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Chapter 17 - Misdemeanors
Division 1 - General Provisions

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SEC. 17.1-1 GAMBLING. It shall be unlawful to commit "gambling" within the corporate limits of the Town of Normal, Illinois. Gambling as used herein is defined in the same manner the term is used and defined in the Illinois Criminal Code of 1961, as amended. (Amended 8/19/74)

SEC. 17.1-2 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 in any manner to the fire department of any city, town, village or 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 in any manner to another a false alarm in 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 for such transmission that there is no reasonable ground for believing that such bomb or explosive is concealed in such place; or
     
  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; 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; (Amended 10/1/79) or
     
  6. Urinates or defecates on any public street, alley, sidewalk or floor of any public building or of any building where the public gathers or has access, or in any other place, whether public or private, where such act could be observed by any member of the public, except in such place that has been designated as a restroom; (Added 3/21/83)(Amended 5/5/03 by Ord. No. 4866) or
     
  7. Starts a fight or engages in a fight in the Town of Normal. A fight means any physical altercation between two or more individuals. Self-defense as allowed pursuant to Illinois law shall be an affirmative defense to the charge. (Added 4/19/93)(Amended 9/6/94 by Ord. No. 4253)
     
  8. Burns a cross with the intent to intimidate another person in the Town of Normal. “Intimidate” means threaten death or bodily harm or place a person in reasonable apprehension of death or bodily harm. A violation of this SEC. 17.1-2(H) shall be punishable by a fine of not less than $1,000 nor more than $2,500 for each occurrence. (Added 6/16/03 by Ord. No. 4876)

SEC. 17.1-3 ALCOHOLIC LIQUOR.

  1. It shall be unlawful for any person to consume or have in his or her possession in other than the original package with the seal unbroken, any alcoholic liquor on any public right-of-way, street, or sidewalk, or in any public place other than a liquor establishment appropriately licensed under the provisions of Chapter 4 of the Municipal Code of the Town of Normal, Illinois, 1969, as amended and in such cases, only during the hours during which the sale of alcoholic liquor is permitted. No person shall possess alcoholic liquor, whether open or sealed, in any public park. (Amended 8/1/88)
     
  2. It shall be unlawful for any person under the age of 21 years to purchase, or accept a gift of alcoholic liquor or have alcoholic liquor in his or her possession.
     
  3. It shall be unlawful for any person under the age of 21 years to consume alcoholic liquor.
     
  4. It shall be unlawful for any person under the age of 21 years to represent that he or she is 21 years of age or over for the purpose of buying, accepting or receiving alcoholic liquor.
     
  5. It shall be unlawful for any person under the age of 21 years to present or offer to any licensee, agent or employee any written, printed, or photostatic evidence of age and identity which is false, fraudulent, or not actually his or her own for the purpose of ordering, purchasing, attempting to purchase, or otherwise procuring or attempting to procure an alcoholic beverage. (Amended 2/20/84)
     
  6. It shall be unlawful for any person under the age of 21 years to have in his or her possession, any false or fraudulent written, printed, or photostatic evidence of age and identity.
     
  7. No person, after purchasing or otherwise obtaining alcoholic liquor, shall give or deliver such alcoholic liquor to another person under the age of 21 years, except in the performance of a religious ceremony or service.
     
  8. It shall be unlawful for any clerk or employee of a licensed liquor establishment to give, deliver, or sell alcoholic liquor to another person under the age of 21 years. (Added 2/5/96 by Ord. No. 4369)
     
  9. No person shall sell any alcoholic liquor to any other person unless the seller has a license to sell liquor in the Town of Normal. A violation of this Sec. 17.1-3(I) is punishable by a fine of not less than $350.00 nor more than $1,000.00. (Added 2/5/96 by Ord. No. 4369)

The possession and dispensing, or consumption by a minor of alcoholic liquor in the performance of a religious service or ceremony or the consumption by a minor under the direct supervision and approval of the parents or parent of such minor in the privacy of a home, is not prohibited by this ordinance. (SEC. 17.1-3 Amended 2/6/84)

SEC. 17.1-4 HARMFUL MATERIALS TO MINORS.

