§ 14-49. Unlawful assembly involving illegal drugs.

(a)

Definitions. The following words, terms and phrases, when used in this section 14-49, shall have the meanings ascribed to them in this subsection (a), except where the context clearly indicates a different meaning:

Illegal drugs means (i) any substance as defined and included in the schedules of article II of the Illinois Controlled Substances Act [720 ILCS 570/100 et seq. (1992)], (ii) any cannabis as defined in section 3 of the Cannabis Control Act [720 ILCS 550/1 et seq. (1992)], and (iii) any drug as defined in paragraph (b) of section 3 of the Pharmacy Practice Act of 1987 [225 ILCS 85/1 et seq. (1992)], that is obtained without a prescription or otherwise in violation of the law.

Legal guardian means a person appointed guardian, or given custody, of a minor by a circuit court of this state but does not include a person appointed guardian or given custody of a minor under the Juvenile Court Act of 1987 [705 ILCS 405/1-1 et seq.].

Minor means a person under the age of twenty-one (21) years.

Parent means a natural or adoptive parent or a court designated guardian.

Vehicle or premises means any privately-owned and operated motor vehicle, conveyance or vessel; any house or apartment; any hotel, motel or bed and breakfast room or any similar premises to which to general public is not normally admitted.

(b)

Responsibility for owner. It shall be unlawful or any owner of, or other person having control over, any vehicle or premises to knowingly initiate, suffer, permit or allow one (1) or more occupants, invitees, visitors, guests, trespassers or other persons to assemble or be assembled in such vehicle or premises in possession of any illegal drugs.

(c)

Responsibility for renter. It shall be unlawful for any person to rent, or pay for, any hotel, motel or bed and breakfast room or facility from the proprietor or agent thereof for the purpose of, or with knowledge that, such room or facility shall be used for the consumption or intake of illegal drugs by any person.

(d)

Presumption of knowledge.

(1)

Presence in vehicle or premises. Whenever a person is present within any vehicle or premises of which such person is the owner, lessee, permittee, bailee, legal possessor or occupier thereof at the time that a violation of the provisions of this section is occurring and has not informed the police thereof, it shall be prima facie evidence that such person had knowledge of such violation.

(2)

Failure to control access. An owner, lessee, permittee, bailee, legal possessor or occupant of any vehicle or premises shall be deemed to have permitted such vehicle or premises to be used in violation of this section if he or she knowingly authorizes such use or enables such user to occur by failing to control access to such vehicle or premises.

(3)

Parental residence. Every parent or legal guardian of any minor whose residence is used by any occupant, invitee, visitor, guest or other person in a manner that constitutes a violation of this section at the invitation of, or in the presence of, such minor shall be presumed to have permitted the conduct that constitutes the violation unless the contrary is established by a preponderance of the evidence.

(Ord. No. 95-0-23, § 2, 4-11-95)