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1983-031• June 7, 1983 0 Ordinance No. 83- 31 An Ordinance Amending Title 9 of the Buffalo Grove Municipal Code Prohibiting Public Nuisance Assemblages WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the Corporate Authorities have become aware of increased incidences of unsupervised gatherings of persons without the presence of responsible supervision resulting in conduct constituting a nuisance to both neighboring properties and the community at large; and WHEREAS, the Corporate Authorities recognize the need to provide the means of eliminating this problem in order to ensure the continued safety of the property and residents of the Village of Buffalo Grove; and WHEREAS, the Corporate Authorities believe that increased responsibility on the part of property owners for actions of persons on their property is essential for the effective control and elimination of the offenses referenced above; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: SECTION 1: Title 9, of the Village of Buffalo Grove Municipal Code, as amended, is hereby amended by adding Chapter 9.34, which shall read as follows: Section 9.34.010 Definitions. The following words and phrases, whenever used in this Chapter shall be construed as defined in this section: A. "Knowledge - a person knows, or acts knowingly or with knowledge of: 1. The nature or attendant circumstances of his conduct, described by the section defining the offense, when he is consciously aware that his conduct is of such nature or that such circumstances exist. Knowledge of a material fact includes awareness of the substantial probability that such fact exists. 2. The result of his conduct, described by the section defining the offense, when he is consciously aware that such result is practically certain to be caused by his conduct. B. "Negligence" - a person is negligent, or acts negligently, when he fails to be aware of a substantial and unjustifiable risk that circumstances exist or a result will follow, described by the section defining the offense; and such failure constitutes a substantial deviation from the standard of care which a reasonable person would exercise in the situation -2- • C. "Owner" - a person who has possession of or any other interest in the property involved, even though such interest or possession is unlawful Section 9.34.020 Public Nuisance Assemblages. It shall be unlawful for the owner of any real property within the Village of Buffalo Grove to knowingly cause, permit or condone, or negligently permit or condone thereon any assemblage of persons that endangers the peace, safety and tranquility of the residents of the Village of Buffalo Grove. Section 9.34.030 Acts Designated - Prohibited. Acts which are declared to endanger the peace, safety and tranquility of the residents of Buffalo Grove are committed by any of the following: A. Possession or consumption of alcoholic beverages by persons under the age of 21 years, except in the performance of a religious service or ceremony, when making a delivery of an alcoholic beverage in pursuance of the order of his parent, or in pursuance of his employment. B. Use or clear evidence of use of cannabis or other controlled substances prohibited by Village ordinance and /or Illinois Statute. C. Fireworks or other explosive compositions shall not be unlawfully discharged, ignited or exploded. -3- e e Section 9.34.040 Violation - Penalty. Any person violating the provisions of this Chapter shall be punished as provided in Chapter 1.08. SECTION 2. This ordinance shall be in full force and effect from and after its passage, approval and publication. This ordinance may be published in pamphlet form. AYES: 5 - Marienthal, O'Reilly, Harts.tein, Schwartz, Glover NAYES : 1 - Stone ABSENT: 0 - None PASSED: June 20 APPROVED: June 20 PUBLISHED: June 21 ATTEST: I)l, &juawt Vil ge Clerk -4- 1983 1983 1983 APPROVED: Village President 1 VILLAGE OF BUFFALO GROVE ORD INANCE rd0 THE PRESIDTHE VILLAGE ADOPTED BY OF AND BOARD OF TRUSTEES VE 19' pF ,yS/�UFFALO GR Lev DAY OF TH I S _, ..— author °f the la e fished in PamPrd off Tru beese �ou,tle �' Ilg inois, Pub 1 19- "Board President and C°°k nd La °f guffalO G °day of this �W, d T r• June 7, 1983 t , Ordinance No. 83 -31 An Ordinance Amending Title 9 of the Buffalo Grove Municipal Code Prohibiting Public Nuisance Assemblages WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the Corporate Authorities have become aware of increased incidences of unsupervised gatherings of persons without the presence of responsible supervision resulting in conduct constituting a nuisance to both neighboring properties and the community at large; and WHEREAS, the Corporate Authorities recognize the need to provide the means of eliminating this problem in order to ensure the continued safety of the property and residents of the Village of Buffalo Grove; and WHEREAS, the Corporate Authorities believe that increased responsibility on the part of property owners for actions of persons on their property is essential for the effective control and elimination of the offenses referenced above; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: f I SECTION 1: Title 9, of the Village of Buffalo Grove Municipal Code, as amended, is hereby amended by adding Chapter 9.34, which shall read as follows: Section 9.34.010 Definitions. The following words and phrases, whenever used in this Chapter shall be construed as defined in this section: A. "Knowledge - a person knows, or acts knowingly or with knowledge of: 1. The nature or attendant circumstances of his conduct, described by the section defining the offense, when he is consciously aware that his conduct is of such nature or that such circumstances exist. Knowledge of a material fact includes awareness of the substantial probability that such fact exists. 2. The result of his conduct, described by the section defining the offense, when he is consciously aware that such result is practically certain to be caused by his conduct. B. "Negligence" - a person is negligent, or acts negligently, when he fails to be aware of a substantial and unjustifiable risk that circumstances exist or a result will follow, described by the section defining the offense; and such failure constitutes a substantial deviation from the standard of care which a reasonable person would exercise in the situation -2- A C. "Owner" - a person who has possession of or any other interest in the property involved, even though such interest or possession is unlawful Section 9.34.020 Public Nuisance Assemblages. It shall be unlawful for the owner of any real property within the Village of Buffalo Grove to knowingly cause, permit or condone, or negligently permit or condone thereon any assemblage of persons that endangers the peace, safety and tranquility of the residents of the Village of Buffalo Grove. Section 9.34.030 Acts Designated - Prohibited. Acts which are declared to endanger the peace, safety and tranquility of the residents of Buffalo Grove are committed by any of the following: A. Possession or consumption of alcoholic beverages by persons under the age of 21 years, except in the performance of a religious service or ceremony, when making a delivery of an alcoholic beverage in pursuance of the order of his parent, or in pursuance of his employment. B. Use or clear evidence of use of cannabis or other controlled substances prohibited by Village ordinance and /or Illinois Statute. C. Fireworks or other explosive compositions shall not be unlawfully discharged, ignited or exploded. -3- s 1 Section 9.34.040 Violation - Penalty. Any person violating the provisions of this Chapter shall be punished as provided in Chapter 1.08. SECTION 2. This ordinance shall be in full force and effect from and after its passage, approval and publication. This ordinance may be published in pamphlet form. AYES: 5 - Marienthal, O'Reilly, Hartstein, Schwartz, Glover NAYES : 1 - Stone ABSENT: 0 - None PASSED: APPROVED: PUBLISHED: June 20 June 20 June 21 APPROVED:_ i , V ATTEST: c� Vil ge Clerjc ��) 1M 1983 1983 1983 age President