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HomeMy WebLinkAboutG47-03 (3) CITY OF ELGIN ORDINANCE NO. G47-03 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED AALCOHOLIC LIQUOR DEALERS PASSED BY THE CITY COUNCIL OF THE CITY OF ELGIN ON THIS 25TH DAY OF JUNE 2003 r Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 26th day of June 2003. r STATE OF ILLINOIS ) ) ss. COUNTY OF KANE CERTIFICATE I, Dolonna Mecum, certify that I am the duly appointed and acting municipal clerk of the City of Elgin, Cook and Kane Counties, Illinois. I further certify that on June 25, 2003 , the Corporate Authorities of such municipality passed and approved Ordinance No. G47-03, which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. G47-03, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building commencing on June 26, 2003, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection rik upon request in the office of the municipal clerk. DATED at Elgin, Illinois, on June 25, 2003. ilf1A9N,s,42 /1/12--e-A244-- Municipal Clerk (SEAL) Ordinance No. G47-03 AN ORDINANCE AMENDING TITLE 10 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "PUBLIC PEACE, MORALS AND WELFARE" BY ADDING CHAPTER 10 .45 ENTITLED "POSSESSION OF OPEN CONTAINERS OF ALCOHOLIC BEVERAGES IN PUBLIC AREAS AND DESIGNATED PRIVATE PROPERTY AREAS PROHIBITED" WHEREAS, the City Council finds that there are increasing problems within the City associated with the consumption of alcoholic beverages in public areas and within the common areas of certain properties, as identified by their owners, having multiple dwelling units; and WHEREAS, these problems include increased vandalism, violence, litter, trespassing, graffiti, and drug activity; and WHEREAS, the City Council has determined that prohibiting the possession of open containers of alcoholic beverages in public areas within the common areas of certain properties, as identified by their owners, having multiple dwelling units, is necessary to preserve the public health, safety and welfare; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That Title 10 of the Elgin Municipal Code, 1976, as amended, entitled "Public Peace, Moral and Welfare, " be and is hereby further amended to add Chapter 10 .45 to read as follows : "POSSESSION OF OPEN CONTAINERS OF ALCOHOLIC BEVERAGES IN PUBLIC AREAS AND DESIGNATED PRIVATE PROPERTY AREAS PROHIBITED 10 .45 . 010 : Definitions 10 .45 . 020 : Consumption of Alcoholic Beverages and Possession of Any Open Container of Alcoholic Beverage in Public Area Unlawful 10 .45 . 030 : Signage Prohibiting the Possession and Consumption of Alcoholic Beverages 10 .45 . 040 : Penalty for Violation 10 .45 . 010 : DEFINITIONS "Alcoholic beverage" means alcohol , spirits, liquor, wine, beer, and any liquid or solid containing alcohol, spirits, liquor, wine, or beer, and which contains one-half of one percent or more of alcohol by volume . ePk "Open container" means a bottle, can, jug, box or other receptacle that contains an alcoholic beverage and has been opened, a seal broken, or the contents partially removed. "Public area" means (1) in or upon any public highway, street, alley, walk, parking lot, building, park, or other public property or place, whether in a vehicle or not; or (2) in or upon any other private property without the express or implied permission of the owner or person in possession and control of such property or such person' s agent . "Special event" includes, but is not limited to, the following types of activities : a neighborhood block party, picnic, fundraiser, community event or any other type of similar social event. 10 .45 . 020 : CONSUMPTION OF ALCOHOLIC BEVERAGES AND POSSESSION OF ANY OPEN CONTAINER OF ALCOHOLIC BEVERAGE IN PUBLIC AREA UNLAWFUL A. It shall be unlawful for any person to consume any alcoholic beverage or to have in his or her possession any open container of beer, wine, or any alcoholic beverage, or intoxicating liquor in any public area, except : eft 1 . Public streets or sidewalks on which the City has granted an encroachment permit for a sidewalk café, beer garden or equivalent use that includes on-site alcohol sales; or 2 . Special events if the City has granted a street use or other permit that, during the event, authorizes or permits persons attending the event to consume alcoholic beverages in areas where such consumption/possession is otherwise prohibited by this section. B. It shall be unlawful for any person to consume any alcoholic beverage or to have in his or her possession any open container of beer, wine, or any alcoholic beverage, or intoxicating liquor in any parking lot or within such other designated location of any property containing two or more residential dwelling units provided that the owner of such property has posted a sign in accordance with Section 10 .45 . 030 of this Chapter prohibiting the possession of an open container of an alcoholic beverage or the consumption of an alcoholic beverage . r Pm' 10 .45 . 