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Title 6 Public Safety POLICE DEPARTMENT SECTION: 6-1-1: Composition of Department 6-1-1: COMPOSITION OF DEPARTMENT: A. There shall be a Police Department which shall be an executive department of the City. B. There shall be within the Police Department the following classification of ranks and number of persons within the various ranks in order of their superiority which shall be as follows: One (1) Chief of Police In case of a vacancy in any office or position herein designated, neither the Chief of Police nor the City Manager shall be required to fill such office or position if in their judgment and discretion there is no necessity therefor. (Ord. No. 2286 3/25/02) (Ord. No. 2348 11/10/03) (Ord.No. 2479 06/26/06) 6-1-2: CHIEF OF POLICE; DEPUTY POLICE CHIEF: A. Office; Appointment: 1. There is hereby created the Office of Chief of Police. The Chief of Police shall be appointed by the Manager. 2. In the appointment of a new Chief of Police, preference shall be given to members of the Police Department of the City in consideration for such appointment. 3. There is hereby created the office of Deputy Police Chief, an administrative position in the Police Department. The said position shall be filled by appointment by the Police Chief with the advice of the City Manager from those persons with the rank of Lieutenant or higher, to serve for no set term. In the absence or disability of the Police Chief, the Deputy Police Chief designated by the Police Chief (or Manager if the Police Chief has not done so) shall be in command of the Police Department. The Deputy Police Chief shall have such other duties as may be assigned to him or her by the Police Chief. B. Resignation or Dismissal: In the event of the resignation, dismissal not for disciplinary reasons, or the failure to be reappointed, such Chief of Police shall have the right, at his option, to return to the position which the said Chief held prior to his appointment as such Chief of Police, with credit toward seniority for his time served as Chief of Police. The right to return to such prior rank shall be absolute without any regard to whether a vacancy then exists in such rank. C. Duties: The Chief of Police shall keep such records and make such reports concerning the activities of his Department as may be required by Statute or by the City Council. The Chief shall be responsible for the performance of the Police Department, of all its functions, and all persons who are members of the Department shall serve subject to the orders of the Chief of Police. 6-1-3: DEPARTMENT MEMBERS: A. Applications and Appointments: All appointments to, and promotions within, the Police Department shall be made by the Board of Fire and Police Commissioners as provided by statute, (65 ILCS 5/10-2.1-1 et seq.; see also Title 2, Chapter 4 of this Code.) except: 1. as to the appointment of the Chief of Police and Deputy Police Chief whose appointment shall be as provided for in subsection 6-1-2A hereof; and 2. an individual may be selected for appointment to the Police Department of the City of Pekin to the position of Patrol Officer by the Board of Fire and Police Commissioners, if he or she meets the following qualifications: (a) the applicant has previously successfully completed an initial probationary period as a police officer in the United States of America; and (b) the applicant (1) Is currently an officer in good standing in the police department in which the applicant serves; or and (c) the applicant has (1) a minimum of one year of full time police experience in the last 30 months in the State of Illinois and has completed a basic training program acceptable to the Illinois Police Officers Training Board; or (Ord. No. 2281 02-11-02 Ord. No. 2566 09/22/08) and (d) the applicant has substantially equivalent skills and abilities as a City of Pekin post-probationary officer; and (e) the applicant has passed such examinations as the Board of Fire and Police Commissioners deems necessary to determine the applicant’s fitness for duties as a police officer. B. Promotions; Competence Exams: All promotions to the next higher rank, except for the rank of Chief and Deputy Police Chief shall be by competitive examination as given by the Board of Police and Fire Commissioners of the City of Pekin under the Rules and Regulations of said Commission, from which a promotional list of eligible employees is derived from each rank. C. No person shall be entitled to appointment as a matter of right under this Section. This Section is enacted pursuant to Section 6 of Article VII of the Constitution of the State of Illinois, and this Section shall prevail in any conflict between this Section and Illinois Municipal Code, pursuant to the provisions of Section 6 of Article VII of the Constitution the State of Illinois. 6-1-4: WITNESS FEES: Any member of the Police Department shall appear as witness whenever this is necessary in a prosecution for a violation of an ordinance or of any State and Federal law. No such member shall retain any witness fee for service as witness in any action or suit to which the City is a party, and fees paid for such services shall be turned over to the Chief of Police, who shall deposit the same with the Finance Director. 6-1-5: RULES AND REGULATIONS: The Chief of Police may make or proscribe such rules and regulations for the hours of duty, vacations, uniforms and conduct of the members of the Police Department as he shall deem advisable, and such rules shall be subject to the approval of the Manager and shall be binding on the members of the Police Department. OFFENSES/MISDEMEANOR CODE SECTION: 6-2-1: General Provisions 6-2-1: GENERAL PROVISIONS: 6-2-1-1: SHORT TITLE: This Chapter shall be known and may be cited as the MISDEMEANOR CODE OF PEKIN, ILLINOIS. 6-2-1-2: DEFINITIONS: ACT: Includes a failure or omission to take action. AIR RIFLE: Means and includes any air gun, air pistol, spring gun, spring pistol, BB gun or pellet gun which impels a pellet constructed of hard plastic, steel, lead, stone or other hard materials with force that reasonably is expected to cause bodily harm or property damage. ANOTHER: A person or persons as defined in this Chapter other than the offender. CONDUCT: An act, or a series of acts, and the accompanying mental state. CONVICTION: A judgment of conviction of sentence entered upon a plea of guilty or upon a verdict or finding of guilty of an offense, rendered by a legally constituted jury or by a court of competent jurisdiction authorized to try the case without a jury. FIREARM: Any device by whatever name known, which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas or escape of gas; excluding, however: A. Any device used exclusively for signaling or safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission; B. Any device used exclusively for the firing of stud cartridges, explosive rivets of stud cartridges, explosive rivets or similar industrial ammunition; C. An antique firearm (other than a machine-gun) which, although designed as a weapon, the State Department of Law Enforcement finds by reason of the date of its manufacture, value, design and other characteristics is primarily a collector's item and is not likely to be used as a weapon. FIREARM AMMUNITION: Any self-contained cartridge or shotgun shell, by whatever name known, which is designed to be used or adaptable to use in a firearm; excluding, however: A. Any ammunition exclusively designed for use with a device used exclusively for signaling or safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission; or B. Any ammunition designed exclusively for use with a stud or rivet driver or other similar industrial ammunition. GARBAGE: Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. LITTER: "Garbage", "refuse" and "rubbish" as defined herein and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare. OFFENSE: A violation of any penal statute of the State or City. PARK: A park, reservation, playground, beach, recreation center or any other public area in the City, owned or used by the City and devoted to active or passive recreation. PERSON: Any individual, public or private corporation, government, partnership or unincorporated association. The masculine gender shall include the feminine, and the singular shall include the plural. POLICE OFFICER: Any person who, by virtue of his office or public employment, is vested by law with a duty to maintain public order or to make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses. PROSECUTION: All legal proceedings by which a person's liability for an offense is determined, commencing with the return of the indictment or issuance of the information and including the final disposition of the case upon appeal. PUBLIC EMPLOYEE: A person, other than a public officer, who is authorized to perform any official function on behalf of, and is paid by, the City or any of its subdivisions or agencies. PUBLIC OFFICER: A person who is elected to office pursuant to a statute or ordinance, or who is appointed to an office which is established, and the qualifications and duties of which are prescribed by statute or ordinance to discharge a public duty for the City or any of its subdivisions or agencies. PUBLIC PLACE: Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public squares, spaces, grounds and buildings. REASONABLE BELIEF or REASONABLY BELIEVES: Means that the person concerned, acting as a reasonable man, believes that the described facts exist. REFUSE: All putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals and solid market and industrial wastes. RIVERFRONT AREA: Riverfront area means the parking lots adjacent to Water Street and Court Street from Caroline Street to Court Street and on Court Street from Main Street West to the Illinois River. (Ord. No. 2622 07/14/10) RUBBISH: Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials. 6-2-1-3: CITY JURISDICTION: A. A person is subject to prosecution in this City for an offense which he commits while either within or outside the City by his own conduct or that of another for which he is legally accountable, if: 1. The offense is committed either wholly or partly within the City; or 2. The conduct outside the City constitutes an attempt to commit an offense within the City; or 3. The conduct outside the City constitutes a conspiracy to commit an offense within the City, and an act in furtherance of the conspiracy occurs in the City; or 4. The conduct within the City constitutes an attempt, solicitation or conspiracy to commit in another jurisdiction an offense under the laws of both this City and such other jurisdiction. B. An offense is committed partly within this City if either the conduct which is an element of the offense, or the result which is such an element, occurs within the City. C. An offense which is based on an omission to perform a duty imposed by the laws of this City is committed within the City regardless of the location of the offender at the time of the omission. 6-2-1-4: CRIMINAL HISTORY RECORD INFORMATION PREPARATION FEE: A fee of ten dollars ($10.00) for the preparation and processing of an individual criminal history record shall be paid to the City at the time that an individual applies for a copy of his criminal history record. 6-2-1-5: CIVIL REMEDIES PRESERVED: The Chapter does not bar, or otherwise affect any right or liability to damages, penalty, forfeiture or other remedy authorized by law to be recovered or enforced in a civil action for any conduct which this Chapter makes punishable, and civil injury is not merged in the offense. 6-2-1-6: PENALTIES: Unless otherwise specifically provided in this Chapter, violations of any provision thereof shall be punishable by a fine of not less than seventy five ($75.00) nor more than seven hundred fifty dollars ($750.00). 6-2-2: CIVIL EMERGENCY PROVISIONS: 6-2-2-1: DEFINITIONS: For the purposes of this Section 6-2-2, the following words shall have the meanings ascribed herein: CIVIL EMERGENCY: A. Any riot or unlawful assembly characterized by the use of actual force or violence or any threat to use force, if accompanied by immediate power to execute, by three (3) or more persons acting together without authority of law; or B. Any natural disaster or man-made calamity, including flood, conflagration, cyclone, tornado, earthquake or explosion within the corporate limits of the City, resulting in the death or injury of persons or the destruction of property to such an extent that extraordinary measures must be taken to protect the public health, safety and welfare. CURFEW: A prohibition against any person or persons walking, running, loitering, standing or motoring upon any alley, street, highway, public property or vacant premises within the corporate limits of the City, excepting officials of any governmental unit and persons officially designated to duty with reference to said civil emergency. 6-2-2-2: DECLARATION OF EMERGENCY: Whenever a civil emergency as defined in the preceding Section exists, the Mayor shall declare its existence by means of a written declaration setting forth the facts which constitute the emergency. 6-2-2-3: GENERAL CURFEW: After proclamation of a civil emergency by the Mayor, he may order a general curfew applicable to such geographical areas of the City or to the City as a whole as he deems advisable and applicable during such hours of the day or night as he deems necessary in the interest of the public safety and welfare. 6-2-2-4: GENERAL ORDERS: After the proclamation of a civil emergency, the Mayor may also, in the interest of public safety and welfare, make any or all of the following orders: A. Order the closing of all retail alcoholic liquor businesses, including taverns and private clubs or portions thereof wherein the consumption of intoxicating liquor and beer is permitted. B. Order the discontinuance of the sale of alcoholic liquor by any wholesaler or retailer. C. Order the discontinuance of selling, distributing or giving away of gasoline or other liquid flammable or combustible products in a container other than gasoline tank properly affixed to a motor vehicle. D. Order the discontinuance of selling, distributing, dispensing or giving away of any firearms or ammunition of any character whatsoever. E. Issue such other orders as are imminently necessary for the protection of life and property. 6-2-2-5: DURATION OF PROCLAMATION: The proclamation herein authorized shall be effective for a period of forty eight (48) hours unless sooner terminated by a proclamation of the Mayor indicating that the civil emergency no longer exists. The Mayor shall have the power to re-proclaim the existence of a civil emergency at the end of each forty eight (48) hour period during the time the said civil emergency exists. 6-2-2-6: NOTICE OF PROCLAMATION: Upon issuing the proclamation herein authorized, the Chief of Police shall notify the news media situated within the City and shall cause three (3) copies of the proclamation declaring the existence of the emergency posted at the following places within the City: The City Hall, the Police Station and the United States Post Office. 6-2-2-7: VIOLATIONS AND PENALTIES: Any person violating the above civil emergency provisions or the executive order issued pursuant thereto shall be guilty of an offense against the City and shall be subject to penalty as provided in Section 6-2-1-6 of this Code. 6-2-2-8: CONSTRUCTION: Nothing contained in this Chapter shall be construed to impair the powers contained in other provisions of the Municipal Code of the City or any rules or regulations pursuant thereto, giving powers to the Police and Fire Departments, but shall be construed together with existing ordinances that are now or shall be in effect for the safety and welfare of the citizens of the City. 6-2-3: OFFENSES INVOLVING PUBLIC ORDER: 6-2-3-1: DISORDERLY CONDUCT; DISTURBANCES: A. Disorderly Conduct; Breach of Peace: A person commits disorderly conduct when he knowingly: 1. Engages in any violent, tumultuous, offensive or disorderly conduct; by threatening, quarreling, challenging to fight or fighting; or by using obscene, offensive, profane or unseemly language to the annoyance, disturbance or vexation of another; or be guilty of any conduct calculated to breach the peace; 2. Transmits in any manner to the Fire Department of the City a false alarm of fire, knowing at the time of such transmission that there is no reasonable ground for believing that such fire exists; 3. Transmits in any manner to another a false alarm to the effect that a bomb or other explosive of any nature is concealed in such place that its explosion would endanger human life, knowing at the time of such transmission that there is no reasonable ground for believing that such bomb or explosive is concealed in such place; 4. Transmits in any manner to any peace officer, public officer or public employee a report to the effect that an offense has been committed, knowing at the time of such transmission that there is no reasonable ground for believing that such an offense has been committed; 5. Enters upon the property of another and for a lewd or unlawful purpose deliberately looks into a dwelling on the property through any window or other opening in it; 6. While acting as a collection agency as defined in the "Collection Agency Act", of the State of Illinois (225 ILCS 425/1 et seq.) or as an employee of such collection agency, and while attempting to collect an alleged debt, makes a telephone call to the alleged debt, makes a telephone call to the alleged debtor which is designed to harass, annoy or intimidate the alleged debtor; 7. It shall be unlawful for any person to make, or permit another to make, any obscene, anonymous or falsely-represented telephone calls to another person for the purpose or reason of nuisance or harassment; or 8. Aids or abets anyone committing any of the above set out acts. B. Disturbing Lawful Assembles: It shall be unlawful for any person to willfully interrupt or disturb any funeral assembly, funeral procession, school, any assembly met for the worship of God or any other assembly met for a lawful purpose. C. Disturbing Elections, Election Process: It shall be unlawful for any person to create any disturbance at an election poll or to willfully interfere with the election process. 6-2-3-2: ASSAULT, BATTERY AND AFFRAY: A. Definitions: ASSAULT: A person commits an assault when, without lawful authority, he engages in conduct which places another in reasonable apprehension of receiving a battery. BATTERY: A person commits battery if he intentionally or knowingly, without legal justification and by any means: 1. causes bodily harm to an individual, or 2. makes physical contact of an insulting or provoking nature with an individual. B. Prohibited: It shall be unlawful for any person to knowingly commit any assault or assault and battery anywhere within the City. 6-2-3-3: RECKLESS CONDUCT: A person who causes bodily harm to, or endangers the bodily safety of, an individual by any means commits reckless conduct if he performs recklessly the acts which cause the harm or endanger the safety of an individual, whether they are lawful or unlawful. 6-2-3-4: UNLAWFUL ASSEMBLIES; MOB ACTIONS: A. Unlawful Assemblies: 1. It shall be unlawful for any two (2) or more persons to assemble together for any unlawful purpose, or, being assembled, to act in concert to do an unlawful act against the property of the City or the person or property of another or against the public peace, or to make any movement or preparation therefor. 2. It shall be unlawful for any person to knowingly suffer or permit any assemblage for the purpose of committing any unlawful act or breach of the peace or any riotous, offensive or disorderly conduct in or upon premises owned or occupied by him, or under his control within the City. B. Mob Action: It shall be unlawful for any person to participate in mob action, which is defined as follows: 1. The use of force, violence or other disruptive conduct by two (2) or more persons acting together, without lawful authority, so as to constitute a breach of the peace; or 2. The assembly of two (2) or more persons without authority of law to do violence to the person or property of another. 6-2-3-5: OBSTRUCTION; RESISTING OFFICERS: A. Resisting Arrest: It shall be unlawful for any person to knowingly or willfully resist an arrest which he knows is being made by a police officer authorized to make an arrest, even if he believes that the arrest is unlawful, and the arrest is in fact unlawful. B. Police and Fire Officers; Interfering and Obeying: It shall be unlawful for any person to: 1. Knowingly prevent, obstruct, harass or endanger, by any means, any police officer, fire officer or other official or employee or any military personnel on emergency duty within the City, in the lawful performance of his duties. 2. Knowingly or willfully refuse or neglect to obey, without reasonable justification therefor, any lawful order or direction of any police officer, fire officer or other official or employee or any military personnel on emergency duty within the City. 6-2-3-6: OBSTRUCTING STAIRWAYS OR EXITS: It shall be unlawful to obstruct or permit the obstruction of any stairway, aisles, corridor or exit in any office building, factory, hotel, school, church, theater, assembly hall, lodge or other public hall or any building used by two (2) or more tenants or families in such a manner that interferes with the free use of such stairway, aisle, corridor or exit. 6-2-3-7: UNLAWFUL POSSESSION OF CONTRABAND: A. It shall be unlawful for any person, corporation, or other entity to sell, distribute, offer for sale, manufacture, purchase, possess, carry, toss, throw or place down any jack-rock or any similar item comprised of nails or other materials of like character attached together or to a weight in a manner such that one sharp point is directed upwards regardless of how the item is placed or thrown onto a flat surface. C. Upon the discovery of such item, the police officer or other enforcement officer shall confiscate the item, and it shall be held as an item of evidence. The item shall be destroyed when no longer needed for prosecution or other lawful purposes. In no event shall the item be returned to the individual or entity charged with a violation of this Article. D. The sale, offering for sale, distribution, manufacturing, purchase, possession, throwing, tossing or placing of any item referred to in paragraph A. shall constitute a separate and distinct offense for each individual item discovered. 6-2-3-8: GRAFFITI (Ord. No. 2628-10/11 10-12-10) DEFINITIONS: The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the content clearly indicates a different meaning: AEROSOL PAINT CONTAINER means any aerosol container that is adapted or made for the purpose of applying spray, paint or other substances capable of defacing property. BROAD-TIPPED MARKER means any felt tip indelible marker or similar implement with a flat or angled writing surface that, at its broadest width, is greater than one-quarter of an inch, containing ink or other pigmented liquid that is not water soluble. ETCHING EQUIPMENT means any tool, device or substance that can be used to make permanent marks on any natural or man-made surface. GRAFFITI means any inscription, word, figure, painting or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted or engraved on or otherwise affixed to any surface of public or private property by any graffiti implements not authorized in advance by the owner or occupant of the property. GRAFFITI IMPLEMENTS means an aerosol paint container, a broad-tipped marker, paint stick, etching equipment, brush or any other device capable of scarring or leaving a visible mark on any natural or man-made surface. PAINT STICK means any device containing a solid form of paint, chalk, wax, epoxy or other similar substance capable of being applied to a surface by pressure and leaving a mark of at least one-eighth of an inch in width. PROHIBITED ACTS Defacement. It shall be unlawful for any person to apply graffiti to any natural or man-made surface on any City owned property or, without the permission of the owner or occupant, on any property not owned by the City. Possession of graffiti implements. It shall be unlawful for any person to possess any graffiti implement while on public property, or on private property with intent to use in violation of this ordinance. ABATEMENT When graffiti is found upon any property, the Chief of Police or Director of Code Enforcement or their designees shall post a notice on the property and send a written notice to the owner of the property by first class mail. Said notice shall notify the owner that the owner has ten (10) days in which to remove the graffiti; grant permission to the City to remove the graffiti at the City’s expense; or notify the City that the markings on his or her property were authorized in advance and therefore are not graffiti. If, after ten (10) days from the posting and sending of said notice, the property owner fails to remove the graffiti, grant permission to the City to remove the graffiti; or notify the City that the markings are not graffiti, then the City may remove the graffiti at its expense. If the property owner is at the property to receive the aforementioned notice personally, then the posting and mailing of said notice shall not be necessary. 6-2-4: WEAPONS: 6-2-4-1: UNLAWFUL USE: A. It shall be unlawful for any person to: 1. Sell, manufacture, purchase, possess or carry any bludgeon, blackjack, slingshot, sand-club, sand-bag, metal knuckles or any knife, commonly referred to as a switchblade knife, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife. 2. Carry or possess with intent to use the same unlawfully against another, a dagger, dirk, billy, dangerous knife, razor, stiletto, broken bottle or other piece of glass, or any other dangerous or deadly weapons or instrument of like character. 3. Carry concealed in any vehicle or concealed on or about his person, except when on his land or in his own abode or fixed place of business, any pistol, revolver or other firearm. 