Title 6 – Police Regulations
|Abandoned; Wrecked Vehicles||6|
Page last updated 9/3/2021.
|6-1-5:||Special Policeman – Deleted (Ordinance 2007-10).|
|6-1-7:||Power to Arrest|
|6-1-8:||Serving Process Within City|
|6-1-9:||Form of Commission|
|6-1-10:||Appointment and Removal of Police Chief and Members|
|6-1-12:||Part time Officers|
6-1-1: APPOINTMENT: The Mayor by and with the consent of the Council, shall, on the first Monday of May of each year, or as soon thereafter as may be, appoint such number of policemen as the Council by resolution may determine to be necessary, who shall hold their offices for the Municipal year in which they are appointed unless sooner discharged by the Mayor who shall have the right to remove from office any police-watchman or special policeman when in his discretion he may deem it necessary.
No police chief or full-time police officer shall be employed with any other police department or in any other law enforcement or security related job in title or in fact while employed by the City of Farmington without the consent of the Chief of Police, Mayor or City Council. With respect to consent for the Police Chief, such consent needs to be obtained from the Mayor or City Council. Section 27 of the Human Resource Guide is hereby amended accordingly by deleting its current language and inserting the above provisions. (Ordinance 2020-22 12/21/20)
6-1-2: OATH; BOND: Each policeman shall, before he enters upon the duties of his office, take and subscribe the oath provided by law for City officers, and shall give bond to the City in the penal sum of one thousand dollars ($1,000.00) with such sureties as the Council shall approve, conditioned for the faithful performance of the duties of the office. *1
6-1-3: COMPENSATION: Police appointed under Section 6-1-1 of this Chapter shall receive only such compensation for their services as the Council shall designate by resolution at the time of their appointment.
6-1-4: AUXILIARY POLICE: The City of Farmington may create an auxiliary for the purposes of assisting police officers with traffic control, surveillance or any routine duties not specified as conservators of the peace as outlined in 65ILCS 5/3.1-15-25. Members of the auxiliary police will be appointed by the Mayor with the consent and approval of the City Council based on the recommendation of the Chief of Police. All members of the auxiliary police shall have the duties and restrictions under 65 ILCS 5/3/1-30-20. (Ordinance 2007-10).
6-1-5: SPECIAL POLICEMEN: Deleted in its entirety (Ordinance 2007-10).
6-1-6: SUPERIOR OFFICER: Every policeman, shall be under command of the Chief of Police to whom he shall report all persons known to be gamblers, receivers of stolen property, thieves, burglars or disorderly persons, and also all unlawful or disorderly houses or places within said City coming to their knowledge, as well as violators of the laws of the State or the provisions of this Code, reported to him or of which he may be cognizant; and when it shall come to the knowledge of any policeman that any provision hereof has been violated, such policeman shall forthwith cause a complaint to be made before a proper officer within the City, and the proper witnesses to be subpoenaed, and evidence procured for the successful prosecution of the offender. It shall be the duty of the Chief of Police and policeman to serve promptly all warrants of other process issued in any cause pending under any law of the City before any officer.
Amended (Ordinance 2007-10).
6-1-7: POWER TO ARREST: Every policeman together with the Chief of Police, and all persons possessing the power and authority of policeman, shall have the power to arrest all persons in the City found in the act of violating any law or provisions hereof, or aiding or abetting in any such violations, and shall arrest all persons found under suspicious circumstances and take all persons so arrested to the City jail until they can be brought before the proper officer or court for trial or examination.
6-1-8: SERVING PROCESS WITHIN CITY: The Chief of Police and policemen shall have the power and authority, within the corporate limits of the City, to serve and execute warrants and other legal process for the apprehension and commitment of person charged with or held for the commission of any crime or misdemeanors, or the violation of any law of provisions of the City, and while serving or executing or assisting in the service or execution of any such warrant or legal process, they shall be vested with all the common law and statutory powers and authority of constables for such purposes.
6-1-9: FORM OF COMMISSION: The form of the commission issued to all policemen, watchmen, special police and other officers possessing the power and authority of policemen shall be in the following form:
State of Illinois )
City of Farmington, ) ss.
County of Fulton. )
TO ALL TO WHOM THESE PRESENTS SHALL COME:
KNOW YE, That , having been duly to the office in and for the City of Farmington in the County of Fulton and State of Illinois, for the term beginning on the day of A.D. 19 , and extending to the day of A.D. 19 , and until his successor shall have been duly appointed and qualified, and having taken the oath of office and entered into bonds with sureties as required by law, is hereby Commissioned and Invested with Authority to assume and perform all the duties of said office according to Law and the Ordinances of said City, and all persons are required to respect him in the discharge of said duties.
IN TESTIMONY HEREOF, This warrant is signed by the Mayor and the Clerk of said City, and the Corporate Seal thereof if hereunto affixed this day of A.D. 19 .
(Ord. 173; 6-5-22)
6-1-10: APPOINTMENT AND REMOVAL OF POLICE CHIEF AND MEMBERS:
(A) Henceforth, from the effective date hereof, the City Council shall appoint to the Police Department the Chief of Police.
(B) The Board of Police Commissioners is hereby divested of the power of appointment of the Chief of said police Department pursuant to Illinois Revised Statutes, chapter 24, paragraph 10-2.1-4.
(C) The City Council shall have the right, pursuant to Illinois Revised Statutes, chapter 24, paragraph 10-2.1-17 to remove or discharge any persons appointed by said Council.
(D) Appointment of the Chief of Police to said Police Department shall require a majority vote of the City Council.
(E) Removal of discharge of said person previously appointed in any capacity to the Police Department, shall require the following:
- That the Chief of the Police Department be removed or discharged except for cause, upon written charges, and after an opportunity to be heard in his own defense.
- That within a reasonable period of time said action shall be presented to the City Council along with the reason for such removal, and such removal or discharge shall not become effective unless confirmed by a majority vote of said Council.
- That the City reserves the right to make and promulgate rules regarding the conduct of Chief of the Police Department and to impose such penalties and sections including removal and discharge as it deems proper under the circumstances.
- That the Chief of Police shall perform the duties described in the personnel and policy manual approved each year by the City Council. (Ord. 87-7, 10-5-87)
6-1-11: WARRANT PROCESSING ADMINISTRATIVE FEE: The Farmington Police Department MAY impose an administrative fee of twenty-six dollars ($26.00) to individuals processed at the Farmington Police Department. The fee will be payable upon the time of release of said warrant. (Ord. 03-09, 06-26-03)
Section 6-1-12, Part Time Officers, is hereby added to the Farmington City Code at the location specified in the title of this Ordinance, which is incorporated herein by this reference and shall read as follows:
A. Employment. The City of Farmington may employ part-time police officers from time to time as it deems necessary.
B. Duties. A part-time police officer shall have all the responsibilities of a full-time police officer and such specific duties as delineated in the General Orders of the Farmington Police Department, but the number of hours a part-time officer may work within a calendar year is restricted to 950 hours per calendar year or less. Part-time police officers shall not be assigned to supervise or direct full-time police officers. Part-time police officers shall be trained in accordance with the Illinois Police Training Act (50 ILCS 705/1 et. seq.) and meet the rules and requirements of the ILETSB.
C. Hiring Standards. Any person employed as a part-time police officer must meet the following standards:
- Be of good moral character, of temperate habits, of sound health, and physically and mentally able to perform assigned duties.
- Be at least twenty-one (21) years of age.
- Pass a medical examination.
- Possess a high school diploma or GED certificate.
- Possess a valid State of Illinois driver’s license.
- Possess no prior felony convictions.
- Any individual who has served in the U.S. military must have been honorably discharged.
D. Discipline. Part-time officers shall be under the disciplinary jurisdiction of the chief of police and City Council, including the Mayor. Part-time police officers serve at the discretion of the City authorities, shall not have any property rights in said employment, and may be removed by the City authorities at any time. Part-time police officers shall comply with all applicable rules and General Orders issued by the Police Department.
(Ordinance 2012-08, Passed 06/04/2012).
- S.H.A. Ch. 24, 3-14-3
|6-2-1:||Admission Fees, Fraudulently Avoiding Payment of|
|6-2-2:||Animals, Cruelty to|
|6-2-5:||Barbed Wire and Electric Fence|
|6-2-6:||Discharging Firearms, Fireworks Bow Regulations|
|6-2-8:||Expectorating in Public|
|6-2-9:||Injurious Material on Thoroughfares, Deposits of|
|6-2-12:||Mufflers; Unnecessary Noise|
|6-2-13:||Offense, Aid to An|
|6-2-14:||Posting Handbills, Notices|
|6-2-15:||Property, Malicious / Reckless Injury to|
|6-2-16:||Resisting an Officer|
|6-2-20:||Consumption or Use of Alcoholic Liquor on City Property|
|6-2-22:||Distributing Harmful Material to Minors|
|6-2-24:||Noises Declared Nuisances|
|6-2-26:||Fines for Violations|
|6-2-27:||Possession of Marijuana Prohibited|
|6-2-28:||Possession of Drug Paraphernalia Prohibited|
|6-2-30:||Banning of Synthetic Alternative Drugs|
|6-2-31:||Sale or Delivery of Synthetic Alternative Drugs|
|6-2-32:||Possession of Synthetic Alternative Drugs|
|6-2-33:||Use of Synthetic Alternative Drugs|
|6-2-34:||Penalties on Synthetic Drugs|
|6-2-35:||Possession / Sale of tobacco to a minor|
6-2-1: ADMISSION FEES, FRAUDULENTLY AVOIDING PAYMENT OF: It shall be unlawful for any person fraudulently to enter, without payment of the proper admission fee, any theater, ballroom, lecture, concert or other place where admission fees are charged; provided, however, that nothing herein contained shall be deemed to prohibit or restrict the free admission of police officers engaged in the performance of police duties to any place of public entertainment or amusement.
6-2-2: ANIMALS, CRUELTY TO: It shall be unlawful for any person to torture or beat cruelly, starve or otherwise ill-treat any animal in his care or charge, whether belonging to himself or any other person or entity.
6-2-3: ASSAULT: It shall be unlawful for any person to engage in conduct, without lawful authority, which places another in reasonable apprehension of receiving a battery.
6-2-4: BATTERY: It shall be unlawful for any person to intentionally or knowingly without legal justification and by any means,
(A) Cause bodily harm to an individual, or
(B) Make physical contact of an insulting or provoking nature with an individual.
6-2-5: BARBED WIRE AND ELECTRIC FENCES: I shall be unlawful for any person to erect or maintain any electric fence or any fence constructed in whole or part of barbed wire or to use barbed wire as a guard to any parking lot or parcel of land. However, barbed wire may be used along the top of a fence for security reasons of such barbed wire is a minimum of six feet (6’) from the ground as measured vertically from the bottom of the fence.
6-2-6: DISCHARGING FIREARMS, FIREWORKS AND BOWS:
A. It shall be unlawful for any person to fire or discharge any firearm within the City limits, except for the discharge of firearms by any City Officer or other person in conducting their legal duty.
B. It shall be unlawful for any person to set off, fire or explode any fireworks within the City limits unless done so pursuant to permit properly issued as provided in this Code.
C. It shall be unlawful for any person to fire or discharge any type of bow, compound bow or cross-bow or any other device to project or throw an arrow while on any public grounds.
D. The firing or discharging of any type of bow, compound bow or a cross-bow within the City shall be permitted on private property with the following requirements:
- The private property owner of the property should have knowledge of the firing / discharging of a bow, compound bow or a cross bow on the property and allows the practice.
- All shots must be aimed toward a target owned by the property owner or tenant, and the target must be on the archer’s property. The target must be maintained in good condition, which means capable of stopping arrows no matter where they strike.
- A backstop must be used and positioned on the archer’s property to prevent any arrow missing a target from crossing into or over neighboring property, unless the neighbor has provided written permission for the archer to trespass.
- The backstop must be installed five feet behind the target, and must extend five feet beyond both sides of the target. The required height of the backstop must reach five foot from the target top.
