HomeMy WebLinkAboutG38-95 (2) r �
Ordinance No. G38-95
AN ORDINANCE
AMENDING TITLE 9 OF THE ELGIN MUNICIPAL CODE, 1976 , AS AMENDED,
BY ADDING CHAPTER 9 . 17 ENTITLED "GRAFFITI"
WHEREAS, the City of Elgin is a home rule unit by virtue
of the provisions of the 1970 Constitution of the State of
Illinois; and
WHEREAS, the City of Elgin as a home rule unit may
exercise power and perform any function pertaining to its
government and affairs , including the power to regulate for
the protection of the public safety, morals and welfare; and
WHEREAS, the violation of ordinances regulating the
removal from the exterior of buildings displays of vandalism
or graffiti effect the public ' s safety, morals and welfare by
representing and encouraging other unlawful activities ,
diminishing the aesthetic values of that neighborhood and
reducing the property values in that area; and
The adoption of an ordinance declaring graffiti to be a
nuisance and providing for the procedures to abate same
pertains to the government and affairs of the City of Elgin.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ELGIN:
Section 1 . That Title 9 entitled "Health and Safety" of
the Elgin Municipal Code, 1976 , as amended, be and is hereby
further amended by adding Chapter 9 . 17 entitled "Graffiti" , to
read as follows :
"CHAPTER 9 . 17
GRAFFITI
9 . 17 . 010 GRAFFITI DEFINED.
"Graffiti" shall mean any writing, printing,
marks, signs , symbols, figures, designs,
inscriptions or other drawings which are scratched,
scrawled, painted, drawn or otherwise placed on any
exterior surface of a building, wall , fence,
sidewalk, curb or other permanent structure on
public or private property and which have the effect
of defacing the property.
9 . 17 . 020 NUISANCE DECLARATION--PROHIBITION.
Graffiti is declared to be a nuisance . It is
declared to be illegal for the owners of any real
estate to permit upon or otherwise fail to remove
graffiti from any such real estate.
9 . 17 . 030 REMOVAL.
If the owner of any real estate permits or
otherwise fails to remove graffiti , the city shall
be entitled to enter onto any such real estate and
remove such graffiti upon ten ( 10 ) days ' written
notice, sent by certified mail, return receipt
requested in addition to the imposition of any other
applicable rights and penalties . Such notice shall
advise the property owner that unless the subject
graffiti nuisance is abated or unless the property
owner objects to the entry onto the subject property
in writing to the Director of Code Administration
and Preservation on or before a date certain, which
date shall not be less than ten ( 10 ) days from the
date of mailing, the city shall enter onto the
subject property and abate the nuisance as provided
herein. In the event of a timely written objection
as provided herein, the city shall file an action in
the circuit court complaining of a violation of the
provisions of this chapter, and requesting an order
authorizing entry onto the subject property to
remove the graffiti and for such other relief as may
be provided by law.
9 . 17 . 040 LIEN.
Except as provided in Section 9 . 17 . 060, if
graffiti is removed by the city or by someone
directed to remove the graffiti on behalf of the
city, a notice of lien of the cost and expense
thereof incurred by the city shall be recorded in
the following manner: The city or the person
performing the service by authority of the city, in
its or his own name, may file notice of lien in the
office of the recorder of deeds in the county in
which said real estate is located. The notice of
lien shall consist of a sworn statement setting out
a description of the real estate sufficient for
identification thereof, the amount of money
representing the cost and expense incurred or
payable for the service, and the date or dates when
said cost and expense was incurred by the city, and
shall be filed within sixty days after the cost and
expense is incurred.
For the purpose of this chapter, cost and
expense shall be a sum equal to the actual cost of
graffiti removal plus an administrative fee equal to
the actual cost of graffiti removal, but not less
than fifty dollars nor more than two hundred fifty
dollars , to cover general overhead, inspection
expenses, location of and notice to owner, and
incidental and related actions .
Upon filing of a notice of lien as provided
herein, the city shall have a lien upon the land
described therein and upon which the graffiti
removal or other service have been made to secure
cost and expenses thereof and nine percent interest
per year on the amount, which interest shall begin
accruing sixty days after the cost is incurred.
Such lien shall be in addition to and shall not
constitute a waiver of any additional penalties,
including but not limited to fines, as may be
available by law.
9 . 17 . 050 RELEASE OF LIEN.
After notice of lien has been filed a release
of lien shall be issued upon payment of the cost,
expenses and interest as provided herein. The party
seeking the release shall be responsible for filing
same in the office of the recorder of deeds for the
appropriate county.
9 . 17 . 060 VOLUNTARY GRAFFITI ABATEMENT PROGRAM.
The owner of any real estate may enter into the
voluntary graffiti abatement program. To enter into
said program, the owner of real estate shall execute
a written agreement with the city which authorizes
the city to enter onto a subject property at any
time graffiti appears thereon. Such agreement will
also provide that the owner agrees to release and
hold harmless the city and the city' s agent or
contractor from any claims for damages resulting
from working or otherwise removing graffiti on a
property. Graffiti removal done pursuant to the
voluntary graffiti abatement program shall be done
free of charge to the owner of the real estate.
9 . 17 . 070 ENFORCEMENT.
It shall be the duty of the Director of the
Department of Code Administration and Preservation
to enforce the provisions of this chapter and to
administer the preparation and filing of all notices
and demands provided herein.
9 . 17 . 080 PENALTY FOR VIOLATION.
Any person, firm or corporation violating any
of the provisions of this chapter shall be fined as
provided in Chapter 1 . 20 of this code. Any such
fine shall be in addition to the obligation to pay
the costs of graffiti removal as provided in this
chapter. "
Section 2 . That all ordinances or parts of ordinances in
conflict with the provisions of this ordinance be and are
hereby repealed.
Section 3 . That this ordinance shall be in full force
and effect 10 days after its passage and publication in
pamphlet form by the authority of the City Council .
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: June 14 , 1995
Passed: June 14 , 1995
Omnibus Vote : Yeas 7 Nays 0
Recorded: June 15, 1995
Published: June 15, 1995
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
City
of
Elgin
.4 OF
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Report of the Graffiti
Task Force
February 1995
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TABLE OF CONTENTS
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ISUBJECT PAGE(S)
IElgin Graffiti Task Force Membership Listing 2
Letter From The Chairperson 4
ITASK FORCE REPORT
Introduction 6
Extent of the Problem • 7
IEducation and Enforcement Programs 9
iTask Force Recommendations 12
Additional Recommendations 14
APPENDIX
dYearly Gang Related Graffiti Totals 1988-1993 A-1
JMonthly Gang Related Graffiti Totals 1993 A-2
$ample Warning Sign Reference Sale of Spray Paint A-3
dSample Business Brochure Outlining Anti-Graffiti Options A-4
dProposed Draft Graffiti-Removal Ordinance A-5
Sample Curfew Ordinance A-6
State Law on Improper Supervision of Children A-7
1111 Schaumburg Ordinance on Curfew and other Crimes A-8
diSteamwood Ordinance on Curfew A-9
Hanover Park Curfew Ordinance A-10
diCarpentersville Curfew Ordinance A-11
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CITY OF ELGIN_GRAFFITI TASK RCE
I ( ./,k4-6._.) 4 `
Chief Charles A. Gruber, Chair _AA,
I Elgin Police Department
150 Dexter Court
Elgin, Illinois ; \
i i I , ,
r Below ,tMs. Sanda ,f ,;
36 Joslyn Drive
Elgin, Illinois
Mr. David Z,iegler _ - /21,G �'�
J 215 N. Spring Street
Elgin, Illinois
Ms. Bonnie Rodriguez :1,... o,: �- 7,a. i.,.....-- �I
:�
' -
U.S. Can Company
1717 Gifford Road
Elgin, Illinois
( 4 ifteitot"---------
11 Mr. Robert Jacobsen
U.S. Can Company
1717 Gifford Road
Erin, Illinois
Mr. Jim Beavers 7Zii ,7gi .L,
J United Steel Workers of America •
89 Castlewood Drive
Carpentersville, Illinois
Ms. Judith Browne i" ig��,
636 Park Street
JElgin, Illinois
Ms. Pat DiPrima ell1,21.?? )iU1
74 Highbury Drive
Elgin, Illinois
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Advisors
/ -;--
II11. Paul McCurtain , I.6 i. .i
D. Scott Davis /1---- I' e at ���I� ._L
Sgt. Brod Ender (L , ,A.LX.'
‘,./....
IISgt. Joseph Kline 1,,,,,...Z__
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Officer Terry Knott ' . ,L•t-'''
Elgin Police Department
150 Dexter Court
Elgin, Illinois
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ELGIN POLICE DEPARTMENT CHARLES A. GRUBER
III
Police Chief
708/931-6000
150 DEXTER COURT � ,
ELGIN. ILLINOIS 60120 SSSS FAX 708/931-60_8
i 'E .,,,,:,,,in ERIC K. ISO�t`. i Special Operations - Depun Chief
/ ._, 708/931-6002
*D•� ',�oWARREN A.HEINE
a
q... a Field Operations -Depun Chief
\k++e n I2/4.1 708/931-6003
JAMES J. BURNS
Administration - Depun Chief
708/931-6004
LETTER FROM THE CHAIR
August 8, 1994
TO THE CITIZENS OF ELGIN:
On behalf of the City of Elgin Graffiti Task Force, I am pleased to present the Task Force's
report on graffiti in Elgin. The Task Force was formed in 1994 by the Mayor and City Council
ito research the problem of graffiti in our community and make recommendations for addressing
the increasing numbers of graffiti-related incidents.
