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TO: Mayor and City Council
FROM: Deborah A. Lang, Assistant Corporation Counsel
DATE: March 12, 2019
SUBJECT:
An Ordinance Amending Chapter 29, Articles VII (Criminal Nuisance Abatement) and VIII (Noise Abatement).
PURPOSE:
The purpose of this Ordinance is to revise dated provisions of Chapter 29, correct time periods and references to Code sections. Additionally, the new amendment provides law enforcement additional tools to address loud and unruly gatherings.
BACKGROUND:
In 2018, City Council requested additional Code amendments to address noise complaints throughout the residential portions of the City. The Police Department also requested amendments to Article VII (Criminal Nuisance Abatement).
DISCUSSION:
The Ordinance amends and re-designates existing Article VII (Criminal Nuisance Abatement) to Chronic Nuisance Abatement. The additional changes to this Article include adding "owner occupied properties" to what was previously limited to only rentals properties. Additional amendments to this Article include new definitions of "Control", "Owner", and "Permit". "Nuisance activities" was condensed to five subsections from 44. While it is condensed, it actually provides for additional violations that the prior version did not allow. Under revisions to Section 29-128, the Law Department assumes responsibility from the Police Department for issuing "nuisance letters" to owners of nuisance properties, though the Police Department will retain significant involvement in developing the eventual abatement strategy. The last update of this Article is the express authority of the corporation counsel to intercede on behalf of landlords, only upon the landlord's request, and initiate and prosecute forcible entry and detainer actions in the identical manner as authorized by Section 9-120 of the Illinois Code of Civil Procedure.
With respect to Article VIII (Noise Abatement), the Ordinance amends its definition section to include a definition for "cost reimbursement", "Loud and unruly gatherings", "Minor", "Owner", "Residential Area", and "Responsible Person". Two additional sections were added (29-205.1 and 29-205.3) added the offense of Loud or Unruly Gathering - Public Nuisance as well as a section for cost reimbursement for loud and unruly gatherings. With those additions, Sec. 29-207 was also updated to add loud and unruly gatherings as well as notice requirements. Finally, under Sec. 29-208, Penalties were updated to address the new loud and unruly gatherings sections and set up a fine structure to address initial and subsequent violations within a 12 month consecutive time period.
IMPACT STATEMENT:
The requested amendments should have a minimal impact on City departments. These amendments will benefit the citizens of Aurora.
RECOMMENDATIONS:
Review the proposed changes to Chapter 29, Articles VII and VIII of the City Code,that were amended at the Special Committee on March 13, 2019. Additionally review and the changes made after the amendments of March 13, 2019 that include the administrative hearing process for loud and unruly gatherings and the amendment from 12 months to 24 months in Sec. 29-208, and if appropriate, forward to the Committee of the Whole and then to City Council.
cc: Special Committee
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Amending Articles VII (Criminal Nuisance Abatement) and VIII (Noise Abatement) of Chapter 29 of the City of 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, in furtherance of its protection of the public health, safety, morals, and welfare, consistent with the exercise of its home rule powers and any other power or authority conferred by Illinois law, the City Council finds it is necessary and desirable to amend various provisions of the City Code prohibiting various forms of nuisance activity, including Articles VII and VIII of Chapter 29 of the City Code.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: That Articles VII and VIII of the City of Aurora Code of Ordinances shall be and hereby is amended as set forth in 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 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.
Section Five: That the several officers, employees, and departments designated by Chapter 29 of the Code to perform duties and functions thereunder are fully authorized and empowered to perform such duties and functions.