[Peace-discuss] Re: Nuisance Ordinance and Racism

Fri Jan 2 20:47:20 CST 2009

>>And Prussing is supposed to be progressive?

She IS progressive.  She gets worse, and worser, and worserer.

Randall Cotton wrote:
> Below is the text of the draft "Criminal Nuisance Property" ordinance.
> Though at least one revision to this initial draft is expected, the text
> below is what resulted from Mayor Prussing's push for this (she asked City
> Attorney Ron O'Neal to work this up for her).
>
> The next discussion of this impending ordinance is expected at the January
> 12th City Council meeting (technically the 12th is a meeting of the COW -
> Committee of the Whole).
>
> Key passages:
>
> "Nuisance property means any property on which the police department has
> two (2) or more official police reports of nuisance activity which has
> occurred within a six-month period." [Even if those reports are actually
> erroneous - REC]
>
> "Nuisance activities mean any of the following activities, behaviors, or
> conduct, as defined by federal or state statutes, as well as municipal
> ordinances:
> (1) Mob action.
> (2) Assault.
> (3) Battery.
> (4) Unlawful use of weapons or firearms.
> (5) Unlawful discharge of a firearm.
> (6) Prostitution.
> (7) Soliciting or patronizing a prostitute.
> (8) Keeping a house of prostitution.
> (9) Pandering.
> (10) Obscenity.
> (11) Sexual assault and sexual abuse.
> (12) Public indecency.
> (13) Unlawful manufacture, sale, distribution, possession, or use of
> controlled substances.
> (14) Unlawful, production, sale, distribution, possession, or use of
> cannabis.
> (15) Illegal gambling.
> (16) Keeping or maintaining a place of illegal gambling.
> (17) Unlawful possession of gambling devices.
> (18) Arson."
>
> "No property shall be declared a criminal nuisance property
> unless it is proven by a preponderance of the evidence there has been
> two (2) or more instances of nuisance activity within a six-month period
> of time." [That is, up to 49.99...% chance that no nuisance activity
> occurred - REC]
>
> "Any person or person in charge who (a) encourages or permits a
> property to become a nuisance property as defined in Subsection A.; (b)
> allows a property to continue as a nuisance property; (c) fails to
> implement reasonable and warranted measures, as specified by the police
> chief, shall be in violation of this section."
>
> "Each day that a violation of this section continues shall be
> considered a separate and distinct offense. The fine for violation of this
> Section shall be no less than $300.00 per incident per day and no more
> than $750.00 per incident per day or the maximum per incident allowed by
> the Code of Ordinances, whichever is greater."
>
> "the City of Urbana may, at its discretion ... Suspend the rental license
> at a criminal nuisance property, if such property is rented or leased. If
> such license is suspended, the owner of the property shall close and
> secure said property..."
>
> So, in summary, the Police Chief is essentially given the power to fine
> landlords hundreds of dollars a day and close their property, kicking out
> all tenants, if the landlord doesn't follow "reasonable and warranted
> measures, as specified by the police chief". And this all comes about
> based on the judgments of the police that there's a "preponderance of the
> evidence" that "nuisance activity" has occurred at the property.
>
> So this appears to bypass the normal due process for criminal accusations
> and "proof beyond a reasonable doubt" in a court of law. It establishes
> very consequential powers to the police (and the police chief in
> particular) which can be wielded even if he thinks there may be up to a
> 49.99...% chance that no nuisance activity occurred.
>
> So we have a combination of immense power to penalize with unscrutinized
> "discretion" of individual police officers to wield said penalization.
> Just as racial profiling exists in the context of traffic stops (because
> of unscrutinized "discretion"), this power will also tend to be abused and
> be disproportionately wielded against minorities and the poor. And even if
> it's fought in court, the police need only convince a judge that the
> "nuisance" activity only *probably* occurred.
>
> And Prussing is supposed to be progressive?
