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G37-95 . emk CITY OF ELGIN ORDINANCE NO. G37-95 AN ORDINANCE AMENDING THE ELGIN MUNICIPAL CODE, 1976 , AS AMENDED, BY ADDING CHAPTER 10 . 42 ENTITLED "GANGS" ADOPTED BY THE CITY COUNCIL OF THE CITY OF ELGIN ON THIS 14TH DAY OF JUNE, 1995 Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 15th day of June, 1995 . emk 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 14, 1995, the Corporate Authorities of such municipality passed and approved Ordinance No. G37-95, entitled An Ordinance Amending the Elgin Municipal Code, 1976, as Amended, by Adding Chapter 10 . 42 Entitled "Gangs" which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. G37-95, 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 15, 1995, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk. DATED at Elgin, Illinois, on June 15, 1995 . Municipal Clerk (SEAL) tek r. . tow Ordinance No. G37-95 AN ORDINANCE AMENDING THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, BY ADDING CHAPTER 10 . 42 ENTITLED "GANGS" WHEREAS, the City Council finds and declares that it is the right of every person, regardless of race, color, creed, religion, national origin, sex, age, or disability, to be secure and protected from fear, intimidation, and physical harm caused by the activities of violent groups and individuals . It is not the intent of this ordinance to interfere with the exercise of the constitutionally protected rights of freedom of expression and association. The City Council hereby recognizes the constitutional right of every citizen to harbor and express beliefs on any lawful subject whatsoever, to lawfully associate with others who share similar beliefs, to petition lawful constituted authority for a redress of perceived grievances, and to participate in the electoral process; and WHEREAS, the City Council further finds that streetgangs are often controlled by criminally sophisticated adults who take advantage of our youth by intimidating and coercing them into membership by employing them as drug couriers and r runners, and by using them to commit brutal crimes against persons and property to further the financial benefit to and dominance of the streetgang; and WHEREAS, these streetgangs ' activities present a clear and present danger to public order and safety and are not constitutionally protected. No society is or should be required to endure such activities without redress . Accordingly, it is the intent of the City Council in enacting this ordinance to create a civil remedy against streetgangs and their members that focuses upon patterns of criminal gang activity and upon the organized nature of street gangs, which together have been the chief source of their success; and 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 7 , 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 few WHEREAS, the adoption of an ordinance providing for the prevention and cessation of illegal streetgang activity pertains to the government and affairs of the City of Elgin. fek NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1 . That Title 10 entitled "Public Peace, Morals & Welfare" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding Chapter 10 . 42 entitled "Gangs" , to read as follows : "CHAPTER 10 .42 GANGS 10 . 42 . 010 DEFINITIONS. A. "Gang" or "Streetgang" means any combination, confederation, alliance, network, conspiracy, understanding or other similar conjoining, in law or in fact, of three or more persons with an established hierarchy that, through its membership or through the agency of any member engages in a course or pattern of criminal activity. For purposes of this ordinance, it shall not be necessary to show that a particular conspiracy, combination or conjoining of persons possesses, acknowledges or is known by any common name, insignia, flag, means of recognition, secret signal or code, creed, belief, structure, leadership or command structure, method of operation or criminal enterprise, concentration or specialty, membership, age or other qualifications, initiation rites, geographical or territorial situs or boundary or location, or other unifying mark, manner, protocol or method of expressing or indicating membership when the conspiracy' s existence, in law or in fact, can be demonstrated by a preponderance of other competent evidence. However, any evidence reasonably tending to show or demonstrate, in law or in fact, the existence of or membership in any conspiracy, confederation, or other association described herein, or probative of the existence of or membership in any such association, shall be admissible in any action or proceeding brought under this ordinance. B. "Gang member" or "Streetgang member" means any person who actually and in fact belongs to a gang, and any person who knowingly acts in the capacity of an agent for or accessory to, or is legally accountable for, or voluntarily associates himself with a course or pattern of gang-related criminal activity, whether in a preparatory, tek executory, or cover-up phase of any activity, or who knowingly performs, aids, or abets any such activity. C. "Gang related criminal activity" or "Streetgang related criminal activity" means any criminal activity, enterprise, pursuit, or undertaking directed by, ordered by, authorized by, consented to, agreed to, requested by, acquiesced in, or ratified by any gang leader, officer, or governing or policy-making person or authority, or by any agent, representative, or deputy of any such officer, person, or authority: 1 . with the intent to increase the gang' s size, membership, prestige, dominance, or control in any geographical area; or 2 . with the intent to provide the gang with any advantage in, or any control or dominance over any criminal market sector, including but not limited to, the manufacture, delivery, or sale of controlled substances or cannabis; arson or arson-for-hire; traffic in stolen property or stolen credit cards; traffic in prostitution, obscenity, or pornography; or that involves robbery, burglary, or theft; or 3 . with the intent to exact revenge or r retribution for the gang or any member of the gang; or 4 . with the intent to obstruct justice, or intimidate or eliminate any witness against the gang or any member of the gang; or 5 . with the intent to otherwise directly or indirectly cause any benefit, aggrandizement, gain, profit or other advantage whatsoever to or for the gang, its reputation, influence, or membership. 