Chapter 12: Offenses – Miscellaneous, Curfew

Sec. 12-1. Elements of the Offense - Disorderly Conduct

A person commits disorderly conduct when he knowingly:

a. Does any act in such unreasonable manner as to alarm or disturb another and to provoke a breach of
the peace; or

b. Transmits in any manner to the fire department of any city, town, Village or fire protection district a
false alarm of fire, knowing at the time of such transmission that there is no reasonable ground for
believing that such fire exists; or

c. Transmits in any manner to another a false alarm to the effect that a bomb or other explosive of any
nature is concealed in such place that its explosion would endanger human life, knowing at the time of
such transmission that there is no reasonable ground for believing that such bomb or explosive is
concealed in such place; or

d. Transmits in any manner to any peace officer, public officer or public employee a report to the effect
that an offense has been committed, knowing at the time of such transmission that there is no
reasonable ground for believing that such an offense has been committed; or

e. Enters upon the property of another and for a lewd or unlawful purpose deliberately looks into a
dwelling on the property through any window or other opening in it; or

f. While acting as a collection agency as defined in the "Collection Agency Act" [225ILCS 425/1 et
seq.] or as an employee of such collection agency, and while attempting to collect an alleged debt,
makes a telephone call to the alleged debtor which is designed to harass, annoy, or intimidate the
alleged debtor; or

g. Transmits a false report to the Department of Children and Family Services under Section 4 of the
"Abused and Neglected Child Reporting Act" [325ILCS 5/4]; or

h. Transmits a false report to the Department of Public Health under the Nursing Home Care Act
[210ILCS 45/1-101 et seq.]; or

i. Transmits in any manner to the police department or fire department of any municipality or fire
protection district, or any privately owned and operated ambulance service, a false request for an
ambulance, emergency medical technician -ambulance or emergency medical technician -paramedic
knowing at the time there is no reasonable ground for believing that such assistance is required; or

j. Transmits a false report under Article II o f "An Act in relation to victims of violence and abuse",
approved September 16, 1984, as amended [320 ILCS 15/0.01 et seq.]; or

k. With intent to annoy another, makes a telephone call, whether or not conversation thereby ensues.

State law reference - Similar provisions, Illinois Compiled Statute 720ILCS5\26-1.

Sec. 12-2. Nuisances Generally. Deleted. (Ord. 2023-3; Deleted; 3/27/2023)

Sec 12-3. Assault.

A person commits an assault when, without lawful authority, he engages in conduct which places another
in reasonable apprehension of receiving a battery.

State law reference - Similar provisions, Illinois Compiled Statute 720ILCS5\12-1.

Sec. 12-4. Battery

A person commits battery if he intentionally or knowingly without legal justification and by any means:

a. Causes bodily harm to an individual; or

b. Makes physical contact of an insulting or provoking nature with an individual.

State law reference - Similar provisions, Illinois Compiled Statute 720ILCS5\12-3.

Sec. 12-5. Criminal Damage to Property

A person commits an illegal act when he:

a. Knowingly damages any property of another without his consent; or

b. Recklessly by means of fire or explosive damages property of another; or

c. Knowingly starts a fire on the land of another without his consent; or

d. Knowingly injures a domestic animal of another without his consent; or

e. Knowingly deposits on the land or in the building of another, without his consent, any stink bomb or any
offensive smelling compound and thereby intends to interfere with the use by another of the land or building;
or

f. Damages any property, other than as described in subsection (b) of Section 20 -1 of the Illinois Compiled
Statutes, with intent to defraud an insurer.

State law reference - Similar provisions, Illinois Compiled Statute 720ILCS5\21-1.

Sec. 12-6. Public Indecency

A. Any person of the age of seventeen (17) years and upwards who performs any of the following acts in
a public place commits a public indecency:

a. An act of sexual penetration or sexual conduct as defined in 720ILCS5/12-12; or

b. A lewd exposure of the body done with intent to arouse or to satisfy the sexual desire of the
person; or

B. "Public place" for purposes of this section means any place where the conduct may reasonably be
expected to be viewed by others.

