cover
TO: The Mayor and City Council
FROM: Richard J. Veenstra
Corporation Counsel
DATE: April 7, 2020
SUBJECT:
Enforcement of orders related to the control of infectious diseases.
PURPOSE:
To provide the City with a mechanism to enforce orders issued by public health authorities or the Governor related to the control of infectious diseases.
BACKGROUND:
Beginning in March 2020, the Governor of Illinois issued a series of executive orders related to the outbreak of Novel Coronavirus 2019 (COVID-19). These orders, among other things, significantly limited the activities individuals, organizations, and businesses could engage in during the outbreak. While the orders did not set forth any specific mechanism for their enforcement, the clear expectation is that municipalities are to take action to enforce the orders within their community.
DISCUSSION:
In his remarks announcing his executive order, Governor Pritzker suggested that voluntary compliance should be the primary means of enforcing the order. He also suggested that the Class A misdemeanor charge of Reckless Conduct, an offense punishable by up to one year in the county jail and a fine of up to $2,500, was also available in the event voluntary compliance could not be obtained. He also suggested that injunctive relief may also be an option.
Given the statutory elements needed to prove the offense of Reckless Conduct, the severity of its sanctions, as well as the limited access to the judicial system to secure an injunction, staff believed that an additional approach was needed.
This proposal amends the City's existing prohibitions against Disorderly Conduct to include disobedience of a lawful order issued by the Governor or public health official. Disorderly Conduct is a Misdemeanor I offense under our City Code and is punishable by a fine of at least $50, but not more than $500. In essence, it provides an additional option when voluntary compliance will not be available, but the conduct does not rise to the level of a violation of the state's criminal laws.
IMPACT STATEMENT:
Passage of this ordinance will afford the City with an additional method of enforcing orders issued by public health authorities related to the control of infectious diseases.
RECOMMENDATIONS:
That the Council amend the City's Disorderly Conduct Ordinance as described herein.
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance amending Section 26-19 of the City Code of the City of Aurora pertaining to Disorderly Conduct.
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, in the furtherance of the public health, safety, and welfare, various public authorities, may, in the manner set forth by law, adopt emergency measures to arrest the progress of any contagious or infectious disease; and
WHEREAS, adherence to such lawful emergency measures within the City furthers the protection of the public, health, safety, and welfare of its residents; and
WHEREAS, adherence is best accomplished through voluntary compliance, from time-to-time, it may be necessary for the City to enforce said lawful emergency measures under its own ordinances;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows: that Section 26-19 of the City Code of the City of Aurora shall be and hereby is amended as set forth in Exhibit A; and further
BE IT ORDAINED, this Ordinance shall take effect immediately upon its passage due to the immediate urgency of implementing the Governor’s Emergency Orders issued in response to the COVID-19 public health emergency; and further
BE IT ORDAINED, that the Clerk shall cause this ordinance to be printed or published in book or pamphlet form as set forth in Section 1-2-4 of the Illinois Municipal Code.