  1. Definitions - For purposes of this Section:
     
    1. Adult: An adult is a person eighteen (18) years of age or older.
       
    2. Harmful Material: The term "Harmful Material" means material which the average person applying contemporary standards find its predominant appeal, taken as a whole, is to prurient interest that is a shameful or morbid interest in nudity, sex, or excretion which goes substantially beyond customary limits of candor in description or representation of such matters, and is material the redeeming social importance of which is substantially less than its prurient appeal. The predominant appeal to prurient interest of the material shall be judged with reference to average minors of the same general age of the minor to whom such material was sold, rented or exhibited, unless it appears from the nature of the matter or the circumstances of its sale, rental, or exhibition that it is designed for specially susceptible groups, in which case, the predominant appeal of the material shall be judged with reference to its intended or probable recipient group. Where circumstances of sale, rental, or exhibition indicate the material is being commercially exploited for the sake of its prurient appeal, such evidence is probative with respect to the nature of the material and can justify the conclusion that the redeeming social importance of the material is in fact substantially less than its prurient appeal. The following material is presumed to contain harmful material but the presumption may be rebutted:
       
      1. Material rated X by the Motion Picture Association of America; or
         
      2. Material with any of the following designations: (1) X-rated or X material; (2) XXX rated, or XXX material; (3) Adults only rated or adults only material; (4) Not for sale to or not for viewing by minors; (5) Any combination of the above designations;
         
    3. Knowingly: Knowingly means having knowledge of the contents of the subject matter or the age of the recipient of harmful material or recklessly failing to exercise reasonable inspection which would have disclosed the contents of the material, or failing to exercise reasonable care in ascertaining the true age of the recipient of the material.
       
    4. Material: The term material means any writing, picture, record or other representation or embodiment.
       
    5. Minor: A minor is a person under eighteen (18) years of age.
       
    6. Peruse: The term peruse means to read, examine or view.
       
    7. Promotional Material: The term “promotional material” means any and all boxes, containers, brochures, leaflets, posters, wrappers, packaging or other material visually depicting harmful material.
       
    8. Visual depiction: The term visual depiction means a representation consisting of pictures, photographs, drawings, slides, video, film or other visual medium.
      (SEC. 17.1-4(A) Amended 2/5/96 by Ord. No. 4369)
       
  2. No person having custody, control, supervision of, or employed in any commercial establishment open to minors shall knowingly sell, rent, or exhibit harmful material to a minor.
     
  3. A rebuttal presumption shall be made that harmful material has not been exhibited to a minor if:
     
    1. A separate adult display area is maintained for such material which area: (a) is enclosed in such a manner that material in the area is not visible from outside the area; and (b) a sign is posted at the point of ingress prohibiting entry by minors, and further provided the material is not removed from the area without an opaque cover or other system which prevents exhibition of the material to a minor; or
       
    2. The material is blocked from view by an opaque cover or other system which prevents exhibition to a minor; or
       
    3. The material is kept out of public view and available only upon request by an adult.
       
  4. Nothing contained herein shall prohibit any minor employee of a commercial establishment from handling a commercial transaction involving harmful material provided no visual depiction of harmful material is visible to the minor and provided the minor employee is not allowed to peruse harmful material. (Amended 2/5/96 by Ord. No. 4369)
     
  5. Minor Falsifying Age. No minor shall falsify his or her age for the purpose of procuring harmful materials. Any person under eighteen (18) years of age who falsely states, either orally or in writing, that he is not under the age of eighteen (18) years, or who presents or offers to any person any evidence of age and identity which is false or not actually his own for the purpose of ordering, obtaining, viewing, or otherwise procuring or attempting to procure or view any harmful material, shall be guilty of an offense under this Section.
     
  6. No minor may rent from any person, purchase, or peruse harmful material. No minor shall enter or be permitted by any person in a separate adult display area.
     
  7. Penalty. Violation of any of the provisions of this SEC. 17.1-4 shall be punishable by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00). A separate and distinct offense is deemed committed each day such violation continues.

(Entire SEC. 17.1-4 Amended l0/16/89)

SEC. 17.1-5 POSSESSION OF CANNABIS PROHIBITED.

