HomeMy WebLinkAboutORDINANCES-2011-092-O-11• /11
Effective Date: Januaryl1, 2012 10/200/20/11
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AN ORDINANCE
Amending Certain Provisions of Title 8, Chapter 16 of the Evanston
Municipal Code entitled "Marijuana"
WHEREAS, the City of Evanston (the "City") is a home -rule municipality in
accordance with the Constitution of the State of Illinois of 1970; and
WHEREAS, the City has the authority to adopt ordinances and
promulgate rules and regulations that pertain to its government and affairs that protect
the health, safety, and welfare of its citizens; and
WHEREAS, the City is adopting this ordinance pursuant to its police
powers pursuant to Village of Winnetka v. Sinnett, 272 III.App.143, 146-47 (1st Dist.
1933), and Village of Mt. Prospect v. Malouf, 103 III.App.2d 88, 91 (1st Dist. 1968); and
WHEREAS, the City is exercising its police powers concurrently with the
State in that it seeks to penalize the same conduct that the State penalizes; and
WHEREAS, Article VII, Section (6)a of the Illinois Constitution of 1970,
which states that the "powers and functions of home rule units shall be construed
liberally," was written "with the intention that home rule units be given the broadest
powers possible" Scadron v. City of Des Plaines, 153 111.2d 164; and
WHEREAS, the City seeks to exercise its home rule adjudication powers
in accordance with the State home rule adjudication statute, 65 ILCS 5/1-2.1 et seq.;
and
• WHEREAS, previous legislation enacted to control or forbid cannabis use
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has often
unnecessarily and unrealistically drawn a large
segment of our population
•
within the
criminal justice system without succeeding in
deterring the expansion of
cannabis use; and
WHEREAS, the problems created by cannabis use are often local in
scope and best dealt with on a local level; and
WHEREAS, the City Council determines that it is in the best interests of
the health and welfare of the citizens of the City, to establish an enforcement and
penalty system which is responsive to the current state of knowledge concerning
cannabis use and which directs the efforts of law enforcement agencies toward the
prevention of commercial traffickers and large-scale purveyors of cannabis;
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS: 0
SECTION 1: That the foregoing recitals are found as fact and
incorporated herein by reference.
SECTION 2: That Title 8, Chapter 16 of the Evanston City Code of 1979,
as amended, is hereby deleted in its entirety and replaced with the following:
8-16-1: - DEFINITION:
The word cannabis, when used in this Chapter, has the following definition:
CANNABIS: Marijuana, hashish and other substances which are identified as including
any parts of the plant Cannabis Sativa, whether growing or not; the seeds
thereof, the resin extracted from any part of such plant; and any
compound, manufacture, salt, derivative, mixture, or preparation of such
plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all
other cannabinol derivatives, including its naturally occurring or
synthetically produced ingredients, whether produced directly or indirectly •
by extraction, or independently by means of chemical synthesis or by a
combination of extraction and chemical synthesis; but shall not include
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• the mature stalks of such plant, fiber produced from such stalks, oil or
cake made from the seeds of such plant, any other compound,
manufacture, salt, derivative, mixture, or preparation of such mature
stalks (except the resin extracted therefrom), fiber, oil or cake, or the
sterilized seed of such plant which is incapable of germination.
8-16-2: - POSSESSION OF CANNABIS PROHIBITED:
It shall be unlawful for any person to knowingly possess cannabis within the limits of the
City. This Chapter shall not be construed as conflicting with or limiting enforcement of
the Illinois Cannabis Control Act, 720 ILCS 550/, as amended from time to time.
8-16-3: - POSSESSION OF LESS THAN 10 GRAMS; ADMINISTRATIVE
ADJUDICATION; PENALTIES OR DISPOSITION:
(A) Any person who violates this Chapter by possessing not more than ten
grams (10 g) of cannabis shall be issued a notice of violation. The notice of violation
shall direct the individual to appear before the City's Division of Administrative Hearings
for an administrative adjudication hearing.
(B) Any person appearing before the Division of Administrative Hearings and
found to have violated Section 8-16-2 of this Chapter by possessing not more than ten
grams (10 g) of cannabis shall be fined not less than fifty dollars ($50.00) nor more than
five hundred dollars ($500.00) for each violation, and in the discretion of the Hearing
• Officer, may be referred to a suitable drug education, counseling, or rehabilitation
program, or ordered to perform community service.
8-16-4: - POSSESSION OF MORE THAN 10 GRAMS; PENALTIES OR
DISPOSITION:
Persons possessing more than ten grams (10 g) of cannabis and who are cited for
violations of this Chapter will have such citations adjudicated in the Second Municipal
District of the Circuit Court of Cook County. Any person found to have violated Section
8-16-2 of this Chapter by possessing more than ten grams (10 g) of cannabis shall be
fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for
each violation.
8-16-5: - ANNUAL REPORT:
The Chief of Police shall make an annual report and evaluation to the City Council of
the disposition of all violations of this Chapter.
SECTION 3: That this ordinance shall be in full force and effect from and
• after its passage, approval, and publication in the manner provided by law.
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SECTION 4: All ordinances or parts of ordinances in conflict herewith are •
hereby repealed.
SECTION 5: 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 6: The findings and recitals 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.
Introduced-hbtq-► ba 14- , 2011 Approved:
Adopted /tVt jly QX' a g , 2011 . I o' 61 , 2011 •
Attest:
Eliza th B. Tisdahl, Mayor
Approved as to form:
/ ,'
Rod ey Gre e, City Clerk W. Grant Farrar, Corporation Counsel
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