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HomeMy WebLinkAboutG26-23 Ordinance No. G26-23 AN ORDINANCE AMENDING THE PENALTY PROVISIONS OF CHAPTER 10.31 OF THE ELGIN MUNICIPAL CODE ENTITLED "FIREWORKS, POSSESSION, SALE AND USE" WHEREAS,the City of Elgin("City"),is a home rule municipality operating in accordance with the Constitution of the State of Illinois of 1970; and WHEREAS, as a home rule unit the City is authorized to exercise any power and perform any function pertaining to its governmental affairs; and WHEREAS, the regulation of the use of fireworks pertains to the government and affairs of the City; and WHEREAS, the City is further authorized to regulate and prevent the use of fireworks pursuant to State law(65 ILCS 5/11-8-4; 425 ILCS 30/24); and WHEREAS, the city council have determined it is necessary and desirable to amend the penalty provisions within Chapter 10.31 of Elgin Municipal Code which relates to the possession, sale and use of fireworks. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, as follows: Section 1. That Chapter 10.31 of the Elgin Municipal Code entitled "Fireworks, Possession, Sale and Use" be and is hereby further amended by amending Section 10.31.070 thereof entitled"Penalties"to read as follows: 10.31.070. —Penalties. A. Any person found in violation of any of the provisions of this Chapter shall be fined not more than seven hundred fifty dollars ($750) for a first offense, not less than one hundred fifty dollars($150) and not more than seven hundred fifty dollars ($750) for a second offense, not less than five hundred dollars ($500) and not more than one thousand five hundred dollars ($1,500) for a third offense, and one thousand five hundred dollars ($1,500) for a fourth and any subsequent offense. B. Any person shall be guilty of a separate offense for each and every day which any portion of any violation of this Chapter is committed, continued or permitted to be committed, and the person shall be punished accordingly." Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 3. This ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. 4a4viJ. apt , a r Presented: June 14, 2023 Passed: June 14, 2023 Vote: Yeas: 9 Nays: 0 Recorded: June 14, 2023 ; Published: June 14, 2023 C r r a �r� Kimberly Dewis, lerk 2