  1. It shall be unlawful for any person to possess 2.5 grams or less of any substance containing cannabis.
     
  2. “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, salt, derivative, mixture, 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 or by a combination of extraction and chemical synthesis; but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seed 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.
     
  3. Any person found guilty of violating this Section shall be fined not less than Three Hundred Fifty Dollars ($350.00) for each offense.

(SEC. 17.1-5 Added 11/3/03 by Ord. No. 4905)

SEC. 17.1-6 HUNTING. It shall be unlawful for any person to hunt or to engage in killing any animal in the Town. (Amended 2/5/96 by Ord. No. 4369)

SEC. 17.1-7 COMBUSTIBLE REFUSE. It shall be unlawful to store or permit to be stored any combustible refuse in such a way as to create a fire hazard, or to store or throw any refuse of any kind on any street, alley or other public place. It shall be unlawful for any person or persons to set to fire, to burn, or cause to be burned, any rubbish, leaves, grass, weeds or other matter within the corporate limits of the Town of Normal between sunset and sunrise, except by permit pursuant to SEC. 6.4-17 of this Code. (Amended 2/5/96 by Ord. No. 4369)

SEC. 17.1-8 MISSILES. It shall be unlawful to cast, throw or propel any missiles on any street, alley or public place; and it shall be unlawful to throw or deposit any glass, nails, cans, excessive amounts of dirt, tacks or other similar articles on any street, sidewalk or alley in the Town.

SEC. 17.1-9 ADVERTISING. (Deleted 2/5/96 by Ord. No. 4369)

SEC. 17.1-10 UNLAWFUL ASSEMBLAGES. (Deleted 2/5/96 by Ord. No. 4369)

SEC. 17.1-11 DISCHARGE OF FIREARMS. It shall be unlawful to discharge any firearms or air guns in the Town; provided that this section shall not be construed to prohibit any officer of the law to discharge a firearm when lawfully performing his duty.

SEC. 17.1-12 PUBLIC NUDITY. It is unlawful for any person over the age of eight (8) years to appear in any public place or in any place exposed to public view in a state of nudity. A state of nudity means exposing to public view male or female genitals, pubic hair, perinaeum, anal region or pubic hair region or any portion of the female breast at or below the areola thereof. (Amended 8/5/91)

SEC. 17.1-13 POSTING BILLS. It shall be unlawful to post any bill or advertisement on any property without the written consent of the owner thereof. No person shall post, paint, print or nail any bill, sign, poster, advertisement or notice or advertising matter of any kind on any curbstone, public waiting room or building, or on any sidewalk, tree, lamp post, telegraph, telephone or electrical pole or upon any private wall, door, gate, fence or building without the consent of the owner. Each day such sign shall remain after notice to remove same has been given shall constitute a separate offense.

SEC. 17.1-14 MEDICAL ADVERTISEMENT. (Deleted 2/5/96 by Ord. No. 4369)

SEC. 17.1-15 CLIMBING TELEPHONE POLES. No person shall climb upon any telegraph pole, telephone pole, electric light pole, sign pole or water storage tower unless in the performance of his duties.

SEC. 17.1-16 OBSTRUCTING STAIRWAYS OR EXITS. It shall be unlawful to obstruct or permit the obstruction of any stairway, aisle, 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 or more tenants or families, in such a manner as to interfere with the free use of such stairway, aisle, corridor or exit.

SEC. 17.1-17 MENDICANTS OR VAGRANTS. (Deleted 2/5/96 by Ord. No. 4369)

SEC. 17.1-18 ABANDONED REFRIGERATORS. It shall be unlawful to permit any unused or abandoned refrigerator, ice box, deep freeze or other freezer to remain in any place which is accessible to any child, without first removing the doors to such ice box, refrigerator or freezer.

SEC. 17.1-19 ASSAULT. It shall be unlawful for any person or persons to commit an assault on any other person. A person commits an assault when, without lawful authority, he engages in conduct which places another in reasonable apprehension of receiving a battery.

SEC. 17.1-20 BATTERY. It shall be unlawful for any person or persons to commit a battery upon any other person or persons. 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 with an insulting or provoking nature with an individual.

