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7 Offenses-Public Peace

 CHAPTER 7

OFFENSES AGAINST PUBLIC PEACE, SAFETY AND MORALS

.01 FIREARMS.

(a)  No person shall discharge any firearms, B.B. guns or pellet guns, or do any hunting in the City.  This shall not apply to peace officers in line of duty, or any person acting in self defense.

(b)  No person except a police officer shall carry any weapon, concealed or otherwise into a public meeting, tavern, or other retail business.

 

.02 WEAPONS.

(a)  A person who is not a city officer, shall not carry about his person any concealed pistol, switchblade, knife, razor, slingshot, metal knuckles or any other weapon or thing of deadly character.

(b)  No person shall sell, give or transfer any such weapon to any minor person.

 

.03 FIREWORKS.

No person shall sell, offer for sale, use or explode any fireworks in the City; except the City Council may grant a permit for a public display of fireworks under such conditions as it may impose under provisions of Chapter 127-1/2, Section 128 of the Illinois Revised Statutes.

.04 FIRES.

No person shall start or maintain any fire in any street, sidewalk, park or public place.  All burning of materials shall be in compliance with regulation found elsewhere in this Code.  (See Nuisances).

.05 BARBED WIRE FENCES.

No person shall maintain any fence containing barbed wire along or near any public sidewalk.

.06 NOISE.

No person shall disturb the peace and quiet of any other person by creating loud or excessive noise on his property, or by allowing other person to create loud and excessive noise on his or any property.  Excessive noise shall include but not by way of limitation any of the following:

1.   Loud playing of phonographs, radios, television sets, or music machines, or musical instruments.

2.   Barking or howling dogs or cats.

3.   Vehicles without mufflers, or the unnecessary use of horns on vehicles.

4.   The use of any power lawn mower, snow blower, snowmobile, or other noisy machine between 11:00 P.M. and 7:00 A.M. the following day, or at any time if not properly muffled.

 

.07 DAMAGING PROPERTY.

No person shall damage, destroy or deface any City property or any public or private property without permission of the owner.

.08 LITTERING.

No person shall litter any public or private property with paper or other debris or foreign matter.  Any stored or transported materials susceptible to blowing or scattering shall be adequately covered or protected to prevent littering.

.09 POLLUTION.          

No person shall pollute the air or any water course by excessive discharge of waste products or foreign matter.

.10 DISORDERLY HOUSES.

No person shall, within the City or within three miles of the outer limits of the City, keep, maintain, frequent, or be an inmate of or connected therewith, or contribute to the support of any disorderly house or house of ill fame or assignation, or any place used for the practice of fornication or adultery; or knowingly suffer or permit any house or other premises owned or occupied by him or under his control to be used for any such purposes.

.11 COMBUSTIBLE REFUSE.   

It shall be unlawful to permit or store any combustible refuse in such manner as to create a fire hazard, or to throw or deposit, or cause to be thrown or deposited, any such refuse of any kind on or in any street, highway, or alley or other public place within the corporate limits of the City.

.12 PARADES AND DEMONSTRATIONS.

(a)  No person shall participate in or promote any parade or demonstration on any street or other public property unless a permit therefor has been issued by the Mayor.

(b)  Application for such permit shall be made a least 72 hours before the event and shall provide such information as the Mayor shall require for proper protection of the public.

(c)  No such parade or demonstration shall be held during the nighttime, or in any such manner as to obstruct the orderly use by the public of any street or public place.

(d)  The Mayor may issue such permit subject to such reasonable restrictions as he shall deem necessary to safeguard the residents of the City and to protect private and public property.

 

.13 SNOWMOBILES.

(a)  As used in this Section the following terms shall have the indicated definitions:

 

1.   Snowmobile means a self-propelled device designed for travel on snow or ice or natural terrain, steered by skis or runners, and supported in part by skis, belts, or cleats.

2.   Operate means to ride in or on a snowmobile (other than as a passenger) or to use or control the operation of a snowmobile in any manner, whether or not the snowmobile is underway.

3.   Operator means every person who operates or is in actual physical control of a snowmobile.

4.   Snowmobile route means a public street or alley in the City of Fairbury which is shown as a snowmobile route upon the map which is made a part of this Section and which shall be called the Snowmobile Route Map.  Such map and all notations, references, and other information shown thereon are a part of this Section and have the same force and effect as if such map and all the notations, references, and other information shown thereon were all fully set forth or described herein.  A copy of the original of such map, properly attested, is on file with the Clerk of the City.

