cover
TO: Mayor and City Council
FROM: Deborah A. Lang, Assistant Corporation Counsel
DATE: March 12, 2019
SUBJECT:
An Ordinance Amending Chapter 29, Articles I through V.
PURPOSE:
The purpose of this Ordinance is to revise dated provisions of Chapter 29, and add additional violations to provide law enforcement with additional tools.
BACKGROUND:
The Police Department has requested additional amendments to the current Code.
DISCUSSION:
This Ordinance proposes to remove the following sections from the Code as they are covered under other offenses and are duplicative:
Sec. 29-18 - Permitting unlawful assembly
Sec. 29-19 - Disturbing lawful assembly
Sec. 29-26 - Conduct, attire on public buses
The following sections have amendments:
Sec. 29-43 Unlawful Possession and Use of Weapons - This section has updated language in multiple sections in accordance with Illinois case law.
Sec. 29-46 - Possession of ammunition and firearms by underage persons. This section is amended to add in FOID language for a minor, as long as they are in compliance with all applicable federal, state and local laws.
Sec. 29-48 - Vehicular seizure and impoundment - This amendment removes subsection 15 as you can no longer impound for a revoked, cancelled or suspended registration.
Sec. 29-50 - Unlawful storage of ammunition and firearms. This amendment adds additional language of "in violation of State law".
Sec. 29-61 through 29-66 - Prostitution ordinances. Amended language to reflect current case law. Repeal section 29-65, Pandering.
Sec. 29-92 - Criminal damage to property. This section has been amended to simplify the language.
The following sections have been added:
Sec. 29-32 - Obstructing Identification
Sec. 29-52 - Threatening a Public Official
Sec. 29-92.5 - Damage to city supported property
IMPACT STATEMENT:
The impact on the police department to enforce the additional violations are minimal. The impact to the general public would also be minimal as many of these violations are codified under the Illinois Criminal Code of 2012. The removal of outdated and duplicative ordinances will assist the police department in issuing the appropriate citations.
RECOMMENDATIONS:
Review the proposed changes to Chapter 29, Articles I through V of the City Code, 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 I through V of Chapter 29 of the City Code.
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 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 and add various provisions of the City Code, to prohibit certain conduct, including Articles I through V 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 Amendments made in Article I through Article V of Chapter 29 of the City Code 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.