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TO: Mayor Richard C. Irvin
FROM: Deborah Lang, Assistant Corporation Counsel
DATE: February 5, 2020
SUBJECT:
An Ordinance Amending Chapter 29 of the Municipal Code, updating cannabis related offenses.
PURPOSE:
To make further amendments to Chapter 29, Article IX - Cannabis and Drug Paraphernalia Violations, adding additional language for edibles and cannabis concentrate.
BACKGROUND:
In December of 2019, City Council passed an amendment to Chapter 29, Article IX, incorporating the changes that occurred after the State passed the Cannabis Regulation and Tax Act of Illinois under Public Act 101-0027.
DISCUSSION:
Chapter 29, Article IX was updated in December to reflect the changes in State law. After further evaluation and comments from the police department, it became necessary to amend the ordinance to reflect that cannabis edibles and cannabis concentrate were left out of certain portions of the ordinance.
IMPACT STATEMENT:
The Chapter 29, Article IX update will bring the City ordinance into line with the state statutes.
RECOMMENDATIONS:
The Law Department requests that the proposed ordinance be adopted.
cc: Rules, Administration and Procedure Committee
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance amending Chapter 29, Article IX - Cannabis and Drug Paraphernalia Violations.
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WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, it is in the best interest for the City of Aurora to amend Chapter 29, Article IX - Cannabis and Drug Paraphernalia violations as it relates to the use and possession of the various types of cannabis to reflect the state statutes.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: That the amendments to Chapter 29, Article IX, are hereby adopted as set forth in said "Exhibit A".
Section Two: That this Ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
Section Three: That all Ordinances or part of Ordinances in conflict herewith are hereby repealed insofar any conflict exists.
Section Four: That any section, phrase or paragraph of this Ordinance that is construed to be invalid, void or unconstitutional shall not affect the remaining sections, phrases or paragraphs of this Ordinance which shall remain in full force and effect.
Section Five: That the City Clerk shall cause this Ordinance to be published in pamphlet form upon its passage