5.   Storage location means the place where a snowmobile is stored, kept or garaged in the City of Fairbury.

(b)  It shall be unlawful for any person to violate the following provisions of this Section:

 

1.   No person shall operate a snowmobile on any laws or private property without the prior consent of the owner or lessee thereof.

2.   No person shall operate a snowmobile on any public street or alley of Fairbury, other than a snowmobile route, for any purpose except to travel to and from his snowmobile’s storage location and the nearest snowmobile route.  In so doing the operator must use the shortest and most direct route between the storage location and the nearest snowmobile route and he must use alleys instead of streets wherever possible.

3.   No person shall operate a snowmobile on a snowmobile route except to travel to and from his snowmobile’s storage location and the city limits or to pass through the city from one city limit to another.  Any person who operates a snowmobile on a snowmobile route shall not take his snowmobile off the snowmobile route until he passes the city limit, until he reaches his snowmobile’s storage location, or until he reaches the point on a snowmobile route nearest to this storage location.

4.   No person shall operate a snowmobile upon a snowmobile route or other public street or alley to travel from one location in Fairbury to a different location in Fairbury nor for any purpose except to go to the city limit or to his storage location and always by the most direct and immediate route.

5.   No person operating a snowmobile on a public street or alley of Fairbury shall stop his snowmobile except to obey traffic laws and regulations or as required by traffic conditions or emergency.

6.   No person shall operate a snowmobile upon a public street or alley in Fairbury unless the snowmobile is properly registered and numbered in accordance with the laws of the State of Illinois and unless the snowmobile meets the equipment and safety requirements of the laws of the State of Illinois.

7.   No person shall operate a snowmobile on a public street or alley in Fairbury unless that person possesses a valid motor vehicle driver’s license.

8.   No person shall operate a snowmobile on a public street or alley in Fairbury at a speed greater than fifteen (15) miles per hour.

9.   No person shall operate a snowmobile on a public street or alley in Fairbury earlier than 7:00 A.M. or later that 11:00 P.M. of each day.

10.  Every operator of a snowmobile shall obey all traffic signs and signals and all traffic laws, regulations, and ordinances of the State of Illinois and the City of Fairbury.

11.  Every operator of a snowmobile shall always yield the right-of-way to the operator of all motor vehicles.

12.  Whenever two or more snowmobiles are being operated along the same part of a public street or alley in Fairbury at the same time and in the same direction, then the operators of those snowmobiles shall keep them in single file.

13.  If a street has no curb, the operator of a snowmobile shall keep his snowmobile on the shoulder of that street.  On streets which have curbs, the operator shall keep his snowmobile as close to the curb as it is safe to do.

14.  Any person who must deviate from the provisions of this section because of an emergency involving danger to human life or health or to property, shall inform the Chief of Police of such deviation and why it is necessary.

 

.14 CHILDREN ON STREET AT NIGHT.

(a)  It shall be unlawful for any person under sixteen (16) years of age to be or remain in or upon any street, alley, or other public place in the City after 11:00 P.M. and before 6:00 A.M., on any day, unless such person is accompanied by a parent or guardian, or other person having custody of such minor, or unless the said minor is in the performance of an errand or duty directed by such parent or guardian or other person having custody of such minor person, or unless such person is in lawful employment making it necessary to be in such places during the hours herein specified.

(b)  It shall be unlawful for anyone have the legal care and custody of any person under sixteen (16) years of age, to allow or permit such person to go or be upon any public street, alley, or other public place in the City after 11:00 P.M. and before 6:00 P.M., on any day, except in case of necessity.

 

.15 PEDDLERS.

