HomeMy WebLinkAbout046-O-22 Amending Portions of Title 9, Chapter 5, Section 2 “Burglar’s Tools” of the City Code06/27/2022
46-0-22
AN ORDINANCE
Amending Portions of Title 9, Chapter 5, Section 2 0°Burglar's Tools" of
the City Code
WHEREAS, Evanston City Code 9-5-2 was last amended in 1957; and
WHEREAS, the Illinois Supreme Court invalidated a Chicago ordinance
that was nearly identical in wording to Evanston City Code 9-5-2; and
WHEREAS, the City Council finds it in the best interest of the City to
amend Evanston City Code 9-5-2 to more closely mirror the Illinois state law; and
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: City Code 9-5-2, "Burglar's Tools" of the Evanston City Code
of 2012, as amended, is hereby amended to read as follows:
9-5-2. BURGLAR'S TOOLS.
It shcill hn iinlay.4-d fer aRy nersen to have in his/her n ssessien aRy RippeFs of the
desnrintien kne,yn as "h„rnlsr's nippers", "PiGkIGGk" "sket n key" to be usedith a bit,
y er ether hm urglar's instrNmonto er +eels of v.fhatseever kind er deserintien unless it
be she n the su h--poc>,-\=ron 4 inneeent er fer a lawful n urnese
A person possesses burglary tools when he possesses any tool, key, instrument,
device, or any explosive suitable for use in breaking into any building, housetrailer,
watercraft, aircraft, vehicle, railroad car, or any depository designed for the safekeeping
of property, or any part thereof, with intent to enter that place and with intent to commit
therein a felony or theft.
A person convicted of the possession of burglary tools shall be fined not less than
$300.00 nor more than $750.00
-1-
Page 1 of 2 Doc ID: e10d52030108f5bd24922cacc6d6580ldc74e22b
46-0-22
SECTION 2: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 3: If any provision of this ordinance or application thereof to
any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity
shall not affect other provisions or applications of this ordinance that can be given effect
without the invalid application or provision, and each invalid provision or invalid
application of this ordinance is severable.
SECTION 4: The findings and recitals contained herein are declared to be
prima facie evidence of the law of the City and shall be received in evidence as
provided by the Illinois Compiled Statutes and the courts of the State of Illinois.
SECTION 5: This ordinance shall be in full force and effect from and after
its passage, approval, and publication in the manner provided by law.
Introduced
Adopted
June 27
July 11
Attest:
Stephanie Mendoza, City Clerk
12022 Approved:
, 2022 July 19 2022
hamd, &jj
Daniel Biss, Mayor
Approved as to form:
d#,,-
Derke Price, Interim Corporation Counsel
—2—
Page 2 of 2
Doc ID: e10d52030108f5bd24922cacc6d65801dc74e22b