HomeMy WebLinkAboutG33-20 Ordinance No. G33-20
AN ORDINANCE
AMENDING CHAPTER 10.34 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED,
ENTITLED "STORING PERSONAL PROPERTY ON PUBLIC PROPERTY" AND
CHAPTER 12.08 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED
"PUBLIC PARKS; GENERAL REGULATIONS"
WHEREAS, 65 ILCS 5/11-60-2 provides that the corporate authorities of each
municipality may define, prevent and abate nuisances; and
WHEREAS,the City of Elgin is a home rule municipality as defined in Article VII, Section
6A of the 1970 Constitution of the State of Illinois; and
WHEREAS,a home rule unit may exercise any power and perform any function pertaining
to its government and affairs; and
WHEREAS,the City of Elgin has continued to observe incidents relating to persons storing
personal property on property owned by the city including, but not limited to, in city parks; and
WHEREAS,public property should be accessible and available to residents and the public
at large for its intended uses and the unauthorized use of public property for the storage of personal
property interferes with the rights of others of the public to use public property for its intended
purposes and can create a public health and safety hazard that adversely affects residential and
commercial areas; and
WHEREAS, the City Council has determined that in order to protect the public health,
safety and welfare and to preserve the use of public property for its intended purposes that further
amended regulations regarding storing personal property on public property are necessary; and
WHEREAS,the regulations provided for in this ordinance relating to the use of city owned
property pertain to the government and affairs of the City of Elgin.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That Section 10.34.020 of the Elgin Municipal Code, 1976, as amended,
entitled "Definitions:" be and is hereby further amended by amending the definition of
PERSONAL PROPERTY therein and by adding a new definition thereto for TENT to read as
follows:
"PERSONAL PROPERTY: Means any and all tangible property, includes, but not limited
to, items, goods, materials, merchandise, furniture, equipment, fixtures, structures, tents,
clothing, and household items. The term shall not include any vehicle as defined in the
Illinois Vehicle Code."
"TENT: Means any tarpaulin,cover, structure or shelter,made of any material which is not
opened on all sides and which hinders an unobstructed view behind or into the area
surrounded by the tarpaulins, cover, structure or shelter."
Section 2. That Section 12.08.010 of the Elgin Municipal Code, 1976, as amended,
entitled"Certain Acts Prohibited:"be and is hereby further amended by adding a new subparagraph
T thereto to read as follows:
"T. No person shall construct, utilize, place, occupy, leave, or in any other manner
situate any tent. For the purposes of this section, tent shall be defined as provided
in Section 10.34.020 of this code, as amended."
Section 3. That all ordinances or parts of ordinance in conflict with the provisions of
this ordinance be and are hereby repealed to the extent of any such conflict.
Section 4. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
David J. KalffairVMayor
Presented: August 26, 2020
Passed: August 26, 2020
Vote: Yeas: 8 Nays: 1
Recorded: August 26, 2020
Published: August 27, 2020 -I
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Kimberly Dew City Clerk ; � ;1