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HomeMy WebLinkAboutORDINANCE - 3202 - 4/14/2009 - AMEND CODE/PROPERTY DAMAGE/HEALTH, MORALS & DECENCYORDINANCE NO. 3202 AN ORDINANCE AMENDING CHAPTER 6 MISCELLANEOUS OFFENSES OF TITLE 6 OF THE ELK GROVE VILLAGE CODE AS IT RELATES TO OFFENSES INVOLVING DAMAGE TO PROPERTY AND OFFENSES RELATING TO HEALTH, MORALS AND DECENCY WHEREAS, the Elk Grove Village Police Department has noticed an increase in juvenile criminal activity, often times from individuals from neighboring communities; and WHEREAS, the Department has advised the Village Prosecutor that it would be in the best interest of the Department to amend various sections of the Village Code pertaining to offenses related to minors and other petty offenses; and WHEREAS, the Mayor and Board of Trustees of the Village of Elk Grove Village, after considering the recommendation of the Police Department and the Village Prosecutor, are of the opinion that the Village Code should be amended as requested. NOW, THEREFORE BE IT ORDAINED, by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois as follows: Section 1: That Section 6-6-2 Offenses Involving Property be amended by adding thereto the following offenses: 6-6-2-6 Malicious Mischief It shall be unlawful for any person to knowingly or maliciously deposit or throw any materials upon any dwelling, structure, vehicle or property of another without lawful consent or permission of the owner. 6-6-2-7 Theft (a) It shall be unlawful for any person to knowingly obtain control over the property having a value of less than $300 of another with the intent to permanently deprive the owner of its benefit or use. (b) It shall be unlawful for any person to knowingly obtain control of property having a value of less than $300 which has been stolen by another person or under such circumstances that would reasonably lead him to believe the property was stolen. (c) It shall be unlawful for any person to knowingly conceal any property having a value of less than $300 knowing that such concealment will permanently deprive the owner of the use or benefit of such property. (d) It shall be unlawful for any person to obtain control over the lost or mislaid property of another without taking reasonable measures to return the property with the intent to permanently deprive the owner of its use or benefit. 6-6-2-8 Retail Theft A person commits the offense of retail theft when such person knowingly: (a) Takes possession of. carries away, transfers or causes to be carried away or transfers any merchandise with a value of not more than $0.00 displayed, held; stored or offered for sale in a retail mercantile establishment, with the intention of retaining such merchandise or with the intention of depriving the merchant permanently of the possession, use or benefit of such merchandise, without paying full retail value of such merchandise. (b) Alters, transfers or removes any label, price tag, marking, indicia of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment and attempts to purchase such merchandise personally, or in consort with another, at less than the full retail value with the intention of depriving the merchant of the full retail value of such merchandise. (c) Transfers any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment from the container in or on which such merchandise is displayed to any other container, with the intention of depriving the merchant of the full retail value of such merchandise. 6-6-2-9 Graffiti It shall be unlawful for any person to place graffiti upon any building, fence, wall, gate, tree, structure, or other private or public property within the Village. For purposes of this section, ..graffiti" shall include any symbol, sign, drawing, marking, painting, sketch, diagram, placed on any private or public property without the prior consent of the owner. Section 2: That Section 6-6-3 Offenses Relating to Health, Morals and Decency be amended by adding thereto the following: 6-6-3-9 Children in Dwelling of another Without Permission It shall be unlawful for any person over the age of (17) years of age to allow any unemancipated minor to remain overnight in his or her dwelling without the express permission and consent of the minor's parents; legal guardian; person in loco parentis; or court of competent jurisdiction. 6-6-3-10 Encouraging Delinquency It shall be unlawful for any person; by act or neglect; to encourage, aid or cause any child to violate any municipal ordinance. Section 3: That any person violating any of the provisions of this Ordinance shall be subject to a fine of not less than $2.00 nor more than $00.00 for each offense. Section 4: That the Village Clerk is here by authorized to publish this Ordinance in pamphlet form. Section 5: That this Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 14`h day of April 2009. APPROVED this 14`h day of April 2009. APPROVED: Mayor Cram B. Johnson Village of Elk Grove Village ATTEST: Ann L Walsh, Village Clerk PUBLISHED this 17`h day of April 2009 in pamphlet form. Ordmalicious.doc