030 : SIGNAGE PROHIBITING THE POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES The owner of any property containing two or more dwelling units may prohibit the possession of an open container of an alcoholic beverage or the consumption of an alcoholic beverage within a parking lot or any such other designated area on such property by posting a sign in plain view at or near each driveway to the parking lot, or at such other location where the possession of an open container of an alcoholic beverage or the consumption of an alcoholic beverage is prohibited, that sets forth such prohibition substantially in the following form: "Possession of an open container of an alcoholic beverage or consumption of an alcoholic beverage is prohibited in this area pursuant to Chapter 10 .45 of the Elgin Municipal Code . " Such sign shall be no smaller than eighteen (18) inches by twenty- four (24) inches in size, shall contain lettering at least one (1) inch in height, and shall be mounted so that the lower edge of the sign is at least four (4) feet, and the top edge does not exceed seven (7) feet above ground level . The property owner shall have sole responsibility for the construction and maintenance of such e'` sign. 10 .45 . 040 : PENALTY FOR VIOLATION A. First Offense . Any person found guilty of violating any provision of this Chapter shall be fined not less than seventy five dollars ($75 . 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 2 . Severability. If any provision of this ordinance or its application to any person or under any circumstances is adjudged invalid, such adjudication shall not affect the validity of the ordinance as a whole or of any portion not adjudged invalid. Section 3 . That all ordinances or parts of ordinances in few conflict with the provisions of this ordinance be and are hereby repealed. Section 4 . That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. Sc ock, Mayor Presented: June 25, 2003 Passed: June 25, 2003 Omnibus Vote : Yeas : 7 Nays : 0 Recorded: June 26, 2003 Published: June 26, 2003 Attest : VPefen-w4 N2.C.4(4,— Dolonna Mecum, City Clerk flow -0-1 4Iiie-1 . 7 Eiif June 6, 2003 G ri--i,- 1, TO: Mayor and Members of the City Council N #1 FROM: David M. Dorgan, City Manager SAFE COMMUNITY Richard G. Kozal , Assistant Corporation Counsel SUBJECT: Proposed Ordinance Prohibiting Possession of Open Alcohol in Public Areas and Designated Private Property Areas PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information regarding a proposed ordinance prohibiting the possession of open alcohol in public areas and designated private property areas . BACKGROUND Last fall , the Housing Authority of Elgin approached the city to discuss problems relating to disturbances that were occurring within the common areas of its properties during the late evening hours of the summer months . The disturbances typically involved loitering, usually with open liquor containers being present . Although the housing authority has lease provisions prohibiting its tenants from engaging in such conduct, the housing authority sought the city' s assistance in crafting a solution that would address the problem while it was occurring rather than waiting to obtain resolution through a lengthy eviction proceeding. After meeting with staff from the police department and the corporation counsel ' s office, the housing authority is requesting that the city consider adopting a proposed ordinance drafted by the corporation counsel in conjunction with the police department that responds to the housing authority' s concerns . The proposed ordinance attached to this memorandum provides the housing authority and certain private property owners with the ability to have the Elgin police department enforce an open alcoholic beverage prohibition on designated areas of their properties . Under the proposed ordinance, the owner of any property containing two or more dwelling units may prohibit the possession of an open container of an alcoholic beverage or the consumption of an alcoholic beverage within any parking lot or Proposed Ordinance Prohibiting Possession of Open Alcohol in Public Areas and Designated Private Property Areas June 6, 2003 Page 2 within any such other designated area on a qualifying property by posting a sign in plain view at or near each driveway to the parking lot or at such other location where the possession of an open container of an alcoholic beverage or the consumption of an alcoholic beverage is prohibited. After posting notices of the open alcohol prohibition in the common areas of its properties, the housing authority and private property owners with properties having two or more dwelling units could contact the police and then prosecute violators pursuant to Section 10 . 45 . 020 (B) of the proposed ordinance . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED The Housing Authority of Elgin was consulted for the drafting of the proposed ordinance and has expressly requested its adoption by the city council . FINANCIAL IMPACT None . LEGAL IMPACT None . ALTERNATIVES 1 . Adopt the proposed ordinance or any acceptable provisions . 2 . Decline to adopt the proposed ordinance . RECOMMENDATION It is recommended that the City Council approve the proposed ordinance Respectfully submitted for Council consideration. RGK Attachment Agenda Item No. !:/ I" City of Elgin n rtil,,.4' QI is WIN rip it's Eif L thig June 6, 2003 GMVOVig 1 `;:i) TO: Mayor and Members of the City Council FROM: David M. Dorgan, City ManagerG SAFE COMMUNITY �l� Richard G. Kozal , Assistant Corporation Counsel SUBJECT: Proposed Ordinance Prohibiting Possession of Open Alcohol in Public Areas and Designated Private Property Areas PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information regarding a proposed ordinance prohibiting the possession of open alcohol in public areas and designated private property areas . 