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Graffiti affects everyone. It impacts people coming into the community and viewing it; deters
illpotential customers from shopping; causes people to feel unsafe; and, gives the impression that
__people in the neighborhoods or businesses where graffiti is displayed do not care about their
illProperty
The Task Force consisted of citizens, law enforcement personnel, business people, and labor
Irepresentatives. Meetings were held and materials were gathered from other communities in an
attempt to analyze the problem and develop suggestions for effective courses of action for the
future.
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ELGIN, THE CITY TO WATCH • CITY HALL • 150 DEXTER COURT • ELGIN, ILLINOIS 60120-5555 • 708/931-6100
L: PRINTED ON RECYCLED PAPER
The objectives of the Task Force were to answer the following questions:
1. To what extent do incidents of graffiti occur within the City of Elgin?
2. Who are the offenders?
3. What types of education and enforcement programs are now in place?
4. What recommendations should be made to address the problem of graffiti-related
incidents in the City of Elgin?
As a result of the efforts of the Task Force and research conducted using information from the
Crime Analysis Unit of the Elgin Police Department, it was determined that incidents of graffiti
Iare quite common in Elgin and the need to increase both community and law enforcement
recognition of this problem is apparent. This is not an indictment of any neighborhood or the
1 community itself. It is merely an acknowledgement of a community challenge presenting itself
Itoday, which we may endeavor to impact in the future through a cooperative effort within the
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coinmunity.
I t wish to commend each Task Force member for his or her efforts in serving on this group.
Special thanks to Ms. Diana Grubb, Crime Analyst for the Elgin Police Department, for
providing us with important statistical data on graffiti-related offenses. Hopefully, the
Jinformation compiled in this report will benefit the community for years to
ISincerely,
I CHARLES A. GRUBER
CHAIR
ELGIN GRAFFITI TASK FORCE
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Introduction
The word graffiti was originally used by archaeologists to describe drawings and writings
found on ancient buildings and monuments in Pompeii, in Egypt, and in the Roman
Catacombs. The word appears to be derived from the Latin word "graphium",which
means "to write", Historically, graffiti may have been used to depict current events.
Today, if done without permission, graffiti is vandalism, and a violation of the law.
During World War II, American soldiers scrawled messages on vehicles, aircraft, and
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even their sleeping quarters. The invention of spray paint gave rise to the modern
graffiti vandal, and today, many of our neighborhoods throughout the United States are
defaced with graffiti, which costs taxpayers millions of dollars to remove from items such
as road signs, telephone poles, public transportation equipment, and building walls. •
Graffiti may consist of slogans or drawings, crudely painted, scratched or scribbled on
a wall or other public or private surface. To many citizens, graffiti represents thoughtless
vandalism or childish pranks. Graffiti basically comes in one of two forms. The first form
of graffiti is gang graffiti. Offenders are usually members of violent street gangs. To the
gang member, graffiti is a clear marking of territorial boundaries referred to as "turf".
Graffiti also serves as a warning and challenge to rival gangs. Gangs will use graffiti on
any available space to advertise their gang.
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Tagger graffiti involves offenders who are loosely knit groups, sometimes called
"crews". They are adolescents, deriving entertainment through vandalizing public or
private property with "tagger" art. While tagging, the individuals generally write their
own tag name and crew initials, but may also write the names of other crew members.
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The prestige of thetagger or crew is determined bythe number of displays andlor size
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of the graffiti.
FxtQnt of the Problem
Incidents of graffiti come to the attention of the Elgin Police Department either through
identification by an officer on patrol or through a report made when an incident is
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discovered by a property owner, tenant, or passing citizen. As with all crimes, most are
not reported to police. In addition, officers may not observe many instances of fresh
graffiti because the location is not readily visible to an officer, on the inside of a
- building, etc.
The following incidents of graffiti were located in the files of the Elgin Police
Department for the individual years listed below:
Year Number of incidents
1988 48
1989 61
1990 62
1991 65
1992 31
1993 125
TOTAL 392
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The incident totals to date for the year 1994 have not been finalized. In April of 1994,
an officer assi ned to the Unit for Special Assi nments conducted a series of 59
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interviews surrounding several acts of graffiti occurring within the City of Elgin.
During the investigation, the officer uncovered 362 acts of graffiti. One leader of a
group of "taggers" was arrested and charged with a felony. After that arrest, the
incidents declined in frequency. An analysis of the 1993 totals for incidents of graffiti
reveals the majority of incidents were reported during the months of May through October.
This is not surprising, since weather conditions are most conducive for spray painting
activities during the warmer months.
III. Offender Profiles
Graffiti crimes are largely committed by juveniles. The files of the Elgin Police
Department verify this phenomena. The most common tool used is aerosol spray paint,
although other tools may be used as well. Some graffiti crimes use markers or brush
' paint, while others use torches or other heat instruments. Occasionally, offenders will
use carving instruments to create graffiti.
Most graffiti within the City of Elgin is gang-related. It is either the work of actual I
gang members or taggers. Department investigators report that they experience much
greater numbers or tagger-type graffiti incidents than those committed by gang members.
1 The result is quite the same - gang identification and advertisement of gang presence.
' One group which was responsible for numerous acts of graffiti was recently curtailed
because a leader was apprehended. It was found that most of the crimes were done after
midnight. The offenders were all juveniles and in violation of curfew laws. Many
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graffiti offenders work late at night or in the early morning hours to avoid detection.
The likelihood of witnesses is remote, and the crime is not generally detected until
daylight.
The City of Elgin does not have a curfew ordinance. Curfew violations are cited under
the Illinois Compiled Statutes. Elgin is one of the few suburban communities that does
not have a City ordinance regarding curfew violations. A draft ordinance has been sent
to the Corporation Counsel's Office for review.
111 IV. Education and Enforcement Programs
Currently, the Elgin Police Department Community Relations and Crime Prevention unit
provides educational programs within Elgin schools. The D.A.R.E. (Drug Abuse
Resistance Education) Program and G.R.E.A.T. (Gang Resistance Education and
Training) Program are two examples of pro-active programs aimed at crime prevention.
Since the D.A.R.E. curriculum is structured and limited in subject areas, instructors would
not be able to include an anti-graffiti curriculum. The G.R.E.A.T. Program, offered in
middle schools, provides an opportunity for anti-graffiti education, and this is being done.
But limiting the student audience for anti-graffiti education to only those middle school
students who are involved in the G.R.E.A.T. program is inadequate.
Educational programs need to be delivered at a much earlier age than middle school
years. Since apprehended graffiti offenders in some cases have been much younger than
those attending middle school, it is imperative that every effort be made to educate
students at the earliest possible opportunity about this insidious community problem.
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Coloring books, video presentations, contests, and lecture presentations all should be
used in an effort to impact the number of incidents of graffiti. Such initiatives must
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include a commitment from the schools, parents, law enforcement, and the community,
to work together to dissuade young people from engaging in such criminal activity. In the
same way that primary grade students are taught school safety classes, so too could they
learn at an early age about respecting the property of others.
11 Enforcement of graffiti crimes by the Elgin Police Department occurs whenever an
incident comes to the attention of a police officer and an offender is located. The Task
Force noted that Elgin does not currently have a graffiti hotline as some communities do.
This might increase the apprehension rate ofoffenders and expedite graffiti removal
procedures, depending upon its application.
iCurrently, juvenile offenders, (those under the age of 17), are referred to the Juvenile
Division of the Elgin Police Department. If the incident involves substantial property
defacement, a delinquency petition is filed and the matter is referred to juvenile court.
If the matter isnot referred to juvenile court, it can be scheduled as a vandalism offense
111 in Elgin Court under section 10.65 of the Elgin Municipal Code entitled "Vandalism".
The child could be fined up to $500.00 for each offense. Parents or legal guardians are
liable for acts of vandalism committed by minors under their supervision. In the case
of property damage incidents by juveniles brought to juvenile court, the minors are
required to perform between 30 and 120 hours of community service as part of their
sanctions. Parents are liable for actual damages committed by minor children under their
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supervision. (720 ILKS 5/21-1.3).
Adults, (those 17 years of age and above), apprehended for graffiti offenses, may be
charged with Criminal Damage to Property. If the amount exceeds $300.00, or, the
offense is the second one committed by an individual with a previous conviction, he/she
is charged with a Class 4 felony. There is a mandatory sentence of 30-120 hours of
community service upon conviction for this offense.
An adult may instead be charged under the Elgin Municipal Code for the offense of
"Vandalism" for committing a graffiti-related offense. The maximum penalty allowable
for each offense is a fine not to exceed $500.00. Several communities have enacted
graffiti removalordinances requiring property owners to remove graffiti from locations
under their control within a specified time period.
There are varying strategies which have been employed to enforce such ordinances. The
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spectrum runs from enforcement without local government assistance, to communities
` who actually assist in removing graffiti or providing solvents or cleaners to the citizen
to facilitate removal. Elgin does not currently have an anti-graffiti ordinance
requiring such removal.
Some communities have passed ordinances prohibiting the sale of aerosol spray,paint to
persons under the age of 18. In Elgin, at least one hardware store, upon request, has
agreed not to sell spray paint or markers to persons under the age of 18. While such
programs may appear ineffective, they show at a minimum the community's commitment
to acknowledge the problem and a combined effort between citizens, the business
community, and law enforcement to develop solutions.
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liV. Task Force Recommendations
II The Elgin Graffiti Task Force hereby submits the following recommendations for
consideration to the Elgin City Council, after studying the issue of graffiti and its
1 impact on the community.
I. The City of Elgin should adopt zero toleranc-" .pproach toward graffiti.
Graffiti affects everyone and - -'ty should commit to a plan to abate this
problem whenever possible.