- A backstop can be built using a manmade or natural barrier. Types of backstop can have one of the following descriptions:
- a) Earthen Berm: An earthen or stone berm behind the target.
- b) Netting: A net hung behind of a target. Typical netting is made of Kevlar and is 8-feet, 3-inches in height. Netting should be loosely hung and on a well-secured metal or wooden posts.
- c) Natural Barriers: Shooting toward a hill or ravine located behind of the target.
- d) Manmade Barriers: Using wood material, straw / hay bales, carpet material and rubber matting.
- e) Archers can use a building on their property as a backstop.
All backstops should be capable of stopping arrows no matter where they are struck.
- An adult (at least 18 years old) must be present and supervising any archer under age 16 who is shooting a bow with a draw weight of 30 pounds or more. The archer and the supervising adult are responsible for the impact of all shots.
- An archer of any age can shoot a bow with a draw weight less than 30 pounds under these conditions:
- a) An adult must be on the premises and aware the archer is practicing;
- b) The archer must use field or target points;
- c) The archer must comply with Section 1, Second 2 and Second 3.
- As an added precaution, the City suggests archers practice from an elevated position whenever possible so they are aiming down into the target.
E. Each archer must request that the Farmington Police Department conduct initial inspection of the shooting range to determine whether it is in compliance with this ordinance.
F. Annually the archer must request the Farmington Police Department to re-inspect the shooting area on their property for compliance of this ordinance.
G. Both A and B Section violations for this 6-2-6 shall be a Class 3, $75.00 violation.
H. Any other violation(s) (excluding Section D-8) for this 6-2-6 shall be a Class 5, $200.00 violation for any section.
6-2-7: DISORDERLY CONDUCT: It shall be unlawful for any person to knowingly:
(A) Do any act in such unreasonable manner as to alarm or disturb another and to provoke a breach of the peace, or
(B) Make a telephone call, whether or not a conversation thereby ensues, with intent to annoy another, or
(C) Transmit in any manner to the Fire Department a false alarm of fire, knowing at the time of transmission that there is no reasonable ground for believing such fire exists, or
(D) 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, knowing at the time of transmission that there is no reasonable ground for believing that such bomb or explosive is concealed in such place. (Ord. 87-4, 5-4-87)
6-2-8: EXPECTORATING IN PUBLIC: It shall be unlawful for any person to expectorate or spit upon any sidewalk or upon the floor of any public building or room used for public assemblies.
- See Section 5-4-2 of this Code.
6-2-9: INJURIOUS MATERIAL ON THOROUGHFARES, DEPOSITS OF:
(A) It shall be unlawful for any person to deposit, place or allow to remain in or upon any public thoroughfare any material or substance injurious to person or property.
(B) It shall be unlawful for any person, or his employees or agents, to remove snow from any public or private parking lot, driveway, street or alley and deposit the snow in or onto the public street or alley.
6-2-10: FALSE PRETENSES: It shall be unlawful for any person to obtain any food, drink, goods, wares or merchandise under false pretenses, or to enter any public place and call for refreshments or other articles and receive and refuse to pay for same, or depart without paying for or satisfying the person from whom he received the food, goods, wares and merchandise.
6-2-11: FALSE REPRESENTATION: It shall be unlawful for any person to represent himself to be an officer of the City or who shall attempt to impersonate any such officer or who shall without authority perform any official act therein on behalf of an officer.
6-2-12: MUFFLERS; UNNECESSARY NOISE: It shall be unlawful for any person to operate a motor vehicle which shall not at all times be equipped with a muffler upon the exhaust thereof in good working order and in constant operation to prevent excessive or unusual noise and it shall be unlawful for any person operating any motor vehicle to use a cutout, by-pass or similar muffler elimination appliance.
6-2-13: OFFENSE, AID TO AN: It shall be unlawful for any person, in any way or manner, to aid, abet, counsel, advise or encourage any other person in the commission of any of the acts mentioned herein or in any manner encourage the commission of such offense hereby defined.
6-2-14: POSTING HANDBILLS, NOTICES: It shall be unlawful for any person to stick, paste, put up or place upon or against any building, tenement, fence, wall, lamp post or other place, any handbill, show bill, picture or representation, unless by the consent of the owner or occupant or such building, tenement, fence, wall, lamp post or place.
6-2-15: PROPERTY, MALICIOUS / RECKLESS INJURY TO:
A. Definitions: As used in this section, the following words and phrases shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
- a) “Public” means belonging to the City of Farmington, Fulton and Peoria Counties, Illinois.
- b) “Private” means belonging to any individual(s), corporation, partnership, sole proprietorship, association or any other legal entity.
- c) “Property” means any and all real property and personal property, including but not limited to family pets, domestic animals, houses, buildings, structures, yards, monuments, furniture, equipment, pools, fountains, vehicles, bridges, fences, gates, signs, awnings, lamp posts, street light, ornamental light or traffic sign or signal.
- d) “Minor” means any individual who has not attained the age of 18 years.
B. Prohibited Conduct. It shall be unlawful for any person to willfully, recklessly or maliciously mar, deface, damage, remove, mistreat or in any manner interfere with or cause or permit such conduct with respect to any real or personal property not belonging to the person so offending. This Ordinance shall pertain to all property, whether public or private.
C. Defenses. It shall be a defense to the prohibited conduct set forth herein to have obtained the consent and authority of the owner of the property before engaging in the conduct specified in paragraph B.
D. Penalty. Any person violating any provision of this section shall be fined not less than $75 (Seventy- Five Dollars) for each offense and a separate offense shall be deemed to be committed with each separate violation.
E. Restitution. In addition to any other remedy, fine or penalty, one who violates this Section shall make restitution to the owner of the property affected, including restitution or reimbursement for any loss caused directly or indirectly, including legal fees incurred therein.
F. Parental Responsibility. In the case of a minor, the parents or legal guardian of the minor shall be jointly and severally liable, together with the minor, for such penalty or restitution set forth herein.
G. Severability. Should any portion of this Ordinance be found unenforceable or invalid, the remaining portions hereof shall continue in full force and effect.
6-2-16: RESISTING AN OFFICER: It shall be unlawful for any person to interfere willfully with, resist, delay, obstruct, molest or threaten any officer of the City in the exercise of his official duties.
6-2-17: RIOT: It shall be unlawful for any person to fail or refuse immediately to disperse upon or order to do so by a police officer, when three (3) or more persons are assembled for the purpose of distributing the peace or for the purpose of committing any unlawful act.
6-2-18: TRESPASSING: It shall be unlawful for any person to take down any fence or let down any bars or to open any gate in or on the property of another without the consent of the owner, occupant or person in charge thereof.
6-2-19: UNAUTHORIZED SOLICITATIONS: The practice of going in and upon private residences in the City by solicitors, peddlers, hawkers, itinerant merchants or transient vendors of merchandise not having been requested or invited so to do by the owner or owners, occupant or occupants of said private residences for the purpose of soliciting orders for the sale of goods, wares and merchandise and/or disposing of and/or peddling or hawking the same is declared to be a nuisance and punishable as such nuisances as a misdemeanor.
6-2-20: CONSUMPTION OR USE OF ALCOHOLIC LIQUOR ON CITY PROPERTY: It shall be unlawful for any person to consume or use alcoholic liquor, including spirits, wine, beer, ale or other liquid containing more than one-half of one percent (0.5%) of alcohol by volume, while on City property. Such property to include, but not limited to, city parks. (Ord. 76-1, 1976)
(A) It shall be unlawful to commit obscenity. For purposes of this Section” person” means an individual, public or private corporation, government, partnership, to unincorporated association. Any reference to the masculine shall include the feminine, and any reference to the singular shall include the plural.
(B) Elements of the Offense: A person commits obscenity when, with knowledge of the nature or content thereof, or recklessly failing to exercise reasonable inspection which would have disclosed the nature or content thereof, he:
- Sells, delivers, or provides, or offers or agrees to sell, deliver or provide any obscene writing, picture, record, or other representation or embodiment of the obscene; or
- Presents or directs an obscene play, dance or other performance or participates directly in that portion thereof which make it obscene; or
- Publishes, exhibits, or otherwise makes available anything obscene; or
- Performs an obscene act or otherwise presents an obscene exhibition of his body for gain; or
- Creates, buys, procures or possesses obscene matter or material with intent to disseminate it in violation of this Section, or of the penal laws or regulations of any other jurisdictions; or
- Advertises or otherwise promotes the sale of material represented or held out by him to be obscene, whether or not it is obscene.
(C) “Obscene” Defined: A thing is obscene if, considered as a whole, its predominant appeal is to prurient interest, that is, a shameful or morbid interest in nudity, sex, or excretion, and if it goes substantially beyond customary limits of candor in description or representation of such matters. A thing is obscene even though the obscenity is latent, as in the case of undeveloped photographs.
(D) Interpretation of Evidence: Obscenity shall be judged with reference to ordinary adults, except that it shall be judged with reference to children or other specially susceptible audiences if it appears from the character of the material or the circumstances of its dissemination to be specially designed for or directed to such an audience.
Where circumstances of production, presentation, sale, dissemination, distribution, or publicly indicate that material is being commercially exploited for the sale or its prurient appeal, such evidence is prohibitive with the respect to the nature of the matter and can justify the conclusion that the matter is utterly without redeeming social importance.
In any prosecution of production, presentation, sale, dissemination, distribution, or publicity indicate that material is being commercially exploited for the sale of its prurient appeal, such evidence is prohibitive with respect to the nature of the matter and can justify the conclusion that then matter is utterly without redeeming social importance.
In any prosecution for an offense under this Section, evidence shall be admissible to show:
- The character of the audience for which the material was designed or to which it was directed;
- That the predominant appeal of the material would be for ordinary adults or a special audience, and what effect, if any, it would probably have on the behavior of such people.
- The artistic, literary, scientific, educational, or other merits of the material, or absence thereof;
- The degree, if any, of public acceptance of the material in this State;
- Appeal to prurient interest, or absence thereof, in advertising or other promotion of the material.
- Purpose of the author, creator, publisher, or dissemination.
(E) Prima Facie Evidence: The creation, purchase, procurement, or possession of a mold, engraved plate or other embodiment of obscenity specially adapted for reproducing multiple copies, or the possession or more than six (6) copies of obscene material shall be prima facie evidence of an intent to disseminate.
(F) Affirmative Defenses: It shall be an affirmative defense to obscenity that the dissemination:
- Was not for gain and was made to personal associated other than children under eighteen (18) years of age.
- Was to institutions or individuals having scientific or other special justification for possession of such material.
(G) Severability Clause: If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this Ordinance, or any part thereof, or application thereof to any person, firm, corporation, public agency, or circumstances, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part hereof. It is hereby declared to be the legislative intent of the City Council that this Ordnance would have been adopted had such unconstitutional or invalid provision, clause, sentence, paragraph, section, or part thereof not then been included.
(H) Violation and Penalty: Any person who shall violate any of the provision of this Section shall be guilty of a misdemeanor. A person who is convicted shall be punished by a fine not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00).
A second or subsequent offense is punishable by a fine of not less than three hundred dollars ($300.00) nor more than five hundred dollars ($500.00). (Ord. 82-9, 11-1-82)
6-2-22: DISTRIBUTING HARMFUL MATERIAL TO MINORS:
(A) Elements of the Offense: A person who with knowledge that a person is a child, that is a person under eighteen (18) years of age, or who fails to exercise reasonable care in ascertaining the true age of a child, knowingly distributes to or sends or causes to be sent to, or exhibits to, or offers to distribute or exhibit any harmful material to a child, is guilty of a misdemeanor.
- Material is harmful if, to the average person, applying contemporary standards, its predominate appeal, taken as a whole, is to prurient interest, that is a shameful or morbid interest in nudity, sex, or excretion, which goes substantially beyond customary limits of candor in description or representation of such matters, and is material the redeeming social importance of which is substantially less than its prurient appeal.
- Material, as used in this Section means any writing, picture, record, or other representation or embodiment.
- Distribute means to transfer possession of, whether with or without consideration.