SEC. 17.1-21 HOUSE OF ILL FAME. (Deleted 2/5/96 by Ord. No. 4369)

SEC. 17.1-22 CRIMINAL DAMAGE TO PROPERTY. It shall be unlawful for any person, firm or corporation to do any of the following acts: (a) knowingly damage any property of another without his consent; or (b) recklessly, by means of fire or explosive, damage property of another; or (c) knowingly start a fire on the land of another without his consent; or (d) knowingly injure a domestic animal of another without his consent; or (e) knowingly deposit on the land or in the building of another, without his consent, any stink bomb or any offensive compound, and thereby intend to interfere with the use by another of the land or building.

SEC. 17.1-23 CRIMINAL TRESPASS TO LAND.

  1. It shall be unlawful for any person to enter upon the land, or any part thereof, of another after receiving, immediately prior to such entry, notice from the owner or occupant that such entry is forbidden, or remains upon the land of another after receiving notice from the owner, occupant, to depart.

    A person has received notice from the owner or occupant, within the meaning of the foregoing paragraph, if he has been notified personally, either orally or in writing, or if a printed or written notice forbidding such entry has been conspicuously posted or exhibited at the main entrance to such land, or the forbidden part thereof.
     
  2. It shall be unlawful for any person to enter the dwelling of another, including an apartment, without the consent of a lawful occupant of the dwelling. This Section does not apply to emergency personnel or Town of Normal Inspectors. (Amended 2/5/96 by Ord. No. 4369)

SEC. 17.1-24 RESISTING OR DELAYING AN OFFICER. It shall be unlawful for any person to illfully resist, hinder or delay an officer of the Town of Normal, or any other public officer, in the discharge of his official act or duty, or who shall neglect or refuse to obey any lawful order or direction of any such officer.

SEC. 17.1-25 ASSISTING A PRISONER TO ESCAPE. It shall be unlawful for any person to aid or assist in the escape of any person from the custody of a Town officer, or from any place of imprisonment, or to supply any such persons so being in custody or imprisoned with any weapons or with any intoxicating liquor. (Amended 2/5/96 by Ord. No. 4369)

SEC. 17.1-26 REFUSING TO ASSIST AN OFFICER. (Deleted 2/5/96 by Ord. No. 4369)

SEC. 17.1-27 ATTEMPTS. It shall be unlawful for any person to attempt to commit any offense prohibited by any Ordinance of the Town of Normal or do any act toward it when such person fails or is intercepted or prevented from execution of such act attempted where no express provision is made by Ordinance for the punishment of such attempt otherwise.

SEC. 17.1-28 ACCESSORIES. It shall be unlawful for anyone to aid, advise, abet, assist or encourage the commission of any act prohibited by any ordinance of the Town of Normal, or by any means cause such act to be committed, whether present at the committing of such act or not. Upon conviction such person shall be deemed guilty to the same extent and punished to the same extent as a principal.

SEC. 17.1-29 LOAFING OR LOITERING. (Deleted 2/5/96 by Ord. No. 4369)

SEC. 17.1-30 PENALTY. Any person violating any section of this Chapter, upon conviction, shall be fined not less than $25.00 nor more than $500.00 for each offense. (Amended 2/5/73)(Amended 5/19/75)(Amended 10/1/79)

SEC. 17.1-31 FEES. The Town of Normal shall be entitled to the following fees: (Amended 6/3/91)

  1. For each defendant held to answer in any division of Circuit Court on a charge of an ordinance violation, $10.00.
     
  2. For each summons for an ordinance violation served by the Town of Normal, its officers, agents or employees, a summons fee in the amount of $16.00. (Amended 6/3/91)
     
  3. The foregoing fees shall be taxed as costs to be collected from the defendant, if possible, on conviction. (Amended 2/5/73)

SEC. 17.1-32 OUTDOOR STORAGE OF UNLICENSED NON-OPERATING VEHICLES ON PRIVATE PROPERTY. It shall be a unlawful for any person owning, leasing, occupying, or having charge of any premises within the Town to allow an inoperable or unlicensed motor vehicle to remain on the premises, unless such vehicle is in an enclosed building, or unless said premises has as its principal use the maintenance, repair, sale, storage or manufacture of vehicles. (Added 11/17/80)

An inoperable vehicle is any vehicle which is incapable of being operated on a public highway or which has not operated on the highway for a period of eight (8) weeks whether the vehicle is operable or not.

