CHAPTER 136:
Offenses Against Public Health and Safety
Section
Litter
136.02 Dumping or depositing of litter prohibited; exemptions
136.03 Dumping or depositing litter from motor vehicle prohibited
136.04 Accumulation of litter prohibited
136.05 Presumption of violation by operator throwing litter from motor vehicle
136.06 Receptacles required in public areas
136.07 Power of court to order removal of litter
Drug Paraphernalia Control
136.17 Possession of drug paraphernalia
136.18 Limitation on applicability of act
136.22 Possession of controlled substance
LITTER
136.01 DEFINITIONS.
For the purposes of §§ 136.01 through 136.07 the following words and phrases shall have the following meanings ascribed to them respectively.
LITTER. Any discarded, used, or unconsumed substance or waste. LITTER may include, but is not limited to, any garbage, trash, refuse, debris, rubbish, grass clippings, or other lawn or garden waste; newspaper, magazines, glass, metal, plastic or paper containers, or other packaging construction material, abandoned vehicle, as defined in the Illinois Vehicle Code, motor vehicle parts, furniture, oil, carcass of a dead animal, any nauseous or offensive matter of any kind; any object likely to injure any person or create a traffic hazard, potentially infectious medical waste as defined in ILCS Ch. 415, Act 5, § 3.360; or anything else of an unsightly or unsanitary nature, which has been discarded, abandoned, or otherwise disposed of improperly. (ILCS Ch. 415, Act 105, § 3)
MOTOR VEHICLE. As defined in Chapter 70 of this Code of Ordinances.
136.02 DUMPING OR DEPOSITING OF LITTER PROHIBITED; EXEMPTIONS.
(A) No person shall dump, deposit, drop, throw, discard, leave, cause, or permit the dumping, depositing, dropping, throwing, discarding, or leaving of litter upon any public or private property in this city, or upon or into any river, lake, pond, or other stream or body of water in this city unless:
(1) The property has been designated by the city or any of its agencies for the disposal of litter, and the litter is disposed of on that property in accordance with the applicable rules and regulations of the state Pollution Control Board;
(2) The litter is placed into a receptacle or other container intended by the owner or tenant in lawful possession of that property for the deposit of litter;
(3) The person is the owner or tenant in lawful possession of the property or has first obtained the consent of the owner or tenant in lawful possession, or unless the act is done under the personal direction of the owner or tenant and does not create a public health or safety hazard, a public nuisance, or a fire hazard;
(4) The person is acting under the direction of proper public officials during special cleanup days; and/or
(5) The person is lawfully acting in or reacting to an emergency situation where health and safety is threatened, and removes and properly disposes of any litter, including but not limited to potentially infectious medical waste as defined in ILCS Ch. 415, Act 5, § 3.360, when the emergency situation no longer exists.
(B) Any person convicted of a violation of this section shall be fined not less than $10 nor more than $500.
(ILCS Ch. 415, Act 105, §§ 4 and 8(a))
136.03 DUMPING OR DEPOSITING LITTER FROM MOTOR VEHICLE PROHIBITED.
(A) No person shall dump, deposit, drop, throw, discard, or otherwise dispose of litter from any motor vehicle upon any public highway, upon any public or private property or upon or into any river, lake, pond, stream, or body of water in this city except as permitted under § 136.02 (A)(1) through (5). Nor shall any person transport, by any means, garbage or refuse from any dwelling, residence, place of business, farm, or other site to and deposit the material in, around, or on top of trash barrels or other receptacles placed along public highways or at roadside rest areas.
(B) Any person convicted of a violation of this section shall be fined not less than $10 nor more than $500.
(ILCS Ch. 415, Act 105, §§ 5 and 8(a))
136.04 ACCUMULATION OF LITTER PROHIBITED.
(A) No person shall allow litter to accumulate upon real property, of which the person charged is the owner or tenant in control, in such a manner as to constitute a public nuisance or in such a manner that the litter may be blown or otherwise carried by the natural elements on to the real property of another person.
(B) Any person convicted of a violation of this section shall be fined not less than $10 nor more than $500.
(ILCS Ch. 415, Act 105, §§ 6 and 8(a))
136.05 PRESUMPTION OF VIOLATION BY OPERATOR THROWING LITTER FROM MOTOR VEHICLE.
Whenever litter is thrown, deposited, dropped, or dumped from any motor vehicle not carrying passengers for hire, the presumption is created that the operator of that motor vehicle has violated § 136.03, but that presumption may be rebutted.
136.06 RECEPTACLES REQUIRED IN PUBLIC AREAS.
(A) In order to assist the public in complying with this chapter, the owner or person in control of any property which is held out to the public as a place for assemblage, the transaction of business, recreation, or as a public way shall cause to be placed and maintained receptacles for the deposit of litter of sufficient volume and in sufficient numbers to meet the needs of the numbers of people customarily coming on or using the property.
