Chapter 9.04 GENERAL PROVISIONS
Section 9.04.010 Definitions.
For the purpose of this title, the following words and phrases
described in this title have the
following meaning, except when a particular context clearly requires a different meaning.
"Acquittal" means a verdict or finding of not guilty
of an ordinance offense, rendered by a
legally constituted jury, or by a court of competent jurisdiction authorized to try the case without
a jury.
"Act" includes a failure or omission to take action.
"Another" means a person or persons (as defined
in Chapter 38, Illinois Revised Statutes, as
approved, adopted and amended) other than the offender.
"City" or "this city" means the city
of Columbia, Illinois and all of the land and water in
respect to which the city has either exclusive or concurrent jurisdiction, and the air space above
such land and water.
"Code" or "municipal code" means the
municipal code of the city.
"Conduct" means an act or a series of acts, and
the accompanying mental state.
"Conviction" means a judgment of conviction or
sentence entered upon a plea of guilty or
upon a verdict or finding of guilty of an ordinance offense, rendered by a legally constituted jury
or by a court of competent jurisdiction authorized to try the case without a jury.
"Dwelling" means a building or a portion thereof,
a tent, a vehicle, or other enclosed space
which is used or intended for use as a human habitation, home or residence.
"Included offense" means an offense which:
1. Is established by proof of the
same or less than all of the facts of a less culpable mental
state (or both), than that which is required to establish commission of the offense charge; or
2. Consists of an attempt to commit
the offense charged or an offense included therein.
"Includes" or "including" means comprehending
among other particulars, without limiting the
generality of the foregoing word or phrase.
"Offense" means a violation of the municipal code
or the ordinances of the city.
"Peace officer" means any person who, by virtue
of his office or public appointment is vested
by law with the duty to maintain public order or to make arrests for offenses, whether that duty
extends to all offense or is limited to specific offenses.
"Person" means an individual, private or public
corporation, government, partnership or an
unincorporated association.
"Prosecution" means all proceedings by which that
person s liability for a municipal code or
ordinance offense is determined, commencing with the filing of a citation, information or
complaint, and including the final disposition of the case upon appeal.
"Public employee" means a person, other than a
public officer, who is authorized to perform
any official function on behalf of, and is paid by the city.
"Public officer" means a person who is elected
to city office pursuant to statute, or who is
appointed to a city office which is established, and the qualifications and duties which are
prescribed by statute, to discharge a public duty for the city.
"Reasonable belief" or "reasonably believes"
means that the person concerned, acting as a
reasonable man, believes that the described facts exist.
"Solicit" or "solicitation" means to
command, authorize, urge, incite, request or advise in order
to commit an offense under the municipal code and ordinances of the city. (Prior code § 27-1-1)
9.04.010