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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 ...
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