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HomeMy WebLinkAboutOrdinance #1193. ~ • F r ORDINANCE NO. 1193 AN ORDINANCE A!lENDING TITLE 7, CHAPTER 1 OF THE CANTON MiJNICIPAL CODE BY ADDING THBRETO SECTION 3 RELATING TO CONTROLLED SDBSTANCES AND CANNABIS. WHEREAS, the Legal and Ordinance Committee has determined that it is necessary and in the best interest of the City of Canton to amend Title 7, Chapter 1 of the Canton Municipal Code by adding thereto the following Section 3 relating to Controlled Substances and Cannabis; and, WHEREAS, the State of Illinois has determined that all places and the fixtures and movable contents thereof, used for the purpose of unlawfully selling, serving, storing, keeping, giving away or using controlled substances are nuisances; and, WHEREAS, the Legal and Ordinance Committee has made a similar determination, to include alcoholic liquor; and, WHEREAS, the Canton City Council has made similar determinations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois, as follows: 1. That the foregoing recitals are hereby found to be fact. 2. That Title 7, Chapter 1 of the Canton Municipal Code is hereby amended by adding thereto the following Section 3 to read as follows: "CONTROLLED SIIBSTANCES AND CANNABIS 7-1-3.1: DEFINITIONS As used in this Section 3 unless the context otherwise requires: "Controlled Substances" means any substance as defined and included in the Schedules of Article II of the "Illinois Controlled Substance Act"; and, cannabis as defined in the "Cannabis Control Act" enacted by the 77th General Assembly; and, "alcohol", "spirits", "wine", "beer", and "alcoholic liquor" as defined in the Illinois Liquor Control Act of 1934. "Department" means the Canton Police Department, or, any commissioned officer of said Department. "Place" means any store, shop, warehouse, dwelling house, building, apartment or any place whatever located in the City of Canton, or, located anywhere within the jurisdictional limits of the City of Canton as the same relates to the abatement of nuisances. "Nuisance" means any place which is resorted to for the purpose of unlawfully selling, serving, storing, keeping, giving away or using controlled substances. "Person" means any corporation, association, partner, or one or more individual(s). 7-1-3.3: SELLING, ETC., CONTROLLED SUBSTANCES-ABATEMENT All places and the fixtures and movable contents thereof, used for the purpose of unlawfully selling, serving, storing, keeping, giving away or using controlled substances are hereby declared to be nuisances and may be abated as hereinafter provided and the owners, agents, occupants of and any other person using any such place may be enjoined as hereinafter provided. 7-1-3.3: FILING COMPLAINT FOR INJUNCTION-PROCEDURE-LESSEE TO BE PARTY DEFENDANT The City Attorney may file a complaint in the name of the City of Canton, to enjoin all persons from maintaining or permitting such nuisance, to abate the same and to enjoin the use of any such place for the period of one year. Upon the filing of a complaint by the City Attorney in which the complaint states that irreparable injury, loss or damage will result to the City of Canton, the court shall enter a temporary restraining order without notice enjoining the maintenance of such nuisance, upon affidavit or testimony under oath, sufficient, if sustained, to justify the court in entering a preliminary injunction upon a hearing after notice. Every such temporary restraining order entered without notice shall be endorsed with the date and hour of entry of the order, shall be filed of record, and shall expire by its terms within such time after entry, not to exceed 10 days as fixed by the court, unless the temporary restraining order for good cause is extended for a -2- r like period or unless the party against whom the order is directed consents that it may be extended for a longer period. The reason for extension shall be shown in the order. In case a temporary restraining order is entered without notice, the motion for a permanent injunction shall be set down for hearing at the earliest possible time and takes precedence over all matters except older matters of the same character, and when the motion comes on for hearing, the City Attorney shall proceed with the application for a permanent injunction, and, if he does not do so, the court shall dissolve the temporary restraining order. On 2 days written notice to the City Attorney the defendant may appear and move the dissolution or modification of such temporary restraining order and in that event the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require. Upon the filing of the complaint by the City Attorney (in cases in which the City Attorney does not request injunctive relief without notice) in the circuit court, the court, if satisfied