(a)  Peddler includes any person, firm, association, or organization which solicits sales or donations from businesses or inhabitants residing in the City of Fairbury, and who sells or solicits from house to house, store to store, or on the streets or in any public place. (1991-7)

(b)  No person, firm association, or organization shall engage in peddling without first procuring a license to do so. (1991-7)

(c)  Said licenses shall be issued by the City Clerk.  The application for license shall state thereon the name and the permanent address of the peddler, the kind of merchandise to be peddled or cause for which donation are to be solicited, the approximate days and times when said peddler desires to operate, and the description and number of vehicles, if any, intended to be operated, and the approximate number of peddlers or solicitors involved. (1991-7)

(d)  One copy of the license shall be forwarded to the applicant either by first class mail or by personal delivery to applicant or his agent.  Said copy shall be considered a license to peddle and said license must be displayed upon request to any inhabitant of Fairbury who is approached by said peddler.  It shall be the responsibility of applicant to make additional copies, as needed, for its agents as authorized by said license.  Licenses shall be non-transferable. (1991-7)

(e)  Said license shall be valid only for the times and dates requested by the applicant, but in no event shall any license by valid for a term of more than one year from the date of its issuance by the City Clerk. (1991-7)

(f)   No peddler shall ply his vocation on any street, sidewalk, park, parkway or in any other public place unless his peddler’s license specifies that peddling in such public places in permitted thereunder. (1991-7)

(g)  It shall be unlawful for any licensed peddler, while acting as a peddler in the City, to peddle any goods, merchandise, wares, or solicit donations to causes other than those specified in his application. (1991-7)

(h)  Appropriate signs shall be erected at the East and West city limits along Illinois Route 24, which signs shall state that any person, firm, association, or organization which desires to solicit sales or donation from businesses or inhabitants residing in the City of Fairbury must make application for a license at the office of the City Clerk in the Fairbury City Hall. (1991-7)

(i)   If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not effect any of the other provisions of this ordinance. (1991-7)

(j)   Nothing in this section shall be held applicable to any person, firm, association or organization which sells or solicits from property owned, leased, or controlled by said person, firm, association or organization; nor shall this section apply to wholesalers or suppliers who, with the intent to sell or solicit, enter upon property at the express or implied invitation of one who owns, leases, or controls said property. (1991-7)

 


.16 PENALTY.

Any person convicted of violating any of the provisions of this chapter shall be deemed guilty of a Class C Misdemeanor as provided in Illinois Revised Statutes, and penalized accordingly.  Furthermore, the violation of this chapter is declared to be a public nuisance to be abated in the manner provided by law.


.17 SEVERABILITY.

If any portion of this Chapter is found to be unconstitutional, such finding shall not affect the remaining sections.

 

.18 USE OF MOTOR VEHICLES FOR THE COMMISSION OF CERTAIN OFFENSES

 

(a) Definitions.

For purposes of this Section, and the interpretation and enforcement thereof, the words, terms and phrases set   forth below shall have the meanings respectively ascribed to them in this paragraph as follows.

1. “Motor Vehicle’ means every vehicle which is self-propelled, including but not limited to automobiles,  trucks, vans, motorcycles, and motor scooters.

2. “Owner of Record’ means, collectively, the record title holder or holders of the Motor Vehicle.

 

(b) Violations; exceptions.

1. The Owner of Record of any Motor Vehicle shall be liable to the City of Fairbury, Illinois, for an administrative penalty in the amount of Three Hundred Fifty Dollars ($350.00), plus any applicable towing and storage fees payable to a towing agent, whenever any such Motor Vehicle is used in the commission of any of the following offenses and any Motor Vehicle used in the commission of any such offenses shall be subject to seizure and impoundment as provided in this Section:

(i) the knowing possession of more than 30 grams of cannabis as provided in Section 4 of the Cannabis Control Act (720 ILCS 550/4) or the knowing possession of a controlled substance as provided in Section 402 of the Illinois Controlled Substances Act (720 ILCS 570/402)

(ii) driving under the influence of alcohol, drugs and/or intoxicating compounds as provided in Section 11-501 of the Illinois Vehicle Code (625 ILCS 5/11-501).

(iii) driving on a suspended or revoked license as defined in Section 5/6-303 of the Illinois Vehicle Code (625 ILCS 5/6-303).

2. For purposes of this Section, a Motor Vehicle is not considered to have been used in a violation, that would render such Motor Vehicle eligible for seizure and impoundment if: (1) the Motor Vehicle used in the violation was stolen at the time and the theft was reported to the appropriate police authorities within 24 hours after the theft was discovered or reasonably should have been discovered; (2) the Motor Vehicle was operating as a commercial carrier and the violation occurred without the knowledge of the person in control of the Motor Vehicle: or  (3) the alleged Owner of Record provides adequate proof that the Motor Vehicle had been sold to another person prior to the violation

3. If an administrative penalty is imposed against the Owner of Record of a vehicle pursuant to Section      (b)1 above, and if the person who was charged with the offense which led to the imposition of said administrative penalty is later found to be not guilty of said offense, then the administrative penalty shall be refunded to the Owner of Record of said vehicle. The Owner of Record shall apply to the Chief of Police of the City of Fairbury for said refund and the Chief of Police shall approve said refund upon receiving proof of said finding of not guilty.

