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TO: Mayor Richard C. Irvin
FROM: Deborah Lang, Assistant Corporation Counsel
DATE: September 19, 2018
SUBJECT:
An ordinance Amending Sec. 29-16 of the City of Aurora Code of Ordinances entitled "Disorderly Conduct."
PURPOSE:
The proposed amendment seeks to update this section based on recent court decisions and changes in the law.
BACKGROUND:
Section 29-16 has not been updated since 1969 and does not reflect current changes in the law.
DISCUSSION:
City Council, by approving these revisions, will bring this ordinance in line with current court decisions. The revisions mirror, for the most part, the State criminal statute.
The amendments would include adding "alarm or disturb another and to provoke a breach of the peace" to subsection (a)(1) to bring the language in line with that of the state statute. The original subsection (a)(3) and (a)(4) has been removed and marked "Reserved" as these subsections are more appropriately covered under Mob Action, Sec. 29-17 of the City of Aurora Code of Ordinances.
Subsection (a)(5) has been removed and marked "Reserved" due to rulings in recent case law. Subsections (11) and (12) are added to the ordinance to give additional causes of action. Under subsection (a)(11), officers can write an ordinance ticket for an individual that calls 911 for the purpose of making a false alarm. Additionally, under (a)(12), an officer can write an ordinance ticket for a false call for medical assistance or ambulance when there is no reasonable grounds for belief that the assistance is required.
IMPACT STATEMENT:
This amendment will improve public safety.
RECOMMENDATIONS:
I request the proposed ordinance be enacted.
cc: Government Operations Committee
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Amending Sec. 29-16 of the City of Aurora Code of Ordinances entitled "Disorderly Conduct."
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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, the City of Aurora believes that the current ordinance, as written, is outdated and doesn't reflect current case law changes, and;
WHEREAS, in the interest of reflecting the current law and protecting the residents of the City of Aurora, it is necessary to amend Section 29-16 of the City's Code of Ordinances.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows: That Section 29-16 is hereby amended per attachment A: