10-2-1: - CONDUCT, MORALS AND DECENCY, OFFENSES CONCERNING:

10-2-1-1: - DISORDERLY CONDUCT:

A person commits disorderly conduct when he knowingly:

1.

Does any act in such unreasonable manner as to provoke, make or aid in making a breach of peace; or

2.

Does or makes any unreasonable or offensive act, utterance, gesture or display which, under the circumstances, creates a clear and present danger of a breach of peace or imminent threat of violence; or

3.

Refuses or fails to cease and desist any peaceful conduct or activity likely to produce a breach of peace where there is an imminent threat of violence, and where the police have made all reasonable efforts to protect the otherwise peaceful conduct and activity, and have requested that said conduct and activity be stopped and explained the request if there be time; or

4.

Fails to obey a lawful order of dispersal by a person known by him to be a police officer under circumstances where three (3) or more persons are committing acts of disorderly conduct in the immediate vicinity, which acts are likely to cause substantial harm or serious inconvenience, annoyance or alarm; or

(Ord. 73-93, 11-26-1973)

5.

Assembles with two (2) or more persons for the purpose of using force or violence to disturb the public peace; or

(Ord. 73-93, 11-26-1973; 1984 Code)

6.

Goes about begging or soliciting funds on the public ways, except as provided for by ordinance or upon lawful authority of the City; or

(Ord. 73-93, 11-26-1973)

7.

Carries in a threatening or menacing manner, without authority of law, any firearm, rifle, shotgun, machine gun, pistol, revolver, dagger, razor, dangerous knife, stiletto, knuckles, slingshot, billy, stun gun or taser, crossbow, common or compound bows, underwater speargun, black-jack, sand-club, sand-bag, throwing star, nunchakus, broken bottle or other piece of glass, air gun, air pistol, spring gun, spring pistol, BB gun, paint ball gun, pellet gun or any implement that is not a firearm which impels a breakable paint ball containing washable marking colors, or a pellet constructed of hard plastic, steel, lead or other hard materials with a force that reasonably is expected to cause bodily harm, look-alike weapon which by its appearance, including shape, color, size, markings or lack thereof, or any other identifying physical characteristics, would lead a reasonable person to believe that the object is a weapon which could cause bodily harm, an object containing noxious or deleterious liquid, gas or substance or other dangerous weapon; or

(Ord. 95-71, 4-5-1995)

8.

While on public or private grounds adjacent to any building in which a school or any class thereof is in session, willfully makes or assists in the making of any noise or diversion which disturbs or tends to disturb the peace or good order of such school session or class thereof.

The use of loudspeakers, amplifiers or organized chanting or shouting within three hundred (300) feet of any school or class thereof is presumed to disturb the peace or good order of such school session or class thereof.

(Ord. 97-92, 7-1-1997)

9.

Pickets or demonstrates on a public way within one hundred fifty (150) feet of any church, temple, synagogue or other place of worship while services are being conducted and one-half-hour before services are to be conducted and one-half-hour after services have been concluded; provided, that this Subsection does not prohibit the peaceful picketing of any church, temple, synagogue or other place of worship involved in a labor dispute.

(Ord. 73-93, 11-26-1973)

10-2-1-2: - CAMPING, SLEEPING, OR STORING PERSONAL PROPERTY ON PUBLIC WAYS IN THE DOWNTOWN.

1.

Definitions:

2.

Prohibited:

2.1.

No person shall camp or sleep upon a public way, including upon a blanket, chair, stool, or within a temporary structure that functions as a shield to weather conditions or, any other object placed upon a public way within the downtown.

2.2.

No person shall store, accumulate, mass together and maintain personal property such as supplies, goods, clothing, personal effects upon a public way within the downtown.

3.

Exceptions: The prohibition in Subsection 2. shall not apply to any person:

3.1.

Sleeping on a public way due to a medical emergency;

3.2.

Participating in or attending a parade, festival, performance, rally, demonstration, meeting, or similar event conducted on the public way pursuant to a special event permit.

3.3.

Camping is permitted on residential property with the permission and consent of the property owner.

4.

No person shall be cited under this Section unless the person engages in conduct prohibited by this Section after having been notified by a law enforcement officer that the conduct violates this Section.

