G46-16 Ordinance No. G46-16
AN ORDINANCE
AMENDING TITLE 10 ENTITLED "PUBLIC PEACE, MORALS
AND WELFARE" AND CHAPTER 6.06 ENTITLED "ALCOHOLIC LIQUOR DEALERS"
OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED
WHEREAS, the Council of the City of Elgin has determined it is necessary and desirable
to provide for the abatement of nuisance activities within certain public areas within the City; 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 VII, 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
WHEREAS,the City of Elgin has determined that it is beneficial and in the public interest
to have and maintain a prominent, attractive, and pedestrian-friendly downtown and riverfront in
order to bring new investment, residents, businesses, and visitors to Elgin's center city business
area and its adjoining neighborhoods; and
WHEREAS, since 2013 the City of Elgin has observed an increase in the number of
citations issued to persons engaging in the commission of unlawful acts in Elgin's center city
business area and its adjoining neighborhoods, including but not limited to an increase in the
occurrences of public intoxication, possession of open alcohol containers, public indecency and
littering; and
WHEREAS, the issuance of citations to offenders has not been successful in deterring
persons from engaging in the commission of unlawful acts in Elgin's center city business area;and
WHEREAS, persons that engage in the commission of unlawful acts in public areas are
directly and indirectly injurious to the public health, safety and welfare;
WHEREAS,persons engaging in multiple instances of illegal acts in public areas interferes
with the public enjoyment of such areas, encourages other unlawful activities, diminishes property
values in that area, and causes or threatens to cause danger to persons and/or properties in that
area; and
WHEREAS, the City Council of the City of Elgin hereby finds that persons engaging in
multiple instances of illegal acts in public areas are a threat to public health, safety and welfare
and constitute and are declared to be public nuisances that shall be abated by the temporary civil
exclusion of such persons from certain public areas, as provided herein; and
WHEREAS,the prevention of illegal acts and the definition of and abatement of nuisance
activities within public areas pertains to the government and affairs of the City of Elgin; and
WHEREAS, the City of Elgin has adopted ordinances regulating the sale of alcoholic
liquor regulations regarding public intoxication and regulations regarding open containers of
alcoholic beverages in public areas; and
WHEREAS, violations of the city's regulations pertaining to public intoxication and open
containers of alcoholic beverages in public areas are among the activities the City of Elgin has
determined to be a threat to public health, safety and welfare constitute public nuisances; and
WHEREAS, the City Council has determined that in order to protect the public health,
safety and welfare it is necessary to amend the regulations pertaining to public intoxication and
open containers of alcoholic beverages in public areas; and
WHEREAS, the City Council has determined that acts of public indecency are a threat to
public health, safety and welfare and that it is necessary to adopt an ordinance defining and
prohibiting public indecency; and
WHEREAS, regulations regarding alcoholic liquor dealers, public intoxication,
consuming or possessing alcoholic beverages in public areas and public indecency relate to the
public health, safety and welfare; and
WHEREAS, the regulations provided for in this ordinance are intended to prevent and
reduce the commission of illegal acts, to enhance the quality of life in the City and to protect the
public health, safety and welfare; and
WHEREAS, the City of Elgin is a home rule unit, and as a home rule unit may exercise
any power and perform any function pertaining to its government and affairs; and
WHEREAS, the regulation of alcoholic liquor, public indecency and public health, safety
and welfare pertain to the government and affairs of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That Chapter 10.46 of the Elgin Municipal Code, 1976, as amended, entitled
"Public Nuisance-Free Zones"be and is hereby created to read as follows:
"Chapter 10.46
PUBLIC NUISANCE-FREE ZONES
10.46.010: DEFINITIONS:
10.46.020: PUBLIC NUISANCE OFFENDER:
10.46.030: CIVIL EXCLUSION:
10.46.040: VIOLATION OF EXCLUSION-PENALTIES:
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10.46.050: PROCEDURES:
10.46.060: VARIANCES:
10.46.070: APPEALS:
10.46.080: SEVERABILITY:
The following terms as used in this chapter shall have the meanings as set forth below:
ADMINISTRATIVE HEARING OFFICER: A hearing officer authorized to hear and
adjudicate non-vehicular code violations under the City of Elgin administrative
adjudication system as set forth in Chapter 1.25 of this code.
CENTER CITY BUSINESS DISTRICT: 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.