- Knowingly, as used in this Section means having knowledge of the contents of the subject matter, or recklessly failing to exercise reasonable inspection, which would have disclosed the contents thereof.
(C) Interpretation of Evidence: The predominant appeal to prurient interest of the material shall be judged with reference to average children of the same general age of the child to whom such material was offered, distributed, sent or exhibited, unless it appears from the nature of the matter or the circumstances of its dissemination, distribution or exhibition that it is designed for specially susceptible groups, in which case the predominate appeal of the material shall be judged with reference to its prurient appeal.
In prosecutions under this Section, where circumstances of production, presentation, sale, dissemination, distribution, or publicity indicate the material is being commercially exploited for the sake of its prurient appeal, such evidence is probative with respect to the nature of the material and can justify the conclusion that the redeeming social importance of the material is in fact substantially less than its prurient appeal.
(D) Sentence: The offense of harmful material is a misdemeanor, A person who is convicted shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00). A second or subsequent offense is punishable by a fine of not less than three hundred dollars ($300.00) nor more than five hundred dollars. ($500.00)
(E) Affirmative Defenses:
- Nothing in this Section shall prohibit any public library or any library operated by an accredited institution of higher education from circulating harmful material to any person under eighteen (18) years of age, provided such circulation is in aid of a legitimate scientific or educational purpose, and it shall be an affirmative defense in any prosecution for a violation of this Section that the act charged was committed in aid of legitimate scientific or educational purposes.
- Nothing in this Section shall prohibit any parent from distributing to his child any harmful material.
- Proof that the defendant demanded, was shown and acted in reliance upon any of the following documents as proof of the age of a child, shall be a defense to any criminal prosecution under this Section: a document issued by the Federal government, or any state, county, municipal government or subdivision or agency thereof, including but no limited to, a motor vehicle operator’s license, a registration certificate issued under the Federal Selective Service Act or an identification card issued to a member of the armed forces.
(F) Child Falsifying Age: Any person under eighteen (18) years of age who falsely state, either orally or in writing, that he is not under the age of eighteen (18) years, or who presents or offers to any person evidence of age and identity which is false or not actually his own for the purpose of ordering, obtaining, viewing, or otherwise procuring or attempting to procure or view harmful material, is guilty of a misdemeanor. A person who is convicted shall be punished by a fine not less then twenty five dollars ($25.00) or more that five hundred dollars ($500.00). (Ord. 82-7, 11-1-82)
6-2-23: NOISES PROHIBITED: It shall be unlawful for any person within the City of Farmington to make, continue to 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.
Examples include, but are not limited to, such noises emitted by radios, phonographs, car stereos, construction or repair of buildings, vehicle horns, vehicle exhaust, vehicle loading or unloading, pile drivers, and air hammers. If any such sounds project beyond the boundaries of the emitter’s real estate, apartment or vehicle as the case may be, between the hours of 11:00 p.m. and 6:00 a.m., such projection shall be prima facie evidence of a violation hereunder.
The creation within the City of any excessive noise in the vicinity of any school, institutions of learning, church, court or hospital, while the same is in use, which unreasonably interferes with the working of such institution, or such 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.
6-2-24: NOISES DECLARED NUISANCE: The foregoing noises are hereby declared to be nuisances.
6-2-25: EXCEPTIONS: The provisions of Sections 6-2-23 and 6-2-24 shall not apply to:
(a) Any work of activity conducted by a public utility or governmental entity, which is in the interest of the public health, safety or welfare.
(b) Any work of an emergency nature.
(c) City street sweeper or other City street cleaning equipment.
6-2-26: FINES FOR VIOLATIONS:
(a) First offense: $100.00 fine
(b) Second offense and each subsequent offense: $250.00 fine.
(c) Third offense: $250.00 fine and three day suspension of liquor license after required hearing on suspension. Whether the offense is the first, second or third shall be determined by the number of offenses within a particular calendar year January 1 to January 1).
General Public and all other non-liquor establishments:
(a) First offense: $50.00 fine.
(b) Second offense (same night): $100.00 fine. (Ord. 01-07)
6-2-27: POSSESSION OF MARIJUANA PROBIHITED: It shall be unlawful for any person to grow, possess, sell, give away, barter, deliver, exchange, distribute, or administer marijuana or any derivatives thereof without the appropriate licensure and identification and in violation of Sections 25, 55, & 60 of 410 ILCS 130.
6-2-28: POSSESSION OR DRUG PARAPHERALIA PROHIBITED: It shall be unlawful for any person to possess 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 thereof without the appropriate licensure and identification and in violation of Sections 25, 55, & 60 of 410 ILCS 130
SEE EXHIBIT A:
Exhibit A (410 ILCS 130/30) Compassionate Use of Medical Cannabis Pilot Program Act. (Section scheduled to be repealed on January 1, 2018) Sec. 30. Limitations and penalties. (a) This Act does not permit any person to engage in, and does not prevent the imposition of any civil, criminal, or other penalties for engaging in, the following conduct: (1) Undertaking any task under the influence of cannabis, when doing so would constitute negligence, professional malpractice, or professional misconduct; (2) Possessing cannabis: (A) in a school bus; (B) on the grounds of any preschool or primary or secondary school; (C) in any correctional facility; (D) in a vehicle under Section 11-502.1 of the Illinois Vehicle Code; (E) in a vehicle not open to the public unless the medical cannabis is in a reasonably secured, sealed, tamper-evident container and reasonably inaccessible while the vehicle is moving; or (F) in a private residence that is used at any time to provide licensed child care or other similar social service care on the premises; (3) Using cannabis: (A) in a school bus; (B) on the grounds of any preschool or primary or secondary school; (C) in any correctional facility; (D) in any motor vehicle; (E) in a private residence that is used at any time to provide licensed child care or other similar social service care on the premises; (F) in any public place. "Public place" as used in this subsection means any place where an individual could reasonably be expected to be observed by others. A "public place" includes all parts of buildings owned in whole or in part, or leased, by the State or a local unit of government. A "public place" does not include a private residence unless the private residence is used to provide licensed child care, foster care, or other similar social service care on the premises. For purposes of this subsection, a "public place" does not include a health care facility. For purposes of this Section, a "health care facility" includes, but is not limited to, hospitals, nursing homes, hospice care centers, and long-term care facilities; (G) knowingly in close physical proximity to anyone under the age of 18 years of age; (4) Smoking medical cannabis in any public place where an individual could reasonably be expected to be observed by others, in a health care facility, or any other place where smoking is prohibited under the Smoke Free Illinois Act; (5) Operating, navigating, or being in actual physical control of any motor vehicle, aircraft, or motorboat while using or under the influence of cannabis in violation of Sections 11-501 and 11-502.1 of the Illinois Vehicle Code; (6) Using or possessing cannabis if that person does not have a debilitating medical condition and is not a registered qualifying patient or caregiver; (7) Allowing any person who is not allowed to use cannabis under this Act to use cannabis that a cardholder is allowed to possess under this Act; (8) Transferring cannabis to any person contrary to the provisions of this Act; (9) The use of medical cannabis by an active duty law enforcement officer, correctional officer, correctional probation officer, or firefighter; or (10) The use of medical cannabis by a person who has a school bus permit or a Commercial Driver's License. (b) Nothing in this Act shall be construed to prevent the arrest or prosecution of a registered qualifying patient for reckless driving or driving under the influence of cannabis where probable cause exists. (c) Notwithstanding any other criminal penalties related to the unlawful possession of cannabis, knowingly making a misrepresentation to a law enforcement official of any fact or circumstance relating to the medical use of cannabis to avoid arrest or prosecution is a petty offense punishable by a fine of up to $1,000, which shall be in addition to any other penalties that may apply for making a false statement or for the use of cannabis other than use undertaken under this Act. (d) Notwithstanding any other criminal penalties related to the unlawful possession of cannabis, any person who makes a misrepresentation of a medical condition to a physician or fraudulently provides material misinformation to a physician in order to obtain a written certification is guilty of a petty offense punishable by a fine of up to $1,000. (e) Any cardholder or registered caregiver who sells cannabis shall have his or her registry identification card revoked and is subject to other penalties for the unauthorized sale of cannabis. (f) Any registered qualifying patient who commits a violation of Section 11-502.1 of the Illinois Vehicle Code or refuses a properly requested test related to operating a motor vehicle while under the influence of cannabis shall have his or her registry identification card revoked. (g) No registered qualifying patient or designated caregiver shall knowingly obtain, seek to obtain, or possess, individually or collectively, an amount of usable cannabis from a registered medical cannabis dispensing organization that would cause him or her to exceed the authorized adequate supply under subsection (a) of Section 10. (h) Nothing in this Act shall prevent a private business from restricting or prohibiting the medical use of cannabis on its property. (i) Nothing in this Act shall prevent a university, college, or other institution of post-secondary education from restricting or prohibiting the use of medical cannabis on its property. (Source: P.A. 98-122, eff. 1-1-14.)
6-2-29: PENALTY: Any person convicted of the violation of Section 6-2-27 or Section 6-2-28 of the Farmington City Code shall be punished by a fine of four hundred dollars ($400.00).
6-2-30: SYNTHETIC ALTERNATIVE DRUGS.
For purposes of this article, the following definitions shall apply unless the context clearly indicates or requires different meaning:
- A product containing a synthetic alternative drug means any product containing a synthetic cannabinoid, stimulant or psychedelic/hallucinogen, as those terms are defined herein such as, but not limited to, the examples of brand names or identifiers listed on Exhibit “A” attached hereto and incorporated herein.
- Synthetic cannabinoid means any laboratory-created compound that functions similar to the active ingredient in marijuana, tetrahydrocannabinol (THC), including, but not limited to, any quantity of a natural or synthetic material, compound, mixture, preparation, substance and their analog (including isomers, esters, ethers, salts, and salts of isomers) containing a cannabinoid receptor agonist, such as:
- JWH-007 (1-pentyl-2-methyl-3-(1-naphthoyl)indole)
- JWH-015 ((2-Methyl-1-propyl-1H-indol-3-yl)-1-naphthalenylmethanone)
- JWH-018 (1-pentyl-3-(1-naphthoyl)indole)
- JWH-019 (1-hexyl-3-(naphthalen-1-oyl)indole)
- JWH-073 (naphthalen-1-yl-(1-butylindol-3-yl)methanone)
- JWH-081 (4-methoxynaphthalen-1-yl-(1-pentylindol-3-yl)methanone)
- JWH-098 (4-methoxynaphthalen-1-yl-(1-pentyl-2-methylindol-3-yl)methanone)
- JWH-122 (1-Pentyl-3-(4-methyl-1-naphthoyl)indole)
- JWH-164 (7-methoxynaphthalen-1-yl-(1-pentylindol-3-yl)methanone
- JWH-200 (1-(2-morpholin-4-ylethyl)indol-3-yl)-naphthalen-1-ylmethanone)
- JWH-203 (2-(2-chlorophenyl)-1-(1-pentylindol-3-yl)ethanone
- JWH-210 (4-ethylnaphthalen-1-yl-(1-pentylindol-3-yl)methanone
- JWH-250 (1-pentyl-3-(2-methoxyphenylacetyl)indole)
- JWH-251 (1-pentyl-3-(2-methylphenylacetyl)indole)
- JWH-398 (1-pentyl-3-(4-chloro-1-naphthoyl)indole)
- HU-210 ((6aR,10aR)-9-(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo [c]chromen-1-ol)
- HU-211 ((6aS,10aS)-9-(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo [c]chromen-1-ol)
- HU-308 ([(1R,2R,5R)-2-[2,6-dimethoxy-4-(2-methyloctan-2-yl)phenyl]-7,7-dimethyl-4-bicyclo[3.1.1]hept-3-enyl] methanol)
- HU-331 ((3-hydroxy-2-[(1R,6R)-3-methyl-6-(1-methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-2,5-cyclohexadiene-1,4-dione)
- CP 55,940 (2-[(1R,2R,5R)-5-hydroxy-2-(3-hydroxypropyl) cyclohexyl]- 5-(2-methyloctan-2-yl)phenol)
- CP 47,497 (2-[(1R,3S)-3-hydroxycyclohexyl]- 5- (2-methyloctan-2-yl)phenol) and its homologues
- WIN 55,212-2 ((R)-(+)-[2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo [1,2,3-de)-1,4-benzoxazin-6-yl]-1-nepthalenylmethanone)
- RCS-4 ((4-methoxyphenyl)(1-pentyl-1H-indol-3-yl)methanone)
- RCS-8 (1-(1-(2-cyclohexylethyl)-1H-indol-3-yl)-2-(2-methoxyphenyl)ethanone)
- Synthetic stimulant means any compound that mimics the effects of any federally controlled Schedule I substance such as cathinone, methcathinone, MDMA and MDEA, including, but not limited to, any quantity of a natural or synthetic material, compound, mixture, preparation, substance and their analog (including salts, isomers, and salts of isomers) containing substances which have a stimulant effect on the central nervous system, such as:
- 4-Fluoromethcathinone (other name: flephedrone)
- 3,4-Methylenedioxymethcathinone (other name: methylone, MDMC)
- 3,4-Methylenedioxypyrovalerone (other name: MDPV)
- 4-Methylmethcathinon (other names: mephedrone, 4-MMC)
- 4-Methoxymethcathinone (other names: methedrone, bk-PMMA, PMMC)
- 4-Ethylmethcathinone (other name: 4-EMC)
- Beta-keto-N-methylbenzodioxyolylpropylamine (other names: butylone, bk-MBDB)
- Napthylpyrovalerone (other names: naphyrone, NRG-1)
- N,N-dimethylcathinone (other name: metamfepramone)
- Alpha-pyrrolidinopropiophenone (other name: alpha-PPP)
- 4-methoxy-alpha-pyrrolidinopropiophenone (other name: MOPPP)
- 3,4-methylenedioxy-alpha-pyrrolidinopropiophenone (other name: MDPPP)
- Alpha-pyrrolidinovalerophenone (other name: alpha-PVP)
- 6,7-kihydro-5H-indeno(5,6-d)-1,3-dioxal-6-amine) (other name: MDAI)
- Any compound that is structurally derived from 2-amino-1-phenyl-1-propanone by modification or substitution in any of the following ways:
- in the phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide substituents, whether or not further substituted in the phenyl ring by one or more other univalent substituents;
- at the 3-position with an alkyl substituent;
- at the nitrogen atom with alkyl, dialkyl, benzyl, or methoxybenzyl groups;
- or by inclusion of the nitrogen atom in a cyclic structure.