An unlicensed vehicle is any vehicle which does not display a valid license plate or valid license applied for sticker.
(Entire SEC. 17.1-32 Amended 8/2/93 by Ord. No. 4153)

SEC. 17.1-33 LITTER.

  1. Definitions. The following words and phrases when used in this Section shall mean:
     
    1. Litter means any discarded, used or consumed substance or waste. “Litter” may include, but is not limited to, any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspaper, magazines, glass, metal, plastic or paper containers of other packaging construction material, motor vehicle parts, furniture, oil, carcass of a dead animal, any nauseous or offensive matter of any kind, any object likely to injure any person or create a traffic hazard, or anything else of an unsightly or unsanitary nature, which has been discarded, abandoned or otherwise disposed of improperly;
       
    2. Motor vehicle has the meaning ascribed to that term in Section 1-146 of the Illinois Vehicle Code; and
       
    3. Person means any individual, partnership, co-partnership, firm company, corporation, association, joint stock company, trust, estate, or any other legal entity, or their legal representative, agent or assigns.
       
  2. Dumping, Deposit, etc. of Litter Prohibited – Exemptions. No person shall dump, deposit, throw, discard, leave, cause or permit the dumping, depositing, dropping, throwing, discarding or leaving of litter upon any public or private property, within the Corporate Limits of the Town, or upon or into any river, lake, pond, or other stream or other body of water within the Corporate Limits of the Town, unless:
     
    1. The property has been designated by the Town for the disposal of litter, and the litter is disposed of on that property in accordance with the applicable rules and regulations of the Pollution Control Board;
       
    2. The litter is placed into a receptacle or other container by the owner or tenant in lawful possession of that property for the deposit of litter;
       
    3. The person is the owner or tenant in lawful possession of the property or has first obtained the consent of the owner or tenant in lawful possession, or the act is done under the personal direction of the owner or tenant and in addition, under the ordinances of the Town of Normal, does not create a public health or safety hazard, a public nuisance, or a fire hazard;
       
    4. The person is acting, under the direction of proper public officials during special clean-up days; or
       
    5. The person is lawfully acting in or reacting to an emergency situation where health and safety is threatened, and removes and properly disposes of such litter when the emergency situation no longer exists.
       
  3. Dumping, Deposit, etc. from Motor Vehicle Prohibited—Deposit of Garbage or Refuse in Receptacles Along Public Streets. No person shall dump, deposit, drop, throw, discard or otherwise dispose of litter from any motor vehicle upon any public street, upon any public or private property or upon or into any river, lake, pond, stream or body of water within the Corporate Limits of the Town except as permitted in subsection B of this Section. Nor shall any person transport by any means, garbage or refuse from any dwelling, residence, place of business or other site to and deposit such material in, around or on top of trash barrels or other receptacles placed along public streets or at any Town park or other Town property.
     
  4. Presumption of Violation by Operator—Throwing, Deposit, etc. of Litter from Motor Vehicle. Whenever litter is thrown, deposited, dropped or dumped from any motor vehicle not carrying passengers for hire, the presumption is created that the operator of that motor vehicle has violated subsection C, but that presumption may be rebutted.
     
  5. Accumulation of Litter Prohibited. No person shall allow litter to accumulate upon real property, of which the person charged is the owner or tenant in control, in such a manner as to constitute a public nuisance or in such a manner that the litter may be blown or otherwise carried by the natural elements on to the real property of another person.
     
  6. Violations—Penalty. Persons who violate subsections B, C or E are subject to the penalties set out in this subsection.
     
    1. Any person convicted of a violation of subsections B, C or E is guilty of a petty offense and shall be fined for the first conviction not less than $10.00 nor more than $50.00; for the second conviction, not less than $25.00 nor more than $100.00; and for a third or subsequent conviction, not less than $50.00 nor more than $500.00.
       
    2. In addition to any fine imposed under this subsection, the court may order that the person convicted of such a violation remove and properly dispose of the litter, may employ special bailiffs to supervise such removal and disposal, and may tax the costs of such supervision as costs against the person so convicted.
       
