Dupage Policy Journal

City of West Chicago Public Affairs Committee met March 27.

Here is the agenda as provided by the Committee:

Call to Order, Roll Call, and Establishment of a Quorum

Approval of Minutes

Α. Public Affairs Committee of February 27, 2017

Public Participation / Presentations

Items for Discussion

Items for Consent

A. Ordinance No. 17-O-0006 - Adding new Article (Article VIII Smoke Free Illinois Act) to Chapter 11, Offenses and Miscellaneous Provisions

B. Ordinance No. 17-O-0007 - Revisions to Tobacco Sales Ordinance

Unfinished Business

New Business

Reports from Staff

A. West Chicago Police Department Monthly Report

Adjournment

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1. Call to Order, Roll Call, and Establishment of a Quorum.

Chairman Chassee called the meeting to order at 7:00pm. Roll Call found Banas, Hallett, Garcia and Ferguson.

Alderman Meissner was not present.

2. Approval of Minutes.

A. Revised Public Affairs Committee Minutes of November 28, 2016. Alderman Hallett made a motion, seconded by Alderman Banas to approve the minutes of the Public Affairs Committee meeting with changes. Voting Aye: Chairman Chassee, Alderman Banas, Hallett, Garcia and Ferguson. Voting Nay: 0. Motion carried.

B. Public Affairs Committee Minutes of January 23, 2017. Alderman Hallett made a motion, seconded by Alderman Banas to approve the minutes of the Public Affairs Committee meeting with no changes. Voting Aye: Chairman Chassee, Alderman Banas, Hallett, Garcia and Ferguson. Voting Nay: 0. Motion carried.

3. Public Participation / Presentations.

4. Items for Discussion.

5. Items for Consent,

A. Ordinance No. 17-O-0008 - Authorizing the Disposal of Surplus Equipment, Stock Inventory and/or Personal Property Owned by the City of West Chicago. Alderman Ferguson made a motion, seconded by Alderman Banas to direct this item to City Council for approval. Voting Aye: Chairman Chassee, Alderman Banas, Hallett, Garcia and Ferguson. Voting Nay: 0. Motion carried.

B. Sara Phalen - Annual City Museum Summary Report

C. Sara Phalen - Annual Gallery 200/200 Main/103 W. Washington Summary Report

D. Request for amendments - fire sprinkler and alarm requirements 2015 International Building Code and 2015 International Fire Code - 1311. Howard

Alderman Banas made a motion, seconded by Alderman Hallett to deny this item for approval. Voting Aye: Chairman Chassee, Alderman Banas, Hallett, Garcia and Ferguson. Voting Nay: 0. Motion carried.

E. St. Mary's Parish - Living Stations of the Cross. Alderman Hallett made a motion, seconded by Alderman Banas to direct this item to City Council for approval. Voting Aye: Chairman Chassee, Alderman Banas, Hallett, Garcia and Ferguson. Voting Nay: 0. Motion carried.

F. St. Andrew Lutheran Church - Stations of the Cross. Alderman Hallett made a motion, seconded by Alderman Banas to direct this item to City Council for approval. Voting Aye: Chairman Chassee, Alderman Banas, Hallett, Garcia and Ferguson. Voting Nay: 0. Motion carried.

G. ABDCycle Club Training Races. Alderman Hallett made a motion, seconded by Alderman Banas to direct this item to City Council for approval. Voting Aye: Chairman Chassee, Alderman Banas, Hallett, Garcia and Ferguson. Voting Nay: 0. Motion carried.

H. ABD Cycle Club Masters Memorial Weekend Races - May 27, 28 & 29, 2017. Alderman Hallett made a motion, seconded by Alderman Banas to direct this item to City Council for approval. Voting Aye: Chairman Chassee, Alderman Banas, Hallett, Garcia and Ferguson. Voting Nay: 0. Motion carried.

I. ABD Cycle Club Fall Fling Races - September 19, 23 & 24, 2017. Alderman Hallett made a motion, seconded by Alderman Banas to direct this item to City Council for approval. Voting Aye: Chairman Chassee, Alderman Banas, Hallett, Garcia and Ferguson. Voting Nay: 0. Motion carried.

6. Unfinished Business.

7. New Business.

A. Chairman Chassee addressed the concern of the presence of coyotes in the area

and asked the Committee to revisit the issue. Chairman Chassee asked to look at other communities that may have programs that have been effective and that we could consider for the future. Commander Shipman agreed to look into this issue.

8. Reports from Staff.

A. West Chicago Monthly Police Report

9. Adjournment. Alderman Banas made a motion to adjourn, seconded by Alderman Ferguson. The motion was approved by voice vote, and the meeting adjourned at approximately 7:25pm.

Respectfully submitted,

Executive Secretary to the Chief of Police West Chicago Police Department

CITY OF WEST CHICAGO

PUBLIC AFFAIRS COMMITTEE AGENDA ITEM SUMMARY

ITEM TITLE: AGENDA No. 5. A. Ordinance No. 17-O-0006 — Adding new Article (Article VIII Smoke Free Illinois Act) to Chapter 11, Offenses and FILE NO.