>
> R
>
> AN ORDINANCE AMENDING CHAPTER 15, ARTICLE IV, DIVISION 1
>
> OF THE URBANA CODE OF ORDINANCES
>
> (Criminal Nuisance Property)
>
> WHEREAS, the City of Urbana has a population of more that 25,000 and is,
> therefore, a home rule unit under subsection (a) of Section 6 of Article
> VII of the Illinois Constitution of 1970; and
>
> WHEREAS, subject to said Section, a home rule unit may exercise any power
> and perform any function pertaining to its government and affairs for the
> protection of the public health, safety, morals, and welfare; and
>
> WHEREAS, both the effective control and elimination of criminal nuisance
> activity are essential to the health and welfare of the City of Urbana's
> inhabitants and visitors, as well as essential to the peace and quiet
> enjoyment of the City's neighborhoods; and
>
> WHEREAS, the Illinois Legislature has, for a number of years,
> criminalized, as enumerated in 720 ILCS 5/37-1 et seq., the maintenance of
> nuisance properties, said properties having been used to facilitate
> criminal activity unabated;
>
> Page 1 of 6
>
> WHEREAS, the City of Urbana has an interest in encouraging the prompt and
> effective abatement of criminal nuisance behavior by property owners and
> occupants;
>
> WHEREAS, the City of Urbana wishes create an Ordinance that prohibits the
> facilitation of, or acquiescence to, criminal nuisance activity on any
> property over which the City has jurisdiction;
>
> NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF URBANA,
> ILLINOIS, as follows:
>
> Section One:
>
> Section 15-65, to be titled "Criminal Nuisance Property", is hereby
> created, and Chapter 15, Article IV, Division 1 of the City of Urbana Code
> of Ordinances shall be amended, as follows:
>
> Section 15-65.
>
> A. Definitions
>
> Nuisance activities mean any of the following activities, behaviors, or
> conduct, as defined by federal or state statutes, as well as municipal
> ordinances:
>
> (1) Mob action.
>
> (2) Assault.
>
> (3) Battery.
>
> (4) Unlawful use of weapons or firearms.
>
> (5) Unlawful discharge of a firearm.
>
> (6) Prostitution.
>
> (7) Soliciting or patronizing a prostitute.
>
> (8) Keeping a house of prostitution.
>
> (9) Pandering.
>
> (10) Obscenity.
>
> Page 2 of 6
>
> (11) Sexual assault and sexual abuse.
>
> (12) Public indecency.
>
> (13) Unlawful manufacture, sale, distribution, possession, or use of
> controlled substances.
>
> (14) Unlawful, production, sale, distribution, possession, or use of
> cannabis.
>
> (15) Illegal gambling.
>
> (16) Keeping or maintaining a place of illegal gambling.
>
> (17) Unlawful possession of gambling devices.
>
> (18) Arson.
>
> Nuisance property means any property on which the police department has
> two (2) or more official police reports of nuisance activity which has
> occurred within a six-month period.
>
> Person means any natural person, agent, association, firm, partnership,
> corporation or other entity capable of owning, occupying, or using
> property in the City of Urbana.
>
> Person in charge means any person, in actual or constructive possession of
> a property, including, but not limited to, an owner or occupant of
> property under his ownership or control.
>
> Police chief means the Chief of Police of the City of Urbana or his
> designee.
>
> Property means any property, including land and that which is affixed,
> incidental, or appurtenant to land, including, but not limited to, any
> business or residence, parking area, loading area, landscaping, building
> or structure or any separate part, unit, or portion thereof, or any
> business equipment, whether or not permanent. For property consisting of
> more than one unit, property may be limited to the unit or the portion of
> the property on which any nuisance activity has occurred or is occurring,
> but includes areas of the property used in common by all units of
> property, including, without limitation, other structures erected on the
> property and areas used for parking, loading, recreational activities, and
> landscaping.
>
> B. Violations
>
> (1) Any property on which on which criminal nuisance activity occurs may
> be declared a criminal nuisance
>
> Page 3 of 6
>
> property. No property shall be declared a criminal nuisance property
> unless it is proven by a preponderance of the evidence that there has been
> two (2) or more instances of nuisance activity within a six-month period
> of time.
