G14-09 AN ORDINANCE Ordinance No. G14-09
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AMENDING TITLE 10 OF THE
ELGIN MUNICIPAL CODE, 1976, AS AMENDED,
TO PROHIBIT CERTAIN PUBLIC NUISANCE-RELATED ACTIVITIES
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, Morals and Welfare," be and is hereby amended by creating Chapter 10.33, entitled,
"Public Intoxication," to read as follows:
SECTION:
10.33.010: Public Intoxication
10.33.020: Penalty for Violation
10.33.010: PUBLIC INTOXICATION:
It shall be unlawful for any person in an intoxicated condition to engage in any behavior
which causes a disturbance of the peace, including but not limited to, making or creating
• loud noises so as to cause a disturbance of the peace, acting in an unruly or generally
threatening manner in the presence of any person including a police officer, refusing to
follow the instructions of a police officer, or otherwise disturbs the peace in any public
place, highway or alley. For the purposes of this section, "intoxicated condition' shall
mean a diminished ability to act with full mental and physical capabilities because of
alcohol or drug consumption.
10.33.020: PENALTY FOR VIOLATION:
A. First Offense. Any person found guilty of violating any provision of this chapter
shall be fined not less one hundred dollars ($100.00) 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. That Title 10 of the Elgin Municipal Code, 1976, as amended, entitled "Public
Peace, Morals and Welfare," be and is hereby amended by creating Chapter 10.34, entitled,
"Panhandling," to read as follows:
• SECTION:
10.34.010: Panhandling
10.34.020: Penalty for Violation
10.34.010: PANHANDLING:
A. Definitions. As used in this chapter, unless the context otherwise requires:
"Panhandling" is any solicitation made in person, requesting an immediate donation of
money or other thing of value. The purchase of an item for an amount far exceeding its
value, under circumstances where a reasonable person would understand that the
purchase is, in substance, a donation, is a donation for the purpose of this section. Except
as specifically provided in this section, panhandling does not include passively standing
or sitting with a sign or other indication that one is seeking donations, without addressing
any solicitation to any specific person other than in response to an inquiry by that person.
"Center City Business District" is that area bounded by the north side of Kimball Street
on the north, the east side of Dundee Avenue and the east side of Villa Street on the east,
the south side of National Street on the south and the west side of State Street on the
west, including, in all instances, all adjacent properties on both sides of each boundary
street.
• B. Place of Panhandling—Violation. It shall be unlawful for any person to panhandle,
including passively standing or sitting with a sign or other indication that one is seeking
donations, when the person solicited is in any of the following places within the City
limits of Elgin, Illinois:
1. At any bus or train stop;
2. In any public transportation vehicle or facility:
3. In any vehicle on the street;
4. In a public park, fairground, or sporting facility, including entry ways or exits thereto;
5. Within 15 feet of the site of any automated teller machine (ATM);
6. On private property, unless the panhandler has permission from the owner or occupant;
7. In a parking lot or garage owned or operated by the City of Elgin, including entryways
or exits and pay stations connected therewith; or
8. On public property in the Center City Business District.
• C. Manner of Panhandling—Violation. It shall be unlawful for any person to panhandle in
any of the following manners:
i
• 1. By blocking the path of the person solicited;
2. By using profane or abusive language, either during the solicitation or following a
refusal;
3. By panhandling in a group of two or more persons; or
4. By any statement, gesture, or other communication which a reasonable person in the
situation of the person solicited would perceive to be a threat.
D. False or Misleading Solicitation—Violation.
1. It shall be unlawful for any person to knowingly make any false or misleading
representation in the course of soliciting a donation. False or misleading representations
include, but are not limited to, the following:
a. Stating that the donation is needed to meet a specific need, when the solicitor
already has sufficient funds to meet that need and does not disclose that fact;
b. Stating that the donation is needed to meet a need which does not exist;
c. Stating that the solicitor is from out of town and stranded, when such is not
• true;
d. Wearing a military uniform or other indication of military service, when the
solicitor is neither a present nor former member of the service indicated;
e. Wearing or displaying an indication of physical disability, when the solicitor
does not suffer the disability indicated;
f. Use of any makeup or device to simulate any deformity; or
g. Stating that the solicitor is homeless, when he or she is not.
2. It shall be unlawful for any person to solicit a donation stating that the funds are
needed for a specific purpose and then spend the funds received for a different purpose.