State law reference - Similar provisions, Illinois Compiled Statute 720ILCS5\11-9.

Sec. 12-7. Noise

A. Purpose of Section, it is found and declared that:

a. The making and creation of loud, unnecessary, or unusual noises within the limits of the
Village is a condition which has existed for some time and the extent and volume of such
noises is increasing.

b. The making, creation, or maintenance of such loud, unnecessary, unnatural, or unusual noises
which are prolonged, unusual and unnatural in their time, place and use affect and aide a
detriment to public health, comfort, convenience, safety, welfare, and prosperity of the
residents of the Village.

c. The necessity in the public interest for the provisions and prohibitions contained in this
Section is declared as a matter of legislative detem1ination and public policy, and it is further
declared that the provisions and prohibitions contained and enacted in this Section are in
pursuance of and for the purpose of securing and promoting the public health, comfort,
convenience, safety, welfare and prosperity and the peace and quiet of the Village and its
inhabitants.

d. No person owning, or in possession or control of, any building or premises shall use the same,
permit the use of the same, or rent the same to be used for any business or employment or
residential use, or for any purpose of pleasure or recreation, if such use shall, by its boisterous
nature, disturb or destroy the peace of the neighborhood in which such building or premises is
situated, or be dangerous or detrimental to the public health.

B. Penalty for Violation of Section.
Any person or persons, corporation, firm, or organization which shall violate any provision of
this Ordinance shall be fined not less than two hundred fifty and 00/100 dollars ($250.00) nor more
than seven hundred fifty and 00/100 dollars ($750.00), plus any court costs. Each day any violation of
this ordinance shall continue shall constitute a separate offense. The number of repeated violations
shall be taken into account when assessing the fine amount. This Section may be enforced by the
Winnebago County Sheriff's Department and/or the Village.

C. Disturbing, Endangering Health, Peace, or Safety of Others.

It shall be unlawful for any person to make, continue, or cause to be made or continued any loud,

unnecessary, or unusual noise or any noise which either annoys, disturbs, injures or endangers the
comfort, repose, health, peace or safety of others, within the limits of the Village.

D. Acts Specifically Declared to be Violations of this Section.

The following acts, among others, are declared to be loud, disturbing, and unnecessary noises in
violation of this Section, but such enumeration shall not be deemed to be exclusive, namely:

a. Radios; phonographs; sound -producing or reproducing machines and devices. The using,
operating, or permitting to be played, used or operated any radio receiving set, musical
instrument, phonograph, or other machine or device for the producing or reproducing of
sound in such manner as to disturb the peace, quiet and comfort of the neighboring
inhabitants, or at any time with louder volume than is necessary for convenient hearing for the
persons who are in the room, chamber or outside area in which such machine or device is
operated and who are voluntary listeners thereto. The operation of any such set, instrument,
phonograph, machine, or device between the hours of 10:00 p.m. and 7:00 a.m. on Sunday
through Thursday; and between the hours of midnight through 7:00 a.m. on Friday and
Saturday, in such a manner as to be plainly audible at a distance of 50 feet from the building,
structure or area in which it is located shall be prima facie evidence of a violation of this
section.

b. Loudspeakers; amplifiers for advertising. The using, operating, or permitting to be played,
used, or operated of any radio receiving set, musical instrument, phonograph, loudspeaker,
sound amplifier, or other machine or device for the producing or reproducing of sound which
is cast upon the public streets or public way for the purpose of commercial advertising or
attracting the attention of the public to any building or structure except with permission of the
Village Chief of Police. The term "public way" means all streets, alleys, sidewalks,
boulevards, public parking lots, and other public rights-of-way.

