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
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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