CHAPTER 132:
Offenses Against Public Order
Section
132.01 DISORDERLY CONDUCT.
(A) A person commits disorderly conduct when he knowingly:
(1) Does any act in such unreasonable manner as to alarm or disturb another and to provoke a breach of the peace;
(2) Transmits or causes to be transmitted in any manner to the Fire Department of any city, town, village or fire protection district a false alarm of fire, knowing at the time of such transmission that there is no reasonable ground for believing that such fire exists;
(3) Transmits or causes to be transmitted in any manner to another a false alarm to the effect that a bomb or other explosive of any nature is concealed in such place that its explosion would endanger human life, knowing at the time of such transmission that there is no reasonable ground for believing that such bomb or explosive is concealed in such place;
(4) Transmits or causes to be transmitted in any manner to any peace officer, public officer, or public employee a report to the effect that an offense will be committed, is being committed, or has been committed, knowing at the time of such transmission that there is no reasonable ground for believing that such an offense will be committed, is being committed, or has been committed;
(5) Enters upon the property of another, and for a lewd or unlawful purpose deliberately looks into a dwelling on the property through any window or other opening in it; or
(6) While acting as a collection agency as defined in the “Collection Agency Act” (ILCS Ch. 225, Act 425, §§ 1 et seq. or as an employee of such collection agency, and while attempting to collect an alleged debt, makes a telephone call to the alleged debtor which is designed to harass, annoy or intimidate the allege debtor;
(7) Transmits or causes to be transmitted a false report to the Department of Children and Family Services under § 4 of the “Abused and Neglected Child Reporting Act” (ILCS Ch. 325, Act 5, § 4);
(8) Transmits or causes to be transmitted a false report to the Department of Public Health under the Nursing Home Care Act (ILCS Ch. 210, Act 45, §§ 1-101 et seq.);
(9) Transmits in any manner to the Police Department or Fire Department or any privately-owned and operated ambulance service, a false request for an ambulance, emergency medical technician-ambulance, or emergency medical technician-paramedic knowing at the time there is no reasonable ground for believing that such assistance is required.
(10) Transmits or causes to be transmitted a false report under ILCS Ch. 320, Act 15, §§ 0.01 et seq.
(11) Transmits or causes to be transmitted a false report to any public safety agency without the reasonable grounds necessary to believe that transmitting such a report is necessary for the safety and welfare of the public; or
(12) Calls the number “911” for the purpose of making or transmitting a false alarm or complaint and reporting information when, at the time the call or transmission is made, the person knows there is no reasonable ground for making the call or transmission and further knows that the call or transmission could result in the emergency response of any public safety agency.
(B) In addition to any penalty imposed as set forth in § 130.99, any person convicted of disorderly conduct shall be ordered by the court to perform community service, as set forth under the provisions of ILCS Ch. 720, Act 5, § 26-1.
(ILCS Ch. 720, Act 5, § 26-1(a), (c)) Penalty, see § 130.99
132.02 CURFEW.
(A) It is unlawful for a person less than 18 years of age to be present at or upon any public assembly, building, place, street, or highway at the following times unless accompanied and supervised by a parent, legal guardian, or other responsible companion at least 18 years of age approved by a parent or legal guardian or unless engaged in a business or occupation which the laws of the state or this code or other ordinances of the city authorize a person less than 18 years of age to perform:
(1) Between 12:01 a.m. and 6:00 a.m. Saturday;
(2) Between 12:01 a.m. and 6:00 a.m. Sunday; and
(3) Between 11:00 p.m. on Sunday to Thursday inclusive, and 6:00 a.m. on the following day.
(B) It is unlawful for a parent, legal guardian, or other person to knowingly permit a person in his custody or control to violate division (A) above.
(C) A person convicted of a violation of any provision of this section shall be guilty of a petty offense and shall be fined not less than $10 nor more than $100.
Statutory reference:
Authority to impose curfew, see ILCS Ch. 65, Act 5, § 11-1-5
132.03 GAMES IN STREET.
No person shall pursue or play any game, amusement or exercise on the streets, alleys or public grounds in such manner as to impede travel or injure or annoy any person passing along the street or sidewalk.
(’81 Code, § 22.03) Penalty, see § 130.99
132.04 NOISES PROHIBITED.
(A) It shall be unlawful for any person within the city to make, continue or cause to be made or continued, any loud, unnecessary or unusual noise which either annoys, disturbs, injures or endangers the comfort, repose, convenience, health, peace or safety of others, within the limits of the city.
(B) The following acts, without limitation, are declared to be examples of loud, disturbing and unnecessary noises in violation to this section:
(1) Vehicles:
(a) Horns, signaling devices. The sounding of any horn or signaling device on any automobile, motorcycle, or other vehicle on any street or public place of the city, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; the sounding of any such device for an unnecessary and unreasonable period of time; the use of any horn, whistle, or other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up. Authorized emergency vehicles may use warning sounds.
(b) Engine exhausts. The discharge into the open air within the city of the exhaust of any steam engine, gasoline engine, stationary internal combustion engine, or other kind or type of engine, motor boat, or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
(c) Defect in vehicle or load. The use within the city of any wagon, cart, automobile, truck, motorcycle, or other vehicle, so out of repair or loaded in such manner or with material of such nature as to create loud and unnecessary grating, grinding, rattling or other noises.
(d) Loading, unloading: opening boxes. The creation within the city of loud and excessive noise in connection with loading or unloading of any vehicle, or the opening or destruction of bales, boxes, crates, containers, or the like, without exercising reasonable care to limit such noise and to confine the same.
