Chapter 9-04 OFFENSES GENERALLY

For purposes of this title, except as otherwise provided herein, the elements of the offenses described in this title shall be the same as the elements of the corresponding offenses in the Illinois Criminal Code, 720 ILCS 5/1 et seq. (Ord. 3480 § 2, 2023)

9-04-010 Disorderly conduct.

A. A person commits the offense of disorderly conduct when he or she knowingly:

1. Does any act in such an unreasonable manner as to provoke, make or aid in making a breach of the 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 the 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 is time; or

4. Fails to obey a lawful order of dispersal by a person known by him to be a peace officer under circumstances where three 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

5. Assembles with three or more persons for the purpose of using force or violence to disturb the public peace; or

6. Appears in any public place manifestly under the influence of alcohol, narcotics or other drug, not therapeutically administered, to the degree that he or she may endanger himself or other persons or property or annoy persons in his vicinity; or

7. Carries in a threatening or menacing manner, without authority of law, any pistol, revolver, dagger, razor, dangerous knife, stiletto, knuckles, slingshot, an object containing noxious or deleterious liquid, gas or substance or other dangerous weapon, or conceals said weapon on or about his or her person or vehicle; or

8. Transmits in any manner to the fire department of any city, village, town 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 a fire exists; or

9. Transmits in any manner to another a false alarm to the effect that a bomb or other explosive of any nature is concealed in such place that its explosion would endanger human life, knowing at the time of such transmission that there is no reasonable ground for believing that such bomb or explosive is concealed in such place; or

10. Transmits in any manner to any peace officer, public officer or public employee a report that an offense has been committed, knowing that at the time of such transmission that there is no reasonable ground for believing that such an offense has been committed; or

11. Enters upon the property of another and with a lewd or unlawful purpose deliberately looks into a dwelling on the property through any window or other opening in it; or

12. 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.

B. Penalties. Penalties for a violation of this section shall be as follows:

Any person found guilty of a violation of subsection (A)(1) through (7) and/or (10) through (12) shall be fined upon conviction thereof not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for a first offense, and not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for a second or subsequent offense. Any person found guilty of a violation of subsection (A)(7), (8), or (9) shall be fined upon conviction thereof not less than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00) for a first offense, and not less than three hundred fifty dollars ($350.00) nor more than five hundred dollars ($500.00) for a second or subsequent offense. (Ord. 2771 § 1, 1992)

9-04-020 Assault.

If any person shall assault another person within the limits of the city, every person so offending shall, on conviction, be fined for each offense in a sum not less than three dollars ($3.00) nor more than five hundred dollars ($500.00). (Prior code § 8-1-1 (§ 2))

9-04-030 Assault and battery.

Every person who shall commit an assault and battery upon the person of another within the limits of the city shall, on conviction, be fined for each offense so committed in a sum not less than three dollars ($3.00) nor more than five hundred dollars ($500.00). (Prior code § 8-1-1 (§ 3))

9-04-040 Inciting riots, etc.

A. It is unlawful to create a clear and present danger of a riot or assault, battery or other unlawful trespass against any person or group of persons because of his or their race, religion, color, national origin, or ancestry, or to create a clear and present danger of arson, vandalism, defacement, or other unlawful trespass against property because of the race, religion, color, national origin, or ancestry of the owner, possessor, or authorized user or users of said property, or, in the case of a cemetery, of the decedent buried therein.

B. The term “person” as used in this section shall include one or more individuals, copartnerships, corporations, firms, organizations, associations, leagues or other bodies.

C. Any person violating the provisions of this section shall be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) or imprisoned for not less than ten days or more than six months, or both, for each offense. (Prior code § 81-1 (§ 4))

9-04-050 Resistance to officers.

A. No person shall resist any member of the police force in the discharge of his duty, nor shall in any way interfere with or hinder or prevent him from discharging his duty as such member, nor shall offer or endeavor to do so; nor shall in any manner assist any person in custody of any member of the police force to escape or attempt to escape from such custody, nor shall rescue any person in custody.

B. Any person so violating any of the provisions of this section shall, on conviction, be fined for each offense in a sum not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) or imprisoned for not less than ten days or more than six months, or both. (Prior code § 8-1-1 (§ 5))

9-04-060 Duty to assist police.

It is the duty of any person in the city, when called upon by any member of the police department, to promptly aid and assist him in the execution of his police duties. (Prior code § 8-1-1 (§ 6))

9-04-070 Disorderly houses.

Any house, room or other premises where members of the public are invited and illegal activity is found to occur is declared to be a public nuisance. The keeper and all persons connected with the maintenance of the nuisance, and all persons patronizing or frequenting the same, shall be fined not less than five hundred dollars ($500.00) nor more than two thousand five hundred dollars ($2,500.00) for each offense. (Ord. 3088 § 2, 2001)

9-04-080 Vagrancy.

All persons who are idle and dissolute, or who go about begging; all persons who use any shell game, slight-of-hand or juggling trick, or other unlawful game to cheat, defraud, or unlawfully obtain money or other valuable thing; pilferers; confidence men; common drunkards; common night walkers; persons lewd, wanton, or lascivious in speech or behavior; common brawlers, persons who are habitually neglectful of their employment or their calling, and do not lawfully provide for themselves or for the support of their families; and all persons who are idle or dissolute and who neglect all lawful business; and who habitually misspend their time by frequenting houses of ill-frame or gaming houses; all persons lodging in or found in the night time in sheds, barns or unoccupied buildings or lodging in the open air, and not giving a good account of themselves; and all persons who are known to be thieves, burglars, or pickpockets, either by their own confession or otherwise, or by having been convicted of larceny, burglary, or other crime against the laws of the state punishable by imprisonment in the state prison or in a house of correction of any city, and having no lawful means of support, are habitually found prowling around any railroad depot, banking institution, broker’s office, place of public amusement, auction room, store, shop, or crowded public way, public conveyance, or at any public gathering, assembly, or lounging about any court room, private dwelling houses, or are found in any house of ill-fame or gambling house, are declared to be vagabonds, and shall be fined not to exceed five hundred dollars ($500.00) for each offense. (Prior code § 8-1-1 (§ 8))

9-04-090 Disturbing places of worship.

