HomeMy WebLinkAbout013-O-23 Amending Portions of Title 9, Chapter 5, “General Offenses” of the City Code11/28/2022
12/14/2022
1/23/2023
2/13/2023
13-O-23
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.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: City Code 9-5-10, “Alcoholic Beverages and Cannabis;
Consumption/Possession Public Property” of the Evanston City Code of 2012, as
amended, is hereby amended to read as follows:
9-5-10. ALCOHOLIC BEVERAGES AND CANNABIS;
CONSUMPTION/POSSESSION/CONSUMPTION IN MOTOR VEHICLES OR
PUBLIC PROPERTY.
Except as otherwise provided below, no person shall within the corporate limits of
the City.
(A) Transport: Transport any alcoholic beverage or cannabis products within the
passenger area of any motor vehicle except in the original container and with the
seal unbroken. Possession and consumption of alcoholic liquor.
(1) Possession of alcoholic liquor in a motor vehicle
(a) Except as provided in 9-5-10(A)(1)(c) of this Code, 625 ILCS 5/11-
501 and Sections 6-6.5 and 6-33 of the Liquor Control Act of 1934,
no driver may transport, carry, possess or have any alcoholic liquor
within the passenger area of any motor vehicle upon any public
~1~
Page 1 of 5 Doc ID: 702260a87d5e4922e7061eedc9b59e1c57950d2a
13-O-23
~2~
roadway except in the original container and with the seal
unbroken.
(b) Except as provided in in 9-5-10(A)(1)(c) of this Code and Sections
6-6.5 and 6-33 of the Liquor Control Act of 1934, no passenger
may carry, possess or have any alcoholic liquor within any
passenger area of any motor vehicle upon a public roadway except
in the original container and with the seal unbroken.
(c) This Section shall not apply to the passengers in a limousine when
it is being used for purposes for which a limousine is ordinarily
used, the passengers on a chartered bus when it is being used for
purposes for which chartered buses are ordinarily used or on a
motor home or mini motor home. However, the driver of any such
vehicle is prohibited from consuming or having any alcoholic liquor
in or about the driver's area. Any evidence of alcoholic consumption
by the driver shall be prima facie evidence of such driver's failure to
obey this Section.
(2) Consumption and possession of alcoholic liquor on public property
a. Except as provided in in 9-5-10(A)(2)(c) of this Code and Sections
6-6.5 and 6-33 of the Liquor Control Act of 1934, no person shall
consume alcoholic beverages in public buildings, parks, beaches,
highways, streets, alleys, sidewalks, parkways, and public parking
lots. Notwithstanding any of the foregoing, service of alcoholic
beverages at a sidewalk cafe authorized for such service pursuant
to Subsection 7-2-6(D) of this Code and possession and
consumption of alcoholic beverages by patrons at such cafes shall
be permitted.
b. Except as provided in in 9-5-10(A)(2)(c) of this Code and Sections
6-6.5 and 6-33 of the Liquor Control Act of 1934, no person shall
have on his/her person or in or about personal property open
containers of alcoholic beverages in public buildings, parks,
beaches, highways, streets, alleys, sidewalks, parkways, and public
parking lots.
c. Except for patrons of the Canal Shores Golf Course or individuals
attending a special event on the golf course, persons cannot
consume or have on his/her person or in or about personal property
containers of alcoholic beverages on the Canal Shores Community
Golf Course. This Section shall not be construed to prohibit the
consumption or possession of alcoholic beverages within an area
bounded by the north wall and the east wall of the American Legion
building at 1030 Central Street and by the intersection of a line one
hundred (100) feet west of the American Legion building and a line
one hundred (100) feet south of said building, provided that
appropriate State and City liquor licenses are in effect for the
American Legion building premises.
Page 2 of 5 Doc ID: 702260a87d5e4922e7061eedc9b59e1c57950d2a
13-O-23
~3~
d. This Section shall not be construed to prohibit the possession or
consumption of alcoholic beverages within public buildings, on
streets, alleys, sidewalks, parkways and public parking lots in
conjunction with an authorized event where such event and use of
said alcoholic beverages has been disclosed in writing to and
authorized by the City Manager or his/her designee.