- Synthetic psychedelic/hallucinogen means any compound that mimics the effects of any federally controlled Schedule I substance, including but not limited to, any quantity of a natural or synthetic material, compound, mixture, preparation, substance and their analog (including salts, isomers, esters, ethers and salts of isomers) containing substances which have a psychedelic/hallucinogenic effect on the central nervous system and/or brain, such as:
- 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E);
- 2-(2,5-dimethoxy-4-methylphenyl)ethanamine (2C-D);
- 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C);
- 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I);
- 2-(4-(Ethylthio)-2,5-dimethoxyphenyl)ethanamine (2C-T-2);
- 2-(4-(Isopropylthio)-2,5-dimethoxyphenyl)ethanamine (2C-T-4);
- 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H);
- 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N);
- 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P).
6-2-31: SALE OR DELIVERY.
It shall be unlawful for any person, firm, corporation, LLC or other legal entity to sell, offer for sale, advertise, display or deliver any product containing a synthetic cannabinoid, stimulant or psychedelic/hallucinogen.
It shall be unlawful for any person to knowingly possess a product containing a synthetic cannabinoid, stimulant or psychedelic/hallucinogen.
It shall be unlawful for any person to be under the influence of a synthetic cannabinoid, stimulant or psychedelic/hallucinogen.
A. Any person, firm, corporation, LLC or other legal entity found to be in violation of Section 6-2-31 shall be subject to a fine of not less than $500. (Five Hundred Dollars) and not more than $750 (Seven Hundred Fifty Dollars) for each offense thereof; and each violation of this ordinance, or everyday a violation continues to exist, shall constitute a new and separate violation.
B. Any instance where any person, firm, corporation, LLC or other legal entity is found to be in violation of 6-2-31, and the incident occurs on the premises of any establishment holding a valid liquor license issued by the City of Farmington and said person, firm, corporation, LLC or other legal entity is either the holder of, or an employee of, a person or corporation holding the valid liquor license shall cause the liquor license of said establishment to be suspended for a period of not more than 30 days and the licensee shall be subject to a fine of $1000. (One Thousand Dollars). Any subsequent violation shall render revocation of said liquor license and a fine of $1,500 (One Thousand Five Hundred Dollars). Pursuant to the Illinois Liquor Control Act of 1934 (235 ILCS5/7-5).
C. Any person found to be in violation of Section 6-2-32; Possession or Section 6-2-33; Use shall be subject to a fine of not less than $400 (Four Hundred Dollars) for a first offense and not more than $750 (Seven Hundred Fifty Dollars) for each violation thereafter; and each violation of this ordinance, or everyday a violation continues to exist, shall constitute a new and separate violation.
SEE EXHIBITS BELOW:
Exhibit A — Page 1
|8-Ball||Fully Loaded||K2 Solid Sex on the Mountain|
|Aztec Gold||Funky Monkey||K2 Solid Sex on the Mountain|
|Aztec Midnight Wind Tezcatlipoca||Funky Monkey XXXX||K2 Standard|
|Back Draft||G Four||K2 Strawberry|
|Bad 2 the Bone||G Greenies Caramel Crunch||K2 Summit|
|Banana Cream Nuke||Genie||K2 Summit Coffee Wonk|
|Bayou Blaster||Gold Spirit Spice||K2 Thai Dream|
|Black Diamond||Green Monkey Chronic Salvia||K2 Ultra|
|Black Magic Salvia||Greenies Strawberry||K2 Watermelon|
|Black Mamba||Heaven Improved||K3|
|Blueberry Hayze||Heavenscent Suave||K3 Blueberry|
|Bombay Blue||Humboldt Gold||K3 Cosmic Blend|
|Buzz||Jamaican Gold||K3 Dusk|
|C3||Jamaican Gold||K3 Grape|
|C4 Herbal Incense||K Royal||K3 Heaven Improved|
|Caneff||K1 Orbit||K3 Heaven Legal|
|Cherry Bomb||K2||K3 Kryptonite|
|Chill X||K2 (unknown variety)||K3 Legal|
|Chronic Spice||K2 Amazonian Shelter||K3 Legal – Original (Black)|
|Cill Out||K2 Amazonian Shelter||K3 Legal- Earth (silver)|
|Citrus||K2 Blonde||K3 Legal- Sea (silver)|
|Colorado Chronic||K2 Blue||K3 Legal- Sun (Black)|
|DaBlock||K2 Blueberry||K3 Mango|
|Dark Night II||K2 Citron||K3 Original|
|Demon||K2 Cloud 9||K3 Original Improved|
|Diamond Spirit||K2 Kryptonite||K3 Strawberry|
|Dragon Spice||K2 Latte||K3 Sun|
|D-Rail||K2 Mellon||K3 Sun Improved|
|Dream||K2 Mint||K3 Sun Legal|
|Earthquake||K2 Orisha Black Magic Max||K3 XXX|
|Eruption Spice||K2 Orisha Max||K4 Bubble Bubble|
|Euphoria||K2 Orisha Regular||K4 Gold|
|EX_SES Platinum Strawberry||K2 Orisha Super||K4 Purple Haze|
|exSES||K2 Orisha White Magic Super||K4 Silver|
|EX-SES Platinum||K2 Peach||K4 Summit|
|EX-SES Platinum Blueberry||K2 Pina Colada||K4 Summit Remix|
|EX-SES Platinum Cherry||K2 Pineapple||Kind Spice|
|EX-SES Platinum Strawberry||K2 Pineapple Express||Kl Gravity|
|EX-SES Platinum Vanilla||K2 Pink||Kl Orbit|
|Fire Bird Ultimate Strength Cinnamon||K2 Pink Panties|
|Forest Humus||K2 Sex|
Exhibit A — Page 2
|Legal Eagle||Potpourri Gold||Stinger|
|Legal Eagle Apple Pie||Pulse||Summer Skyy|
|Love Potion 69||Rasta Citrus Spice||Super Kush|
|Love Strawberry||Rebel Spice||Super Summit|
|Magic Dragon Platinum||Red Bird||Swagger Grape|
|Magic Gold||S1. S Werve||SYN Chill|
|Magic Silver||Samurai Spirit||SYN Incense LemonLime|
|Magic Spice||Sativah||SYN Incense Smooth|
|Mega Bomb||Scope Vanilla||SYN Incense Spearmint|
|Mid-Atlantic Exemplar||Scope Wildberry||SYN Lemon Lime|
|Mid-Atlantic Exemplar (K2 Summit)||Sence||SYN Lemon Lime #2|
|Midnight Chill||Shanti Spice||SYN Smooth|
|MNGB Almond/Vanilla||Shanti Spice Bluberry||SYN Spearmint|
|MNGB Peppermint||Silent Black||SYN Spearmint #2|
|MNGB Pinata Colada||Skunk||SYN Suave|
|MNGB Spear Mint||Smoke||SYN Swagg|
|MNGB Tropical Thunder||Smoke Plus||SYN Vanilla|
|Moe Joe Fire||Space||SYN Vanilla #2|
|Mojo||Spice Artic Synergy||Texas Gold|
|Mr. Smiley’s||Spice Diamond||Time Warp|
|MTN-787||Spice Gold||Tribal Warrior|
|Mystery||Spice Gold||Ultra Cloud 10|
|Naughty Nights||Spice Silver||Unknown cigarette|
|New Improved K3||Spice Tropical Synergy||Utopia|
|New Improved K3 Cosmic Blend||Spicey Regular XXX Blueberry||Utopia-Blue Berry|
|New Improved K3 Dynamite||Spicey Regular XXX Strawberry||Voo Doo Remix (black package)|
|New Improved K3 Kryptonite||Spicey Ultra Strong XXX Strawberry||Voo Doo Remix (orange package)|
|New K3 Earth||Spicey Ultra Strong XXX Vanilla||Voodoo Child|
|New K3 Heaven||Spicey XXX||Voodoo Magic|
|New K3 Improved||Spicy Ultra Strong XXX Vanilla||Voodoo Remix|
|New K3 Sea Improved||Spicylicious||Who Dat|
|New-Kron Bomb||Spike 99||Who Dat Herbal Incense|
|Nitro||Spike 99 Ultra||Wicked X|
|Ocean Blue||Spike 99 Ultra Blueberry||Winter Boost|
|P O W||Spike 99 Ultra Cherry||Wood Stock|
|p.e.p. pourri Love Strawberry||Spike 99 Ultra Strawberry||XTREME Spice|
|p.e.p. pourri Original Spearmint||Spike Diamond||Yucatan Fire|
|p.e.p. pourri Twisted Vanilla||Spike Gold||Yucatan Fire|
|p.e.p. pourri X Blueberry||Spike Maxx||Zombie World|
6-2-35: TOBACCO/ALTERNATIVE NICOTINE POSSESSION BY A MINOR:
- “Alternative Nicotine Product” means a product or device not consisting of or containing tobacco that provides for the ingestion into the body of nicotine, whether by chewing, smoking, absorbing, dissolving, inhaling, snorting, sniffing or by any other means.
- “Smokeless tobacco” means any tobacco products that are suitable for dipping or chewing.
- “Tobacco product” means any cigar, cigarette, smokeless tobacco, or tobacco in any of its forms.
No minor under 18 years of age shall buy any tobacco/alternative nicotine product. No person shall sell, buy for, distribute samples of or furnish any tobacco/alternative nicotine product to any minor less than 18 years of age. No minor under 16 years of age may sell any tobacco/alternative nicotine product at a retail establishment selling tobacco and/or alternative nicotine products. This subsection does not apply to a salesclerk in a family-owned business which can prove that the sales clerk is in fact a son or daughter of the owner.
