G55-08 Ordinance No. G55-08
AN ORDINANCE
AMENDING TITLE 10 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED,
ENTITLED "PUBLIC PEACE, MORALS AND WELFARE,"
PROHIBITING PROSTITUTION
AND PROSTITUTION-RELATED ACTIVITY
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, entitled
"Loitering," be and is hereby amended to amend section 10.36.020, entitled "Loitering for the
Purpose of Engaging in Prostitution-Related Activity Unlawful," to read as follows:
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 II of the Illinois Criminal
Code, 720 Illinois Compiled Statutes 5/11-14 through 5/11-19.1, 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
Chapter, 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 substantial step towards a violation of
the aforementioned prostitution laws.
D. Any person violating the provisions of this section shall be fined not less than
$1000 nor more than$1500 for each offense.
E. A motor vehicle that is used in the violation of this section or in the commission
of prostitution as defined in section 11-14 of the Illinois Criminal Code of 1961,
as amended, soliciting for a prostitute as defined in section 11-15 of such code,
soliciting for a juvenile prostitute as defined in section 11-18 of such code, or
patronizing a juvenile prostitute as defined in section 11-18.1 of such code, shall
be subject to seizure and impoundment under this subsection.
1. The owner of record of such vehicle shall be liable to the city for an
administrative penalty of$1,000.00 in addition to fees for the towing and storage
of the vehicle.
2. Whenever a police officer has probable cause to believe that a vehicle is subject
to seizure and impoundment pursuant to this section, the police officer shall
provide for the towing of the vehicle to a facility controlled by the city or its
agents. When the vehicle is towed, the police officer shall notify the person who
is found to be in control of the vehicle at the time of the alleged violation, if there
is such a person, of the fact of the seizure and of the vehicle owner's right to
request a preliminary hearing to be conducted under section 11.40.095 of this
Code.
3. With the exception of the amount of the enumerated fine, the provisions of
section 11.40.095 of this Code shall apply whenever a motor vehicle is seized and
impounded pursuant to this section.
Section 2. That Chapter 10.36 of the Elgin Municipal Code, 1976, as amended, entitled
"Loitering," be and is hereby amended to amend section 10.36.030, entitled "Loitering for the
Purpose of Engaging in Drug-Related Activity Unlawful,"to read as follows:
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, 720 Illinois Compiled
Statutes 570/100 et seq., as amended, the Illinois Cannabis Control Act, 720
Illinois Compiled Statutes 550/1 et seq., as amended, the Illinois Steroid Control
Act, 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 Chapter, a "known unlawful drug user, possessor, or seller" is a person
who has, within the knowledge of the arresting officer, been convicted in any
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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, 720 Illinois Compiled Statutes 600/1 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 Chapter, a "known" member of
"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;
5. Such person transfers small objects or packages for currency in 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 Section, 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.
D. Any person violating the provisions of this section shall be fined not less than
$1000 nor more than$1500 for each offense.
E. A motor vehicle that is used in the violation of this section or in the commission
of prostitution as defined in section 11-14 of the Illinois Criminal Code of 1961,
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as amended, soliciting for a prostitute as defined in section 11-15 of such code,
soliciting for a juvenile prostitute as defined in section 11-18 of such code, or
patronizing a juvenile prostitute as defined in section 11-18.1 of such code, shall
be subject to seizure and impoundment under this subsection.
1. The owner of record of such vehicle shall be liable to the city for an
administrative penalty of$1,000.00 in addition to fees for the towing and storage
of the vehicle.
2. Whenever a police officer has probable cause to believe that a vehicle is subject
to seizure and impoundment pursuant to this section, the police officer shall
provide for the towing of the vehicle to a facility controlled by the city or its
agents. When the vehicle is towed, the police officer shall notify the person who
is found to be in control of the vehicle at the time of the alleged violation, if there
is such a person, of the fact of the seizure and of the vehicle owner's right to
request a preliminary hearing to be conducted under section 11.40.095 of this
Code.
3. With the exception of the amount of the enumerated fine, the provisions of
section 11.40.095 of this Code shall apply whenever a motor vehicle is seized and
impounded pursuant to this section.