5.

Any person who violates any provision of this Section shall be subject to a fine of fifty dollars ($50.00) for a first or second offense within a 12-month period, and a fine of one hundred dollars ($100.00) for a third or subsequent offense within a 12-month period. Each day that a violation of this Section continues shall be considered a separate and distinct offense.

6.

Any person who violates any provision of this Section, and who continues to violate any provision of this Section, may be subject to an injunction to enforce this Section.

7.

Any person who accumulates, masses together and maintains personal property such as supplies, goods, clothing, [or] personal effects upon a public way within the downtown as prohibited in Subsection 2.2. shall be required to remove such personal property from the sidewalk within seven (7) days of notice to remove. The fact that an action or proceedings have been instituted and are pending shall not preclude the City's ability to require removal of said personal property and to abate if the personal property is not removed as required herein. Notice to abate the storage of personal property on a public way or public property within the downtown shall be given to the owner or person in control of the personal property by personal service or by certified mail. Upon the failure of the owner of the personal property to remove the personal property within seven (7) days from the date of service of the notice, the City shall lawfully remove the personal property. The personal property removed from the public way by the City pursuant to this Section, shall be disposed of if not claimed by the owner within thirty (30) days of its removal. Any costs associated with such abatement and storage may be charged to, and assessed to the property's owner.

8.

The provisions of this Section are declared to be separate and severable. The invalidity of any provision of this Section shall not affect the validity of the remainder of this Section.

(Ord. No. 09-121, § 1, 10-6-2009)

Editor's note—

Ord. No. 09-121, § 1, adopted October 6, 2009, repealed and reenacted Section 10-2-1-2 in its entirety to read as herein set out. Formerly, Section 10-2-1-2 pertained to loitering, and derived from Ord. No. 73-93, adopted November 26, 1973, and the 1984 Code.

10-2-1-3: - DISTURBING ASSEMBLAGES:

It shall be unlawful for any person to disturb any lawful assemblage or gathering in the City.

(1960 Code, §24.007)

10-2-1-4: - GAMBLING:

It shall be unlawful for any person to:

1.

Gamble; attend any gambling resort located within the City; make any bet, lottery or gambling hazard; or to buy or sell any chances or tickets in any gambling game, arrangement or device; however, participation in or sale of chances in any State-run lottery is exempt from this Section.

2.

Possess any gambling devices or paraphernalia with the intent to use the same for an unlawful purpose.

3.

Maintain or patronize any establishment maintained for a gambling house or resort; or advertise any gambling house or gambling resort in any street, alley or public place in the City.

(1960 Code, §24.011; amd. 1984 Code)

10-2-1-5: - INDECENT ACTIVITIES; FIGHTING:

It shall be unlawful for any person to:

1.

Profanity: Use profanity on any street, alley or other public place in the City.

2.

Public Nudity:

2.1.

It shall be unlawful for any person to appear in a public place in a state of nudity or to make any indecent exposure of his/her person, except breast feeding of infants as provided for in 720 Illinois Compiled Statutes 5/11-9, as amended.

3.

Urinating Or Defecating In Public: It shall be unlawful for any person to urinate or defecate:

3.1.

In or on a public street, alley, sidewalk, yard, park, building, structure, plaza, public or utility right-of-way, or other public place, other than in a restroom; or

3.2.

In public view.

4.

Adult Publications Or Products: Sell or offer for sale, or to circulate, pass from one person to another or expose in any public place or anywhere in view of a store or place frequented by the public, any adult or obscene publications, printed or written matter, picture, representation, or product.

It shall be unlawful to keep any such publication, printed or written matter, picture, product, or other representation in any place frequented by or where it may come into the possession of minors or to disclose or expose any such material to a minor.

5.

Fighting: Knowingly start a fight, fight or commit any assault or battery in any public place in the City.

6.

Adult Stores; Minors: It shall be unlawful to permit any person under the age of eighteen (18) years old to be on the premises of any "adult store", as defined in Section 6-12-1 of this Code.

(1960 Code, §§ 24.003, 24.005; Ord. 99-27, 2-16-1999; amd. Ord. 04-219, 12-21-2004)

10-2-1-6: - OFFENSES RELATED TO CITY OFFICERS:

1.

