeal, taken as a whole, is to prurient interest, that is, a shameful or morbid interest in nudity, sex or excretion, which goes substantially beyond customary limits of candor in description or representation of such matters and if the social importance of materials is substantially less than its prurient appeal. (Ord. 80-70)
(B) Material means any writing, picture, record or other representation or embodiment.
(C) Distribute means to transfer possession of, whether with or without consideration.
(D) Knowingly means having knowledge of the subject matter or recklessly failing to exercise reasonable inspection which would have disclosed the contents thereof. (Ord. 80-70; 19-36)
Sec. 13-28.2. Exceptions. [back to top]
Nothing in this Section shall prohibit any public library or accredited educational institution from circulating harmful material to any person under the age of twenty-one (21) years old provided such circulation is with parental consent and for a legitimate educational or scientific purpose. Nothing in this Section shall prohibit a parent from distributing to his child any harmful material. (Ord. 80-70; 19-36)
Sec. 13-28.3. Penalty. [back to top]
Any person, corporation, firm, partnership or other business entity violating any provision of this ordinance shall pay a fine of not less than one hundred fifty dollars ($150.00) and not more than seven hundred fifty dollars ($750.00). (Ord. 80-70; 19-36)
Sec. 13-28.4. Severability. [back to top]
Should any section, paragraph, sentence, clause or phrase of this ordinance be declared unconstitutional or invalid for any reason, the remainder of said ordinance shall not be affected thereby and shall remain in full force and effect and the same shall not affect the validity of the remaining portions of this ordinance. (Ord. 80-70; 19-36)
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