Miscellaneous Provisions

AGENDA DATE: March 27, 2017

COUNCIL AGENDADATE: April 3, 2017

STAFF REVIEW: Michael Uplegger, Chief of Police SIGNATURE

APPROVED BY CITY ADMINISTRATOR: Michael Guttman

SIGNATURE

ITEM SUMMARY:

Staff is requesting the City adopt the State of Illinois Smoke Free Illinois Act to include e-cigarettes. This will allow us the ability to write City Ordinance tickets for violations of the Ordinance.

ACTIONS PROPOSED:

Staff recommends adoption of Ordinance No. 17-O-0006.

COMMITTEE RECOMMENDATION:

ORDINANCE NO. 17-O-O006

AN ORDINANCE ADDING A NEW ARTICLE TO CHAPTER 11, OFFENSES AND MISCELLANEOUS PROVISIONS, OF THE WEST CHICAGO CODE OF ORDINANCES — ARTICLE VIII SMOKE FREE ILLINOIS ACT

WHEREAS, the City of West Chicago (hereinafter referred to as "City") is a body politic and corporate, organized and existing pursuant to the Illinois Municipal Code, 65 ILCS 5/1-1-1 et seq., and

WHEREAS, the City is authorized and empowered, under the Illinois Municipal Code, 65 ILCS 5/11-20-5 to regulate for the public health; and

WHEREAS, the City is authorized, pursuant to its police power, 65 ILCS 5/11-1-1, to carry out the powers delegated to it under its grants of authority; and

WHEREAS, smoking creates the hazard of injury to the personal health of those in the environment of such smoke as well as the potential damage to property which may result from the combustible nature of such substance; and

WHEREAS, cigarette smoking also produces several substances that are considered hazardous to health including carbon monoxide, hydrogen cyanide, nitrous oxide and formaldehyde; and

WHEREAS, it has been determined that breathing ambient smoke is a health hazard to both smokers and nonsmokers; and

WHEREAS, the City has determined that it is reasonable and necessary to protect the public health, comfort and environment by prohibiting Smoking and the use of e-cigarettes in all enclosed public areas, all places of employment, and in certain unenclosed public areas, to ensure that nonsmokers may breathe air free from the hazardous effects of Secondhand Smoke,

NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of West Chicago, DuPage County, Illinois, as follows:

Section 1: That Chapter 11- OFFENSES AND MISCELLANEOUS PROVISIONS of the Code of Ordinances of the City of West Chicago be amended to add Article VIII - SMOKE FREE ILLINOIS ACT.

Section 2: That the following Sections 11-221 through 11-223, inclusive, of the Code of Ordinances of the City of West Chicago are hereby added as follows:

“Article VIII

Sec. 11-221. - Acknowledgment of Applicability of the Smoke Free Illinois Act

Pursuant to 410 Illinois Compiled Statutes 82/6.5, the City hereby adopts and incorporates by reference into the Code of Ordinances of the City of West Chicago each and every provision of the Smoke Free Illinois Act as contained in 410 Illinois Compiled Statutes 82/1 et seq., as amended from time to time.

Sec. 11-222. - Smoking in public places, places of employment, and governmental buildings and vehicles prohibited.

No person shall smoke or use an e-cigarette in a public place or in any place of employment or within fifteen feet (15') of any entrance to a public place or place of employment. No person may smoke or use an e-cigarette in any Vehicle owned, leased, or operated by the state or City. Smoking or using an e-cigarette is prohibited in indoor public places and workplaces unless specifically exempted by section 35 of the Smoke Free Illinois Act,

Sec. 11-223. - Penalty.

Any person who violates any portion of this article shall be subject to a fine or fines as set forth in the general penalty section of the City Code. Each day that a violation shall continue shall constitute a separate and distinct offense.”

Section 3: That all ordinances and resolutions, or parts thereof, in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed.

Section 4: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law.

PASSED this 3" day of April 2017.

Alderman L. Chassee

Vacant - Ward 2

Alderman L. Grodoski

Alderman S. Dimas

Alderman J.C. Smith, Jr.

Alderman G. Garcia

Alderman J.F. Banas

APPROVED as to form:

Alderman J. Beifuss

Alderman J. Sheahan

Alderman A. Hallett

Alderman M. Ferguson

Alderman K. Meissner

Alderman R. Stout

Alderman N. Ligino-Kubinski

City Attorney

ADOPTED this 3" day of April 2017.

Mayor Ruben Pineda ATTEST:

City Clerk Nancy M. Smith

PUBLISHED:

CITY OF WEST CHICAGO

PUBLIC AFFAIRS COMMITTEE AGENDA ITEM SUMMARY

ITEMTITLE: AGENDANO. 5. 3. Ordinance No. 17-O-0007 - Revisions to Tobacco Sales Ordinance

FILE NO.