Any person who shall disquiet or disturb any congregation or assembly met for religious worship by making a noise, or by rude and indecent behavior or profane discourse within the place of worship, or so near to the same as to disturb the order and solemnity of the meeting, shall be fined not exceeding fifty dollars ($50.00) for each offense. (Prior code § 8-1-1 (§ 9))

9-04-100 Damage to public property.

No person shall cut, injure, mark, or deface any public building, sewer, water pipe, hydrant, or other city property, or any tree, grass, shrub, or walk in any public way or public park. Any person violating any of the foregoing provisions of this section shall be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense. (Ord. 2224, 1981: prior code § 8-1-1 (§ 10))

9-04-110 Injuring or obstructing signal systems.

A. No person, unless duly authorized, shall open any signal box, unless it be to give an alarm of fire or to communicate with the police on necessary business, nor break, cut, injure, deface, derange, or in any manner meddle or interfere with any signal box or the fire-alarm or police telegraph wires, or with any municipal electric wires, poles, conduits, or apparatus. Any person violating any of the foregoing provisions of this section shall be fined not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00) for each offense.

B. Any person who shall scratch, stencil, or post placards or bills on any of the poles used for wires of the police and fire alarm telegraph, or in any other manner deface, or injure the same, shall be fined not less than five dollars ($5.00) nor more than twenty dollars ($20.00) for each offense. (Prior code § 8-1-1 (§ 11))

9-04-120 False fire alarms.

Whoever, without reasonable cause, by outcry or otherwise, makes or circulates, or causes to be made or circulated, any false alarm of fire, shall be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense. (Prior code § 8-1-1 (§ 12))

9-04-130 Passing police lines.

No person shall pass police and fire lines for the purpose of gathering and editing spot news or photographing news events unless such person is a legal holder of a press card as provided herein. (Prior code § 8-1-1 (§ 13))

9-04-140 Press cards.

The chief of police has power to issue press cards entitled the holder thereof to pass police and fire lines for the purpose of gathering and editing spot news or photographing news events in the city. Such press cards shall be issued only to those engaged in gathering, reporting, editing or photographing current news events for newspapers, press associations, newsreels and radio stations. (Prior code § 8-1-1 (§ 14))

9-04-150 Application for press cards.

The application for such press cards shall be made in writing by the employer on behalf of the employee qualified to hold press cards. The employer shall represent that the employee on whose behalf an application for a press card is made is a full-time reporter, editor, writer, photographer or broadcaster of spot news, is of good moral character and is a citizen of the United States. No such card shall be issued unless the applicant meets these requirements and unless and until the fingerprints of the prospective holder are filed in the office of the chief of police. (Prior code § 8-1-1 (§ 15))

9-04-160 Bonfires.

A. No person shall make or cause a fire to be made for burning any combustible waste material in any public space or upon any private property within the city, except in a suitable metal or wire burner so constructed as to prevent the escape of burning material or sparks which might endanger surrounding property.

B. No person shall make or cause a fire to be made for burning any waste materials, with or without the protection required by subsection (A) above in any location within a radius of two hundred (200) feet of any tank, containing flammable liquids or any filling station pump, tank or other inlet or outlet for flammable liquids; nor closer than fifty (50) feet to any wood frame building or stock, store or accumulation of lumber, or other combustible material. (Prior code § 8-1-1 (§ 16))

9-04-170 Masking in public.

It is unlawful for any person within the city to appear in public in any mask, cap cowl, hood or other thing concealing the identity of the wearer, provided, that the provisions of this section shall not apply to persons attending or taking part in carnivals, mask balls, public shows, entertainment, or celebrations in the city, or under permission of the proper authorities of said city, nor to any person holding a written permit issued by the mayor, nor shall it apply to any article of wearing apparel used by a person or persons to protect him from the elements, such as rain or extremely cold weather. (Prior code § 8-1-1 (§ 17))

9-04-180 Possessing burglar tools.

It is unlawful for any person to have in his possession any nippers of the description known as burglar’s nippers, pick lock, skeleton key, key to be used with a bit, jimmy, or other burglar’s instrument or tool of whatsoever kind or description, unless it be shown that such possession is innocent or for a lawful purpose, under a penalty of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each offense. (Prior code § 8-1-1 (§ 18))

9-04-190 Throwing objects on athletic fields and public parks.

No person shall throw, drop, or place upon any baseball park, athletic field or public park, or other place where games are played any bottle or other glass receptacle or any broken bottle or other broken instrument or thing. Any person violating any of the provisions of this section shall be fined not less than twenty-five dollars ($25.00) or more than five hundred dollars ($500.00) for each offense. (Prior code § 8-1-1 (§ 19))

9-04-200 Objects on sills or railings.

It is unlawful for any person to place or keep on any windowsill, railing, or balcony, top of porch, or any other projection from any house or other building in the city, any flower-pot, wooden box, bowl, pitcher, or other article or thing unless the same is securely and firmly fastened or protected so as to render it impossible for any such pot, box, bowl, pitcher or other article to fall into the public way. Any person violating this section shall be fined not more than fifty dollars ($50.00) for each offense. (Prior code § 8-1-1 (§ 20))

9-04-210 Spikes in railings and fences.

No owner, lessee, or person in possession of any building in this city, shall erect, maintain, or permit to be erected or maintained on or about the stairway in, or the entrance to, such building, or on or about its exterior building line, or upon any portion of the sidewalk adjacent to such building, railing, fence, guard, or protection of any kind, upon which there shall be affixed or in any manner attached so as to protrude therefrom any spike, nail, or other pointed instrument of any kind or description, unless such protrusion shall be an integral part of the fencing located entirely on private property; and unless any such protrusion, projecting vertically upward, shall be at least six feet in height above the ground; and unless any such protrusion, projecting vertically downward, shall be not more than six inches from the ground. Any person violating any of the provisions of this section shall be fined not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00) for each offense; and each day any person shall fail or neglect to remove from such railing, fence, or other protection, any such spike, nail, or other pointed instrument after notice in writing from the director of planning so to do, shall constitute a distinct offense. (Prior code § 8-1-1 (§ 21))

9-04-220 Carrying or exhibiting flags.