4. Set a spring gun. 5. Possess any device or attachment of any kind designed, used or intended for use in silencing the report of any firearm. 6. Possess or carry any weapon from which more than eight (8) shots or bullets may be discharged by a single function of the firing device; any shotgun with a barrel less than eighteen inches (18") in length; or any bomb, bomb-shell, grenade, bottle or other container containing an explosive substance, such as, but not limited to, black powder bombs and Molotov cocktails. 7. Carry or possess any firearm or other deadly weapon in any place which is licensed to sell alcoholic liquor, or at any public gathering held pursuant to a license issued by any governmental body or any public gathering at which ad admission is charged, excluding any place where a showing, demonstration or lecture involving the exhibition of unloaded firearms is conducted within the limits of the City. (720 ILCS 5/24-1). 8. To have or carry, except a person permitted by law, any shotgun or rifle or air rifle in or on any vehicle, unless such shotgun or rifle or air rifle is dismantled to render it incapable of being fired or is unloaded and enclosed in a case; the mere removal of the bolt from a bolt-action rifle shall not be construed as dismantled so as to render it incapable of firing. B. The presence in an automobile other than a public omnibus of any weapon, instrument or substance referred to in paragraph A7 above is prima facie evidence that it is in the possession of and is being carried by all persons occupying such automobile at the time such weapon, instrument or substance is found, except under the following circumstances: 1. If such weapon, instrument or instrumentality is found upon the person of one of the occupants therein; or 2. If such weapon, instrument or substance is found in an automobile operated for hire by a duly licensed driver in the due, lawful and proper pursuit of his trade, then such presumption shall not apply to the driver. C. Paragraphs A1, 3, 4, 6, 7, and 8 above shall not be construed to apply to any duly authorized and appointed police officer of this City, or of the State of Illinois or of the United States or to any member of the Armed Forces or Reserved Forces of the United States, or the Illinois National Guard while in the performance of their duties. Neither shall A 3, 4, 6 or 7 be construed to apply to any person possessing or carrying a paint ball guns, at a recreational facility, lawfully and properly operating within the city limits, nor to the transportation of such paint ball gun or guns to and from a recreational facility. (Ord. No. 2269 10-22-01) 6-2-4-2: FIRING OR DISCHARGING: (430 ILCS 65/1) A. It shall be unlawful for any person to fire or discharge any firearms, air rifles, sling-shot, bow, cross-bow or other device designed to fire, project or throw any stone, bullet or other hard substance within the City; provided, however, that this Section shall not apply to any police officer discharging his firearm in performance of his duty, nor any citizen from discharging any firearm when lawfully defending his person or property. B. The firing or discharging of weapons within the City shall be permitted if approved by resolution of the Pekin City Council for specified uses of weapons having historical interest or uses presenting an otherwise valid public interest including public enjoyment such as a shooting range, or at recreational or park district facilities within the city limits, lawfully and properly operating as an archery range. (Ord. No. 2269 10-22-01) 6-2-4-3: SALE OF FIREARMS OR WEAPONS TO MINORS; POSSESSION OF FIREARMS OR WEAPONS BY MINORS: (720 ILCS 5/24-3). A. It shall be unlawful for any person to sell any firearm, air rifle (as defined in Section 6-2-1-2 of this Chapter), bludgeon, blackjack, slung-shot, sand-club, sand-bag, metal knuckles, dagger, dirk, billy, dangerous knife, stiletto, or any knife commonly referred to as a switchblade which has a blade which opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, to any person under eighteen (18) years of age. B. It shall be an affirmative defense for any person having sold such weapon that: 1. The minor procured this sale by use of false or forged identification cards; 2. He did not know, and could not reasonably have known, of the falsity or forgery; 3. He exercised reasonable diligence to determine the veracity of the information (representation). C. It shall be unlawful for any minor to possess any bludgeon, blackjack, slingshot, sand-club, metal knuckles, dagger, dirk, billy, dangerous knife, stiletto, or any knife commonly referred to as a switchblade knife which has a blade which opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife. D. It shall be unlawful for any minor under the age of eighteen (18) to possess any firearm or air rifle unless under the direct and immediate supervision of that minor's parent, step-parent, adoptive parent, guardian or a responsible adult. E. It shall be unlawful for any parent of a minor, including step-parent, adoptive parents or guardians, to knowingly allow said minor to possess any weapon in violation of either subsections C or D above. 6-2-4-4: UNLAWFUL DISPLAY: It shall be unlawful for any person in possession of any weapon or device set forth in this Chapter to display or flourish any such weapon in a threatening or boisterous manner such as might alarm a reasonable man. 6-2-4-5: CONFISCATION AND DISPOSITION OF WEAPONS: (720 ILCS 5/24-6). A. Upon conviction of a violation of Sections 6-2-4-1 through 6-2-4-4 of this Chapter, any weapons seized may be confiscated by the trial court. B. Any stolen weapon so confiscated, when no longer needed for evidentiary purposes, shall be returned to the person entitled to possession, if known. All other confiscated weapons after the disposition of a criminal case and when no longer needed for evidentiary purposes, and when in due course no legitimate claim has been made for such weapons to the Sheriff of the County who shall proceed to destroy them or may, in his discretion, order such weapons preserved as property of the governmental body whose police agency seized the weapon. If, after the disposition of a criminal case, a need still exists for the use of said confiscated weapons for evidentiary purposes, the court may transfer such weapons to the custody of the State Department of Corrections for preservation. 6-2-5: OFFENSES INVOLVING HEALTH, SAFETY AND CHILDREN: 6-2-5-1: NUISANCES; CREATING; MAINTAINING: (See also Title 5, Chapter 1 of this Code.) A. Definition: For the purpose of this Chapter, the word "nuisance" is defined to mean any condition or use of premises or of building exteriors which is detrimental to the property of others or which causes or tends to cause substantial diminution in the value of other property in the neighborhood in which such premises are located. This includes, but is not limited to, the keeping or the depositing on, or the scattering over the premises of, any of the following: 1. Lumber, junk, trash or debris. 2. Abandoned, discarded or unused objects or equipment such as furniture, stoves, refrigerators, freezers, cans or containers. 3. Junked motor vehicles or disabled motor vehicles which includes any vehicle, including trailers, which is without currently valid license plates or is in either substantially wrecked, discarded, dismantled, inoperative or abandoned condition. B. Duty of Maintenance of Private Property: No person owning, leasing, occupying, or having charge of any premises shall maintain or keep any nuisance thereon, nor shall any such person keep or maintain such premises in a manner causing substantial diminution in the neighborhood in which such premises are located. C. Exterior Storage Prohibited: No person in charge of or in control of premises, whether as owner, lessee, tenant, occupant or otherwise, shall allow any lumber, junk, trash, debris, abandoned, discarded or unused objects or equipment, including but not limited to furniture, stoves, refrigerators, freezers, cans, containers, or any junked motor vehicle or disabled motor vehicle which includes any vehicle, including trailers, which is without currently valid license plates, or is in either substantially wrecked, discarded, dismantled, inoperative or abandoned condition to remain on such property longer than seven (7) days. D. Notice to Abate: 1. The Police of Chief or the Code Enforcement Officer is hereby authorized and empowered to notify the person in control of any private property, whether as owner, lessee, tenant, occupant or otherwise, to remove from the property, any lumber, junk, trash, debris, abandoned or unused equipment including, but not limited to, furniture, stoves, refrigerators, freezers, cans, containers, junked motor vehicles or disabled motor vehicles which includes any vehicle, including trailers, which is without currently valid license plates, or is in either substantially wrecked, discarded, dismantled, inoperative or abandoned condition which are stored in violation of this Code. 2. Said notice shall allow said person five (5) days to remove said property, and in the event same is not so removed, the provisions of this Code shall apply. Such notice shall be given by certified or registered mail, addressed to the person occupying or in control of the premises in question. E. Penalty: Any person violating the provisions of this Section shall be subject to penalty as provided in Section 6-2-1-6 of this Code. F. Abatement by City: In addition to the penalty provided for in this Section, whenever any person fails to abate said nuisance within the period allowed by this Section, then the City shall cause the same to be abated, the expenses therefor to be billed to said owners jointly and severally, said bill to be recoverable in a suit at law, and in addition, any person who by reason of another's violation of any provision of this Section suffers damage to himself different from that suffered by any other property owners throughout the City generally may bring an action to enjoin or otherwise abate an existing violation. 6-2-5-2: FIRES: (See also subsection 5-2A-4B of this Code.) A. Dangerous Fires: (720 ILCS 5/20-1.) It shall be unlawful for any person to start by any means, or to permit another to start, any fire which endangers or damages the health, person or property of another. B. Bonfires: 1. It shall be unlawful to build or light any bonfire so close to any building or other structure as to endanger such building or structure, or upon any street or sidewalk pavement. 2. It shall be unlawful to burn papers, excelsior or other material within the City which may be blown about by the wind, unless the same is burned in a stove, fireplace or furnace, or an incinerator with a trap sufficiently fine to prevent the escape of flyash or ignited parcels. 6-2-5-3: POSSESSION OF CANNABIS PROHIBITED: A. Definition: As used in this Section, "cannabis" includes marijuana, hashish and other substances which are identified as including any parts of the plant Cannabis Sativa, whether growing or not, the seeds thereof, the resin extracted from any part of such plant and any compound, manufacture, sale, derivative, mixture, or preparation of such plant, its seeds or resin including tetrahydrocannabinol (THC) and all other cannabinol derivatives, including its naturally occurring or synthetically produced ingredients, whether produced directly or indirectly by extraction, or independently by means of chemical synthesis; but shall not include the mature stalks of such plant, fiber produced from stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of such plant which is incapable of germination. B. Violation and Penalty: It is unlawful for any person to knowingly possess cannabis. Any person who violates this Section with respect to: 1. Possessing less than two and five-tenths (2.5) grams of any substance containing cannabis shall be fined not less than two hundred dollars ($200.00) and not more than seven hundred and fifty dollars ($750.00). 2. Possessing more than two and five-tenths (2.5) grams but not more than ten (10) grams of any substance containing cannabis shall be fined not less than three hundred dollars ($300.00) and not more than seven hundred and fifty dollars ($750.00). 2. Possessing more than ten (10) grams but not more than thirty (30) grams of any substance containing cannabis shall be fined not less than four hundred dollars ($400.00) and not more than seven hundred and fifty dollars ($500.00). 6-2-5-3a: DRUG PARAPHERNALIA: A. Definition: As used in this Section, "Drug paraphernalia" means all equipment, products and materials of any kind which are peculiar to and marketed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body cannabis or a controlled substance in violation of the "Cannabis Control Act" or the "Illinois Controlled Substance Act". It includes, but is not limited to: (1) Kits peculiar to and marketed for use in manufacturing, compounding, converting, producing, processing or preparing cannabis or a controlled substance; (2) Isomerization devices peculiar to and marketed for use in increasing the potency of any species of plant which is cannabis or a controlled substance; (3) Testing equipment peculiar to and marketed for private home use in identifying or in analyzing the strength, effectiveness or purity of cannabis or controlled substances; (4) Diluents and adulterants peculiar to and marketed for cutting cannabis or a controlled substance by private persons; (5) Objects peculiar to and marketed for use in ingesting, inhaling, or otherwise introducing cannabis, cocaine, hashish, or hashish oil into the human body including where applicable, the following items: 1. Knowingly possessing an item of drug paraphernalia with the intent to use it in ingesting, inhaling, or otherwise introducing cannabis or a controlled substance into the human body, or in preparing cannabis or a controlled substance for that use shall be fined not less than One Hundred ($100.00) no more than Five Hundred ($500.00) Dollars. 3. The second offense for knowingly possessing drug paraphernalia with the intent to use it in ingesting, inhaling or otherwise introducing cannabis or controlled substance into the human body, or in preparing cannabis or a controlled substance for that use shall be punished by a fine of Five Hundred ($500.00) Dollars. 4. In determining intent under subsection (a), the trier of fact may take into consideration the proximity of the cannabis or controlled substances to drug paraphernalia or to the presence of cannabis or controlled substance on the drug paraphernalia C. This ordinance incorporated as exempt items those set forth in 720 ILCS 60/400. D. This provision is intended to be used solely for the suppression of the possession of items that are clearly and beyond a reasonable doubt marketed for the illegal and unlawful use marketed or possessed for the illegal and unlawful use of cannabis or controlled substances. To this end all reasonable and common sense inferences shall be drawn in favor of the legitimacy of any transaction or item. 6-2-5-3b: POSSESSION/USE OF SYNTHETIC ALTERNATIVE DRUGS PROHIBITED: (Ord. No. 2651-11/12 2/2/12) 1. A product containing a synthetic alternative drug means any product containing a synthetic cannabinoid, stimulant or psychedelic/hallucinogen, as those terms are defined herein such as, but not limited to, the examples of brand names or identifiers listed on Exhibit “A” attached hereto and incorporated herein. 2. Synthetic cannabinoid means any laboratory-created compound that functions similar to the active ingredient in marijuana, tetrahydrocannabinol (THC), including, but not limited to, any quantity of a natural or synthetic material, compound, mixture, preparation, substance and their analog (including isomers, esters, ethers, salts, and salts of isomers) containing a cannabinoid receptor agonist, such as, but not limited to, the examples of brand names or identifiers listed on Exhibit “A” attached hereto and incorporated herein. 3. Synthetic stimulant means any compound that mimics the effects of any federally controlled Schedule I substance such as cathinone, methcathinone, MDMA and MDEA, including, but not limited to, any quantity of a natural or synthetic material, compound, mixture, preparation, substance and their analog (including salts, isomers, and salts of isomers) containing substances which have a stimulant effect on the central nervous system, such as, but not limited to, the examples of brand names or identifiers listed on Exhibit “A” attached hereto and incorporated herein. 4. Synthetic psychedelic/hallucinogen means any compound that mimics the effects of any federally controlled Schedule I substance, including but not limited to, any quantity of a natural or synthetic material, compound, mixture, preparation, substance and their analog, (including salts, isomers, esters, ethers and salts of isomers) containing substances which have a psychedelic/hallucinogenic effect on the central nervous system and/or brain, such as, but not limited to, the examples of brand names or identifiers listed on Exhibit “A” attached hereto and incorporated herein. (Ord. No. 2651-11/12 2/2/12) 6-2-5-4: SNIFFING OR INHALING OF INTOXICANTS PROHIBITED: A. Use: No person shall breathe, inhale or drink any compound, liquid or chemical containing toluol, hexane, trichlorethylene, acetone, toluene, ethyl acetate, methyl ethyl ketone, trichoroathane, isopropanol, methyl isobutyl ketone, methyl cellosolve acetate, cyclohexanone, or any other substance for the purpose of inducing a condition of intoxication, stupefaction, depression, giddiness, paralysis or irrational behavior, or in any manner changing, distorting or disturbing the auditory, visual or mental processes. For the purposes of this Section, any such condition so induced shall be deemed to be intoxicated condition. B. Sale: No person shall knowingly sell or offer for sale, deliver or give to any person under seventeen (17) years of age, unless upon written order of such person's parent or guardian, any compound, liquid or chemical containing toluol, hexane, trichloroethylene, acetone, toluene, ethyl acetate, methyl ethyl ketone, trichloroathane, isopropanol, methyl isobutyl ketone, methyl cellosolve acetate, cyclohexanone, or any other substance which will induce an intoxicated condition, as defined herein, when the seller, offer or deliverer knows or has reason to know that such compound is intended for use to induce such condition. 6-2-5-5: CONSUMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES: No person may consume or have in his possession an open container or a container with a broken seal containing any alcoholic beverage in any park or vehicle parking area, or on any public street, sidewalk, alley or other public way, or in any restaurant or eating places not licensed to serve alcoholic beverages within the City. 6-2-5-6: FIREWORKS: A. It shall be unlawful for any person to buy, sell, use, ignite or explode fireworks of any kind within the City; provided, however, that a permit may be secured from the City Clerk allowing displays and exhibitions to be held on holidays or other special occasions when adequate precautions are taken and facilities provided to prevent injury to person or property. B. For purposes of this Section, "fireworks" shall mean and include any explosive composition or any substance or combination of substances, or article prepared for the purpose of producing a visible or audible effect of a temporary exhibitional nature by explosion, combustion, deflagration or detonation and shall include blank cartridges, toy cannons in which explosives are used, the type of balloons which require fire underneath to propel the same, firecrackers, torpedoes, sky rockets, Roman candles, sparklers, bombs or other fireworks of like construction and any fireworks containing any explosive compound; or any tablets or other device containing any explosive substance, or containing combustible substances producing visual effects. The term "fireworks" shall not include toy pistols, toy canes, toy guns, or other devices in which paper or plastic caps containing twenty five one-hundredths (.25) grains or less of explosive compound are used; provided, they are so constructed that the hand cannot come in contact with the cap when in place for the explosion, and toy pistol paper or plastic caps which contain less than twenty five one-hundredths (.25) grains of explosive mixture, the sale and use of which shall be permitted at all times. 6-2-5-7: LOUD, DISTURBING AND UNNECESSARY NOISES: (65 ILCS 5/11-5-2.) The creating of any unreasonably loud, disturbing and unnecessary noise within the limits of the City is prohibited. The following acts are declared to be loud, disturbing and unnecessary noises in violation of this Section, but this enumeration shall not be deemed to be exclusive, namely: A. Blowing Horns: The sounding of any horn or signal device on any automobile, motorcycle or bus so as to create an unreasonably loud or harsh sound and the sounding of such device for an unnecessary period of time. B. Radios, Phonographs, etc.: The playing of any radio, phonograph or musical instrument with such volume, particularly between the hours of eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M., as to unreasonably annoy or disturb the quiet, comfort or repose of persons in any office, hospital, dwelling, hotel or other such building. C. Yelling, Shouting, Hooting, etc.: Yelling, shouting, hooting, whistling or singing, particularly on the public streets between the hours of eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M. or at any other time or place so as to unreasonably annoy or disturb the quiet, comfort or repose of any person in the vicinity. D. Pets: The keeping of any animal, bird or fowl which, by causing frequent or long continued noises, shall disturb the comfort or repose of any person in the vicinity. E. Blowing Whistles: The blowing of any steam whistle attached to any stationary boiler, other than to give notice of the time to begin or stop work or as a warning of fire or danger or upon request of proper City authorities. F. Exhaust Discharge: The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle or motorboat engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom. G. Building Operations: The erection (including excavation), demolition, alteration or repair of any building or the excavation of streets or public places in any residential area other than between the hours of seven o'clock (7:00) A.M. and six o'clock (6:00) P.M. Monday through Saturday, except in case of urgent necessity in the interest of public health and safety and then only with a written permit from the Code Enforcement Officer. H. Noises, Near Schools, Hospitals, Churches, etc.: The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same are in session or adjacent to any hospital which unreasonably interferes with the workings or sessions thereof. I. Noises to Attract Attention: The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale or display of merchandise. J. Loud Speakers or Amplifiers (See also Chapter 7 of this Title.): The use of any amplifiers or loud speakers so as to cause offensive sound audible on any street or public place. 6-2-5-8: STENCH BOMBS, NAUSEOUS GASES AND SUBSTANCES: A. Prohibitions: It shall be unlawful for any person to throw, drop, pour, deposit or discharge any liquid, gaseous or solid substance which is injurious to persons or property or which is nauseous, sickening, irritating or offensive to any of the senses, with the intent to unlawfully injure, molest, discomfort or discommode another in the use, management, conduct or control of his personal property. No person shall attempt, or aid in the attempt or commission of any act prohibited therein. B. Accepted Uses: The prohibitions of subsection A above shall not apply to police officers acting in line of duty or to proprietors of business premises or to their employees using such substances for the protection of such business premises when the substances referred to herein are kept solely for the purposes of repelling robbers, thieves, burglars or other such persons violating the law. 6-2-5-9: THROWING MISSILES OR BOTTLES: It shall be unlawful for any person purposely or recklessly to cast, throw, drop or break any stone, rock, brick, glass bottle or other missile or substance from any overpass or onto any street, alley or other public way or in, at or against any person, residence, building, car or other property. 6-2-6: MINORS: 6-2-6-1: CURFEW: A. It shall be unlawful for any minor person under the age of eighteen (18) years to be present at or upon any public assembly, building, place, street or highway at the following times unless accompanied by a parent, legal guardian or other responsible companion at least eighteen (18) years of age, approved by a parent or legal guardian, or unless such minor is engaged in a business or occupation which the laws of this State authorize a person of less than eighteen (18) 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 shall be unlawful for any person to knowingly permit any person in his custody or control to violate subsection A of this Section. C. Penalty: A person convicted of a violation of any provisions of this Section shall be subject to penalty of not less than twenty five dollars ($25.00) nor more than five hundred dollars ($500.00). D. It shall be unlawful for any minor person under the age of eighteen (18) years to be or remain loitering or driving any motor vehicle, automobile, motorcycle or motor scooter upon any street, alley or public place in the City, unless such minor person is accompanied by a parent, guardian or other person having legal custody of such minor person or other responsible companion at least eighteen (18) years of age who is approved by a parent or legal guardian, or unless said minor is engaged in a business occupation which the laws of this State authorize a person of less than eighteen (18) years of age to perform between the hours set out in subsection A of this Section. 