2. Members of the community and the Elgin Police Department should
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promptly re rt graffiti incidents when discovered. By promptly reporting
an removing graffiti, a message will be sent that it is undesirable and
will not be tolerated. In addition, prompt reporting will assist in crime
analysis .and attempting to develop patterns of behavior to aid in
apprehension. ;.
3. Anti-graffiti education should be increased. The efforts underway in the
G.If:EAT. Program are a good start. Yet, it is evident that earlier
education would be beneficial. Brochures, films and lectures should be
used with primary grade students to make an impact at an early age
concerning the problems of graffiti-related crimes. Programs such as the
f , annual Anti-Vandalism Poster Contest sponsored by the DuPage Board of
Realtors should be considered. Involvement of local civic groups and
ill ' - commercial establishments aimed at reducing graffiti-related offenses
should be considered. >;:
4. The City of Elgin should consider adopting an anti- raffiti ordinance.
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Such an ordinance would require the property owner to remove gra iti
within a specified time period. The decision as to how much the City will
II be involved in facilitating removal is largely a political one, therefore,
no recommendation is made. Currently the City has an existing
Community Restitution Program where individuals perform community
III service as assigned by a judge. Their involvement could perhaps be part of
a graffiti-removal assistance plan if the City chooses to render assistance.
(See Appendix for Sample Ordinance).
111 5. The City of Elgin should adopt a ew ordinance Currently the State
law is utilized and it would be much--m tcient to adopt an ordinance
111 to address this issue. Because most graffiti offenders are juveniles, this
would be beneficial in combatting incidents, most of which are
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committed during late night and early morning hours.(See Appendix for
sample ordinance)
6. The Elgin Police Department should develop a systematic tricking
program hi:hli:htin: areas where :raffiti incidents are re••rted and
dep oy personnel to deter patrol activities in areas where incidents occur.
I .••i ion, 'o ice department supervisors should emphasize the need for
patrol personnel to act whenever an incident of graffiti is discovered. This
is especially true when incidents are discovered on vacant buildings, where
the owner may have left the area or rarely visits the location. Simply
waiting for the owner to act by himself/herself is inadequate. The image
of an entire neighborhood may be affected by graffiti remaining in place.
Expecting the owner, property manager or other responsible agent to
remove graffiti is a goal, but will not occur in some instances without
suggestion or encouragement
7. The Police Department's Crime Prevention Unit_ should a nk on
concerted effo • :. .i- corn it I't u• .• • for the removal of graffiti
and "zero to, l_ aaNe fo" r graffiti offenses. Brochures should be developed
and distributed. Signs, such as the one attached in the Appendix of this
report, should be displayed by businesses selling spray paints and markers.
Those persons engaged in such businesses should be recruited as part of
the community commitment aimed at eliminating the existence of graffiti.
S. graffiti hotline should be established which could be maintained at
City • or e 'olice Department. This hotline would encourage citizens
- to promptly report graffiti incidents and generate the graffiti investigation
and removal process. This number would be distributed City-wide, using
the newsletter, local news media representatives and the Crime Prevention
Unit of the Elgin Police Department.
' 9. Persons convicted of graffiti-related offenses within the City of Elgin
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should be assigned community service hours in Elgin. Part of their
community service s. •► • .• •• •- : . ' - ov. •uties.
10. The Elgin Police Department, through its existing reward funds, should
' encourage citizens to report information on graffiti offenders, and publicize
the fact that rewards will be paid for information leading to the arrest and
conviction of those persons committing graffiti crimes.
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Additional Recommendations
As part of the Graffiti Committee's recommendations to the City Council, we would encourage
them to support the key legislation and programs that are in this package and that will be
forthcoming in the next several weeks. The proposals in this comprehensive package will need to
include additional local ordinances to reinforce and assist in the deterrence of juveniles who would
be involved in not only graffiti, but other illegal acts as well. Included with the proposed
ordinances for Curfew and Improper Supervision of Children, would be changes in the way that
a juvenile is brought into the judicial system for minor traffic offenses with the use of a local
ordinate violation ticket and an alternative method of handling the first time juvenile offender,
by utilizing a Teen Court. Last but not least, there will be a renewed effort by the police
department to locate, return, and deter truants from school.
Ordinance Proposals
One fact that became apparent during the investigations into the increase in graffiti in Elgin was
Ithat a substantial percentage of the graffiti was being committed during the hours that violate the state curfew law. Currently, curfew is classified as a "Status Offense" by the Juvenile Court
Systems of both Cook and Kane County. A "Status Offense" is any violation of a law or ordinance
Ithat were it not for the age of the offender, there would not be an offense. Examples of "Status
' Offenses" include, but are not limited to Curfew and Possession of,Alcohol or Tobacco Products
by a minor. The Juvenile Court Systems will not accept a referral of a juvenile into court on;a
"Status Offense" unless it is accompanied by a criminal violation. Therefore, there is no means
of bringing a juvenile into the Juvenile Court System for a curfew violation, including repeat
offenders.,What this amounts to is that there is nodeterrent in the current state law. Other
municipalities in the area have enacted local curfew ordinances as a means of rectifying the
problem. By enacting a local ordinance for curfew, the juvenile could be cited into court and face
a possible fine, imposition of community service hours, or transfer of the case to a teen court. The
enactment of this ordinance would provide an effective means of deterring juveniles from being
out after curfew and reduce the opportunity for crime that the juveniles could be involved in.
In conjunction with the enactment of a curfew ordinance will be the need to enact a municipal
ordinance for Improper Supervision of a Child. Currently, the City of Elgin has parental I
responsibility ordinances for vandalism and a child who comes into contact with a firearm.
However, there is no means for holding the parent responsible for the illegal actions of their child.
The numerous repeat curfew violations by selected number of individuals who reside in this city,
whose parents are totally indifferent to their child's actions and in no way try to curb the child's
Iillegal activities is one demonstration of the need for a local ordinance for Improper Supervision
of a Child. The ordinance could be utilized in juvenile alcohol and tobacco related offenses, as
I well as criminal offenses. The ordinance would allow a police officer to cite a parent into court
along with the child for repeat offenses in which the parent had received a prior notice of the
child's illegal activity and had failed to take any steps to deter the child's illegal behavior.
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Curfew
10.41.010 Unlawful acts designated.
A. It is unlawful for a person less than 17 years of age to be present at or upon any public
assembly, building, place, street, or highway at the following times unless accompanied
and supervised by a parent, legal guardian, or other responsible companion at least 18
years of age approved by a parent or legal guardian or unless engaged in a business or
occupation which the laws of this State authorize a person less than 17 years of age to
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1. Between 12:01 A.M. and 6:00 A.M. Saturday;
2. Between 12:01 A.M. and 6:00 A.M. Sunday; and
3.Between 11:00 P,M. on Sunday to Thursday, inclusive, and 6:00 A.M.
on the following day.
4 B. It is unlawful for a parent, legal guardian, or other person to knowingly permit a person
in his custody or control to violate this section.
1 10.41.020 Penalty
.A,person convicted of a violation of the provisions of this chapter shall be fined an amount
not to exceed $100.
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Improper Supervision of Children ::
10.42.010 Unlawful acts designated.
I Any parent, legal guardian, or other person commits improper supervision of a child when
he knowingly permits a child in his custody or control under the age of 18 years to commit
an act tending to break the peace or violate a municipal curfew ordinance.
10.42.020 Penalty.
A person convicted on improper supervision of a child shall be fined an amount not to
exceed $100.
Procedural Changes
Ordinance Violations on Tickets
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Purpose
As a means of more effectively utilizing police department personnel, a program is being
developed which would enable a police officer to enforce minor traffic ordinance violations with
the issuance of a P-ticket instead of the more cumbersome paperwork associated with the current
enforcement of the ordinance. This will provide a reduction in the time an officer is required to
utilize handling minor violations and still initiate enforcement action. The violation would be
handled administratively, yet provide a means of court review if requested by the defendant. This
would reduce some of the volume in the court system and allow the judicial system to handle more
important matters. This method of initiating enforcement action would be examined to determine
if it could be legally expanded to include ordinance violations other than traffic on a citation
versus the current legal paperwork.
Use
The municipal ordinance violation ticket administratively handles the offenses delineated, by the
payment of a fine only. The proposed ticket would consist of a three part form that requires fewer
entries by the officer than is currently required on a traffic citation, would require no bond, and
would be handled predominantly administratively. The offender in the incident can request a
bearing by a judge in municipal court within a 10 day period from the issuance date, and a court
date is then scheduled.
An example of the use of the ticket is the hazardous actions of a pedestrian crossing a street in the
middle of the block, without having checked traffic to determine if it safe to do so. Consistently,
. several instances have been observed of groups of students crossing McLean Blvd. and Larkin
Ave., in the area of Larkin High School during the morning rush to get to school and after school
havended for the day without having checked traffic to determine if it is safe to do so. The result
has been one of near collision between the juvenile students and a moving motor vehicle, not to
fnention the resulting evasive action having to be taken by drivers in trying to avoid the pedestrian
which can cause a vehicle accident. Currently,the officer observing the incident can stop as many
of the individuals as possible and issue a traffic citation to each offender, which takes time and
requires a bond or recognizance be issued for the release of the individual cited. This is time
Consuming when there are a number of individuals involved in the activity, as there are before and
after school.
This type of problem is not unique to Elgin and the Village of Buffalo Grove has addressed a
similar problem with success, utilizing the municipal ordinance ticket. Since the start of the
utilization of the municipal ordinance ticket, Buffalo Grove has reduced their issuances from as
many as 60 to 3 per day, with an accompanying reduction in the number of incidents of the
targeted violation.
