2022-45 Ordinance Amending City Code of the City of Decatur, Illinois by the Addition of Chapter 41.3 - Downtown Parks

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park will be removed.The city can post signs with these rules without ordinance language because the city owns the property and can establish reasonable rules for the use of property it owns,so long as the rules are applied uniformly. It is possible that someone may criticize the proposed ordinance as 'criminalizing homelessness' by the city; but such a characterization would be inaccurate on several levels. First,the ordinance, if adopted,will apply to everyone.Second,the city has confirmed that local shelters available to displaced persons are rarely full,and some of them are in easy walking distance of downtown parks.Third,in enforcing the ordinance, police will be sensitive to persons in the park appearing to have no place to go during restricted hours and will attempt to connect them with local shelters and other social service providers,depending on their needs, as is the current practice when overnighting rules are enforced on properties owned by the Decatur Park District. Fourth,the city of Decatur has been very active (and has invested)in making sure local non-profit agencies currently in the business of providing transitional shelter facilities have additional spaces in their inventory and that they are available to them to meet current and future needs. Fifth,the ordinance will generally help the city reduce vandalism, reduce the distribution of drugs and alcohol,and prevent other problems in the parks through proactive means rather than through reactive measures. Keeping the city's parks in good condition is the primary goal of the ordinance as started in its preambles. Even the city's police enforcement routines will seek to avoid the issuance of citations when possible. For example, if someone is found to be in a downtown park during restricted hours, police will first seek to obtain compliance with the ordinance by asking them to leave and/or offer to provide assistance in leaving the park. Only if police officers cannot obtain voluntary compliance could they, based on officer discretion,choose to issue a citation. If the ordinance is approved, no enforcement will occur until proper signage,doggy bag dispensers and other public information is in place. Since the cancellation of the Decatur Celebration,the city has sought to create new partnerships with downtown organizations,and to bring new and unique events to the central business district.Since the city's two downtown parks are often the venue for special events, festivals,fairs and other exhibits,it is important that the city take reasonable steps to ensure that its downtown parks are always in a condition to host planned and spontaneous events,and to serve as a draw to the downtown in general. If the proposed ordinance is adopted, it will require that the City Council also repeal overlapping and older sections of Chapter 41. For purposes of clarity,a new Chapter 41.3 has been created to place all park use provisions together in the same place. If the City Council decides to not adopt the proposed Chapter 41.3 language, it will not be necessary to repeal overlapping sections of Chapter 41.