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HomeMy WebLinkAboutG24-19 Ordinance No.G24-19 AN ORDINANCE PROVIDING FOR AN AMENDED ORDINANCE REGARDING STORING PERSONAL PROPERTY ON PUBLIC PROPERTY AND AMENDING CHAPTER 10.35 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, RELATING TO SITTING OR LYING ON SIDEWALKS IN THE CENTER CITY BUSINESS DISTRICT 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 observed an increase in the number of incidents relating to persons storing personal property on property owned by the city including,but not limited to,in city parking garages; 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 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 the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding a new Chapter 10.34 thereto entitled "Storing Personal Property on Public Property" to read as follows: "CHAPTER 10.34 STORING PERSONAL PROPERTY ON PUBLIC PROPERTY 10.34.010: PURPOSE AND INTENT: Public property should be accessible and available to residents and the public at large for its intended uses. The unauthorized use of public property for the storage of personal property interferes with the rights of other members 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. The purpose of this chapter is to maintain public areas in clean,sanitary and accessible condition,to prevent harm to the health or safety of the public, to prevent the misappropriation of public property for personal use,and to promote the public health, safety and general welfare by insuring the public property remains readily available for its intended uses. 10.34.020: DEFINITIONS: PERSONAL PROPERTY:means anyand all tangibleproperty,includes,but not limited to, items,goods,materials,merchandise,furniture,equipment,fixtures,structures,clothing,and household items. The term shall not include any vehicle as defined in the Illinois Vehicle Code. PUBLIC PROPERTY:means any property that is owned,managed or maintained by the City of Elgin,and shall include,but not be limited to,any street,sidewalk,median,space,ground, mall,building,structure,parking lot,parking structure,public park,and any other property of the city. 10.34.030: STORING OF PERSONAL PROPERTY ON PUBLIC PROPERTY PROHIBITED: A. No person shall store, accumulate, mass together or maintain personal property on public property. All storage of personal property may be impounded by the city. In the event personal property placed on public property interferes with the safe or orderly management of the premises or poses a threat to the health,safety,or welfare of the public, it may be impounded at any time by the city. B. Personal property placed on public property shall be deemed to be stored personal property if it has not been removed from public property within twenty-four (24) hours of service of the written notice required by Section 10.34.040,which requires such removal, and the city may cause the removal or impoundment of such stored personal property,provided that moving the personal property to another location on public property shall not be considered removing the personal property from public property, and provided further that this Section shall not apply to personal property that pursuant to statute, ordinance, permit, regulation or other authorization by the city is placed on property that is owned or controlled by the city. 10.34.040: NOTICE: A. The written notice required to be served by Section 10.34.030B shall be deemed to 2 have served if a copy of the written notice is served on the person storing the personal property or is posted prominently and conspicuously on the stored personal property. The written notice shall contain the following: 1. A description of the personal property to be removed (such description may refer to an attached photograph). 2. The location of the personal property. 3. The date and time the notice was posted. 4. The section of the Elgin Municipal Code that is being violated. 5. A statement that the personal property will be impounded if not removed within twenty-four(24) hours. 6. The location where the removed property will be stored. 7. A statement that impounded property will be sold or otherwise disposed of if not claimed within thirty(30) days after impoundment. 8. A statement that the property owner shall be responsible for all costs of removal, storage and disposal. B. If a shopping cart is removed and impounded pursuant to this chapter the city shall attempt to notify the retail establishment which owns such shopping cart of the location where the shopping cart may be claimed. The owner or the owner's agent shall have three (3) business days from the date the city notifies such owner to retrieve the shopping cart without charge. If the owner or owner's agent fails to retrieve the shipping cart within three (3) business days, the shopping cart shall become impounded property as provided in Section 10.34.050,written notice shall be provided as provided in such section and the owner shall be subject to any applicable fees and costs imposed pursuant to such section. Any shopping cart not reclaimed by the owner or owner's agent within thirty(30)days after the date of written notice may be disposed of as personal property valued at less than One Thousand Dollars ($1,000). 10.34.050: STORAGE AND DISPOSABLE: A. Impounded personal property shall be moved to a place of storage, and the owner shall be assessed,moving,storage and other related fees and costs. Additionally,the owner of impounded personal property shall bear the responsibility for the risk of any loss or damage to the impounded property. B. At least thirty(30)days prior to the disposal of impounded personal property,the city 3 shall have served notice in writing apprising the owner of the personal property of the description and location of the impounded personal property and the intent of the city to sell, donate, or otherwise dispose of the impounded property. Service of written notice shall be by personal service or by certified mail,return receipt requested,to the last known address of the owner of impounded property if the owner is known or can be determined. Where the identity or address of the owner is unknown or cannot be determined through the exercise of reasonable diligence,the notice shall be posted on the public property where the property was stored or seized. C. If any item of impounded personal property has an estimated value of One Thousand Dollars ($1,000)or more,the city shall also give public notice in a daily newspaper of the city a notice of sale of public auction of such property describing in general terms and shall give notice that if such property is not claimed by the rightful owner or owners thereof within ten (10) days from the date of such publication such property will be sold by public auction. Where no bid is received, the impounded personal property may be sold by negotiation,disposed of or sold as junk,kept by the city or donated to any other governmental agency