16
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Truancy Prevention Program
111 Purpose
In an effort to reduce the number of truant students, the police department will target school aged
juveniles with the intent to reduce the opportunity for the juveniles to become the victims or
perpetrators of crime, and to provide a positive reinforcement to youths who stay in school.
Truancy is a symptom of a deeper problem that calls for interaction with the schools, family and
the police department. With a combined effort, the truant student can be addressed on a one-on-
one basis and an attempt will be made to get to the root of the problem. Once the problem is
identified, direct interdiction by community social service agencies and the schools can lead to a
positive experience for our youth.
Patrol officers will be utilized primarily to respond to requests from citizens concerning a truant
student and to actively observe locations that students frequent in order to locate and return the
truant student to school. The police department would focus on locating and returning the truant
student to the classroom with the following program. Once returned to school, the school's social
worker can begin to address the deeper problems and hopefully stop the slide of these troubled
youth.
Truancy,Program
Whenofficerobserves an obse es a possible truant juvenile, the officer will conduct a field interview with
the juvenile. The officer will question the juvenile regarding his or her absence from school and
Imay briefly detain the juvenile in one location to investigate the matter. The officer may contact
the juvenile's school to confirm whether he or she is excused, suspended, or truant. If the officer
is able to determine that the juvenile is truant, the officer is authorized to transport the student to
either the school in which the student is enrolled (if it located within a reasonable distance), or any
ublic school located nearb
11
Prior to transporting the juvenile, the officer should ask the communications personnel to notify
the student's enrolled school as to the disposition of the student whether it will be the return of
I Ithe student to the enrolled school or the name of the school to which the student will be
transported. Upon arrival at the school, the officer will bring the student to the administrative
offices and turn the student over to the principal, assistant principal, designated dean, or school
I I liaison officer. The officer should brief the designated school official of the reason or nature that
the officer came into contact with the student. Unless there are extenuating circumstances, the
officer may leave the school. It will be the school's responsibility to contact a parent or guardian
Iconcerning the student's truancy and to take such steps as it shall deem appropriate to deter future
acts of truancy by the student.
I I
After depositing the juvenile at the appropriate school, the officer will generate a truancy report
LI
17
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which will be routed to and logged by juvenile division personnel. Should the log indicate that
a juvenile is a habitual offender, the matter will be referred to a juvenile officer and social worker
for follow-up. The police personnel will contact the juvenile and parent to determine if a greater
underlying problem exists. Should the parent and/or juvenile refuse to take positive steps to deal
with this problem, enforcement action will then be considered against the parent. The parent may
be charged under the parental responsibility law and forced to comply with the juvenile justice
system or the Teen Court if appropriate.
4
It is clear that truancy is a warning sign of future problems. If immediate and concise action is
not taken to address this issue, it will grow into a bigger problem.
11111
18
Teen Court
Philosophy
The Teen Court is designed as an alternative to official court and school punishment of teens.
Because their peers play all the major roles in the proceedings, teens tend to take very seriously
the decisions of the Teen Court. The teens that staff the court treat the teens that appear before
them with understanding, and try to listen for factors at home, school, work, or play that may be
causing the teen's problems.As peers, court members understand best the problems faced by teens
and develop interesting and effective ways of helping the teens change their behavior and attitudes.
Brief Overview
The purpose of "Teen Court" is to give teens an opportunity to be tried for "Status Offenses" and
minor traffic offenses by a jury of their peers.
The jury consists of teens from ninth through twelfth grade. The bailiff, court clerk, attorneys for
the prosecution and defense are also high school students.
The jury decides how many hours of community service should be served, if any. Alcohol and
Drug Education classes, or any other suitable alternative social program may also be assessed.
Upon successful completion of assigned duties by the offender, all charges are dismissed.
1
Our goal is to prevent future illegal behavior by placing responsibility upon the offender and by
' positive peer pressure.
In areas where the 'Teen Court" has been established, there has been a marked drop of the
recidivism rate.
Purpose
The purpose of"Teen Court is to give teens an opportunity to be tried for "Status Offenses" and
minor traffic offenses by a court of their peers.
'
The jury consists of teens from ninth through twelfth grades. Attorneys for the Prosecution and
' Defense, the Bailiff, and Court Clerk are also high school students.
The jury does not decide guilt or innocence - only the punishment that is to be assigned to the
' offender.
The jury decides how may hours of community service should be completed, if any. Free Alcohol
' and Drug Education Seminars may also be assigned.
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Upon successful completion of assigned duties by the offender, all charges are dismissed by the
referring Judge.
Our goal is to prevent future illegal behavior by: (1) placing responsibility upon the offender and
by (2) positive peer pressure.
In areas where the "Teen Court" has been established, there has been a marked drop in the
recidivism rate of teens who have been involved in the program.
Program Description
In Illinois, "Status Offenses" are offenses committed by minors, that were it not for their age, the
act would not be illegal. These offenses relate to truancy, curfew, and minors in possession of
alcohol or smoking materials. In those instances for which the minor is apprehended for one of
the previously mentioned offenses, the Juvenile Court System will not hear the case unless it is
accompanied by a companion criminal charge. This leaves a gap in the deterrence and punishment
effects for the offenses described. In response to the lack of options available for "Status
Offenses," municipalities have resorted to enacting local ordinances for the offenses which are
routinely handled with citations and fines through the Municipal Courts. With the ever increasing
court call volume, the addition of the minor juvenile traffic violator and the status offenses have
strained the system, which is restricted in the sentencing that can be handed out.
By creating the Teen Court, Municipal Court Judges will be able to refer these matters to local
teen courts.,After pleading guilty in Municipal Court, teen offenders are required to attend a
session of the Teen Court where evidence is heard and alternative sentences given
Local teens serve as prosecuting attorney, defense attorney, judge, and jury. Local volunteer
attorneys train teens to become attorneys, bailiffs, judges, and jurors. Staff members serve as
sponsors for the Teen Court and as officers of the courts. Parents are required to attend the Teen
Court with their teen offender.
1 _ k
After evidence is heard, alternative sentencing is given and usually consists of community service,
educational seminars on such topics as alcohol or drug abuse, service on the teen court itself as
a juror, or group projects. After completion of alternative service, the Teen Court informs the
Municipal Court of the disposition of the case and the presiding judge can insure that the teen's
record, for that offense, is dismissed.
Local middle schools and high schools can also use the Teen Court as an effective alternative
method to empower students to achieve excellence by maintaining discipline, good school
attendance, and appropriate school behavior. Administrators can use the Teen Court as an
alternative to suspension. Cases that can be handled in the school referrals to the Teen Court
Iinclude tardiness, excessive absences, disruptive behavior, truancy, etc.
Teen courts are unique collaborations involving judges, municipal courts, school administrators,
Icommunity agencies, and the local bar association. They are unique in that they serve both
20
youth-at-risk (offenders) and youth leaders (members of the teen court clubs),In fact, they will
bring these groups together since past offenders often times join the teen court and participate both
in court activities and other community sponsored conferences and special events.
Teen courts have been utilized in other locations as an effective means of discipline using positive
peer pressure. More importantly, teen courts serve as important instruments in values, education,
and leadership development.
Teen Court Organization
The Teen Court would be an alternative sentencing option afforded the Municipal Court, which
would allow judges to send juvenile offenders to a teen court program. The teen court program
is a deferral program where minors attend a "court session" and are sentenced by their peers. :It
may be used in any "Status Offense" or minor traffic offense which is a violation of state law or
local ordinance. Approval of the request for teen court is within the discretion of the court.
The Teen Court is a unique opportunity for the community to become involved in the education
of juvenile volunteers and offenders. Teens, through their active involvement, are afforded a way
to learn how our judicial system works and to realize their roles in the community. It also gives
first time juvenile offenders a second chance opportunity through community service ordered by
their peers.
Fligihility rit ria
The juvenile is under 18;
The juvenile is enrolled full-time in school leading to a high school diploma; •
The juvenile pleads guilty or no contest in open court with his/her parent or guardian
present;
The juvenile requests the teen court program; and
The juvenile has not successfully completed a teen court program within two (2) years
• preceding the date of the offense charged
administrative fee may be assessed,
If the juvenile fails to complete the program, the juvenile is not entitled to a refund; the
court could apply that money towards fines or costs later assessed upon the juvenile's
non-compliance, but there is nothing that requires the court to do so.
Teen_I2efendant_
Meets eligibility requirements previously listed; and
Abides by the rules of the court.
11
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1' Teen Court Judge (Teen Volunteer):
III . Provides brief orientation of the Teen Court Program and procedures at the
beginning of each court session;
11 . Rules on courtroom procedure and points of law;
Meets with the Teen Court Coordinator to approve choice of court personnel and
to review cases;
. Assists in training court personnel;
Represents Teen Court to youth groups, civic organizations and engages in other public
relation activities; and supervises defendants and volunteers on work projects, as needed.
.11
Teen Court Cc. •'e. • u . e. • - : leu'e' :i e- -.- e • s •
i —
Determines eligibility of an offender for the Teen Court and refers ineligible youths
to appropriate resources, as necessary, through contact with the offender and his/her
parents,and the Teen Court Coordinator
. Meets with the Judge to review cases;
1 . Oversees court scheduling and case disposition;
. Develops and monitors defendant referrals & placements;
Recruits, coordinates, supervises, and trains teenage & adult volunteers working in
Teen Court activities.
Represents Teen Court to youth groups, civic organizations & engages in other public
relations activities, as necessary;
• Performs general administrative & clerical duties;
Schedules work projects for defendants; and
Instructs jurors on discipline and types of sentences.
