HomeMy WebLinkAboutG34-20 Ordinance No. G34-20
AN ORDINANCE
AMENDING TITLE 13 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED,
ENTITLED "STREETS AND SIDEWALKS" TO PROVIDE FOR NEW REGULATIONS FOR
CITY PARKING STRUCTURES AND PARKING LOTS AND AMENDING CHAPTER 10.46
OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "PUBLIC
NUISANCE FREE ZONES" BY ADDING TO THE DEFINITION OF NUISANCE
ACTIVITIES
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 as a home rule unit may exercise any power
and perform any function pertaining to its government and affairs; and
WHEREAS, the City of Elgin owns and operates several parking structures and public
parking lots throughout the city; and
WHEREAS, such City of Elgin parking structures and parking lots are facilities which are
intended for use by persons to park and retrieve motor vehicles; and
WHEREAS, there have been ongoing incidents at such facilities where persons who are not
intended and authorized users of such facilities have been gathering and loitering in such facilities
which have led to incidents of disorder and public indecency and which have otherwise interfered
with the efficient operations and intended uses of the facilities; and
WHEREAS, public property should be accessible and available to residents and the public
for intended uses and the unauthorized use to public 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 the public's right to use and enjoy the public property and the public
health, safety and welfare; and
WHEREAS,the City Council has determined that it is necessary and desirable to adopt new
regulations relating to the use of an entry into of city parking structures and parking lots; and
WHEREAS, regulations relating to the use of and entry into city owned public parking
structures and parking lots pertain to the government and affairs of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That Title 13 of the Elgin Municipal Code, 1976,as amended,entitled"Streets
and Sidewalks" be and is hereby further amended by adding a new Chapter 13.10 thereto entitled
"Public Parking Structures and Parking Lots" to read as follows:
"Chapter 13.10
PUBLIC PARKING STRUCTURES AND PARKING LOTS
13.10.010: APPLICATION:
The provisions of this chapter shall apply to all City of Elgin owned parking structures and
parking lots which are open and available to the public.
13.10.020: RULES FOR ACCESS AND USE:
No person shall enter or remain upon the premises of any city owned parking structure or
parking lot other than to park or retrieve a motor vehicle;to attend a special event authorized
by the city pursuant to Chapter 13.25 of this code; or city employees and authorized city
contractors for the purpose of conducting city authorized official activities at such facilities."
Section 2. That Chapter 10.46 of the Elgin Municipal Code, 1976,as amended,entitled
"Public Nuisance Free Zones" be and is hereby further amended by amending the definition of
"Nuisance Activities" in Section 10.46.010 thereof by adding the following additional subparagraphs
thereto:
"P. Violations of Chapter 10.34 of this title relative to storing personal property on public
property.
Q. Violations of Chapter 13.10 of this title relative to public parking structures and
parking lots."
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. Kaptain Miryor
Presented: September 9, 2020
Passed: September 9, 2020
Vote: Yeas: 8 Nays: 1
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Recorded: September 9, 2020
Published: September 10, 2020 `°
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Kimberly Dewis, C Clerk
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