6-2-6-2: TRUANCY PROHIBITED: A. Compulsory school age: Whoever has custody of any child between the ages of seven (7) and sixteen (16) years shall cause such child to attend some public, private, or parochial school in the district wherein the child resides the entire time it is in session during the regular school term. B. Definitions: A “truant” is defined as a child subject to compulsory school attendance and who is absent without parental permission from such attendance for the school day or a portion thereof. Parental Permission shall include permission from a person in loco parentis and shall be given for reasons only of personal illness, serious family illness, death in the family, serious home emergencies, necessary and lawful family support, employment, valid religious justification, principal’s permission and compelling family reasons. C. It shall be unlawful for any person under the age of eighteen (18) enrolled in a public, private or parochial school to absent himself or herself from attendance at said school without parental permission. Any person who shall so absent himself or herself shall be guilty of the offense of truancy and shall be subject to a fine as set forth hereafter. In the event the truant is under the age of seventeen (17), the parent or person having control or custody of the truant shall be responsible for any fines levied. Emergency or unforeseen absences due to illness or other causes beyond the control of the person so absenting himself or herself from school without parental permission shall not constitute truancy if permission is submitted in writing to the proper school authorities within twenty-four (24) hours after such absence. D. It shall be unlawful for any person who has custody or control of a child who is between the ages of seven (7) and sixteen (16) years to permit such child not to attend some public, private or parochial school in the district wherein the child resides during the entire time it is in session during the regular school term, without reasonable and adequate excuse, such excuse including personal illness, serious family illness, death in the family, serious home emergency, necessary and lawful family support, employment, valid religious justification, or compelling family reason. Any person violating this section is guilty of the offense of truancy and shall be subject to a fine as set forth hereafter. 6-2-6-3: SALE AND DELIVERY OF TOBACCO PRODUCTS TO MINORS: A. For the purpose of this Article, the following words and phrases shall have the meanings respectively ascribed to them: "Tobacco Products" means any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco. B. It shall be unlawful for any person, including any licensee, to sell, offer for sale, give away or deliver tobacco products to any person under the age of eighteen (18) years. C. It shall be unlawful for any person under the age of eighteen (18) years to purchase tobacco products, or to misrepresent his or her identity or age, or to use any false or altered identification for the purpose of purchasing tobacco products. D. It shall be unlawful for any person under the age of eighteen (18) years to possess any tobacco products; provided that the possession by a person under the age of eighteen (18) years under the direct supervision of the parent or legal guardian of such person in the privacy and confines of the parent's or guardian's home shall not be prohibited. E. It shall be unlawful for any licensee or any person in the business of selling or otherwise distributing, promoting or advertising tobacco products, or any employee or agent of any such licensee or person, in the course of such licensee's or person's business, or any other person, to distribute, give away or deliver tobacco products free of charge to any person in any right-of-way, park, playground or other property owned by the city, or property owned by any school district, park district or public library. F. Penalty: A person convicted of a violation of any provisions of this Section shall be subject to penalty of not less than twenty five dollars ($25.00) nor more than five hundred dollars ($500.00). 6-2-7: OFFENSES INVOLVING PROPERTY: 6-2-7-1: CRIMINAL HOUSING MANAGEMENT: A person commits the offense of criminal housing management when, having personal management or control or residential real estate, whether as legal or equitable owner, or as a managing agent or otherwise, he knowingly permits by his carelessness or neglect, the physical condition or facilities of the residential real estate to become or remain so deteriorated that the health or safety of any person is endangered. (720 ILCS 5/12-5.1.) 6-2-7-2: TRESPASS TO LAND AND BUILDINGS:(720 ILCS 5/21-3.) It shall be unlawful for any person to commit a trespass within this City upon either public or private property. Any of the following acts shall be deemed included among those that constitute trespasses and appropriate action may be taken hereunder at any time, or from time to time, to prevent or suppress any violation of: A. Any entry upon the premises or any part thereof of another, including any public property in violation of a notice posted or exhibited at the main entrance to said premises or at any point of approach or entry or in violation of any notice, warning or protest given orally or in writing, by any owner or occupant thereof; B. The pursuit of a course of conduct or action incidental to the making of an entry upon the land of another in violation of a notice posted or exhibited at the main entrance to said premises or at any point of approach or entry, or in violation of any notice, warning or protest given orally or in writing by any owner or occupant thereof; or C. A failure or refusal to depart from the premises of another in case of being requested, either orally or in writing, to leave by any owner or occupant thereof. 6-2-7-3: MALICIOUS MISCHIEF OR DESTRUCTION: A. It shall be unlawful for any person to willfully and maliciously injure, deface or destroy any sidewalk, curbing or street surface; or any fire alarm, parking meter, sewer drain or other property, real or personal, belonging to the City; or any property used in any business impressed with a public interest and usually designated as a public interest and usually designated as a public service corporation, i.e., water-works, gas, electric lights, telephone, street, railroad or steam-heating companies. B. It shall be unlawful for any person to willfully and maliciously interfere or meddle in any way with the operation of any such business, as above enumerated. 6-2-7-4: COIN-OPERATED DEVICES; SLUGS, TAMPERING: A. It shall be unlawful for any person to insert or attempt to insert in any parking meter, vending machine or other coin-operated device, any slug, counterfeit coin or other foreign or metallic substance not a coin of United States currency. B. It shall be unlawful for any person to willfully and maliciously injure, deface, destroy or otherwise tamper with any parking meter, vending machine or other coin-operated device. 6-2-8: OFFENSES INVOLVING MORALITY: 6-2-8-1: PROSTITUTION: A. Defined (720 ILCS 5/11-14.): Any person who performs or offers or agrees to perform any of the following acts for money commits an act of prostitution: 1. Any act of sexual intercourse; or 2. Any act of deviate sexual conduct. B. Keeping a Place of Prostitution (720 ILCS 5/11-17.): Any person who keeps, maintains or exercises control over the use of any premises which could offer seclusion or shelter for the practice of prostitution and who performs any of the following acts shall be deemed to keep a place of prostitution: 1. Knowingly grants or permits the use of such premises for the purpose of prostitution; 2. Grants or permits the use of such premises under circumstances from which he should reasonably be aware that such premises are used or about to be used for purposes of prostitution; or 3. Permits the continued use of premises after becoming aware of facts or circumstances from which he should reasonably know that such premises are being used for purposes of prostitution. C. Patronizing a Prostitute (720 ILCS 5/11-18.): Any person who performs any of the following acts with a person not his spouse commits the offense of patronizing a prostitute: 1. Engages in an act of sexual intercourse or deviate sexual conduct with a prostitute; or 2. Enters or remains in a place of prostitution in the company of a prostitute with the intent to engage in an act of sexual intercourse or deviate sexual conduct. D. Soliciting for a Prostitute (720 ILCS 5/11-15.): Any person who performs any of the following acts commits soliciting for a prostitute: 1. Solicits another person for the purpose of prostitution; 2. Arranges or offers to arrange a meeting of persons for the purpose of prostitution; or 3. Directs another person to a place knowing such direction is for the purpose of prostitution. E. Pandering (720 ILCS 5/11-16.): Any person who performs any of the following acts for money commits pandering: 1. Compels a person to become a prostitute; or 2. Arranges or offers to arrange a situation in which a person may commit prostitution. F. Pimping (720 ILCS 5/11-19.): Any person who receives money or other property from a prostitute, not for a lawful consideration, knowing it was earned in whole or in part from an act of prostitution, commits pimping. G. Penalty: Any person violating any provision of this Section shall, upon conviction, be subject to penalty as provided in Section 1-4-1 of this Code. 6-2-8-2: PUBLIC INDECENCY: It shall be unlawful for any person to knowingly or intentionally, in a public place: 1. Engage in sexual conduct; 2. Commit an act of sexual penetration; 3. Appear in a state of nudity; or 4. Fondle the genitals of himself or another person; B. “Sexual penetration” means any contact, however slight, between the sex organ or anus of one person by an object, the sex organ, mouth or anus of another person, or any intrusion, however slight, or any part of the body of one person or of any animal or object into the sex organ or anus of another person, including but not limited to cunnilingus, fellatio or anal penetration. Evidence of emission of semen is not required to prove sexual penetration. C. “Sexual conduct” means any intentional or knowingly touching or fondling by a person over the age of seventeen, either directly or through clothing, of the sex organs, anus or breast of another person, or any part of the body of a child under thirteen years of age, for the purpose of sexual gratification or arousal of either person. D. Nudity: The showing of the human male or female genitals, pubic area, or cleavage of the human buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state. E. “Public place”, for purposes of this section, means any place where such conduct may reasonably be expected to be viewed by others. 6-2-8-3: OBSCENITY: A. Defined; Prohibited: 1. Prohibitions: It shall be unlawful to commit obscenity. For purposes of this Section, "person" means an individual, public or private corporation, government, partnership or unincorporated association. Any reference to the masculine shall include the feminine, and any reference to the singular shall include the plural. 2. Elements of the Offense: A person commits obscenity when, with knowledge of the nature or content thereof, or recklessly failing to exercise reasonable inspection which would have disclosed the nature or content thereof, he: a. Sells, delivers or provides or offers to sell, deliver or provide any obscene writing, picture, record or other representation or embodiment of the obscene; b. Presents or directs an obscene play, dance or other performance or participates directly in that portion thereof which makes it obscene; c. Publishes, exhibits or otherwise makes available anything obscene; d. Performs an obscene act or otherwise presents an obscene exhibition of his body for gain; e. Creates, buys, procures or possesses obscene matter or material with intent to disseminate it in violation of this Section or of the penal laws or regulations of any other jurisdiction; or f. Advertises or otherwise promotes the sale of material represented or held out by him to be obscene, whether or not it is obscene. 3. "Obscene" Defined: A thing is obscene if, considered as a whole, its predominant appeal is to prurient interest; that is, shameful or morbid interest in nudity, sex or excretion, and if it goes substantially beyond customary limits of candor in description or representation of such matters. A thing is obscene even though the obscenity is latent, as in the case of undeveloped photographs. 4. Interpretation of Evidence: a. Obscenity shall be judged with reference to ordinary adults; except, that it shall be judged with reference to children or other specially susceptible audiences if it appears from the character of the material or the circumstances of its dissemination to be specially designed for or directed to such an audience. b. Where circumstances of production, presentation, sale, dissemination, distribution or publicity indicate that material is being commercially exploited for the sake of its prurient appeal, such evidence is probative with respect to the nature of the matter and can justify the conclusion that the matter is utterly without redeeming social importance. c. In any prosecution for an offense under this Section, evidence shall be admissible to show: (1) The character of the audience for which the material was designed or to which it was directed; (2) What the predominant appeal of the material would be for ordinary adults or a special audience, and what effect if any, it would probably have on the behavior of such people; (3) The artistic, literary, scientific, educational or other merits of the material or absence thereof; (4) The degree, if any, of public acceptance of the material in this State; (5) Appeal to prurient interest, or absence thereof, in advertising or other promotion of the material; (6) Purpose of the author, creator, publisher or disseminator. 5. Prima Facie Evidence: The creation, purchase, procurement or possession of a mold, engraved plate or other embodiment of obscenity specially adapted for reproducing multiple copies, or the possession of more than six (6) copies of obscene material shall be prima facie evidence of an intent to disseminate. B. Affirmative Defenses: It shall be an affirmative defense to obscenity that the dissemination was: 1. Not for gain and was made to personal associates other than children under eighteen (18) years of age; 2. Was to institutions or individuals having scientific or other special justification for possession of such material. C. Penalty: Any person who shall violate any of the provisions of this Section shall be guilty of a misdemeanor. A person who is convicted shall be punished by a fine of not less than one hundred dollars ($100.00) or more than five hundred dollars ($500.00). 6-2-8-4: EXHIBITION OF VIDEO TAPES CONTAINING HARMFUL MATERIAL TO MINORS: A. Definitions: For purposes of this Chapter: COUNTER AREA: That space in which video tapes are sold or checked out and returned and where rental fees are accepted. DOOR: An opaque structure which covers an entrance and provides access to an area. TAPE CONTAINING HARMFUL MATERIAL: A video tape containing harmful material as defined in paragraph 11-21(b)(1)of the Illinois Criminal Code (720 ILCS.). A video tape containing a motion picture rated "X" by the Motion Picture Association of America is presumed to contain harmful material, but the presumption may be rebutted. B. Separate Storage of Tape Displays: Any person or entity in the business of renting or selling videos containing harmful material shall either: 1. Establish a separate and distinct "adult display area", wherein such tapes must be displayed and minors are prohibited from entering and which meets the following requirements: an enclosed area with: a. A door which must be kept closed at all times, regardless of whether persons are in the adult display area; or b. A partition placed within the adult display area, covering the opening to the remainder of the establishment in such manner that persons outside the adult display area cannot view the adult display area; or 2. Permit selection of such tapes only through the use of an "adult selection catalog" to be kept and viewed solely behind the counter area. The packaging and promotional material contained within the adult selection catalog must not be visible from the public side of the counter area. C. Rental: Any person in the business of renting or selling video tapes shall not rent or sell tapes containing harmful material except: 1. At a counter area separate from the general rental/sales counter area. Such separate counter may be created by the use of a partition extending at least two feet (2') above the counter and at least as deep as the counter surface that splits the general counter into two (2) counters, and the employee handling the transaction is at least eighteen (18) years of age; or 2. At a single counter area, if the video tapes or display materials which contain "harmful material" are not removed from the adult display area or where an adult selection catalog is being utilized, and the employee handling the transaction is at least eighteen (18) years of age. D. Age Limits: No person under eighteen (18) years of age may rent, purchase or handle tapes containing harmful material. No person under eighteen (18) years of age shall enter or be permitted to enter the adult display area or view the adult selection catalog. E. Penalty: Violation of any of the provisions of this Selection shall be punishable as provided in Section 1-4-1 of this Code. 6-2-8-5: GAMBLING PROHIBITED; PENALTY: (65 ILCS 5/11-5-1.) A. Prohibition: Except for those games of chance authorized by the State of Illinois, it shall be unlawful for any person to gamble within the City. B. Gambling Places: It shall be unlawful for any person to knowingly permit any premises owned, occupied or controlled by him, to be used as a gambling place within the City. C. Crimes Enumerated, Exceptions: For the purposes of this Section: 1. Gambling occurs when any person: a. Plays a game of chance or skill for money or other things of value, unless excepted later in this Section; b. Makes a wager upon the result of any game, contest or any political nomination, appointment or election; c. Operates, keeps, owns, uses, purchases, exhibits, rents, sells, bargains for sale or lease of any gambling device; d. Knowingly owns or possesses any books, instruments or apparatus by means of which bets or wagers have been or are recorded or registered; e. Sells pools upon the result of any game or contest of skill or chance, political nomination, appointment or election; f. Sets up or promotes any lottery or sells, offers to sell or offers or transfers any ticket or share for any lottery; g. Sets up or promotes any policy game or sells, offers to sell or knowingly possesses or transfers any policy ticket or other similar device; h. Knowingly advertises any lottery or policy game or drafts, prints or publishes any lottery ticket or share or any policy ticket or similar device or any advertisement of any lottery or policy game; or i. Knowingly transmits information as to wagers, betting odds or changes in bettering odds by telephone, telegraph, radio semaphore or similar means, or knowingly installs equipment for the transmission or receipt of such information; except, that nothing in this subparagraph shall prohibit transmission or receipt of such information for the use of news reporting of sporting events or contests. 2. Participants in any of the following activities shall not be convicted of gambling: a. Agreements to compensate for loss caused by the happening of chance including without limitation contracts of indemnity or guaranty and life or health or accident insurance; b. Offers of prizes, award or compensation to the actual contestants in any bona fide contest for the determination of skill, speed, strength or endurance or to the owners of animals or vehicles entered in such contest; c. Pari-mutual betting as authorized by the laws of this State; d. Manufacture of gambling devices, including the acquisition of essential parts therefor and the assembly thereof, for transportation in interstate or foreign commerce to any place outside this State when such transportation is not prohibited by any applicable Federal Law; e. The game commonly known as "bingo", when conducted in accordance with "An Act making lawful the conducting of bingo by certain nonprofit organizations requiring licensing and prescribing regulations therefor"; (230 ILCS 25/1) f. Lotteries when conducted by the State of Illinois in accordance with the "Illinois Lottery Law", enacted by the 78th General Assembly; (20 ILCS 1605/1) g. Possession of an antique slot machine that is neither used nor intended to be used in the operation or promotion of any unlawful gambling activity or enterprise. 3. Definitions: GAMBLING PLACE: Any real estate, vehicle, boat or any other property whatsoever used for the purpose of gambling. GAMBLING DEVICE: Any clock, tape machine, slot machine or other machines or devices for the reception of money or other things of value on chance or skill or upon the action of which money or other thing of value is staked, hazarded, bet, won or lost; or any mechanism, furniture, fixture, equipment or other device designed primarily for the use in a gambling place. However, a gambling device does not include: a. A coin-operated mechanical device played for amusement which awards the player with the right to replay such mechanical device, which device is so constructed or devised as to make such result of the operation thereof depend in part upon the skill of the player and which returns to the player thereof no money, property or right to receive money or property, and which is commonly known as a pinball machine; or b. Vending machines by which full and adequate return is made for the money invested and in which there is no element of chance or hazard. LOTTERY: Any scheme or procedure whereby one or more prizes are distributed by chance among persons who have paid or promised consideration for a chance to win such prizes, whether such scheme or procedure is called a lottery, raffle, gift or sale or some other name. POLICY GAME: Any scheme or procedure whereby a person promises or guarantees by an instrument, bill, certificate, writing, token or other device that any particular number, character, ticket or certificate shall in the event of any contingency in the nature of a lottery entitle the purchaser or holder to receive money, property or evidence of debt. D. Food and Liquor Licenses: Whenever any premises are determined by a court of competent jurisdiction to be a gambling place, all City licenses or permits issued authorizing the serving of food or alcoholic liquor on such premises shall become void, and no license or permit so voided shall be reissued for such premises for a period of sixty (60) days thereafter, nor shall any person convicted of keeping a gambling place be reissued any such license or permit for one year from date of his conviction and, after a second conviction of keeping a gambling place, and any such person shall not be reissued any such license or permit. E. Seizure of Gambling Devices and Gambling Funds (720 ILCS 5/28-5): Every gambling device which is incapable of lawful use constitutes contraband and shall be subject to seizure and confiscation by City Police Officers. Any money or other thing of value intricately related to acts of gambling shall be seized and forfeited as contraband to the City. Disposition of such gambling devices seized or confiscated shall be made according to law. 6-2-9: OFFENSES INVOLVING ALCOHOLIC LIQUOR: 6-2-9-1: SALES TO NONAGE AND CERTAIN PERSONS (235 ILCS 5/6-16): No licensee or any officer, associate, member, representative, agent or employee of such licensee shall sell, give or deliver alcoholic liquor to any person under the age of twenty one (21) years, or to any intoxicated person or to any person known by him or her to be under legal disability or in need of mental treatment. No person, after purchasing or otherwise obtaining alcoholic liquor, shall sell, give or deliver such alcoholic liquor to another person under the age of twenty one (21) years, except in the performance of a religious ceremony or service. Whoever violates the provisions of this Section 6-2-9-1 is guilty of a violation of this Section 6-2-9. 6-2-9-2: PROOF OF IDENTITY AND AGE; IDENTIFICATION CARDS: A. Refusal of Service Without I.D. Card: For the purpose of preventing the violation of this Section 6-2-9-2, any licensee, or his agent or employee, may refuse to sell or serve alcoholic beverages to any person who is unable to produce adequate written evidence of identity and of the fact that he or she is over the age of twenty one (21) years. B. Acceptable Documents Designated: Adequate written evidence of age and identity of the person is a document issued by a Federal, State, County, or Municipal government, or subdivision or agency thereof, including, but not limited to, a motor vehicle operator's license, a registration certificate issued under the Federal Selective Service Act, or an identification card issued to a member of the Armed Forces. C. Defense of Licensee: Proof that the defendant-licensee, or his employee or agent, demanded, was shown and reasonably relied upon such written evidence in any transaction, forbidden by this Section is competent evidence and may be considered in any criminal prosecution therefor or to any proceedings for the suspension or revocation of any license based thereon. D. Furnishing or Using False or Fraudulent I.D. Card: 1. Any person who sells, gives or furnishes to any person under the age of twenty one (21) years any false or fraudulent written, printed or photostatic evidence of the age and identity of such person or who sells, gives or furnishes to any person under the age of twenty one (21) years evidence of age and identification of any other person is guilty of violation of this Section 6-2-9. 