ENFORCEMENT ACTION: Any of the following actions taken by a law enforcement or
code enforcement agency: (1) the physical arrest of an individual, or (2) the issuance of a
citation for a violation of law;or(3)a referral of charges to the state's attorney,corporation
counsel, or other appropriate authority for prosecution.
ESSENTIAL NEEDS: Food, physical care and medical attention.
NUISANCE ACTIVITIES: For the purposes of this chapter, the following offenses shall
constitute Nuisance Activities:
A. Any offense provided for in Article 11 of the Illinois Criminal Code of 2012,
entitled"Sex Offenses," 720 Illinois Compiled Statutes 5/11-1 et seq.,as amended,
or by Chapter 10.37 of the Elgin Municipal Code, entitled "Prostitution and
Prostitution Related Offenses," as amended.
B. Any offense provided for in Article 21, Subdivision 5 of the Illinois Criminal Code
of 2012,entitled"Trespass," 720 Illinois Compiled Statutes 5/21-2 through 5/21-9,
inclusive, as amended, or by Chapter 10.52 of the Elgin Municipal Code, entitled
"Trespass," as amended.
C. Any offense provided for in the Illinois Cannabis Control Act, 720 Illinois
Compiled Statutes 550/1 et seq., as amended, or by Chapter 10.24 of the Elgin
Municipal Code, entitled"Cannabis," as amended.
D. Any offense provided for in the Illinois Controlled Substances Act, 720 Illinois
Compiled Statutes 570/100 et seq., as amended.
E. Any offense provided for in the Illinois Litter Control Act, 415 Illinois Compiled
Statutes 105/1 et seq., as amended, or by Section 9.36.030 of the Elgin Municipal
Code, 1976, as amended, relative to littering.
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F. Any offense provided for in the Illinois Drug Paraphernalia Control Act, 720
Illinois Compiled Statutes 600/1 et seq., as amended, or by Chapter 10.25 of the
Elgin Municipal Code, 1976, as amended, entitled "Drug Paraphernalia Control"
as amended.
G. Any offense provided for in Section 26-1 of the Illinois Criminal Code of 2012,
entitled"Disorderly Conduct," 720 Illinois Compiled Statutes 5/26-1, as amended,
or by Chapter 10.32 of the Elgin Municipal Code, entitled "Disorderly Conduct,"
as amended.
H. Violations of Chapter 10.33 of this code relative to public intoxication.
I. Violations of Chapter 10.34 of this code relative to panhandling.
J. Any offense provided for in Article 12 of the Illinois Criminal Code of 2012,
entitled"Bodily Harm", 720 Illinois Compiled Statutes 5/12-1 et seq., as amended,
or by Chapter 10.12 of the Elgin Municipal Code, entitled "Assault and Battery",
as amended.
K. Any offense provided for in Article 16 of the Illinois Criminal Code of 2012,
entitled "Theft and Related Offenses", 720 Illinois Compiled Statutes 5/16-1 et
seq., as amended, or by Chapter 10.56 of the Elgin Municipal Code, entitled
"Theft", as amended.
L. Violations of Chapter 10.36 of this code relative to loitering.
M. Violations of 720 Illinois Compiled Statutes Section 5/11-30, entitled "Public
Indecency", as amended, or Chapter 10.39 of the Elgin Municipal Code, entitled
"Public Indecency" as amended.
N. Violations of Chapter 10.45 of this code relative to open containers of alcoholic
beverages.
O. Any offense provided for in Article 21, subdivision 1 of the Illinois Criminal Code
of 2012, entitled "Damage to Property", 720 Illinois Compiled Statutes 5/21-1-
5/21-1.4, inclusive, as amended, or by Chapter 10.48 of the Elgin Municipal Code,
entitled"Destruction of Property" as amended.
P. Violations of Chapter 10.65 of this code relative to vandalism.
PERMIT: To suffer, allow, consent to, acquiesce by failure to prevent, or expressly assent
or agree to the doing of an act.
PERSON: Any natural person, agent, association, firm, partnership, corporation or other
entity capable of owning, occupying, or using property in the City of Elgin.
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PROPERTY: Any real property, including land and that which is affixed, incidental or
appurtenant to land, including but not limited to any premises, room, house, business,
parking area, loading area, landscaping, yard, building or structure, or any separate part or
portion thereof, whether permitted or not.