(A) No minor less than 18 years of age in the furtherance or facilitation of obtaining any tobacco/ alternative nicotine product shall display or use a false or forged identification card or transfer, alter, or deface an identification card.
(B) No minor under 18 years of age shall possess in any form: any cigar, cigarette, smokeless tobacco, tobacco, e-cigarette or alternative nicotine product.
(C) It is not a violation of this Section for a person under 18 years of age to purchase or possess a cigar, cigarette, smokeless tobacco, tobacco, e-cigarette or alternative nicotine product in any form if the person under the age of 18 purchases or is given the cigar, cigarette, smokeless tobacco, tobacco, e-cigarette or alternative nicotine product in any form from a retail seller of tobacco products or alternative nicotine products or an employee of a retail seller pursuant to a plan or action to investigate, patrol, or otherwise conduct a “sting operation” or enforcement action conducted by a law enforcement agency against a retail seller of tobacco products or alternative nicotine products, or a person employed by the retail seller of tobacco products alternative nicotine products, or on any premises authorized to sell tobacco products or alternative nicotine products to determine if tobacco products or alternative nicotine products are being sold or given to persons under 18 years of age.
- Any person who violates subsection (A), (B) or (C), of 6-2-35 is guilty of a misdemeanor, a first offense shall be a Class 4 violation ($100.00) of Farmington City Code, a Class 5 violation ($200.00) for the second offense in a 12-month period, and a Class 6 violation ($400.00) for the third or any subsequent offense in a 12-month period.
- (a) If a minor violated subsection (D) of 6-2-35 he or she is guilty of a misdemeanor, a first offense shall be in a Class 0 violation (
425.00) of Farmington City Code, a Class 2 violation ( 450.00) for the second offense in a 12-month period, and a Class 3 violation ( 475.00) for the third or any subsequent offense in a 12-month period.
|6-3-5:||Running at Large|
|6-3-6:||Disturbing the Peace|
|6-3-8:||Duties of Pound keeper (DELETED ORD. 2021-02)|
|6-3-9:||Impounding Fees (DELETED ORD. 2021-02)|
|6-3-10:||Redemption (DELETED ORD. 2021-02)|
|6-3-11:||Public Notice (DELETED ORD. 2021-02)|
|6-3-12:||Licensed Dogs Impounded (DELETED ORD. 2021-02)|
|6-3-13:||Dog Bites (AMENDED ORD. 2021-02)|
|6-3-15:||Definitions (DELETED ORD. 2021-02)|
|6-3-16:||Determinations/Possession of Vicious Dog Prohibited|
|6-3-17:||Augmented Penalty (DELETED ORD. 2021-02)|
|6-3-19:||Confinement of Aggressive Dog|
|6-3-20:||Reporting Requirements of Permite|
|6-3-23:||Impoundment of Vicious Dog (DELETED ORD. 2021-02)|
|6-3-24:||Impoundment of Aggressive Dog Running at Large|
|6-3-25:||Redemption of an Impounded Aggressive Dog|
|6-3-26:||Length of Impoundment|
|6-3-28:||Notice to Owner|
|6-3-29:||Payment of Fees Prior to Animal’s Release|
|6-3-31:||Revocation of Permit|
|6-3-33:||Violations and Penalties|
|6-3-34:||Failure to Comply|
6-3-1: LICENSE REQUIRED: No dog shall be permitted to be or remain in the City without being licensed as hereinafter provided. *1
6-3-2: LICENSE FEES: All dogs kept in the City shall be registered as to sex, breed, name and address of the owner and name of dog. At the time of such registration such owner obtain a license for such dog and shall pay a fee of five dollars ($5.00) for each dog, regardless of sex of the dog. It shall be duty of said owner to cause such license tag to be securely attached around the dog’s neck and kept there at all times during the license period. Said license shall run for the calendar year during which it was obtained. (Ord. 04-05, 03-15-04)
6-3-3: RABIES INOCULATION: It shall be the duty of the owner or person in custody of any dog kept in the City to have the dog inoculated against rabies at least once each year. No license for a dog shall be issued, unless the applicant exhibits a certificate by a veterinarian, showing compliance with this Section within one year prior to the issuance of the license.
6-3-4: DANGEROUS DOGS: No vicious, dangerous or ferocious dogs or dogs which are sick or are liable to communicate hydrophobia or other contagious or infectious disease shall be permitted to run at large in the City. (Ord. 451)
6-3-5: RUNNING AT LARGE- Animals To Be Restrained: It is unlawful for any owner or keeper of any animal to permit, suffer, or allow such animals to be off the premises of such owner or keeper unless such animal is under restraint, or unless such animal is upon the property of another with that property owner’s consent. This offense is malum prohibitum in nature and no specific intent or special state of mind is required to constitute an offense. As used in this subsection, “restraint” shall be taken to mean:
- Under control by a line or leash not more than 12 feet (12′) in length, when said line or leash is held by a competent person; or
- When within a vehicle or enclosure, to include pen or kennels; or
- When not more than fifty feet (50′) from a competent person, if such animal is not alarming any person or domestic animal, or trespassing on private property.
(Ord. 2010-14, 6/21/10).
6-3-6: DISTURBING THE PEACE: No person owning any dog shall suffer or permit such dog to disturb the peace and quiet of the neighborhood by barking, making other loud or unusual noises, or by running through or across cultivated gardens or field.
6-3-7: NUISANCES: Any dog found in the City either without a license or running at large under conditions set forth above is hereby declared to be a nuisance and shall be impounded as hereafter provided.
6-3-8: (DELETED ORD. 2021-02) DUTIES OF POUND KEEPER: The Pound keeper is hereby charged with the duty of impounding all dogs running at large in violation of the provision of this Chapter. He shall be a special police officer and shall be and is hereby authorized to make all necessary arrests in carrying out the provisions of this Chapter and shall receive all fees for such arrest in the same manner as other police officer in the City.
6-3-9: (DELETED ORD. 2021-02) IMPOUNDING FEES: The fees and charges allowed and fixed by the Council from time to time for taking up, impounding and keeping and disposing of impounded animals shall be paid hereunder for like services at the time and in the manner fixed by said Council.
6-3-10: (DELETED ORD. 2021-02) REDEMPTION: The owner of any dogs impounded hereunder may redeem the same by paying all the costs, charges, and penalties assessed, if any, that have accrued up to the time of making the redemption, and when same are paid to said Pound Keeper it shall be his duty and he shall release the dog from said pound and deliver him to the owner thereof. There shall be an initial charge for redemption of said dog of two dollars ($2.00) and an additional sum of one dollar ($1.00) for each day said dog is impounded.
6-3-11: (DELETED ORD. 2021-02) PUBLIC NOTICE: Immediately after impounding any dog hereunder, it shall be the duty of the Pound Keeper to enter upon the records of the pound in a book to be kept by him for such purposes the date of impounding, a description of the dog impounded, and record as to whether or not such dog has been licensed and tagged as required hereby.
Public notice of the impounding of such dog shall be given by posting one copy of the description of such dog and date of impounding at the pound and one copy of such notice on the bulletin board at the City Hall. Any such dog not redeemed by the owner thereof within three (3) days after the posting of such notice by the Pound keeper shall be and is hereby declared to be a nuisance. The Pound keeper shall immediately thereafter kill or destroy such dog.
6-3-12: (DELETED ORD. 2021-02) LICENSED DOGS IMPOUNDED: It shall be the duty of the Pound Keeper to cause notice to be served by mail upon the registered owner of any licensed dog impounded under the provisions of this Chapter, such notice to be mailed at least two (2) days prior to the posting of the notice of impounding herein before provided.
6-3-13: (AMENDED ORD. 2021-02) DOG BITES:
- DOG BITE INVOLVING DOG WITH PROOF OF CURRENT VACCINATION:
Whenever any dog bites a person, the owner of the said dog shall immediately notify the Farmington Police Department. If the owner of the dog has proof of the dog’s current vaccination, the Police Department shall order the dog to be held on the owner’s premises or shall have it impounded for a period of two (2) weeks. The dog shall be examined immediately after it has bitten anyone and again at the end of the two (2) week period. If at the end of two (2) weeks, a veterinarian is convinced that the dog is free from rabies, the dog shall be released from quarantine or from the pound as the case may be. If the dog dies in the meanwhile, its head shall be sent to the State Department of Health for examination for rabies.
- DOG BITE INVOLVING DOG WITHOUT PROOF OF CURRENT VACCINATION:
Whenever any dog bites a person, the owner of the said dog shall immediately notify the Farmington Police Department. If the owner of dog does not have proof of current vaccination, the dog shall be surrendered to the custody of the Fulton County Animal Control, and the dog will be held in the custody of the Fulton County Animal Control Facility for a ten (10) day period and protocol procedures shall be in effect to the animal. The owner of the animal shall render to the Fulton County Animal Control Facility for fees associated with the custody.
6-3-14: PENALTY: Any person found in violation of Section 6-3-2, “License Fees”; Section 6-3-5, “Running at Large” or Section 6-3-6, “Disturbing the Peace” shall be fined not less than thirty five dollars ($35.00) for the first violation and not less that one hundred dollars ($100.00) for subsequent violations within less than one year from the date of such first violation. (Ord. 04-05, 03-15-04)
Section 6-3-15 (DELETED ORD. 2021-02) DEFINITIONS: As used in this section:
OWNER: Any person, firm, corporation, organization or department possessing or harboring or having the care or custody or being the legal owner of a dog.
- Any dog which, without provocation, attacks or bites, or has attacked or bitten, a human being or domestic animal or;
- Any dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting or;
- Any individual dog which has been found to be an aggressive dog upon two separate occasions.
EXCEPTIONS: No dog shall be deemed vicious if it bites, attacks, or menaces a trespasser on the property of its owner or harms or menaces anyone who has tormented or abused it or it is a professionally trained dog for law enforcement. Vicious dogs shall not be classified in a manner that is specific as to breed.
6-3-16 (DELETED ORD. 2021-02) DETERMINATION: Any person who has been given a citation or notice to appear for owning or harboring a vicious dog, shall have ten (10) calendar days from his receipt of said citation or notice to appear to request, in writing, a hearing on the determination that the dog in question is a vicious dog as defined in this chapter. Said written request must be filed in the office of the City Administrator. The hearing will be held by the City Council as part of the next regular City Council meeting where there is sufficient time to post such hearing as part of the meeting agenda as to comply with the Illinois Open Meetings Act.
The majority vote of the sitting Council members, regardless of attendance, shall control.
No judgment shall be taken by the City with respect to the said citation or notice to appear, unless and until the determination of vicious dog has been upheld by the Council as aforesaid. The determination of the Council may be appealed to the court system pursuant to the Illinois Administrative Review Act.
Whenever any animal, having been deemed vicious by the Farmington City Council, has bitten or attacked any person or any domestic animal, the city attorney may petition any court of competent jurisdiction to obtain a court order directing the vicious animal to be destroyed. In addition to the foregoing acts, proof by a preponderance of the evidence has in any other manner caused injury to a person, to include injury or death to another domestic animal (s), shall be deemed, prima facie, a vicious animal.
6-3-16: POSSESSION OF VICIOUS DOG PROHIBITED: It is unlawful to possess a vicious dog, as defined in Section 6-3-15 of this Chapter, within the City limits of the City of Farmington.
6-3-18: AGGRESSIVE DOGS
- AGGRESSIVE DOG PERMIT REQUIRED: No aggressive dog shall be permitted to be or remain in the City without the owner of said animal obtaining an aggressive dog permit as hereinafter provided.
- An application for a permit to possess an Aggressive Dog shall be filed with the City Administrator on a form prescribed and provided by the City Administrator and shall be accompanied by all of the following:
- a. Verification of the identity of the owner and current address by providing a photo static copy of the owner’s driver’s license.
- b. Proof of ownership of the Aggressive Dog.
- c. A copy of the current immunization and health record of the Aggressive Dog prepared and signed by a veterinarian licensed to practice in the State of Illinois.
- d. A Certificate of Insurance evidencing coverage in an amount not less than $500,000.00 providing coverage for any injury, damage or loss caused by the Aggressive Dog.
