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HomeMy WebLinkAboutG71-91 CITY OF ELGIN ORDINANCE NO. G71-91 AN ORDINANCE PROHIBITING LOITERING FOR THE PURPOSE OF ENGAGING IN PROSTITUTION-RELATED OR DRUG-RELATED ACTIVITIES ADOPTED BY THE CITY COUNCIL OF THE CITY OF ELGIN ON THIS 6TH DAY OF NOVEMBER, 1991 Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 7th day of November, 1991 . Ordinance No. G71-91 AN ORDINANCE PROHIBITING LOITERING FOR THE PURPOSE OF ENGAGING IN PROSTITUTION-RELATED OR DRUG-RELATED ACTIVITIES WHEREAS, innocent persons, especially children, who come into contact with illegal prostitution-related and drug related activities within the City of Elgin and their own neighborhoods are seriously and adversely affected; and WHEREAS, the Mayor and City Council have been made acutely aware by citizens and citizen groups of this City as to the increased, illegal prostitution-related and drug-related activities occurring in certain neighborhoods within the City; and WHEREAS, the Mayor and City Council find and declare that prostitution-related and drug-related activities are a City-wide problem of such substantial and significant proportions that it threatens the health, safety, and welfare of this City, particularly children, so as to require the immediate passage of an ordinance prohibiting loitering for the purpose of engaging in prostitution-related or drug-related activities; and WHEREAS, the City of Elgin is authorized to enact this ordinance pursuant to its police power and its home rule power. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1 . That Chapter 10 . 36 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding the following: 10 . 36 . 020 Loitering for the purpose of engaging in prostitution-related activity. a. It is unlawful for any person to loiter in or near any thoroughfare, or place open to the public, for the purpose of engaging in an act of prostitution contrary to any provisions of the prostitution-related portions of Article 11 of the Illinois Criminal Code, Ill. Rev. Stat. , Ch. 38, Par. 11-14 through 11-19 . 1, as amended or any other local, state, or federal law prohibiting prostitution-related activity (hereinafter "prostitution laws") . b. Among the circumstances which may be considered by the arresting officer in determining whether such purpose is "manifested" are the following: 1 . such person is a known prostitute, panderer, or pimp. For purposes of this ordinance, a "known prostitute, panderer, or pimp" is a person who has, within the knowledge of the arresting officer, been convicted in any court within this state of any violation of the prostitution laws or substantially similar laws of any political subdivision or this state or of any other state or jurisdiction within the previous year; and 2 . such person repeatedly beckons to, stops, attempts to stop, or engages in conversation with any person or motor vehicle operator by hailing, waving, or any other bodily gesture for the purpose of inducing, enticing, soliciting, or procuring another for purposes of committing an act of prostitution. 3 . such person repeatedly beckons to, stops, attempts to stop, or engages in conversation with any pedestrian by hailing, waving, or any other bodily gesture for the purpose of inducing, enticing, soliciting, or procuring another for purposes of committing an act of prostitution. c. No determination of intent shall be made absent an affirmative act by the person to be charged, which act or acts, when taken in the context of the totality of the surrounding circumstances, shall constitute a substantial step towards a violation of the aforementioned prostitution laws . 10 . 36 . 030 Loitering for the purpose of engaging in drug-related activity. a. It is unlawful for any person to loiter in or near any thoroughfare, or place open to the public, for the purpose of engaging in activity contrary to any of the provisions of the Illinois Controlled Substances Act, Ill . Rev. Stat, Ch. 561, Par. 1100 et seq. , as amended, the Illinois Cannabis Control Act, Ill . Rev. Stat. , Ch. 561 , Par. 701 et seq. , as amended, the Illinois Steroid Control Act, Ill . Rev. Stat. , Ch. 561 , Par. 2301 et seq. , as amended, or any other local, state, or federal law • prohibiting the manufacture, distribution, delivery, use, or possession of a controlled substance (hereinafter "drug laws" ) . b. Among the circumstances which may be considered in determining whether such purpose is "manifested" are the following: 1 . such person is a known unlawful drug user, possessor, or seller. For purposes of this ordinance, a "known unlawful drug user, possessor, or seller" is a person who has, within the knowledge of the arresting officer, been convicted in any court within this state of any violation involving the use, possession, or sale of any of the substances referred to in the drug laws within the previous year or such person has been convicted of any of the provisions of said drug laws or substantially similar laws of any political subdivision of this state or of any other state or jurisdiction within the previous year; or a person who displays physical characteristics of drug intoxication or usage, such as "needle tracks", or a person who possesses drug paraphernalia as defined in the Illinois Drug Paraphernalia Control Act, Ill . Rev. Stat. , Ch. 561 , Par. 2101 et seq. , as amended; 2 . such person is currently subject to an order of court prohibiting his or her presence in a high drug activity geographic area and such person is located in such an area; 3 . such person behaves in such a manner as to raise a reasonable suspicion that he or she is about to engage in or is then engaged in an unlawful drug-related activity, including, but not limited to, such person acting as a "lookout" ; 4 . such person is a known member of a "gang" or association which has as its purpose illegal drug activity; for purposes of this ordinance, a "known" member of a "gang" is a person, who has, within the knowledge of the arresting officer, been convicted in any court within the United States, within the previous year, of any violation involving illegal gang activity. tow 5 . such person transfers small objects or packages for currency in a furtive fashion; • 6 . such person takes flight upon the appearance of a police officer; 7 . such person manifestly endeavors to conceal himself or herself or any object which reasonably could be involved in an unlawful drug-related activity; 8 . The area involved is known to be an area of unlawful drug use and trafficking. For purposes of this ordinance, an area "known to be an area of unlawful drug use" is a specifically defined geographic area, designated by the Chief of Police to be a known area of unlawful drug use; said designation being based on empirical data; c. No determination of intent shall be made absent an affirmative act by the person to be charged, which act or acts, when taken in context of the totality of the surrounding circumstances, shall constitute a substantial step towards the violation of the aforementioned drug laws . Section 2 . That this ordinance and every provision thereof shall be deemed separable and the invalidity of any portion thereof shall not affect the validity of any other portion of this ordinance. Section 3. That all ordinances or parts thereof, inconsistent with the terms and provisions of this ordinance are hereby repealed. Section 4 . That this ordinance shall be in full force and effect ten days after its passage and publication in the manner provided by law. George DeVoorde, Mayor Presented: November 6, 1991 Passed: November 6, 1991 Omnibus Vote: Yeas 7 Nays 0 Recorded: Published: Attest: A4-1,4_1.k Dolonna Mecum, City Clerk