c. Yelling, shouting, hooting, whistling, or singing. Yelling, shouting, hooting, whistling, or
singing on the public streets or public property, particularly between the hours of 10:00 p.m.
and 7:00 a.m. Sunday through Thursday or 11:00 p.m. and 7:00 a.m. on Friday and Saturday,
or at any time or place so as to annoy or disturb the quiet, comfort, or repose of persons in any
office, or in any dwelling, hotel or other type of residence, or of any persons in the vicinity.

d. Animals; birds. The keeping of any animal or bird which by causing frequent or long
continued noise, including, but not limited to, barking, howling, crying, squawking, chirping,
or hissing, which shall disturb the comfort or repose of any persons in the vicinity.

e. Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary
internal combustion engine, motorboat, or motor vehicle, except through a muffler or other
device which will effectively prevent loud or explosive noises therefrom.

f. Construction or repairing of buildings. The erection (including excavating), demolition,
alteration or repair of any building or structure between the hours of 9:00 p.m. and 6:00 a.m.
except in case of urgent necessity in the interest of public health and safety, and then only
with a permit from the Village.

g. Schools; courts; churches. The creation of any excessive noise on any street adjacent to any
school, institution of learning, church, or court while the same are in use.

h. Piledrivers; hammers; other power tools or devices. The operation between the hours of 9:00
p.m. and 6:00 a.m. of any piledriver, power mower, steam shovel, pneumatic hammer,
derrick, steam or electric hoist or other power tool, saw or device, the use of which is attended
by loud or unusual noise.

i. Blowers. The operation of any noise creating blower or power fan unless the noise from such
blower or fan is muffled sufficient to deaden such noise.

E. Exceptions to Regulations.

The following are exempt from the regulations set forth in Section D:

a. Sirens and bells on emergency vehicles.

b. Fire and burglar alarms.

c. Emergency management warning systems.

d. Train whistles and horns.

e. Authorized fireworks display; and

f. Authorized concert, parades, and events previously approved by the Village. (Ord. 2021-11;
9/13/21)

Sec. 12-8. Discharging Firearms, Fireworks

It shall be unlawful to fire or discharge any firearm in the Village, or to fire or discharge any fireworks
other than at an approved public display in accordance with Illinois Revised Statutes, Chapter 127 1/2,128.

Sec. 12-9. Mob Action

Mob action consists of any of the following:

a. The use of force or violence disturbing the public peace by 2 or more persons acting together and
without authority of law; or

b. The assembly of 2 or more persons to do an unlawful act; or

c. The assembly of 2 or more persons, without authority of law, for the purpose of doing violence to
the person or property of any one supposed to have been guilty of a violation of the law, or for the
purpose of exercising correctional powers or regulative powers over any person by violence.

State law reference - Similar provisions, Illinois Compiled Statute 720ILCS525/1.

Sec 12-10. Unlawful Assembly.

The assembly of any persons to witness an unlawful act, knowing that such act is in violation of Federal
law, State law, or local ordinance.

Sec. 12-11. Barbed Wire and Electrically Charged Fences

It shall be unlawful to maintain or construct any fence composed in whole or in part of barbed wire, or
with any similar material designed to cause injury to persons or animals, or any above ground wire charged
with electric current. (Ord. 2006-1; 6/12/06)

Sec. 12-12. Dense Smoke; Testing

It shall be unlawful to cause or permit the emission of dense smoke from any fire, chimney, engine, oil
burner or any other agency in the Village so as to cause annoyance or discomfort to the residents thereof.

Sec. 12-13. Sound Amplification Systems

It shall be u nlawful to caus e or permit to be operated any sound amplifier or radio so as to cause
unnecessary sound audible on any street or other public place.

Sec. 12-14. Climbing Telephone Poles

No person shall climb upon any telegraph pole, telephone pole, electric light pole, or sign pole, unless in
the performance of his duties.