Impersonation: It shall be unlawful for any person to impersonate, without lawful authority, any City officer or employee.

2.

Interfering With Officers: It shall be unlawful to interfere with or hinder any officer or employee of the City while engaged in the duties of his office or employment.

(Ord. 368.71, 4-19-1971)

10-2-2: - LIQUOR RELATED OFFENSES:

10-2-2-1: - DRINKING ON PUBLIC WAYS:

It shall be unlawful for any person to drink any alcoholic beverages on any street, highway or public place or in or about any motor vehicle upon any street, highway or public place in the City, unless specifically authorized by the City Council and except as provided in 625 Illinois Compiled Statutes 5/11-502 of the Illinois Vehicle Code adopted by reference pursuant to Section 11-1-1 of the Naperville Municipal Code.

(Ord. 92-56, 4-7-1992; Ord. No. 11-126, § 1, 9-6-2011)

Editor's note—

Ord. No. 11-126, § 1, adopted September 6, 2011, repealed the former Section 10-2-2-1 in its entirety, which pertained to intoxication and derived from Ord. No. 73-81, adopted October 22, 1973. Subsequently, the former Sections 10-2-2-2 and 10-2-2-3 were redesignated as Sections 10-2-2-1 and 10-2-2-2. The historical notation has been preserved for reference purposes.

10-2-2-2: - TRANSPORTING ALCOHOLIC BEVERAGES:

It shall be unlawful for any person to transport, carry, possess or have any alcoholic liquor on any street, highway or public place in the City except in the original package and with the seal unbroken, and except as provided in 625 Illinois Compiled Statutes 5/11-502 of the Illinois Vehicle Code adopted by reference pursuant to Section 11-1-1 of this Code.

(Ord. 92-56, 4-7-1992; Ord. No. 11-126, § 1, 9-6-2011)

Editor's note—

See editor's note at Section 10-2-2-1.

10-2-3: - DRUG RELATED OFFENSES:

10-2-3-1: - POSSESSION OF CANNABIS AND CANNABIS PARAPHERNALIA:

1.

Definitions:

1.1.

Cannabis: Includes marijuana, hashish and other substances which are identified as including any part 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, 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 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 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.

1.2.

Cannabis Paraphernalia: Includes all equipment, products and materials of any kind which are peculiar to, or marketed for use, or are used, 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 in violation of the Cannabis Control Act ^[97]. It includes, but is not limited to:

1.2.1.

Kits peculiar to and marketed for use, or used in manufacturing, compounding, converting, producing, processing or preparing cannabis;

1.2.2.

Isomerization devices peculiar to, or marketed for use, or used in increasing the potency of any species of plant which is cannabis;

1.2.3.

Testing equipment peculiar to, or marketed for private home use in, or used for, identifying or analyzing the strength, effectiveness or purity of cannabis;

1.2.4.

Diluents and adulterants peculiar to, or marketed for use in, or used for, cutting cannabis or a controlled substance by private persons;

1.2.5.

Objects peculiar to, marketed for use in, or used for ingesting, inhaling, or otherwise introducing cannabis, cocaine, hashish, or hashish oil into the human body including, where applicable, the following terms:

1.2.5.1.  Water pipes;

1.2.5.2.  Carburetion tubes and devices;

1.2.5.3.  Smoking and carburetion masks;

1.2.5.4.  Carburetor pipes;

1.2.5.5.  Electric pipes;

1.2.5.6.  Air-driven pipes;

1.2.5.7.  Chillums;

1.2.5.8.  Bongs;

1.2.5.9.  Ice pipes or chillers;

1.2.6.

Any item whose purpose, as announced or described by the seller, is for use in violation of this Section.

(Ord. 97-144, 9-2-1997)

2.

Possession Unlawful: It is unlawful for any person knowingly to possess cannabis, and/or paraphernalia as described herein for the use thereof.

3.

Possession Of Paraphernalia Related To The Use Of Cannabis:

3.1.