10.34.020: PENALTY FOR VIOLATION:
A. First Offense. Any person found guilty of violating any provision of this chapter shall be
fined not less than one hundred dollars ($100.00) 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 3. That Title 10 of the Elgin Municipal Code, 1976, as amended, entitled "Public
Peace, Morals and Welfare," be and is hereby amended by creating Chapter 10.35, entitled,
"Sitting/Lying on Sidewalks in the in the Center Business District Prohibited," to read as
follows:
SECTION:
10.35.010: Definitions
10.35.020: Prohibition
10.35.030: Affirmative Defenses
10.35.040: Penalty for Violation
10.35.010: DEFINITIONS:
As used in this chapter, unless the context otherwise requires:
"Center City Business District" is that area bounded by the north side of Kimball Street
on the north, the east side of Dundee Avenue and the east side of Villa Street on the east,
the south side of National Street on the south and the west side of State Street on the west
• including, in all instances, all adjacent properties on both sides of each boundary street.
"Sidewalk" means an improved walkway intended primarily for pedestrians, usually
running parallel to one or both sides of the pavement of a street and public transit waiting
areas located within the public right-of-way.
10.35.020: PROHIBITION:
It is unlawful for any person, after having been notified by a law enforcement officer of
the prohibition in this section, to sit or lie down upon a public sidewalk or upon a blanket,
chair, stool, or any other object placed upon a public sidewalk, in the Center City
Business District.
10.35.030: AFFIRMATIVE DEFENSES:
It is an affirmative defense to the prohibition in this section if it is shown that:
A. Sitting or lying down on a public sidewalk is due to a medical emergency; or
B. As a result of age, infirmity or disability a person utilizes a wheelchair, walker,
stroller, or similar device to move about a public sidewalk; or
• C. The person is operating or patronizing a commercial establishment conducted on
the public sidewalk pursuant to a street use or similar permit: or a person
• participating in or attending a parade, festival, performance, rally, demonstration,
meeting or similar event conducted on a public sidewalk pursuant to a street use
or other applicable permit; or
D. The person is sitting on a chair or bench located on the public sidewalk which is
supplied by a public or private agency or by the abutting private property owner;
or
E. The sitting or lying is while waiting in an orderly line for entry to any building,
including shelters, or awaiting social services such as provision of meals; or
outside a box office to purchase tickets to any sporting event, concert,
performance, or other special event; or
F. The sitting or lying is an integral part of a planned, publicized protest by ten (10)
or more people accompanied by incidents of speech such as signs and literature
explaining the protest, for which proper city permits have been obtained.
10.35.040: PENALTY FOR VIOLATION:
A. First Offense. Any person found guilty of violating any provision of this chapter
shall be fined not less than one hundred dollars ($100.00) 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 4. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled
"Alcoholic Liquor Dealers," be and is hereby amended by amending Section 6.06.140, entitled,
"Offenses by Licensee," to add new subparagraphs K and L to read as follows:
No licensee under the provisions of this chapter shall either individually or through his
agents or employees do any of the following:
K. Permit the sale of all flavors and alcohol content by the single container of the
following named low cost/high alcohol content beer and malt products
enumerated below:
Prohibited Beer and Malt Products:
1. Bull Ice
• 2. Busch Ice
3. Colt 45 Ice
4. Colt 45 Malt Liquor
• 5. Hurricane Ice Malt Liquor
6. Keystone Ice
7. Lucky Ice Ale Premium
8. Mickey's Iced Brewed Ale
9. Mickey's Malt Liquor
10. Miller High Life Ice
11. Milwaukee Best Ice
12. Milwaukee Best Premium Ice Beer
13. Natural Ice
14. Old Milwaukee Ice
15. Olde English 800
16. Pabst Ice
17. Rainier Ale
18. Red Bull Malt Liquor
19. Red Dog
20. Schmidt's Ice
21. Special 800 Reserve
22. St. Ide's Liquor and Special Brews
23. Steel Reserve
24. Country Club Malt Liquor
25. Crazy Horse Malt Liquor
26. King Cobra Malt Liquor
• 27. Magnum Malt Liquor
28. Old English HG 800 Malt Liquor
29. Schlitz Malt Liquor
L. Permit the sale of all flavors and alcohol content by the single container of the
following named low cost/high alcohol content wine products enumerated below:
Prohibited Wine Products:
1. Cisco
2. Gino's Premium Blend
3. MD 20/20
4. Night Train Express
5. Richard's Wild Irish Rose
6. Thunderbird
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
• 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 Sections 1, 2, 3, 5, 6 and 7 of this ordinance shall be in full force and
effect upon its passage and publication in the manner provided by law. That Section 4 of this
ordinance shall be in full force and effect from and after June 15, 2009.
Ed Schock, Mayor
Presented: May 13, 2009j ;
Passed: May 13, 2009 " s;
�pES FLU141",
Vote: Yeas: 7 Nays: 0 .
Recorded: May 14, 2009 J,`• 2
Published: May 15, 2009 r '
Attest:
Diane Robertson, City Cler
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