I Prosecutor and Defense Counsel (Teen Volunteer):
• Represents the state's or defendant's interest during proceedings;
Questions defendant to establish intentions, motivations and remorse;
▪ Suggests to the jury the appropriate sentence; and
Complies with standards of professional conduct.
ill Bailiff(Teen Volunteer)
. Participates in courtroom proceedings;
Aids judge in maintaining order in the classroom;
. Escorts the defendant into and from the courtroom; and
Assists jurors in rotation process.
Court Clerk (Teen Volunteer):
I . Participates in courtroom proceedings;
li 22
' Calls each case before the court; and
Provides the judge with necessary reports, etc., regarding cases.
Jury (Teen Volunteer):
Listens to cases as presented by courtroom personnel;
Determines discipline for defendant.
Duty Of The Court Ilpon Completion Of Teen_Court Program:
If the juvenile completes the program successfully within the 90-day deferral period, the court
must dismiss the charge.
23
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APPENDIX -- .. :.:. -...: :.:. •
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,.:::::,::::::::::...... : ..... .:" ....... .. . '''•••. .
.,.,:: :: .. : .. .. .. . ..
.:::... •........ .:::......... . .... . . .
I ..•:•,:...:.::÷::„:::::.....:.............:::. . •. • : . . .:„......:.. ...,.........•.::::.....:...: :.:.::....................-..-•-•.:..::-,..-.::::,-.„.:::-.:.,...,..;;„„„,..:.::,...:-..::.::......::::::::::::::::;:.:.,..:.:..:..............•...... . . ..... .. ... . ....:3::::::.::.:.:::::•:::.:..:.::.:::.::,::::::::.::.:.:.,........,:.::.•••i::.:.,...:::„:.,,:::::::.:.:::::„.:,.,:„., ..::•::•,::,:.::::....7... .. . .. ... ..1
1 •
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1
■ — is -VS 'Vs "iii ` --ds 'i " — 's "limo -SE -ibis - --ism atom -mow --as
Reported GanGraffiti
Related
1988itit,
`' „ 11`t •
i r sr� • 48
1989 ,� .."4.".'.' N, �;t. �► � , .� 61
4: ..
1990 ' `ky -'..,,,,P:'7...,!.,. :y• 4 . w. 62 .
i , 41991 "P Vi .► . . t 65
'1': ; ;I�` j
1992 • ',.:44‘.:c '' riitelt '. 31
1993 �, a&
..} R
L /,4 , I, ,,y, pit" rl ! %'fi r �- J" `. *.• _. •8
.�L,. x: ;.. 125
0 20 40 60 80 100 120 140
■ Yearly Graffiti Totals
NM 1111111 NM E MN M MN NM II= On M MI MN
Reported Gang Related ' '
Graffiti
1993
June 6 1W 28
July 11 r ::A-At . r? t
3 b t tt.,W 4g .'""° Apri 5
ebruery 2
January 4 •
''1• c t . ti : �kf�
}
r rr.Jpyr? i !4414' .
? st a ' 4t "
December 4August 20 d ..I.0,4,-.4 ,-
-t
./.., j5 :1. November 8a • k •,, � ,i
1t7lE7 i:,
September 14
October 24
I
E
ZeigIw's4 4' I fifardware
Jfelprng You With All You Do
- 1 . k 4 i 1 ; ' ,
. 1, I i j I. i i , ( i I ; ( 4i
8 . , : . , i , „ ,
i t All. .• i it p 1g ?• '�
i I
k{, +• i � t 't I is 4
i i tt i 44 1 4 i
W
In cooperation with the City of Elgin
Police Department, Zeigler's Ace
Hardware has voluntarily agreed
not to sell spray paint or felt markers
to individuals under the age of 18.
Elgin Pollee Department
NM — NM r M I N MN M — MN NM MN — En MN r — —
• WHAT IS GRAFFITI ? 'Provides for mandatory 30-120 hours of community
'Graffiti Is inscriptions, slogans, or drawings service for minors found delinquent or alleged to be
crudely spray painted,scratched or scribbled on delinquent and continued supervision.
1in a wall or other public or private surface. To Makes parent liable for actual damages by minor
many members of the public,graffiti represents adjudicated delinquent of criminal defacement of
thoughtless vandalism or childish pranks. properl
Currently, there are two forms of graffiti Offense is Class 4 felony for 2nd offense or if
Grraffi_ti property damage exceeds 5300.
Gang Grajfrti Provides mandatory term of 30-120 hours of
Gang graffiti is generally executed by members of at community service for adults convicted of
times violent street gangs. To the gang member, criminal defacement of property.
lias1 . graffiti is a clear marking of territorial boundaries
known as turf. Graffiti also serves as a warning and IMPROPER SUPERVISION
challenges to rival gangs. Gangs will use graffiti on OFCHILDREN ACT
Forace any available space as advertisement for their gang.ffi (Elgin Municipal Code, Chapter 10.42)
,. ,.
Tagger Grati Under the IMPROPER SUPERVISION OF
1994 Generally these are a few loosely knit groups CHILDREN ACT the police do have within their
power the ability to promote parental responsibility.
(crews) of adolescents whose primary source of
Any parent, legal guardian or other person who
entertainment is the vandalism of private and public commits improper supervision of a child when
property with "tagger art." While tagging, the
�/11�\ he/she knowingly permits a child in his custody or
�. E o _ juveniles will generally write their own tag name
oma` fq ,-Q control under the age of 18 years to commit an act
• j' and crew initials, but may also write the names of
other crew members.The reputation of the tagger or tending to break the peace or violate a municipal
f F curfew ordinance
`f°'"" crew is determined by the number of displays and or
- the size of the graffiti. VANDALISM
The City of Elgin has developed a "ZERO WHAT ARE THE CONSEQUENCES? (Elgin Municipal Code, 10.65.020A,
TOLERANCE" approach toward graffiti. Graffiti There are state and local laws that govern our 10.65.030A)
effects everyone. Graffiti deters businesses and community and assist our police department in its It is unlawful for any minor to commit any of the
people from relocating here because it gives the efforts to control graffiti. The problem of graffiti following acts within the corporate limits of the city.
vandalism will not be solved solely by changing *Willfully,recklessly,or knowingly damage.deface,
impression that our neighborhoods are unsafe.
Graffiti sends the message that the people who live laws or appropriating money. The solutions to or destroy any property of another without his/her
ffi
graffiti vandalism must be multi-faceted and consent.
here do not care about their community. This Theparent or legalguardian residingwith a
publication is to educate you on the detection and creative,yet coordinated. g
minor shall be liable for acts of vandalism
prevention,as well as your legal recourse,and what
you should do if you become a victim of this type of MINORS DAMAGE TO PROPERTY committed by said minor.
vandalism. (Chapter 720 ILCS 5/21-1.3)
M 11111111 M N IIIIII I M IIIII r M M M NM M M 11111111 M M S
PREVENTION . , TEAM WORK •Keep records of your cost incurred for graffiti
Parents are the key to prevention.There are signs to •-Business owners and private citizens can each removal, in the event that legal action is taken.
look for which may indicate that their child may be assist in the prevention of graffiti. -Report vandalism on public property in your
a graffiti writer. -Keep private homes and businesses well lit from neighborhood (i.e., street signs, billboards.
-Their gang or tag name might be written on the dusk to dawn, front as well as the back of the abandoned buildings and unused storefronts, etc.)
underside of a sport cap visor. ' property to deter vandalism. immediately to the Elgin Police Department.
-Graffiti writers often wear pull-over jackets, -Support community based alternative programs for •Contact your local community association and or
zip-ups with hoods or a military jacket. the youth. Neighborhood Watch.
•They may carry a small back pack or have deep -Get involved. Get creative.
pockets that can hide spray cans. -Feel free to- instigate your own neighborhood When graffiti is left or
-Under the fingernails or on the hands of a graffiti programs.
writer, one can almost always find paint or marker 'Juvenile Division is currently developing a poorly removed, a visual
pen dye. Community Restitution Program for juveniles. a of apathy is sent to
•Staying out late at night. •If you do not have a Neighborhood Watch Program message p y
-Spray paint on their sneakers or shoes. in your area contact: those who live and work in
Community Relations /Crime Prevention
CURFEW 931-6016 Elgin, as well as those who
El in Municipal Code, Chapter 10.41
Parents,(Elgin
do you know where your children �? consider residing or
Children under 17 years of age are not legally able WHAT TO DO IF YOU HAVE investing within our
to drive after curfew. BEEN VANDALIZED
• It is unlawful fora person less than 17 years of age -Report all vandalism of your property immediately community.
•
to be present at any public assembly,building,place, to the police. It is very important to report every That visual message of
street or highway dunng the times listed below incident.
unless they are accompanied and supervised by a Elgin Police Department apathy leaves a longer
parent, legal guardian or other responsible NonEmergency #931-6060
companion at least 18 years of age approved by Take pictures of all the graffiti damage on your lasting impression than
parent or legal guardian. property
•
Between 12:01 a.m. and 6:00 am. Saturday Remove the graffiti within 24 hours (weather does the graffiti.
Between 12:01 a.m. and 6:00 am. Sunday permitting)after filing a police report.The monetary
Between 11:00 p.m. on Sunday to Thursday, cost to remove graffiti varies from incident to
inclusive, and 6:00 a.m. on the following day. incident. The types of materials used to commit
it is lawful for a person less than 17 years of age to criminal property damage(i.e.,spray paint,markers,
engage in a business or an occupation that the laws shoe polish, etc.)and the types surfaces vandalized
of this State authorizes.
OUCE
• It is unlawful for a parent, legal guardian or other (i.e., brick,aluminum siding, concrete, etc.) play a P4'n,
major role in determining the cost. A brochure on = '°'
person to knowing!} permit a person in his/her ELGIN
your various options of removal is available through
custody or control to violate such curfew. the Elgin Police Department.