A person who knowingly possesses an item of drug paraphernalia with the intent to use it in ingesting, inhaling, or otherwise introducing cannabis into the human body, or in preparing cannabis substance for that use, is guilty of the offense hereunder for which the court shall impose a minimum fine of seven hundred fifty dollars ($750.00), but not more than one thousand dollars ($1,000.00).

3.2.

In determining intent under Subsection 10-2-3-1.3.1 of this Section, the proximity of the cannabis drug paraphernalia or the presence of cannabis on the drug paraphernalia may be considered.

4.

Exempt Items; Determination:

4.1.

Exempt Items:

4.1.1.

Items marketed for the use in the preparation, compounding, packaging, labeling, or other use of cannabis as an incident to lawful research, teaching, or chemical analysis and not for sale; or

4.1.2.

Items marketed for, or 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.

4.1.3.

Items exempt under this Subsection include, but are not limited to, garden hoes, rakes, sickles, baggies, tobacco pipes, and cigarette-rolling papers.

4.1.4.

Items listed in Subsection 10-2-3-1.4.1.3 of this Section which are marketed for decorative purposes, when such items have been rendered completely inoperable or incapable of being used for any illicit purpose prohibited by this Section.

4.2.

Considerations: In determining whether or not a particular item is exempt under this Section, all other logically relevant factors should be considered, including the following:

4.2.1.

The general, usual, customary, and historical use to which the item involved has been put;

4.2.2.

Expert evidence concerning the ordinary or customary use of the item and the effect of any peculiarity in the design or engineering of the item upon its functioning;

4.2.3.

Any written instructions accompanying the delivery of the item concerning the purposes or uses to which the item can or may be put;

4.2.4.

Any oral instructions provided by the seller of the item at the time and place of sale or commercial delivery;

4.2.5.

Any national or local advertising, concerning the design, purpose or use of the item involved, and the entire context in which such advertising occurs;

4.2.6.

The manner, place and circumstances in which the item was displayed for sale, as well as any item or items displayed for sale or otherwise exhibited upon the premises where the sale was made;

4.2.7.

Whether the owner or anyone in control of the object is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;

4.2.8.

The existence and scope of legitimate uses for the object in the community.

5.

Applicability Of Provisions: The provisions of this Section relating to the possession of cannabis shall be applicable to the possession of any quantity of cannabis less than thirty (30) grams.

(Ord. 95-172, 8-15-1995)

10-2-4: - PROPERTY RELATED OFFENSES:

10-2-4-1: - TRESPASSES

1.

Trespasses Prohibited: It shall be unlawful for any person to commit a trespass within the City upon either public or private property.

2.

Specifically Enumerated Trespasses; Suppression: Without constituting any limitation upon the provisions of Subsection 10-2-4-1.1 of this Section, any of the following acts by any person shall be deemed included among those that constitute trespasses in violation of the provisions of said Subsection 10-2-4-1.1, and appropriate action may be taken hereunder at any time, or from time to time, to prevent or suppress any violation or violations of this Section, the aforesaid enumerated acts so included, being as follows:

2.1.

An unauthorized 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; or

2.2.

The pursuit of a course of conduct or action incidental to the making of an unauthorized 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

2.3.

A failure or refusal to depart from the premises of another after being requested, either orally or in writing, to leave by any owner or occupant thereof; or

2.4.

An entry into or upon any vehicle, aircraft or watercraft made without the consent of the person having the right to the possession or control thereof, or a failure or refusal to leave any such vehicle, aircraft or watercraft after being requested to leave by the person having such right.

(Ord. 323.70, 6-15-1970)

10-2-4-2: - VANDALISM; PARENTAL RESPONSIBILITY:

1.

Definitions: For the purpose of this Section, the following definitions shall apply:

(Ord. 77-147, 9-6-77; amd. 1984 Code)

2.

Participation in Police Social Worker Program: A minor, who has allegedly engaged in an act of vandalism, may be offered the opportunity by the Police Juvenile Officer to voluntarily participate in the Police Social Worker Program. Said offer shall be communicated in writing to the minor and his parents or legal guardians and if accepted in writing by all parties within thirty (30) days after its date and if the terms thereof are complied with together with any restitution required, no further prosecutions under this Section shall be instituted.

3.

Vandalism Prohibited: It shall be a violation of this Section for any person to commit an act of vandalism.