10 .42 . 020 NUISANCE DECLARED. A. A gang that continuously or regularly associates in organized criminal activities or that engages in a pattern of criminal or gang related gang activity is directly and indirectly injurious to the public health, safety, peace and welfare, and is declared to be a public nuisance. Any person who associates with others to knowingly engage in organized criminal activity as a member of a gang is declared to be conducting a public nuisance. No person shall keep, maintain, or participate in such nuisance. B. Every building or place used by members of a gang for the purpose of the commission of illegal acts, including, but not limited to, any violations of the Elgin Municipal Code, on two or more occasions within any twenty-four month period, is declared to be a public nuisance. No person shall keep, maintain or participate in such public nuisance. 10 . 42 . 030 NOTICE PRIOR TO SUIT--OPPORTUNITY TO ABATE. Before the filing of a complaint under Section 10 .42 . 020(B) of this ordinance, the city shall, by personal service or by certified mail, provide to the owner of the place at which the nuisance is located, or the agent of the owner, written notice of the following: 1 . That a nuisance, as defined in this ordinance, exists at the place specified in the notice; 2 . That the owner of the place or his or her agent has fourteen days from the mailing of the notice or seven days from personal service of the notice to appear, at the city at the address provided in the notice to arrange to take action to abate the nuisance; and 3 . That failure to appear at the city within the time indicated may result in the city filing a complaint to abate the complained of nuisance. If the owner of the place or his or her agent does not appear at the city as requested within the time periods prescribed above, the city may file a complaint under Section 10 . 42 . 020(B) of this ordinance. If the owner or his or her agent appears before the city in the time prescribed, the owner or his or her agent may agree to comply with reasonable recommendations requested by the city designed to abate the nuisance. If the owner or his or her agent does not affirmatively agree in writing to follow the city' s recommendations, the city may file a complaint under Section 10 .42 . 020(B) of this ordinance. If the owner or his or her agent agrees to follow the city's recommendations but subsequently fails to comply with those recommendations, the city may proceed to file a complaint under this ordinance, except that in cases in which the prompt failure to file a complaint would not result in irreparable harm, loss, or damage, the city shall, before the filing of the complaint, provide the owner of the place or his or eek her agent with written notification by personal service or by certified mail sent to the last known address of the owner or agent that he or she has failed to satisfactorily comply with the requested recommendations and that the city intends to file a suit under Section 10.42 . 020(B) of this ordinance to abate the nuisance. 10 . 42 . 040 RECRUITMENT RESTRICTIONS. A. No person shall force, threaten to use force, intimidate or coerce another to join any gang, group, club or organization. This section shall not apply to persons engaged in lawful concerted activities governed and protected by the federal statute commonly known as the "National Labor Relations Act. " B. No person shall intentionally solicit any person under eighteen years of age to participate in any gang related criminal activity. 10.42 . 050 REMEDIES. In any suit to abate a nuisance as declared and defined in this chapter or to otherwise enforce the provisions of this chapter the City may seek any and all remedies available or provided by law including but not limited to fines and injunctions to perpetually restrain all persons from maintaining or permitting such nuisance and from using the place in which such a nuisance is maintained for any purpose for a period of one year. 10 . 42 . 060 PENALTY FOR VIOLATION. Any person, organization, association, firm or corporation violating any of the provisions of this chapter, in addition to other legal and equitable remedies available to the city including but not limited to injunctions to abate the nuisances described in this chapter, shall be fined not less than $500 nor more than $1,000 . Each day during which a violation of this chapter continues or is permitted to exist shall be considered a separate and distinct offense. 10 . 42 . 070 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 adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not effect, impair or otherwise invalidate the remainder of this section and the application of such provision to other persons or 000'' 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 provisions, clause, sentence, paragraph, section or part thereof not been included. " Section 2 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3 . That this ordinance shall be in full force and effect ten ( 10) days after its passage and publication in the manner provided by law. Kevin Kelly, Mayor e Presented: June 14 , 1995 Passed: June 14 , 1995 Omnibus Vote: Yeas 7 Nays 0 Recorded: June 15, 1995 Published: June 15, 1995 Attest: Dolonna Mecum, City Clerk