    3. The penalties prescribed in this subsection are in addition to, and not in lieu of, any penalties, rights, remedies, duties or liabilities otherwise imposed or conferred by law.
       
  7. Effect of Invalid Provision or Application—Severability. If any provision of this Section or the application of such provision to any person or circumstances is held invalid, such validity shall not affect other provisions or applications of the Section which can be given effect without the invalid provision or application, and to this end the provisions of this Section are declared to be severable.

(Entire SEC. 17.1-33 Added by Ordinance No. 3217 – June 6, 1983).

SEC. 17.1-34 USE OF PARKS.

  1. It shall be unlawful for any person or group of persons to assemble or be present upon the grounds of any public park of the Town of Normal between the hours of 11:00 p.m. and 6:00 a.m. on any day in any year; said time to be governed by the applicable time in question, whether it be Central Standard Time or Daylight Saving Time.
     
  2. Use of Golf Course. It shall be unlawful for any person to golf, or cause golf balls to land on the grounds of any golf course or driving range owned by the Town of Normal unless such person has paid any appropriate fees or otherwise obtain permission to be on the golf course of driving range.
     
  3. It shall be unlawful for any person to hit any golf balls or to cause any golf balls to be hit onto any Town parks or golf courses except golf courses or driving ranges where such activities are permitted when the appropriate fee has been paid therefore.
     
  4. Any person or persons found to be violating this provision shall be punished by a fine of not less than $25.00 nor more than $100.00. Each day that any such violation continues shall be considered as a separate and distinct offense and shall be punishable as such. (SEC. 17.1-34 RE-CODIFIED BY ORDINANCE NO. 3326, 7/16/84)(Amended 2/5/96 by Ord. No. 4369)(Entire SEC. 17.1-34 Amended 7/6/98 by Ord. No. 4536)

SEC. 17.1-35 TOBACCO.

  1. Sale of Tobacco to Minors. It shall be unlawful for any person, firm, or corporation to sell, buy for, furnish, exchange, or give away any cigarettes, cigars, or tobacco in any form to children under the age of 18 years.
     
  2. Possession of Tobacco by Minors. No minor under 18 years of age shall have in his or her possession any cigar or cigarette or tobacco in any of its forms. It shall not be a violation of this section for any person under eighteen (18) years of age to possess tobacco while in the presence of his or her parents or guardian, or in the performance of a religious ceremony, or while participating in a theatrical performance, or, the incidental and temporary possession of tobacco in the performance of retail clerk duties for businesses registered with the Town of Normal. (Amended 6/3/96 by Ord. No. 4391)
     
  3. Regulation of Smoking and Tobacco Chewing in Town Buildings. No person shall smoke or chew tobacco in Town buildings. (Amended 4/4/94 by Ord. No. 4224)
     
  4. Definitions. As used in this Section, the following words have the following meanings:
     
    1. Smoke: To light, emit, or exhale, the smoke of, a pipe, cigar, cigarette or any other tobacco product.
       
    2. Town Building: Any structure built for the support, shelter, or enclosure of persons, animals, chattel, or property of any kind and which is permanently affixed to the ground and which is owned by the Town of Normal.
       
  5. Penalty. Any person who violates this Section is guilty of a petty offense and for the first offense shall be fined not to exceed $50.00, and for a second or any subsequent offense shall be guilty of a petty offense and fined not to exceed $100.00.
    (Entire Section Amended 12/19/88, Eff. 1/1/89)(Entire Section Amended 4/4/94 by Ord. No. 4223)

SEC. 17.1-36 CURFEW – PENALTY FOR VIOLATIONS.

  1. It is unlawful for a person less than 17 years of age to be present at or upon any public assembly, building, place, street or highway at the following times:
     
    1. Between 12:01 a.m. and 6:00 a.m. Saturday;
       
    2. Between 12:01 a.m. and 6:00 a.m. Sunday;
       
    3. Between 11:00 p.m. on Sunday to Thursday, inclusive, and 6:00 a.m. on the following day.
       
  2. It is a defense to a violation under this chapter that the child engaged in the prohibited conduct while:
     
    1. engaged in a business or occupation which the laws of Illinois authorize a person less than 17 years of age to perform.
       