PUBLIC NUISANCE OFFENDER: Any person that has been found guilty or liable by a
duly-appointed judge or Administrative Hearing Officer for engaging in three (3) or more
instances of any one or any combination of the activities, behaviors, or conduct listed
herein as Nuisance Activities in a Public Nuisance-Free Zone during any twelve(12)month
period. For the purposes of this chapter, any combination of activities, behaviors, or
conduct arising from a distinct factual event shall constitute a single instance of Nuisance
Activity, regardless of the number of qualifying nuisance activities for which a person is
found guilty or liable arising from said distinct factual event.
PUBLIC NUISANCE-FREE ZONES: For the purposes of this chapter, the following
places and areas shall constitute Public Nuisance-Free Zones:
A. The Center City Business District;
B. Any Public Park Property.
PUBLIC PARK PROPERTY: Any public park, recreational or nature trail, fairground,
sporting facility or recreational facility, including the entry ways or exits thereto.
PUBLIC PROPERTY: Any property located in the Center City Business District and
owned by a governmental unit.
RESIDE: To occupy one's principal dwelling, including transient occupancy in a hotel or
motel.
TRAVEL: The movement on foot or within or upon a vehicle within a Public Nuisance-
Free Zone from one point to another without delay other than to obey traffic control
devices.
10.46.020 PUBLIC NUISANCE OFFENDER:
A person found guilty or liable by a duly-appointed judge or Administrative Hearing
Officer for engaging in three (3) or more instances of Nuisance Activities in or upon any
Public Nuisance-Free Zones within any twelve(12)month period is declared to be a Public
Nuisance Offender. Any Public Nuisance Offender is in violation of this chapter and is
subject to the remedies set forth herein.
10.46.030 CIVIL EXCLUSION:
A. A person is subject to exclusion under the process described in this chapter for a
period of ninety(90)days for a first instance where a person has been designated a
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Public Nuisance Offender and subject to exclusion,and for a period of one hundred
eighty (180) days for a second or subsequent instance where a person has been
designated a Public Nuisance Offender from any public right-of-way or Public
Property in the Center City Business District and from any Public Park Property if
that person has been determined to constitute a Public Nuisance Offender by a judge
or Administrative Hearing Officer as defined in this chapter.
B. The exclusion order shall take effect upon the day after the finding and order by the
judge or Administrative Hearing Officer that a person constitutes a Public Nuisance
Offender and the person was given actual notice prior to the exclusion that the city
would impose an exclusion upon a finding of being a Public Nuisance Offender and
notified of the right of appeal and the process for initiating an appeal.
C. A person who has been designated a Public Nuisance Offender and excluded from
a Public Nuisance-Free Zone may not enter a Public Nuisance-Free Zone except to
travel to and from and be present at the events and locations listed below:
1. To attend a scheduled meeting with an attorney;
2. To attend a scheduled meeting with a medical or social service provider;
3. As necessary to comply with court or corrections ordered obligations or
appearances;
4. To contact criminal justice personnel at a criminal justice facility;
5. To attend any administrative or judicial hearing;
6. To travel through the Public Nuisance-Free Zone in a vehicle;
7. To reside in a dwelling or facility;
8. To satisfy,or attempt to satisfy an essential need by accessing a public or private
place that provides an essential need or service when the essential need cannot
reasonably be satisfied by the excluded person without entering the Public
Nuisance-Free Zone;
9. To obtain social services when the excluded person is in need of social services;
the social services are sought for reasons relating to health or well-being of the
excluded person; and the social service agency has written rules and regulations
regarding the use of alcohol and controlled substances by their clients;
10. To obtain education by enrolling as a student at an educational facility, or
attending school at an educational facility;
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11. To work as the owner, principal, agent or employee at a place of lawful
employment;
12. To perform work directly related to lawful employment; or
13. To be present at any place or event as specified by a variance issued by the
Chief of Police or designee pursuant to Section 10.46.060.
10.46.040 VIOLATION OF EXCLUSION-PENALTIES
A. It is unlawful for any person who has been designated a Public Nuisance Offender
to enter or remain in any Public Nuisance-Free Zone in violation of a valid
exclusion imposed pursuant to this chapter. A person violating this section shall be
subject to a fine of not less than one hundred dollars ($100.00).