Section 3. That Title 10 of the Elgin Municipal Code, 1976, as amended, entitled "Public
Peace, Morals and Welfare" be and is hereby further amended by adding thereto a new Chapter
10.37, entitled"Prostitution and Prostitution-Related Offenses,"to read as follows:
SECTION:
10.37.010: Definitions
10.37.020: House of Ill-Fame or Assignation
10.37.030: Directing Persons to Houses of Ill-Fame
10.37.040: Prostitution or Lewdness in Conveyances
10.37.050: Soliciting
10.37.060: Responding to Prostitutes
10.37.070: Motor Vehicle Impoundment
10.37.010: DEFINITIONS:
As used in this chapter, unless the context otherwise requires:
PUBLIC PLACE: Any street, sidewalk, bridge, alley or alleyway, plaza, park, driveway,
parking lot or transportation facility or the doorways and entrance ways to any building
which fronts on any of the aforesaid places, or a motor vehicle in or on any such place, or
any other public way.
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PROSTITUTION: Shall have the same meaning given that term in the Illinois Criminal
Code of 1961, as amended.
PANDERING: Shall have the same meaning given that term in the Illinois Criminal
Code of 1961, as amended.
SOLICITING FOR A PROSTITUTE: Shall have the same meaning given that term in
the Illinois Criminal Code of 1961, as amended.
10.37.020: HOUSE OF ILL-FAME OR ASSIGNATION:
A. Every house of ill-fame or house of assignation where men and women resort for
the purpose of fornication, prostitution, or lewdness is hereby declared to be a
nuisance.
B. No person shall keep or maintain a house of ill-fame or assignation, or a place for
the practice of fornication,prostitution, or lewdness.
C. Each 24 hours that such house or place shall be kept or maintained for such
purpose shall constitute a separate and distinct offense.
D. No person shall patronize, frequent, be found in, or be an inmate of any such
house or place used for any of the purposes set forth in this section.
E. No person shall lease to another any house, room, or other premises, in whole or
in part, for any of the uses or purposes set forth in this section or knowingly
permit the same to be used or occupied for such purposes.
F. Any person violating the provisions of this section shall be fined not less than
$1000 nor more than $1500 for each offense.
10.37.030: DIRECTING PERSONS TO HOUSES OF ILL FAME:
A. No person knowingly shall direct, take, transport, or offer to direct, take, or
transport, any person for immoral purposes to any other person, or assist any
person by any means to seek or to find any prostitute or other person engaged in
immoral practices, or any brothel, bawdy house, or any other place of ill-fame.
B. Any person violating the provisions of this section shall be fined not less than
$1000 nor more than $1500 for each offense.
10.37.040: PROSTITUTION OR LEWDNESS IN CONVEYANCES:
A. No person shall knowingly receive any person for purposes of lewdness,
assignation, or prostitution into or upon any vehicle or other conveyance or permit
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any person to remain for any of the said purposes in or upon any such vehicle or
other conveyance.
B. Any person violating the provisions of this section shall be fined not less than
$1000 nor more than$1500 for each offense.
10.37.050: SOLICITING:
A. No person shall by any overt acts in or upon the public ways or in any hotel,
motel or other public place of accommodation or on public conveyances or in any
establishment licensed to sell alcoholic beverages, offer to perform or solicit for
another person to perform any act of prostitution.
B. Any person violating the provisions of this section shall be fined not less than
$1000 nor more than$1500 for each offense.
10.37.060: RESPONDING TO PROSTITUTES:
A. Any person who responds to the beckoning of a prostitute in a public place by
inquiring about, negotiating for, accepting an offer of or engaging in an act of
prostitution, or by allowing another into his or her motor vehicle for purposes of
inquiring about, negotiating for, accepting an offer of or engaging in an act of
prostitution, shall be guilty of a violation of this section.
B. The chief of police shall make available to local newspapers, radio and television
stations the names of all persons charged with violating this subsection.
C. Any person violating the provisions of this section shall be fined not less than
$1000 nor more than $1500 for each offense.
10.37.070: MOTOR VEHICLE IMPOUNDMENT:
A. A motor vehicle that is used in the violation of section 10.37.030, 10.37.040,
10.37.050 or 10.37.060 of this chapter, or in the commission of prostitution as
defined in section 11-14 of the Illinois Criminal Code of 1961, as amended,
soliciting for a prostitute as defined in section 11-15 of such code, soliciting for a
juvenile prostitute as defined in section 11-18 of such code, or patronizing a
juvenile prostitute as defined in section 11-18.1 of such code, shall be subject to
seizure and impoundment under this subsection.
1. The owner of record of such vehicle shall be liable to the city for an
administrative penalty of$1,000.00 in addition to fees for the towing and storage
of the vehicle.