AGENDA DATE: March 27, 2017 COUNCIL AGENDA DATE: April 3, 2017

STAFF REVIEW: Michael Uplegger, Chief of Police SIGNATURE

APPROVED BY CITY ADMINISTRATOR: Michael Guttman

SIGNATURE

ITEM SUMMARY: It has been determined that breathing ambient smoke is a health hazard to both Smokers and nonsmokers. Cigarette Smoking also produces several substances that are considered hazardous to health including carbon monoxide, hydrogen cyanide, nitrous oxide and formaldehyde. Secondhand smoke (68 percent of the total Smoke produced by a cigarette) affects the health of the bystander, interfering with respiratory tract defenses, often causing nonsmokers to have allergic or irritative reactions, and is a known cause of lung cancer,

The use of e-cigarettes, as an alternative to smoking traditional cigarettes, has proliferated in recent years. This is almost entirely due to an explosion in teen use of e-cigarettes, hookahs and Vaping. More than 3 million middle and high school aged students were current users of e-cigarettes in 2015, up from an estimated 2.46 million in 2014, Ecigarettes have become the perfect addiction machine enticing a new generation of young people to lifelong nicotine dependence. The battery-powered devices heat a nicotine solution to create a vapor that users inhale. Although often marketed as safe, the United States Food and Drug Administration has issued a caution related to e-cigarettes because the safety and efficacy of e-cigarettes have not been fully researched and studied, and it is not known if the use of e-cigarettes may lead young people to try tobacco products, including conventional cigarettes, which are known to cause disease and lead to premature death.

Upon researching this issue, we found that in addition to the State of Illinois regulating the sale of e-cigarettes or other tobacco-free nicotine products, the following municipalities had also revised or enacted an ordinance to include liquid nicotine products (e-cigarettes):

o City of DeKalb passed an Ordinance stating “It shall be unlawful to sell or give away tobacco (inclusive of devices or products related to Smoking as defined herein, such as e-cigarettes) in any form in the City of DeKalb without first obtaining a license issued by the City of DeKalb for such purpose, provided that no license shall be required for sales at wholesale. No Tobacco License or Retail Tobacco Store license shall be issued to any company or person who is more than thirty days delinquent in the payment of any obligation to the City of DeKalb.'

o City of Evanston passed an ordinance stating “It shall be unlawful for any person to sell or offer for sale, at retail, to give away, deliver or to keep with the intention of selling at retail, giving away or delivering tobacco or liquid nicotine products within the City without having first obtained a license therefor. Said license shall be required regardless of the method of sale or dispensing and shall include Sales and dispensing by self-help,

CITY OF WEST CHICAGO

manual Service, mechanical service or coin-operated device.

o City of Highland Park passed an Ordinance stating "It shall be unlawful to engage in the sale at retail of tobacco

products or e-cigarettes in any form or in any number without having first obtained a license therefor.”

o City of Naperville passed an Ordinance stating “It shall be unlawful to sell or offer for sale at retail in the City any tobacco products and/or alternative nicotine products without having a cigarette and tobacco dealer's license, or in violation of the terms of such license.

o Wood Dale passed an Ordinance stating "No person shall engage in the sale of cigarettes, electronic cigarettes or their components, cigars or tobacco in any form at retail within the corporate limits of the City without having applied for and received a license thereof from the City Clerk.”

O In the State of Illinois it is illegal for anyone under the age of 18 to possess e-cigarettes or other tobacco-free

nicotine products.

Staff is not looking to ban the sale or possession of e-cigarettes; we are requesting e-cigarettes be regulated as tobacco and that individuals wishing to offer for sale e-cigarettes would be required to obtain a Tobacco License as

spelled out in the Ordinance.

Therefore staff would like to revise the City Code regarding tobacco to include e-cigarettes. Their popularity among young people has raised concerns among public health officials. While researchers generally agree that Vaping is less dangerous than smoking, burning tobacco releases multiple carcinogens, and the long-term effects of using ecigarettes are unknown. The FDA says that regulation is needed because nicotine in any form is addictive."

References:

Freedman, A. (Ed). (2016, April 14). More middle and high school students are using e-cigarettes than ever before. Retrieved February 10, 2017.

FDA Warns of Health Risks Posed by E-Cigarettes. (2013, September 17). Retrieved February 10, 2017, from http://www.fda.gov/ForConsumers/ConsumerUpdates/ucm 173401.htm

New Illinois Law imposes Fine for Minors with E-Cigs stlouis.cbslocal.com/2016/02/02new-illinois-fine-forminors-with-e-cigSl

"Vaporizers, E-Cigarettes, and other Electronic Nicotine Delivery Systems

http://WWW.fda.gov/TobaccoProducts/Labeling/ProductsIngredientsComponents/ucIn456610.htm

ACTIONS PROPOSED:

Staff recommends adoption of Ordinance No. 17-O-0007.