No person shall carry in parade on any public way in the city, or exhibit in any licensed hall or public place of amusement or display or exhibit on any vehicle in public within the city any red flag or black flag, or any banner, ensign, or sign having upon it any inscription opposed to organized government, or which is sacrilegious, or which may be derogatory to public morals, or any flag other than the national flag, standard, color, or ensign of the United States, or a state flag, or the flag of the city of Harvey, or the flag of a friendly foreign nation, or of the dependencies of such a nation. (Prior code § 8-1-1 (§ 22))

9-04-230 Rag picking.

No person shall engage in the occupation of paper or rag picking or general junking by hand cart, automobile, or other vehicle before the hour of seven-thirty a.m. or after the hour of five-thirty p.m., provided that no rag picking shall be permitted at any time of the day or night on Sundays or legal holidays. Any person that shall violate any of the provisions of this section shall be fined not less than ten dollars ($10.00) for the first offense and fifty dollars ($50.00) for each subsequent offense. (Prior code § 8-1-1 (§ 23))

9-04-240 Trespassing on property.

A. No person shall enter into or upon any lot, block, or tract of ground in the city which is under cultivation, or which is improved with a building used for dwelling, business, commercial or other allied use, unless such person be an owner, lessee, or person entitled so to enter, or the duly authorized agent thereof, and any person found by the police in and upon any such premises shall be treated as a trespasser unless he can produce satisfactory evidence of ownership or right to be in and upon any such premises.

B. Any person who shall violate the provisions of this section shall be fined not less than one dollar ($1.00) nor more than two hundred dollars ($200.00) for each offense. (Prior code § 8-1-1 (§ 24))

9-04-250 Removing sod or earth.

No person shall dig, cut or remove any sod or earth from any public way or other public place within the city without a permit from the city council, or from any premises not his own without the consent of the owner, under a penalty of not less than five dollars ($5.00) nor more than fifty dollars ($50.00) for each offense. (Prior code § 8-1-1 (§ 25))

9-04-260 Removal of sod along public way.

No person shall dig, cut or remove any sod or earth from any property adjoining or contiguous to a public way in such a manner as to leave said property in an unsafe or unsanitary condition or in such condition as will constitute a public nuisance. (Prior code § 8-1-1 (§ 26))

9-04-270 Spiritualism and fortunetelling.

A. No person shall hold or give any public or private meeting, gathering, circle or seance of any kind in the name of spiritualism, or of any other religious body, society, cult or denomination, and therein practice, or permit to be practiced, fraud or deception of any kind.

B. No person shall obtain money or property from another by fraudulent devices and practices in the name of, or by means of, spirit mediumship, palmistry, card reading, astrology, seership, or like crafty science, or fortunetelling of any kind.

C. Any person violating any provision of this section shall be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense. (Prior code § 8-1-1 (§ 27))

9-04-280 Forging signatures.

A. Whenever it may be necessary, in order to procure a license, permit, grant, or privilege of any kind, or to obtain a referendum vote on any proposition to secure signatures to a petition for the same under any law or ordinance affecting the whole or any part of the city, it is unlawful for any person, individually, or any firm or corporation by its members, officers or agents, to forge the signature or procure the forging of the signature to the same of any person who is by law qualified to sign such petition, or to sign or procure the signing of a fictitious name to such petition, or to procure the signature to the same of the person qualified to sign such petition by payment of money or other valuable thing to the person so signing.

B. Any person that shall violate the provisions of this section by forging a signature, signing a fictitious name, or purchasing a signature, or by procuring the doing of same, shall be fined not less than five dollars ($5.00) nor more than five hundred dollars ($500.00) for each offense, and the signing or procuring of each false or fraudulent name to such petition shall be regarded as a distinct and separate offense. (Prior code § 8-1-1 (§ 28))

9-04-290 Deceptive advertising.

No person shall, with intent to sell or in anywise dispose of merchandise, securities, service, or anything offered directly or indirectly to the public for sale or distribution, or with intent to increase the consumption thereof, or to induce the public in any manner to enter into any obligation relating thereto, or to acquire title thereto or any interest therein, make, publish, disseminate, circulate, or place before the public, or cause directly or indirectly to be made, published, disseminated, circulated or placed before the public, in this city, in any newspaper or other publication sold or offered for sale upon any public way, or other public place, or on any sign upon any public way or other public place, or in any handbill or advertisement posted upon any public way or public place, or on any placard, advertisement, or handbill exhibited or carried in any public way or public place, or on any banner or sign flying across the public way or from any house, an advertisement of any sort regarding merchandise, securities, service, or anything so offered to the public which advertisement contains any assertion, representation or statement which is untrue, deceptive, or misleading. Any person violating any provision of this section shall be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense. (Prior code § 8-1-1 (§ 29))

9-04-300 Advertising psychic or magical powers.

No person shall advertise by display, sign, circular, handbill, or in any newspaper, periodical, magazine, or other publication, or by any other means, to tell fortunes or reveal the future; or by means of occult or psychic power, faculties, or forces, clairvoyance, psychology, psychometry, spirits, mediumship, seership, prophecy, astrology, palmistry, necromancy, or like crafty science, cards, talismans, charms, potions, magnetism, magnetized articles or substances, oriental mysteries, or magic of any kind or nature to find or restore lost or stolen property, to locate oil wells, gold, silver, other ore, metal, or natural product, to restore lost love, friendship or affection, to unite or procure lovers, husbands, wives, lost relatives, or friends, or to give advice in business affairs or advice of any kind or nature to others for or without pay. Any person convicted thereof shall be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense. (Prior code § 8-1-1 (§ 30))

9-04-320 Charitable entertainments.

A. No person shall use any ticket, poster, placard, badge, or other advertisement in the promotion of any dance, bazaar, picnic, game, theater, or other entertainment or performance purporting to be given for charitable purposes unless the names of the persons or organizations intended to be benefited by the receipts from such entertainment or performance are stated on such ticket, poster, badge, or other advertisement.

