HomeMy WebLinkAboutOrd 6263 08/16/2016 Amending Chapter 23 regarding crime free housingORDINANCE NO. 6263
AN ORDINANCE AMENDING CHAPTER 23 OF THE VILLAGE CODE
OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS,
REGARDING CRIME FREE HOUSING
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, PURSUANT TO ITS
HOME RULE POWERS:
SECTION 1: Section 23.1802, "Definitions," of Article XVIII, "Residential Landlord and
Tenant Regulations," of Chapter 23, "Offenses and Miscellaneous Regulations," of the Village
Code, shall be amended as follows:
"PUBLIC NUISANCE: The following criminal offenses are hereby declared to be public
nuisances and may be considered in determining whether or not a chronic public nuisance
property exists:
A. Any offense defined and prohibited by article 9 (homicide) of the criminal code of
1961, 720 Illinois Compiled Statutes 5/9-1 et seq.
B. Any offense defined and prohibited by article 10 (kidnapping and related offenses) of
the criminal code of 1961, 720 Illinois Compiled Statutes 5/10-1 et seq.
C. Any offenses defined and prohibited by section 11-14 (prostitution), section 11-15
(soliciting for a prostitute), section 11-16 (pandering), section 11-17 (keeping a place of
prostitution), section 11-20 (obscenity), section 11-20.1 (child pornography), or section
11-21 (harmful material to minors) of the criminal code of 1961, 720 Illinois Compiled
Statutes 5/11-14, 5/11-15, 5/11-16, 5/11-17, 5/11-20, 5/11-20.1, and 5/11-21.
D. Any offense defined and prohibited by article 12 (bodily harm) of the criminal code of
1961, 720 Illinois Compiled Statutes 5/12 et seq.
E. Any offense defined and prohibited by article 16 (theft) of the criminal code of 1961,
720 Illinois Compiled Statutes 5/16-1 et seq.
F. Any offense defined and prohibited by article 20-2 (possession of explosives or
incendiary devices) of the criminal code of 1961, 720 Illinois Compiled Statutes 5/20-2 et
seq.
G. Any offense defined and prohibited by article 24 (deadly weapons) of the criminal
code of 1961, 720 Illinois Compiled Statutes 5/24-1 et seq.
H. Any offenses defined and prohibited by article 25 (mob action) of the criminal code of
1961, 720 Illinois Compiled Statutes 5/25-1 et seq.
I. Any offense defined and prohibited by section 26-2 (disorderly conduct) of the criminal
code of 1961, 720 Illinois Compiled Statutes 5/26-1 et seq.
J. Any offense defined and prohibited by article 28 (gambling) of the criminal code of
1961, 720 Illinois Compiled Statutes 5/28-1 et seq.
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K. Any offense defined and prohibited by article 31 (interference with public officers) of
the criminal code of 1961, 720 Illinois Compiled Statutes 5/3 1 -1 et seq.
L. Any offense defined and prohibited by section 6-16 (prohibited sales and possession)
or section 6-20 (purchase or acceptance of gift of liquor by persons under age 21) of the
liquor control act of 1934, 235 Illinois Compiled Statutes 5/6-16 and 5/6-20.
M. Any offense defined and prohibited by the Illinois controlled substances act, 720
Illinois Compiled Statutes 570/100 et seq.
N. Any offense defined and prohibited by the cannabis control act, 720 Illinois Compiled
Statutes 550/1 et seq.
O. Any offense that constitutes a felony under the criminal code of 1961, 720 Illinois
Compiled Statutes 5/1-1 et seq., including, but not limited to, those set forth above.
P. Any inchoate offense defined and prohibited by article 8 (inchoate offenses) of the
criminal code of 1961, 720 Illinois Compiled Statutes 5/8-1 et seq., which is relative to
the commission of any of the aforesaid principal offenses.
Q. Any offense defined and prohibited by articles I through VIII of this chapter.
R. Public nuisances exclude, pursuant to Section 1-2-1.5 of the Illinois Municipal
Code, 65 ILCS 5/1-2-1.5:
1) Contact made to the police or seeking other emergency services, if (i) the
contact was made with the intent to prevent or respond to domestic violence or
sexual violence; (ii) the intervention or emergency assistance was needed to
respond to or prevent domestic violence or sexual violence; or (iii) the contact
was made by, on behalf of, or otherwise concerns an individual with a disability
and the purpose of the contact was related to that individual's disability; or
2) An incident or incidents of actual or threatened domestic violence or sexual
violence against the tenant, household member, or guest occurring in the rental
unit or on the premise; or
3) Criminal activity or a local ordinance violation occurring in the rental unit or
on the premises that is directly relating to domestic violence or sexual violence,
engaged in by a tenant, member of a tenant's household, guest, or other part
against a tenant, household member, guest or other party.
Not excluded under the circumstances described above are violations of Section 15.2 of
the Emergency Telephone System Act, 50 ILCS 750/15.2, Article 26 (Disorderly
Conduct) of the Criminal Code of 2012, 720 ILCS 5/26-1 et seq., and Article IX
(Forcible Entry and Detainer) of the Code of Civil Procedure, 735 ILCS 5/9-101 et seq."
