HomeMy WebLinkAboutORDINANCES-2020-054-O-204/20/2020
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AN ORDINANCE
Amending City Code Title to 8, Chapter 1, Section 3-1, "Powers and
Duties," to Include "Pandemics" and a "Penalty" Section
WHEREAS, the City of Evanston is a home -rule municipality pursuant to
Article VII of the Illinois Constitution of 1970; and
WHEREAS, as a home rule unit of government, the City has the authority
to adopt ordinances and to promulgate rules and regulations that protect the public
health, safety, and welfare of its residents,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: The foregoing recitals are hereby found as fact and
incorporated herein by reference.
SECTION 2: Title 8, Chapter 1, Section 3-1(C), "Epidemics," of the
Evanston City Code of 2012, as amended, is hereby amended to read as follows:
8-1-3-1. - POWERS AND DUTIES.
(C) Diseases: Epidemics and Pandemics. In the case of aFi epidemiG disease any
disease outbreak inclusive of anv epidemic disease or anv disease event
categorized as a pandemic disease or of danger from an anticipated or
impending epidemic or pandemic disease, or in case the sanitary conditions of
the City should be of such character as to warrant, it shall be the duty of the
Public Health Director or the City Manager or his/her designee to take such
measures and to do, order and cause to be done such acts for the preservation
of the public health as he/she may in good faith declare the public safety and
health demands, except as may be herein, elsewhere or otherwise specially
authorized.
SECTION 3: Title 8, Chapter 1, Section 3-1, "Powers and Duties," of the
Evanston City Code of 2012, as amended, is hereby amended to add subsection (F)
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and to read as follows:
8-1-3-1(F). - PENALTY.
(A) Any person who violates the provisions of this Chapter, or any regulations
promulgated hereunder, or any orders authorized under this Chapter or under
applicable law shall be subject to fines of not less than 100 dollars ($100.00)
and up to two hundred and fifty dollars ($250.00) per offense, and each day this
Code is violated shall constitute a separate offense.
(B) In addition to any other remedies permitted under this Chapter, the Corporation
Counsel may fife a complaint in the Circuit Court of Cook County to enjoin any
person from violating the provisions of this Chapter, or any regulations
promulgated hereunder or any department orders provided for under this
Chapter.
SECTION 4: The findings and recitals contained herein are declared to be
prima facie evidence of the law of the City and must be received in evidence as
provided by the Illinois Compiled Statutes and the courts of the State of Illinois.
SECTION 5: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 6: This ordinance must be in full force and effect after its
passage, approval, and publication in the manner provided by law.
SECTION 7: If any provision of this ordinance'or application thereof to any
person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity
must 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.
Introduced: April 27, 2020 , 2020 Approved:
Adopted: April 27, 2020 , 2020
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April 30 .2020
Attest:
�dreu.rolo Gomez
Nt:VVIi R
Eduardo Gomez., Deputy City Clerk
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Jv'""�y
Stephen H. Hagerty, Mayor
Approved as to form:
Kelley A. Gandurski, Corporation Counsel
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