B. Any person violating any of the provisions of this section, shall be fined not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00) for each offense. (Prior code § 8-1-1 (§ 32))

9-04-330 Promotion of marriage.

A. No person shall seek, solicit, accept, or receive, or attempt to seek, solicit, accept or receive, any fee, charge, commission, brokerage or any other financial or other valuable consideration from another for services or pretended services in and about aiding, encouraging, interfering, or negotiating between a man and a woman for the purpose of promoting a marriage or an acquaintanceship intended to result in marriage.

B. No person shall advertise by display, circular, handbill or in any newspaper, periodical, magazine, or other publication, or by any other means, to act as agent, assistant, go-between, or mediator between a man and a woman, for any fee charge, commission, brokerage, or other financial or other valuable consideration, for the purpose of promoting a marriage or an acquaintanceship intended to result in marriage. Any person violating any provision of this section shall be subject to a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each offense. (Prior code § 8-1-1 (§ 33))

9-04-340 Discharge of firearms.

A. No person shall fire or discharge any gun, pistol, or other firearm within the city, except upon premises used by a duly licensed shooting gallery, gun club, or rifle club.

B. No cannon or piece of artillery shall be discharged or fired off in any public way or other public place within the city, except upon the express permission of the city council.

C. Any person violating any of the provisions of this section shall be fined not less than five dollars ($5.00) nor more than fifty dollars ($50.00) for each offense.

D. The provisions of this section shall not apply to sheriffs, coroners, constables, members of the police force, or other peace officers engaged in the discharge of their official duties, or to any person summoned by any such officers to assist in making arrests or preserving the peace while such person so summoned is engaged in assisting such officer. (Prior code § 8-1-1 (§ 34))

9-04-350 Carrying dangerous weapons.

A. No person shall carry, possess, sell, loan, or give to any person any blackjack, sling-shot, sand-club, sand-bag, metal knuckles, bludgeon, or carry or possess with intent to use the same unlawfully against another a dagger, dirk, billy, dangerous knife, razor, stiletto, or other dangerous or deadly weapon.

B. No person shall carry concealed on or about his person a pistol, revolver, derringer, or other firearm, or a dagger, dirk, stiletto, bowie knife, commando knife, or other type or kind of knife any blade of which is more than two and one-half (2 1/2) inches in length, ordinary razor, or other dangerous or deadly weapon. This provision shall not apply, however, to the following officers while engaged in the discharge of their official duties: sheriffs, coroners, constables, policemen or other duly constituted peace officers, and wardens, superintendents and keepers of prisons, penitentiaries, jails, and other institutions for the detention of persons accused or convicted of crime; nor to the following employees or agents while engaged in the discharge of the duties of their employment; conductors, baggagemen, messengers, drivers, watchmen, special agents and policemen employed by railroads or express companies; nor to persons lawfully summoned by an officer to assist in making arrests or preserving the peace, while so engaged in assisting such officer.

C. Any policeman of the city may, within the limits of the city, without a warrant, arrest any person whom such policeman may find in the act of carrying or wearing under his clothes or concealed about his person, any deadly weapon of the character specified in this section, or any other dangerous or deadly weapon, and detain him in custody until a summons or warrant can be procured on complaint made (under oath or affirmation), for the trial of said person and for the seizure and confiscation of such of the weapons as such person may be found in the act of carrying or wearing under his clothes or concealed about his person.

D. Any person violating the provisions of this section shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each offense.

E. In addition to all other penalties, weapons used in violation of this section shall be ordered forfeited to, and confiscated by, the court. (Prior code § 8-1-1 (§ 35))

9-04-360 Discharging toy firearms.

No person shall at any time discharge or set off anywhere within the city, or have in his possession for such purpose any toy firearm, air rifle, toy cannon, or any gun that discharges projectiles either by air, spring, explosive substance, or any other force. (Prior code § 8-1-1 (§ 36))

9-04-370 Hunting.

A. No person shall fire or discharge any gun, pistol or other firearm within the city, nor shall any hunting with firearms be permitted within the city.

B. It is unlawful for any person to have in his possession within the corporate limits of the city any gun, pistol or other firearm assembled and in condition to be discharged, except upon premises used by a duly licensed shooting gallery, gun club, or rifle club.

C. Any person violating any of the provisions of this section shall be fined not less than ten dollars ($10.00) nor more than twenty-five dollars ($25.00) for each offense.

D. The provisions of this section shall not apply to sheriffs, coroners, constables, members of the police force or other peace officers engaged in the discharge of their official duties, or to any person summoned by any such officers to assist in making arrest or preserving the peace while such a person so summoned is engaged in assisting such officer. (Prior code § 8-1-1 (§ 37))

9-04-400 Public morals.

A. 1. Every house of ill-fame or house of assignation where men and women resort for the purpose of fornication, prostitution, or lewdness is hereby declared to be a nuisance.

2. No person shall keep or maintain a house of ill-fame or assignation, or a place for the practice of fornication, prostitution, or lewdness. Each twenty-four (24) hours that such house or place shall be kept or maintained for such purpose shall constitute a separate and distinct offense.

3. No person shall patronize, frequent, be found in, or be an inmate of any such house or place used for any of the purposes set forth in this section.

4. No person shall lease to another any house, room, or other premises, in whole or in part, for any of the uses or purposes set forth in this section or knowingly permit the same to be used or occupied for such purposes.

B. 1. No person knowingly shall direct, take, transport, or offer to direct, take, or transport, any person for immoral purposes to any other person, or assist any person by any means to seek or to find any prostitute or other person engaged in immoral practices, or any brothel, bawdy house, or any other place of ill-fame.

2. Any person that shall violate the provisions of this section shall be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense.

C. 1. No person shall knowingly receive any person for purposes of lewdness, assignation, or prostitution into or upon any vehicle or other conveyance or permit any person to remain for any of the said purposes in or upon any such vehicle or other conveyance.

2. Any person that shall violate the provisions of this section shall be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense.

