G47-03 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