- e. Two (2) photographs of the Aggressive Dog to be permitted taken not less than one (1) month before the date of the application. One photograph shall provide a front view of the Aggressive Dog and shall clearly show the face and ears of the Aggressive Dog. One photograph shall show a side view of the Aggressive Dog.
- f. An annual permit fee of $100.00 (one hundred dollars.)
- g. Such other information as may be required by the City Administrator.
- Upon receipt of an application, the City Administrator shall forward such application to the police department which shall cause an inspection of the premises on which the Aggressive Dog shall be kept to determine that all the provisions of this Code relating to confinement and posting of signs have been complied with, by the applicant. Upon completion of the inspection, the police department shall notify the City Administrator in writing of the results of its inspection.
- Upon receipt of the results of the police department inspection, the City Administrator shall notify the applicant of the approval or denial of the permit. In the event that the permit is denied, the notification shall be provided in writing, and the reasons for such denial shall be stated. Upon approval, the City Administrator shall issue a permit to the applicant.
- INCIDENTS AND COMPLAINTS: Following an incident or complaint involving an aggressive dog or a dog showing the likelihood of coming within the definition of an aggressive dog as defined in 6-3-36 herein, an officer of the police department shall investigate the incident or complaint, and, if justified, issue a citation, complete an Aggressive Dog Charge Checklist to be promulgated the by City, and complete a Findings of Fact (Aggressive Dog) form to be promulgated by the City.
6-3-19: CONFINEMENT OF AGGRESSIVE DOG: No person shall posses any Aggressive Dog unless the Aggressive Dog is confined in accordance with this Section.
- Confinement Indoors. No Aggressive Dog may be kept on a porch, patio or in any part of a house or structure that would allow the Aggressive Dog to exit the structure on its own volition. No Aggressive Dog shall be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the Aggressive Dog from exiting the structure.
- Confinement in Exterior Yard. No person shall confine an Aggressive Dog in an exterior area unless such Aggressive Dog is confined in a Confinement Structure constructed and maintained in accordance with this Code, except that an Aggressive Dog may be confined outside of a Confinement Structure in a manner set forth in Subsection 3 hereof. Any fence shall be a minimum of five feet in height and all gates shall be equipped with self-closing and self-latching mechanisms designed to securely close and lock the gate.
- Confinement on Leash. No person shall permit an Aggressive Dog to go outside a Confinement Structure, house or other structure unless the Aggressive Dog is securely restrained with a leash no longer than four (4) feet in length and fitted with a muzzle. No person shall permit an Aggressive Dog to be kept on a leash unless a responsible person is in physical control of the leash. The animal shall be in the control of the owner, or a family member, sixteen years of age or older, at all times the animal is not within the owner’s residence. No leash restraining any Aggressive Dog shall be attached to any inanimate object, including, but not limited to, trees, posts, stakes and buildings.
- Muzzle. It is unlawful for any owner or keeper of an Aggressive Dog to allow the dog to be outside its kennel, pen, or other proper enclosure unless it is necessary for the dog to receive veterinary care. In such cases, the dog must wear a properly fitted muzzle sufficient to prevent such dog from biting persons or other animals. Such muzzle shall not interfere with the dog’s breathing or vision.
6-3-20: REPORTING REQUIREMENTS OF PERMITE:
Any person holding a permit pursuant to this code shall report to the Farmington Police Department the incidence of any of the following events:
- The sale, barter, exchange, gift or death of any Aggressive Dog shall be reported within forty-eight (48) hours.
- The escape from confinement of any Aggressive Dog shall be reported immediately upon discovery of the escape.
- The biting or nipping of any person or animal by an Aggressive Dog shall be reported upon occurrence.
- The birth of any offspring of an Aggressive Dog shall be reported within forty-eight (48) hours of the birth of the offspring.
- The permanent removal of any Aggressive Dog from the territorial limits of the municipality shall be reported within forty-eight (48) hours of such removal by surrender of the permit by the owner to the City Administrator.
- No person shall possess any Aggressive Dog for a period of more than 48 hours without having first applied for a permit therefore from the City.
6-3-21: SIGN REQUIRED: All persons possessing an Aggressive Dog shall display in a prominent place on the premises where an Aggressive Dog is to be kept a sign which is readable by the public from a distance of not less than one hundred (100) feet using the words “Beware of Dog – Aggressive Dog”. Such sign must be at least eight (8) inches by ten (10) inches in rectangular dimensions with lettering not less than two (2) inches in height. A similar sign shall be posted on any Confinement Structure.
6-3-22: FIGHTING PROHIBITED: No person shall fight or bait, conspire to fight or bait, or keep, train, or transport for the purpose of fighting or baiting, any Aggressive Dog.
6-3-23: (DELETED ORD. 2021-02) IMPOUNDMENT OF VICIOUS DOG:
Any Aggressive Dog which by its actions is deemed a Vicious Dog, as defined herein shall be subject to immediate impoundment by the police department in a humane facility for the keeping of dogs. If the incident giving rise to the impoundment has resulted in an injury to a person, upon impoundment by the police department, the chief of police or his designee shall notify the Rabies Control Administrator of the county.
6-3-24: IMPOUNDMENT OF AN AGGRESSIVE DOG RUNNING AT LARGE: Any Aggressive Dog found to be running at large by any member of the police department of the municipality shall be presumed to be in violation of this Section and shall be subject to impoundment by the police department in a humane facility for the keeping of dogs.
6-3-25: REDEMPTION OF AN IMPOUNDED AGGRESSIVE DOG: An owner of an Aggressive Dog holding a permit pursuant to this Code may redeem the impounded Aggressive Dog if (a) the Aggressive Dog has been impounded pursuant to this Code or (b) the Aggressive Dog has not caused an injury to a person, subject to the following conditions.
- Proof of a valid license issued by the municipality under this Code.
- Payment of the cost of keeping the Aggressive Dog during the period of impoundment.
An owner of an Aggressive Dog which has caused an injury to a person resulting in the impoundment of the Aggressive Dog shall be entitled to redeem the Aggressive Dog only in accordance with applicable state and county law and after rabies test results have been received by the City.
6-3-26: LENGTH OF IMPOUNDMENT: Any Aggressive Dogs not in compliance with this chapter may be taken into custody by the animal control officer and impounded in the animal shelter in a humane manner for a period of not more than ninety-six (96) hours. Aggressive Dogs not claimed after ninety-six (96) hours become the property of the city and shall be destroyed and disposed of in a humane manner. An animal may be reclaimed only after the provisions set forth below have been complied with.
6-3-27: RECORDS: The animal control officer or his designate shall keep a complete register of every Aggressive Dog impounded showing the time and place of capture, type, breed, color, sex and distinguishing marks, and if licenses, the number of the license and the name and address of the owner.
6-3-28: NOTICE TO OWNER: The animal control officer shall make every reasonable effort to identify and notify the owner of any impounded animal.
6-3-29: PAYMENT OF FEES PRIOR TO ANIMAL’S RELEASE: Any impounded or quarantined Aggressive Dog may be redeemed by the owner only upon payment of an impoundment fee of eight ($8.00) dollars per day. Veterinary charges, if any, and such other costs actually incurred by the animal shelter in the care of the animal.
6-3-30: ADOPTION: The animal shelter has the option of adopting out an unclaimed Aggressive Dog after the ninety-six (96) hours impoundment period. Any additional expenses incurred after the initial ninety-six hours shall not be billed to the city. Any unclaimed animal shall not be returned to its original owner without payment of all fees provided in this article.
6-3-31: REVOCATION OF PERMIT: A Permit granted pursuant to this Code shall be automatically revoked upon any violation by the permite of any provision of this Code. In the event of a revocation of the permit, the permit fee shall be retained by the City.
6-3-32: EXCEPTION: This Code shall not apply to any K-9 patrol dogs or police dogs.
6-3-33: VIOLATIONS AND PENALTIES:
Any person violating or permitting the violation of any provision of this chapter shall be guilty of a civil offense. Upon conviction, by a court of competent jurisdiction to enforce this section, of any violation of this section, the court shall assess a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than Seven Hundred Fifty Dollars ($750.00). Each day such violation shall continue, constitutes a separate offense. In addition to the foregoing penalty, any person who violates this chapter shall pay all expenses, including sums for shelter, food, handling, veterinary care and expert testimony, which are necessitated by the person’s failure to abide by the provisions of this chapter.
Upon a finding by the court that a licensee has violated this Section, the court shall enter an order revoking the permit and ordering the former holder of the permit to remove the Aggressive Dog from the municipality.
6-3-34: FAILURE TO COMPLY: It shall be unlawful for the owner, keeper or harborers of an Aggressive Dog registered with the City to fail to comply with the requirements and conditions set forth in this Code. Any Aggressive Dog found to be the subject of a violation of this Code shall be subject to immediate seizure and impoundment. In addition, failure to comply will result in the revocation of the permit of such animal resulting in the immediate removal of the animal from the City to the county pound. Said Aggressive Dog may be returned if the City Council so directs after a hearing requested in writing by the dog’s owner, taking into consideration the circumstances surrounding the violation and the public’s safety.
6-3-35: INSURANCE: All owners, keepers, harborers or possessors of Aggressive Dogs must provide proof to the City Administrator of public liability insurance in a single incident amount of five hundred thousand dollars $500,000.00 for bodily injury to or death of any person or persons or for damage to property owned by any persons which may result from owning, possessing, keeping or maintaining of such animal. Such insurance policy shall provide that no cancellation of the policy will be made unless ten (10) days’ written notice is first given to the City of Farmington.
AGGRESSIVE DOG: Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury to, or otherwise threaten the safety of human beings or domestic animals, as determined by City staff after due investigation of any complaint or incident showing a likelihood of a dog coming within this definition.
OWNER: An “owner” for purposes of this chapter, is defined as any person who owns, possesses keeps, exercises control over, maintains, harbors, transports or sells an animal.
BITE: To seize or cut with the teeth.
CONFINEMENT STRUCTURE: A securely locked pen, kennel or structure designed and constructed for the keeping of an aggressive dog and shall be designed, constructed and maintained in accordance with the standards provided herein. The pen, kennel or structure must have secure sides and a secure top attached to the sides. All structures used to confine registered Aggressive Dogs must be locked with a key or combination lock when the animals are within the structure. The structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than two feet. All structures erected to house Aggressive Dogs must comply with all City zoning and building regulations. The enclosure shall include shelter and protection from the elements and shall provide adequate exercise room, be adequately lighted and ventilated and kept in a clean and sanitary condition.
FIGHT: A prearranged conflict between two or more animals but does not include a conflict that is not organized or is accidental.
K-9 PATROL DOG or POLICE DOG: A professionally trained dog being used by law enforcement officers for law enforcement purposes and activities.
LEASH: A cord, chain, rope, strap or other such physical restraint having a tensile strength of not less than 300 pounds.
MUZZLE: A device constructed of strong, soft material or a metal basket type muzzle. The muzzle must be made in a manner which will not cause injury to the dog or interfere with its vision or respiration, but must prevent it from biting any person or animal.
NIP: To pinch or squeeze with teeth with no breaking of skin or tissue.
DOG RUNNING AT LARGE: The failure to confine an aggressive dog in accordance with a leash, or suitable confinement as defined herein.
- S.H.A. Ch. 24, 11-20-9
|6-4-5:||Killing Dangerous Animals|
|6-4-8:||Running at Large; Impoundment; Penalty|
6-4-1: CRUELTY: No person shall cruelly treat any animal in the City in any way; any person who inhumanely beats, underfeeds, overloads, or abandons any animal shall be deemed guilty of a violation of this Section. *1
6-4-2: DANGEROUS ANIMALS: It shall be unlawful to permit any dangerous animal or aggressive animal of any kind to run at large within the City; exhibitions or parades or animals which are ferae naturae in the eyes of the law may be conducted only upon securing a permit from the Chief of Police.
6-4-3: NOISES: It shall be unlawful to harbor or keep any animals which disturb the peace by loud noises at any time of the day or night.