D. The license of any such person or employees thereof directly involved in the violation of subsections B or C of this section may be revoked, and also the license of the vehicle or conveyance used may be revoked in the discretion of the mayor. No license so revoked hereunder shall be reinstated until the lapse of a period of one year after such revocation.

E. It is unlawful for any prostitute, solicitor to prostitution, or any person of evil fame or repute, to ply his vocation upon the public ways or other public places in the city.

F. It is unlawful for any habitual drunkard, any person known to be a narcotic addict, any person known to be a prostitute, or any person who aids or abets prostitution, or for any person previously convicted of a felony, of prostitution, or of aiding and abetting prostitution, to assemble or congregate with other persons of any of the foregoing classes in or upon the public ways or other public places in the city, or to loaf or loiter in or about or frequent the premises of any place where intoxicating liquors are sold.

G. No person shall commit any indecent, lewd, or filthy act in any public place in the city; shall utter any lewd or filthy words, sing any song the words of which are suggestive of indecency or immorality, or use any threatening or abusive language in the hearing of other persons; shall make any obscene gesture in the presence of other persons; or, shall make any overture of lewdness, tending to pervert the morals of any person, upon or in the public ways or other public places or in any public conveyance in the city.

H. No person who shall appear in a public place in a state of nudity, or in a dress not belonging to his or her sex, with intent to conceal his or her sex, or in an indecent or lewd dress, or shall make any indecent exposure of his or her person.

I. It is unlawful for any person to exhibit, sell, offer to sell, circulate, or distribute any indecent or lewd book, picture, or other thing of an immoral or scandalous nature, or exhibit in any place where the same can be seen from the public way, or in a public place frequented by children, any picture representing a person in a nude state which is not connected with any art or educational exhibition, or exhibit or perform any indecent, immoral, or lewd play or other representation.

J. It is unlawful for any person to sell, or to offer to exhibit for sale, in sealed form, or in any form which indicates that the sale thereof is surreptitious or contrary to law, any book, pamphlet, or literature of any kind bearing the title of some well-known book of salacious character, or bearing the title of a book of which the contents are actually lewd, lascivious, obscene, immoral, or indecent. It is likewise unlawful to sell, or to offer or exhibit for sale, any book, pamphlet, or literature of any kind having anything about it which indicates that its contents are of an obscene, immoral, lewd, lascivious, or indecent character, or to sell, or to offer or exhibit for sale, any book, pamphlet, or literature of any kind under the guise or pretense that the same is obscene, immoral, lewd, lascivious, or indecent, or in a manner that indicates concealment of anything as contrary to law or immoral contained therein, or to use any pretense, trick, fraud, artifice, or device to convey the impression that such book, pamphlet, or literature is lewd, lascivious, indecent, obscene, or immoral, whether such pretense, trick, fraud, artifice or device is a misrepresentation in regard to the contents of the same or not.

K. It is unlawful for any person to sell, offer for sale, attempt to sell, exhibit, give away, or in any way furnish or attempt to furnish to any person under the age of seventeen (17) years any photograph, drawing, book, magazine, pamphlet, comic book or other publication which, considered as a whole, is obscene. Such an “obscene” photograph, drawing, book, magazine, pamphlet, comic book or other publication shall include any photograph, book, magazine, pamphlet, comic book or other publication which, considered as a whole, has the dominant effect of substantially amusing sexual desires in persons under the age of seventeen (17) years, the probability of which effect is so great as to outweigh whatever artistic, literary, historical or other merits such photographs, drawing, book, magazine, pamphlet, comic book or other publication may possess.

L. Any person violating any of the provisions of subsection (K) of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00). Each day that such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. If more than one publication prohibited hereunder shall be sold, offered for sale, exhibited, given away or in any way furnished or attempted to be furnished to any such person in violation of subsection (K) of this section, the sale, offer, exhibiting, giving away or in any way furnishing or attempting to furnish to any such person of each separate publication prohibited hereunder shall constitute a separate offense and shall be punished as such hereunder.

M. No person shall sell or offer to sell, give away, offer to give away, distribute, or have in his possession with intent to give away, sell, or distribute in or upon any public way or other public place of the city, any book, pamphlet, circular, handbill, advertisement, or notice of any kind purporting to treat of, or treatment of diseases known as “venereal diseases,” describing, explaining, or purporting to describe or explain the genital organs, giving or purporting to give the nature and remedies of diseases peculiar to females, uterine diseases, or the nature or causes of nervous debility, impotency, sterility or barrenness, gonorrhea, gleet, stricture, syphilis, affection of prostrate gland, or the remedies therefor, or the cause of remedies for abortion or miscarriage, or articles or means of preventing conception, or giving or purporting to give information from whom or where medicine or anything whatever may be obtained for the prevention, treatment, or cure of any of the above mentioned diseases or conditions.

N. 1. No person shall advertise, print, publish, or cause to be advertised, printed, or published in any newspaper or other publication having a general circulation in the city, or which is sold or offered for sale within the city, any advertisement, notice, or mention of any kind giving or purporting to give any information of, from whom, or where, apparatus, medicine, remedies, or alleged cures may be obtained for the cure, prevention, or treatment of uterine diseases or of diseases peculiar to females, or of venereal diseases or of diseases of the genital organs, or of nervous debility, impotence, sterility or barrenness, or of gonorrhea, gleet, stricture, syphilis, or affections of the prostrate gland, or from whom or where may be obtained any advice, information, direction, or knowledge of any drug, medicine, mixture, preparation, instrument, apparatus, or means of any kind for the purpose of causing or procuring a miscarriage by any woman pregnant with child, or for the purpose of causing or producing an abortion, or for the purpose of preventing conception.

2. No person shall post or cause to be posted on any advertising vehicles, or upon in any place within the city where the same can be seen from the public ways or other public places of the city, any advertisement, handbill, or notice of any character giving or purporting to give information from whom or where medicine or remedies of any kind may be obtained for the cure, prevention, or treatment of any of the above-mentioned diseases or conditions.