1 •
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' . AN ORDINANCE PROVIDING FOR THE
ABATEMENT OF GRAFFITI VIOLATIONS
1 WHEREAS, THE City of Elgin is a home rule unit by virtue of the provisions of the 1970
Constitution of the State of Illinois and
'
WHEREAS, the City of Elgin as a home rule unit may exercise power and perform any
function pertaining to its government and affairs, including the power to regulate for the
' protection of the public safety, morals and welfare, and
' WHEREAS, the violation of ordinances regulating the removal from the exterior of buildings
displays of vandalism or graffiti effect the public's safety, morals and welfare by representing
and encouraging other unlawful activities, diminishing the aesthetic values of that
' neighborhood and reducing the property values in that area, and
WHEREAS, this ordinance is adopted pursuant to the City of Elgin home rule authority.
NOW, THEREFORE, BE IT ORDAINED, by the Mayor and Members of the City Council of
the City of Elgin, Kane and Cook Counties, Illinois
SECTION 1: That Section of the Municipal Code of the City of Elgin, as amended, be and
is amended by adding the following subsections:
' A. When the owner of property refuses or neglects to remove from the exterior of structures upon
the owner's property any display of vandalism or graffiti in compliance with the regulations
of this Code, the City may take the following enforcement actions.
B. The owner of the property or the person in whose name the general taxes for the last preceding
year were paid shall be given reasonable notice of the above violation(s) and that failure to
abate such violation(s) shall result in the City's expenses to abate becoming a lien on the property.
' Notice shall not be less than fifteen days.
C. If the owner does not abate the violation during the notice period, the City Manager or his
designee may precede to abate such violation(s) keeping an account of the expense of the
abatement which shall include an administrative fee of the greater of$25.00 or ten percent of the
cost of the abatement. All expenses, including interest at the rate of ten percent per year, shall be
charged to and paid by such owner.
D. The expenses for the abatement shall become a lien upon the property effected superior to
' all subsequent liens and encumbrances except tax liens, if w ithin sixty days oiler such
A-5
I
expense is incurred, the City files notice of lien in the office of the Recorder in the County in
' which such real estate is located or the office of the Registrar of Titles of such county if the real
estate effected is registered under "An ACT CONCERNING LAND AND TITLES"
approved May 1, 1987, as amended. The notice shall consist of a sworn statement setting out a
' description of the real estate, the amount of money representing the expenses incurred or payable
for the service and the date or dates when such costs and expenses was incurred by the City.
However, the lien shall not be valid as to any purchaser whose rights in and to such real estate
have arisen subsequent to the abatement and prior to the filling of such notice, and the lien shall
not be valid as to any mortgage, judgment creditor or other lien or whose rights in and to such
real estate arose prior to the filling of such notice.
' E. Upon payment of the expenses by the owner of or persons interested in such propertyafter
' notice of lien has been filed, the lien shall be released by the City and the release may be filed of
record as in the case of filling notice of lien. The lien may be enforced at any time by proceeding
to foreclose as in the case of mortgages or mechanics liens.
' SECTION 2: That the City Clerk be and is hereby directed to publish this ordinance in pamphlet
form.
' SECTION 3: This ordinance shall be in full force and effect from and after its passage, approval
Iand publication in the manner and form required by law.
1
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' RORD/CURFEW
Ordinance No. G
AN ORDINANCE
AMENDING TITLE 10 ENTITLED "PUBLIC PEACE, MORALS AND WELFARE"
OF THE ELGIN MUNICIPAL CODE, 1976 , AS AMENDED
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS :
' Section 1 . That the Elgin Municipal Code, 1976 , as
amended, be and is hereby further amended by adding Chapter
10 . 41 entitled "Curfew" , as follows :
I
CHAPTER 10 . 41
CURFEW
' 10 . 41 . 010 Unlawful acts designated.
A. It is unlawful for a person less than 17
' years of age to be present at or upon any public
assembly, building, place, street or highway at the
following times unless accompanied and supervised by
' a parent, legal guardian or other responsible
companion at least 18 years of age approved by a
parent or legal guardian or unless engaged in a
business or occupation which the laws of this State
' authorize a person less than 17 years of age to
perform:
' 1 . Between 12 : 01 a.m. and 6 : 00 a.m.
Saturday;
2 . Between 12 : 01 a.m. and 6 : 00 a .m. Sunday;
and
3 . Between 11 :00 p.m. on . Sunday to
Thursday, inclusive, and 6 : 00 a.m. on the
following day.
' B. It is unlawful for a parent, legal guardian
or other person to knowingly permit a person in his
custody or control to violate this section.
1 10 . 41 . 020 Penalty.
A person convicted of a violation of the
' provisions of this chapter shall be fined an amount
not to exceed $100 .
4- 6
1
' Section 2 . That the Elgin Municipal Code, 1976 , as
amended, be and is hereby further amended by adding Chapter
10 . 42 entitled "Improper Supervision of Children" , as follows :
' CHAPTER 10 . 42
IMPROPER SUPERVISION OF CHILDREN
' 10 . 42 . 010 Unlawful acts designated.
Any parent, legal guardian or other person
commits improper supervision of a child when he
knowingly permits a child in his custody or control
under the age of 18 years to commit an act tending
to break the peace or violate a municipal curfew
ordinance.
' 10 . 42 . 020 Penalty.
A person first convicted of improper
supervision of a child shall be fined an amount not
' to exceed $100 .
Section 3 . That all ordinances or parts of ordinance
' thereof in conflict with this ordinance are repealed.
Section 4 . That this ordinance shall be in full force
and effect ten days from and after its passage and publication
in the manner provided by law.
111 George VanDeVoorde, Mayor
Presented:
Passed:
Vote: Yeas Nays
Recorded:
' Published:
Attest:
I
Dolonna Mecum, City Clerk
r _ 2
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317 CRIMINAL OFFENSES 720 ILCS 640/2 �`-,.`
Police authorized agents of said Department, and police the person, or of the owner of the animal, so authorized, � 1
authorities and police officers of cities, villages and towns. the purpose or reason of such authorization, and the date �'::
Laws 1955, p. 1408, § 3, eff. July 11, 1955. Amended by of such certificate and in that event, no other prescription,
I Laws 1959, p. 724, § 1, eff. July 9, 1959; Laws 1959, p. writing or record shall be required to authorize the posses. t ''
1906, § 1, eff. July 22, 1959; P.A. 77-771, § 1, eff. Aug. sion or sale of such instruments.„
16, 1971; P.A. 84-25, Art. IV, § 9, eff. July 18, 1985. Laws 1955, p. 1408, § 5, eff. July 11, 1955. Amended by :;•:V:.
Formerly I11.Rev.Stat.1991, ch. 38, 11 22-52. Laws 1959, p. 724, § 1, eff. July 9, 1959; Laws 1959, p. n„p;
I
635/4. Violation of Act-Punishment 1906, § 1, elf. July 22, 1959; P.A. 77-771, § 1, eff. Aug.
16, 1971; P.A. 84-25, Art. IV, § 9, eff. July 18, 1985. -,:
§ 4. Whoever violates any provisions of Sections 1, 2, Formerly Ill.Rev.Stat.1991, ch. 38, f 22-54. ""�`
and 3 of this Act 1 shall be guilty of a Class A misdemean- 1720 ILCS 635/1 and 635/2. • ''
I
or for the first such offense; for a second or any succeed- -
ing offense, he shall be guilty of a Class 4 felony. 635/6. Prosecution by information �,��'}
Laws 1955, p. 1408, § 4, eff. Jul}' 11, 1955. Amended by § 6. Any prosecution under this Act may be corn-
Laws 1957, p. 1125, § 1, eff. July 5, 1957; P.A. 77-2830, menced by an information as defined in Section 102-12 of '-41.'_*
Art. 33, § 1, eff.Jan. 1, 1973. the Code of Criminal Procedure of 1963.
Formerly I11.Rev.Stat.1991, ch. 38, 11 22-53. Laws 1955, p. 1408, § 5, added by P.A. 76-1132, § 1, eff.
1720 ILCS 635/1, 635/2 and 635/3. Aug. 28, 1969. Renumbered as § 6, by P.A.77-1849, § 2, .,
eff. July 1, 1972. ,C�
635/5. Written or Oral Prescriptions by Licensed Formerly Ill.Rev.Stat.1991, ch. 38, tl 22-55. '."
Physician-Statement of Patient-Re
fills-Certificates
§ 5. A licensed physician may direct a patient under ACT 640. IMPROPER SUPERVISION
V
his immediate charge to have in possession any of the OF CHILDREN ACT a.
instruments specified in Sections 1 and 21 which may be '
dispensed by a registered pharmacist or assistant regis Section •
tered pharmacist in this state only (1) upon a written 640/0.01. Short title.
prescription of such physician, or(2) upon an oral order of 640/1. Permission of improper associations or unlaw- ,'.i `
I
such physician, which order is reduced promptly to writing ful acts. .�
and filed by the pharmacist, or (3) by refilling any such 640/2. Penalties. •
written or oral prescription if such refilling is authorized
by-the prescriber either in the original prescription or by 640/0.01. Short title I
oral order which is reduced promptly to writingand filed " _
P P Y § 0.01. Short title. This Act may be cited as the Im-
by the pharmacist in the same manner and under the same proper Supervision of Children Act. &
conditions as any other prescription issued by a practition- Laws 1961, p. 2454, § 0.01, added by P.A. 86-1324, § 199,
er licensed by law to write prescriptions, or (4) upon a y� ,..
eff. Sept. 6, 1990.
