Ordinance 2012-25 UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2012-25
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL
COUNTY, ILLINOIS, ADDING THE OFFENSES OF DISORDERLY CONDUCT
AND POSSESSION OF DRUG PARAPHERNALIA
TO THE YORKVILLE CITY CODE
Passed by the City Council of the
United City of Yorkville, Kendall County, Illinois
This 28`x'day of August, 2012
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville,Kendall
County, Illinois on September 10, 2012.
Ordinance No. 2012-25
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL
COUNTY, ILLINOIS, ADDING THE OFFENSES OF DISORDERLY CONDUCT
AND POSSESSION OF DRUG PARAPHERNALIA
TO THE YORKVILLE CITY CODE
WHEREAS, the United City of Yorkville (the "City") is a duly organized and
validly existing non home-rule municipality created in accordance with the Constitution
of the State of Illinois of 1970 and the laws of the State; and,
WHEREAS, the City desires to add the offenses of disorderly conduct and
possession of drug paraphernalia to the Yorkville City Code.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the United
City of Yorkville, Kendall County, Illinois, as follows:
Section 1. That Title 5, Chapter 3 of the Yorkville City Code, as amended, be
and is hereby amended by adding Section 5-3-14to read as follows:
"5-3-14 DISORDERLY CONDUCT:
A person commits disorderly conduct when he knowingly:
(1) Does any act in such unreasonable manner as to alarm or disturb another and to provoke
a breach of the peace; or
(2) Transmits or causes to be transmitted in any manner to the fire protection district a false
alarm of fire, knowing at the time of such transmission that there is no reasonable ground
for believing that such fire exists; or
(3) Transmits or causes to be transmitted in any manner to another a false alarm to the
effect that a bomb or other explosive of any nature or a container holding poison gas, a
deadly biological or chemical contaminant, or radioactive substance is concealed in such
place that its explosion or release would endanger human life, knowing at the time of such
transmission that there is no reasonable ground for believing that such bomb, explosive or a
container holding poison gas, a deadly biological or chemical contaminant, or radioactive
substance is concealed in such place; or
(4) Transmits or causes to be transmitted in any manner to any peace officer, public officer
or public employee a report to the effect that an offense will be committed, is being
committed, or has been committed, knowing at the time of such transmission that there is
no reasonable ground for believing that such an offense will be committed, is being
committed, or has been committed; or
(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; or
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Page 2
(6) While acting as a collection agency as defined in the "Collection Agency Act" or as an
employee of such collection agency, and while attempting to collect an alleged debt, makes
a telephone call to the alleged debtor which is designed to harass, annoy or intimidate the
alleged debtor; or
(7) Transmits or causes to be transmitted a false report to the Department of Children and
Family Services under Section 4 of the "Abused and Neglected Child Reporting Act"; or
(8) Transmits or causes to be transmitted a false report to the Department of Public Health
under the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act, or the
MR/DD Community Care Act; or
(9) Transmits or causes to be transmitted in any manner to the police department or fire
protection district, a false request for an ambulance, emergency medical technician-
ambulance or emergency medical technician-paramedic knowing at the time there is no
reasonable ground for believing that such assistance is required; or
(10) Transmits or causes to be transmitted a false report under Article II of"An Act in
relation to victims of violence and abuse", approved September 16, 1984, as amended; or
(11) Transmits or causes to be transmitted a false report to any public safety agency without
the reasonable grounds necessary to believe that transmitting such a report is necessary for
the safety and welfare of the public; or
(12) Calls the number "911" for the purpose of making or transmitting a false alarm or
complaint and reporting information when, at the time the call or transmission is made, the
person knows there is no reasonable ground for making the call or transmission and further
knows that the call or transmission could result in the emergency response of any public
safety agency; or
(13) Transmits or causes to be transmitted a threat of destruction of a school building or
school property, or a threat of violence, death, or bodily harm directed against persons at a
school, school function, or school event, whether or not school is in session."
Section 2. That Title 5, Chapter 3 of the Yorkville City Code, as amended, be
and is hereby amended by adding Section 5-3-15 to read as follows:
"Sec. 5-3-15 DRUG PARAPHERNALIA:
A. As used in this Act, unless the context otherwise requires:
(1) The term "cannabis" shall have the meaning ascribed to it in Section 3 of the
Cannabis Control Act (720 ILCS 550/3), as if that definition were incorporated herein.
