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HomeMy WebLinkAboutORDINANCES-1980-014-O-8014-0-80 AN ORDINANCE Prohibiting Posession of Marijuana WHEREAS, the City of Evahston is a home rule unit within the meaning of the Illinois Constitution of 1970; and WHEREAS, the City of Evanston, as a home rule unit, may exercise any reasonable power and perform any reasonable function pertaining to its government and affairs; and WHEREAS, the State of Illinois through its Cannabis Control Act, Illinois Revised Statute, Chapter 56 112, sections 701 through 718, pro- hibits inter alia, the possession of cannabis, including marijuana, and provides penalties therefore, but it is considered desirable and in the best interest of the public health, safety and welfare of the City of j Evanston that there be an ordinance prohibiting the possession of Ten (10) grams or less of cannabis; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF I EVASNTON, COOK COUNTY, ILLINOIS: That title 8 of the City Code of the City of Evanston, 1979, as amended,.is hereby further amended by adding the following, chapter 16: 8-16-1 Definitions: The following words and phrases when used I in this chapter have the following definitions: "CANNABIS" shall mean marijuana, hashish or other substances which are identified as including any parts of the plant Cannabis Sativa, whether growing or not; the seeds thereof,,the resin, including tetrahydrocannabinol (THC) and all other cannabinol derivatives, including its naturally occurring or by extraction, or -independently by means of chemical synthesis; but shall not include 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 preparati,on such mature stalks (except the resin extracted therefrom), fiber, oil or cake,.or the sterilized seed of such plant which is incapable of germination. i • I I • "MINOR" any person less than 17 years of age. 8-16-2 Possession of Cannabis Prohibited: It shall be unlaw- ful for a minor to knowingly possess Cannabis within the limits of the City of Evanston. 8-16-3 Penalties or Disposition: Any mincr who violates Sec. 8-16-2 by possessing Ten (10) grams or less of Cannabis shall be guilty of a misdemeanor and shall be fined not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00) for each violation except that any minor who shall appear at the Evanston Police Department within ten (10) days after the date of written notice of violation accompanied by the legal guardian or parent of said minor shall avoid court appearance for violation of Sec. 8-16-2 by payment of Twenty Five Dollars ($25.00) and surrender of the notice of violation to the City of Evanston. 8-16-4 Annual Report: The Chief of Police shall make an annual report and evaluation to the City Council of the City of Evanston of the disposition of all violations of this ordinance. 8-16-5 Effective Period: This ordinance shall be in full force; and effect for the period of one year from its effective date and then shall) automatically and fully terminate unless the City Courcil prior to said termination date extend the effective period. At least 2 months prior to said automatic termination date the Police Services Committee shall report the date of termination to the City Council. 8-16-7 Repeal: All ordinances or parts of ordinances in con- flict herewith are hereby repealed. 8-16-8 Effective Date: This ordinance stall be in full force and effect from and after its passage, approval and publication in the man- ner provided by law, -2- ``t l II Introduced 1980 Adopted��,� 1980 i s ATTEST: City C1 rk �I Approved as to form ;i i i� i' ,I • I i Approved o Corporation Couns 1980 -3-