2. Any person under the age of twenty one (21) years who presents or offers to any licensee, his agent or employee, any written, printed or photostatic evidence of age and identity which is false, fraudulent or not actually his own for the purpose of ordering, purchasing, attempting to purchase or otherwise procuring or attempting to procure, the serving of any alcoholic beverage, or who has in his possession any false or fraudulent written, printed or photostatic evidence of age and identity, is guilty of a violation of this Section 6-2-9. E. Defacing I.D. Cards; Giving False Information: No person shall transfer, alter or deface such an identification card, use the identification card of another, carry or use a false or forged identification card, or obtain an identification card by means of false information. 6-2-9-3: PURCHASE, ACCEPTANCE OF GIFTS OR CONSUMPTION BY NONAGE PERSONS: A. Any person to whom the sale, gift or delivery of any alcoholic liquor is prohibited because of age shall not purchase or accept a gift of such alcoholic liquor or have such alcoholic liquor in his possession. If a licensee or his agents or employees believes or has reason to believe that a sale or delivery of any alcoholic liquor is prohibited because of the nonage of the prospective recipient, he shall, before making such sale or delivery demand presentation of some form of positive identification, containing proof of age, issued by a public officer in the performance of his official duties. (See Section 6-2-9-2 of this Chapter.) B. No person shall purchase, accept delivery or have possession of alcoholic liquor in violation of this Section 6-2-9-3. The consumption of alcoholic liquor by any person under twenty one (21) years of age is forbidden. (235 ILCS 5/6-20) C. No person under twenty one (21) years of age shall consume any alcoholic liquor; provided, however, that the possession and dispensing, or consumption by a person under twenty one (21) years of age of alcoholic liquor is in the performance of a religious service or ceremony, or the consumption by a person under twenty one (21) years of age under the direct supervision and approval of the parents or parent or those persons standing in loco parentis of such person under twenty one (21) years of age in the privacy of a home, is not prohibited by this Section 6-2-9. 6-2-9-4: POSSESSION OR CONSUMPTION IN PUBLIC PLACES: A. Possession Prohibited; Exception: Any person under the age of twenty one (21) years who has any alcoholic beverage in his possession on any street or highway or in any public place or in any place open to the public is guilty of violation of this Section 6-2-9. This Section does not apply to possession by a person under the age of twenty one (21) years making a delivery of an alcoholic beverage in pursuance of the order of his or her parent or in pursuance of his or her employment. B. Consumption; Open Container: No person may consume or have in his possession an open container or a container with a broken seal containing alcoholic beverage in any park or in any non-residential vehicle parking area, or on any public street, sidewalk, alley or other public way, or in any restaurant or eating place not licensed to serve alcoholic beverages with the City, outdoors on premises licensed to serve alcoholic beverages, unless the licensee’s special use permit or liquor license for such premises expressly permits possession or consumption outdoors. (See also Section 8-1-7 of this Code) 6-2-9-5: PRESENCE OF ALCOHOLIC LIQUOR IN VEHICLES: The presence in a vehicle of any alcoholic liquor shall be prima facie evidence that it is in the possession of, and is being carried by all persons occupying such vehicle at the time at which such alcoholic liquor is found, except under the following circumstances: A. If such liquor is found on the person of one of the occupants therein; or B. If such vehicle contains at least one occupant over twenty one (21) years of age. 6-2-9-6: UNDERAGE PERSONS GATHERING IN RESIDENCE OR HOTEL ROOM: A. Residences or Vehicles: 1. Any person shall be guilty of a violation of this Section 6-2-9 where he knowingly suffers, allows, consents to, acquiesces by failure to prevent, or expressly assents or agrees to a gathering at a residence, building, yard, vehicle or other premises which he occupies as an owner or as a person in actual or constructive possession of the residence, where such person knows or reasonably should know that alcoholic liquor is being illegally possessed or consumed by persons under the age of twenty-one (21) years, and, upon conviction, shall be punished by a fine set forth in Section 6-2-9-9 of this Code for each offense, if, and only if, the possession or consumption of the alcohol by the person under twenty-one (21) years is not otherwise permitted by this section 6-2-9. 2. Any person who knowingly enters or remains in any house, building, yard or other premises, other than premises licensed to sell alcoholic liquor, or any vehicle as defined in the Illinois Vehicle Code, under circumstances where the person knows or reasonably should know that alcoholic liquor is being illegally possessed or consumed by persons under the age of twenty-one (21) years on such premises or in such vehicle, shall be guilty of a violation of this Section 6-2-9 and, upon conviction, shall be punished by a fine set forth in Section 6-2-9-9 of this Code for each offense. 3. Where the residence has an owner and a tenant or lessees, there is a reputable presumption that the residence is occupied only by the tenant or lessee. B. Renting Hotel or Motel Room: Any person who rents a hotel or motel room from the proprietor or agent thereof for the purpose of or with the knowledge that such room shall be used for the consumption of alcoholic liquor by persons under the age of twenty one (21) years shall be guilty of a violation of this Section 6-2-9. (Ord. No. 2562-08/09 08-25-08) 6-2-9-7: CIVIL RIGHTS IN LICENSED PREMISES: No licensee licensed under the provisions of Title 3, Chapter 3 of this Code shall deny or permit his agents and employees to deny any person the full and equal enjoyment of the accommodations, advantages, facilities and privileges of any premises in which alcoholic liquors are authorized to be sold subject only to the conditions and limitations established by law and applicable alike to all citizens. 6-2-9-8: SALES ON CREDIT; EXCEPTIONS: No person shall sell or furnish alcoholic liquor at retail to any person on credit or on a pass book, or order on a store, or in exchange for any goods, wares or merchandise, or in payment for any services rendered; and if any person shall extend credit for such purpose, the debt thereby attempted to be created shall not be recoverable at law; provided, that nothing herein contained shall be construed to prevent any club from permitting checks or statements for alcoholic liquor to be signed by members or bona fide guests of members and charged to the account of such members or guests in accordance with the bylaws of said club; and provided further, that nothing herein contained shall be construed to prevent any hotel from permitting checks or statements for liquor to be signed by regular guests residing at said hotel and charged to the accounts of said guests; and provided further, that nothing herein shall be construed to prevent payment by credit card or other credit device for the purchase of liquor in the original package or container for consumption off the premises. 6-2-9-9: PENALTY: Any person convicted of violating any provision of this Section 6-2-9 shall pay a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00); and on a second or subsequent conviction shall pay a fine of not less than three hundred dollars ($300.00) nor more than five hundred dollars ($500.00). 6-2-10: MISCELLANEOUS OFFENSES: 6-2-10-1: CIVIL RIGHTS: A. Violation of Civil Rights; Elements: A person commits a violation of civil rights when: 1. He prevents, interferes with or denies to another, or conspires to do the same, the full and equal access to and enjoyment of the facilities and services, accommodation, amusement or conveyance because of race, religion, color or national ancestry; 2. As an official, he refuses to employ, discriminates in employment, or participants in a scheme which discriminates in employment for any work, job, office or project because of race, religion, color or national ancestry; or 3. As an official, he denies or refuses to any person the full and equal access, use or enjoyment of the services, facilities, accommodation, advantages or privileges of his office, or of any property accommodations or facilities under his care because of race, religion, color or national ancestry. B. Sanction: 1. Penalty: Any person convicted of a violation of civil rights may be fined not to exceed five hundred dollars ($500.00). 2. Enjoining as a Public Nuisance: Any violation of civil rights occurring in any public office, accommodation or amusement is declared to be a public nuisance and may be abated in any manner provided by subsection 6-2-5-1F of this Chapter for the abatement of public nuisances. 3. Discharge of Public Officials: Whenever any public official shall be found guilty of a violation of civil rights, the person aggrieved, or the Corporation Counsel on his behalf, may file a petition in Circuit Court to discharge such official from office. The Court shall order that such official be immediately relieved of his office or duties and shall order such official to resign or be removed or discharged. Any person violating or refusing to enforce any such court order or decree shall be deemed in contempt of court. 4. The penalties and remedies herein provided by this Section shall to be deemed mutually exclusive. C. Necessity as Affirmative Defense (720 ILCS 5/7-13.): Conduct which would otherwise be an offense under this Section is justifiable by reason of necessity if the accused was without blame in occasioning or developing the situation, and he reasonably believed that such conduct was necessary to avoid a public or private injury greater than the injury which might reasonably result from this own conduct. 6-2-10-2: BRIBERY; OFFERING OR ACCEPTING (720 ILCS 5/33-1): It shall be unlawful for any person: A. To offer, promise or give to any official, police officer or employee of the City any money, reward, service, privilege or thing of value which he may not otherwise lawfully accept, with intent to influence the performance or nonperformance of any official act, function, duty or employment. B. To agree to accept, receive or retain any money, reward, service, privilege or thing of value which he may not otherwise lawfully accept, knowing that such benefit was offered, promised or given with intent to influence him in the performance or nonperformance of any official act, function, duty or employment. 6-2-10-3: SOLICITATION TO COMMIT OFFENSE (720 ILCS 5/8-1): A person commits solicitation when, with intent that an offense be committed, he commands, encourages or requests another person to commit that offense. 6-2-10-4: CONSPIRACY: A. Elements of the Offense: A person commits conspiracy when, with intent that an offense be committed, he agrees with another to the commission of that offense. No person may be convicted of conspiracy to commit an offense unless an act in furtherance of such agreement is alleged and proved to have been committed by him or by a co-conspirator. B. Co-Conspirators (720 ILCS 5/8-2.): It shall not be a defense to conspiracy that the person or persons with whom the accused is alleged to have conspired: 1. Has not been prosecuted or convicted; 2. Has been convicted of a different offense; 3. Is not amendable to justice; 4. Has been acquitted; or 5. Lacked the capacity to commit an offense. C. Solicitation and Conspiracy; Affirmative Defense (720 ILCS 5/8-3.): It shall be a defense to a charge of solicitation or conspiracy that if the criminal object were achieved the accused would not be guilty of the offense. 6-2-10-5: PUBLIC SOLICITATION OF FUNDS; REGISTRATION REQUIRED (720 ILCS 5/17-1.): A. It shall be unlawful for any person to solicit any money, services, subscriptions or other valuable thing for any religious, charitable or philanthropic cause without having first obtained a certificate of registration from the City Clerk, which certificate shall identify the cause, its officers, soliciting agents within the City and the duration of such solicitation. B. Application for such certificate of registration shall be made to the City Clerk, setting forth the information required in subsection A above, accompanied by an affidavit sworn to by the applicant as to the veracity of such information. C. Such certificate of registration, or a certified copy thereof, shall be displayed by any person soliciting under authority thereof upon demand of any police officer or any person so solicited. (Ord. No. 2637-10/11 04-11-11) 6-2-10-6: TELEPHONE SOLICITATION OR PROMOTION; REGISTRATION REQUIRED: A. It shall be unlawful for any person in his own name, or in the name of or for the benefit of any other person, to conduct any sales campaign or sales promotion of any nature whatsoever through the use of the telephone without having first obtained a certificate of registration from the City Clerk. B. Application for such registration shall be made to the City Clerk, setting forth the name of the applicant, his employer or organization, the article or goods proposed to be sold, terms of sale, length of time such campaign or promotion is sought to be conducted, and names and addresses of all persons assisting in such campaign or promotion within the City. C. It shall be unlawful for any person to conduct or make any solicitation by telephone for any pecuniary compensation or other profit on behalf of any actual or purported charitable use, purpose, association, corporation or institution. 6-2-10-7: INTIMIDATION DEFINED; PROHIBITED (720 ILCS 5/12-6): A person commits intimidation when, with intent to cause another person to perform or to omit the performance of any act, he communicates to another without otherwise lawful authority a threat to perform any of the following acts: A. Inflict physical harm on the person threatened or any other person or property; B. Subject any person to physical confinement or restraint; C. Commit any criminal offense; D. Accuse any person of an offense; E. Expose any person to hatred, contempt or ridicule; F. Take action as a public official against anyone or anything, or withhold official action, or cause such action or withholding; or G. Bring about or continue any strike, boycott or other collective or mob action. 6-2-10-8: LITTER PROHIBITION AND PENALTIES (See also subsection 5-1A-3 and Title 5, Chapter 2, Article B of this Code): A. No person shall: 1. Litter in Public Places: Throw or deposit litter in or upon any street, sidewalk or other public place within the City except in public receptacles, in authorized private receptacles for collection or in official City dumps. 2. Litter thrown by Persons in Vehicles: While a driver or passenger in a vehicle, throw or deposit litter upon any street or other public place within the City, or upon private property. 3. Dropping litter from Aircraft: While in an aircraft, throw out, drop or deposit within the City and litter, handbill or any other object. 4. Litter in Parks: Throw or deposit litter in any park within the City except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere. 5. Truck Loads Causing Litter: Drive or move any truck or other vehicle is so construed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place. 6. Litter on Private Property: Throw or deposit litter on any private property within the City, whether owned by such person or not; except, that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property. 7. Litter on Vacant Lots: Throw or deposit litter on any open or vacant private property within the City whether owned by such person or not. B. Owner to Maintain Premises Free of Litter: The owner or person in control of any private property shall at all times maintain the premises free of litter. Provided, however, that this Section shall not prohibit the storage of litter in authorized private receptacles for collection. C. Penalties: Violation of any provision of this Section shall be punishable as provided in Section 1-4-1 of this Code. 6-2-10-9: MENDICANTS; VAGRANTS: It shall be unlawful for mendicants or vagrants to frequent any depot, store, theater, street, alley, sidewalk, park or other place publicly frequented in the City. Any person found in any such place, and who has not any established domicile or residence, shall be considered to be a vagrant. Any person violating any provision of this Section shall be subject to penalty as provided in Section 1-4-1 of this Code. 6-2-12: CITATIONS CHARGING VIOLATION OF CERTAIN ORDINANCES AND SETTLEMENT BY PAYMENT OF FINES: (Ord. No. 2565-08/09 09/08/08) b. Payments in settlement of violations set forth in subsection (f) shall be made within twenty-one (21) days from the date the citation was issued to the person accused of such violation. Payment shall be made by cash, money order or cashier’s check from a local bank, made out to the City of Pekin. Payment must be made in person at any time at the Pekin Police Department at 111 S. Capitol Street, Pekin, Illinois. No personal checks or credit cards will be accepted. Failure to make payment within the said twenty-one day period will subject the alleged violator to ordinance violation prosecution in the Tazewell County Circuit Courts by one or more representatives of the City. c. The original copy of any citation issued pursuant to this section shall be kept at the Pekin Police Department. The Pekin Police Department shall hold citations for the twenty-one (21) day period allowed for settlement by payment of the fine. At the end of that period of time, the citation shall be delivered to the Legal Department for the filing of a complaint for ordinance violation in the Tazewell County Circuit Court. d. Citations may be settled by payment of the fine provided in subsection (f) after filing of a complaint for ordinance violation in the Tazewell County Circuit Court, at the discretion of the corporation counsel or his or her designee, if payment is made by the person so charged prior to the initial court appearance date and the person so charged pays any service fees and court costs incurred in the filing of the complaint. e. The Corporation Counsel or his or her designee may, in his or her discretion, elect to reject the settlement of any violation of the sections of the City Code specified in subsection (g) and proceed to filing a complaint for such violation in the Tazewell County Circuit Court. f. The amount stated in subsection (g) shall be the fine for settlement for first offenses pursuant to the provisions of this section notwithstanding that the fine stated for such violation in another section of the code may be lower than the fine stated in this section. The amount stated in subsection (g) shall be doubled for a second offense, except for underage drinking charges, where a second offense shall be a mandatory court appearance. g. The violations for which citations may be issued and the fines which shall be paid to settle the case are as follows: (Ord. No. 2565-08/09 09/08/08)(Ord. No. 2629-10/11 10/12/10) (Ord. No. 2639-11/12 05/23/11) ORDINANCE NO. VIOLATION FINE (First Offense) OFFENSES INVOLVING PUBLIC ORDER 6-2-3-1: Disorderly Conduct; Disturbances $150.00 WEAPONS 6-2-4-1 Unlawful Use of Weapon $300.00 OFFENSES INVOLVING HEALTH, SAFETY AND CHILDREN 6-2-4-5: Confiscation and Disposition of Weapons $200.00 MINORS 6-2-6-1 Curfew $50.00 OFFENSES INVOLVING PROPERTY 6-2-7-2 Trespass to Land and Buildings $150.00 OFFENSES INVOLVING MORALITY 6-2-8-1 Prostitution $200.00 OFFENSES INVOLVING ALCOHOLIC LIQUOR 6-2-9-1 Sales to Nonage and Certain Persons $300.00 MISCELLANEOUS OFFENSES 6-2-10-1: Civil Rights $250.00 OFFENCES INVOLVING TRAFFIC 8-1-9: Truck off Truck Route $150.00 6-2-13: PRESENCE ON RIVERFRONT AREA OR WEST BOAT RAMP (Ord. No. 2622-10/11 07/14/10) A. No person shall enter upon or park in any area posted as Closed to the Public nor shall any person use or abet the use of any Riverfront Area or West Boat Ramp in violation of posted notices. (1) No person shall enter upon or park in the Riverfront Area between the hours of 10:00p.m. to 5:00a.m. unless launching or retrieving watercraft from the river. (2) No person shall enter upon or park at the West Boat Ramp on the west bank of the Illinois River in Pekin from 10:00a.m. to 5:00p.m. unless launching or retrieving watercraft from the river. SECTION: 6-3-2: PURPOSE: 6-3-3: PENALTY: (b) If an animal, without provocation, attacks or injures any person who is peaceably conducting himself/herself in any place where he/she may lawfully be, the owner or keeper of such animal shall be liable in damages to the person so attacked or injured to the full amount of the injury sustained after a finding by the court of such violation of this Chapter. (c) Upon a finding of guilt, the owner or keeper of any animal which damages or destroys any public or private property shall be held liable for the full value of the property damaged or destroyed. (d) Any person found guilty of violating, disobeying, neglecting or refusing to comply with, or resisting enforcement of this chapter shall, upon finding thereof, be fined not less than seventy-five dollars ($75.00) nor more than seven hundred fifty dollars ($750.00), and for each subsequent offense, such person shall be fined not less than one hundred dollars ($100.00) nor more than seven hundred fifty dollars ($750.00); and such person shall be deemed guilty of a separate offense for each and every day during which said violation continues. (e) Upon a finding by the Court of that there has been a violation of, or a disobeying, neglecting or refusing to comply with, or resisting enforcement of sections 6-3-8, 6-3-10 or 6-3-11 of this chapter, such Court shall: (f) Additionally, any person found guilty of violating this chapter shall pay all expenses, including shelter, food, veterinary expenses, and other expenses necessitated by the seizure of the dog for the protection of the public, and such other expenses as may be required for the humane dispatch of any such dog pursuant to the Humane Euthanasia in Animal Shelters Act. (g) The penalties provided for in this section shall not be construed as precluding each other or any other penalties and costs provided elsewhere in this chapter. (h) Any person refusing to redeem an animal that has been impounded shall be prohibited from obtaining any license and/or registration for any other animal until such person pays all fees due on previously owned impounded animals. (i) If any subsection, sentence, clause or phrase of section 6-3-3 is, for any reason, found to be unconstitutional or invalid by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this section. 6-3-4: IMPOUNDMENT PROCEDURES: A. Impounding: It shall be the duty of any Animal Control Warden under contract with the City to take up all dogs and cats running at large, vicious dogs and cats and dangerous dogs and cats and impound said dogs and cats in such places as may be provided. B. Redemption of Impounded Dog or Cat: 1. Any person seeking to redeem any impounded animal shall pay a fee of Ten ($10.00) Dollars if the animal is vaccinated and registered, or a fee of Fifteen ($15.00) Dollars if the animal is not vaccinated and registered, plus a reasonable maintenance charge for boarding said animal to the animal control office, and in addition, a fee of Fifty ($50.00) Dollars to the City Clerk plus rabies fees if required. On the second offense, the fee to the City Clerk shall be seventy-five ($75) Dollars. On the third offense, a fee of one hundred ($100) dollars shall apply. If the owner of the animal does not redeem said animal within five (5) days after notice by mail or otherwise to said owner of the impounding, such animal may be placed for adoption or humanely dispatched pursuant to the Humane Euthanasia in Animal Shelters Act at the discretion of the Animal Control Warden. If the animal is adopted by a person other than the owner, said person shall pay all fees and charges which the owner would have been required to pay; except, that in order to facilitate the adoption of impounded animals, the Animal Control Officer or his designee may waive said fees. If such fees are waived, the Animal Control Officer shall notify the City Clerk of his/her decision. 2. No dog or cat shall be released for adoption from any animal pound or shelter without being spayed or neutered and tagged, or without a written agreement from the adopter, secured by cash deposit, guaranteeing that such animal will be spayed or neutered and tagged within a reasonable period of time. 6-3-5: INTERFERENCE: 6-3-6: NOISE, ODOR, NUISANCE, ETC: No person shall keep or maintain any animal, poultry or fowl in such a manner as to cause inconvenience or disturbance to other persons by reason of noise, odor, nuisance or other cause. An animal is considered a nuisance when said animal: Such animals are declared to be a nuisance, and may be impounded by the Animal Control Warden and may be redeemed only by paying the appropriate fees and fines. If the nuisance continues or constitutes a habitual nuisance, and upon finding by the Court as to the continuing or habitual nuisance, the Court may order that the owner of said animal or animals reduce the number of dogs/cats on the property or that the animal or animals in question be humanely dispatched. 