(B) For purposes of this section, PROPERTY HELD OUT TO THE PUBLIC FOR THE TRANS-ACTION OF BUSINESS includes, but is not limited to commercially operated parks, campgrounds, drive-in restaurants, automobile service stations, business parking lots, car washes, shopping centers, marinas, boat launching areas, industrial parking lots, boat moorage and fueling stations, piers, beaches and bathing areas, airports, roadside rest stops, drive-in movies, and shopping malls; and PROPERTY HELD OUT TO THE PUBLIC FOR ASSEMBLAGE, RECREATION, OR AS A PUBLIC WAY includes, but is not limited to any property that is publicly owned or operated for any of the purposes stated in the definition in this division for PROPERTY HELD OUT TO THE PUBLIC FOR THE TRANSACTION OF BUSINESS but excludes state highway rights-of-way and rest areas located thereon.
(C) If no litter receptacles are placed on property described in this section, the owner or person in control of the property shall be fined $100 for violating this section. If the owner or person in control of the property has placed litter receptacles on his property but the number or size of the receptacles has proved inadequate to meet the needs of the numbers of people coming on or using his property as indicated by the condition and appearance of that property, and the owner or person in control has failed to provide sufficient or adequate receptacles within ten days after being made aware of that fact by written notice from the police, he shall be fined $25 for each receptacle not so provided and maintained.
136.07 POWER OF COURT TO ORDER REMOVAL OF LITTER.
The penalties prescribed in this chapter are in addition to, and not in lieu of any penalties, rights, remedies, duties, or liabilities which may be otherwise imposed or conferred by a court.
(ILCS Ch. 415, Act 105, § 8(c))
DRUG PARAPHERNALIA CONTROL
136.15 SHORT TITLE
This subchapter shall be known and may be cited as the “Drug Paraphernalia Control Ordinance.”
(Ord. 1997-9, passed 10-28-97)
136.16 DEFINITIONS
As used in this subchapter, unless the context otherwise requires:
CANNABIS. The meaning ascribed to it in Section 3 of “Cannabis Control Act” [ILCS Ch. 720, Act 550, § 3], as if that definition were incorporated herein.
CONTROLLED SUBSTANCE. The meaning ascribed to it in Section 102 of the “Illinois Controlled Substances Act” [ILCS 720, Act 570, § 102], as if that definition were incorporated herein.
DELIVER or DELIVERY. The actual, constructive or attempted transfer of possession, with or without consideration, whether or not there is an agency relationship.
DRUG PARAPHERNALIA. All equipment, products and materials of any kind which are peculiar to and marketed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body cannabis or a controlled substance in violation of the “Cannabis Control Act” [ILCS Ch. 720, Act 550, §§ 1 et seq.] or the “Illinois Controlled Substances Act” [ILCS Ch. 720, Act 570, §§ 100 et seq.]. It includes, but is not limited to:
(1) Kits peculiar to and marketed for use in manufacturing, compounding, converting, producing, processing or preparing cannabis or a controlled substance;
(2) Isomerization devices peculiar to and marketed for use in increasing the potency of any species of plant which is cannabis or a controlled substance;
(3) Testing equipment peculiar to and marketed for private home use in identifying or in analyzing the strength, effectiveness or purity of cannabis or controlled substances;
(4) Diluents and adulterants peculiar to and marketed for cutting cannabis or a controlled substance by private persons;
(5) Objects peculiar to and marketed for use in ingesting, inhaling, or otherwise introducing cannabis, cocaine, hashish, or hashish oil into the human body including, where applicable, the following items:
(a) Water pipes;
(b) Carburetion tubes and devices;
(c) Smoking and carburetion masks;
(d) Miniature cocaine spoons and cocaine vials;
(e) Carburetor pipes;
(f) Electric pipes;
(g) Air-driven pipes;
(h) Chillums;
(i) Bongs;
(j) Ice pipes or chillers;
(6) Any item whose purpose, as announced or described by the seller, is for use in violation of this Act.
(Ord. 1997-9, passed 10-28-97)
136.17 POSSESSION OF DRUG PARAPHERNALIA.
(A) A person who knowingly possesses an item of drug paraphernalia with the intent to use it in ingesting, inhaling, or otherwise introducing cannabis or a controlled substance into the human body, or in preparing cannabis or a controlled substance for that use is guilty of an ordinance violation.
(B) In determining intent under division (A) of this section, the trier of fact may take into consideration the proximity of the cannabis or controlled substances to drug paraphernalia or the presence of cannabis or a controlled substance on the drug paraphernalia.
(C) Any person who violates any provision of this section shall be subject to a minimum fine of $500 plus court costs and attorney’s fees up to a maximum of $750.
(D) 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 Chief of Police is directed to accept the sum of $400 in settlement of any 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. 1997-9, passed 10-28-97; Am. Ord. 2008-13, passed 12-9-08)
136.18 LIMITATION ON APPLICABILITY OF ACT.
This subchapter shall not apply to:
(A) Items marketed for use in the preparation, compounding, packaging, labeling, or other use of cannabis or a controlled substance as an incident to lawful research, teaching, or chemical analysis and not for sale; or
(B) 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. Items exempt under this subsection include, but are not limited to, garden hoes, rakes, sickles, baggies, tobacco pipes, and cigarette-rolling papers.