111 BACKGROUND Last fall, the Housing Authority of Elgin approached the city to discuss problems relating to disturbances that were occurring within the common areas of its properties during the late evening hours of the summer months . The disturbances typically involved loitering, usually with open liquor containers being present . Although the housing authority has lease provisions prohibiting its tenants from engaging in such conduct, the housing authority sought the city' s assistance in crafting a solution that would address the problem while it was occurring rather than waiting to obtain resolution through a lengthy eviction proceeding. After meeting with staff from the police department and the corporation counsel ' s office, the housing authority is requesting that the city consider adopting a proposed ordinance drafted by the corporation counsel in conjunction with the police department that responds to the housing authority' s concerns . The proposed ordinance attached to this memorandum provides the housing authority and certain private property owners with the ability to have the Elgin police department enforce an open • alcoholic beverage prohibition on designated areas of their properties . Under the proposed ordinance, the owner of any property containing two or more dwelling units may prohibit the possession of an open container of an alcoholic beverage or the consumption of an alcoholic beverage within any parking lot or F - I Proposed Ordinance Prohibiting Possession of Open Alcohol in 0 Public Areas and Designated Private Property Areas June 6, 2003 Page 2 within any such other designated area on a qualifying property by posting a sign in plain view at or near each driveway to the parking lot or at such other location where the possession of an open container of an alcoholic beverage or the consumption of an alcoholic beverage is prohibited. After posting notices of the open alcohol prohibition in the common areas of its properties, the housing authority and private property owners with properties having two or more dwelling units could contact the police and then prosecute violators pursuant to Section 10.45 . 020 (B) of the proposed ordinance. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED The Housing Authority of Elgin was consulted for the drafting of the proposed ordinance and has expressly requested its adoption by the city council . FINANCIAL IMPACT jiA-- None. 00VEGAL IMPACT None. ALTERNATIVES 1 . Adopt the proposed ordinance or any acceptable provisions. 2 . Decline to adopt the proposed ordinance. RECOMMENDATION It is recommended that the City Council approve the proposed ordinance Respectfully submitted _ for Council consideration. RGK III Attachment Ordinance No. G- • AN ORDINANCE AMENDING TITLE 10 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "PUBLIC PEACE, MORALS AND WELFARE" BY ADDING CHAPTER 10.45 ENTITLED "POSSESSION OF OPEN CONTAINERS OF ALCOHOLIC BEVERAGES IN PUBLIC AREAS AND DESIGNA 1'ED PRIVATE PROPERTY AREAS PROHIBITED" 1 WHEREAS, the City Council finds that there are increasing problems within the 2 City associated with the consumption of alcoholic beverages in public areas and within 3 the common areas of certain properties, as identified by their owners, having multiple 4 dwelling units; and 5 6 WHEREAS, these problems include increased vandalism, violence, litter, tres- 7 passing, graffiti, and drug activity; and 8 WHEREAS, the City Council has determined that prohibiting the possession of 9 open containers of alcoholic beverages in public areas within the common areas of cer- 10 taro properties, as identified by their owners, having multiple dwelling units, is neces- 11 sary to preserve the public health, safety and welfare; 12 13 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ELGIN DOES 14 HEREBY ORDAIN AS FOLLOWS: Section 1. That Title 10 of the Elgin Municipal Code, 1976, as amended, entitled 17 "Public Peace, Moral and Welfare," be and is hereby further amended to add Chapter 18 10.45 to read as follows: 19 20 "POSSESSION OF OPEN CONTAINERS OF ALCOHOLIC BEVERAGES IN PUBLIC 21 AREAS AND DESIGNATED PRIVATE PROPERTY AREAS PROHIBITED 22 23 10.45.010: Definitions 24 10.45.020: Consumption of Alcoholic Beverages and Possession of Any Open Con- 25 tamer of Alcoholic Beverage in Public Area Unlawful 26 10.45.030: Signage Prohibiting the Possession and Consumption of Alcoholic Bever- 27 ages 28 10.45.040: Penalty for Violation 29 30 31 10.45.010: DEFINITIONS 32 33 "Alcoholic beverage" means alcohol, spirits, liquor, wine, beer, and any liquid or solid 34 containing alcohol, spirits, liquor, wine, or beer, and which contains one-half of one 35 percent or more of alcohol by volume. 36 37 "Open container" means a bottle, can,jug, box or other receptacle that contains an alco- holic beverage and has been opened, a seal broken, or the contents partially removed.