COMMITTEE RECOMMENDATION:

ORDINANCE NO. 17-O-0007

AN ORDINANCE AMENDING CHAPTER 9, ARTICLE XXIV TOBACCO SALES, OF THE WEST CHICAGO CODE OF ORDINANCESTO PROHIBIT THE SALE OF ELECTRONIC CIGARETTES TO MINORS AND PROHIBIT THE POSSESSION OF ELECTRONIC CIGARETTES BY MINORS UNDER 18 YEARS OF AGE

WHEREAS, the City of West Chicago (hereinafter referred to as "City”) is a body politic and corporate, organized and existing pursuant to the Illinois Municipal Code, 65 ILCS 5/1-1-1 et seq.; and

WHEREAS, the City is authorized and empowered, under the Illinois Municipal Code, 65 ILCS 5/11-20-5 to regulate for the public health; and

WHEREAS, the City is authorized, pursuant to its police power, 65 ILCS 5/11-1-1, to carry out the powers delegated to it under its grants of authority; and

WHEREAS, the City has determined that it is reasonable and necessary, pursuant to its community caretaking function and in furtherance of public safety, to provide restrictions on the purchase of nicotine products by minors; and

WHEREAS, electronic cigarettes are devices that convert liquid nicotine into a gas that is inhaled by the consumer; and

WHEREAS, the National Institute for Occupational Safety and Health and the Center for Disease Control and Prevention have prepared emergency response information addressing the dangers associated with liquid nicotine. Nicotine affects the nervous system and heart and is addictive. Exposure to relatively small amounts of liquid nicotine can rapidly be fatal; and

WHEREAS, the Federal Drug Administration published an article in July of 2009 warning of the dangers posed by electronic cigarettes, which include nicotine addiction and the appeal to young people due to the different flavors (such as chocolate, strawberry and mint);

WHEREAS, the American Medical Association at its annual meeting held in June of 2010 addressed the risks associated with the use of electronic cigarettes and adopted a policy that recommended that electronic cigarettes be classified as a drug delivery device, subject to the FDA's regulations and approval; and

WHEREAS, historically persons under the age of eighteen (18) years of age have not been considered to have the maturity to make independent decisions relating to their health care and other issues that have long term ramifications,

NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of West Chicago, DuPage County, Illinois, as follows:

Section 1: That Chapter 9, LICENSES, PERMITS AND BUSINESS REGULATIONS, Article XXIV.- TOBACCO SALES of the Code of Ordinances of the City of West Chicago be amended to read as follows:

Chapter 9 LICENSES, PERMITS AND BUSINESS REGULATIONS

“Article XXIV

Sec. 9-685. - Definitions.

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them:

"Electronic Cigarette (E-Cigarette). An electronic device that (1) typically includes a mouthpiece, a heating element or atomizer, a battery, and electronic circuits; (2) provides a gas derived from a liquid that includes nicotine, propylene glycol, or similar substance and perhaps other substances: and (3) is inhaled by a user in a manner that simulates or resembles Smoking. The term E-Cigarette includes all manner of these devices, regardless of the details of a device's

appearance or marketed name, that are manufactured to resemble a cigarette, cigar, pipe, or other

smoking device. The term E-Cigarette includes the cartridges and component parts of an ecigarette.

Tobacco products means any substance containing tobacco leaf including, but not limited to, cigarettes, cigars, pipe tobacco, Snuff, chewing tobacco or dipping tobacco in any quantity,

Vending machine means any mechanical, electric or electronic, self-service device which, upon insertion of money, tokens or any other form of payment, dispenses tobacco products,

(Ord. No. 2276, S 1, 7-2-90)

Sec. 9-686. - License-Required.

It shall be unlawful to sell or offer for sale at retail, to give away, deliver or to keep with the intention of selling at retail, giving away or delivering tobacco products or e-cigarettes. Within the city without having first obtained a tobacco dealer's license therefor pursuant to this article. Such license shall be in addition to any other license required by this Code.

(Ord. No. 2276, S 1, 7-2-90)

Sec. 9-687. - Same-Application.

Application for tobacco sales license should be made to the city clerk on forms provided by the city. Licenses shall run for a one-year period based on the city's fiscal year. A licensee may be prorated for a portion of the year,

(Ord. No. 2276, S 1, 7-2-90)

Sec. 9-688 - Same-Fee.

The annual fee for a tobacco license shall be as prescribed in Appendix G. Said license is not refundable, in part or in full.

(Ord. No. 2276, S 1, 7-2-90; Ord. No. 02-O-0120, S3, 11-4-2002; Ord. No. 03-O-01 10, S8, 1215-2003; Ord. No. 05-O-0060, S1, 8-1-2005; Ord. No. 07-O-0105, S4, 12-7-2007, eff. 1-1- 2008; Ord. No. 11-O-0007, S 32, 5-16-2011)

Sec. 9-689. - Prohibited sales, delivery; signs.

(a) It shall be unlawful for any person, including any licensee, to sell, offer for sale, give away or deliver tobacco products or e-cigarettes to any person under the age of eighteen (18) years.

(b) Signs informing the public of the age restrictions provided for herein shall be posted by every licensee at or near every display of tobacco products and e-cigarettes and on or upon every vending machine which offers tobacco products for sale. Each such sign shall be plainly visible and shall state:

"THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER EIGHTEEN YEARS OF AGE, AND THE SALE OF E-CIGARETTES CARTRIDGES OR ECIGARETTE COMPONENTS TO SUCH PERSONS IS PROHIBITED BY LAW."