Sec. 12-15. Curfew for Minors

A. It shall be unlawful for a person less than eighteen (18) years of age to be present at or upon any public
assembly, building, place, street or highway at the following times unless accompanied and supervised by a
parent, legal guardian, or unless engaged in a business or occupation which the laws of this state authorize a
person less than eighteen (18) years of age to perform:

a. Between 12:01 a.m. and 6:00 a.m. Saturday.

b. Between 12:01 a.m. and 6:00 a.m. Sunday.

c. Between 11:00 p.m. on Sunday to Thursday, inclusive, and 6:00 a.m. on the following day.

B. It shall be unlawful for a person less than sixteen (16) years of age to be present at or upon any public
assembly building, place, street or highway at the following times unless accompanied and supervised by a
parent, legal guardian, or unless engaged in a business or occupation which the laws of this state authorize a
person less than sixteen (16) years of age to perform.

a. Between 11:01 p.m. and Friday and 6:00 a.m. Saturday.

b. Between 11:01 p.m. Saturday and 6:00 a.m. Sunday.

c. Between 10:00 p.m. on Sunday to Thursday, inclusive, and 6:00 a.m. on the following day.

C. It shall be unlawful for a person less than fourteen (14) years of age to be present at or upon any public
assembly building, place, street or highway at the following times unless accompanied and supervised by a
parent, legal guardian, or unless engaged in a business or occupation which the laws of this state authorize a
person less than fourteen (14) years of age to perform.

a. Between 10:01 p.m. and Friday and 6:00 a.m. Saturday.

b. Between 10:01 p.m. Saturday and 6:00 a.m. Sunday.

c. Between 9:00 p.m. on Sunday to Thursday, inclusive, and 6:00 a.m. on the following day.

D. It shall be unlawful for a parent, legal guardian or other person to knowingly permit a person in his
custody or control to violate subsection (a), (b) or (c) of this section.

E. Whoever violates any of the provisions of this Section shall be f ined twenty-five ($25.00) dollars. (Ord.
2001-2; 3/26/01)

Sec. 12-16. Tobacco

A. Sale of tobacco products, tobacco accessories, electronic cigarettes, and/or smoking herbs to persons
under 21 years of age. It shall be unlawful for any person, firm, or corporation to sell, buy for, furnish,
exchange or give away any tobacco products, tobacco accessories, electronic cigarettes, and/or
smoking herbs in any form to any person under the age of 21 years.

B. Possession of tobacco products, tobacco accessories, electronic cigarettes, and/or smoking herbs by
persons under 21 years of age. No person under 21 years of age shall have in his or her possession any
tobacco product, tobacco accessory, electronic cigarette, and/or smoking herb(s) in any form.

C. Violation of state law. It shall be unlawful for any person to violate:

a. The Prevention of Tobacco Use by Minors and Sale and Distribution of Tobacco Products Act
(720 ILCS ξ 675/1 et. Seq.), as amended;

b. The Display of Tobacco Products Act (720 ILCS ξ 675/1 et. Seq.), as amended;

c. The Prevention of Cigarette Sales to Minors Act (720 ILCS ξ 675/1 et. Seq.), as amended;

d. The Smokeless Tobacco Limitation Act (720 ILCS ξ 675/1 et. Seq.), as amended;

e. The Tobacco Accessories and Smoking Herbs Control Act (720 ILCS ξ 675/1 et. Seq.), as
amended; and

f. The Cigarette Health Warning Act (410 ILCS ξ 85/1 et seq.). as amended. (Ord 2019 -11;
7/22/19)

D. Penalty. Any person who violates this Section is guilty of a petty offense and shall be fined twenty -
five ($25.00) dollars. (Ord. 2001-2; 3/26/01).

Sec. 12-17. Reckless Conduct

A person who causes bodily harm to or endangers the bodily safety of an individual by any means
commits reckless conduct if he performs recklessly the acts which cause the harm or endanger safety, whether
they otherwise are lawful or unlawful.