6-4-4: STRAYS: It shall be unlawful to permit any cattle, horse, swine, sheep, goats, or poultry to run at large, in the City; any such animal running at large in public place in the City shall be impounded in the manner provided in this Code. It shall further be unlawful to picket or tie any such animal in any of the streets of the City for the purpose of grazing or feeding.
6-4-5: KILLING DANGEROUS ANIMALS: The members of the Police Department or any other person in the City, are authorized to kill any dangerous animals of any kind when it is necessary for the protection of any person or property.
6-4-6: DISEASED ANIMALS: No domestic animal afflicted with a contagious or infectious disease shall be allowed to run at large, to be exposed in any public place whereby the health of man or beast may be affected; nor shall such diseased animal be shipped or removed from the premises of the owner thereof, except under the supervision of the Chief of Police or Health Officer.
It is hereby made the duty of the Health Officer to secure such disposition of any diseased animal and such treatment of affected premises as to prevent the communication and spread of the contagion or infection except in cases where the State Veterinarian is empowered to act. (Ord. 451, 5-6-63)
6-4-7: HOUSING: It shall be unlawful for any person to keep or to have any non-domestic animals anywhere within the City such non-domestic animals including but not limited to swine, cows, horses, goats, chickens, poultry, mules and sheep; provided that this ordinance shall not apply to animals kept by any landholder on lands located within the City limits and which are a part of a tract of land located in part outside the City, nor to any animals on any tract of land wholly within the city and containing at least one acre where such animals are kept more than one hundred fifty feet (150’) from the dwelling house of any adjoining landholder.
This Ordinance shall not apply to animals located in the City for any fair, festival, parade or other such special event.
Any person, firm or corporation found in violation of this Ordinance shall be subject to penalty of not less than ten dollars ($10.00) or more than one hundred dollars ($100.00) for each offense. (Ord. 77-12, 12-5-77)
6-4-8: RUNNING AT LARGE; IMPOUNDMENT; PENALTY:
(A) Running at Large. It shall be unlawful for any domestic animal or animals of the species of horse, mule, cow, cattle, sheep, swine, ass, goat or dog to run or go at large at any time within the corporate limits of the city.
(B) Impoundment. It is hereby made the duty of the several members of the Police Force of the City to pick up each and every animal aforesaid by him or them to be unlawfully at large contrary to the provisions of this Ordinance and to confine the same in such places as may be provided for that purpose.
(C) Penalty. Any person, firm or corporation being the owner, possessor, or keeper of any such animal or animals who shall unlawfully suffer or permit the same to run at large in the City in violation of this Ordinance shall be subject to a penalty, together with the fees for impounding and expenses of sustenance for such animals when impounded.
- S.H.A. Ch. 24, 11-5-6
|6-5-2:||Parent, Guardian Responsible|
6-5-1: AGE; HOURS: It shall be unlawful for any person under eighteen (18) years of age to be present at or upon any public assembly building, place, street or highway at the following times, unless occupied and supervised by a parent, legal guardian or other responsible individual at least twenty one (21) years of age, or unless engaged in a business or occupation which the laws of the State of Illinois authorize a person less than eighteen (18) years of age to perform:
Between 12:01 o’clock a.m. and 6:00 o’clock a.m. Saturday
Between 12:01 o’clock a.m. and 6:00 o’clock a.m. Sunday
Between 11:00 o’clock p.m. on Sunday to Thursday, inclusive and 6:00 o’clock a.m. on the following day.
6-5-2: PARENT, GUARDIAN RESPONSIBLE: It shall be unlawful for any parent, legal guardian or other person having the custody of any minor to normally permit such minor to violate the provisions of this Chapter. *1 (Ord. 344, 9)
- Not available
Removal, Seizure and Impounding of Vehicles
|6-6-2:||Vehicles as Nuisance|
|6-6-3:||Leaving Abandoned Vehicle on Street Prohibited|
|6-6-4:||Removal and Impoundment of Inoperable and Abandoned Motor Vehicles|
|6-6-5:||Seizure of Certain Vehicles|
|6-6-8:||Exceptions Impound and Storage Fees|
6-6-1: DEFINITIONS: the following definitions shall apply in the interpretation and enforcement of this Chapter:
ABANDONED VEHICLE: All vehicles left unattended for the time periods indicated in Section 6-6-4 (B) 1, 2, and 3.
HIGHWAY: The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. (Ord. 91-12, 6-17-91)
VEHICLE: A machine propelled by power other than human power designed to travel along the ground by use of wheels, treads, runners, or slides and transport persons or property or pull machinery, and shall include, without limitation automobile, truck, trailer, motorcycle, tractor, buggy, and wagon. (Ord. 71-10, 6-7-71, eff. 6-17-71)
INOPERABLE MOTOR VEHICLE: Any motor vehicle from which, for a period of at least 7 days or any greater period fixed by ordinance, the engine, wheels or other parts have been removed, or on which the engine, wheels or other parts have been altered, damaged or otherwise so treated that the vehicle is incapable of being driven under its own motor power. It shall not include a motor vehicle which has been rendered temporarily incapable of being driven under its own motor power in order to perform ordinary service or repair operations. (Ordinance 2018-16) 08/06/18
PERSON: Any person, firm, partnership, association, corporation, company or organization of any kind.
PROPERTY: Shall mean any real property within the City of Farmington which is not a street or highway.
CONTROLLED SUBSTANCE: Any substance as defined by the Illinois Controlled Substance Act (720 ILCS 570/201 et. seq.), as amended from time to time, and cannabis as defined by the Cannabis Control Act (720 ILCS 550/1 et. seq.), as amended from time to time.
DRUG PARAPHERNALIA: Any equipment, product, and/ or materials as defined in Section 2 of the Drug Paraphernalia Act (720 ILCS 600/2), as amended from time to time.
DRIVING UNDER THE INFLUENCE: Any violation as defined by the Illinois Vehicle Code (625 ILCS 5/11-501), as amended from time to time.
DRIVING WHILE LICENSE, PERMIT OR PRIVILEGE TO OPERATE A MOTOR VEHICLE IS SUSPENDED OR REVOKED: Any violation as defined by the Illinois Vehicle Code (625 ILCS/ 6-303), as amended from time to time.
OPERATION OF A MOTOR VEHICLE WITHOUT A VALID DRIVER’S LICENSE: A violation of Section 6-101 and/or 6-303 of the Illinois Vehicle Code, as amended from time to time (625 ILCS 5/6-101 and 625 ILCS 5/6-303), as amended from time to time, where the driver’s license or driving privileges have been suspended, revoked, cancelled, never obtained, or previously have been obtained and have expired for not less than 6 months.
OWNER OF RECORD: The title record holder to a motor vehicle.
UNLAWFUL USE OF WEAPONS: A violation of Section 24-1 of the Criminal Code of 1961 (720 ILCS 5/24-1 et seq.), as amended from time to time.
6-6-2: VEHICLES AS NUISANCE: All inoperable motor vehicles, on public or private property and in view of the general public are hereby declared to be public nuisances and no person shall permit such a vehicle or parts thereof to remain on public or private property. However, this Chapter shall not apply to any motor vehicle that is kept within a building when not in use, to operable historic vehicles over twenty five (25) years of age, subject to the provisions of Section 6-6-8 herein, or to a motor vehicle on the premises of a place of business engaged full-time in the repairing, wrecking or junking of motor vehicles. (Ord. 91-12, 6-17-91)
Also, any motor vehicle which is damaged or deteriorated or in need of repair for thirty (30) days or more and is located upon private property in the City of Farmington, outside of any enclosure which encloses the vehicle completely from lateral view on all sides constitutes a danger to persons, including children, or constitutes a blight upon the property or neighborhood in which it is located, is hereby declared to be a nuisance.
Any motor vehicle which otherwise meets the definition of “Inoperable Motor Vehicle” contained in this Chapter is declared a nuisance notwithstanding that is has not been in its current location seven (7) days if it has been the subject of a notice given under this Chapter within the preceding thirty (30) days. (Ord. 96-08)
All inoperable motor vehicles, whether on public or private property and in view of the general public, to be a nuisance and authorize fines to be levied for the failure of any person to obey a notice received from the municipality which states that such person is to dispose of any inoperable motor vehicle under his control, and may authorize a law enforcement agency, with applicable jurisdiction, to remove, after 7 days from the issuance of the municipal notice, any inoperable motor vehicle or parts thereof. However, nothing in this Section shall apply to any motor vehicle that is kept within a building when not in use, to operable historic vehicles over 25 years of age, or to a motor vehicle on the premises of a place of business engaged in the wrecking or junking of motor vehicles, or to any motor vehicle in the custody of the Farmington Police Department parked in their fenced impound area at the Municipal Building. (Ordinance 2018-16, 08/06/18)
6-6-3: LEAVING ABANDONED VEHICLE ON STREET PROHIBITED: The abandonment of any vehicles on any part of any street in the City is unlawful and subject to penalties as set forth in this Chapter. (Ord. 91-12, 7-6-92)
6-6-4: REMOVAL AND IMPOUNDMENT OF INOPERABLE AND ABANDONED MOTOR VEHICLES: The City shall have the right to cause abandoned and inoperable vehicles to be removed as follows:
(A) Inoperable Vehicles: Inoperable vehicles may be removed by the City Police Department or a towing service authorized by the Police Department seven (7) days after issuance of municipal notice to the owner of the vehicle and owner of the property. If the owner of the vehicle cannot be determined, notice shall be given in the form of a sticker placed upon the vehicle by the Police Department. The notice provided for herein shall include the right to a hearing and be substantially as follows: (Ord. 91-12, 6-17-91)
Impounded Vehicle Hearing Procedure
MOTION TO OPEN PUBLIC HEARING
SWEARING IN OF WITNESSES
PRESENTATION OF CHARGES OR BASIS OF TOWING/IMPOUNDMENT
TESTIMONY OF POLICE OFFICER TAKING REPORT / PRESENTATION OF ANY SUPORTING EVIDENCE
QUESTIONS ON OFFICER TESTIMONY
TESTIMONY OF VICTIM / PRESENTATION OF ANY SUPPORTING EVIDENCE
QUESTIONS ON VICTIM TESTIMONY
TESTIMONY OF ANY WITNESSES TO INCIDENT / PRESENTATION OF ANY SUPPORTING EVIDENCE
QUESTIONS ON WITNESS TESTIMONY
TESTIMONY OF VEHICLE OWNER / PRESENTATION OF ANY SUPPORTING EVIDENCE
QUESTIONS OF VEHICLE OWNER TESTIMONY
TESTIMONY OF WITNESSES ON BEHALF OF VEHICLE OWNER
QUESTIONS ON WITNESS TESTIMONY
READING ALOUD OF ACTUAL CITY CODE AS IT RELATES TO CASE PRESENTED / RECAP OF EVIDENCE AND TESTIMONY PRESENTED
MOTION TO CLOSE THE PUBLIC HEARING
DISCUSSION ON EVIDENCE PRESENTED AND VOTE BY COUNCIL MEMBERS AS TO THE ISSUES PRESENTED
(B) Abandoned Vehicles: Abandoned vehicles may be removed by the Police Department or a towing service authorized by the Police Department as follows:
- When any abandoned vehicle is left on a highway in an urban district in the City for ten (10) hours or more, or outside of an urban district for twenty four (24) hours or more, its removal by a towing service may be authorized by the Police Department of the City.
- When any abandoned, unattended, wrecked, burned, or partially dismantled vehicle is creating a traffic hazard because of its position in relation to highway or its physical appearance is causing the impeding of traffic, its immediate removal from the highway or private property adjacent to the highway by a towing service may be authorized by the Police Department of the City.
- An abandoned vehicle on private property, except on the property of the owner of the vehicle may be removed by the Police Department or the City seven (7) days after notice is issued to the owner of the vehicle.
(C) Process: The process for impounding vehicles under this Section shall be as follows:
- When a vehicle is removed by authorization of the Police Department of the City as set forth above, the owner of the vehicle shall be responsible for all towing and storage charges.