• signed statement of the patient,upon proper identification,
Formerly I11.Rev.Stat.1991, ch. 23, 11 2368.9. t•
stating that the prescriptions or instruments specified in `� .-
;�5
Sections 1 and 2 were lost or broken, as the case may be, Title of Aet . .
the name and address of the prescriber, the name and An Act relating to improper supervision of children. Laws 1961, p. '
address of the patient and the purpose for which the 2454,approved and eIT. Aug. I. 1961. •ti.• : • '
prescription was ordered; provided, however, that the ;
registered pharmacists or assistant registered pharmacists 640/1. Permission of improper associations or aE .
who deliver or sell any instruments specified in Sections 1
and 2 shall send a copy of such affidavit to the Depart-
ment of State Police by the 15th of the month following § 1. Any parent, legal guardian or other person com
the month in which such instruments were delivered or mita improper supervision of a child when he knowingly
sold. Such written or oral prescriptions when reduced to Permits a child in his custody or control under the age of
writing for instruments specified in Sections 1 and 2 shall 18 years to associate with known thieves,burglars, felons, #:
contain the date of such prescription, the name and ad narcotic addicts or other persons of ill repute,visit a place n:;
dress of the prescriber, the name and address of the of prostitution, commit a lewd act, commit an act tending �.•
patient, the purpose for which the prescription is ordered, to break the peace or violate a municipal curfew ordinance. '• ',
the date when dispensed and by whom dispensed. Laws 1961, p. 2454, § 1, eff. Aug. 1, 1961. �^-
Provided, however, that a licensed physician or other Formerly Iii.Rev.Stat1991, ch. 23, 11 2369. '^"'
I allied medical practitioner, authorized by the laws of the 04
I State of Illinois to prescribe or administer controlled sub 640/2. Penalties first /
stances or cannabis to humans or animals, may authorize `al
? .
any person or the owner of any animal, to purchase and ¢ 2. A person convicted of improper supervision ..;;`
have in his possession any of the instruments specified in of a child shall be guilty of a petty offense and shall be y,,...
Sections 1 and 2, which may be sold to him without a fined not to exceed $25. A person so convicted a second
specific written or oral prescription or order, by any per-
sonIII authorized by the laws of the State of Illinois to sell tinotme tos shall exceebed $50. of a petty offense and shall be fined
A person so convicted a third or '-jaki . ..•
and dispense controlled substances or cannabis, if such subsequent time shall be guilty of a Class B misdemeanor.
authorization is in the form of a certificate giving the Laws 1961, p. 2454, § 2, eff. Aug. 1, 1961. Amended by
name and address of such licensed physician or other allied P.A. 77-2354, § 1, eff. Jan. 1, 1973. :i
medical practitioner, the name, address and signature of Formerly Il1.Rev.Siat.1991, ch. 23, tl 2370. - rr.-
11 :d,
07/15/93 15:56 a 8621954 Stheumbur9 P.L. P.02
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CHAPTER 132: OFFENSES AGAINST PUBLIC PEACE AND SAFETY
Section custody of any person under 18 years of age to
e
r
allow or permit any such child, ward or other
132.01 Curfew person under such ago, while in such legal custody,
132.02 Intoxication to go or be in or upon any of the stroots, roads,
I 132.03 Disorderly conduct
132.O4 Writings inciting rioting highways or public placer in the village within the
time prohibited in the preceding sections unless
132.05 Threatening or abusive language there exists a reasonable necessity therefor.
182.06 Fighting
I
132.07 Keeping or frequenting a disorderly (C) Each member of the Police Department,
house while on duty, is hereby authorized to arrest,
182.08 Loitering without warrant, any person found wilfully violating
I 132.09 Congregating near buildings
132.10 Dangerous sports the provisions of division (A) of this section, and
retain such person for a reasonable time in which
132.11 Disturbing religious worship complaint tstn be made and a warrant issued and
192.12 False alarms served. No minor person arrested under the
I
132.13 Obedience to police provisions of this section shall be placed in
132.19 Impersonating village officers; confinement until such child has first been taken
interference with officers home to ascertain the parents' wishes, and the
I 132.15 Aiding escape
132.16 Vagabonds parents shall have refused to be held responsible for
the child's observance of this section.
_ 132.17 Fireworks permit required
Cross-reference: (D) It shall be the duty of tho magistrate court
I lti'uisanocs, generally, see Chapter 90 judge, upon the arrest of any person under the p
' Noises prohibited, see Chapter 97 of 18 years, where tho parent or guardian has
Nonsmoking areas, see § 95.15 et seq. refused to become responsible for such person for
I ' Spitting prohibited, see § 95.01 violation of the provisions of this section, to inquire
into the facts of the arrest and the condition and
circumstances of such minor person, and if it shall
§ 132.01 CURFEW. appear that such minor person, for want of proper
I
parental care, is growing up in mendicancy or
(A) It shall be unlawful for any person under vagrancy, or is incorrigiblo, to cause the proper
the ago of 18 years to be upon any public street in proceedings to be had and taken as authorized and
I the village (road or highway) between the hours of provided by law in such cases.
10:30 p.m. and 6:00 a.m. on Sunday through
Thursday and between 11:00 p.m. and 6:00 a.m. on (E) Any person under the age of 18 years who
Friday and Saturday unless accompanied by, and in shall violate any of the provisions of this section
I charge of, a parent, guardian or other proper shall be warned by any police officer, who shall
companion of the age of 21 years or more, or unless discover such violation, forthwith to comply, with
engaged in some occupation or business in which such provisions and to desist from further violations
I such child may, under the statutes of this state,
lawfully engage. All persons under the ago of 18 thereof. Such officer shall also without delay report
such violation to his superior officer, who shall
shall be permitted to return home from school cause a written notice to be served upon the parent,
functions within a reasonable time after the guardian, custodian or person in control or charge
I conclusion of said functions with the permission of of ouch child, setting forth tho manner in which the
a parent or guardian. above-mentioned sections have been violated. In
case any person under the age of 18 years, after
I (B) It shall be unlawful for any parent, ouch warning, shall again violate any of the
guardian or other person having the legal rare and provisions of the above-mentioned sections, such
I .,
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07/15/9Z 15: 5' Z 8821954 Schaur,bur9 P. D. P.O.:.
111XIII Ch. 199. Pg 402 Schaumburg - (}anneal ()TanP.ci
I
person shall be apprehended as a juvenile § 152,04 WRITINGS INCITING KIUTU' (1,
liinquent and oriel-idol. and shall Lu brought before
it juvenile court of tho county to by dealt with It shall be unlawful to write, print,
eoordingly. In case any parent, guardian, custodian manufacture, utter, circulate, distribute or possess
or person In control o1' charge of such minor person witl, Lbs intent to utter, circulate or distribute any
Iho hoe received notice a.t, p,vvidud herein, shall newspaper, book, magazine, pamphlet., handbill,
ro.••ingiy permit uuc11 child, attain to violntn the circular or other writ.tcmn or printed 111Ettter
provisions of this section, Gude pu,vnt, guardian, containing libelous, defamatory or inflammatory
stodinn or person in control or c),urge of such statements designed or intended to incite rioting or
;Id ;hall be punished as provided in the edition. to stir up racial or class hatred within the corporate
I'd. 07, passed 5.3.00, Am. Ord. 233, passed limits of the village.
8.13.03) Penalty, :ice § 10.00 (Ord. 137, passed 5-3-t50) Penalty, eve § 10,09
§ 182.02 INTOXICATION, § 132.05 T1iREATENING OR ABUSIVE
I
LANGUAGE.
It chat' be unlawful for any person to be in A
to of intoxication In any street, alley, or publicIt shall be unlawful for any person to use any
}Usti+ in the village, or in any private house Or thieutening or abusive language toward any other
ICC, to the annoyance of any citizen or }ri:,aun. person tending to a breach of the peace.
d. 87, pu ud 0-3-60) Penalty, Roo § 10.00 (Ord. 97, passed 5-3-(i0) Penalty, see 10.00
132.03 DISORDERLY CONDUCT. f 132.06 FIGIiTINO.
It shell be unlawful for any Pelson to wrnrnit No person shall instigate, cause or procure any
o, 'orly conduct within the ourporateI
limits of the. dug fight, prize fight, cock fight nor any public or
lago. A person commits dieot'lerly conduct when private righting,
he knowingly: (Ord. 97, passed 5-3.60) Penalty, sec $ 10.99
I (A) I)oc•�any act in such unreasonable manner•
to provoke, make or aid in making a breach of § 132.07 KEEPING OR FREQUENTING A
1x neC; or DISORDF.RT,Y HOUSE.