Sec. 12-18. Theft

A person commits theft when he knowingly:

a. Obtains or exerts unauthorized control over property of the owner; or

b. Obtains by deception control over property of the owner; or

c. Obtains by threat control over property of the owner; or

d. Obtains control over stolen property knowing the property to have been stolen or under such
circumstance as would reasonably induct him to believe that the property was stolen; or

e. Intends to deprive the owner permanently of the use or benefit of the property; or

f. Knowingly uses, conceals or abandons the property in such manner as to deprive the owner
permanently of such use or benefit; or

g. Uses, conceals, or abandons the property knowing such use, concealment or abandonment
probably will deprive the owner permanently of such use or benefit; or

h. Obtains or exerts control over property in the custody of any law enforcement agency which
is explicitly represented to him by any law enforcement officer or any individual acting in
behalf of a law enforcement agency as being stolen.

Sec. 12-19. Theft of Lost or Mislaid Property

A person who obtains control over lost or mislaid property commits theft when he:

a. Knows or learns the identity of the owner or knows, or is aware of, or learns of a reasonable
method of identifying the owner, and

b. Fails to take reasonable measures to restore the property to the owner, and

c. Intends to deprive the owner permanently of the use or benefit of the property.
State law reference - Similar provisions, Illinois Compiled Statute 720ILCS5\16-2.

Sec. 12-20. Use of Property; Theft of Labor or Services

A person commits theft when he obtains the temporary use of property, labor or services of another, which
are available only for hire, by means of threat or deception or knowing that such use is without the consent of
the person providing the property, labor or services.

Sec. 12-21. Offense of Retail Theft

A person commits the offense of retail theft when he or she knowingly:

a. Takes possession of, carries away, transfers or causes to be carried away or transferred, any
merchandise 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
the full retail value of such merchandise; or
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; or

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; or

d. Under-rings with the intention of depriving the merchant of the full retail value of the
merchandise; or

e. Removes a shopping cart from the premises of a retail mercantile establishment without the
consent of the merchant given at the time of such removal with the intention of depriving the
merchant permanently of the possession, use of benefit of such cart; or

f. Represents to a merchant that he or another is the lawful owner of property, knowing that
such representation is false, and conveys or attempts to convey that property to a merchant
who is the owner of the property in exchange for money, merchandise credit or other property
of the merchant; or

g. Uses or possesses any theft detection shielding device or theft detection device remover with
the intention of using such device to deprive the merchant permanently of the possession, use
or benefit of any merchandise displayed, held, stored or offered for sale in a retail mercantile
establishment without paying the full retail value of such merchandise.

h. Obtains or exerts unauthorized control over property of the owner and thereby intends to
deprive the owner permanently of the use or benefit of the property when a lessee of the
personal property of another fails to return it to the owner, or if the lessee fails to pay the full
retail value of such property to the lessor in satisfaction of any contractual provision requiring
such, within 30 days after written demand from the owner of its return. A notice in writing,
given after the expiration of the leasing agreement, by registered mail, to the lessee at the
address given by the lessee and shown on the leasing agreement shall constitute proper
demand.

State law reference - Similar provisions, Illinois Compiled Statute 720ILCS5\16a-3.

Sec. 12-22. Criminal Trespass to Residence

A person commits the offense of criminal trespass to a residence when, without authority, he knowingly
enters or remains within any residence, including a house trailer. For purposes of this Section, in the case of a
multi-unit residential building or complex, "residence" shall only include the portion of the building or
complex which is the actual dwelling place of any person and shall not include such places as common
recreational areas or lobbies.

State law reference - Similar provisions, Illinois Compiled Statute 720ILCS5\19-4.

Sec. 12-23. Reserved

Sec. 12-24. Criminal Trespass to Vehicles

Whoever knowingly and without authorization enters any part of or operates any vehicle, aircraft,
watercraft or snowmobile commits a Class A misdemeanor.

State law reference - Similar provisions, Illinois Compiled Statute 720ILCS5\21-2.