(e) Standing vehicles. The standing of any vehicle with the engine running between the hours of 10:00 p.m. and 7:00 a.m. loud enough to be clearly heard at the boundary of the property on which the sound is produced or reproduced. In the case of vehicles parked on city streets, the boundary in question shall be the boundary between the street on which the vehicle is located and the nearest residence.
(2) Construction, repairing of buildings. The creation (including excavating), demolition, alteration or repair of any building within the city, other than between the hours of 7:00 a.m. and 9:00 p.m. on weekdays, except in case of urgent necessity in the interest of public heath and safety, and then only with the requisite city permit, which permit may be granted for a period up to three days while the emergency continues and which permit may be renewed for periods of three days while the emergency continues.
(3) Drums. The use within the city of any drum or other instrument or device for the purpose of attracting attention, by the creation of noise, to any place of business or entertainment or place of public assembly.
(4) (a) Pile drivers, hammers. The operation within the city between the hours of 9:00 p.m. and 7:00 a.m. of any pile driver, power shovel, pneumatic hammer, derrick or hoist, or other appliance, the use of which is attended by loud or unusual noises.
(b) Blowers. The operation within the city of any noise-creating blower or power fan, the operation of which causes loud disturbing noise, unless such blower or fan is muffled to deaden such noise.
(5) Loudspeakers, amplifiers, paging systems.
(a) Sound on streets. The playing, using, operating, or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the producing or reproducing of sound which is cast upon the public streets of the city.
(b) Restrictions upon hours of permitted use. No machine or device specified in the foregoing paragraph shall be operated between the hours of 10:00 p.m. and 7:00 a.m. from Sunday evening through Friday morning, and between 11:00 p.m. and 7:00 a.m. from Friday evening through Sunday morning and on those evenings preceding national holidays and legal school holidays established by state law in such a manner as to be plainly audible at a distance of 50 feet from the location of such set, instrument or device.
(6) Radios, phonographs, time and use restrictions. The playing, using, operating or permitting to be played, used or operated, any radio receiving set, musical instrument, phonograph, tape player, television receiving set or other machine or device for the producing of reproducing of sound between the hours of 10:00 p.m. and 7:00 a.m. from Sunday evening through Friday morning, and between 11:00 p.m. and 7:00 a.m. from Friday evening through Sunday morning and on those evenings preceding holidays as established by state law, loud enough to be clearly heard at the boundary of the property on which the sound is produced or reproduced.
(7) Schools, courts, churches and hospitals. The creation within the city of any excessive noise in the vicinity of any school institution of learning, church, court or hospital, while the same is in use, which unreasonably interferes with the workings of such institution, or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed at or near such buildings indicating that the same is a school, hospital, court or church.
(9) Hawkers, peddlers. The shouting and crying within the city of peddlers hawkers and vendors which disturbs the peace and quiet of the neighborhood.
(10) Yelling, shouting. Yelling, shouting, hollering, whistling, or singing on the public streets of the city, between the hours of 11:00 p.m. and 7:00 a.m. or at any time or place so as to annoy or disturb the peace, quiet, comfort or repose of persons in any office, or in any dwelling, hotel or other type of residence or of persons in the vicinity within the limits of this city.
(11) Animals, birds. The keeping of any animal or bird shut up or tied up in any yard, enclosure, stable, or other place within the city which, by frequently repeated barking, howling, crying, or singing causing frequent or long continued noise.
(12) Interpretation and legislative intent. It is the intent of the Lewistown City Council that the peaceful and quiet enjoyment of each resident’s property, home, house, apartment and domicile be assured. Accordingly, § 132.04 of the Ordinances of the City of Lewistown shall be broadly interpreted to give force and effect to such section; specifically, no delineation of quiet hours in the section shall ever be interpreted as creating a right or immunity in any person to annoy, disturb, injure or endanger the comfort, repose, convenience, health, peace or safety or continued, any loud, unnecessary or unusual noise as aforesaid, even though such noise be made during nonrestricted hours.
(Ord. 1997-8B, passed 10-28-97)
132.05 TRUANCY.
(A) Any person having custody or control of a child subject to the provisions of the Illinois School Code to whom notice has been given of the child’s truancy and who knowingly and wilfully permits such a child to persist in his truancy within that school year, upon conviction thereof shall be guilty of an ordinance violation. For purposes of this section, during school hours, teachers and school administrators responsible for instruction of a given child are considered to have control of such child; failure of teachers and/or school administrators to take reasonable steps keep students upon school grounds during school hours shall be considered a knowing and willful violation of this section.
(B) Any child between the ages of seven and 17 who is not exempt from school attendance pursuant to 105 ILCS 5/26-1 who is present within the City of Lewistown during hours in which such child’s school is in session shall be guilty of an ordinance violation.
(C) Any person violating this section shall be subject to a fine of not less than $100 nor more than $750. Each day’s violation shall constitute a separate offense.
(D) Any child charged with violation of division (B) of this section shall be reported by the charging officer to the Fulton County Juvenile Probation Office and the Department of Children and Family Services.
(E) Any child charged with violation of division (B) of this section who attends school within the city limits of the City of Lewistown shall be delivered by the Lewistown Police Department to the school such child should be attending and placed into the custody of the highest ranking available school official.
(F) The Chief of Police is directed to wait no less than 14 days after issuance of a nontraffic citation for violation of the above referenced section before forwarding such nontraffic citation to the City Attorney for prosecution. The City Clerk is directed to accept the sum of $50 per count in settlement of any first violation of this section if such sum is received in full prior to the nontraffic citation being forwarded to the City Attorney for prosecution.
(Ord. 2008-4, passed 6-24-08)