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TO: Mayor Thomas J. Weisner
FROM: Alayne M. Weingartz, Corporation Counsel
DATE: December 4, 2015
SUBJECT:
An Ordinance Amending Chapter 29, Article VII, Entitled "Criminal Nuisance Abatement"
PURPOSE:
To amend the City's "Criminal Nuisance Abatement" Ordinance to conform with changes in State law.
BACKGROUND:
There was apparent concern that victims of domestic violence or persons with disabilities would be in effect punished by municipalities enforcing their criminal nuisance standards in those types of cases, therefore, the legislature enacted some specific changes to address this concern.
DISCUSSION:
In Aurora we have made a point not to punish victims of domestic violence, or persons with disabilities, when we have a criminal nuisance situation. However, in order to be absolutely clear and in conformance with the change in law, we have created a new section covering exclusions that conforms completely to the new State law.
IMPACT STATEMENT:
No impact on criminal nuisance enforcement as this is not a change in policy.
RECOMMENDATIONS:
Place on Government Operations Committee Agenda on December 8, 2015 for consideration and approval.
cc: Alderman Hart-Burns, Chairman
Alderman Bugg
Alderman Franco
Alderman Mervine, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Amending Chapter 29, Article VII, Entitled "Criminal Nuisance Abatement".
body
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 Legislature has amended the Illinois Municipal Code to ensure that victims of domestic violence or sexual violence, and persons with disabilities are not punished via criminal nuisance standards of municipalities, thereby necessitating a change to the City’s Criminal Nuisance Ordinance.)
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: That Chapter 29, Article VII, entitled “Criminal Nuisance Abatement” be amended to add a new Section 29-127.5 entitled “Exclusions” as follows:
Sec. 29-127.5. Exclusions.
Criminal nuisances shall exclude, pursuant to Section 1-2-1.5 of the Illinois Municipal Code, 65 ILCS 5/1-2-1.5:
(a) Contacts made to police or other emergency services:
1. With intent to prevent or respond to domestic violence or sexual violence; or
2. Where intervention or emergency assistance was needed to respond to or prevent domestic violence or sexual violence; or
3. Contacts made by, on behalf of, or otherwise concerning an individual with a disability, for a purpose related to that individual’s disability; or
(b) An incident or incidents of actual or threatened domestic violence or sexual violence against a tenant, household member, or guest occurring within the city; or
(c) Public nuisances (which include criminal activity or a local ordinance violation as defined in 65 ILCS 5/1-2-1.5) occurring in the city that is directly related to domestic violence, engaged in by a tenant, member of a tenant’s household, guest or other party and against a tenant, household member, guest or other party.
(d) Not excluded under the circumstances described above are violations of Section 15.2 of the Emergency Telephone System Act, 50 ILCS 750/15.2, Article 26 (Disorderly Conduct) of the Criminal Code of 2012, 720 ILCS 5/26-1 et seq., and Article IX (Forcible Entry and Detainer) of the Code of Civil Procedure, 735 ILCS 5/9-101 et seq.
Section Two: That this ordinance shall be in full force and effect, and shall be controlling immediately upon its passage and approval.
Section Three: That all ordinances or parts of ordinances thereof in conflict herewith are hereby repealed to the extent of any such conflict.
Section Four: That any Section or provision of this ordinance that is construed to be invalid or void shall not affect the remaining Sections or provisions which shall remain in full force and effect thereafter.
PASSED by the City Council of the City of Aurora, Illinois, on _____________.
AYES ________ NAYS ___________ ABSENT____________
APPROVED AND SIGNED by the Mayor of the City of Aurora, Illinois, on ___________.
_______________________________
Mayor
ATTEST:
_______________________________
City Clerk
City of Aurora
Law Department
44 East Downer Place
Aurora, IL 60507
(630) 256-3060