I (B) Resists or obstructs tho perfornla„cx by (A) Every person who shall keep or maintain
one known to the person to be u police officer of any;
authorized net. within hie official capacity; Or
I
(1) Di.rdcrly hout+a; or
(C) Assembles with throe or more pcteune fur
the purpose of using force or violc„w to disturb (2) House, store, garage, shop or other
ti public peace; or plaoe where any person is pcn„iu.ud or buffered to
make any Improper noise or disturbance;
(D) Fails to obey a lawful order of dispomal by
:•son known by him to be a police ufGwr, where (3) House, storo, garage, shop or other
00 or more persons ore committing acts of place whore intoxicating liquor is kept, possessed,
orderly conduct in the immediate vicinity, which sold or given away for retail uses or purposo8; or
octa me likely to cause substantial harm or serious
i�n.cnis,nce, annoynnx or natal, or (4) House, store, garage, shop or other
place where any person is permitted or suffered to
(E) Dow cony offensive act which under the ploy with dice, cards, balls, tickets, donlino0e Or
ummanors c,ont.os a clear end 1„trM:ut danger of other device used in gaming; or
Ach of the peace or imminent threat of violc:nex;.
d. 481, pswand 4 9 08) (5) Ilout.e, store, garage, shop or other
place for the encouragement of idleness, gambling,
I intoxication, adultery, fornication, lewdness or other
immoral practiccst; or
JUN 22 '93 16:04
STR �l1 ti/L>G p
P.2/5
1
CHAPTER 5
' KINORS
' SEC?ION:
4-5-1: Curfew
4-5-2: Parental Responsibility, Vandalism
' 4-5-3:
4-5-4: offenses Relating to Children
Truancy Prohibited
4-5-5: Possession of Alcohol
4-5-6: Harboring of Runaways
4-5-1: CURFEW:
A. It is unlawful for a person less than seventeen years of age to
' be present at or upon any public assembly, building, place,
street or highway at the following times unless accompanied and
supervised by a parent, legal guardian or other responsible
' companion at least eighteen years of age approved by a parent
or legal guardian or unless engaged in a business or occupation
which the laws of this State authorise a person less than
seventeen years of age to performs
•
1. Between 12:01 a.m. and 6:00 a.m. Saturday;
2. Between 12:01 a.m. and 6:00 a.m. Sunday; and
3. Between 11:00 p.m. on Sunday to Thursday, inclusive, and
6:00 a.m. on the following day.
II
11. It is unlawful for a parent, legal guardian or other parson to
knowingly permit a person in his custody or control to violate
. subparagraph (a) of this Section.
II
4-5-2: PARENTAL RESPONSIBILITY; VANDALISM:
A. Definitions: As used in this Section, unless the context
otherwise reguires, the terms specified have the meanings
ascribed to them:
' LEGAL A person appointed guardian, or given custody, of a
GUARDIAN: minor by a circuit court of the State, but does not
' include a person appointed guardian, or given
custody of a minor under the Juvenile Court Act.
' MINOR: A person who in above the age of eleven (li) years,
but not yet eighteeen (18) years of age.
26420
,14-- 9
H. Violations Declared: The parent or legal guardian of an
I
une:rancipated minor residing with such parent or legal guardian
shall be presumed, in the absence of evidence to the contrary,
to have failed to exercise proper parental responsibility and
said minor shall be deemed to have committed the acts described
II
below with the knowledge and permission of the parent or
guardian, in violation of this Section, upon the occurrence of
the events described in the following subsections:
I1. An unemancipated minor residing with said parent or
legal guardian shall either be adjudicated to be in
l
violation of any Village ordinance, law or State Statute
prohibiting wilful and malicious acts causing injury to
a person or property, or shall have incurred nonjudicial
sanctions from another official agency resulting from an
I
admission of =:ilt of violation of any Village
ordinance, law or 5ta-e Statute prohibiting wilful and
malicious acts causing injury to a person or property;
t and
2. Said parent or legal guardian shall have received a
written notice thereof, either by certified or
II registered mail, return receipt re u ested, by
personal service, with a certificate of personal service
returned, from the Police Department of the Village
IIfollowing said adjudication or nonjudicial sanction; and
3. If at any time within one year following receipt of the I
notice set forth in subsection 2 above, said minor is
either adjudicated to be in violation of any Village
• ordinance, law or State Statute as described in
subsection 1 above, or shall have incurred nonjudicial
t sanctions from another official agency resulting from an
admission of guilt of violation of any Village
ordinance, law or State Statute as described in
IIsubsection 1 above.
C. Penalty: Any person convicted of any violation of the
I provisions of this Section shall be fined not less than twenty
five dollars ($25.00) nor more than five hundred dollars
(5500.00) for each offense.
II
II
II MI.
1 27
lik"r.
'§ 18-35 HANOVER PARK CODE
1
(6) Such person takes flight upon the appearance of a police
Iofficer;
(7) Such person manifestly endeavors to conceal himself or
herself of any object which reasonably could be involved in •
Ian unlawful drug-related activity;
(8) The area involved is by public repute known to be an area
of unlawful drug use and trafficking;
I (9) The premises involved are known to have been reported to
law enforcement as a place suspected of drug activity. (Ord.
No. 0-91-76, § 1, 12-19-91)
'Sec. 18.36. Tattooing.
(a) It shall be unlawful for any person to tattoo a human being
'except that tattooing may be performed for medical purposes by a
person licensed as a physician or otherwise authorized by the
Medical Practice Act of 1987 of the State of Illinois (Illinois Re-
vised Statutes, Chapter 111, paragraph 4400-1 et seq.). .
(b) For purposes of this Code,"tattoo"or"tattooing"shall mean
to insert pigment under the surface of the skin of a human being.
by pricking with a needle or otherwise, so as to produce an indel-
ible mark or figure visible through the skin. (Ord. No. 0.92.17, §
1, 3-19-92)
Editor's note—Section 1 of Ord.No.0.92.17,adopted March 19,1992,enacted
'Provisions designated as § 18.35. Such provisions have been redesignated as §
18.36 to avoid duplicative numbering at the discretion of the editor.
'Secs. 18.37-18.40. Reserved.
•
. ARTICLE II. CURFEW FOR MINORS
ISec. 18-41. Hours established.
It shall be unlawful for any person less than seventeen (17)
tears of age to be present at or upon any public assembly, build-
ng, place, street or highway between the hours of 11:00 p.m. on
iunday to Thursday, inclusive, and 6:00 a.m. on the following
!ay;between 12:01 a.m. and 6:00 a.m. on Saturday; and between
12:01 a.m. and 6:00 a.m. on Sunday unless:
Supp. No. 72 1194.6
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4-/a
.
OFFENSES,MISCELLANEOUS PROVISIONS § 18-53
(1) Accompanied and supervised by a parent, legal guardian
or other responsible companion at least twenty-one (21)
years of age approved by a parent or legal 'guardian; or
(2) Engaged in a business or occupation which the law of the
State of Illinois authorizes a person less than seventeen
(17)years of age to perform; or
I (3) Returning home within one-half(1) hour after the ending
of any special function or entertainment of any church,
school, club or other organization attended by the minor;
Ior
(4) The minor is not a resident of this state and is engaged in
travel by motor vehicle through this village or on an inter-
' state trip. (Code 1963, § 26.101; Ord. No. 0-82-68, § 18,
10-7-82)
Sec. 18-42. Warnings to parents and children.
Any police officer finding a child violating the provisions of
this article shall warn the child to desist immediately from such
violation and shall promptly report the violator to his superior
Iofficer who shall cause written notice to be served upon the
parent, guardian or person in charge of such child, setting forth
the manner in which this article has been violated. (Code 1963, §
I26.102)
Sec. 18-43. Penalty.
Any parent, guardian or person in charge of a child who has
I
been warned to desist from violations of this article who shall
knowingly permit such child again to violate the provisions of
this article after receiving notice of the first violation shall be
Ipunished as provided in section 1-9 of this Code. (Code 1963, §
26.102)
'Secs. 18-44-18-53. Reserved.
II
ISupp. No. 72 1194.7
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.-22-'93 TUE 14:48 ID:CARPENTERSUILLE P. D. TEL NO:708-426-0012 tt235 P02 -
1
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Sec. 8-44. LOADING AND UNLOADING. The loading and unloading of trucks and
vehicles shall be abated during the nighttime hours, to wit, from 11:00 o'clock
p.m. until 6:00 o'clock a.m. , into or from any mercantile house, store, ware-
house, supermart, service station or other commercial establishment, located
' within 200 feet of a residential area.
Sec. 8-45. PENALTY. Any person, firm or corporation violating -any of the
provisions of Article I, II and III shall be fined not less than Ten Dollars
($10.00) nor more than One Thousand Dollars ($1,000.00) for each offense; and a
separate offense shall be deemed committed on each day during or on which a
violation occurs or continues.
II
II
ARTICLE IV - CURFEW
Sec. 8-46. CURFEW. It shall be unlawful for any person under the age of
eighteen (18) years to be on any public road, street, alley or park, or other
I
lands used for public purposes, or in any public place of business or amusement
in the Village of Carpentersville between the hours of 12:01 a.m. Saturday and
6:00 a.m. Saturday, and between 12:01 a.m. Sunday and 6:00 a.m. Sunday, and
IIbetween the hours of 10:30 p.m. and 6:00 a.m. on any other day of the week,
unless such person is accompanied by a parent, guardian, or other responsible
adult, or unless engaged or directly enroute • to or from some occupation or
IIbusiness in which such person may lawfully be engaged under the Statutes of the
State of Illinois. Curfew hours for a day preceding a holiday shall be the same
as for. Saturday and Sunday.
IISec. 8-47. PENALTY. Any police officer finding a child violating the
provisions -of this Article shall warn the child to desist immediately from such
violation, and shall promptly report the violation to his superior officer, who
I
shall cause a written notice to be served upon the parent, guardian, or person
in charge of such child setting forth the manner in which this Article has been
violated. Any parent, guardian, or person in charge of such child who shall
I
knowingly permit such child again to violate the provisions of this Article
after receiving notice of the first violation shall be fined not less than Five
Dollars ($5.00) nor more than Two Hundred Dollars ($200.00) for each such
I
offense.
Sec. 8-48. CURFEW IN VILLAGE PARKS. It shall be unlawful for any person, other
than police officers or other authorized Village personnel, to be in any Village
IIpark in the Village of Carpentersville after darkness; darkness being defined
for the purpose of this ordinance as 45 minutes after sunset local time.
I
Sec. 8-49. PENALTY. Any person violating the provisions of Section 8-48 shall,
upon conviction, be fined not less than Five Dollars ($5.00) nor more than Two
Hundred Dollars ($200.00) for each offense.
1
4-//