    2. accompanied by the child’s parent, legal guardian, custodian, sibling, stepbrother or stepsister at least 18 years of age;
       
    3. accompanied by an adult at least 18 years of age approved by the child’s parent, guardian, or custodian.
       
    4. participating in, going to, or returning from:
       
      1. employment which the laws of this state authorize a person less than 17 years of age to perform;
         
      2. a school recreational activity;
         
      3. a religious event;
         
      4. an emergency involving the protection of a person or property from an imminent threat of serious bodily injury or substantial damage;
         
      5. an activity involving the exercise of the child’s rights protected under the First Amendment to the United States Constitution or Article 1, Sections 3, 4 and 5 of the Constitution of the State of Illinois, or both;
         
      6. an activity conducted by a non-profit or governmental entity that provides recreation, education, training, or other care under the supervision of one (1) or more adult.

    A citation for violation of subsection (A) of this section may be issued by a police officer only if he reasonably believes that a violation has occurred and none of the defenses enumerated in subsection (B) apply.
     

  3. It is unlawful for a parent, legal guardian or other person to knowingly permit a person in his custody or control to violate subparagraph A of this Section.
     
  4. A person convicted of a violation of any provision of this Section shall be fined not less than $10.00 nor more than $100.00.

(SEC. 17.1-36 Added by Ordinance No. 3403, 5/6/85)(Amended by Ord. No. 4930, 2/16/04)

SEC. 17.1-37 FAILURE TO COMPLY WITH SUBPOENAS.

  1. It shall be unlawful for any person, partnership, unincorporated association, or corporation to fail to comply with a subpoena or subpoena duces tecum issued by any Board or Commission of the Town of Normal pursuant to any investigatory or adjudicative function of that Board or Commission.
     
  2. Penalty. Any person, partnership, incorporated association or corporation which violates this Section shall be fined $200.00. Every day that such person, partnership, incorporated association, or corporation continues to fail to comply with the terms of the subpoena or subpoena duces tecum shall be considered a separate offense. (Added 4/6/87)

SEC. 17.1-38 PERMITTED HOURS FOR USE OF CONSTITUTION TRAIL. It shall be unlawful for any person or group of persons to assemble or be present upon the grounds of the Constitution Trail in the Town of Normal earlier than one hour before sunrise or later than one hour after sunset. (Added by Ord. No. 3800, 9/19/88)

SEC. 17.1-39 HORSES PROHIBITED ON CONSTITUTION TRAIL. It is unlawful for any person to permit the presence of horses and/or ponies on Constitution Trail. (Added by Ord. No. 3800, 9/19/88)

SEC. 17.1-40 OBSCURING CHALK MARKS USED FOR PARKING ENFORCE-MENT. It shall be unlawful for any person to obscure or obliterate chalk marks drawn on motor vehicle tires for parking enforcement purposes. This prohibition shall not apply when the method of obscuring or obliterating chalk marks in by driving the motor vehicle. (Added by Ord. No. 3806, 11/7/88)

SEC. 17.1-41 TRUANCY PROHIBITED.

  1. It shall be unlawful for any person under the age of 18 years enrolled in a public, private, or parochial school within the corporate limits of the Town of Normal, Illinois, to absent himself or herself from attendance at school for any day or portion thereof, during such period when school is in session, without parental permission or valid excuse. (Amended by Ord. 4063, 6/15/92)
     
  2. A valid cause for absence from school shall include illness, death in the immediate family, other family emergency, or other causes beyond the control of the person so absenting himself or herself from school, provided that parental permission for absence due to such cause is obtained, in writing, from the parent and is submitted to the proper school authorities within twenty-four (24) hours after such absence, not counting weekends.
     
  3. Parental permission, as required by this Section, shall refer to and include permission obtained from a parent, legal guardian, other adult person standing in loco parentis and having custody and control over such person under the age of 18 years.
     
  4. Each day that such person under 18 years of age absents himself or herself from school attendance shall constitute a separate offense, and shall be punishable as such.
     
  5. Persons violating this Section shall be fined not less than $5.00 nor more than $100.00 for each offense.

(Entire SEC. 17.1-41 Added by Ord. No. 3918, July 2, 1990)

SEC. 17.1-42 – FIREWORKS.