(c) Administrative Penalty.

Whenever a police officer has probable cause to believe that a Motor Vehicle is subject to seizure and impoundment pursuant to Paragraph (b) of this Section such police officer shall provide for the towing of such Motor Vehicle to a facility designated by the City of Fairbury, Illinois. Before or at the time the Motor Vehicle is towed, the police officer shall notify the Owner of Record or the person in control of the Motor Vehicle at the time of the alleged violation, whichever is present if there is such a person, of the fact of the seizure and impoundment and the right of the Owner of Record to petition the Chief of Police to reverse the administrative penalty, in writing, on the next business day.  The Chief of Police, upon his denial, will inform the Owner of Record of his/her right to request a vehicle impoundment hearing under this Chapter.

(d) Notice.

Within 72 hours after a Motor Vehicle is seized and impounded pursuant to paragraph (c) of this Section, the police department shall notify by certified mail the Owner of Record and any lien holder of record of the fact of the seizure and impoundment and the right to request a Motor Vehicle impoundment hearing under this Chapter.  However, no such notice need be sent to the Owner of Record if the Owner of Record is personally served with the notice at the time the Motor Vehicle is seized and impounded and the Owner of Record acknowledges receipt of such notice in writing. A copy of such notice shall be forwarded to the hearing officer. The notice shall state the penalties that may be imposed if no hearing is requested, including that a Motor Vehicle not released by payment of the administrative penalty and applicable towing and storage fees may be sold or disposed of by the City of Fairbury, Illinois, in accordance with applicable law.

(e) Hearing.

The Owner of Record seeking a vehicle impoundment hearing shall file a written request for such a hearing with the Police Department of the City of Fairbury, Illinois, no later than 15 days after notice was mailed or otherwise given to the Owner of Record under paragraphs (c) or (d) of this Section. The hearing date shall be no more than 10 calendar days after a request for a vehicle impoundment hearing has been filed. If, after the vehicle Impoundment hearing, the hearing officer determines by a preponderance of the evidence that the Motor Vehicle was used in the violation, the hearing officer shall enter an order finding the Owner of Record liable to the City of Fairbury, Illinois, for the amount of the administrative penalty prescribed, plus applicable towing and storage fees payable to the towing agent. If, after a hearing, the hearing officer does not determine by a preponderance of   the evidence     that the Motor Vehicle was used in such a violation, the hearing officer shall enter an order finding for the Owner of Record and for the  return of the Motor Vehicle and any previously paid administrative penalty and applicable towing and storage fees: provided that if the Motor Vehicle was seized and impounded pursuant to state or federal drug asset forfeiture laws, the Motor Vehicle shall not be returned unless and until the City of Fairbury, Illinois, receives notice from the appropriate state, or where applicable, federal officials that (i) forfeiture proceedings will not be instituted: or (ii) forfeiture proceedings have concluded and there is a settlement or a court order providing that the Motor  Vehicle shall be returned to the Owner of Record. If the Owner of Record requests a vehicle impoundment hearing but fails to appear at such hearing or fails to request a vehicle impoundment hearing in a timely manner, the Owner of Record shall be deemed to have waived his or her right to such a hearing and the hearing officer shall enter a default order in favor of the City of Fairbury, Illinois, for the amount of the administrative penalty prescribed, plus applicable towing and storage fees payable to the towing agent.  However, if the Owner of Record pays such administrative penalty and applicable towing and storage fees and the Motor Vehicle is returned to the Owner of Record, no default order need be entered if the Owner of Record is informed of his or her right to a hearing and signs a written waiver, in which case an order of liability shall be deemed to have been made when the City of Fairbury, Illinois, receives the written waiver

(f) Hearing officer; proceedings.

1. The Mayor or his or her designee shall serve as the hearing officer for vehicle impoundment hearings under this Section.

2. All interested persons shall be given a reasonable opportunity to be heard at any vehicle impoundment hearing. The formal rules of evidence will not apply at any such hearing.