SECTION 2: Subsection G of Section 23.1814, "Crime Free Housing", of Article XVIII,
"Residential Landlord and Tenant Regulations," of Chapter 23, "Offenses and Miscellaneous
Regulations," of the Village Code, shall be deleted and replaced with the following:
"G. After February 1, 2012, every lease, including lease extensions, shall contain a
crime free lease provision, the purpose of which is to make criminal activity, not limited
to violent or drug related criminal activity, engaged by, facilitated by or permitted by the
lessee, member of the household, guest or other party under the control of the lessee, a
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lease violation, and to provide the landlord with authority under that clause to initiate
eviction proceedings pursuant to state law. The crime free lease provision shall be in
substantially the following form:
Crime Free Housing Lease Provision
Prohibition against criminal
activity within the
Village of Mount Prospect.
1. The Tenant, any member of the tenant's household, Tenant's guest(s), and any
person under Tenant's control shall not engage in or facilitate criminal activity within the
Village of Mount Prospect, which includes the leased premises, at
2. The Tenant, any member of the tenant's household, Tenant's guest(s), and any
person under Tenant's control shall not permit the leased premises to be used for, or to
facilitate, criminal activity, regardless or whether the individual engaging in such
activity is a member of the household, or a guest.
3. The Tenant, any member of the tenant's household, Tenant's guest(s), and any
person under Tenant's control shall not engage in or facilitate any breach of the lease
agreement that jeopardizes the health, safety, and welfare of the landlord, his agent, or
other tenant, or involves imminent or actual serious property damage.
4. The Tenant is vicariously liable for the criminal activity of any member of the
Tenant's household, Tenant's guest(s), and any person under Tenant's control, whether
or not the Tenant had knowledge of the activity or whether or not the household member
or guest was under the Tenant's control.
5. VIOLATION OF ANY OF THE ABOVE PROVISIONS MAY CONSTITUTE A
MATERIAL AND IRREPRABLE VIOLATION OF THE LEASE AND GOOD CAUSE
FOR TERMINATION OF THE TENANCY. A single violation of any of the provisions of
this added addendum shall be a serious violation and may constitute material non-
compliance with the lease. It is understood and agreed that a single violation may
constitute good cause for IMMEDIATE termination of the lease under the Illinois
Compiled Statutes; provided, however, that a violation shall not be good cause to
terminate the tenancy if the immediate termination of the lease would violate Section 1-2-
1.5 of the Illinois Municipal Code (65 ILC 5/1-2-1.5). Unless otherwise provided by law,
proof of violation may not require criminal conviction, BUT SHALL BE BASED ON A
REVIEW OF THE SPECIFIC EVIDENCE SUPPORTING THE VIOLATION. Tenant
consents to venue in any justice court precinct within the county wherein the unit is
located in the event Owner initiates legal action against the Tenant. Tenant hereby
waives any objection to any venue chosen by owner.
6. A Tenant who is an innocent party or the victim of a crime, including but not
limited to actual or threatened domestic violence or sexual violence will not be in
violation of this Crime Free Lease Provision. Nothing in this Provision prohibits the
eviction of the perpetrator of the domestic violence, sexual violence, or other criminal
activity. A TENANT IS ENCOURAGED TO REPORT CRIMES WITHOUT FEAR OF
HIS/HER STATUS ASA TENANT
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7. A Tenant will not be in violation of this Crime Free Lease Addendum and it shall
not constitute a public nuisance under the Village Code based on the following:
a) Contact made to the police or seeking other emergency services, if (i) the
contact was made with the intent to prevent or respond to domestic violence or
sexual violence; (ii) the intervention or emergency assistance was needed to
respond to or prevent domestic violence or sexual violence; or (iii) the contact
was made by, on behalf of, or otherwise concerns an individual with a disability
and the purpose of the contact was related to that individual's disability;
b) An incident or incidents of actual or threatened domestic violence or sexual
violence against the tenant, household member, or guest occurring in the rental
unit or on the premise; or
c) Criminal activity or a local ordinance violation occurring in the rental unit or
on the premises that is directly relating to domestic violence or sexual violence,
engaged in by a tenant, member of a tenant's household, guest, or other party,
and against a tenant, household member, guest or other party.
8. In case of conflict between the provisions of this addendum and any other
provisions of the lease, the provisions of this addendum shall govern.
For purposes of this Lease Section, the meaning of criminal activity shall include:
Homicide, Child Pornography, Soliciting for a Prostitute, Pandering, Keeping a Place of
Prostitution, Harmful Material to Minors, Mob Action, Bodily Harm, Theft, Possession of
Explosives or Incendiary Devices, Deadly Weapons, Prostitution, Interference with
Public Officers, Disorderly Conduct, Gambling, Purchase or Acceptance of Gift of
Liquor by Persons Under Age 21, Prohibited Sales and Possession of Alcohol, any
offense defined and prohibited by the Illinois Controlled Substances Act or the Cannabis
Control Act, Inchoate Offenses, Criminal Street Gang Activity, as defined by 740 ILCS
147/10, Any offense that constitutes a felony under the Criminal Code of 1961, 720 ILCS
5/1-1 et seq., including, but not limited to, those set forth above and any offense defined
and prohibited by Articles I through VIII of Chapter 23, "Offenses and Miscellaneous
Regulations" of the Village Code."
SECTION 3: This Ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form in the manner provided by law.
AYES: Hoefert, Polit, Rogers, Saccotelli
NAYS: None
ABSENT: Matuszak, Zadel
PASSED and APPROVED this 16th day of August, 2016.
Arlene A. Jurac ayor
ATTEST:
�tinge11, Vige C rk
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