HomeMy WebLinkAbout067-O-22 Amending Portions of Title 9, Chapter 5, “General Offenses” of the City Code7/5/22
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AN ORDINANCE
Amending Portions of Title 9, Chapter 5, "General Offenses" of the City
Code
WHEREAS, the State of Illinois legalized the recreational use of cannabis
in 2020 with the passage of the Illinois Cannabis Regulation and Tax Act, 410 ILCS
705/ et. seq.; and
WHEREAS, the Illinois Cannabis Regulation and Tax Act regulates
consumption of cannabis in public and therefore the regulation on use in the City Code
shall comply with the above -mentioned act, and
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: City Code 9-5-10-1, "Purchase, Possession, or Acceptance
of Gift by Persons Less Than 21 Years of Age; Consumption By Persons Less Than 21
Years of Age" of the Evanston City Code of 2012, as amended, is hereby amended to
read as follows:
9-5-10-1. PURCHASE, POSSESSION, OR ACCEPTANCE OF GIFT BY PERSONS
LESS THAN 21 YEARS OF AGE; CONSUMPTION BY PERSONS LESS
THAN 21 YEARS OF AGE.
Except as otherwise provided below, no person less than twenty-one (21) years of
age shall within the corporate limits of the City:
(A) Purchase Or Possession Of Alcoholic Liquor or Cannabis Products: Purchase,
or attempt to purchase, alcoholic liquor or cannabis products, accept a gift of
alcoholic liquor or cannabis products, or have alcoholic liquor or cannabis
products in his/her possession. A person less than twentv-one (21) vears of
aqe who is cited for attemptinq to purchase alcoholic liquor or cannabis
products may be cited only with an ordinance violation ticket and shall not be
fined more than $50.00 for each such offense.
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(B) Consumption: Consume alcoholic liquor or cannabis products.
(C) Exception: The possession and dispensing, or consumption of alcoholic liquor
or cannabis products by a person less than twenty-one (21) years of age in the
performance of a religious service or ceremony, or under the direct supervision
and approval of the parents or parent of such underage person in the privacy of
a home is not prohibited.
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hereby repealed.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: July 5 2022 Approved:
Adopted: July 25 , 2022 August 1�Q , 2022
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Daniel Biss, Mayor
Attest: Approved as to form:
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Stephanie Mendoza, City Clerk Derke Price, Interim Corporation Counsel
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