§ 51.03. Use or possession of electronic paging and cellular radio telecommunications devices.

(a)

Findings. The City Council takes official notice that the educational development of all persons to the limits of their capacities is a fundamental goal of the people of Illinois, and finds and declares that to further such goal it is essential to provide a safe and secure learning environment within the public schools, and that the unrestricted and unregulated use by students of cellular radio telecommunications devices, pocket pagers and similar electronic paging devices (hereinafter "Telecommunications Devices") on school grounds or in school buildings which are owned, occupied or leased for school purposes and activities adversely affects the educational environment, welfare and safety of students enrolled in schools, in that Telecommunications Devices are being regularly used for the conduct of unlawful activities during school hours and on school property, including activities directly related to the unlawful possession, sale, delivery or other trafficking in drugs or other substances which constitute a "controlled substance" as that term is defined in the Illinois Controlled Substances Act. It is the purpose and intention of the City Council in enacting this Section, to reduce or eliminate the occurrence of such unlawful activities during school instruction or during hours of school activities and on school property by restricting and regulating student use or possession of Telecommunications Devices as provided in this Section, and by providing for the imposition of appropriate penalty for any violation of the provisions of this Section.

(b)

Restriction on Possession. No person under the age of twenty-one (21) shall use or have in his or her possession any Telecommunications Device while in any school building or on any school property, during regular school hours or at any other time, unless the use or possession of such device by such person has first been expressly authorized by the school authorities provided that a person who is not a student of the particular elementary or secondary school who is on school property as an invitee of the school and who has possession of a Telecommunications Device for lawful and legitimate purposes shall not need to obtain authority from the elementary or secondary school authorities to possess such device on school property.

(c)

Penalty.

(1)

Fine. Any person who violates this Section shall be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00).

(2)

Forfeiture. In lieu of or in addition to any fine assessed for a violation, the court may order that any Telecommunications Device used or possessed in violation of this Section be forfeited and delivered to any local, municipal, county or state law enforcement agency.

(6/6/94)