[Ord. 2014-30, 7-21-2014]
Whenever a police officer observes one or more persons engaged in narcotics related loitering in any public place designated for the enforcement of this chapter under Section 59-2 of this chapter, the police officer shall: a) inform all such persons that they are engaged in loitering within an area in which such loitering is prohibited; b) order all such persons to disperse and remove themselves from within sight and hearing of the place at which the order was issued; and c) inform those persons that they will be subject to arrest if they fail to obey the order promptly or if they engage in further narcotics related loitering within sight or hearing of the place at which the order was issued during the next eight hours.
[Ord. 2014-30, 7-21-2014]
The Chief of Police shall, by written directive, designate areas
of the Village in which the chief has determined that enforcement
of this chapter is necessary, because of concerns regarding narcotics
related activities, including loitering occurring in such areas. Prior
to making a determination under this section, the Chief of Police
shall consult, as he or she deems appropriate, with persons who are
knowledgeable about the effects of narcotics related activity in areas
in which this chapter may be enforced. Such persons may include, but
need not be limited to, members of the Village's police department
with special training or experience related to narcotics related activity;
other personnel of the Village's police department with particular
knowledge of narcotics related activities in the proposed designated
area; elected and appointed officials of the Village; and community
based organizations. The Chief of Police shall develop and implement
procedures for the periodic review and update of designations made
under this section.
[Ord. 2014-30, 7-21-2014]
As used in this chapter:
Remaining in any one place under circumstances that would
warrant a reasonable person to believe that the purpose or effect
of that behavior is to facilitate the distribution of substances,
in violation of the cannabis control act or the Illinois controlled
substances act.
The public way or any other location open to the public,
whether publicly or privately owned.
[Ord. 2014-30, 7-21-2014]
Any person who fails to obey promptly an order issued under Section 59-1 of this chapter, or who engages in further narcotics related loitering within sight or hearing of the place at which such an order was issued during the eight hour period following the time the order was issued, is subject to a fine of not less than $100 and not more than $750 for each offense, or imprisonment for not more than six months for each offense, or both. A second or subsequent offense shall be punishable by a mandatory minimum sentence of not less than five days' imprisonment.
In addition to or instead of the above penalties, any person
who violates this chapter may be required to perform up to 120 hours
of community service through the sheriff's work alternative program
(SWAP) or in the alternative through the department of social services,
should the person be ineligible for SWAP due to age.
[Ord. 2014-30, 7-21-2014]
Upon a third or subsequent conviction for a violation of Section 59-1 of this chapter or Section 58-1 of this Code, or any combination thereof, within any twelve-month period, a court, in addition to imposing the penalties prescribed in Section 59-1 of this chapter, shall enter an order requiring the convicted person to refrain, for a mandatory period of 30 days, from narcotics related loitering, or "gang loitering" as defined in Section 58-4 of this Code, within sight and hearing of the place of the police officer's order issued under Section 59-1 of this chapter which served as the basis for the person's most recent conviction, unless circumstances strongly mandate that such period should be shorter. Such an order must be obeyed regardless of whether any additional warning or notice is given to the person. Any person who violates an order issued by a court under this section shall be subject to a mandatory minimum sentence of not less than five days' imprisonment, but not more than six months' imprisonment, plus a fine of not less than $100 and not more than $750, for each violation. In addition to or instead of the penalties prescribed in this section, any person who violates an order issued by a court under this section may be required to perform up to 120 hours of community service, pursuant to Section 59-4 of this chapter.