6-3-7: KEEPING OF DOGS AND CATS: 6-3-8: FIGHTING OR BAITING: 6-3-9: LICENSE TAG: (b) Whenever the ownership of a dog or cat shall change, the new owner shall notify the Animal Control Warden. If the animal has a current license tag, no cost is incurred for notifying the Animal Control Warden of change of ownership. However, if the animal requires a license tag, or the new owner desires a new license tag, a fee of Three ($3.00) Dollars is required, whereupon the Animal Control Warden shall accordingly change the record of ownership of said dog. (c) All licenses for all dangerous and vicious dogs/cats hereunder shall expire at the end of the fiscal year of the city. Licenses issued after November 1 may be for a sum equal to one-half the annual license fee; provided, however, that no license shall be issued for any amount less than one-half the annual license fee. (d) It shall be unlawful for any person to place any license tag on any dog other than the dog for which such tag was issued. (e) License tag is to be affixed to collar. (1) The owner of a dog shall provide the dog with a collar or harness made of leather, metal or other substantial material to which shall be securely fastened the proper license tag and also a tag issued by the state rabies inspector, deputy inspector or any licensed veterinarian showing that such dog has been vaccinated against rabies during the current or immediately preceding year. (2) A dog found within the city not wearing the proper collar and tag shall be impounded. (3) Any owner not providing such collar and tag shall be subject to the penalties specified in this chapter. (4) It shall be unlawful for any person not authorized by the owner to remove or take away any dog collar, city license tag or rabies vaccination tag from any dog; provided, however, this section shall not apply to any governmental official in the exercise of his duties. 6-3-10: DANGEROUS DOG OR CAT: (1) Registration of dangerous dogs/cat. The owner shall register a dangerous dog/cat within two weeks of the dog/cat being declared dangerous unless a hearing has been requested, during which time these requirements are stayed. The dog/cat must be registered by April 1 of each year thereafter. The dog/cat shall be registered with the city clerk. The cost of each registration shall be two hundred dollars ($200.00). (l) An animal control agency has the right to impount a dangerous dog if the owner fails to comply with the requirements of this Act. (Ord. No. 2654-11/12 02/27/12) 6-3-11: VICIOUS DOG OR CAT: (c) Any individual dog/cat with a known propensity, tendency or disposition to attack without provocation, to cause injury or to otherwise endanger the safety of human beings or domestic animals. (d) Any individual dog/cat that has a trait or characteristic and a generally known reputation for viciousness, dangerousness or unprovoked attacks upon human beings or other animals, unless handled in a particular manner or with special equipment. (e) Any individual dog/cat which attacks a human being or domestic animal without provocation. (f) An Animal Control Warden or any adult person may request under oath that a dog/cat be classified as vicious by submitting a sworn, written complaint on a form approved by the Animal Control Warden. Within three (3) days upon receipt of such complaint, the Animal Control Warden shall notify the owner of the dog/cat that a complaint has been filed and that an investigation into the allegations as set forth in the complaint will be conducted. (k) If the Hearing Officer or his designee determines that a dog/cat is vicious at the conclusion of a hearing conducted under section 6-3-11(j), that decision shall be final unless the dog/cat owner appeals to a court of competent jurisdiction for any remedies that may be available within thirty-five (35) days after receiving notice that the dog/cat has been finally declared dangerous. (l) It shall be unlawful for any person to keep or maintain any dog/cat which has been found to be a vicious dog/cat unless the person meets the following requirements within ten days of final finding: (2) in the case of an emergency or natural disaster where the dog's life is threatened, and/or; (3) to comply with the order of a court of competent jurisdiction, provided that the dog is securely muzzled and restrained with a leash not exceeding 4 feet in length, and shall be under the direct control and supervision of the owner or keeper of the dog or muzzled in its residence. (Ord. No. 2654-11/12 02/27/12) (n) No dog/cat shall be deemed vicious if it bites, attacks, or menaces a trespasser on the property of its owner, anyone assaulting its owner, anyone who has tormented or abused it, or is a professionally trained dog used for law enforcement or guard duties. (o) A finding by the Court of the failure to comply with this section will result in the impoundment of any dog/cat which has been found to be a vicious dog/cat and which is not confined in an enclosure by the law enforcement authority having jurisdiction in such area and shall be turned over to a licensed veterinarian or to the Animal Control Warden and humanely dispatched pursuant to the Humane Euthanasia in Animal Shelters Act. (p) The owner of all professional guard dogs and animals trained to the same standard as guard dogs for show purposes shall register their animals with the City Clerk. It shall be the duty of the owner of each such dog to notify the City Clerk of changes of address and the owner shall keep the City Clerk advised of the location where such dog will be stationed. The City Clerk shall provide Police and Fire Departments with a list of such exempted dogs and shall promptly notify such departments of any changes reported to him. (q) Guide dogs for the blind or hearing impaired, support dogs for the physically handicapped, and sentry, guard, police-owned dogs, or animals trained to the same standard as guard dogs for show purposes are exempt from this Section; provided, an attack or injury to a person occurs while the dog is performing duties as expected. To qualify for an exemption under this Section, each such dog shall be currently inoculated against rabies in accordance with Section 6-3-12 of this Act and performing duties as expected. It shall be the duty of the owner of the exempted dog to notify the Animal Control Warden of changes of address. In the case of a sentry or guard dog, the owners shall keep the Animal Control Warden and the City Clerk advised of the location where such dog will be stationed. State law references: Vicious dogs; dangerous dogs and dangerous animals, 510 ILCS 5/15. 6-3-12: RABIES INOCULATION: 6-3-13: DOGS OR CATS IN HEAT: 6-3-14: YARD REQUIREMENTS: 6-3-15: ANIMALS AT LARGE PROHIBITED: 6-3-16: PROCEDURE FOLLOWING ANIMAL BITE OF ANY PERSON: 6-3-18: LIVESTOCK: 6-3-19: FOWL: 6-3-20: RABBITS: 6-3-21: WILD ANIMALS: 6-3-22: MAINTENANCE: 6-3-23: CRUELTY TO ANIMALS: (e) No owner or person shall confine any animal in a motor vehicle in such a manner that places it in a life or health threatening situation by exposure to a prolonged period of extreme heat or cold, without proper ventilation or other protection from such heat or cold. In order to protect the health and safety of an animal, the Animal Control Warden, law enforcement officer, or department investigator who has probable cause to believe that this section is being violated shall have authority to enter such motor vehicle by any reasonable means under the circumstances after making a reasonable effort to locate the owner or other person responsible. 6-3-24: SLAUGHTER OF ANIMALS PROHIBITED: 6-3-25: DISPOSAL OF DEAD ANIMALS OR ANIMAL MATTER: (d) No person shall burn any feathers, hides or any other animal matter within the corporate limits of the city. 6-3-26: DUTY UPON STRIKING ANIMAL WITH MOTOR VEHICLE: 6-3-27: ANIMAL CONTROL WARDEN: (b) The Animal Control Warden shall have the power to enter onto the property of others in order to investigate violations of this chapter and impound any animal that may be in violation thereof. If anyone refuses entry into any building where the Animal Control Warden has reasonable grounds to believe the animal sought after exists, the Animal Control Warden may, with the assistance of the corporation counsel of the city, obtain a search warrant for inspection or seek other legal relief from the circuit court of the county in order to obtain entry. (d) The Animal Control Warden may impound any animal found running at large upon a public street, sidewalk, alley or other public place or upon any private property other than that of the owner of the animal. The Animal Control Warden must scan for the presence of a microchip. The Animal Control Warden shall make every reasonable attempt to contact the owner as soon as possible; and shall give notice of not fewer than seven (7) business days to the owner prior to disposal of the animal. Such notice shall be mailed to the last known address of the owner. In order to make redemption of an animal impounded for running at large, the owner of the impounded animal shall: (e) When not redeemed by the owner, the animal that has been impounded shall be humanely dispatched pursuant to the Humane Euthanasia in Animal Shelters Act or offered for adoption. The Animal Control Warden may not release any animal when not redeemed by the owner unless the animal has been surgically rendered incapable of reproduction by spaying or neutering, or the person wishing to adopt the animal, prior to the surgical procedures having been performed, shall have executed a written agreement promising to have such service performed, within a specified period of time, not to exceed fourteen (14) days. (f) Upon receipt of a sworn complaint, the Animal Control Warden shall conduct an investigation to determine whether or not the dog/cat has committed any act or displays any characteristics which qualify it as a dangerous or vicious dog/cat. If upon the completion of such investigation, the Animal Control Warden concludes that the dog/cat is a dangerous or vicious dog/cat, such Animal Control Warden shall issue a written notice of determination which includes at least the following: 6-3-28: DUTIES OF THE CITY CLERK: 6-3-29: SEVERABILITY: 6-3-30: EXEMPTION: FAIR HOUSING SECTION: 6-4-1: General 6-4-1: GENERAL: A. Declaration of Policy: In the exercise of its power to regulate for the protection of the public health, safety, morals, and welfare, it is declared to be the public policy of this municipality to assure fair housing and freedom from discrimination throughout the community, to protect the community from the effects of residential segregation by race, color, religion, gender, physical or mental disability, familial status, sexual orientation or national origin, and to secure to its citizens the economic, social, and professional benefits of living in a stable, integrated society. B. Construction: This article shall be construed according to the fair import of its terms, and shall be liberally construed to further the purposes and policy stated and the special purposes of the particular provisions involved. C. Severability: If any court of competent jurisdiction shall adjudge any provision of this ordinance to be invalid, such judgment shall not affect any other provision of this ordinance not specifically included in said judgment. If any court of competent jurisdiction shall adjudge invalid the application of any provision of this ordinance to any person or circumstance, such judgment shall not affect the application of said provision to any other person or circumstance not specifically included in said judgment. D. Definitions: As used in this ordinance, the following terms have the following meanings: ADMINISTRATOR: The person designated by the corporate authorities of the municipality to administer the provisions of this ordinance. ADMINISTERING AGENCY: The agency designated by the corporate authorities of the municipality to investigate, conciliate, receive and initiate complaints pertaining to violation of this ordinance. CIVIL RIGHTS VIOLATION: Includes and shall be limited to only those specific acts set forth in Articles 6-4-2, 6-4-3, and 6-4-4 of this chapter. COMMON USE AREAS: Rooms, spaces or elements inside or outside of a building that are made available for the use of residents of a building or the guests thereof. These areas include hallways, lounges, lobbies, laundry rooms, refuse rooms, mail rooms, recreational areas and passageways among and between buildings. COMMUNITY RESIDENCE: A group home or specialized residential care home serving unrelated persons with disabilities. COVERED MULTIFAMILY DWELLING: A building consisting of four or more units if such buildings have one or more elevators; and ground floor units in other buildings consisting of four or more units. DISABILITY: With respect to a person, a physical or mental impairment which substantially limits one or more major life activities, a record of such an impairment, or being regarding as having such an impairment. DISCRIMINATE: To treat any person differently from others because of race, color, religion, creed, national origin, age, gender, ancestry, marital status, physical or mental disability, familial status, sexual orientation or unfavorable military discharge. DWELLING: Any building structure or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families or unrelated individuals, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure or portion thereof. ELDERLY PERSON: A person 55 years of age or older. ENTRANCE: Any access point to a building or portion of a building used by residents for the purpose of entering. EXTERIOR: All areas of the premises outside of an individual dwelling unit. FAMILIAL STATUS: One or more individuals who have not attained the age of 18 years being domiciled with -- 1. a parent or a person having legal custody of such individual or individuals; 2. the designee of such parent or other person having such custody, with the written permission of such parent or other person; or 3.persons who are pregnant or in the process of securing legal custody of any individual who has not attained the age of 18. FINANCIAL INSTITUTION: Any bank, credit union, insurance company, mortgage banking company, savings and loan association, or other entity or organization which makes or purchases loans or provides other financial assistance and which operates or has a place of business in the state of Illinois. HOUSING ACCOMMODATION: Includes any improved or unimproved real property or part thereof which is used or occupied or is intended, arranged or designed to be used or occupied as the home or residence of one or more individuals. HOUSING FOR OLDER PERSONS: 1. All housing that is provided under state and federal programs for elderly persons as defined by the specific programs, providing U.S. HUD approval has been secured; 2. Housing that is "intended for, and solely occupied by persons 62 years of age or older"; 3. Communities in which at least 80 percent of all units are occupied by one person 55 years of age or older, if the existence of significant facilities and services specifically designed to meet the physical and social needs of older persons can be documented. INTERIOR: The spaces, parts, components or elements of an individual dwelling unit. LOAN: Includes, but is not limited to, the providing of funds, for consideration, which are -- 1. Sought for the purpose of purchasing, constructing, improving, repairing, or maintaining a housing accommodation; 2. Sought for any commercial or industrial purposes; or 3. Secured by residential real estate. LEASE: Includes any sublease, assignment, or rental and any contract to enter into any of the foregoing. MARITAL STATUS: The legal status of being married, single, separated, divorced or widowed. MODIFICATION: Any change to the public or common use areas of a building or any change to a dwelling unit. NATIONAL ORIGIN: The place in which a person or one of his or her ancestors was born. OFFER: Every attempt by means of written or oral communications to present for acceptance or rejection, to hold out or proffer, to make a proposal to or to exhibit real estate that may be taken or received with the intention of ultimately entering a real estate transaction. OWNER: Any person who holds legal or equitable title to, or owns any beneficial interest in, any real estate, or who holds legal or equitable title to shares of, or any beneficial interest in, an equity which owns any real estate. PANIC PEDDLING: For profit, to induce or attempt to induce a person to sell or rent a dwelling by representation regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, gender, familial status, sexual orientation , national origin, or disability. PERSON: Includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, or trustees in cases under Title 11 of the United States Code. PERSON IN THE BUSINESS OF SELLING OR RENTING DWELLINGS: Any person who -- 1. Within the preceding 12 months has participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein; 2. Within the preceding 12 months, has participated as agent, other than in the sale of his or her own personal residence, in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or interest therein; or 3. Is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families. PHYSICAL OR MENTAL IMPAIRMENT: Includes - 1. Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or 2. Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. PREMISES: The interior or exterior spaces, parts, components or elements of a building, including individual dwelling units and the public and common use areas of a building. PROTECTED CLASSES: All persons legally protected against discrimination. PUBLIC CONTRACT: Every contract to which the State of Illinois, any of its political subdivisions or any municipal corporation is a party. PUBLIC USE AREAS: Interior or exterior rooms or spaces of a building that are made available to the general public. Public use may be provided at a building that is privately or publicly owned. REAL ESTATE TRANSACTION: The purchase or sale of fee or equitable title to, or beneficial interest in, or rental or lease of, any real property; or an option to do any of the foregoing, or any negotiation, listing, contract, or agreement in connection therewith. Real Estate Transaction also includes the brokering or appraising of residential real property and the making or purchasing of loans or providing other financial assistance for purchasing, constructing, improving, repairing or maintaining a dwelling or secured by residential real estate. REAL PROPERTY: Buildings, structures, real estate, lands, tenements, leaseholds, interests in real estate cooperatives, condominiums, and hereditaments, corporeal and incorporeal, or any interest therein. RELIGION: Includes all aspects of religious observance and practice, as well as belief; and all aspects of religious non-observance, non-practice and non-belief. RESPONDENT: 1. The person or other entity against whom a discriminatory housing practice has been alleged in a complaint; 2. Any other person or entity identified in the course of investigation and notified as required under Article VII of this ordinance. GENDER: The status of being male or female. SOLICIT OR SOLICITATION: Any communication by or on behalf of a real estate agent with the owner or occupant of a dwelling - 1. Which is intended to induce the sale or rental of such dwelling; 2. Which is intended to offer or promote services in connection with the sale, rental or listing of such dwelling; and 3. Which is carried out by means of a. In-person contacts at the dwelling; b. Written material mailed or delivered directly to the dwelling, such as direct mail, leaflets or pamphlets; or c. Telephone contacts with owners or occupants of the dwelling. For purposes of this Ordinance, the term "solicit" or "solicitation" shall not refer to communication carried out by means of print or electronic media of general circulation, such as a newspaper, radio, television, or the yellow pages. STEERING: Influencing or attempting to influence by words or acts the choice or location of housing of a prospective purchaser, occupant, or tenant, in connection with viewing, buying, leasing, or occupying real estate based on race, color, religion, gender, familial status, sexual orientation , national origin, or disability so as to limit choice or promote or maintain segregation. TO RENT: Includes to lease, to sublease, to let, and to otherwise grant for consideration the right to occupy premises not owned by the occupant. UNFAVORABLE MILITARY DISCHARGE: Includes discharges from the Armed Forces of the United States, their Reserve components or any National Guard or Naval Militia which are classified as RE-3 or the equivalent thereof, but does not include those characterized as RE-4 or "Dishonorable". VARYING TERMS: Includes, but is not limited to, the following practices: 1. Requiring a greater down payment than is usual for the particular type of a loan involved. 2. Requiring a shorter period of amortization than is usual for the particular type of loan involved. 3. Charging a higher interest rate than is usual for the particular type of loan involved. 4. Under-appraising of real estate or other items of property offered as security.
A. Discriminatory Terms Discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, creed, national origin, age, gender, ancestry, marital status, physical or mental disability, familial status, sexual orientation, or unfavorable discharge. B. Refusal to Negotiate, Deal, Sell or Rent Refuse to sell or rent, after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny a dwelling to any person because of race, color, religion, gender, physical or mental disability, familial status, sexual orientation, or national origin. C. Withholding Dwellings Represent to any person because of race, color, religion, gender, physical or mental disability, familial status, sexual orientation, or national origin that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact available. D. Advertisements, Signs, Notices Make, print, circulate, or publish, or cause to be made, printed, or published, any written or oral notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, gender, physical or mental disability, familial status, sexual orientation, or national origin or an intention to make such preference, limitation, or discrimination. Discriminatory notices, statements and advertisements include, but are not limited to: 1. Using words, phrases, photographs, illustrations, symbols, or forms which convey that dwellings are available or not available to a particular group of persons because of race, color, religion, gender, physical or mental disability, familial status, sexual orientation, or national origin. 2. Expressing to agents, brokers, employees, prospective sellers or renters or any other persons a preference for or limitation on any purchaser or renter because of race, color, religion, gender, physical or mental disability, familial status, sexual orientation , or national origin of such persons. 3. Selecting media or locations for advertising the sale or rental of dwellings which deny particular segments of the housing market information about housing opportunities because of race, color, religion, gender, physical or mental disability, familial status, sexual orientation, or national origin. 4. Refusing to publish advertising for the sale or rental of dwellings, or requiring different charges or terms for such advertising because of race, color, religion, gender, physical or mental disability, familial status, sexual orientation, or national origin. E. Panic Peddling For profit, to induce or attempt to induce a person to sell or rent a dwelling by representation regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, gender, physical or mental disability, familial status, sexual orientation , or national origin. Prohibited actions under this section include, but are not limited to: 1. Engaging for profit in conduct (including uninvited solicitations for listings) which conveys to a person that a neighborhood is undergoing or is about to undergo a change in the race, color, religion, gender, physical or mental disability, familial status, sexual orientation, or national origin of persons residing in it, in order to encourage persons to offer a dwelling for sale or rental. 