The text of such signs shall be in red letters on a white background, said letters to be at least one inch (1") high.

(Ord. No. 2276, S 1, 7-2-90)

Sec. 9-690. - Minimum age to sell tobacco products.

It shall be unlawful for any licensee or any officer, associate, member, representative, agent or employee of such licensee, to engage, employ or permit any person under eighteen (18) years of age to sell tobacco products or e-cigarettes in any licensed premises.

(Ord. No. 2276, S 1, 7-2-90)

Sec. 9-691. - Purchase by minors prohibited.

It shall be unlawful for any person under the age of eighteen (18) years to purchase tobacco products or e-cigarettes or to misrepresent their identity or age, or to use any false or altered identification for the purpose of purchasing tobacco products.

(Ord. No. 2276, S 1, 7-2-90)

Sec. 9-692. - Possession by minors prohibited.

It shall be unlawful for any person under the age of eighteen (18) years to possess or use any tobacco products or e-cigarettes; provided that the possession or use by a person under the age of

eighteen (18) years under the direct supervision of the parent or guardian of such person in the privacy of the parent's or guardian's home shall not be prohibited.

(Ord. No. 2276, S 1, 7-2-90)

Sec. 9-693,. - Proximity to certain institutions.

It shall be unlawful for any person to sell, offer for sale, give away or deliver tobacco products or e-cigarettes within one hundred (100) feet of any school, child care facility or other building used for education or recreational programs for persons under the age of eighteen (18) years.

(Ord. No. 2276, S 1, 7-2-90)

Sec. 9-694. - Certain free distributions prohibited.

It shall be unlawful for any licensee or any person in the business of selling or otherwise distributing, promoting or advertising tobacco products or e-cigarettes, or any employee or agent of any such licensee or person, in the course of such licensee's or person's business, to distribute, give away or deliver tobacco products or e-cigarettes free of charge to any person on any rightof-way, park, playground or other property owned by the city, any school district, any park district or any public library.

(Ord. No. 2276, S 1, 7-2-90)

Sec. 9-695. - Vending machines; locking devices.

(a) It shall be unlawful for any licensee to sell or offer for sale, give away, deliver or to keep with the intention of selling, giving away or delivering tobacco products or e-cigarettes by use of a vending machine, unless such vending machine is equipped with manual, electric or electronic locking device controlled by the licensee so as to prevent its operation by persons under the age of eighteen (18) years.

(b) Any premises where access by persons under the age of eighteen (18) years is prohibited by law, or premises where the public is generally not permitted and where vending machines are strictly for the use of employees of business located at such premises, shall be exempt from the requirements of subsection (a) above.

(Ord. No. 2276, S 1, 7-2-90)

Sec. 9-696. - Responsibility for agents and employees.

Every act or omission of whatsoever nature, constituting a violation of any of the provisions of this article, by any officer, director, manager or other agent or employee of any licensee shall be deemed and held to be the act of such licensee; and such licensee shall be punishable in the same manner as if such actor omission had been done or omitted by the licensee personally,

(Ord. No. 2276, S 1, 7-2-90)

Sec. 9-697. -Suspension; revocation of license; fines, costs.

(a)

(b)

(c)

(d)

(e)

The mayor shall be charged with the administration of this article. The mayor may suspend or revoke any license issued under the provisions of this article, if he determines that the licensee has violated any of the provisions of this article. In lieu of suspension or revocation of a license, the mayor may instead levy a fine on the licensee. The fine imposed shall be per Section 1-8, general penalty, of this Code for each violation. Each day on which a violation continues shall constitute a separate violation. However, no such license shall be suspended or revoked and no licensee shall be fined except in a public hearing by the mayor with a seven (7) day written notice to the licensee affording the licensee an opportunity to appear and defend against the charges contained in such notice. The seven-day notice provisions shall begin the day following delivery by certified mail or by personal service.

The mayor shall, within seven (7) days after such hearing, if he determines after such hearing that the license should be revoked or suspended, or that the licensee should be fined, state the reason for such determination in a written order and either the amount of the fine, the period of suspension or that the license has been revoked and serve a copy of such order within the seven (7) days upon the licensee.

Any licensee determined by the mayor to have violated any of the provisions of this article shall pay to the city the costs of the hearing before the mayor on such violation. The mayor shall determine the costs incurred by the city for the hearing, including, but not limited to: court reporter's fees, the costs of transcripts or records, attorneys' fees, the cost of preparing and mailing notices and orders and all other miscellaneous expenses incurred by the city or such lesser sum as the mayor may allow,

The licensee shall pay said costs to the city within thirty (30) days of notification of the costs by the mayor. Failure to pay the costs within thirty (30) days of notification is a violation of this article and may be cause for license suspension or revocation, or the levy of a fine.

