Legal bills for the small Village of Island Lake have gone out of sight in the past year, far surpassing the budgeted amount.
In this morning's paper a charge of "social hosting" attracted my attention. It sounded to me like a local ordinance, rather than an Illinois statute, and that it is. The part of the article that caused my interest was "On Sunday, (Joseph W.) Crisara, 23, received a social hosting citation ... He was ordered to pay a $1,000 fine."
Can't happen. If he was issued a citation, he gets his day in court first. A police officer can't order anyone to pay a fine.
Does Island Lake have its own administrative adjudication court? The social hosting ordinance was hard to find, because it is new (3-2-7-1). See Title 3, Chapter 2 of the Village Code. Then follow the red banner at the top to the new ordinance, which was enacted November 11, 2010. After the WHEREASs comes the new ordinance.
The first offense carries a fine of $500-$750. A second offense carries a fine of not less than $750. I wonder where the $1,000 in the news article came from.
The goal of the ordinance is to prevent under-age drinking. OK, isn't there already a state law about that? Was 3-2-7-1 really necessary?
And, further, is it even constitutional? Examine the definition of Event (think peaceful assembly), Person (includes firm, association, partnership, corporation), Reasonable steps (subjective, not objective), Residence or premises (home ... public or private), etc. If a parent offers his child a sip of wine at dinner, is he breaking the law?
It's a sweeping ordinance that might allow police to grab about anybody for anything, if there are alcohol and minors in the same area.
I'm not sticking up for Crisara. Other, more serious, charges were filed against him, and I imagine his court dates in Woodstock won't be any fun (or cheap) for him.
While I was looking in the Village Code and searching for the social hosting ordinance, I came across Title 3, Chapter 3, Sexually Oriented Business Licensing.
If you ever wonder why a community sees its legal budget heading for the Red Sea, look at the amount of space and legalese devoted to SOB Licensing! If you have time for a good laugh, be sure to read the Purpose of the ordinance. Just try to keep from laughing at
"The purpose of the chapter is to establish reasonable and uniform regulations..."
"The provisions of this chapter have neither the purpose nor the effect of restricting or imposing a limitation or restriction ..."
"...it is not the purpose nor (sic) effect of this chapter to restrict or deny ..."
Wanna bet? If you can read all of that ordinance and still figure out how to open a "sexually oriented business" in Island Lake, well .... enough said.
You never know who is interested…
3 months ago
2 comments:
Hey Gus –
I was an outspoken critic against this VOIL Ordinance from the get-go. Not because of what it hopes to achieve (greater responsibility and accountability from “parents” or “adults”), but due to it’s vague wording that gives overly broad latitude to Village Officials and the Police Chief in their interpretation of the Schmordinance. Theoretically, an owner of a large or wooded property could be actually unaware of partying taking place on their property, and the same for an invalid that can’t go out back and check on outbuildings regularly among other examples.
Currently, all that stands between their being innocent or prosecuted are the profoundly absent good judgement and good graces of our Mayor Herrmie and her Government in Exile. Government in Exile, in that she and the remainder of Herrmie’s Herd have refused to show up for valid Board Meetings where a new Board majority puts her and The Herrdmates in a minority position.
Past history in Island Lake contains situations where the sitting administrations have selectively and creatively used the Schmordinances against their outspoken opponents.
For those residents in this particular neighborhood though, this first application of the new law is well founded, and may prove to be a blessing. These neighbors have a long history with this kid and this house. Years long allegations of drug dealing out of the house, endless under-age partiers, vandalism and intimidation of neighbors. It appears to be an out-of-control party house.
In this instance, it appears to be a valid application of the law – a new tool. Looking at the smug grin on this kid’s booking photo tells you all you need to know. Do an internet search on his name, and citations for his brushes with the law and that address pop up like daffodils in the spring. There’s been no shortage of deserved prosecution against him, yet the problem remains years later.
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