2. Encouraging, for profit, any person to sell or rent a dwelling through assertions that the entry or prospective entry of persons of a particular race, color, religion, gender, familial status, sexual orientation , or national origin or with disabilities can or will result in undesirable consequences for the project, neighborhood or community, such as a lowering of property values, an increase in criminal or antisocial behavior, or a decline in the quality of schools or other services or facilities. F. Lending Discriminate in connection with borrowing or lending money, guaranteeing loans, accepting mortgages, or otherwise financing a real estate transaction on the grounds of race, color, religion, gender, physical or mental disability, familial status, sexual orientation, or national origin. G. Lending Terms Deny or delay the processing of a loan or other financial assistance to a person applying therefore for the purpose of purchasing, constructing, improving, repairing, or maintaining a dwelling; or discriminate in the fixing of that amount, interest rate, duration, or other terms or conditions of such loan or other financial assistance because of the race, color, religion, gender, physical or mental disability, familial status, sexual orientation, or national origin of such person. H. Financial Deny or delay the terms of a loan on the basis that a specific parcel of real estate offered as security is located in a specific geographical area. I. Appraising/Insurance Discriminate in the appraisal of the value of real estate or in the sale of insurance in connection with a real estate transaction because of the race, color, religion, gender, physical or mental disability, familial status, sexual orientation , or national origin of the person. J. Varying Rents/Sale Price Impose different sale prices or rental charges for the sale or rental of a dwelling upon any person because of race, color, religion, gender, physical or mental disability, familial status, sexual orientation, or national origin. K. Qualification Criteria Use different qualification criteria or applications, or sale or rental standards or procedures, such as income standards, application requirements, application fees, credit analysis or sale or rental approval procedures or other requirements, because of race, color, religion, gender, physical or mental disability, familial status, sexual orientation , or national origin. L. Eviction Evict tenants because of their race, color, religion, gender, disability, familial status, sexual orientation, or national origin, or because of the race, color, religion, gender, physical or mental disability, familial status, sexual orientation, or national origin of a tenant's guest. M. Listings Enter into a listing agreement which discriminates against any person because of race, color, religion, gender, physical or mental disability, familial status, sexual orientation, or national origin. N. Discrimination in Membership or Services Deny any person access to or membership or participation in any multiple-listing service, real estate brokers' organization or other service, organization, or facility relating to the business of selling or renting dwellings or to discriminate against any person in the terms or conditions of such access, membership or participation on account of race, color, religion, gender, physical or mental disability, familial status, sexual orientation, or national origin. O. Steering (Restriction of Choice) Restrict or attempt to restrict, because of race, color, religion, gender, physical or mental disability, familial status, sexual orientation , or national origin, the choices of a person by words or acts in connection with buying or renting a dwelling so as to perpetuate, or tend to perpetuate, segregated housing patterns, or to discourage or obstruct integrated housing. Prohibited actions under this section, which are generally referred to as unlawful steering practices, include, but are not limited to the following: 1. Discouraging any person from inspecting, purchasing or renting a dwelling because of race, color, religion, gender, physical or mental disability, familial status, sexual orientation , or national origin; or because of the race, color, religion, gender, physical or mental disability, familial status, sexual orientation , or national origin of persons in a community, neighborhood, or development, so as to perpetuate, or tend to perpetuate, segregated housing patterns, or to discourage or obstruct integrated housing. 2. Discouraging the purchase or rental of a dwelling because of race, color, religion, gender, physical or mental disability, familial status, sexual orientation, or national origin by exaggerating drawbacks or failing to inform any person of desirable features of a dwelling or of a community, neighborhood, or development, so as to perpetuate, or tend to perpetuate, segregated housing patterns, or to discourage or obstruct integrated housing. 3. Communicating to any prospective purchaser that he or she would not be comfortable or compatible with existing residents of a community, neighborhood or development because of race, color, religion, gender, physical or mental disability, familial status, sexual orientation, or national origin, so as to perpetuate, or tend to perpetuate, segregated housing patterns, or to discourage or obstruct integrated housing. 4. Assigning any person to a particular section of a community, neighborhood or development, or to a particular floor of a building, because of race, color, religion, gender, physical or mental disability, familial status, sexual orientation, or national origin, so as to perpetuate, or tend to perpetuate, segregated housing patterns, or to discourage or obstruct integrated housing. 5. Failing to inform any person of available housing opportunities in a particular section of a community, neighborhood or development, or in a particular building or particular floor of a building, because or race, color, religion, gender, familial status, sexual orientation, national origin, or disability, so as to perpetuate, or tend to perpetuate, segregated housing patterns, or to discourage or obstruct integrated housing. P. Participation Act or undertake to act as a real estate broker, salesman, or agent with respect to any dwelling, the disposition of which requires said person to participate in discrimination. Q. Restrictions Perform any act of discrimination with the intention or effect of restricting or limiting the housing choice of any person. R. Aiding and Abetting Aid or abet acts performed in violation of this ordinance. S. Interference, Coercion, or Intimidation Coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of any right granted or protected by this ordinance. T. Solicitation Solicit any owner to sell or rent or list residential property at any time after such person has notice that such owner does not desire to sell, rent, or list such residential property. For the purposes of this subsection, notice must be provided as follows: 1. The notice may be given by the owner personally or by a third party in the owner's name, either in the form of an individual notice or a list, provided it complies with subsection (b) below. 2. Such notice shall be explicit as to whether each owner on the notice seeks to avoid both solicitation for listing and sale, or only for listing, or only for sale, as well as the period of time for which any avoidance is desired. The notice shall be dated and either of the following shall apply: a. Each owner shall have signed the notice; or b. The person or entity preparing the notice shall provide an accompanying affidavit to the effect that all the names on the notice are, in fact, genuine as to the identity of the persons listed and that such persons have requested not to be solicited as indicated. 3. The individual notice or notice in the form of a list with the accompanying affidavit shall be served personally or by certified or registered mail, return receipt requested. 6-4-3 PROHIBITED ACTS DISABLED HOUSING: In addition to those prohibited acts identified in Article 6-4-2, the following shall also be unlawful: A. Discrimination Against the Disabled 1. To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a disability of -- a. That buyer or renter; b. A person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or c. Any person associated with that person. 2. To make an inquiry to determine whether an applicant for a dwelling; a person intending to reside in that dwelling after it is sold, rented or made available; or any person associated with that person has a disability, or to make inquiry as to the nature or severity of a disability of such a person. 3. However, this section does not prohibit the following inquiries, provided these inquiries are made of all applicants, whether or not they have disabilities: a. Inquiry into the applicant's ability to meet the requirements of ownership or tenancy. b. Inquiry to determine whether an applicant is qualified for a dwelling available only to persons with disabilities or to persons with a particular type of disability. c. Inquiry to determine whether an applicant for a dwelling is qualified for a priority available to persons with disabilities or to persons with a particular type of disability. d. Inquiry to determine whether an applicant for a dwelling is a current illegal abuser or addict of a controlled substance. e. Inquiry to determine whether an applicant has been convicted of the illegal manufacture or distribution of a controlled substance. 4. Nothing in this section requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others. B. Unit Modification To refuse to permit, at the expense of the disabled person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises; except that, in the case of a rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modifications, reasonable wear and tear excepted. C. Rules and Policies To refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy the dwelling, including public and common use areas. D. Guide/Support Dogs To refuse to sell or rent because a person has a guide, hearing or support dog. It is a civil rights violation for the owner or agent of any housing accommodation to -- 1. refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny property to any blind, hearing impaired or physically disabled person because he has a guide, hearing or support dog; or 2. discriminate against any blind, hearing impaired, or physically disabled person in the terms, conditions, or privileges of sale or rental property, or in the provision of services or facilities in connection therewith, because he has a guide, hearing or support dog; or 3. require, because a blind, hearing impaired, or physically disabled person has a guide, hearing or support dog, an extra charge in a lease, rental agreement, or contract of purchase or sale, other than for actual damage done to the premises by the dog. 6-4-4: COVERAGE AND EXEMPTIONS: Nothing in this ordinance, shall -- A. apply to the following: 1. The rental, lease, or occupancy of a room in an owner-occupied single family dwelling or a lessee occupied residence, only as to that individual residential space or where the owner or a member of his or her family intends to reside therein within 12 months. 2. Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his or her residence. B. prohibit a religious organization, association, or society, or any non-profit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization or society from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than commercial purposes to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, religion, gender, physical or mental disability, familial status, sexual orientation , or national origin; C. prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members and their guests or from giving preference to its members; D. prohibit the rental or sale of a dwelling on the basis of age or disability when such dwelling is authorized, approved, financed, or subsidized in whole or in part by a unit of state, local, or federal government; E. limit the applicability of any reasonable local, state, or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling; F. require the rental or sale of a unit to any person convicted of the illegal manufacture or distribution of a controlled substance; G. with regard to discrimination based on familial status, sexual orientation apply with respect to housing for older persons as defined in Section 1.4 of this ordinance; H. prohibit a person engaged in the business of furnishing appraisals of real property from taking into consideration factors other than race, creed, age, ancestry, unfavorable military discharge, color, religion, gender, disability, familial status, sexual orientation , or national origin. I. prohibit financial institutions from considering sound underwriting practices in contemplation of any loan to any person. Such practices shall include the following: 2. The market value of any real estate or other item of property proposed as security for any loan. 3. Diversification of the financial institution's investment portfolio. A. Creation of a Human Rights Committee There is hereby created a Human Rights Committee, consisting of 9 members who shall each serve for a term of three (3) years. Each member shall be appointed by the Mayor of the Municipality with the advice and consent of the Council. The terms of the Human Rights Committee shall be staggered with three (3) of the initial members serving one-year terms, three (3) of the members serving two-year terms and three (3) of the members serving a three-year term. Thereafter, each of the successors shall be appointed for a three-year term. The Chairperson shall be elected annually by a majority of the Committee. B. General Duties of the Human Rights Committee The Committee shall have four specific objectives -- 1. To advise senior management on public policy and consumer issues; In addition to the above listed objectives – 1. to render from time to time, but not less than every 12 months, a written report to municipal officials of its activities and recommendations with respect to human rights, which written report shall be made public after submission to the Mayor and Council; and 2. to adopt, promulgate, amend and rescind, after approval of the Mayor and Council, such rules and regulations as may be necessary or desirable to carry out the purpose of this ordinance. SPECIAL EVENTS SECTION: 6-5-1: Defined 6-5-1: DEFINED: For purposes of this Chapter, the term "special event" shall be deemed to include any walkathon, bikeathon, or jogging group, or other organized group having a common purpose of goal, proceeding along a public street or other public right of way in the City of Pekin. 6-5-2: APPLICATION TO CONDUCT EVENT: Application to conduct such special event shall be made to the Chief of Police in writing, by the person or persons in charge or responsible therefor. Such application shall set forth the following information: A. The name, address and telephone number of the person requesting the permit. B. The name and address of the organization or group that he or she is representing. C. The name, address and telephone number of the person or persons who will act as chairman of the special event and be responsible for the conduct thereof. D. The number of monitors to be provided and the identifying marks, badges or symbols to be worn or used by the monitors. E. The purpose of the event, the estimated number of persons to participate and otherwise attend, and the number and types of vehicles (if any) to participate. F. The method of notifying participants of the terms and conditions of the special event. G. The date the event is to be conducted and the hours it will commence and terminate. H. The specific assembly and dispersal locations; the specific route and the plans, if any, for assembly and dispersal. I. Whether any music will be provided, either live or recorded. J. The number, types and locations of all loudspeakers and amplifying devices to be used. K. Such other information as the Chief of Police may deem necessary in order to properly provide for traffic control, street and property maintenance and the protection of the public health, safety and welfare. 6-5-3: ISSUANCE OR DENIAL OF PERMIT: A. If the Chief of Police shall find that the special event is not to be held for any unlawful purpose and will not in any manner tend to a breach of the peace or unnecessarily interfere with the public use of the streets and sidewalks, he shall recommend issuance of such permit by the Mayor or, for reasons stated, shall recommend that the requested permit be denied. After giving consideration to the recommendations of the Chief of Police, the final determination as to whether or not a permit shall be issued shall be made by the Mayor within twenty (20) days after application has been filed with the Chief of Police. B. The granting of or refusal to grant any permit shall be final unless appealed to the City Council within ten (10) days from the date of service of written notice of the decision of the Committee on the application. Failure to file an appeal within such ten (10) day period shall constitute a waiver of the right to such appeal. C. As a condition to granting such permit, the Mayor, upon recommendation from the Chief of Police, may impose reasonable terms and regulations concerning the time and place of such specific event; the maximum number of persons participating therein; the regulation of traffic, if required, including, but not limited to, the number and type of signs and barricades to be provided by applicant; and such other requirements as it may find reasonable and necessary for the protection of persons and property. 6-5-4: SURETY AND INSURANCE: Prior to the issuance of a permit, all applicants shall be required to: A. In lieu of an agreement, compensate the City for loss or damage to public property, the deposit of a surety or cash bond in an amount sufficient to guarantee the cleaning up of the site and the removal of any debris left as a result of the holding of a specific event. If it is determined that such specific event will warrant the presence of policemen or special officers for patrol duty, the Chief of Police shall also require the deposit of a surety or cash bond in an amount sufficient to pay the additional costs of providing such patrol. B. Provide personal injury insurance and property damage insurance, including products liability coverage written by an insurance company acceptable to the City in the minimum limits as set by resolution of the City Council from time to time. 6-5-5: TIME LIMITATION FOR APPLICATION; HOURS OF CONDUCT; REMOVAL OF SIGNS: No such permit shall be issued for a special event unless application has been made not less than forty (40) days in advance of the date on which said special event is sought to be held. No such event shall commence earlier than eight o'clock (8:00) A.M., nor continue beyond the hour of eleven o'clock (11:00) P.M. of the same day. All directional signs erected in connection with the special event shall be removed within twenty four (24) hours of the termination of the event. Ord. No. 2372 03/22/04 6-5-6: VIOLATIONS; PENALTY: Any person violating any provision of this Chapter shall be guilty of a misdemeanor and, upon conviction thereof shall be subject to penalty as provided in Section 1-4-1 of this Code. BUILDINGS OPEN TO THE PUBLIC; SAFETY REQUIREMENTS SECTION: 6-6-1: Responsibility 6-6-1: RESPONSIBILITY: The owner, agent, occupant or person charged with the custody of any public building, auditorium, hotel, theater, lodge hall or church, and in the case of schools, the president of the board of education or the person in charge thereof and owning the same, shall be held liable for the equipment and maintenance of such apparatus as is required in this Chapter for the maintenance and safety of all exists, stairs, doors, windows or passageways. 6-6-2: COMPLIANCE WITH FIRE PREVENTION CODES: All occupants shall comply with City and State Fire Prevention Codes (See Chapter 8, Article C of this Title.). 6-6-3: PENALTY: Any person violating any provision of this Chapter shall be subject to penalty as provided in Section 1-4-1 of this Code. SOUND AMPLIFIERS SECTION: 6-7-1: License Required; Fee 6-7-1: LICENSE REQUIRED; FEE: It shall be unlawful to maintain or operate any loudspeaker or amplifier connected with any radio, phonograph, microphone or other device by which sounds are magnified and made heard over any public street or public place in the City without having first secured a license therefor. The fee for licenses to be granted under this Chapter shall be as follows: one dollar ($1.00) for each hour so used, or twenty five dollars ($25.00) for an annual license. 6-7-2: APPLICATIONS: Any person desiring a license for the use or operation of such device shall file an application therefor with the City Clerk, upon a form provided by the Clerk setting forth the name and address of the applicant, the name of the owner of such device, the date upon which it is intended to be used and such other information as may be prescribed. 6-7-3: ISSUANCE OF LICENSE: Such license shall be issued upon the payment of the license fee, as above provided, to the City Clerk and shall permit the use of any such device subject to the terms and conditions of this Chapter. 6-7-4: RESTRICTIONS: A. No licensee shall use or operate or employ any such device within the City limits on Sunday or after the hours of eight o'clock (8:00) P.M. prevailing time of any day or before the hour of nine o'clock (9:00) A.M. prevailing time of any day; no licensee shall use, operate or employ any such device within a radius of two (2) blocks from any hospital or within the radius of two (2) blocks from any church while funeral services are being held there. B. This Section shall not apply to radios in homes or in private vehicles when the same are operated in such manner as not to be audible at a distance of fifty feet (50') from such vehicle, nor to noise devices, bands or other musical devices used in any public parade or procession which is operating under a permit in accordance with the ordinances of the City. C. No licensee shall cause or permit to be emanated or emitted from any such device any lewd, obscene, profane or indecent language or sounds or any false representation of any matter, produce or project advertised thereby the sale of which is prohibited by any law, ordinance or statute. 6-7-5: PENALTY: Any person violating any provision of this Chapter shall be subject to penalty as provided in Section 1-4-1 of this Code. FIRE PREVENTION REGULATIONS SECTION: 6-8A-1: Composition of Department 6-8A-1: COMPOSITION OF DEPARTMENT: There is hereby created the Fire Department, a department of the City. The Fire Department shall consist of the Chief, who shall be the Chief of the Department, and such other members as may be determined from time to time by the City Council. 6-8A-2: FIRE CHIEF; DEPUTY FIRE CHIEFS: 6-8A-2-1: OFFICE; APPOINTMENT: A. There is hereby created the Office of Fire Chief, an office of the City. B. The Fire Chief shall be appointed by the Manager. D. There is hereby created the offices of "Deputy Fire Chief/Training Officer," administrative and command positions in the Fire Department. The said positions shall be filled by appointment by the Manager with the advice of the Fire Chief, to serve for no set term. In the absence or disability of the Fire Chief, the deputy Fire Chief designated by the Fire Chief (or the Manager if the Fire Chief has not done so) shall be in command of the Fire Department. The Deputy Fire Chief shall have such other duties as may be assigned to him or her by the Fire Chief or Manager. In the case of a vacancy in any office or position herein designated, the Manager shall not be required to fill such office or position if in his or her judgment and discretion there is no necessity therefore. 6-8A-2-2: DUTIES: The Fire Chief shall be the Chief of the Fire Department, and shall be responsible for the care of the apparatus belonging thereto and the conduct of the members. He shall keep such records and make such reports showing the activities of his Department, as may be required by the Manager. 6-8A-3: COMMANDS: The Fire Chief, and in his absence the Deputy Fire Chief designated by the Fire Chief, shall have charge of the members of the Department and all apparatus, and the fire fighters shall obey the orders of the superior officers of the Department while on duty. 6-8A-4: POWERS AND FUNCTIONS: A. Functions of Department: It shall be the function of the Fire Department and the duty of the members thereof to prevent and extinguish accidental or destructive fires occurring in the City and to enforce all ordinances relating to fire hazards. B. Arrests: The Fire Chief and all fire fighters shall have the power and authority to arrest any person, at or near the scene of an accidental or destructive fire, for any interference with the Fire Department in the performance of its duties, or for the commission of any crime or ordinance violation in connection with the fire. 6-8A-5: RULES AND REGULATIONS OF DEPARTMENT: The Fire Chief may make or proscribe such rules and regulations for the hours of duty, vacations, uniforms and conduct of the members of the Fire Department as he shall deem advisable, and such rules shall be subject to the approval of the Manager and shall be binding on the members of the Fire Department. 6-8A-6: MEMBERS OF DEPARTMENT: 6-8A-6-1: APPLICATIONS AND APPOINTMENTS: A. Applications: No person shall be denied the opportunity to file an application for a position or be hired for a position in the Fire Department on account of the person's age, except that any such person must have attained the age of 21 years at the time of the last date for filing applications for a position in the Fire Department. B. Appointments: Members of the Fire Department, after examinations, shall be appointed by the Board of Fire and Police Commissioners (See Title 2, Chapter 4 of this Code), and promotions shall be made in the same manner as is provided for by statute except: 1. As to the appointment of the Fire Chief and Deputy Fire Chief, whose appointment shall be as provided for in subsection 6-8A-2-1B of this Article. 2. An individual may be selected for appointment to the Fire Department of the City of Pekin to the position of fire fighter by the Board of Fire and Police Commissioners, if he or she meets the following qualifications: (a) The applicant has previously successfully completed an initial probationary period as a fire fighter in the United States of America; and (b) The applicant (1) Is currently a fire fighter in good standing in the fire department in which the applicant serves; or (2) Previously served and left a fire department in good standing within six months of application for hire with the City of Pekin; and (c) the applicant has (2) at least three years full time fire experience in the last 42 months if such experience is outside the State of Illinois; and (d) the applicant has substantially equivalent skills and abilities as a City of Pekin post-probationary fire fighter; and (e) the applicant has passed such examinations as the Board of Fire and Police Commissioners deems necessary to determine the applicant’s fitness for duties as a police officer. 