B. A person that has been designated a Public Nuisance Offender who is found to be
in or upon any Public Nuisance-Free Zones in violation of a valid exclusion issued
pursuant to this chapter shall also be subject to arrest for trespassing pursuant to
Chapter 10.52 and shall be subject to the penalties provided in Chapter 10.52.
10.46.050 PROCEDURES:
A. Whenever it has been determined that a person has been found guilty or liable for
engaging in three (3) or more instances of any one or any combination of the
activities, behaviors, or conduct listed herein as Nuisance Activities in a Public
Nuisance-Free Zone during any twelve (12)month period, the officer making such
a determination shall take the following actions:
1. Notify the person in writing that the person meets the qualifications for being
designated a Public Nuisance Offender. Such notice shall be provided by either
personal service or by certified mail. The notice shall contain the following
information:
a. The Nuisance Activities that provide the basis for the determination that the
person may be designated a Public Nuisance Offender, including the date
and location of the qualifying Nuisance Activities;
b. The date, time, and location of the hearing on whether the person shall be
designated a Public Nuisance Offender;
c. A statement that copies of documents in the city's control which are
intended to be used at the hearing shall be made available, upon request,to
the person;
d. A description of the locations and areas from which the person shall be
excluded if the persons is designated a Public Nuisance Offender, and the
time period for which such exclusion shall apply;
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e. A statement notifying the person of the right of appeal in the event the
person is designated a Public Nuisance Offender and subject to exclusion,
and a general description of the process for initiating an appeal.
2. Take any further steps to schedule the hearing on whether the person should be
designated a Public Nuisance Offender before the judge or Administrative
Hearing Officer.
B. In the event the judge or Administrative Hearing Officer determines after a hearing
that a person constitutes a Public Nuisance Offender as defined in this chapter, the
judge or Administrative Hearing Officer shall order that the person shall be and is
excluded and barred from entering in or upon any public right-of-way or any Public
Property in the Center City Business District and from any Public Park Property,
except as otherwise permitted in this chapter, for a period of ninety (90) days for a
first instance where a person has been designated a Public Nuisance Offender and
subject to exclusion, and for a period of one hundred eighty(180)days for a second
or subsequent instance where a person has been designated a Public Nuisance
Offender and subject to exclusion. The designation of a Public Nuisance Offender
and the exclusion as provided for in this chapter, shall expire upon the expiration
of the applicable period of exclusion of ninety (90) days or one hundred eighty
(180)days. In addition the judge or Administrative Hearing Officer may order such
person to take other reasonable, timely and lawful measures in order to prevent
further Nuisance Activities in Public Nuisance-Free Zones.
C. In an action seeking the designation of a person as a Public Nuisance Offender,the
city shall have the burden of showing by a preponderance of the evidence that the
person has been found guilty or liable in the requisite number of Nuisance Activities
in or upon a Public Nuisance Free Zone during a twelve (12) month period. An
order from a judge or Administrative Hearing Officer finding the person guilty or
liable for any of the offenses that form the basis for the exclusion, as enumerated
in Section 10.46.010, shall be conclusive evidence that the described conduct
occurred, but, absent of a finding of fact by the judge or Administrative Hearing
Officer, is not conclusive evidence that the conduct occurred in a Public Nuisance-
Free Zone.
10.46.060 VARIANCES:
Variances modify an exclusion, and shall be granted, denied, amended or revoked in
accordance with the following provisions:
A. All variances shall be in writing and shall state the purpose for which they are
granted and the period of time during which they are effective. A variance that
does not describe its period of effectiveness is effective for the duration of the
exclusion. A variance allows relief from an exclusion only for travel to and from
specified locations, activities or events, and presence at specified locations,
activities and events within a Public Nuisance-Free Zone.
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B. The police department shall receive and process requests for Public Nuisance-Free
Zone variances during regular business hours,if the police station is otherwise open
to the public.
C. The Chief of Police or the Chiefs designee shall grant a variance to any person who
will use the waiver to visit the residence of a family member, to attend religious
services or to otherwise exercise a constitutional right. A variance granted under
this section allows travel within the Public Nuisance-Free Zone only in accordance
with the terms specified in the variance. The Chief of Police or the Chiefs designee
shall ask a person requesting a variance to provide an updated address through
which the person can be reached for the duration of the variance in the event the
city determines there is a need to amend or revoke the variance. The person shall
keep the variance on his or her person at all times a person is within the Public
Nuisance-Free Zone.