(2) The term "controlled substance" shall have the meaning ascribed to it in Section 102
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of the Illinois Controlled Substances Act (720 ILCS 570/102), as if that definition were
incorporated herein.
(3) "Deliver" or "delivery" means the actual, constructive or attempted transfer of
possession, with or without consideration, whether or not there is an agency relationship.
(4) "Drug paraphernalia" means all equipment, products and materials of any kind, other
than methamphetamine manufacturing materials as defined in Section 10 of the
Methamphetamine Control and Community Protection Act, which are intended to be used
unlawfully 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 (720 ILCS 550/1 et seq.), the Illinois Controlled
Substances Act 720 ILCS 570/100 et seq.), or the Methamphetamine Control and
Community Protection Act (720 ILCS 646/1 et seq.). It includes, but is not limited to:
(a) kits intended to be used unlawfully in processing or preparing cannabis or a
controlled substance;
(b) diluents and adulterants intended to be used unlawfully for cutting cannabis or a
controlled substance by private persons;
(c) objects intended to be used unlawfully in ingesting, inhaling, or otherwise
introducing cannabis, cocaine, hashish, or hashish oil into the human body including,
where applicable, the following items: water pipes; carburetion tubes and devices;
smoking and carburetion masks; miniature cocaine spoons and cocaine vials; carburetor
pipes; electric pipes; air-driven pipes; chillums; bongs; ice pipes, chillers; or any item
whose purpose, as announced or described by the seller, is for use in violation of this
Section.
B. Unlawful Sale or Delivery of Drug Paraphernalia
(1) It is unlawful for any person to keep for sale, offer for sale, sell, or deliver for any
commercial consideration any item of drug paraphernalia. The minimum fine for a
violation of this subsection shall be $500.00.
(2) Any store, place, or premises from which or in which any item of drug paraphernalia
is kept for sale, offered for sale, sold, or delivered for any commercial consideration is
declared to be a public nuisance. The City Attorney may commence an action in the
circuit court, in the name of the United City of Yorkville, to abate the public nuisance as
described in this subsection.
C. Unlawful Possession of Drug Paraphernalia
(1) It shall be unlawful for a person who knowingly possesses an item of drug
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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. The minimum fine for a violation of this subsection
shall be $500.00. This subsection does not apply to a person who is legally authorized to
possess hypodermic syringes or needles under the Hypodermic Syringes and Needles
Act.
(2) In determining intent under this subsection, the trier of fact may take into
consideration the proximity of the cannabis or controlled substances to drug
paraphernalia or the presence of cannabis or a controlled substance on the drug
paraphernalia.
D. Exemptions
This Act does not apply to:
(1) Items used in the preparation, compounding, packaging, labeling, or other use of
cannabis or a controlled substance as an incident to lawful research, teaching, or chemical
analysis and not for sale.
(2) Items historically and customarily used in connection with the planting, propagating,
cultivating, growing, harvesting, manufacturing, compounding, converting, producing,
processing, preparing, testing, analyzing, packaging, repackaging, storing, containing,
concealing, injecting, ingesting, or inhaling of tobacco or any other lawful substance.
Items exempt under this subsection include, but are not limited to, garden hoes, rakes,
sickles, baggies, tobacco pipes, and cigarette-rolling papers.
(3) Items listed in the definitions of this Section which are used for decorative purposes,
when such items have been rendered completely inoperable or incapable of being used
for any illicit purpose prohibited by this Section.
(4) A person who is legally authorized to possess hypodermic syringes or needles under
the Hypodermic Syringes and Needles Act."
Section 3. That Section 5-3-1 of the Yorkville City Code, as amended, be and is
hereby amended by adding Subsection C. to read as follows:
"C. Citation to the ordinance violation of the section of the Illinois Criminal Code
adopted in Subsection A above, shall be by citation to Chapter "5-3" with the section
number being the same as the section number for that offense in the Illinois Criminal
Code."
Section 4. That Section 5-3-7 entitled "False Fire Alarms" of the Yorkville City
code be and is hereby repealed.
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Section 5. This Ordinance shall be in full force and effect upon its passage,
approval, and publication as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this day of j r. ri 7 , A.D. 2012.
CITY CLERK
ROSE ANN SPEARS DIANE TEELING
JACKIE MILSCHEWSKI CARLO COLOSIMO
MARTY MUNNS y— CHRIS FUNKHOUSER
LARRY KOT y—
1,e,,
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this 41 day of SEPTEM 66P- 2012.
-, ' N /- i
OR
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