1. The Board of Fire and Police Commissioners of the City shall give preference for original appointment to persons referred to in Section 2 below whose names appear on any register of eligibles resulting from an examination for original entrance in the classified service of the fire department of the City by adding to the final grade average which they receive or will receive as the result of any examination held for original entrance, 5 points. The numerical result thus attained shall be applied by the Board of Fire and Police Commissioners in determining the position of such persons on any eligibility list which has been created as the result of any examination for original entrance for purposes of preference in certification and appointment from such eligibility list. D. No person shall be entitled to appointment as a matter of right under this Section. This Section is enacted pursuant to Section 6 of Article VII of the Constitution of the State of Illinois, and this Section shall prevail in any conflict between this Section and Illinois Municipal Code, pursuant to the provisions of Section 6 of Article VII of the Constitution the State of Illinois. (Ord. No. 2536-07/08 11-13-07) 6-8A-6-2: NUMBER OF MEMBERS: The Fire Department of the City shall consist of the following personnel: In case of a vacancy in any office or position herein designated, neither the Fire Chief nor the Manager shall be required to fill such office or position if in their judgment and discretion there is no necessity therefore. (Ord. No. 2308 11/12/02) (Ord. No. 2450 11/14/05) (Ord. No. 2470 04/24/06) 6-8A-6-3: MANNER OF ESTABLISHING RANK: A. Purpose: The purpose of this Section is to provide for ranks within the Fire Department of the City and to provide fair and equal opportunity for promotion to all members of the Fire Department on the basis of demonstrated merit and fitness as ascertained through fair and practical methods of promotion as provided for in the rules and regulations of the Police and Fire Commission of the City. B. Definitions: Unless the context otherwise requires, the following terms as used in this Section shall be construed according to the definitions given below: APPOINTMENT: The certification of the probationary appointment of a firefighter or the certification of a change in rank or position of a regular firefighter by the Police and Fire Commission of the City in accordance with the provisions of the rules and regulations of the Police and Fire Commission of the City and the statutes of the State of Illinois. ELIGIBLE: A person whose name is on the eligible list as determined by examination as given by the Police and Fire Commission of the City. PROBATIONARY FIREFIGHTER: An employee, working full-time, who was appointed to the position of firefighter after competitive examination as given by the Police and Fire Commission but has not completed his probationary period. POSITION: One or more positions within a rank generally alike in duties, authority and responsibilities except for additional functions which necessitate a division within the rank so as to reasonably presume the requirement of additional qualifications of skill within the rank and an application of a different pay schedule. PROMOTION: An upgrading of a regular firefighter from a lower rank to the next highest rank. PROMOTIONAL LIST: A list of persons who have been found qualified by examination for appointment to a position within a particular rank or to a higher rank. RANK: The official grade of classification of all firefighter within the Fire Department of the City. REGULAR FIREFIGHTER: All full-time firefighters other than those firefighters who have not completed their probationary period. TRIAL SERVICE PERIOD: Also known as probationary period means a working test period of one year during which a firefighter, duly appointed, is required to demonstrate his fitness for a position by actual performance of the duties of the position of firefighter. C. Classification of Rank: Classification of ranks within the Fire Department of the City, in the order of their superiority, shall be known as the ranks of Fire Chief, Deputy Fire Chief, Assistant Fire Chief, Fire Prevention Officer, Maintenance Coordinator, Captain, Engineer/Driver and Firefighter. (Ord. No. 2470 04/24/06) D. Promotions: All promotions to the next highest rank, except for the rank of Fire Chief and Deputy Fire Chief, shall be by competitive examination as given by the Board of Police and Fire Commission of the City under the rules and regulations of said Commission, from which a promotional list of eligibles is derived for each rank. All regular firefighter shall be eligible to take the competitive examination for promotion to the next highest rank. E. Effect of Provision: Nothing in this Section shall be effective to change the rank or position of any firefighter or officer at the time of the adoption of this Section. 6-8A-6-4: RESIDENCY REQUIREMENTS: A. Any person otherwise qualified may apply for employment to the Fire and Police Commission for the position of firefighter if said applicant is a citizen of the United States of America. Any successful applicant who is appointed to the position of firefighter must, within twelve (12) months of his or initial employment, become a resident within the corporate limits of the City; provided, however, if a residence requirement applicable to the firefighter exists in the then current collective bargaining agreement, then the provision in said collective bargaining agreement shall control. B. If any firefighter fails to become a resident within said time frame, then his or her employment as such firefighter shall terminate. C. For purpose of this Section, "resident" shall mean a person who maintains his or her actual bona fide domicile and regular permanent place of abode within the boundaries set forth in subsection A above. 6-8A-6-5: FIRE PROTECTION TRAINING: The City of Pekin Fire Protection District hereby elects to participate in the programs provided for in the Illinois Fire Protection Training Act (50 ILCS 740/1 et seq.). Before an individual may commence regular, full-time employment as a firefighter, he must have been certified by the Illinois State Fire Marshall as a Firefighter II, as having successfully completed an approved training course as provided in said Act. The Firefighter II training must be completed by the trainee within his probationary period of one year, except for volunteers, part-time and paid-on-call personnel. The Board of Fire and Police Commissioners are hereby instructed and directed to make the necessary amendments to the personnel rules, the manual of rules of the Pekin Fire Department, and rules of said Board of Fire and Police Commissions in order to require that any person appointed to the Fire Department unless and until he shall complete, pursuant to said Illinois Fire Protection and Training Act, the approved training course within one year of the date of his initial employment. 6-8A-7: FIRES: A. Spectators: It shall be the duty of all spectators at fires to obey the orders of the members of the Fire Department on duty there with respect to keeping away from the scene of the fire or the handling or interference with the apparatus of the Department. B. Property at Fires: The members of the Fire Department shall have charge of property removed from the scene of a fire by them to avoid loss or damage, until the same is turned over to the owner or agent of the owner thereof. C. Causes of Fires: It shall be the duty of the Chief of the Fire Department to investigate or cause to have investigated the cause of any accidental or destructive fire occurring in the City, and in case there is reason to suspect that there was any criminal act or violation of a City ordinance in connection therewith, he shall report the same to the appropriate law enforcement agency and/or code enforcement official. 6-8A-7-1: FEES FOR FIRE FIGHTING SERVICES PROVIDED TO NON- RESIDENTS: A. Vehicle Fires. When emergency response services are rendered by the City of Pekin Fire Department for a fire in a vehicle owned by any person, business or other entity who is not a resident of the City of Pekin, Illinois, and Fire Protection Districts there shall be a charge for fire protection services to the owner of the vehicle of $250.00. (Ord. No. 2475-06/07 06/12/06) FIRE PREVENTION REGULATIONS ARTICLE B. BUREAU OF FIRE PREVENTION SECTION: 6-8B-1: Constitution 6-8B-1: CONSTITUTION: There shall be in the City a Bureau of Fire Prevention which shall be under the supervision of the Chief of the Fire Department. 6-8B-2: CHIEF OF: A. Chief of Fire Department Designated Chief: The Chief of the Fire Department shall be and is hereby designated as Chief of the Bureau of Fire Prevention. B. Chief Fire Inspector: The Chief of the Fire Department as Chief of the Bureau of Fire Prevention shall have the power to appoint a Chief Fire Inspector of the Bureau of Fire Prevention, which appointment shall be subject to the approval of the City Council. The Chief Fire Inspector shall be appointed from the qualified ranks of the Fire Department of the City and shall be deemed to be and continue to be, so long as he acts as such Chief Fire Inspector, a qualified member of the Fire Department of the City. C. Duties: It shall be the duty of the Chief of the Fire Department, through the Chief Fire Inspector, to enforce the provisions of the Fire Prevention Code, and any modification shall be subject to the approval of the Chief of the Fire Department, which modification shall be in writing and filed with the Department with a copy furnished the applicant for such modification. 6-8B-3: REFUSALS OF LICENSES OR PERMITS: Whenever an application for license or permit or modification of the Fire Prevention Code is refused by the Bureau of Fire Prevention, the applicant shall have the right of appeal to such decision as provided by law. FIRE PREVENTION REGULATIONS ARTICLE C. FIRE PREVENTION CODE SECTION: 6-8C-1: Adoption; Affirmation of Fire Prevention Code 6-8C-1: ADOPTION; AFFIRMATION OF FIRE PREVENTION CODE: A certain document, three (3) copies of which are on file in the office of the City Clerk, being marked and designated as "The 2006 International Fire Prevention Code, as published by International Code Council, Inc. and adopted by Ordinance No. 2540 A-07/08 on December 10, 2007, be and is hereby affirmed as the Fire Prevention Code of the City of Pekin in the State of Illinois, for the control of buildings, structures and premises as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said International Fire Prevention Code are hereby referred to, affirmed and made a part hereof, as if fully set out in this Chapter, with the additions, insertions, deletions and changes, if any, prescribed in this Chapter. 6-8C-2: AMENDMENTS TO FIRE PREVENTION CODE: The International Fire Prevention Code is amended and changed in the following respects: Section F-101.1 Insert: "the City of Pekin, Illinois". Section F-401.2 Leaf Burning Prohibited: It shall be unlawful to burn leaves of any type within the City limits of the City of Pekin (Ord. No. 2276 01/14/02) Section F-3105.4 In addition, the following requirements shall apply to all displays of fireworks: 1. Each operator and each shooter shall be licensed by the Illinois Department of Natural Resources, Office of Mines and Minerals for explosives, as provided in the Illinois Explosives Act (225 ILCS 210/1001 et seq.). 2. During any set up, discharge or post-display operations of display fireworks, there shall be at the display site at least one licensed shooter for every ten assistants. 3. No assistant shall be permitted at the display site unless such assistant has demonstrated proof of adequate training of basic safety, possession, handling, use, storage, disposal and transportation of explosives. Such proof of such training shall be provided to the Fire Department at the time of application for the permit for the display on which the assistant will be assisting. As used in this section, the terms “operator”, “shooter”. “assistant” and “display site” shall have the meanings given to them in NFPA 1123 listed in Chapter 44. Section F-3105.2 Insert at the end of the exception: 101.3.1 Intent. The intent of the 2006 International Fire Code is to cover new construction, change of occupancy, significant renovations and/or distinct hazards as determined by the Fire Code Official. 102.4 Delete the 2006 verbiage and replace with the 2003 verbiage, to read as follows: 103.3 Deputies add: with approval of the Fire Chief. After other employees. 105.5 This would be added after the paragraph: Revocation. The Fire Code Official is authorized to revoke a permit issued under the provisions of this code when it found by inspection or otherwise that there has been a false statement or misrepresentation as to the material facts in the application or construction documents on which the permit or approval was based including but not limited to one of the following: 8. The permittee fails to allow the required inspections by fire officials and/or inspection officials. 107.4 Rendering Equipment Inoperable. If the equipment is to be rendered inoperable or inaccessible for any period of time, the fire department shall be notified prior to the process, unless it is an emergency situation, then the fire department shall be notified at the earliest possible time within the first hour. 109.3 Violation Penalties. Insert the following appropriately: 111.4 Insert the following appropriately: 314.3 Change 5 feet to 20 feet Table 3504.2.1 Flammable Gases – Distance From Storage To Exposures. Table 3809.12 Separation From Exposures Of Containers Awaiting Use, Resale Or Exchange Stored Outside Of Buildings From Exposures. 1. Appendix A – Board of Appeals 6-8C-3: ESTABLISHMENT OF LIMITS: That the limits referred to in Section F-3003.2 of the National Fire Prevention Code/2006 in which the storage of explosive materials is prohibited are hereby established as follows: All areas within the City Limits of the City of Pekin. 6-8C-4: COMPLIANCE WITH CITY CODE: The Fire Prevention Code herewith adopted be and is hereby amended to comply with subsection 5-2A-4B which subsection is herewith made a part hereof and anything contained in said Fire Prevention Code herewith adopted in conflict therewith are hereby amended to comply with said subsection above set forth. 6-8C-5: PENALTIES: Any person, violating any provision of this Article shall be subject to penalty as provided in Section 1-4-1 of this Code. FIRE PREVENTION REGULATIONS SECTION: 6-8D- 1: Compliance with Regulations 6-8D-1: COMPLIANCE WITH REGULATIONS: It shall be unlawful to store, handle or offer for sale any flammable or volatile liquids in violation of any provision of this Article. 6-8D-2: ENFORCEMENT: It shall be the duty of the Fire Chief, with the cooperation of the Police Department, to see to the enforcement of the provisions of this Article. 6-8D-3: PERMIT REQUIREMENTS: 6-8D-3-1: PERMITS: It shall be unlawful to construct, install or enlarge any tank, pump or piping equipment for the storage or handling of flammable or volatile liquids such as defined in this Article without having first obtained a permit therefor. Applications for such permits shall be made to the City Clerk and shall be accompanied by drawing to scale showing the location as well as plans showing the type and nature of installation or alteration. 6-8D-3-2: APPROVAL: No such permit shall be issued until the Fire Chief has certified that the contemplated work fully complies with the ordinances of the City. 6-8D-3-3: FEES: The fee for such permits shall be: For installation of fuel oil For installation of tanks for storage For installation of fuel oil tanks having For installation of gasoline storage tanks For installation of tanks for other 6-8D-4: CLASSIFICATION: A. For the purpose of this Article, flammable liquids are divided into three (3) classes, according to flash points, as follows: Class I: Liquids with a flash point at or below twenty degrees (20 ) Fahrenheit closed-cup tester. Class II: Liquids with a flash point above that for Class I and at or below seventy degrees (70 ) Fahrenheit (21 centigrade) and closed-cup tester. Class III: Liquids with a flash point above that for Class II and at or below two hundred degrees (200 ) Fahrenheit (93 1/3 centigrade) closed-cup tester. B. The flash point shall be as determined with the Elliott, Abel, Abel Pensky or the Tag closed-cup testers, but the Tag closed-cup tester (standardized by the United States Bureau of Standards) shall be authoritative in case of dispute. All tests shall be made in accordance with the methods adopted by the American Society for Testing Materials. C. Representative examples of the classes of flammable liquids are: Class I Class II Class III 6-8D-5: SMALL STORAGE LIMITED: Storage of flammable liquids of Classes I, II and III shall be in accordance with the rules and governing general storage and service stations, except: A. Not to exceed five (5) gallons of crude petroleum, benzine, benzol, gasoline, naphtha and their compounds may be kept on hand if stored in a proper safety container, remote from flame or open fire. Such storage must not be in any cellar, basement or pit and should be in a room with direct ventilation to the outside and preferably in any outbuilding or garage. B. Ten (10) gallons of kerosene may be stored above ground in a proper safety can and sixty (60) gallons may be stored for the retail trade within a building; provided, storage is in an approved tank. Tank shall set in a metal pan extending at least eight inches (8") beyond outside of tank at sides and rear and eighteen inches (18") in front. Tank should be located on the first floor where the influx of natural light is sufficient to light the room, and reasonable ventilation must be provided. 6-8D-6: CONTAINERS: A. Red Containers Required: All receptacles used for the keeping or storing of gasoline, naphtha, benzine or benzol shall be painted red, and no liquids other than gasoline, naphtha, benzine or benzol shall be placed in such containers. B. Empty Drums: Drums or barrels in which liquids of Classes I, II, or III have been stored shall have taps, plugs or bungs replaced immediately after package has been emptied and shall be promptly removed from the premises. 6-8D-7: USE WITHIN BUILDING RESTRICTED: The mixing, storing or handling of Class I and II liquids in open containers is prohibited in any building, except in the compounding of medicines and prescriptions in drugstores. 6-8D-8: POURING INTO SEWERS PROHIBITED: No liquids of Classes I, II, and III, or solutions containing such liquids shall be poured into any sewer or any drain which connects with a sewer system. 6-8D-9: STORAGE IN PUBLIC BUILDINGS RESTRICTED: No liquids of Class I or II shall be kept or stored in any schoolhouse, public hall or place of assembly, or in any public hall or place of assembly, or in any public building, except for demonstrative purposes or for industrial or mechanical uses and then only under competent supervision. 6-8D-10: USE IN STARTING FIRES: Flammable liquids shall not be used to start or kindle fires in stoves, furnaces or otherwise. 6-8D-11: FIRE TO BE KEPT AWAY FROM FLAMMABLE LIQUIDS: Flammable liquids shall always be kept away from fire or open flame; fire or open flame shall always be kept away from flammable liquids. 6-8D-12: TANKS: 6-8D-12-1: LOCATION OF TANKS; RESTRICTED CLASSES OF PROPERTY: No storage tank shall be within three hundred feet (300') of any schoolhouse, church, hospital or public hall. The distance shall be measured from near the edges of tanks in all directions to near point of building. A public hall is any place which is used at any time for public meetings or the assembling of people for amusement, instruction or religious worship. 6-8D-12-2: LOCATION OF TANKS; PROPERTY LINES AND BUILDINGS: A. The minimum distance from individual tanks to line of adjoining property which may be built upon shall not be less than the following: Table of Distance: Tank Capacity Minimum Distance B. In case of tanks for the storage of crude petroleum, the foregoing minimum distance shall be doubled. C. These distances shall apply also to other buildings on the property except those necessarily connected with the installation (such as oil warehouse, pumphouse and garage). D. Location of tanks with reference to railroad tracks over which passenger trains are moved shall conform to the regulations of the Bureau of Explosives of the Association of American Railroads (formerly American Railroad Association), 30 Veset Street, New York City. E. When general oil storage is maintained in connection with a filling station, the distance from general storage tanks to filling station building, tanks and equipment shall be the same as that required to property lines. 6-8D-12-3: DISTANCE BETWEEN TANKS: The minimum distance from tanks to adjacent tanks shall be as follows: Tank Capacity Minimum Distance If tanks are of different capacity, the capacity of the larger tank shall govern the distance to adjacent tanks. 6-8D-12-4: CONSTRUCTION OF TANKS; SPECIFICATIONS: A. Tanks shall be covered with asphaltum or other non-rusting coating or paint. B. All pipe connections shall be made through flanges or reinforcements securely riveted, welded or bolted to the tank and shall be made tight. C. All openings shall be made liquid and vapor-tight, except breather vents. Gaskets used shall be such as not affected by heat or the contents of the tank. D. Covers for manholes, hand-holes and gauge holes shall me made tight fitting and normally kept in place. 6-8D-12-5: NORMAL VENTS IN TANKS: A. Each tank over one hundred (100) gallons in capacity shall have vent openings, except safety valves, provided with approved non-corrodible flame arresters so attached as to completely cover the openings. B. Vent openings shall be in no case less than one-quarter inch (1/4") in diameter, and where a power pump is used in filling tanks and a tight connection is made to fill pipe, vent shall not be smaller than fill pipe. 6-8D-12-6: SPECIAL SAFETY OR EMERGENCY VENTS IN TANKS: Additional vent openings or safety valves adequate to relieve any excessive pressure due to external heat shall be provided of a type which shall be self-closing when pressure is relieved. The total area of vents shall be not less than twenty four (24) square inches for tanks of twenty one thousand (21,000) gallons' capacity or less and not less than seventy eight (78) square inches for tanks of more than twenty one thousand (21,000) gallons' capacity. 6-8D-12-7: SETTING OF TANKS: Tanks more than one foot (1') above the ground shall have a firm foundation and supports of noncombustible materials, bases of which shall rest below the frost line. Unprotected steel as a support for tanks shall not be permitted. No combustible materials shall be permitted under or within ten feet (10') of any storage tanks, except stairways to and walks on top of which shall be incombustible. 6-8D-12-8: GROUNDING OF TANKS: All tanks shall be grounded electrically and effectively to permanent moisture. 6-8D-13: PIPING: 6-8D-13-1: PIPING MATERIAL: All piping shall be standard full weight wrought iron or steel for working pressures less than one hundred (100) pounds; for working pressures in excess of one hundred (100) pounds, extra heavy pipe and fitting shall be used. No pipe less than one-half inch (1/2") internal diameter will be permitted. 6-8D-13-2: PIPING RUNS: Piping shall be run as directly as possible and proper allowance made for expansion and contraction. 6-8D-13-3: PIPING ABOVE GROUND: Pipes when above ground shall be protected against mechanical injury. 6-8D-13-4: PIPING UNDER GROUND: A. Pipes shall not be surrounded or covered by cinders or other material of corrosive effect, but preferably should be laid in sand, and where carried in conduit, the openings of such conduit must be fully protected to prevent escape of liquid under dangerous conditions. B. Pipelines buried on railroad property shall be laid at a depth on not less than three feet (3'); where they pass under tracks, they shall be laid at least four feet (4') below the bottom of ties. C. Piping buried in City Streets or other areas where other pipelines are carried shall be placed in conduit. Joints of conduit shall be sealed to prevent leakage, and pitch shall be toward tank yard. D. Underground piping shall be coated with asphaltum or corrosion-resisting materials. 6-8D-13-5: JOINTS IN PIPES: Joints may be welded or of the ordinary screw type; if the screw type, they shall be made up with litharge and glycerine, lamp black or shellac. 6-8D-13-6: TESTS OF PIPING: Piping after installation shall be tested at a pressure fifty percent (50%) in excess of the working pressure and shall be proven tight. Tests shall continue thirty (30) minutes. 6-8D-13-7: VALVES: A. Normal Valves in Pipes: 1. Each pipe attached to a tank shall be provided with a valve at the tank, with no branches or outlets between the tank and the valve. 2. In case two (2) or more tanks are cross-connected, there shall be a valve at each tank in each cross-connection. Tanks with different classes of liquids shall not be cross-connected. B. Emergency Internal Check Valves: In addition to normal valve, there shall be an extra valve at each pipeline, installed on the inside of tank and operated by an effective heat-releasing device, which shall automatically prevent the flow of liquid from the tank in case of fire, even if pipelines are broken from the tank. 6-8D-14: DIKES: 6-8D-14-1: DIKES REQUIRED: Embankments or dikes are required for: A. Each tank containing crude oil or other liquid which has a tendency to boil over. B. Each individual tank exceeding fifty thousand (50,000) gallons (1,200 barrels) in capacity. C. Individual tests of less than fifty thousand (50,000) gallons, or groups of tanks with individual tank capacity of less than fifty thousand (50,000) gallons, when installed on the bank of a stream or other body of water, or on land permitting rapid drainage thereto. 