Sec. 12-25. Criminal Trespass to Real Property

a. Whoever enters upon the land or building, other than a residence, or any part thereof of another, after
receiving, prior to such entry, notice from the owner or occupant that such entry is forbidden, or
remains upon the land or in a building, other than a residence, of another after receiving notice from
the owner or occupant to depart, commits a Class C misdemeanor.

b. A person has received notice from the owner or occupant within the meaning of Subsection (a) if he
has been notified personally, either orally or in writing including a valid court order as defined by
subsection (7) of Section 112A -3 of the Code of Criminal Procedure of 1963 [725ILCS5/112A-3]
granting remedy (2) of subsection (b) or Section 112A -14 of that Code [725ILCS 5/112A-14], or if a
printed or written notice forbidding such entry has been conspicuously posted or exhibited at the main
entrance to such land or the forbidden part thereof.

c. This Section does not apply to any person, whether a migrant worker or otherwise, living on the land
with permission of the owner or of his agent having apparent authority to hire workers on such land
and assign them living quarters or a place of accommodations for living thereon, not to anyone living
on such land at the request of, or by occupancy, leasing or other agreement or arrangement with the
owner or his agent, nor to anyone invited by such migrant worker or other person so living on such
land to visit him at the place he is living upon the land.

d. A person shall be exempt from prosecution under this Section if he beautifies unoccupied and
abandoned residential and industrial properties located within any municipality. For the purpose of
this subsection, "unoccupied and abandoned residential and industrial property" means an y real estate
(1) in which the taxes have not been paid for a period of at least 2 years; and (2) which has been left
unoccupied and abandoned for a period of at least one year; and "beautifies" means to landscape,
clean up litter, or to repair dilapidated conditions on or to board up windows and doors.

e. No person shall be liable in any civil action for money damages to the owner of unoccupied and
abandoned residential and industrial property, which that person beautifies pursuant to subsection (d)
of this Section.

State law reference - Similar provisions, Illinois Compiled Statute 720ILCS5\21-3.

Sec. 12-26. Criminal Damage to Government Supported Property

Any of the following acts is a Class 4 felony when the damage to property is $500.00 or less, and any such
act is a Class 3 felony when the damage to property exceeds $500.00 but does not exceed $10,000.00; a Class
2 felony when the damage to property exceeds $10,000.00 but does not exceed $100,000.00; and a Class 1
felony when the damage to property exceeds $100,000.00. A person commits criminal damage to government
supported property when he:

a. Knowingly damages any property supported in whole or in part with State funds , funds of a unit of
local government or school district, or Federal funds administered or granted through State agencies
without the consent of the State; or

b. Knowingly, by means of fire or explosive , damages property supported in whole or in part with State
funds, funds of a unit of local government or school district, o r Federal funds administered or granted
through State agencies; or

c. Knowingly starts a fire on property supported in whole or in part with State funds , funds of a local
government or school district, or Federal funds administered or granted through State agencies
without the consent of the State; or

d. Knowingly deposits on land or in a building supported in whole or in part with State funds, funds of a
unit of local government or school district, or Federal funds administered or granted through State
agencies without the consent of the State, any stink bomb or any offensive smelling compound and
thereby intends to interfere with the use by another of the land or building.

When damages to property exceeds $10,000, the court shall impose upon the offender a fine equal to the
value of the damages to the property.

State law reference - Similar provisions, Illinois Compiled Statute 720ILCS5\21-4.

Sec. 12-27. Criminal Trespass to State Supported Land

a. Whoever enters upon land supported in whole or in part with State funds, or Federal funds
administered or granted through State agencies or any building on such land, after receiving, prior to
such entry, notice from the State or its representative that such entry is forbidden, or remains upon
such land or in such building after receiving notice from the State or its representative to depart, and
who thereby interferes with another person's lawful use or enjoyment of such building or land,
commits a Class A misdemeanor.
b. A person has received notice from the State within the meaning of sub -section (1) * if he has been
notified personally, either orally or in writing, or if a printed or written notice forbidding such entry to
him or a group of which he is a part, has been conspicuously posted or exhibited at the main entrance
to such land or the forbidden part thereof.