All fines collected pursuant to this section shall be deposited in a police restricted subaccount of the general corporate fund. The mayor is hereby authorized to award, at his sole discretion, a bounty to a licensee or the licensee's agent or employee, who has, in connection with an attempt to purchase or obtain tobacco or e-cigarettes by a person, demanded positive identification and found that person to be misrepresenting his or her age for the purpose of purchasing or obtaining tobacco or e-cigarettes. In order to be eligible for a bounty, the licensee, agent or employee must have confiscated the identification and filed a police report regarding the incident. The bounty shall be no less than fifty dollars ($50,00) and no more than one hundred dollars ($100.00), and shall be payable from the Subaccount established herein,

(Ord. No. 2276, S 1, 7-2-90; Ord. No. 4268, S3, 1-17-2000; Ord. No. 03-O-0085, S5, 10-6- 2003)

Sec. 9-698. - Use of premises after revocation.

When any license shall have been revoked for any cause, no license shall be granted to any person for the period of one (1) year thereafter for the conduct of the business of selling tobacco products or e-cigarettes in the premises described in such revoked license.”

(Ord. No. 2276, S1, 7-2-90; Ord. No. 3052, S 1, 10-7-96)

Section 2. That all ordinances and resolutions, or parts thereof, in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed.

Section 3. That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law.

PASSED this day of 2017.

Alderman L. Chassee Alderman J. Beifuss SS

Vacant - Ward 2 SS Alderman J. Sheahan

Alderman L. Grodoski SS Alderman A. Hallett

Alderman S. Dimas Alderman M. Ferguson

Alderman J.C. Smith, Jr. - Alderman K. Meissner -

Alderman G. Garcia Alderman R. Stout

Alderman J.F. Banas m Alderman N. Ligino-Kubinski

APPROVED as to form:

City Attorney

ADOPTED this day of 2017.

Mayor Ruben Pineda ATTEST:

City Clerk Nancy M. Smith

PUBLISHED:

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The Mission of the West Chicago Police Department is to Protect Life and Liberty, Provide Quality Police Services, and Forge Community Partnerships with Integrity and Professionalism.

There are three (3) divisions in the Police Department: Office of the Chief of Police. Support Services Division, Patrol Division,

The Office of the Chief of Police's primary responsibility is to provide general management direction and control for the Department. The Office of the Chief of Police consists of the Management Analyst, and the Executive Secretary.

The Support Services Division consists of the Investigations Unit, School Resource Officers, Crime Analysis, Evidence/Property, Vehicle and Building Maintenance, Records, and Social Services.

The Patrol Division consists of Uniformed Patrol, Traffic Safety Unit, Community Relations and Community Service Officers.

Certified Passenger Safety Technicians from the West Chicago Police Department were on hand at the Chicago Auto Show on February 11th and 12th. They were at the Rush-Copley Medical Center booth to provide auto show attendees with information about Child Passenger Safety. Thanks to Officer Perry and Community Service Officers Rigler and Garcia (not pictured) for volunteering their time for this important project.

Crimi al Dailago ProCry:

Person(s) unknown damaged a skid steer parked at 30W 185 Hahndorf Road. The glass front door to the piece of equipment had been shattered and two tires on the left side had been cut,

Person(s) unknown forced entry into two buildings on the Harry Kuhn Construction property located at 1266 E. North Avenue. The front doors of the buildings had been forced open and dry Wall and a skylight had been damaged in one of the buildings.

Criminal Danage | Motor Vehicle

Person(s) unknown damaged a car as it drove through the 200 block of Marcella Lane. The

passenger side door had been damaged by a projectile from a BB or pellet gun.

Person(s) unknown damaged the windshield on a car parked in the 800 block of Burr Oaks Drive.

Robbery;

Person(s) unknown took a cellphone from the victim while on the forest trail near Pioneer Park, The victim did not report the offense after it occurred. School personnel had heard the student

talking about the incident and reported it to the School Resource Officer.

Assal III:

An employee of a business in the 700 block of Downs Drive threatened her supervisor with physical violence after being terminated. The offender was located a short time later and issued a local ordinance citation for assault.

||heeft Over SS (10:

Person(s) unknown removed two semi-trailers parked at a business in the 1400 block of Northwest Avenue,

Person(s) unknown removed two bicycles from an open garage in the 600 block of Ingalton Avenue.

Person(s) unknown removed two laptop computers from a business in the 400 block of E. Roosevelt Road. There were no signs of forced entry.

The Ider SSI:

Person(s) unknown removed a wallet from a shopping cart at Walgreens located at 25 N. Neltnor Boulevard. The victim had left the Wallet unattended in the cart and went to another aisle and when she returned the Wallet was missing. The Wallet contained her green card, license and one credit

card.

Person(s) unknown removed a gun from a detached garage in the 2300 block of Elm Road. The owner placed the gun and ammo in the original plastic box in the garage in August of 2016. It was

noted missing on February 24".

Person(s) unknown removed a jacket left unattended on a chair at Starbucks located at 200 W. North Avenue. The owner stated he had $2,200.00 cash in a pocket of the jacket.

Person(s) unknown removed a drill from Menards located at 220 W. North Avenue. The offender hid the drill under his jacket and exited the store without paying for it.