2. Whenever a police officer has probable cause to believe that a vehicle is subject
to seizure and impoundment pursuant to this section, the police officer shall
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provide for the towing of the vehicle to a facility controlled by the city or its
agents. When the vehicle is towed, the police officer shall notify the person who
is found to be in control of the vehicle at the time of the alleged violation, if there
is such a person, of the fact of the seizure and of the vehicle owner's right to
request a preliminary hearing to be conducted under section 11.40.095 of this
Code.
3. The provisions of section 11.40.095 of this Code shall apply whenever a motor
vehicle is seized and impounded pursuant to this section.
Section 4. That Chapter 10.44 of the Elgin Municipal Code, 1976, as amended, entitled
"Chronic Nuisance Property," be and is hereby amended to amend section 10.44.020, entitled
"Definitions,"to read as follows:
CHRONIC NUISANCE PROPERTY: Property upon which three (3) or more instances
of any one or any combination of the behaviors listed below have occurred during any
one hundred twenty (120) day period, as a result of any three (3) separate factual events
that have been independently investigated by any law enforcement agency:
A. Disorderly conduct as defined in 720 Illinois Compiled Statutes 5/26-1, as
amended.
B. Unlawful use of weapons as defined in 720 Illinois Compiled Statutes 5/24-1 et
seq., as amended.
C. Mob action as defined in 720 Illinois Compiled Statutes 5/25-1, as amended.
D. Discharge of a firearm as defined in 720 Illinois Compiled Statutes 5/24-1.2 and
1.5, as amended.
E. Gambling as defined in 720 Illinois Compiled Statutes 5/28-1, as amended.
F. Possession, manufacture or delivery of controlled substance as defined in 720
Illinois Compiled Statutes 570/401 et seq., as amended.
G. Assault or battery or any related offense as defined in 720 Illinois Compiled
Statutes 5/12-1 et seq., as amended.
H. Sexual abuse or related offenses as defined in 720 Illinois Compiled Statutes
5/12-15 et seq., as amended.
I. Public indecency as defined in 720 Illinois Compiled Statutes 5/11-9 et seq., as
amended.
eft J. Violations of any city of Elgin ordinance or state of Illinois statute controlling or
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regulating prostitution, as the term"prostitution" is defined in 720 Illinois
Compiled Statutes 5/11-14 et seq., as amended.
K. Criminal damage to property as defined in 720 Illinois Compiled Statutes 5/21-1
et seq., as amended
L. Possession, cultivation, manufacture or delivery of cannabis as defined in 720
Illinois Compiled Statutes 550/1 et seq., as amended
M. Illegal consumption or possession of alcohol as defined in 235 Illinois Compiled
Statutes 5/1 et seq., as amended.
N. Violations of subsection 9.40.470A of this code relative to property care and
maintenance.
O. Violation of any city of Elgin ordinance or state of Illinois statute controlling or
regulating the sale or use of alcoholic beverages.
P. Violations of city of Elgin property maintenance code section 307 et seq., as
amended, relative to rubbish and garbage.
rt. CONTROL: The ability to regulate, restrain, dominate, counteract or govern conduct that
occurs on that property.
OWNER: Any person, agent, partnership, limited liability company or corporation,
having any legal or equitable interest in the property.
PERMIT: To suffer, allow, consent to, acquiesce by failure to prevent, or expressly
assent or agree to the doing of an act.
PERSON IN CHARGE: Any person in actual or constructive possession of a property,
including, but not limited to, an owner-occupant of property under his or her domain,
ownership or control.
PROPERTY: Any real property, including land in that which is affixed, incidental or
pertinent to land, including, but not limited to, any premises, room, house, building, or
structure or any separate part or portion thereof, whether permitted or not.
Section 5. Severability. If any provision, clause, sentence, paragraph, section or part of
this ordinance 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 affect, impair or invalidate the remainder of this ordinance and the application of such
provision to other persons or 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
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involved. It is hereby declared to be the legislative intent of the City Council that this ordinance
would have been adopted had such unconstitutional or invalid provisions, clause, sentence,
paragraph, section or part thereof not been included.
Section 6. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
Section 7. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
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Robert illiam, Mayor Pro Tem
Presented: August 13, 2008
Passed: August 13, 2008
Omnibus Vote: Yeas: 5 Nays: 0 F ELG"
Recorded: August 14, 2008 t4
Published: August 15, 2008s
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Attest:
Diane Robertson, City lerk
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