D. A variance may be revoked or amended for the following reasons and in the
following manner:
1. The excluded person provided false information in order to obtain the variance;
2. There is probable cause to believe the person has committed Nuisance Activities
defined in this chapter in the Public Nuisance-Free Zone subsequent to the
issuance of a variance;
3. The circumstances giving rise to the issuance of the variance no longer support
a continuation of the variance or a term thereof; or
4. If the person presents new circumstances that would support amending the
variance.
5. A revocation or amendment of the variance becomes effective at 5:00 p.m. on
the 5th business day following the mailing of the action to the excluded person
at such person's last known address unless the excluded person appeals the
determination by following the procedures in Section 10.46.070.
10.46.070 APPEALS:
A. A person who has been designated a Public Nuisance Offender and who has been
issued an exclusion order shall have the right to appeal such designation and
exclusion order. Appeals from such a finding and order issued by a judge of the
circuit court may be made as provided by law for civil cases. Appeals of such a
finding and order issued by an Administrative Hearing Officer shall be made and
are subject to the provisions of the Illinois Administrative Review Law, as
amended, at 735 ILCS 5/3-101 et seq.
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B. If a person issued an order of exclusion files an appeal as provided in this chapter,
imposition of the exclusion shall be stayed pending a final, enforceable decision
upholding the exclusion.
C. A person who has been issued an exclusion order and has requested a variance
therefrom, may appeal the denial, termination or amendment of such a variance to
a city Administrative Hearing Officer. An appeal of the denial, termination or
amendment of a variance request shall be filed with the Administrative Hearing
Officer in writing by 5:00 p.m. on the 10th business day following the action
regarding the variance. Hearings shall be conducted in accordance with the
procedures in Chapter 1.25 of this Code. At such hearings the city shall have the
burden of proof by showing by a preponderance of the evidence that the denial,
termination or amendment to a variance was in accordance with the provisions of
this chapter. A person shall have a right to further appeal the order of the
Administrative Hearing Officer regarding a variance pursuant to the Illinois
Administrative Review Law, as amended, at 735 ILCS 5/3-101 et seq.
10.46.080 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 judged by a court of
competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, or
otherwise invalidate the remainder of this chapter and the application of such provision to
other persons or circumstances, but shall be confined in its operation to such 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 provision, clause,
sentence,paragraph, section or part thereof not been included."
Section 2. That the provisions of the foregoing chapter 10.46 regarding Public Nuisance-
Free Zones shall without further City Council action automatically expire on December 31, 2018.
It is hereby declared to be the legislative intent of the City Council that the adoption of Chapter
10.46 regarding Public Nuisance-Free Zones is being done on an experimental basis only. The
City Manager is directed to submit a report to the City Council prior to December 31, 2018, and
therein shall advise the City Council as to the city's experience with Public Nuisance-Free Zones
and the efficacy thereof and recommend whether an ordinance providing for the continuation of
Public Nuisance-Free Zones should be adopted.
Section 3. That Chapter 10.39 of the Elgin Municipal Code, 1976, as amended, entitled
"Public Indecency"be and is hereby created to read as follows:
"Chapter 10.39
PUBLIC INDECENCY
10.39.010: DEFINITIONS:
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10.39.020: VIOLATIONS:
10.39.030: PENALTY FOR VIOLATION:
The following terms as used in this chapter shall have the meanings as set forth below:
NUDITY: Uncovered, or less than opaquely covered,post-pubertal human genitals, pubic
areas, the post-pubertal human female breast between a point immediately above the top
of the areola and a point immediately below the bottom of the areola,or the covered human
male genitals in a discernible turgid state. For purposes of this definition, a female breast
is considered uncovered if the nipple only or the nipple and the areola only are covered.
PUBLIC PLACE: Any public street, alley, sidewalk,yard,park, building, structure,plaza,
parking lot or facility, public or utility right-of-way, or other public or private place that is
held open to the general public.
PUBLIC VIEW: Conduct is in "public view" where the conduct may reasonably be
expected to be viewed by others that are in a public place without the use of any extrinsic
or extraordinary devices.
10.39.020: VIOLATIONS:
It is unlawful for any person to commit an act of public indecency. A person commits an
act of public indecency when he or she performs any of the following acts:
A. Appears in a public place or in public view in a state of nudity, or to make any
indecent exposure of his/her person in violation of 720 Illinois Compiled
Statutes 5/11-30, as amended. Notwithstanding the foregoing, the following
acts shall not constitute the offense of public indecency:
1. Breast-feeding of infants in a public place or within public view.
2. Appearing in a state of nudity in a facility designed and utilized for that
purpose, including but not limited to a public or private changing room or
locker room.