Theft from Vending Machine:

Person(s) unknown removed the money collecting unit from a vending machine at Reed-Keppler Park located at 24 National Street, Entry had been made to the machine by prying the front door to the unit. A second machine had been found on its side with pry marks to the door, but

entry was not made.

Burglary to Motor Vehicle:

Person(s) unknown entered an unsecured truck parked at a loading dock in the 1000 block of Atlantic Drive and removed a variety of tools (impact guns, reciprocating saw and a generator). Loss was estimated at over $4.900.00.

Residential Burglary;

Person(s) unknown entered a house in the 300 block of Barber Street and removed two DVD players. The family dog is also missing but it is believed that the dog left through the back door which had been left open by the offender(s). The homeowner stated the back door was locked,

but she has never locked the front door to the residence.

Person(s) unknown spray painted gang-related graffiti on two trucks parked at a residence in the 500 block of Blakely Street.

Person(s) unknown spray painted gang-related graffiti on a vehicle parked in the alley in the 300 block of E. Blair Street,

Person(s) unknown spray painted gang-related graffiti on a fence in an alley in the 300 block of E. Stimmel Street,

Person(s) unknown spray painted gang-related graffiti on a fence in an alley in the 500 block of Joliet Street.

Person(s) unknown spray painted gang-related graffiti on a fence in the alley in the 100 block of E. Pomeroy Street.

Person(s) unknown used black ink to draw two non-gang related images in the Train Depot tunnel,

Person(s) unknown spray painted gang-related graffiti on a shed located in the 600 block of W. Washington Street.

The of Motor Vehicle:

Person(s) unknown stole a car from the 500 block of E. Pomeroy. The car had been left unlocked with the keys in the ignition and engine running. The vehicle was found by a DuPage County Sheriff's Deputy two days later parked near the intersection of Lester Street and Sunset Avenue in

unincorporated West Chicago.

| helle). Motor Vehicle Paris:

Person(s) unknown removed the front bumper from a truck parked in the lot at Haggerty Ford located at 330 E. Roosevelt Road.

Attempt Burglary,

Person(s) unknown attempted to gain entry to a residence in the 200 block of Heritage Woods

Drive. The door appeared to have been pushed inward, but the deadbolt was still engaged. preventing entry to the residence,

Person(s) unknown attempted to gain entry to a business in the 100 block of E. Roosevelt Road. A glass door at the front of the business was shattered. No one was found inside the business and after a walk-through of the business with the owner, nothing appeared to be out of place or missing,

Officers from the West Chicago Police Department along with the West Chicago Fire Protection District responded to a traffic crash on Fabyan Parkway, south of Roosevelt Road, involving two vehicles. Three victims were transported to a nearby hospital, where one was pronounced deceased. A fourth victim was located inside a vehicle deceased. The West Chicago Police Department is being assisted by the DuPage County Accident Reconstruction Team (DUCART). DUCART does the actual reconstruction of the crash and provides us with the drawing and all technical information in regard to the crash. The investigation remains open.

Fleeing and Elling:

An officer from the West Chicago Police Department initiated a traffic stop on a vehicle in the area of southbound Route 59 and Arbor Avenue for multiple traffic violations. The driver of the vehicle failed to stop and turned onto eastbound Hawthorne Lane and then turned onto northbound Wild Ginger Lane. Upon turning onto Wild Ginger Lane the vehicle increased its speed in an attempt to elude the officer. While attempting to elude the officer, the driver lost control of his vehicle and crashed in the area of the 1000 block of Trillium Trail. The driver of the vehicle had to be extricated after which he air was lifted to Advocate Good Samaritain Hospital in Downers Grove. The DuPage County Accident Reconstruction Team was called out to assist with the investigation of the crash. The incident is still under investigation,

Reports

Activities NOW, Dըt:. Jan. Feb. YTD YʼTD) Total 2I) 1 ( 2016 2O7 2017 2017 21 2I) ||{)

Calls for

Service 74) 775 715 629 1,3-44 1,433 10,073 (911 Calls)

Office" Generated 1,590 1,480 1,741 1,765 3,506 3,496 21, 186

Activity

Traffic 772 640 812 689 1501 616 8,982

Stops

Traffic 250 96 272 208 () 니코 2,383 Citations

Triffiti 552. 499 O7 56 1,168 34 | 5,652 Warnings

Parking 152 226 25 266 | 592 3,655 Citations

Triffic 82 9 | 56 O 11 151 993 Crashes

Incident 278 273 279 31- 593 517 3,475

On DRANI,

On January 12, Officers Kowalik, Bertany, Landbo, Langelan and Winton, Detectives Bowers and Herbert, and Sergeant Zurick responded to the 500 block of Kenwood Avenue for a shots fired complaint. A suspect had fired multiple shots at a vehicle. On January 25th, as part of the investigation, a search warrant was executed for a residence in the area of the shooting. While conducting the search, cocaine and psilocybin mushrooms were located. A follow-up interview was conducted by Detective Herbert where the suspect admitted to selling cocaine at local bars. An arrest warrant was obtained for the suspect for Possession of a Controlled Substance. On February 13th, the suspect surrendered himself at the West Chicago Police Station. The suspect Was processed, assigned a court date and released from custody.