>
> (2) Any person or person in charge who (a) encourages or permits a
> property to become a nuisance property as defined in Subsection A.; (b)
> allows a property to continue as a nuisance property; (c) fails to
> implement reasonable and warranted measures, as specified by the police
> chief, shall be in violation of this section. In determining whether any
> person or person in charge implemented reasonable and warranted measures,
> the trier of fact shall consider, at least, the following:
>
> (3) Each day that a violation of this section continues shall be
> considered a separate and distinct offense. The fine for violation of this
> Section shall be no less than $300.00 per incident per day and no more
> than $750.00 per incident per day or the maximum per incident allowed by
> the Code of Ordinances, whichever is greater. Such fine shall be a
> judgment against the guilty person(s), owner(s), occupant(s), or person(s)
> in charge jointly and severally. In establishing the amount of any fine,
> the hearing officer may consider any of the following factors:
>
> a. The actions taken by the person in charge/owner/occupant to mitigate or
> correct the nuisance activities at the property.
>
> b. The repeated or continuous nature of the problem.
>
> c. The magnitude or gravity of the problem.
>
> d. How cooperative the person in charge/owner/occupant is with the City of
> Urbana in abating.
>
> e. The cost to the city of investigating, correcting, or attempting to
> correct the nuisance activities.
>
> f. Any other factor deemed relevant by the trier of fact. Evidence of a
> property's general reputation and/or the reputation of the persons in it,
> or frequenting it, shall be admissible.
>
> (4) If a person or person in charge is found guilty of a violation of this
> section, the court shall, in addition to fining the party, order the
> person in charge/owner/occupant to take reasonable, timely, and lawful
> measures to abate the nuisance activity, including specifying deadlines
> for the same.
>
> Page 4 of 6
>
> (5) In addition to the penalties above, the City of Urbana may, at its
> discretion, take the following actions:
>
> (a) Suspend the rental license at a criminal nuisance property, if such
> property is rented or leased. If such license is suspended, the owner of
> the property shall close and secure said property against all unauthorized
> access, use, and occupancy for a period of not less than thirty (30) days,
> or more than 180 days. If the City suspends the rental license of a
> property, the person in charge, or the owner/occupant of the property, if
> those persons are different than the person in charge, shall receive
> written notice from the Community Development Department that his/her
> license to operate rental property within the corporate/jurisdictional
> limits of the City is suspended. The suspension of any license shall not
> release or discharge the license holder from paying fees or fines under
> this Code, nor shall such license holder be released from criminal
> prosecution or further civil proceedings.
>
> Section Two.
>
> This Ordinance, as amended, shall be in full force and effect, and shall
> be controlling, immediately upon its passage and approval.
>
> Section Three.
>
> All ordinances, or parts of ordinances thereof, which are in conflict with
> the provisions of any portion of this Ordinance, as amended, are hereby
> repealed to the extent of any conflict.
>
> Section Four.
>
> A prosecution which is pending on the effective date of this article and
> which arose from a violation of an ordinance repealed by this article, or
> a prosecution which is started within six (6) months after the effective
> date of this article, arising from a violation of an ordinance repealed by
> this article, shall be tried and determined exactly as if the ordinance
> had not been repealed. If any portion of the foregoing amendment to
> Chapter 15 shall be found, by a court of competent jurisdiction, to be
> unlawful or unconstitutional, the remaining parts of this Ordinance will
> remain in full force and effect.
>
> Page 5 of 6 Page 6 of 6
>
> Section Five.
>
> This article applies to all properties within the corporate or
> jurisdictional limits of the City of Urbana.
>
> PASSED by the City Council this ________ day of ____________________,
> ______.
>
> AYES:
>
> NAYS:
>
> ABSTAINS:
>
> ________________________________
>
> Phyllis D. Clark, City Clerk
>
> APPROVED by the Mayor this ________ day of _________________________,
> ______.
>
> ________________________________
>
> Laurel Lunt Prussing, Mayor
>
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>   