ACTION REQUESTED:
Title
Communication from the City Manager and Corporation Counsel with a Request to ADOPT an ORDINANCE Amending CHAPTER 20 of the CODE of the City of Peoria to Add Sec. 20-112 Regarding the POSSESSION OF CANNABIS UNDER 10 GRAMS AND DRUG PARAPHERNALIA and Amending CHAPTER 32 of the CODE of the City of Peoria Amending Sec. 32-3 to ALLOW ADMINISTRATIVE ADJUDICATION OF ALL THE VIOLATIONS OF THE CITY CODE.
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BACKGROUND: On July 29, 2016, Public Act 99-0697 that amended the Cannabis Control Act, 720 ILCS 550/1 et seq., and the Drug Paraphernalia Control Act, 720 ILCS 600/1 et seq. came into effect. PA 99-0697 effectively made the possession of cannabis less than 10 grams and the possession of drug paraphernalia seized relating to an offense of possession of cannabis less than 10 grams, a civil law violation with a fine only penalty.
PA 99-0697 also contained a provision that allowed the local municipality or unit of local government which imposes a fine upon cannabis to continue its own regulations. Thus, the City as a home-rule unit can pass an ordinance regulating as civil offenses, the possession of cannabis under 10 grams and the possession of drug paraphernal; determine the amount of the fine; and set forth the manner and process of enforcement.
The Illinois Municipal Code, 65 ILCS 5/1-2.1-1, et seq., authorizes a home rule municipality to provide by ordinance, a system of administrative adjudication for prosecution of certain ordinance violations permitted by the Illinois Constitution. Chapter 32 of the City Code already provides for the process and procedure for the system of administrative adjudication for prosecution of certain violations of the Code of the City of Peoria. The proposed Ordinance would open the administrative adjudication prosecution process for all violations of the City Code that carries a fine only penalty. The possession of cannabis or drug paraphernalia that is deemed to be a civil law violation should be prose...
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