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Village of Westville, IL
Vermilion County
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Table of Contents
Table of Contents
As used in this article, the following terms shall have the meanings indicated:
CHILD SEX OFFENDER
Includes any person required to register his or her residence address with any state, or with the federal government, as a result of his or her conviction as a sex offender, where the victim of that sex offense was under the age of 18 years at the time of the offense. A child sex offender includes, but is not limited to, any person required to register under the Illinois Sex Offender Registration Act (730 ILCS 150/1 et seq.), as now or as hereafter amended, where the victim was under the age of 18 years at the time of the offense. A child sex offender further includes, but is not limited to, any person who has been convicted of any of the following statutory offenses, or convicted of attempting to commit any of the following statutory offenses, as now or hereafter amended, involving a victim under the age of 18 years:
A. 
Sexual exploitation of a child (720 ILCS 5/11-9.1);
B. 
Predatory criminal sexual assault of a child (720 ILCS 5/12-14.1);
C. 
Indecent solicitation of a child (720 ILCS 5/11-6);
D. 
Public indecency committed on school property (720 ILCS 5/11-30);
E. 
Child luring [720 ILCS 5/10-5(b)(10)];
F. 
Aiding and abetting child abduction [720 ILCS 5/10-7 or 720 ILCS 5/10(b)(10)];
G. 
Soliciting for a juvenile prostitute (720 ILCS 5/11-15.1);
H. 
Patronizing a juvenile prostitute (720 ILCS 5/11-18.1);[1]
I. 
Child pornography (720 ILCS 5/11-20.1);
J. 
Criminal sexual assault (720 ILCS 5/12-13);
K. 
Aggravated criminal sexual assault (720 ILCS 5/11-1.20);
L. 
Aggravated criminal sexual abuse (720 ILCS 5/11-1.60);
M. 
Kidnapping or aggravated kidnapping (720 ILCS 5/10-1 or 5/10-2);
N. 
Unlawful restraint or aggravated unlawful restraint (720 ILCS 5/10-3 or 5/10-3.1).
LOITER
Standing or sitting idly, whether or not the person is in a vehicle or remaining in or around property that is from time to time frequented by persons under the age of 18 years.
PARK
Includes any playground, walking track, athletic field, gymnasium, basketball court, baseball diamond, or other real estate owned or controlled by a school or unit of a local government, that is designated primarily for recreation. The term "park" shall also include any privately owned recreational area upon which the Village has been authorized by its owner to patrol and enforce the ordinances contained in this Code. The term "park" shall also include ancillary rest rooms and vehicle parking lots designated for use primarily by park patrons or school students and their families.
SCHOOL
Any real property used primarily for educational or child-care purposes, including, but not limited to, elementary schools, middle schools, high schools, dance studios, licensed child day-care facilities, and preschools.
[1]
Editor's Note: Original Subsection (9) of this definition, Exploitation of a child (720 ILCS 5/11-19.2), which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
It is unlawful for a child sex offender to reside within 1,500 feet of any of the following:
(1) 
The real property comprising any school attended by persons under the age of 18 years; or
(2) 
The real property comprising any park.
B. 
It is unlawful for any child sex offender to loiter on any public property, public right-of-way, or area designated for parking of motor vehicles, within 1,500 feet of any of the following, unless the person loitering is with a child under the age of 18 years and the person loitering is a parent, step-parent, aunt, uncle, cousin, sibling, or step-sibling of that child under the age of 18 years:
(1) 
The real property comprising any school attended by persons under the age of 18 years; or
(2) 
The real property comprising any park.
C. 
It is unlawful for any person, corporation, business, partnership, trust, manager, or other entity to employ a sex offender within 1,500 feet of any festival or other event which is open to the public.
D. 
It is unlawful for any person, corporation, business, partnership, trust, manager, or other entity to enter into a lease agreement, or to renew any lease agreement, letting residential real estate to a child sex offender, where the lot line of the residential property is within 1,500 feet of any of the following:
(1) 
The real property comprising any school attended by persons under the age of 18 years; or
(2) 
The real property comprising any park.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person found guilty of violating Subsection A or B of § 260-103 shall be subject to a fine between $100 and $750, with each day a violation continues constituting a separate offense. Any person, corporation, business, partnership, trust, manager, or other entity guilty of violating Subsection C or D of § 260-103 shall be subject to a fine between $100 and $750, revocation of business license, or both. Each day a violation continues shall constitute a separate offense. Any person, corporation, business, partnership, trust, manager or other entity violating Subsection C or D of § 260-103 shall be presumed to have had knowledge of the employee's or tenant's status as a child sex offender, where the employee's or tenant's name, photo, or other identifying information appears on the Illinois State Police statewide sex offender database, as published on the internet on the Illinois State Police world wide web home page, per the Sex Offender Community Notification Law (730 ILCS 152/101 et seq.), as now or hereafter amended.
A. 
In the event a court of competent jurisdiction should declare the terms of any portion of this article invalid or unenforceable, the remainder of this article shall remain in full force and effect.
B. 
All distances designated in this article shall be measured from the lot line of the park property or school property and from the lot line of the subject residence.
C. 
Nothing in this article prohibits a child sex offender from residing within 1,500 feet of any property if that residence is owned or leased by the child sex offender before the effective date of this article. This article is intended to apply to and prevent such new residential lease agreements, and renewals of expired residential leases, entered into after the effective date of this article.