4.

Restitution Required: It shall be a violation of this Section for a person who has been found by a court of law to have committed an act of vandalism to fail to make restitution thereof.

5.

Parents or Legal Guardians Responsible: The parents or legal guardians of a minor who is found by a court of law to have committed an act of vandalism shall be jointly and severally responsible for making restitution thereof. The parents or legal guardians shall be made defendants to the hearing at which a determination is made by the court as to whether an act of vandalism has taken place.

6.

Enforcement Proceeding: In the event that a person alleged to have engaged in an act of vandalism shall refuse to comply with the provisions of Subsection 2 hereof or shall begin such program and shall not complete it or provide restitution as may be required, then the Corporation Counsel shall institute an ordinance enforcement proceeding to establish that the person has committed the act of vandalism and to enforce compliance with the provisions of this Section against said person, and if a minor, his parents or legal guardians. In addition to enforcing compliance, the Corporation Counsel shall seek the penalties provided for in Subsection 7 hereof.

7.

Penalties: Any person who violates the provisions of Subsections 2, 3 or 4 hereof shall be fined in an amount of not more than one thousand dollars ($1,000.00). The parent or legal guardian of a minor who violates Subsection 5 hereof shall also be subject to a fine of not more than one thousand dollars ($1,000.00) for each violation.

(Ord. 77-147, 9-6-77; amd. Ord. 95-71, 4-5-95)

10-2-4-3: - DAMAGE TO PUBLIC PROPERTY:

It shall be unlawful for anyone to injure, deface or interfere with any public property without proper authority from the governing public body.

(Ord. 95-71, 4-5-95)

10-2-4-4: - DANGEROUS EXCAVATIONS:

1.

It shall be unlawful for the owner of any real property located within the City to maintain or permit the existence upon such property of any excavation, pit, hole, ditch or other man-made depression in the earth, which endangers the public health, welfare and safety.

2.

Upon making a determination that there exists a violation of Subsection 1 hereof, the Director of the Department of Community Development or the Director of the Department of Public Works shall notify the owner of the property upon which such violation exists in writing. Upon receipt of such notice of violation, the property owner shall, within ten (10) days, eliminate any violation of this Section existing upon his property.

(Ord. 76-109, 10-4-76; amd. Ord. 92-137, 7-21-92)

10-2-4-5: - 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 (2) or more tenants or families in such a manner that it interferes with the free use of such stairway, aisle, corridor or exit.

(1960 Code, §24.026)

10-2-4-6: - BARBED WIRE, ELECTRIC FENCES:

It shall be unlawful to erect or maintain anywhere in the City a fence equipped with or having barbed wire spikes or any similar device, or any electric charge sufficient to cause shock, within seven (7) feet of the ground level.

(1960 Code, §24.020)

10-2-4-7: - HAZARDOUS CONDITIONS ON PUBLIC WAYS:

1.

Scaffolds: Any scaffold or ladder placed in such a way that they overhang or can fall onto any public street, alley or other public place in the City shall be firmly constructed and safeguarded; and it shall be unlawful to place or leave any tools or articles on any such place in such a manner that the same can fall onto any such street, sidewalk, alley or other public place from a height greater than four (4) feet.

(1960 Code, §24.023)

2.

Articles on Windows: It shall be unlawful to place any movable article on any window ledge or other place abutting on a public street, alley or other place at a height above four (4) feet from the ground in such a manner that the same can be or is in danger of falling onto any such street, sidewalk, alley or other public place.

(1960 Code, §24.024)

10-2-4-8: - REFUSE DEPOSITS; INJURIOUS MATERIALS:

It shall be unlawful for any person to:

1.

Wind-Blown Refuse: Deposit or leave any refuse or material in such a place or condition that it can be blown by the wind so as to be scattered or cause clouds of dust or particles; and it shall be unlawful to permit the escape of soot, ashes or other solid products or results of combustion so as to be wind-blown or scattered.

(1960 Code, §24.012)

2.

Deposits on Streets: Dump or deposit, or cause to be dumped or deposited any grass, leaves, branches, garbage, refuse, hazardous or harmful materials, or any other things in the roadway or gutter of any public street in the City.