In January a suspect entered the Jewel Food Store located at 177 E. Roosevelt Road, and removed thirty-five cans of Enfamil formula from the store without paying for them. Officer Alaniz was able to develop a suspect based off of a license plate. An arrest warrant for Felony Retail Theft was obtained for the suspect's arrest on February Is". Based on the arrest warrant, a trooper with the Illinois State Police arrested the suspect on February 4, The suspect was transported to the West Chicago Police Station where she was processed. Unable to post the required bond, the suspect was transported to the DuPage County Jail.

On September 8th, Officers Winton, Herbert, Jones and Moos initiated a traffic stop on a vehicle at Joliet and Ann Streets. In speaking with the driver, Officer Winton noted a strong odor of cannabis emanating from the vehicle. A "flake" of cannabis was observed on the driver's seat. The driver admitted cannabis was in the vehicle. A search of the vehicle resulted in 47 grams of cannabis being located. On February 9", an arrest Warrant for the suspect was obtained for the charges of Unlawful Possession of Cannabis, Operating an Uninsured Motor Vehicle and Disobeying a Stop Sign. The suspect has yet to be arrested.

On February 10th, Officers Makofski, Langelan and Diveley were dispatched to 26 Main Street, for a hit and run accident. Witnesses were able to identify the driver who was located in the Cobblestone Road Tavern. While being taken into custody, the driver struggled and repeatedly attempted to pull away. Citizens assisted in detaining the offender, While processing the arrestee, it was determined he had been deported twice and returned to the United States illegally. The suspect was charged with Driving Under the Influence of Alcohol, Resisting Arrest, Striking an Unattended Vehicle, Driving While License Revoked and Illegal Transportation of Alcohol. An Immigration Detainer and a Warrant for Arrest of Alien was also obtained and the suspect was transported to the DuPage County Jail.

On February 14th, Officers Reyes, Gelsomino, Richards, Smurawski, Perry and Berg and Sergeant Cargola responded to the area of North Avenue and Neltnor Boulevard for a domestic related situation. A victim stated she had been struck by her boyfriend before she was able to flee the car. The offender left in the victim's vehicle prior to the officers' arrival. The vehicle was later located unoccupied on a concrete median on Neltnor Blvd, south of North Avenue. The suspect was located after a search of the area. The suspect, who was intoxicated, resisted arrest and fought with officers. The suspect was charged with two counts of Domestic Battery, six counts of Resisting an Officer, and a felony charge of Aggravated Battery to a Peace Officer. The suspect Was then transported to the DuPage County Jail.

On February 22", Officer Winton initiated a traffic stop on a vehicle at the intersection of Augusta Avenue and Bishop Street. The driver of the vehicle provided a false name and was placed under arrest for Obstructing Identification. A records check was initiated using the driver's actual name and it was determined the driver was wanted on three active arrest warrants. Officer Bertany and Detectives Bowers and Herbert arrived on scene to assist. A search of the vehicle located a glass pipe with suspected residue of methamphetamine. The driver consented to a search of his rented room in the 1100 block of Blakely Street. Oak Brook Police K-9 Officer Franczak and his dog, Becks, arrived on scene to assist With the search of the room. The search resulted in the location of five glass pipes with white residue on them, a Social security card, permanent resident card, and five bags with white residue(suspected methamphetamine) on them. The driver was brought to the West Chicago Police Station where he was charged with Driving While Driver's License Revoked, Operation of an Uninsured Motor Vehicle, Obstructing Identification and Possession of Drug Paraphernalia. The offender was processed and then transported to the DuPage County Jail on the authority of an Immigration Customs and Enforcement Detainer and three active DuPage County Failure to

Appear Arrest Warrants,

On February 24, Officers Nielsen, Landbo, Stewart, O'Neil, Flanigan, and Langelan, Sergeants Shackelford and Gatzambide, Detective Bowers and CSO Eichinger were notified of a hit and run crash that had occurred in the area of Washington Street near Easton Avenue. The offending vehicle and driver were located in a driveway in the 700 block of Main Street. The driver was charged with Felony Driving Under the Influence of Alcohol, Driving with a Revoked License, Failure to Yield from a Private Drive and Leaving the Scene of an Accident. The driver who was also wanted on the authority of two active arrest Warrants was subsequently transported to the DuPage County Jail.

Officers noted a number of complaints and problems occurring at the Train Depot. These issues ranged from loitering, open alcohol, damage to property, fighting and other acts. Officers started a proactive approach in identifying the offenders, serving them with trespass letters and following up with repeated checks of the depot to gain compliance. These checks resulted in the following arrests for the month of February:

Criminal Trespass to Property - One arrested on February 7",

Criminal Trespass to Property - Five arrested on February 9".

Public Intoxication - One arrested on February 9th.

Criminal Tresspass to Property - One arrested on February 16".

Criminal Trespass to Property and Railroad Intoxicating Liquors Act - One arrested on February 19th,

Criminal Trespass to Property - One arrested on February 22".