  1. It shall be unlawful for any person, firm, partnership, or corporation to knowingly possess, offer for sale, expose for sale, sell at retail, or use or explode any fireworks in the Town of Normal, other than in accordance with a public display permit issued by the Town of Normal. The term fireworks as used herein shall mean and include any explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or audible effect of a temporary exhibitional nature by explosion, combustion, deflagration or detonation, and shall include blank cartridges, toy cannons, in which explosives are used, the type of balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, bombs, or other fireworks of like construction and any fireworks containing any explosive compound, or any tablets or other device containing any explosive substance, or containing combustible substances producing visual effects: provided, however, that the term “fireworks” shall not include snake or glow worm pellets; smoke devices; trick noisemakers known as “party poppers”, “bobby traps”, “snappers”, “trick matches”, “cigarette loads” and “auto burglar alarms”; sparklers; toy pistols, toy canes, toy guns, or other devices in which paper or plastic caps containing twenty-five hundredths grains or less of explosive compound are used, providing 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 hundredths grains of explosive mixture.
     
  2. It shall be unlawful for any person, firm, partnership or corporation to offer for sale, expose for sale or sell any snake or glow worm pellets, smoke devices; trick noisemakers known as “party poppers”, “booby traps”, “snappers”, “trick matches”, “cigarette loads”, “auto burglar alarms”, sparklers; toy pistols, toy canes, toy guns, or other devices in which paper or plastic caps containing twenty-five hundredths grains or less of explosive compound in any place other than a building approved by the Town of Normal Fire Department for the sale of fireworks as meeting all Town of Normal and State of Illinois codes for structures containing fireworks.
     
  3. Any person, firm, partnership, or corporation violating any portion of this Section shall, upon conviction, be fined not less than twenty-five dollars ($25.00) nor more than five hundred ($500.00) for each offense.

(Entire SEC. 17.1-42 Added by Ord. No. 3963 April 1, 1991)(Entire SEC. 27.1-42 Amended by Ord. No. 4514 on May 4, 1998)

SEC. 17.1-43 – FURNISHING FALSE INFORMATION – It shall be unlawful for any person to knowingly provide a police officer of the Town of Normal a false name, false date of birth, or any other false information.

Any person who violates this Section shall be punished by a fine of no less than twenty-five dollars ($25.00) and no more than five hundred dollars ($500.00).
(Entire SEC. 17.1-43 Added by Ord. No. 3971 April 15, 1991)

SEC. 17.1-44 – GRAFFITI PROHIBITED – It shall be unlawful for any person to place graffiti as hereafter defined upon any publicly or privately owned wall or other exposed surface within the Town of Normal. Graffiti shall mean any drawing, inscription, writing, figure, or mark made upon a wall or other exposed surface including but not limited to any house, garage, rock, bridge, fence, gate, tree, monument, motor vehicle, sidewalk, street, lamppost, street sign, underpass, or retaining wall, whether publicly or privately owned with paint, chalk, dye, ink, pencil, wax, or other substance or by etching, scratching, cutting, burning, or carving without the express consent of the owner of said wall or other exposed surface.

Any person who is convicted of violating this Section shall be punished by a fine of no less than twenty-five dollars ($25.00) and no more than five hundred dollars ($500.00). Each wall or exposed surface marked by graffiti shall constitute a separate offense. (Entire SEC. 17.1-44 Added by Ord. No. 4074 August 3, 1992)

SEC. 17.1-45 – PERSON – Whenever the term “person” appears in this Chapter, it shall mean any individual, partnership, co-partnership, firm, company, unincorporated association, public or private corporation, joint-stock company, trust, estate, or other legal entity. (Added 6/3/96 by Ord. No. 4392)

SEC. 17.1-46 – VICARIOUS LIABILITY – Every act or omission, constituting a violation of any of the provisions of this Chapter by any officer, director, manager or other agent or employee of any person shall be deemed and held to be the act of such principal or employer, and said principal or employer shall be punishable in the same manner as if said act or omission had been done or omitted by him personally, provided said act or omission was within the scope of employment or the scope of authority of such officer, director, manager, or other agent or employee. (Added 6/3/96 by Ord. No. 4392)