(3) Violation: Any person found violating any of the provisions of this Section
shall be fined not less than five hundred dollars ($500.00), nor more than
seven hundred and fifty dollars ($750.00) for each offense. It shall not be
a defense to any citation written for any violation of any provision of this
Section that the containers of alcoholic beverages were empty at the time
the citation was issued.
(B) Consumption In Vehicles: Consume or have on his/her person open containers
of alcoholic beverages or cannabis products in or on any part of any motor vehicle.
Possession and consumption of adult use cannabis.
(1) Possession of adult use cannabis in a motor vehicle
a. No driver may possess cannabis within any area of any motor
vehicle upon a public roadway except in a secured, sealed or
resealable, odor-proof, child-resistant cannabis container that is
inaccessible.
b. No passenger may possess cannabis within any passenger area of
any motor vehicle upon a public roadway in a secured, sealed or
resealable, odor-proof, child-resistant cannabis container that is
inaccessible.
(2) Consumption of adult use cannabis on in motor vehicles and public
property
a. Except as provided in 625 ILCS 5/11-501, no driver may use
cannabis within the passenger area of any motor vehicle upon a
public roadway.
b. No person may use cannabis in public buildings, parks, beaches,
highways, streets, alleys, sidewalks, parkways, and public parking
lots.
(3) Violation: Any person found violating any of the provisions of this Section
shall be fined not less than five hundred dollars ($500.00), nor more than
seven hundred and fifty dollars ($750.00) for each offense.
(C) Consumption In Public:
1. Consume or have on his/her person or in or about personal property open
containers of alcoholic beverages or cannabis products in public buildings,
parks, beaches, highways, streets, alleys, sidewalks, parkways, and public
parking lots. Notwithstanding any of the foregoing, service of alcoholic
Page 3 of 5 Doc ID: 702260a87d5e4922e7061eedc9b59e1c57950d2a
13-O-23
~4~
beverages at a sidewalk cafe authorized for such service pursuant to
Subsection 7-2-6(D) of this Code and possession and consumption of
alcoholic beverages by patrons at such cafes shall be permitted.
2. Have on his/her person or in or about personal property containers of
alcoholic beverages or cannabis products in public buildings, parks, or
beaches.
3. Except for patrons of the Canal Shores Golf Course or individuals
attending a special event on the golf course, persons cannot consume or
have on his/her person or in or about personal property containers of
alcoholic beverages on the Canal Shores Community Golf Course. This
Section shall not be construed to prohibit the consumption or possession
of alcoholic beverages within an area bounded by the north wall and the
east wall of the American Legion building at 1030 Central Street and by
the intersection of a line one hundred (100) feet west of the American
Legion building and a line one hundred (100) feet south of said building,
provided that appropriate State and City liquor licenses are in effect for the
American Legion building premises.
(D) Violation: Any person found violating any of the provisions of this Section shall
be fined not less than five hundred dollars ($500.00), nor more than seven
hundred and fifty dollars ($750.00) for each offense. It shall not be a defense to
any citation written for any violation of any provision of this Section that the
containers of alcoholic beverages were empty at the time the citation was
issued.
This Section shall not be construed to prohibit the possession or consumption of
alcoholic beverages within public buildings, on streets, alleys, sidewalks, parkways and
public parking lots in conjunction with an authorized event where such event and use of
said alcoholic beverages has been disclosed in writing to and authorized by the City
Manager or his/her designee.
This Chapter shall not be construed as conflicting with or limiting enforcement of
the Illinois Cannabis Control Act, 720 ILCS 550/, the Compassionate Use of Medical
Cannabis Program Act, 410 ILCS 130/1, or the Illinois Cannabis Regulation and Tax Act
410 ILCS 705/, as amended from time to time.
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
Page 4 of 5 Doc ID: 702260a87d5e4922e7061eedc9b59e1c57950d2a
13-O-23
~5~
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: _________________, 2022
Adopted: ___________________, 2023
Approved:
__________________________, 2023
_______________________________
Daniel Biss, Mayor
Attest:
_______________________________
Stephanie Mendoza, City Clerk
Approved as to form:
______________________________
Nicholas E. Cummings, Corporation Counsel
November 28
February 13
Page 5 of 5 Doc ID: 702260a87d5e4922e7061eedc9b59e1c57950d2a
February 14