- When the Police Department of the City authorizes impounding of a vehicle and does not know the identity of the registered owner, lien holder or other legally entitled person, it will cause the vehicle registration records of the State of Illinois to be searched by the Secretary of State for the purpose of obtaining the required ownership information.
The Police Department will cause the stolen motor vehicle files of the State Police to be searched by a directed communication to the State Police for stolen or wanted information on the vehicle. The information determined from these record searches will be used in sending a notification by certified mail to the registered owner, lien holder, and other legally entitled persons advising where the vehicle is held, requesting a disposition be made and setting forth public sale information. Notification shall be sent no later than ten (10) days after the date the Police Department impounds or authorizes the impounding of a vehicle; provided, that if the law enforcement agency is unable to determine the identity of the registered owner, lien holder or other person legally entitled to ownership of the impounded vehicle within a ten (10) day period after impoundment, then notification shall be sent no later than two days after the date the identity of the registered owner, lien holder, or other person legally entitled to ownership of the impounded vehicle is determined.
- When the registered owner, lien holder, or other person legally entitled to the possession of a vehicle cannot be identified from the registration files of this State or from the registration files of a foreign state, if applicable, the Police Department shall notify the State Police, for the purpose of identifying the vehicle owner or other person legally entitled to the possession of the vehicle.
- When a vehicle is authorized to be towed away as provided above, the Police Department shall keep and maintain a record of the vehicle towed, listing the color, year of manufacture, manufacturer’s trade name, manufacturer’s series name, body style, Vehicle Identification Number, license plate year and number and registration sticker year and number displayed on the vehicle. The record shall also include the date and hour of tow, location towed from, location towed to, reason for towing, and the name of the officer authorizing the tow.
- Any time before a vehicle is sold at public sale or disposed of as provided herein, the owner, lien holder, or other person legally entitled to its possession may reclaim the vehicle by presenting to the Police Department proof of ownership or proof of the right to possession of the vehicle. No vehicle shall be released to the owner, lien holder, or other person under this Section until all towing and storage charges have been paid.
- When an abandoned, lost, stolen, inoperable, or unclaimed vehicle seven (7) years of age or newer remains unclaimed by the registered owner, lien holder, or other person legally entitled to his possession for a period of thirty (30) days after notice has been given as provided herein, the Police Department or towing service having possession of the vehicle shall cause it to be sold at public auction to a person licensed as an automotive parts recycler, rebuilder, or scrap processor or the towing operator who towed the vehicle. Notice of the time and place of the sale shall be posted in a conspicuous place for at least ten (10) days prior to the sale on the premises where the vehicle has been impounded. At least ten (10) days prior to the sale, the Police Department or the towing service where the vehicle is impounded, shall cause notice of the time and place of the sale to be sent by certified mail to the registered owner, lien holder, and other persons known by the law enforcement agency or towing service to be legally entitled to the possession of the vehicle. Such notice shall contain a complete description of the vehicle to be sold and what steps must be taken by any legally entitled person to reclaim the vehicle.
In the instances where the certified notification specified above has been returned by the postal authorities to the Police Department or towing service due to the addressee having moved, or being unknown at the address obtained from the registration records of this State, the sending of a second certified notice shall not be required.
- When the identity of the registered owner, lien holder, and other person legally entitled to the possession of an abandoned, lost, or unclaimed vehicle of seven (7) years of age or newer cannot be determined by any means provided for above, the vehicle may be sold as provided above without notice to any person whose identity cannot be determined.
When an abandoned vehicle of more than seven (7) years of age is impounded as specified by this Chapter, it will be kept in custody for a minimum of ten (10) days for the purpose of determining the identity of the registered owner and lien holder and contacting the registered owner and lien holder by the US mail, public service or in person for a determination of disposition; and, an examination of the State Police stolen vehicle files for theft and wanted information. At the expiration of the ten (10) day period, without the benefit of disposition information being received from the registered owner or the lien holder, the Police Department will authorize the disposal of the vehicle as junk or salvage. A vehicle classified as an antique vehicle may however be sold to a person desiring to restore it.
- When a vehicle in the custody of the Police Department is reclaimed by the registered owner, lien holder, or other legally entitled person, or when the vehicle is sold at public sale or otherwise disposed of as provided in this Chapter, a report of the transaction will be maintained by the Police Department for a period of one year from the date of the sale or disposal.
- When a vehicle located within the corporate limits of the City is authorized to be towed away by the Police Department and disposed of as set forth in this Chapter, the proceeds of the public sale or disposition after the deduction of towing, storage, and processing charges shall be deposited in the Treasury of the City.
- No city officer or employee, law enforcement officer or agency, or employee, or a towing service owner, operator or employee shall be held to answer or be liable in any action brought by the registered owner, or his legal representative, lien holder or any other person legally entitled to the possession of a vehicle when the vehicle was processed and sold or disposed of as provided by this Chapter. (Ord. 91-12)
6-6-5: SEIZURE OF CERTAIN VEHICLES:
(A) Vehicles subject to seizure and impounding: A vehicle shall be subject to seizure and impounding under this Chapter where such vehicle is used in any of the following:
- a. The possession or delivery of a controlled substance or drug paraphernalia.
- b. Driving under the influence.
- c. Driving while license, permit, or privilege to operate a motor vehicle is suspended or revoked.
- d. Operation of a motor vehicle without a valid driver’s license.
- e. The unlawful use of weapons.
- f. Any other violation of the Illinois Criminal Code, Illinois Controlled Substances Act, the Cannabis Control Act, the Illinois Food, Drug and Cosmetic Act, or the Methamphetamine Control and Community Protection Act.
(B) Process: Whenever the Police Department has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to this Chapter, it shall:
- Cause the motor vehicle to be towed to a facility controlled by the City or its agents. When the vehicle is towed, the Police Department shall notify any person identifying himself or herself as the owner of the vehicle or any person who has been found to be in control of the vehicle at the time of the alleged violation, if there is such a person, of the fact and legal basis of the seizure and the vehicle owner’s right to request a hearing as provided by applicable state law. A copy of said notice shall also be sent simultaneously to the Sheriff of the county of seizure.
- Notify the Sheriff of the county, the Secretary of State and the State’s Attorney of any seizure under this Section within 48 hours of such seizure and impoundment, or as otherwise provided under the Illinois Criminal Code (720 ILCS 5/36-1 et seq.) and the Illinois Drug Asset Forfeiture Act (725 ILCS 1501 et seq.). If so directed by the Sheriff, the seized vehicle shall be transported to the said Sheriff, and other directions of the Sheriff shall also be followed.
6-6-6: ENFORCEMENT: It shall be the duty of the code enforcement officer of this City to investigate and make report of apparent violations of this Ordinance to the Police Chief of this City who shall, thereupon, take the necessary steps to enforce this Ordinance. Nothing herein contained, however, shall be construed to prevent any other person from making complaint with the proper authorities for any alleged violation of this Ordinance.
6-6-7: PENALTIES: Any person who violates or aids and abets in the violation of the above provisions is guilty of a petty offense, and:4
(A) Shall be fined not less than fifty dollars ($50.00) nor more than one hundred dollars ($100) for each offense, each day the violation is permitted or maintained constituting a separate offense, and each motor vehicle involved constituting the subject of a separate offense;
(B) Shall be required by the Court to make a disposition of the seized, abandoned or unclaimed vehicle and pay all towing and storage charges. (Ord. 92-13, 7-6-92)
6-6-8: EXCEPTIONS: The following are allowable exceptions to the provisions of this Chapter:
(A) Vehicles which are twenty-five (25) years old or older and are being restored to an operable condition may be stored on private property outside an enclosed building. This is to be in the driveway of the residence at a point not to protrude past the front line of the residence or in the rear yard of the property, and subject to the following requirements:
- No more than two (2) of these vehicles are allowed at one (1) location at the same time.
- A permit application for each vehicle must be filed with the City Administrator prior to approval for the storage of the vehicle.
- A permit fee of seventy-five dollars ($75.00) will be charged for each permit.
- Permits will be valid for one (1) year. Limit of three (3) permits per year per residence. (Ord. 04-04, 3-15-04)
(B) Fees and Costs.
The processing fee referred to in this Chapter 6, shall be $300.00 per vehicle.
The storage cost referred to in this Chapter 6, shall be $5.00 per day per vehicle.
The towing cost referred to in this Chapter 6, shall be that normal and customary charge for the type of subject vehicle charged by the towing company hired to tow the vehicle.
|6-7-5:||Lien for Costs|
6-7-1: WEEDS PROHIBITED: It shall be unlawful for any person to permit the lot or premises owned or possessed by him, on the street in front of or adjoining the lot or premises owned or occupied by him, to become overgrown with weeds; and the same shall be cleared and all trash or dirt shall be removed, and such premises kept in neat and clean condition.
6-7-2: HEIGHT: It shall be unlawful to permit any weeds, grass or plants other than trees, bushes, flowers, vegetables, or other ornamental plants, to grow to a height exceeding eight inches (8”) anywhere in the City; any such plants or weeds exceeding such height are declared to be a nuisance.
6-7-3: REMOVAL; NOTICE: It shall be the duty of the Chief of Police to serve or cause to be served notice upon the owner or occupant of any premises on which weeds or plants are permitted to grow in violation of the provisions of the Ordinance, and to demand the abatement of the nuisance within ten (10) days.
6-7-4: ABATEMENT: If the person so served does not abate the nuisance within ten (10) days, the Chief of Police may proceed to cause the abatement of such nuisance, keeping an account of the expense of the same, and such expense shall be charged to and paid by the owner or occupant.
6-7-5: LIEN FOR COSTS: If the owner or occupant charged with expense of abatement shall fail to pay therefore within thirty (30) days, then the Clerk may cause to be filed within sixty (60) days a Notice of Lien in the office of the Recorder of Deeds of Fulton County, Illinois. The notice shall consist of a sworn statement setting out (1) description of the real estate sufficient for identification thereof, (2) the amount of money representing the cost and expense incurred or payable for such abatement, and (3) the date or dates when such cost and expense was incurred by the City. (Illinois Revised Statutes, Chapter 24, Sections 11-20-6 and 11-6-7, 1975) (Ord. 77-7, 6-27-77)
6-7-6: FINE: Any person in violation of the terms of this Chapter may be fined not less than $20.00 nor more than $100 for each offense. Each day, such violation is committed or permitted to continue, shall constitute a separate offense and shall be punishable as such hereunder. (Ord. 94-11, 6-6-94)
|6-8-2:||Compulsory School Attendance|
The following words, terms and phrases when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Truant is defined as a child subject to compulsory school attendance who is absent without valid cause from such attendance for a school day or portion thereof.
Valid cause is defined as personal illness, serious family illness, death in the immediate family, observance of a religious holiday, family emergency, court appearance, or such other circumstance which causes reasonable concern to the parent or legal guardian for the safety or health of the student.
6-8-2: COMPULSORY SCHOOL ATTENDANCE:
Whoever has custody or control of any child between the ages of seven and 17 years shall cause such child to attend a public, private, parochial or home school the entire time it is in session during the regular school term.
The following children shall be exempt from compulsory school attendance:
- Any child who is physically or mentally unable to attend school as long as such disability is certified by a licensed physician.
- Any child who is lawfully employed who has been excused from attendance at school by the superintendent of schools pursuant to section 5/26-1 of the Illinois School Code.
6-8-4: PARENTAL RESPONSIBILITY:
Each parent or legal guardian of a child between the ages of seven and 17 years shall be responsible for such child’s attendance.
6-8-5: TRUANCY PROHIBITED:
(a) It shall be unlawful for any person who has custody or control of a child who is between the ages of seven and 17 years to permit such child not to attend a public, private, parochial or home school during the entire time it is in session during the regular school terms without valid cause.
(b) It shall be unlawful for any person between the ages of seven and 16 years not to attend a public, private, parochial or home school without valid cause.
(a) Any person convicted of a violation of any act declared to be unlawful by this article shall be punished by a fine of not less than $50.00 nor more than $500.00 for each offense.
(b) No person shall be found guilty of more than one violation of this article as a result of any one occurrence.