(1960 Code, §24.021; amd. 1984 Code)

3.

Throwing Missiles; Injurious Materials: Cast, throw or propel any missile on any street, alley or other public place; and it shall be unlawful to throw or deposit any glass, nails, tacks or other similar articles on any street, sidewalk, alley or other public place in the City.

(1960 Code, §24.013)

10-2-4-9: - REMOVAL OF CERTAIN PROPERTY:

1.

Any resident who leaves personal property in any City right-of-way with the intent that said property be a contribution to and be removed by a not-for-profit organization, shall identify said property with a tag obtained from the organization. The tag shall be placed conspicuously on the property, and shall specifically identify the property and the not-for-profit organization authorized to remove it.

2.

It shall be unlawful for any unauthorized person to remove or in any way exercise control over property identified with such a tag.

(Ord. 85-151, 8-19-85)

10-2-4-10: - GRAFFITI PROHIBITED:

1.

Prohibition: It is unlawful for any person to inscribe, draw, or otherwise place on the surface of any structure or wall that is publicly or privately owned, any sign, symbol, marking, name, initial, word, diagram, sketch, picture or letter, without the permission of the owner of the property. The aforementioned list is not to be a limitation, but is merely illustrative of items known as graffiti.

2.

Exemption; Public Officials and Utilities: The prohibitions of this Section shall not apply to government officials and employees or employees or official representatives of any public or private utilities with respect to the posting or labeling of tags, notices or other markings on building or other property while in the course of their employment or in the performance of their official duties.

3.

Affirmative Defense: It shall be an affirmative defense to the alleged violation of the foregoing provision if such activity was undertaken with the prior written consent of the owner of the property, demonstrating that the owner was aware of the content or method of the inscription to be placed on the structure or wall; however, no owner of property shall place or give permission to place on any property, real or personal, which is in public view any sign, symbol, marking, name, initial, work, diagram, sketch, picture or letter, which incites violence by reference to gang, or criminal activity, depicts or expresses obscenity by referring to sexual activity or contains defamatory material about a public or private person.

4.

Removal of Graffiti: The City hereby declares "graffiti" as defined in Subsection 1 to be a nuisance, and as a nuisance, subject to abatement as provided herein:

(Ord. 92-156, 8-18-92)

4.1.

Upon written notification by the City, the owner of property upon which graffiti has been illegally placed, shall remove the graffiti within five (5) working days from the date of the notice.

4.2.

The City, upon notification of graffiti placed upon any City property, shall remove the graffiti within five (5) working days from the date of notification.

(Ord. 95-71, 4-5-95)

The City also shall remove graffiti from the exterior of private property if owners inform the City of the presence of such graffiti, and of their inability to remove it. The owner will be required to pay the City for the reasonable cost of the removal. Owners must sign a statement authorizing the removal by the City, and must sign a release holding the City harmless from any claims or suits brought for damages pursuant to any adverse or injurious effects of such chemicals, or from the actions taken by the City, or its employees to remove the graffiti. If property owners do not request such removal or do not remove the graffiti within the time specified, they shall be subject to the penalties listed in Subsection 5 below, and the City shall proceed to remove the graffiti. The owner shall be required to reimburse the City for the reasonable cost of the removal, and such costs of removal shall constitute a lien which may be recorded with the County Recorder of deeds against the property upon which such structure is located.

4.3.

An extension of time in which graffiti must be removed may be granted by the City upon application of the property owner to the Naperville Department of Public Works, and a showing of cause. Cause shall include, but not be limited to: weather, temperature, availability of chemicals, or physical limitations.

5.

Penalties: Upon a finding of guilty for violation of Section 10-2-4-10.1, there shall be imposed a fine of not less than one hundred dollars ($100.00), nor more than five hundred dollars ($500.00) for the first offense and two hundred dollars ($200.00) to one thousand dollars ($1,000.00) for the second and subsequent offenses within a two-year period. Upon a finding of guilty for a violation of Section 10-2-4-10.3 there shall be imposed a fine of not less than fifty dollars ($50.00), nor more than five hundred dollars ($500.00). Additionally, the court may require that the party guilty of violating the provisions of Section 10-2-4-10.1 of this Chapter make full and complete restitution to the City and/or the owner of the property for the expenses incurred in the removal of the graffiti, and/or restoration of the structure or wall to its previous condition. In addition, the court may order as further penalty, community service in the form of time to be spent in cleaning property that has been defaced by graffiti in any location in the City.