that the nuisance complained of exists, shall allow a temporary restraining order, without bond, enjoining the defendant from maintaining any such nuisance within the jurisdiction of the court granting the injunctive relief. However, no such injunctive relief shall be granted unless it be made to appear to the satisfaction of the court that the owner or agent of such place knew or had been personally served with a notice signed by the plaintiff and, that such notice has been served upon such owner or such agent of such place at least 5 days prior thereto, that such place, specifically describing the same, was being so used, naming the date or dates of its being so used, and that such owner or agent had failed to abate such nuisance, or that upon diligent inquiry such owner or agent could not be found within the City of Canton for the service of such preliminary notice. The lessee, if any, of such place shall be made a party defendant to such petition. -3- 7-1-3.4: EVIDENCE-HEARING-DISMISSAL-COSTS The defendant shall be held to answer the allegations of the complaint as in other civil proceedings. At all hearings upon the merits, evidence of the general reputation of such place, of the inmates thereof, and of those resorting thereto, shall be admissible for the purpose of proving the existence of such nuisance. The cause shall be heard immediately upon issue being joined. 7-1-3.5: INTERROGATORIES-REFUSAL TO ANSWER-CONTEMPT The plaintiff at any time before, but not later than 10 days after, the filing of the answer, unless further time be granted by the court, may file interrogatories in writing concerning matters material to the allegations of the complaint or respecting the ownership of the property upon which it is claimed the nuisance is maintained. A full answer to each interrogatory under the oath of the defendant shall be filed with the clerk within 10 days after a copy of the interrogatories has been served upon him. For a failure to so answer interrogatories the court may strike the answer to the complaint from the files and enter an order of default and final judgment, and a rule to answer interrogatories may be entered and the court may punish a defendant for contempt of court for a refusal to obey such rule. No person shall be excused from answering interrogatories under oath on the ground that the answer may tend to incriminate him or subject him to a penalty or forfeiture. The answer shall be evidence against, but not on behalf of, the defendant and it shall not be used against him in any criminal proceeding nor shall he be prosecuted or subjected to a penalty or forfeiture for or on account of any transaction, matter or thing disclosed by him in such answer responsive to the interrogatories. 7-1-3.6: JUDGMENT If the existence of the nuisance is established, the court shall enter a judgment perpetually restraining all persons from maintaining or permitting such nuisance, and from using the place in which the same is maintained for any purpose for a period of one year thereafter, unless such judgment is sooner vacated, as -4- hereinafter provided, and perpetually restraining the defendant from maintaining any such nuisance within the jurisdiction of the court. While the judgment remains in effect, such place shall be in the custody of the court. An order of abatement shall also be entered as a part of such judgment, which order shall direct the Department to remove from such place all fixtures and movable property used in conducting or aiding or abetting such nuisance, and to sell the same in the manner provided by law for the sale of chattels in the enforcement of a judgment for the payment of money, and to close such place against its use for any purpose, and to keep it closed for a period of one year unless sooner released as hereinafter provided. The Department's fees for removing and selling the movable property shall be taxed as a part of the costs, and shall be the same as those for levying upon and selling like property in the enforcement of a judgment for the payment of money. For closing the place and keeping it closed, the court shall allow a reasonable fee to be taxed as part of the costs: Provided, that no injunction shall be entered against an owner, nor shall an order be entered requiring that any place be closed or kept closed, if it appears that such owner and his agent have in good faith endeavored to prevent such nuisance or did not have knowledge of such nuisance except in cases in which the City Attorney states in his complaint that immediate and irreparable injury will result to the City of Canton then a preliminary injunction may be entered. Nothing in this Section contained shall authorize any relief respect- ing any other place than that in which such nuisance exists. 