State law reference - Similar provisions, Illinois Compiled Statute 720ILCS5\21-5.

Sec. 12-28. Removed

Sec. 12-29. Air Rifle Act

Short title. This Act may be cited as the Air Rifle Act.

Sec. 12-30. Definitions

As used in this Act:

1. Air Rifle. Means and includes any air gun, air pistol, spring gun, spring pistol, B -B gun, paint
ball gun, pellet gun or any implement that is not a firearm which impels a breakable paint ball
containing washable marking colors or, a pellet constructed of hard plastic, steel, lead or other
hard materials with a force that reasonably is expected to cause bodily harm.

2. Municipalities include cities, Villages, incorporated towns and townships.

3. Dealer means any person, co -partnership, association or corporation engaged in the business of
selling at retail or renting any of the articles included in the definition of "air rifle".

State law reference - Similar provisions, Illinois Compiled Statute 720ILCS535/1.

Sec. 12-31. Selling, Renting, or Transferring of Air Rifles to Minors

It is unlawful for any dealer to sell, lend, rent, give or otherwise transfer an air rifle to any person under
the age of 16 years of age where the dealer knows or has cause to believe the person to be under 16 years of
age or where such dealer has failed to make reasonable inquiry relative to the age of such person and such
person is under 16 years of age.

It is unlawful for any person to sell, give, lend or otherwise transfer any air rifle to any person under 16
years of age except where the relationship of parent and child, guardian and ward or adult instructor and pupil,
exists between such person and the person under 16 years of age, or where such person stands in loco parentis
to the person under 16 years of age.

State law reference - Similar provisions, Illinois Compiled Statute 720ILCS535/2.

Sec. 12-32. Carrying and Discharging Air Rifles

It is unlawful for any person under 16 years of age to carry any air rifle on the public streets, roads,
highways or public lands within this State, unless such person under 16 years of age carries such rifle
unloaded.

It is unlawful for any person to discharge any air rifle from or across any street, road, highway or public
land or any public place except on a safely constructed target range.

It is unlawful for any person under 16 years of age to discharge any air rifle in the Village of Durand,
unless such person is under the direct supervision of a responsible adult.

State law reference - Similar provisions, Illinois Compiled Statute 720ILCS535/3.

Sec. 12-33. Possession of Air Rifles, Exceptions

Notwithstanding any provision of this Act, it is unlawful for any person under 16 years of age to have in
his possession any air rifle if it is:

1. Kept within his house of residence or other private enclosure;

2. Used by the person under 16 years of age and he is a duly enrolled member of any club, team or
society organized for educational purposes and maintaining as part of its facilities or having
written permission to use an indoor or outdoor rifle range under the supervision guidance and
instruction of a responsible adult and then only if said air rifle is actually being used in connection
with the activities of said club team or society under the supervision of a responsible adult; or

3. Use in or on any private grounds or residence under circumstances when such air rifle is fired,
discharged or operated in such a manner as not to endanger persons or property and then only if it
is used in such manner as to prevent the projectile from passing over any grounds or space outside
the limits of such grounds or residence.

State law reference - Similar provisions, Illinois Compiled Statute 720ILCS535/4.

Sec. 12-34. Seizure of Air Rifles

The Police Officer shall seize, take, remove or cause to be removed at the expense of the owner, any air
rifle sold or used in any manner in violation of this Act.

State law reference - Similar provisions, Illinois Compiled Statute 720ILCS535/6.

Sec. 12-35. Municipal Ordinances

The provisions of any ordinance enacted by any municipality which impose greater restrictions or
limitations in respect to such sale and purchase, use or possession of air rifle as herein defined than are
imposed by 702ILCS Act 535, are not invalidated nor affected by this 702ILCS Act 535.

State law reference - Similar provisions, Illinois Compiled Statute 720ILCS535/8.