O. It is unlawful for any person to own or operate any exhibition commonly known as a museum of anatomy, or other exhibition, show, or place of amusement which is open to the general public, whether or not admission thereto is restricted by sex and age, or whether or not a fee for admission thereto is charged, wherein the principal part of the exhibition is illustrative of the human anatomy, or wherein are exhibited any books, pamphlets, circulars, pictures, charts, diagrams, models, casts, or other articles, paintings, drawings, or designs of any kind illustrating or describing the genital organs or containing any other obscene, lewd, indecent, or immoral exhibition of any kind, when such museum or other exhibition is conducted for gain or profit, either directly or indirectly, or for the purpose of advertising, or in connection with a place where medical treatment is offered or medicine is sold, or for any immoral purpose.

P. 1. No person shall swim or bathe in any public bathing or public swimming pool in the city, unless such person is clothed in a suitable bathing dress.

2. Any person violating the provisions of this section shall be fined not less than five dollars ($5.00) nor more than one hundred dollars ($100.00) for each offense.

Q. 1. It is unlawful for any person to insert, or to attempt to insert, into the coin box or money receptacle of any telephone, any slug, button, or other substance, or to manipulate or operate, or to attempt to manipulate or operate, in any manner whatever, any telephone instrument or any mechanism or device connected or commonly used therewith, with the intent to obtain telephone service without paying therefor.

2. It is unlawful for any person to insert, or to attempt to insert, into the coin box or money receptacle of any telephone, any slug, button, wire, hook, or other implements or substances with the intent to obtain from such coin box or money receptacle a legal tender coin of the United States. (Prior code § 8-1-1 (§ 40))

9-04-410 Penalty.

Any person violating any of the provisions of this chapter, where no other penalty is specifically provided, shall be fined not more than five hundred dollars ($500.00) for each offense. (Prior code § 8-1-1 (§ 41))

9-04-420 Loud or raucous noises prohibited.

A. It is unlawful for any person to create or maintain beyond a thirty (30) foot hearing distance, upon or proximate to any residence, yard, public way, street, sidewalk, thoroughfare or automobile, any distinct and loud audible noise of any kind by means of live band, DJ, mechanical or electronic devices, including but not limited to sound amplifiers, radios, cassette players, stereo equipment, DJ, band, automobiles and loudspeakers. All noise must end by eight p.m. on weeknights and weekends unless the property owner has obtained a special event permit.

B. A special event permit must be obtained from the city clerk for live music, DJ or band.

C. Any person who violates this section after a warning shall be subject to a fine of three hundred dollars ($300.00) per violation. If fines remain unpaid after the statutory period all actions will be taken under full force and effect of Illinois law. (Ord. 3364 § 1, 2018: Ord. 2611 § 1, 1989)

9-04-430 Solicitation for prostitution.

A. For the purposes of this section:

1. “Public place” means any street, sidewalk, bridge, alley or alleyway, plaza, park, driveway, parking lot, or transportation facility or the doorways and entranceways to any building which fronts on any of the aforesaid places, or a motor vehicle in or on any such place, or any other public way.

2. “Prostitution,” “pandering” and “soliciting for a prostitute” have the same meanings given them in the Illinois Criminal Code, as amended.

B. Any person who remains or wanders about in a public place and repeatedly beckons to, or repeatedly attempts to engage passers-by in conversation, or repeatedly interferes with the free passage of other persons, for the purpose of prostitution or of soliciting for a prostitute or pandering shall be guilty of a violation of this section.

C. Any person who by any overt acts in or upon the public ways or in any hotel, motel or other public place of accommodation or public conveyances or in any establishment licensed to sell alcoholic beverages offers to perform or who solicits for another person to perform any act of prostitution shall upon conviction be fined one hundred dollars ($100.00) for the first offense and be fined five hundred dollars ($500.00) for the second offense and shall be punished as a misdemeanor for each subsequent offense by incarceration in the county jail for a term not to exceed six (6) months under procedures set forth in Section 5/1-2-1.1 of the Illinois Municipal Code (Illinois Compiled Statutes, Chapter 65, Paragraph 5/1-2-1.1) as amended or by both fine and imprisonment.

D. A motor vehicle that is used in the violation of this section or in the commission of prostitution as defined in Section 5/11-14 of the Criminal Code of 1961 (Chapter 720, Illinois Compiled Statutes), soliciting for a prostitute as defined in Section 5/11-15 of such code, patronizing a prostitute as defined in Section 5/11-18 of such code, or patronizing a juvenile prostitute as defined in Section 5/11-18.1 of such code, shall be subject to seizure and impoundment under this subsection and in accordance with the procedures set forth in Section 9-52-010 of this code. The owner of record of such vehicle shall be liable to the city for an administrative penalty of five hundred dollars ($500.00) in addition to fees for the towing and storage of the vehicle. (Ord. 3421 § 1, 2021; Ord. 3084 § 3, 2001)

9-04-440 Obeying a police officer.

Any person who fails to comply with any lawful order of any police officer of the city shall be guilty of the offense of failure to obey a police officer and fined a minimum of twenty-five dollars ($25.00) and up to a maximum of one hundred dollars ($100.00) for a second or more subsequent violation of this chapter. (Ord. 3087, 2001)

9-04-450 Youth parties; also referred to as “rave parties.”

A. Definition. A youth or rave party (hereinafter referred to as a “youth party”) is a party or event:

1. Which primarily attracts persons between the ages of sixteen (16) and twenty-five (25) years of age; and

2. At which admission is charged by the promoter or holder of the party for the purpose of collecting revenues above and beyond the cost of holding the party; and

3. To which the general public is invited (as opposed to parties held by private individuals to honor specific persons or events and for which invitations are sent to select friends and relatives).

B. License Required. No person may open, hold, maintain, sponsor or promote any youth party without first having obtained a license or permit from the city using the application form provided by the city.

C. Restrictions and Regulations for Youth Parties.

1. Hours. Youth parties may be held only during the hours of noon through ten p.m. on Sunday through Thursday and between the hours of noon through 11:59 p.m. on Fridays and Saturdays.

2. Alcoholic Beverages. No alcoholic beverages may be served, brought into or consumed at a youth party and no liquor license shall be available for such party.