3. Any sworn or affirmed report, including a report prepared in compliance with Section 11-501.1 of the Illinois Vehicle Code (625 ILCS 5/11-501 .1) that (1) is prepared in the performance of a law enforcement officer’s duties and (2) sufficiently describes the circumstances leading to the impoundment, shall be admissible evidence of the Owner of Record’s liability under paragraph (b) of this Section and shall support a finding of the Owner of Record’s liability under paragraph (b) of  this Section unless rebutted by clear and convincing evidence.

(g)  Disposition of impounded vehicle.

An administrative penalty imposed pursuant to this Chapter shall constitute a debt due and owing the City of Fairbury, Illinois, which may be enforced in any manner provided by law. Except as otherwise provided in this Chapter, a Motor Vehicle impounded pursuant to this Chapter shall remain impounded until (1) the administrative penalty is paid in full to the City of Fairbury, Illinois, and all applicable towing and storage fees are paid to the towing agent, in which case the Owner of Record shall be given possession of the Motor Vehicle,  (2) a cash bond in the amount of $350.00 is posted with the City of Fairbury, Illinois, and all applicable towing and storage fees are paid to the towing agent, at which time the Motor Vehicle shall be released to the Owner of Record, or (3) the Motor Vehicle is sold or otherwise disposed of to satisfy a judgment or enforce a lien as provided by law. Notwithstanding any other provision of this Section, whenever a person with a lien of record against a Motor Vehicle impounded under this Section has commenced foreclosure proceedings, possession of the Motor Vehicle shall be given to that person if he or she pays the applicable towing and storage fees and agrees in writing to refund to the City of Fairbury, Illinois, the net proceeds of any foreclosure sale, less   any amounts necessary to pay all lien holders of record, up to the total amount of administrative penalties imposed under this Section. Notwithstanding any other provision of this Section, no vehicle that was seized and impounded pursuant to state or federal drug asset forfeiture laws shall be returned to the Owner of Record unless and until the City of Fairbury, Illinois, has received notice from the appropriate state, or where applicable, federal officials that (i) forfeiture proceedings will not be instituted: or (ii) forfeiture proceedings have concluded and there is a settlement or a court order providing that the vehicle shall be returned to the Owner of Record.

(h) Posting of bond.

If a cash bond in the amount of $350.00 is posted with the City of Fairbury, Illinois, the Impounded Motor Vehicle shall be released to the Owner of Record upon the payment of any applicable towing and storage fees to the towing agent. If an administrative penalty is imposed for any violation under paragraph (b) of this Section, the $350.00 cash bond will be forfeited to the City of Fairbury, Illinois; however, in the event a violation under paragraph (b) of this Section, is not proven by preponderance of the evidence, the $350.00 cash bond will be returned to the person posting the bond. All bond money to be forfeited to the City of Fairbury, Illinois, pursuant to this Section shall be held by the City  of Fairbury, Illinois, until 30 days after an administrative penalty is imposed by the hearing officer under this Section, or, if there is a judicial review, until such judgment is rendered by a court of  competent jurisdiction.

(i) Failure to pay penalty.

If the administrative penalty and applicable towing and storage fees are not paid within 30 days after an administrative penalty is imposed under this Section against an Owner of Record who defaults by failing to appear at the vehicle impoundment hearing, the Motor Vehicle shall be deemed unclaimed and shall be disposed of in the manner provided by law for the disposition of unclaimed vehicles. In all other cases, if the administrative penalty and applicable towing and storage fees are not paid within 30 days after the expiration of time at which administrative review of the hearing officer’s determination may be sought, or within 30 days after an action seeking administrative review has been resolved in favor of the City of Fairbury, Illinois, whichever is applicable, the Motor Vehicle shall be deemed unclaimed and shall be disposed of in the manner provided by law for the disposition of unclaimed vehicles; provided that, if the Motor Vehicle was seized and impounded pursuant to state or federal drug asset forfeiture laws and proceedings have been instituted under state or federal drug asset forfeiture laws, the Motor Vehicle may not be disposed of by the City of Fairbury, Illinois, except as consistent with those proceedings.

.19  ESTABLISHING HALLOWEEN TRICK OR TREAT HOURS

 Trick or Treat hours for Halloween shall be from 4:00 p.m. to 8:00 p.m. on October 31 of every year beginning in 2011.