7-1-3.7: PROCEEDS FROM SALE OF PROPERTY-DISPOSITION The proceeds of the sale of the movable property shall be applied in payment of the costs of the proceeding, and the balance, if any, shall be paid to the City Treasurer for deposit in the Police Protection Fund of the City. 7-1-3.8: PROSECUTION FOR VIOLATION OF INJUNCTION OR ABATEMENT ORDER In case of the violation of any injunction or order of abatement issued under the provisions of this Section, the court may summarily try and punish the offender for his contempt of -5- court. The hearing may be had upon affidavits, or either party may demand the production and oral examination of witnesses. 7-1-3.9: RELEASE OF PREMISES If the owner of the place has not been guilty of any contempt of court in the proceedings, and appears and pays all costs, fees, and allowances that are a lien on the place and files a bond in the full value of the property, to be ascertained by the court, with sureties, to be approved by the court conditioned that he will immediately abate any such nuisance that may exist at the place and prevent it from being established or kept therein within a period of one year thereafter, the court may, if satisfied of good faith, order the place to be delivered to the owner and the order of abatement cancelled so far as it may relate to such place. The release of such place under the provisions of this Section does not release it from any judgment, lien, or liability to which it may be subject. 7-1-3.10: FINE AND COSTS TO BE LIEN AGAINST PROPERTY Whenever a fine or costs shall be assessed under the provisions of this Section 3 against the owner of any property herein declared to be a nuisance, such fine or costs shall constitute a lien upon such property to the extent of the interest of such owner, and an order of execution shall issue thereon. 7-1-3.11: LEASES-VOID AT OPTION OF LESSOR If any lessee or occupant shall use leased premises for the purpose of unlawful using, keeping or selling controlled substances or shall permit them to be used for any such purposes, the lease or contract for letting such premises shall, at the option of the lessor, become void, and the owner may have the like remedy to recover possession thereof as against a tenant holding over after the expiration of his term. 7-1-3.12: APPLICATION OF SECTION Nothing contained in this Section 3 shall apply to any unlawful act which results from failing to comply with the provisions prescribed in the "Illinois Controlled Substances Act," enacted by the 77th General Assembly. -6- 7-1-3.13: PENALTY Any individual, firm, association or corporation violating any of the provisions of Section 3 of this Chapter shall, upon conviction, be fined not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00), or, be incarcerated in a penal institution other than a penitentiary for a period of time not to exceed six(6) months, or, both. Each day or portion thereof that a violation is allowed to exist shall constitute a separate offense." 3. If any provisions, clause or phrase of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions of this ordinance are declared to be separable. 4. That this Ordinance shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Fulton County, Illinois, approval by the Mayor thereof, and publication in pamphlet form as provided by law. PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this 3rd day of ~~ 1988, upon a roll call vote as follows: AYES: Aldermen Chapman, May, Bohler, Meade, Sarff, Steck, Zilly, Kovachevich. NAYS: None, ABSENT: None. APPRO ED: ~iz~~,~-~CX~? ~'~ , Do ald E. Edwards, Mayor. ATTEST: ~~ ~~~ f Na c Whi es, City Clerk. -7- • ~ w CITY OF CANTON ORDINANCE N0. 1193 ADOPTED BY THE CITY COUNCIL OF THE CITY OF CANTON THIS 3rd DAY OF May , 19gg Published in pamphlet form by authority of the City Council of the City of Canton, Fulton County, Illinois, this 3rd day of May 19 88 STATE OF ILLINOIS, ) SS. COUNTY OF FULTON. ) I, the undersigned, certify that I am the duly elected and acting City Clerk of the City of Canton, Fulton County, Illinois. I further certify that on May 3rd 19 88 , the Corporate Authorities of the aforesaid municipality passed and approved the aforesaid Ordinance No. 1193 , entitled AN ORDINANCE AMENDING TITLE 7, CHAPTER 1 OF TON MUNICIPAL .___ __ CES which provided by its terms that it should be published in pamphlet form. The pamphlet form of the aforesaid Ordinance No. 1.193 , including the Ordinance and a cover sheet thereof was prepared, and a copy of such Ordinance was posted in the City Building, 210 E. Chestnut Street, Canton, Illinois, commencing on Mai 4 . 19 RR , and continuing for at least ten (10) days thereafter. Copies of -such Ordinance were also available for public inspection upon request in the office of the City Clerk. DATED at Canton, Illinois this 4th day of n7ay , 19~. - Ci y Clerk. ( S E A L)