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TO: Mayor Robert J. O’Connor
FROM: Lt. Mark Weeks #968
DATE: 03-03-17
SUBJECT:
Requesting amendments to Article IX - Cannabis & Drug Paraphernalia Violations redefining fine amounts for possession of cannabis and possession of drug paraphernalia while in possession of small amounts of cannabis.
PURPOSE:
These amendments will keep the City of Aurora in line with current State of Illinois Statute regarding the possession of small amounts of cannabis.
BACKGROUND:
The State of Illinois enacted new laws in 2016 which decriminalized the possession of small amounts of cannabis (less than 10 grams). The possession of drug paraphernalia while possessing small amounts of cannabis (less than 10 grams) was also decriminalized. The City Ordinance related to these matters should be amended to reflect compliance with the State Statute.
DISCUSSION:
There would be little to no impact to current city processes. Citizens cited under the new provisions would receive an ordinance violation citation and could either pay the fine via mail or request a hearing. Those hearings would be held during "red light violation" hearings. This has been discussed with Assistant Finance Director Charles Koch.
IMPACT STATEMENT:
As mentioned above. There would be little to no impact on current operations, systems or processes. No additional staff would be required to address the proposed amendments.
RECOMMENDATIONS:
I request the proposed amendments to Article IX - Cannabis and Drug Paraphernalia Violations, Sec. 29-307. - Penalties.
(A) Any person convicted of a violation of any of the provisions of Section 29-301 shall be fined in an amount not less than two hundred fifty dollars ($250.00) and not more than one thousand five hundred dollars ($1,500.00) for each such violation.
(B) Any person convicted of a violation of Section 29-304, Section 29-305 or Section 29-306 shall be fined in an amount not less than five hundred dollars ($500.00) and not more than one thousand five hundred dollars ($1,500.00) for each such violation.
(C ) If a person violates Sec. 29-301 of this Ordinance, the penalty for possession of any drug paraphernalia seized during the violation for that offense shall be a civil law violation punishable by a minimum fine of not less than one hundred dollars ($100.00) and not more than five hundred dollars ($500.00) for each such violation.
cc: Alderman O’Connor, Chairman
Alderman Mervine
Alderman Bohman
Alderman Mesiacos, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Amending Chapter 29, Article IX entitled "Cannabis & Drug Paraphernalia Violations" of the Aurora Code of Ordinances.
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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 State of Illinois enacted new laws in 2016 decriminalizing the possession of less than 10 grams of cannabis and the possession of drug paraphernalia while in possession of less than 10 grams of cannabis; and
WHEREAS, The current City Ordinance, Chapter 29, Article IX "Cannabis and Drug Paraphernalia Violations," Sec. 29-307 "Penalties" should be amended to reflect compliance with the State Statute.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows: that Chapter 29, Article IX "Cannabis and Drug Paraphernalia Violations," Sec. 29-307 "Penalties" shall be amended to read as follows:
(A) Any person convicted of a violation of Section 29-301 shall be fined in an amount not less than two hundred fifty dollars ($250.00) and not more than one thousand five hundred dollars ($1,500.00) for each such violation.
(B) Any person convicted of a violation of Section 29-304, Section 29-305 or Section 29-306 shall be fined in an amount not less than five hundred dollars ($500.00) and not more than one thousand five hundred dollars ($1,500.00) for each such violation.
(C ) If a person violates Sec. 29-301 of this Ordinance, the penalty for possession of any drug paraphernalia seized for that offense shall be a civil law violation punishable by a minimum fine of not less than one hundred dollars ($100.00) and not more than five hundred dollars ($500.00) for each such violation.