or charitable organization. D. The requirement for public notice and public auction shall not apply when the estimated value of the impounded personal property is less than One Thousand Dollars ($1,000). In that event, the impounded personal property may be sold by negotiation, disposed of or sold as junk, kept by the city or donated to any other governmental agency or charitable organization. E. Any impounded personal property which is deemed unsafe,hazardous or perishable may be disposed of immediately in any manner without notice after impoundment by the city. Unsafe, hazardous or perishable personal property will be deemed to include,but not be limited to,used syringes,garbage,trash,items soiled with bodily fluids or other biohazards, items for personal hygiene and food. F. The city shall maintain a record of the date and method of disposable of the impounded personal property,including the consideration received for the property, if any, and the name and address of the person taking possession of the property. Such record shall be kept as a public record for a period of not less than one(1)year from the date of disposal of the property. 10.34.060: PROCEEDS OF SALE: All fees and unpaid rent, debts and charges owing and all expenses of handling, storage, appraisal,advertising,and other sale expenses incurred by the city shall be deducted from the proceeds of any sale of the impounded property. Any amount remaining shall be held in trust for the owner of the property for thirty (30) days after the sale, at which time the proceeds shall be paid into the general fund. 4 10.34.070: REPOSSESSION: The owner or any person entitled to the impounded personal property may repossess the property prior to its disposal upon submitting satisfactory proof of ownership or entitlement and payment of all unpaid rents, debts, and charges owing and all handling, storage, appraisal, advertising, and all other expenses incurred by the city in connection with the proposed disposal of the impounded property. 10.34.080: CITY NOT LIABLE: The City of Elgin, its officials, officers, employees, and agents shall not be liable to the owner of impounded personal property because of any disposal of property made pursuant to this chapter. The remedies available to the owner of impounded personal property are limited to those provided in this chapter. 10.34.090: SEVERABILITY: If any provision, clause, sentence, paragraph, section or part of this chapter or application thereof to any person or circumstance,shall for any reason be judged by a court of competent jurisdiction to be unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder of this chapter and the application of such provision to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person or circumstances involved. It is hereby declared to be the legislative intent of the city council that this chapter would have been adopted had such unconstitutional or invalid provision,clause,sentence,paragraph,section or part thereof had not been included." Section 2. That Chapter 10.35 of the Elgin Municipal Code, 1976,as amended,entitled "Sitting/Lying on Sidewalks or Storing Personal Property on Public Property in the Center City Business District Prohibited" be and is hereby further amended to read as follows: "Chapter 10.35 SITTING/LYING ON SIDEWALKS IN THE CENTER CITY BUSINESS DISTRICT PROHIBITED 10.35.010: DEFINITIONS: As used in this chapter, unless the context otherwise requires: CENTER CITY BUSINESS DISTRICT: That area bounded by the north side of Kimball Street on the north, the east side of Dundee Avenue and the east side of Villa Street on the east, the south side of National Street on the south and the west side of State Street on the west including,in all instances,all adjacent properties on both sides of each boundary street. 5 SIDEWALK: An improved walkway intended primarily for pedestrians, usually running parallel to one or both sides of the pavement of a street and public transit waiting areas located within the public right of way. 10.35.020: SITTING/LYING ON SIDEWALKS PROHIBITED: It is unlawful for any person, after having been notified by a law enforcement officer of the prohibition in this section,to sit or lie down upon a public sidewalk or upon a blanket,chair, stool,or any other object placed upon a public sidewalk, in the center city business district. 10.35.030: EXCEPTIONS: The prohibition regarding sitting/lying on sidewalks in the center city business district of section 10.35.020 of this chapter shall not apply if: A. Sitting or lying down on a public sidewalk is due to a medical emergency; or B. As a result of age, infirmity or disability a person utilizes a wheelchair, walker, stroller, or similar device to move about a public sidewalk; or C. The person is operating or patronizing a commercial establishment conducted on the public sidewalk pursuant to a street use or similar permit; or D. A person participating in or attending a parade, festival, performance, rally, demonstration,meeting or similar event conducted on a public sidewalk pursuant to a street use or other applicable permit; or E. The person is sitting on a chair or bench located on the public sidewalk which is supplied by a public or private agency or by the abutting private property owner; or F. The sitting or lying is while waiting in an orderly line for entry to any building, including shelters,or awaiting social services such as provision of meals;or outside a box office to purchase tickets to any sporting event, concert, performance, or other special event if not impeding pedestrians from using the sidewalk or entering a door or other entrance along the sidewalk; or G. A child who is in a stroller; or H. The sitting or lying on a sidewalk is an integral part of a person then engaging in constitutionally protected expressive activities which would otherwise be restricted by the prohibition in section 10.35.020 of this chapter, if not impeding pedestrians from using the sidewalk or entering a door or other entrance along the sidewalk. 6 10.35.040: PENALTY FOR VIOLATION: A. First Offense:Any person found guilty of violating any provision of this chapter shall be fined not less than one hundred dollars ($100.00) for the first offense. B. Second Offense: Any person found guilty of violating any provision of this chapter for the second time within any one year period shall be fined not less than two hundred fifty dollars ($250.00). C. Third and Subsequent Offense:Any person found guilty of violating any provision of this chapter for the third time,or any subsequent time thereafter,within any one year period shall be fined not less than five hundred dollars ($500.00)." 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. / 4-4 kee.-- David J. Kapt.in, M- or Presented: June 12, 2019 Passed: June 12, 2019 Vote: Yeas: 9 Nays: 0 Recorded: June 12, 2019 Published: June 14, 2019 OF FSG Att-st• � ' J'p55 FLUMIpr j.. 1 M 4)6e164f imberly Dewis, •ty Clerk Ib.7% 4 H fes' 7