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Ordinance 2019-85 1 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2019-85 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS AMENDING THE CODE OF ORDINANCES PERTAINING TO UNLAWFUL USE OF CANNABIS Passed by the City Council of the United City of Yorkville,Kendall County,Illinois This 10t day of December, 2019 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville,Kendall County,Illinois on December 19,2019. Ordinance No. 2019-85 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS AMENDING THE CODE OF ORDINANCES PERTAINING TO UNLAWFUL USE OF CANNABIS WHEREAS, the United City of Yorkville, Kendall County, Illinois, is a duly organized and validly existing non-home rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS,pursuant to the Cannabis Regulation and Tax Act(410 ILCS 705/1-1 et seq.) (the "Cannabis Act"), beginning January 1, 2020, the sale, possession and use of recreational cannabis will be legal throughout Illinois; and, WHEREAS, the Cannabis Act provides for specific restrictions regarding the use of cannabis and authorizes the imposition of civil penalties for violations of such restrictions; and, WHEREAS, the Mayor and City Council of the City have determined it to be in the best interest of its residents to amend the Yorkville Municipal Code to prescribe the penalties for violations of the use of cannabis as permitted by the Cannabis Act. NOW,THEREFORE,BE IT ORDAINED,by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Section 5-3-9 of Chapter 3,Title 5 of the Yorkville City Code is hereby deleted in its entirety. Section 2. Section 1-4-1 of Chapter 4,Title 1 of the Yorkville City Code is hereby amended by deleting the reference to 5-3-9 under the listing of"Code Section/Statute"and replacing it with reference to Section 3-14-3. Section 3. Section 5-3-15 of Chapter 3, Title 5 of the Yorkville City Code is hereby amended by deleting subsection C. in its entirety and replacing with the following: Ordinance No.2019-85 Page 2 C.Unlawful Possession Of Drug Paraphernalia: It shall be unlawful for a person who knowingly possesses an item of drug paraphernalia with the intent to illegally use it in ingesting, inhaling, or otherwise introducing cannabis or a controlled substance into the human body, or in preparing cannabis or a controlled substance for that use. This subsection does not apply to a person who is legally authorized to possess hypodermic syringes or needles under the hypodermic syringes and needles act. Section 4. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois this 10th day of December, 2019. KEN KOCH AYE DAN TRANSIER AYE JACKIE MILSCHEWSKI AYE ARDEN JOE PLOCHER AYE CHRIS FUNKHOUSER AYE JOEL FRIEDERS AYE SEAVER TARULIS ABSENT JASON PETERSON AYE APPROVED: / Mayor Attest: OrNA. Aident City Clerk Ordinance No.2019-85 Page 3