3. Location. A youth party may not be held in a residential zoning district within the city except when sponsored by and held at a school, house of worship or park district facility.

4. Facilities. A youth party may be held only within a building that is designed for and currently meets each and every code standard for places of public assemblies, including but not limited to all fire sprinkling requirements. The use of portable toilet facilities shall not be permitted for youth parties. The facility shall provide parking in accordance with the city requirements of public assemblies, but under no circumstances shall such requirement be less than one (1) parking space for every two (2) seats or possible occupants at the facility, whichever is greater.

5. In addition to all of the above requirements, the holding of a youth party at a warehouse or recreational type of facility is specifically prohibited. (Ord. 3088 § 1, 2001)

9-04-460 Sex offenders residence location restriction.

A. Definitions. For purposes of this section, the following terms shall be defined as follows:

“Day care center” means a day care center or a child care institution as defined in the Illinois Child Care Act, 225 ILCS 10/1 et seq., except excluding care provided in a family home.

“Designated offender” means any person who is defined as a “sex offender” or a “sexual predator” under the Illinois Sex Offender Registration Act, 730 ILCS 150/1 et seq., and who is required to register as such under the Act, when the victim of the conduct giving rise to such designation was a person less than eighteen (18) years of age.

“Playground” means a piece of land owned or controlled by a unit of government that is designated by the unit of local government for use solely or primarily for children’s recreation.

“Prohibited zone” means within five hundred (500) feet of any of the following uses:

1. Day care center;

2. Public park or playground;

3. School.

“Public park” includes a park, forest preserve, bikeway, trail or conservation area under the jurisdiction of the state or a unit of local government.

“Reside” means abide, dwell, inhabit or stay for (i) more than fourteen (14) days in the aggregate during a twelve (12) month period or (ii) four (4) or more consecutive or nonconsecutive days in any month.

“Residence” means a place where a person abides, dwells, inhabits or stays. To be deemed a residence does not require the person to have an ownership interest in or a formal rental or lease agreement for the place. A hotel, motel, or other commercial lodging establishment, boarding house or shelter, and group home may be deemed a person’s residence under this section.

“School” means a public or private pre-school, elementary school, middle school or high school.

B. Restriction on Location of Residence. It is unlawful for any designated offender to reside in a residence that is in a prohibited zone.

For purposes of determining the minimum distance separation, the five hundred (500) foot requirement shall be measured from any property line of the lot or parcel on which the subject residence is located to the nearest property line of the subject use in a prohibited zone.

C. Exceptions. A designated offender residing within a prohibited zone is not in violation of this section if any of the following applies:

1. The designated offender began residing in the residence and reported and registered the residence pursuant to Section 3 of the Illinois Sex Offender Registration Act, 730 ILCS 150/3, prior to the effective date of this section.

2. The designated offender is under the age of eighteen (18) and resides with a parent or legal guardian.

3. The school, park, playground, or day care center that is located within five hundred (500) feet of the designated offender’s residence commenced operation after the designated offender established residence and reported and registered the residence pursuant to Section 3 of the Illinois Sex Offender Registration Act, 730 ILCS 150/3.

4. The designated offender owned and resided at the residence at the time of committing the offense that gave rise to the sex offender registration requirement under Section 3 of the Illinois Sex Offender Registration Act, 730 ILCS 150/3, and has retained ownership of the residence since that time.

D. Restriction on Renting Residences. It is unlawful to let or rent to a designated offender any place, building, trailer or other structure, or part thereof, that is located in a prohibited zone.

E. Any person, firm or corporation who violates this section shall be fined not less than one hundred dollars ($100.00). Each day that a violation continues shall constitute a separate offense for purposes of this penalty. (Ord. 3410 § 1, 2020)

9-04-470 Sex offenders registration requirement.

Any person who is defined as a sex offender or a sexual predator in the Illinois Sex Offender Registration Act, 730 ILCS 150/1 et seq., and who is required to register by Section 3 of that Act shall register with the city police department in the manner specified in the Act and in accordance with the procedures established by the department. Such person shall pay to the police department a one hundred dollar ($100.00) initial registration fee and a one hundred dollar ($100.00) annual renewal fee or such other fee set by the Act if amended. (Ord. 3410 § 2, 2020)

9-04-480 Violent offenders against youth registration requirement.

Any person who was convicted of first-degree murder or who is defined as a violent offender of youth in the Illinois Murderer and Violent Offender Against Youth Registration Act, 730 ILCS 154/1 et seq., and who is required to register by that Act, shall register with the city police department in the manner specified in the Act and in accordance with the procedures established by the department. Such person shall pay to the police department a twenty dollar ($20.00) initial registration fee and a ten dollar ($10.00) annual renewal fee or such other fee set by the Act if amended. (Ord. 3410 § 3, 2020)

9-04-490 Other criminal violations and vehicle impoundment.

A. No motor vehicle shall be used during the aiding or abetting or commission of a felony or forcible felony, as those terms are defined in the Illinois Criminal Code, 720 ILCS 5/2-7, 2-8.

B. A motor vehicle that is used in the violation of this section shall be subject to seizure and impoundment under this section and in accordance with the procedures set forth in Section 9-52-010 of this code. The owner of record of such vehicle shall be liable to the city for an administrative penalty of five hundred dollars ($500.00) in addition to fees for the towing and storage of the vehicle. (Ord. 3421 § 2, 2021)

9-04-500 Unlawful firearm in motor vehicle and vehicle impoundment.

A. No vehicle shall (1) be used in connection with a violation of Article 24 of the Illinois Criminal Code of 1961 (720 ILCS 5/24-1 et seq.); or (2) contain a firearm or ammunition for which a firearm owner’s identification card is required under the Illinois Owner’s Identification Card Act (430 ILCS 65/0.01 et seq.) and one is not presented; or (3) contain an unregistered firearm; or (4) contain a firearm that is not broken down in a nonfunctioning state.

9-04-510 Unlawful fireworks in motor vehicle and vehicle impoundment.

A. No vehicle shall contain any illegal fireworks.

B. Nothing contained in this section shall be construed as applying to the transportation of any article or thing shipped in conformity with the regulations prescribed by the Interstate Commerce Commission, nor as applying to the military or naval forces of the United States.