(Ord. 92-156, 8-18-92)

10-2-5: - ADVERTISING; BILLPOSTING:

It shall be unlawful for any person to:

1.

Advertising: Advertise any unlawful business or article in the City; or injure or deface any lawful advertisement or notice.

(1960 Code, §24.014)

2.

Posting Bills: Post any bills or advertisements on any public property without the authority of the City Council; or post any bill or advertisement on any property without the written consent of the owner thereof.

(1960 Code, §24.017)

3.

Placing Advertising Matter in Motor Vehicles: Whether a licensed billposter or not, distribute handbills, circulars, dodgers, pamphlets, cards, pictures or any advertising matter of any kind whatsoever, by placing the same in or upon any motor vehicle standing or parked in the public streets of the City.

(1960 Code, §24.019)

10-2-6: - WEAPONS; FIREARMS:

It shall be unlawful for any person to:

1.

Concealed Weapons: Carry any concealed weapon in the City in violation of the laws of this State.

(1960 Code, §24.009)

2.

Discharge of Firearms: Discharge any firearm or airgun in the City; provided, that this Subsection shall not be construed to prohibit any officer of the law to discharge a firearm in the performance of his duty; any person to discharge a firearm or airgun when lawfully defending his person or property; any person to discharge a firearm or airgun upon the premises of a target or shooting range approved or leased by the City Council.

(Ord. 80-53, 5-29-80)

10-2-7: - FALSE ALARMS:

It shall be unlawful for any person to knowingly start or spread any false alarm of fire or knowingly give a false police report in the City ^[99].

(1960 Code, §24.006; amd. 1984 Code)

10-2-8: - BLOWING WHISTLES:

It shall be unlawful to blow or cause to be blown any steam whistle of any stationary engine or steam engine in the City except as a signal; for starting or stopping work; or in emergencies to avoid injury to persons or property.

(1960 Code, §24.025)

10-2-9: - THEFT:

1.

Retail Theft:

1.1.

Definitions:

1.2.

Offense: The offense of retail theft is committed when a person knowingly:

1.2.1.

Takes possession of, carries away, transfers or causes to be carried away or transferred, any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment with the intention of retaining such merchandise or with the intention of depriving the merchant of the possession, use or benefit of such merchandise without paying the full retail value of such merchandise; or

1.2.2.

Alters, transfers, or removes any label, price tag, marking, indicia of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored or offered for sale, in a retail mercantile establishment and attempts to purchase such merchandise personally or in consort with another at less than the full retail value with the intention of depriving the merchant of the full retail value of such merchandise; or

1.2.3.

Transfers any merchandise displayed, held, stored or offered for sale, in a retail mercantile establishment from the container in or on which such merchandise is displayed to any other container with the intention of depriving the merchant of the full retail value of such merchandise; or

1.2.4.

Causes the cash register or other sales recording device to reflect less than the full retail value of the merchandise; or

1.2.5.

Removes a shopping cart from the premises of a retail mercantile establishment without the consent of the merchant given at the time of such removal with the intention of depriving the merchant permanently of the possession, use or benefit of such cart; or

1.2.6.

Represents to a merchant that he or another is the lawful owner of property knowing that such representation is false, and transfers or attempts to transfer that property to a merchant who is the owner of the property in exchange for money, merchandise credit or other property of the merchant; or

1.2.7.

Uses or possesses any theft detection shielding device or theft detection device remover with the intention of using such device to deprive the merchant of the possession, use or benefit of any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment without paying the full retail value of such merchandise.

1.3.

Presumptions: If any person conceals upon his or her person or among his or her belongings, unpurchased merchandise displayed, held, stored or offered for sale in a retail mercantile establishment and removes that merchandise beyond the last known station for receiving payments for that merchandise in that retail mercantile establishment such person shall be presumed to have possessed, carried away or transferred such merchandise with the intention of retaining it or with the intention of depriving the merchant of the merchandise without paying the full retail value of the merchandise.