(C) Items listed in § 136.09 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 Act. In determining whether or not a particular item is exempt under this subsection, the trier of fact should consider, in addition to all other logically relevant factors, the following:
(1) The general, usual, customary, and historical use to which the item involved has been put;
(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 device upon its functioning;
(3) Any written instructions accompanying the delivery of the item concerning the purpose or uses to which the item can or may be put;
(4) Any oral instructions provided by the seller of the item at the time and place of sale or commercial delivery;
(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;
(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;
(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;
(8) The existence and scope of legitimate uses of the object in the community.
(Ord. 1997-9, passed 10-28-97)
136.19 FORFEITURE.
(A) All drug paraphernalia is subject to forfeiture.
(B) Property subject to forfeiture under this Act may be seized by any peace officer upon process issued by any court having jurisdiction over the property. Judgements in favor of the state in a criminal or forfeiture proceeding based upon this Act against a person’s specific property shall serve as process authorizing a police officer to seize such property without further process. Seizure by a police officer may be made without process.
(1) If there is probable cause to believe that the property is directly dangerous to health or safety and existing circumstances do not allow reasonable time for the officer to obtain lawful process; or
(2) In accordance with the provisions of the Code of Criminal Procedure of 1963, as amended [ILCS Ch. 725, Ch. 5, § 100-1 et seq.].
(3) The presence of items which are deemed violative of this Act or are otherwise subject to its forfeiture provisions in an inventory shall not subject the entire inventory to seizure or forfeiture.
(C) Property taken or detained under this section shall not be subject to replevin, but is deemed to be in the custody of the law enforcement department or agency employing the seizing officer, subject only to the order and judgements of the circuit court having jurisdiction over the forfeiture proceedings. When property is seized under this subchapter, the Chief of Police may place the property under seal, or remove the property to a place designated by him.
(D) No disposition may be made of property under seal until the validity of the seizure has been determined in a Circuit Court, unless such court upon application thereof, orders the sale of perishable substances and the deposit of the proceeds of the sale with the Clerk of the Court. The Circuit Court shall rule on the validity of the seizure within 30 days after the seizure, unless a continuance is obtained by a person from whom the items were seized or a person who otherwise has standing to complain, or by the city for good cause shown. In no event shall a continuance be granted to the city pursuant to this section extend beyond 30 days. If judgement is entered in favor of the person from whom the property is seized, all seized property shall be returned immediately. Appeals from orders of the Circuit Court shall be heard within 60 days from the date judgement is entered. Judgements in favor of the person entitled to possession of the subject property shall serve as a mandate to the agency holding said property to return same forthwith.
(E) When property is forfeited under this subchapter, the Chief of Police may retain it for official use, or forward it to the Bureau of Narcotics and Dangerous Drugs, United States Department of Justice, or its successor agency, for disposition.
(Ord. 1997-9, passed 10-28-97)
136.20 LEGISLATIVE INTENT.
This subchapter is intended to be used solely for the suppression of the commercial traffic in and possession of items that, within the context of the sale or offering for sale, or possession, are clearly and beyond a reasonable doubt marketed for the illegal and unlawful use of cannabis or controlled substances. To this end, all reasonable and common-sense inferences shall be drawn in favor of the legitimacy of any transaction or item.
(Ord. 1997-9, passed 10-28-97)
136.21 POSSESSION OF CANNABIS.
(A) It is unlawful for any person knowingly to possess any amount of cannabis within the City of Lewistown.
(B) Any person who violates any provision of this section shall be subject to a minimum fine of $500 plus court costs and attorney’s fees up to a maximum of $750.
(C) 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 Chief of Police is directed to accept the sum of $400 in settlement of any 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. 2008-13, passed 12-9-08)
136.22 POSSESSION OF CONTROLLED SUBSTANCE.
(A) Except as otherwise authorized by the Illinois Controlled Substances Act, it is unlawful for any person knowingly to possess any amount of controlled or counterfeit substance or controlled substance analog. A violation of this section with respect to each of the controlled substances listed herein constitutes a single and separate violation of this Act. For purposes of this section, CONTROLLED SUBSTANCE ANALOG or ANALOG means a substance which is intended for human consumption, other than a controlled substance, that has a chemical structure substantially similar to that of a controlled substance in Schedule I or II, or that was specifically designed to produce an effect substantially similar to that of a controlled substance in Schedule I or II. Examples of chemical classes in which controlled substance analogs are found include, but are not limited to, the following: phenethylamines, N-substituted piperidines, morphinans, ecgonines, quinazolinones, substituted indoles, and arylcycloalkylamines. For purposes of this Act, a controlled substance analog shall be treated in the same manner as the controlled substance to which it is substantially similar.
(B) Any person who violates any provision of this section shall be subject to a minimum fine of $700 plus court costs and attorney’s fees up to a maximum of $750.
(C) The Chief of Police is directed to wait no less than 14 days after issuance of a ticket for violation of the above referenced section before forwarding such nontraffic citation to the City Attorney for prosecution. The Chief of Police is directed to accept the sum of $600 in settlement of any 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. 2008-13, passed 12-9-08)