6-8D-14-2: CAPACITY OF DIKES: A. Dikes shall have a capacity of not less than the capacity of the tank or groups of tanks surrounded. B. Dikes surrounding tanks containing crude oil or other liquid which has a tendency to boil over shall have a capacity of not less than one hundred twenty five percent (125%) of the capacity of the tank or group of tanks surrounded or shall have a suitable coping or deflector projecting inward, properly constructed to minimize the effect of a "boiler" wave. 6-8D-14-3: MATERIAL AND CONSTRUCTION OF DIKES: A. Dikes shall be constructed of earth, clay, masonry or reinforced concrete not higher than one-half (12) of the height of the tank or tanks enclosed, so constructed as to afford adequate protection. B. Earthwork embankments shall be firmly and compactly built of good earth or clay, free from stones, vegetable matter and other foreign material. They shall have a flat section at the top not less than two and one-half feet (2 1/2') wide and a slope of at least 1 to 1 (45 degrees) on both sides. C. Masonry or concrete dikes shall have footing below the frost line. D. If a concrete floor covering is provided for the area enclosed by a concrete dike, a sump shall be provided at some convenient place, attached to which shall be a pump of approved design, so that any accumulation of water or oil may be removed immediately. 6-8D-14-4: NO OPENINGS IN DIKES PERMITTED: Embankments or dikes shall be continuous, with no openings for piping or roadway. 6-8D-15: BUILDINGS: 6-8D-15-1: GENERAL REQUIREMENTS: It shall be unlawful to store, to sell or offer for sale any flammable or volatile liquids, as defined in this Article, in an amount in excess of one gallon in any building of frame construction, or in any building other than a building of fireproof construction as defined in the ordinances of the City; provided, that this Section shall not be construed to prohibit the storage of such liquids in the fuel tanks of automobiles or in tanks for heating systems installed in compliance with the provisions of the City ordinances. 6-8D-15-2: PUMPHOUSES: A. Motor and pump or pumps shall be located in a separate, noncombustible building, not less than ten feet (10') from tanks, warehouses, garages or property lines. Motor shall be of the polyphase, non-sparking or explosion-proof type and shall be grounded to permanently moist earth. B. If pumphouse is electricity lighted, light shall be of the vapor-proof type, wiring shall be in sealed conduit, and the light switch shall be of the explosion-proof type or shall be placed outside the building. C. Motor-starting switches shall be of the explosion-proof type or oil bath type. D. Screened openings of not less than sixty four (64) square inches shall be construed in opposite corners at floor line to provide proper ventilation. E. All doors of pumphouses shall open outward. Doors shall be left open at all times when pumps are in operation. 6-8D-15-3: CONSTRUCTION OF WAREHOUSE: Warehouses shall be constructed so that refuse cannot accumulate under the floor. A. What Liquids Can Be Stored: Storage of liquids of Class I shall not be permitted in any building. Storage of liquids of Class II shall not be permitted except in original sealed containers, and no transfer of such liquids in such containers to other containers shall ever be made inside the warehouse. B. Cleanliness: Warehouses shall be kept clean, neat and orderly, and free from accumulation of grease and oil spillage. 6-8D-15-4: ELECTRICAL INSULATION: The National Electric Code (See also Title 7, Chapter 1, Article D of this Code.) shall govern the electrical installation. 6-8D-15-5: GARAGE; CONSTRUCTION: Floor of garage shall be of concrete or other noncombustible material, laid directly on the ground or on a well-tamped and puddled fill. A. Adequate ventilation shall be provided to carry off any inflammable gases which may accumulate. B. No connection to any house drainage or to any sewer system shall be made from any garage waste basin, sink, floor drain or waste, unless an adequate grease trap is provided ahead of such connection. This does not apply to lavatories, toilets or washbasins, used exclusively for toilet or personal use, nor to downspouts carrying surface water from the roof. 6-8D-15-6: LOADING DOCK: A. Location: Truck loading docks and platforms shall be located not less than ten feet (10') from storage tanks, plant buildings and property lines. B. Electrical Equipment: All electric lights at loading or unloading docks shall be of vapor-proof construction. Electric wiring shall be in sealed conduit at docks and switches shall be of the explosion-proof type or placed at some point remote from the docks. 6-8D-6: LOADING OR UNLOADING: 6-8D-6-1: PUMPS AND PIPELINES: A. Gasoline and naphtha shall never be handled through the same pump and pipelines as kerosene and fuel oils. B. Pipeline shall have a definite color scheme for painting to indicate the product which is being carried by the respective lines. The color red shall be for gasoline and naphtha. Valves on lines in pumphouses shall be tagged to denote the product handled and controlled by each valve. 6-8D-16-2: GROUNDING: Before unloading operations are started and before any connection or contact is made with piping or other loading equipment, the tank car shall be electrically grounded in an effective manner. Permanent electrical connection of not less than number 0 copper cable shall be made between the rails on which tank cars stand and the piping system of the storage plant. NOTE: This connection may be accomplished in two (2) ways. The rails may be bonded by means of standard rail bonds and connected to the permanent piping system with number 0 electric cable connections at each end of the loading or unloading section, or a similar connection may be made between each rail on which cars stand and the permanent piping system. 6-8D-16-3: NO UNLOADING BY GRAVITY: A. The withdrawal of liquids from tank cars through bottom outlets shall not be permitted. Tank cars shall be unloaded through dome (manhole) only. Pumps required to accomplish this shall be of adequate type and securely installed. Exceptions: fuel oils may be unloaded by gravity. B. The use of compressed air to discharge contents of tank cars is prohibited, but this shall not be construed to prevent the use of a standard system employing an inert gas, such as carbon dioxide or nitrogen, as pressure generating medium for this purpose. 6-8D-16-4: NO UNLOADING TO PORTABLE CONTAINERS: Unloading from tank cars to tank trucks or to any portable containers shall not be permitted. 6-8D-16-5: DOME COVERS: After unloading, pipe is inserted into dome of tank car and, before any pumping is done, dome shall be tightly covered with wet burlap or some other type of cover equally effective. 6-8D-16-6: OTHER RESTRICTIONS: A. All connections between tank cars and pipelines shall be in good conditions and shall not permit leakage. B. Tank cars shall not be left connected to pipelines except when loading or unloading is going on and during all such time a competent man shall be present and in charge. C. The presence of flame lanterns, flame switch lights or other exposed flame lights or fires during the process of loading or unloading is prohibited. D. Siding used in connection with tank car unloading operations shall not be common to other users, or they shall be provided with necessary derails or with warning signs in accordance with Section 4, Paragraph 697(b) of the Interstate Commerce Commission's "Regulations on the Transportation of Explosives". E. The unloading of tank cars and all operations in connection therewith shall be in full accord with the rules and regulations of the Interstate Commerce Commission. 6-8D-16-7: BONDING: Before unloading operations begin, tank trucks shall be electricity bonded to pipeline by means of a bonding device at loading dock. 6-8D-17: PROPERTY: A. Fencing: The area which embraces the tank yard, including dike and all aboveground piping and pipelines, shall be properly fenced with a metal fence. B. Care and Attendance: 1. Property shall be kept free from weeds, high grass, rubbish and litter and shall be kept neat, clean and orderly throughout. 2. Open light or flame shall not be permitted on the property. 6-8D-18: FIRE PROTECTION: Approved chemical fire extinguishers, foam generators or other smothering agents for extinguishing oil fires shall be provided. 6-8D-19: NO STORAGE WITHIN BUILDINGS: Barrel and drums used for Class I liquids, whether full or empty, shall be stored in the open or on open platforms in plant yard. Platforms may have roofs, but all sides shall be open. A. No open lights shall be permitted in such storage yard. B. Caps, bungs and plugs shall be closed tightly immediately after container is emptied. C. Gasoline and naphtha shall be handled only in barrels or drums painted red and properly labeled, and no other liquids shall be handled in such barrels or drums. 6-8D-20: TANK TRUCKS AND WAGONS: A. Tanks, tank trucks and wagons shall be constructed with double bulkheads. Each compartment shall be numbered, and the same number shall appear on the pipeline at the rear of truck or wagon connected with that compartment. B. A serviceable metal tag shall be fastened securely to each faucet, designating the contents of the compartment it controls by lettering not less than one-fourth of an inch (1/4") high. Tags shall be painted according to the same color scheme as the pipeline, red always indicating gasoline or naphtha. C. Faucets shall be of the self-closing type. D. Heavy bumpers shall be provided across the rear adequate to protect all faucets in case of a rear-end collision. E. Tanks, chassis, axles and springs shall be metallically connected and a drag chain shall be attached long enough to reach the ground at all times. F. If buckets are used to deliver gasoline or naphtha, they shall be painted red and properly labeled. They shall be used for delivering gasoline and naphtha only, and gasoline and naphtha shall not be delivered in any other buckets. G. No retail deliveries from tank trucks or tank wagons shall be permitted in any street or alley in the City, or on any highway outside the City. H. Each tank truck or tank wagon shall carry an approved fire extinguisher suitable for extinguishing gasoline and oil fires, such as carbon tetra-chloride, carbon dioxide, foam or powder. 6-8D-21: PENALTY: Any person violating any provision of this Article shall be subject to penalty as provided in Section 1-4-1 of this Code. FIRE PREVENTION REGULATIONS ARTICLE E. LIQUEFIED PETROLEUM GASES SECTION: 6-8E-1: Definition 6-8E-1: DEFINITION: The term "liquefied petroleum gases", as used in this Article, shall be construed to include any material composed predominantly of propane, propylene, butane (normal butane or isobutane) and butylene or mixture of them. 6-8E-2: COMPLIANCE; INSPECTIONS: A. It shall be unlawful to produce, store or use liquefied petroleum gas, or to install or maintain any equipment for such production or use, unless such production, storage and utilization equipment is constructed and maintained in compliance with the provisions of this Article. B. It shall be the duty of the Fire Chief, or such other officer or employee as may be designated by the City Council to enforce the provisions of this Article, and to make such inspections to tests as may be necessary in connection therewith. Whenever a test is necessary to determine whether any equipment or method complies with the standards prescribed or referred to in this Article, the enforcing official may accept the results of a test conducted by or under the supervision of the Underwriters Laboratories, Inc. 6-8E-3: ODORIZING: All liquefied petroleum gas used or stored in the Municipality shall be effectively odorized by an agent of such character as to indicate by a distinctive odor the presence of gas in the air down to a concentration of one-fifth (1/5) the lower limit of combustibility. 6-8E-4: CONTAINERS: A. All containers used for liquefied petroleum gases shall be constructed to the standards prescribed therefor in the "Standards of the National Board of Fire Underwriters for the Storage of Liquefied Petroleum Gases" of 1956, as amended, as published in pamphlet form by the National Board of Fire Underwriters, hereinafter referred to as N.B.F.U. pamphlet No. 58. B. The maximum filling density (the percent ratio of the weight of water the container will hold at 50 Fahrenheit) shall be that prescribed in paragraph B. 11 (page 16) of N.B.F.U. pamphlet No. 58. C. No such container for use in connection with any building shall be located between the building and the street upon which the building abuts nor within such building. The installation of such containers and location with reference to buildings shall be in accordance with the standards prescribed in N.B.F.U. pamphlet No. 58. 6-8E-5: EQUIPMENT: A. No equipment for the utilization of liquefied petroleum gas shall be installed in the Municipality unless a permit therefor shall have first been issued. When such installation is in a building being newly constructed or remodeled in accordance with a permit for such construction or remodeling, no extra fee for such permit shall be required. In other cases, applications for such permits shall be made to the City Clerk and shall contain a description of the location, equipment and intended use of such equipment. The fee for such permits shall be fifteen dollars ($15.00). B. No such equipment shall be installed or used unless it complies with the standards therefor established in the N.B.F.U. pamphlet No. 58. 6-8E-6: LICENSE FOR PRODUCTION: A. It shall be unlawful to operate in the City a plant for the production of liquefied petroleum gases without first having secured a license therefor. B. Applications for such licenses shall be made in writing to the City Clerk, and shall conform to the general provisions of the ordinances relating to business licenses (See Title 3, Chapter 1 of this Code). The annual fee for such license shall be fifty dollars ($50.00) C. No such license shall be issued unless the premises and equipment thereon to be used in such activity are in full compliance with the standards prescribed in N.B.F.U. pamphlet No. 58 (1956 as amended), and it shall be unlawful to conduct or operate such activity unless all buildings and equipment used in connection therewith comply with the standards prescribed in that bulletin. FIRE PREVENTION REGULATIONS SECTION: 6-8F-1: Nitroglycerine; T.N.T. 6-8F-1: NITROGLYCERINE; T.N.T.: It shall be unlawful to keep or store any nitroglycerine or the explosive commonly known as T.N.T. in the City in any quantities, excepting for medicinal purposes or laboratory purposes, and for such purposes, no more than one-quarter (1/4) of an ounce shall be stored in any one building or premises, unless the Chief of the Fire Department approves the same. 6-8F-2: STORAGE RULES: All explosives must be stored or kept in accordance with the rules of the State Fire Marshall, subject to the provisions of this Article. 6-8F-3: PENALTY: Any person violating any provision of this Article shall be subject to penalty as provided in Section 1-4-1 of this Code. FIRE PREVENTION REGULATIONS ARTICLE G. PUBLIC SAFETY ALARM SYSTEMS SECTION: 6-8G- 1: Purpose of Article 6-8G-2: DEFINITIONS: For the purpose of this Ordinance, certain words and phrases shall be construed herein as set forth in this Ordinance, unless it is apparent from the context that a different meaning is intended. The following words and phrases shall be defined as herein set forth: A. ALARM SYSTEM: Means any mechanical or electrical device that is arranged, designed, or used to signal the occurrence in the City of a burglary, robbery, or other criminal offense, fire emergency or medical emergency requiring urgent attention, and to which police, fire or emergency medical personnel are expected to respond. Alarm systems include those through which public safety personnel are notified directly of such signals through automatic devices or are notified indirectly by way of third persons or electronic or mechanical systems monitoring the alarm systems and reporting such signals to the Fire or Police Department or designated agency. Alarm systems also include those designed to register a signal which is so audible, visible, or in other ways perceptible outside a protected building structure or facility as to notify persons in the neighborhood beyond the subdivision lot where the signal is located who in turn may notify the Police or Fire Department or designated agency of the signal. Alarm systems do not include alarms affixed to automobiles. Furthermore, alarm systems do not include auxiliary devices installed by telephone companies to protect telephone equipment. Alarms in separate structures are to be counted as separate systems even though owned by the same person or entity. B. ALARM USER: Means any person, firm, corporation, partnership or entity who or which purchases, leases, contracts for, obtains or uses an alarm system or subscribes to an alarm system. C. FALSE ALARM: "False alarm" means the activation of an alarm system through mechanical failure, malfunction, improper installation, without an unlawful entry or attempted unlawful entry, or through the negligence of the owner or lessee of an alarm system or of his employees or agents or other cause. In addition, a "false alarm" is an alarm system signal eliciting a response by the Police or Fire Department or designated agency when a situation requiring a response by the Police or Fire Department does not in fact exist. "False alarm" does not include an alarm signal caused by violent conditions of nature or other extraordinary circumstances not reasonably subject to control by the alarm business operator or alarm user. Alarms resulting from the following conditions are not considered to be false alarms: 1. Criminal activity, unauthorized entry, or other unauthorized actions by any person. 2. Earthquake causing structural damage to the protected premises. 6. Telephone line malfunction verified in writing to the City by at least a first line telephone company supervisor. D. ALARM BUSINESS: Means any business in which the owner or employees engage in the activity of altering, installing, leasing, maintaining, repairing, replacing, selling, or servicing alarm systems. E. CITY: Means the City of Pekin, Tazewell County, Illinois. F. PERSON: Means natural person, firm, partnership, association or corporation. B. If the Police or Fire Department personnel at the scene of the activated alarm system determines the alarm to be false, said officer shall make a report of the false alarm. C. The Chief of the Police Department, the Chief of the Fire Department, or the designee of the Police Chief or Fire Chief shall cause a notification of the false alarm report to be mailed, by regular mail, or delivered to the alarm user at the address of said alarm system installation location, advising the alarm user of the false alarm. D. An alarm user who receives said notification shall have five (5) days within which to inform the Chief of the department responsible for issuing the notification that the alarm user disputes the existence of the false alarm. If the alarm user fails to make said notification within the stated time, it shall be presumed that the existence of the false alarm has been acknowledged. 6-8G-10: RESPONSE BY ALARM USER: Whenever an alarm user or owner of the protected premises is notified or aware that their alarm system has been activated, the alarm user or owner or designated representative shall cooperate with any investigations undertaken by City personnel in responding to the activated alarm. This shall include, but not be limited to, the alarm user's or owners presence at the premises protected by said alarm within a reasonable period of time after the alarm or owner becomes aware that the alarm has been activated. Furthermore, the use of an alarm system and its activation shall constitute consent on the part of the alarm user and owner of the premises to City personnel permitting said personnel to enter the premises to investigate the cause(s) of the alarm. The alarm user's or owner's failure to cooperate in any of the foregoing investigations shall constitute a violation of this Ordinance and subject the alarm user or owner or both to a fine in the amount not less than $100.00 nor more than $500.00. A. CONTENTS OF KEY BOXES. Such key boxes shall contain the following: 1. The keys to locked points of egress whether on the interior or exterior of such buildings. 2. The keys to locked mechanical equipment rooms. 3. The keys to locked electrical rooms. 4. The keys to elevator controls. 5. The keys to other areas as directed by officials of the Pekin Fire Department. C. PENALTY. Any person, firm, or corporation violating any provision of Section 11 of this Ordinance shall be fined not less than $75.00 nor more than $500.00 for each offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. FOREIGN FIRE INSURANCE TAX REVENUE ADMINISTRATION BOARD SECTION: 6-9-1: Foreign Fire Insurance Tax Revenue Administration Board A. Establishment. There is hereby established a foreign fire insurance tax revenue administration board, pursuant to 65 ILCS 5/11-10-2 (Illinois Municipal Code), for such times as such statute shall require the same. B. Members. 1. The foreign fire insurance tax revenue administration board shall consist of three (3) members with one (1) vote each. Three (3) members shall be elected from the commissioned members of the Pekin Fire Department. The three (3) elected members of the board shall serve three year staggered terms or until their successors are elected and installed. The initial board shall be elected at a meeting to be held on the first Wednesday of May, 1998. At the conclusion of the election, the members shall draw by lot to determine who shall receive the one (1) year term the two (2) year term and the three (3) year term. Vacancies shall be filled by election by the members of the department for the balance of any unexpired term, if more than three (3) months remain in the term of a member leaving the board. 2. The board shall develop a procedure for governing the nomination and election of department members to serve on the board. The nominating procedure shall be established a minimum of thirty (30) days prior to the expiration of the board members' terms of office. C. Interim Board. There is presently established a Pekin Fire Department 2% Foreign Fire Insurance Board, which was elected by the membership of the Fire Department, with terms to expire on the first Wednesday in May, 1998. The Interim Board shall continue to serve until said election in May of 1998 and shall perform the functions of the Foreign Fire Insurance Tax Revenue Administration Board as provided by state statutes and under this ordinance. D. Officers. The members of the board shall elect as its officers a president, treasurer and secretary. The board shall adopt rules and regulations governing the election of officers of the board. All rules and regulations with respect to the election process shall be posted throughout the department a minimum of thirty (30) days prior to the election. E. Fund; Expenditures. 1. All funds received by the City from the foreign fire insurance gross receipts tax shall be deposited, upon receipt of such funds, in a special fund within the city treasury called the "foreign fire insurance tax fund". 2. The board may adopt rules and regulations for governing the board, the execution of the duties of the board, and management of the fund. The board may amend or revoke the rules and regulations as adopted. 3. The treasurer of the board shall provide the City Treasurer a monthly accounting of receipts and expenditures authorized by the board, and such expenditures shall be paid by the Treasurer of the Fund. The board shall have the power to approve the expenditures of monies from the fund for maintenance, use and benefit of the department. No expenditures shall be made from the fund without the majority approval of the board. The board shall annually prepare an audited statement of the income and expenditures for the previous year ending December 31st, which shall be submitted to the City Treasurer. 4. The treasurer of the board shall give sufficient bond to the City of Pekin, Illinois. This bond shall be approved by the Mayor. F. Meetings; Notice; Quorum. 1. The board, in accordance with the Illinois Open Meetings Act, shall establish a regular time and place for its meetings. The chairman shall preside at the meetings. The secretary shall keep a record of all resolutions, proceedings, minutes and actions of the board, and these records shall be open to the public. Special meetings may be called by the president or by no less than two (2) members of the board. 2. Two (2) members of the board shall constitute a quorum for the transaction of its business. The affirmative vote of two (2) members of the board shall constitute approval of business before it. 3. Members on scheduled duty at the time of any meeting of the board shall be excused from said duty to attend meetings. USE OF 9-1-1 AS PRIMARY NUMBER FOR EMERGENCY SERVICES SECTION: 6-10-1: Definition: As used in this Chapter, the term “Emergency Services” includes firefighting, police, ambulance, medical, or other emergency services, including, without limitation, the transport of a patient to an emergency facility. 6-10-2. Any person requesting Emergency Services shall first call 9-1-1, before calling any other telephone number for Emergency Services. 6-10-3. In the event that an entity providing Emergency Services receives an initial telephone call for Emergency Services: A. That entity shall immediately relay the information to Tazewell/Pekin Consolidated Communication Center; and B. That entity shall inform such caller that the caller must, on future calls for Emergency Services, call 9-1-1 first in accordance with this Code. 6-10-4. All entities providing Emergency Services shall provide the Fire Chief with a monthly report of such calls received by such entity on a form prescribed by the Fire Chief. 6-10-5. If any vehicle used for Emergency Services displays an emergency telephone number on the outside of such vehicle then either A. 9-1-1 shall be the only number displayed; or B. the vehicle shall clearly indicate that 9-1-1 is the primary telephone number and should be called first for Emergency Services. 6-10-6. Penalty: Whoever violates any provision of this Section shall be subject to penalty as provided in Section 1-4-1 of this Code. (Ord. No. 2358 02/09/04)
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