G71-91 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
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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;
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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