1.4.

Detention: Any merchant who has reasonable grounds to believe that a person has committed retail theft may detain such person, on or off the premises of a retail mercantile establishment, in a reasonable manner and for a reasonable length of time for all or any of the following purposes:

1.4.1.

To request identification;

1.4.2.

To verify such identification;

1.4.3.

To make reasonable inquiry as to whether such person has in his possession unpurchased merchandise, and to make reasonable investigation of the ownership of such merchandise;

1.4.4.

To inform a peace officer of the detention of the person and surrender that person to the custody of a peace officer;

1.4.5.

In the case of a minor, to inform a peace officer, the parents, guardian or other private person interested in the welfare of that minor of this detention and to surrender custody of such minor to such person.

A merchant may make a detention as permitted herein off the premises of a retail mercantile establishment only if such detention is pursuant to an immediate pursuit of such person.

A merchant shall be deemed to have reasonable grounds to make a detention for the purposes of this Section if the merchant detains a person because such person has in his possession either a theft detection shielding device or a theft detection device remover.

1.5.

Severability: If any Section, clause, sentence, paragraph or part of this Section is for any reason adjudged by any court of competent jurisdiction to be invalid, such judgment will not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the Section, clause, sentence, paragraph or part thereof directly involved in the controversy in which such judgment shall have been rendered.

2.

Theft: A person commits theft when he knowingly:

1.

Obtains or exerts unauthorized control over property of another valued at less than five hundred dollars ($500.00); or

2.

Obtains by deception control over property of another valued at less than five hundred dollars ($500.00); or

3.

Obtains by threat control over property of another valued at less than five hundred dollars ($500.00); or

4.

Obtains control over stolen property, valued at less than five hundred dollars ($500.00), knowing the property to have been stolen or under such circumstances as would reasonably induce him to believe the property was stolen.

(Ord. 89-210, 10-16-1989; Ord. No. 11-127, § 1, 9-6-2011)

10-2-10: - PARENTAL RESPONSIBILITY ^[100]:

1.

Definitions: For the purpose of this Section, the following definitions shall apply:

2.

Lack Of Control Or Permission Assumed: The parent or legal guardian of an unemancipated minor residing with such parent or legal guardian shall be presumed, in the absence of evidence to the contrary, to have failed to exercise proper parental responsibility and such minor shall be deemed to have committed the acts described in Subsection 10-2-10.2.1 of this Section with the knowledge and permission of the parent or guardian, in violation of this Section, upon the occurrence of the events described in Subsections 10-2-10.2.1, 10-2-10.2.2 and 10-2-10.2.3 of this Section:

2.1.

An unemancipated minor residing with a parent or legal guardian shall either be adjudicated to be in violation of any municipal ordinance, law or statute prohibiting possession of alcohol by a minor, or any offense involving drugs or weapons or wilful and malicious acts causing injury to a person or property, or shall have incurred nonjudicial sanctions from another official agency resulting from an admission of guilt of violation of any municipal ordinance, law or statute prohibiting wilful possession of alcohol by a minor, or any offense involving drugs or weapons or malicious acts causing injury to a person or property; and

2.2.

The parent or legal guardian shall have received a written notice thereof, either by certified or registered mail, return receipt requested, or by personal service, with a certificate of personal service returned, from the Police Department following such adjudication or nonjudicial sanction; and

2.3.

If at any time within two (2) years following receipt of the notice set forth in Subsection 10-2-10.2.2 of this Section, the minor is either adjudicated to be in violation of any ordinance, law or statute as described in Subsection 10-2-10.2.1 of this Section, or shall have incurred nonjudicial sanctions from another official agency resulting from an admission of guilt of violation of any municipal ordinance, law or statute, as described in Subsection 10-2-10.2.1 of this Section.

3.

Penalty: Any person found in violation of the provisions of this Section shall be fined in an amount of not more than one thousand dollars ($1,000.00) and may also be required to pay restitution in addition to any other penalty ordered by the court, and shall also be liable for actual damages for the wilful or malicious acts of such minor which cause injury to a person or property.

(Ord. 95-71, 4-5-1995)