B. Urinates or defecates in a public place or within public view, other than in a
restroom facility.
10.39.030: 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).
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C. Third and Subsequent Offense: Any person found guilty of violating any provision
of this chapter for the third time,or any subsequent time,within any one-year period
shall be fined not less than five hundred dollars ($500.00)."
Section 4. That Chapter 10.52 of the Elgin Municipal Code, 1976, as amended, entitled
"Trespass"be and is hereby amended by adding a new subsection 10.52.010.D to read as follows:
"D. Any person that has been designated a Public Nuisance Offender who
unlawfully enters or remains in any Public Nuisance-Free Zone in violation of
a valid exclusion imposed pursuant to Chapter 10.46 of the Elgin Municipal
Code, commits the offense of criminal trespass."
Section 5. That Chapter 10.52 of the Elgin Municipal Code, 1976, as amended, entitled
"Trespass" be and is hereby amended by adding a new subsection 10.52.020, entitled "Penalty",
to read as follows:
"10.52.020: PENALTY
A. Any person found guilty of violation subsections 10.52.010.A, 10.52.010.B, or
10.52.010.0 of this chapter shall, upon conviction, be subject to a fine of not less
than fifty dollars($50.00)and not more than seven hundred fifty dollars($750.00).
B. Any person found guilty of violating subsection 10.52.010.D of this chapter shall,
upon conviction,be subject to a fine of not less than one hundred dollars($100.00)
and not more than one thousand dollars ($1,000.00), or shall be punished by a
sentence of periodic imprisonment for a definite term of up to thirty (30) days, or
by both fine and imprisonment, for each offense. In addition, the judge or
Administrative Hearing Officer shall have the authority to extend any exclusion
period for which the person has been excluded from Public Nuisance-Free Zones
under Chapter 10.46 of the Elgin Municipal Code for an additional period of not
more than one hundred eighty (180) days from the date that the person is found
guilty or liable for the trespass.
C. Each violation of this chapter and every day of a violation shall constitute a separate
offense."
Section 6. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled
"Alcoholic Liquor Dealers" be and is hereby further amended by amending Section 6.06.140
thereof entitled"Offenses By Licensee"by amending subparagraph K thereof to read as follows:
"K.Sell alcoholic liquor to any minor, intoxicated person, habitual drunkard,
incompetent person or any person who has been found guilty or liable of
violating any provision of Chapter 10.33 Public Intoxication or Chapter 10.45
Open Containers of Alcoholic Beverages on three (3) or more occasions within
the previous one(1)year period. The time period for which the sale of alcoholic
liquor is prohibited to any person who has been found guilty or liable of
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violating any provision of Chapter 10.33 Public Intoxication or Chapter 10.45
Open Containers of Alcoholic Beverages on three (3) or more occasions within
the previous one-year period shall be from one year from the date of the last
instance where such person has been found guilty or liable of violating such
ordinances."
Section 7. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled
"Alcoholic Liquor Dealers" be and is hereby further amended by amending Section 6.06.150
thereof entitled "Offenses by Other than Licensee" by amending subparagraph E thereof to read
as follows:
"E.It is unlawful for any minor,intoxicated person,habitual drunkard or any person
who has been found guilty or liable of violating any provision of Chapter 10.33
Public Intoxication or Chapter 10.45 Open Containers of Alcoholic Beverages
on three (3) or more occasions within the previous one-year period to purchase
or possess alcoholic liquor. It is further unlawful for any minor or other person
to misrepresent the age of any minor for the purpose of inducing any Licensee
under this chapter to sell or give such minor any alcoholic liquor in violation of
this chapter. In every place of business in the city where alcoholic is sold for
beverage purposes, there shall be displayed in a prominent place a card or sign
containing a warning to minors to the effect that they will be subject to the
penalties of this chapter if they purchase or misrepresent their age in an attempt
to purchase alcoholic liquor. The time period for which the purchase or
possession of alcoholic liquor is prohibited by any person who has been found
guilty or liable of violating any provision of Chapter 10.33 Public Intoxication
or Chapter 10.45 Open Containers of Alcoholic Beverages on three (3)or more
occasions within the previous one-year period shall be from one year from the
date of the last instance where such person has been found guilty or liable of
violating such ordinances. Violation of this subsection shall be punishable by
a fine not less than one hundred dollars ($100.00) nor more than one thousand
dollars ($1,000.00)."