C. A motor vehicle that is used in the violation of this section shall be subject to seizure and impoundment under this section and in accordance with the procedures set forth in Section 9-52-010 of this code. The owner of record of such vehicle shall be liable to the city for an administrative penalty of five hundred dollars ($500.00) in addition to fees for the towing and storage of the vehicle. (Ord. 3421 § 4, 2021)

9-04-520 Motor vehicles involved in an unlawful attempt to flee or elude police officers and vehicle impoundment.

A. No motor vehicle shall be involved in an unlawful attempt to flee or elude police officers.

B. A police officer shall, if possible, record the vehicle make and color, and the issuing state and number of the license plate of a vehicle that the officer has attempted to stop through use of the emergency signal equipment on the officer’s vehicle. If the operator of the other vehicle fails or refuses to stop, and if the police officer forgoes or abandons pursuit of the other vehicle for reasons of public safety, the officer shall report the recorded information to the watch commander on duty, for delivery to appropriate sections of the police department responsible for impoundment and towing of vehicles.

C. The police officer’s report shall also include: the date, approximate time and approximate location of the attempted stop; the reason for the attempted stop; the emergency signal equipment activated by the police officer; the public safety considerations that caused the police officer to forgo or abandon pursuit of the described vehicle.

D. The police department shall send a notice of intent to impound the vehicle described in the police officer’s report to the owner of record of the vehicle. The notice shall be sent either by first class mail or by messenger to the address of the owner of record as indicated in state registration records. The notice shall include the following: a statement that the operator of the vehicle failed or refused to stop when ordered to do so by a city of Harvey police officer; the date, approximate time and approximate location of the event; the description of the vehicle as contained in the officer’s report; and notice of an opportunity to contest eligibility for impoundment. A copy of the notice shall be forwarded to the department of administrative hearings. A notice is presumed delivered upon being deposited with the United States Postal Service with proper postage affixed.

E. A motor vehicle that is used in the violation of this section shall be subject to seizure and impoundment under this section and in accordance with the procedures set forth in Section 9-52-010 of this code. The owner of record of such vehicle shall be liable to the city for an administrative penalty of five hundred dollars ($500.00) in addition to fees for the towing and storage of the vehicle. (Ord. 3421 § 5, 2021)

9-04-530 Street racing and vehicle impoundment.

A. No person shall drive or be in actual physical control of a motor vehicle within the city while participating in street racing as defined in 625 ILCS 5/11-506.

B. A motor vehicle that is used in the violation of subsection A of this section shall be subject to seizure and impoundment under this subsection and in accordance with the procedures set forth in Section 9-52-010 of this code. The owner of record of such vehicle shall be liable to the city for an administrative penalty of five hundred dollars ($500.00) in addition to fees for the towing and storage of the vehicle. (Ord. 3421 § 6, 2021)

9-04-540 Intimidation.

A person commits intimidation when, with intent to cause another to perform or to omit the performance of any act, he or she communicates to another, directly or indirectly by any means, a threat to perform without lawful authority any of the following acts:

A. Inflict physical harm on the person threatened or any other person or on property; or

B. Subject any person to physical confinement or restraint; or

C. Commit a felony or Class A misdemeanor; or

D. Accuse any person of an offense; or

E. Expose any person to hatred, contempt or ridicule; or

F. Take action as a public official against anyone or anything, or withhold official action, or cause such action or withholding; or

G. Bring about or continue a strike, boycott, or other collective action. (Ord. 3480 § 2, 2023)

9-04-550 Patronizing a prostitute.

Any person who knowingly performs any of the following acts with a person not his or her spouse commits patronizing a prostitute:

A. Engages in an act of sexual penetration as defined in 720 ILCS 5/11-0.1 with a prostitute; or

B. Enters or remains in a place of prostitution with intent to engage in an act of sexual penetration as defined in 720 ILCS 5/11-0.1; or

C. Engages in any touching or fondling with a prostitute of the sex organs of one person by the other person, with the intent to achieve sexual arousal or gratification. (Ord. 3480 § 2, 2023)

9-04-560 Promoting prostitution.

Any person who knowingly performs any of the following acts commits promoting prostitution:

A. Advances prostitution as defined in Section 9-04-430; or

B. Profits from prostitution by:

1. Compelling a person to become a prostitute;

2. Arranging or offering to arrange a situation in which a person may practice prostitution. (Ord. 3480 § 2, 2023)

9-04-570 Retail theft.

A person commits retail theft when he or she knowingly:

A. 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 permanently of the possession, use or benefit of such merchandise without paying the full retail value of such merchandise; or

B. 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 at less than the full retail value with the intention of depriving the merchant of the full retail value of such merchandise; or

C. 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

D. Under-rings with the intention of depriving the merchant of the full retail value of the merchandise; or

E. 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

F. Represents to a merchant that he, she, or another is the lawful owner of the property in exchange for money, merchandise credit or other property of the merchant; or

G. Uses or possesses any theft detection shielding device or remover with the intention of using such device to deprive the merchant permanently 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. (Ord. 3480 § 2, 2023)

9-04-580 Theft.

A person commits theft when he or she knowingly:

A. Obtains or exerts unauthorized control over property of the owner; or

B. Obtains by deception control over property of the owner; or

C. Obtains by threat control over property of the owner; or

D. Obtains control over stolen property knowing the property to have been stolen or under such circumstances as would reasonably induce him or her to believe that the property was stolen; or

E. Obtains or exerts control over property in the custody of any law enforcement agency with any law enforcement officer or any individual acting in behalf of the law enforcement agency explicitly represents to the person as being stolen or represents to the person such circumstances as would reasonably induce the person to believe that the property was stolen; and

1. Intends to deprive the owner permanently of the use or benefit of the property; or

2. Knowingly uses, conceals or abandons the property in such a manner as to deprive the owner permanently of such use or benefit; or

3. Uses, conceals, or abandons the property knowing such use, concealment or abandonment probably will deprive the owner permanently of such use or benefit. (Ord. 3480 § 2, 2023)