Aurora, Illinois

File #: 17-00199    Version: 1 Name:
Type: Ordinance Status: Passed
File created: 3/3/2017 In control: City Council
On agenda: 3/28/2017 Final action: 3/28/2017
Title: An Ordinance Amending Chapter 29, Article IX entitled "Cannabis & Drug Paraphernalia Violations" of the Aurora Code of Ordinances.
Attachments: 1. Sec._29_300.___Cannabis_defined_Reviesed.2..pdf
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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 ...

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