Section 8. That Chapter 10.35 of the Elgin Municipal Code, 1976, as amended, entitled
"Sitting/Lying on Sidewalks in the Center Business District Prohibited" be and is hereby further
amended to read as follows:
"Chapter 10.35
SITTING/LYING ON SIDEWALKS, OR STORING PERSONAL PROPERTY
ON PUBLIC PROPERTY IN THE CENTER CITY
BUSINESS DISTRICT PROHIBITED
10.35.010: DEFINITIONS:
As used in this chapter, unless the context otherwise requires:
CENTER CITY BUSINESS DISTRICT: 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
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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.
PUBLIC PROPERTY: Any property located in the Center City Business District and
owned by a governmental unit.
SIDEWALK: 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: SITTING/LYING ON SIDEWALKS PROHIBITED:
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: EXCEPTIONS:
The prohibition regarding sitting/lying on sidewalks in the Center City Business District
Section 10.35.020 shall not apply if:
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
D. 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
E. 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
F. 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 if not impeding pedestrians from using the sidewalk or entering a door
or other entrance along the sidewalk; or
G. A child who is in a stroller; or
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H. The sitting or lying on a sidewalk is an integral part of a person then engaging in
constitutionally protected expressive activities which would otherwise be restricted
by the prohibition in Section 10.35.030, if not impeding pedestrians from using the
sidewalk or entering a door or other entrance along the sidewalk.
10.35.040: STORING OF PERSONAL PROPERTY ON PUBLIC PROPERTY
PROHIBITED:
A. No person shall store, accumulate, mass together and maintain personal property
such as supplies, goods, clothing, personal effects upon Public Property within the
Center City Business District.
B. Any person who accumulates, masses together and maintains personal property
such as supplies, goods, clothing, or personal effects upon Public Property in the
Center City Business District shall be required to remove such personal property
from the Public Property within seven(7) days of notice to remove. If the identity
and address of the owner or person in control of the personal property is known to
the city, notice to remove the personal property on Public Property shall be given
to the owner or person in control of the personal property by personal service or by
certified mail. If the identify or address of the owner or person in charge of the
personal property on Public Property is not known to the city,notice to remove the
storage of personal property on Public Property shall be provided by posting a
notice on the personal property. Upon the failure of the owner or the person in
control of the personal property to remove the personal property within seven (7)
days from the date of service of the notice, the city shall lawfully remove the
personal property. The personal property removed from the Public Property by the
city pursuant to this section, shall be disposed of if not claimed by the owner or the
person in charge of such personal property within thirty (30) days of the removal.
Any costs associated with such removal and storage may be charged to, and
assessed to the owner of the personal property.
C. The fact that action or proceedings have been instituted and are pending to enforce
the provisions of this chapter shall not preclude the city's ability to require removal
of personal property and to remove the personal property if not removed as required
herein.
D. Notwithstanding other provisions of this chapter,in the event that personal property
is stored on Public Property within the Center City Business District and the storage
of such property is interfering with pedestrian traffic, vehicular traffic or otherwise
interferes with city operations,the city may lawfully remove such personal property
and store same and may thereafter proceed with the notice procedures as provided
in this chapter.
10.35.050: PENALTY FOR VIOLATION:
A. First Offense: Any person found guilty of violating any provision of this chapter
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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 9. 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 judged
by a court of competent jurisdiction to be unconstitutional or invalid, such 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 legislative intent of the City Council that this ordinance would have been adopted
had such unconstitutional or invalid provision, clause, sentence,paragraph, section or part thereof
had not been included.
Section 10. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed to the extent of any such conflict.
Section 11. That this ordinance shall be in full force . • effect ten days after its passage
and publication in the manner provided by law. ,4 ..
//!%i_
David J. K•ptai Mayor
Presented: December 21, 2016
Passed December 21, 2016
Omnibus Vote: Yeas: 9 Nays: 0 ` .LLG/'
Recorded: December 21, 2016 Cf..''��aas�u�^y� c
Published: December 21, 2016 r+
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Kimberly Dewis, ty Clerk
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