O-39-25 Amending Title 9, Public Peace, Morals, and Welfare of the Village Code (Public Camping)o-3q—,e7
TO: Village Board Meeting
FROM: Judy Radomski, Police Department
THROUGH:
SUBJECT: An Ordinance Amending Title 9, Public Peace, Morals, and Welfare of the
Village Code (Public Camping)
DATE: July 28, 2025
SUMMARY/BACKGROUND
The Village of Lemont is amending their loitering ordinance to specifically address the
activities of sleeping and camping on public lands.
ANALYSIS
The US Supreme Court ruled in the case of City Grants Pass vs. Johnson that municipalities
could regulate the activities of sleeping and camping in public space only if there was an
ordinance in place prohibiting such activities. The proposed ordinance prohibits such activity.
This additional language superseded the current "loitering" language and makes it
unnecessary. Therefore, the loitering prohibitions language is elminated.
The police department recommends the adoption of the ordinance.
Consistency with Village Policy
STAFF RECOMMENDATION
Staff recommends the adoption of the ordinance.
BOARD ACTION REQUESTED
Authorization to enact the ordinance.
ATTACHMENTS
Ordinance.Amendment to Title 9.07.28.25.docx
VILLAGE OF LEMONT
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 9, PUBLIC PEACE, MORALS,
AND WELFARE OF THE VILLAGE CODE
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
THIS 28TH DAY OF JULY 2025
Published in pamphlet form by
authority of the President and Board of
Trustees of the Village of
Lemont, Counties of Cook, Will and DuPage,
Illinois on this 28th day of July 2025
ORDINANCE NO.�_
AN ORDINANCE AMENDING TITLE 9, PUBLIC PEACE, MORALS,
AND WELFARE OF THE VILLAGE CODE
WHEREAS, the Village of Lemont, Counties of Cook, Will and DuPage, Illinois, ("the
Village") is a municipality in the state of Illinois with frill powers to enact ordinances and adopt
resolutions for the benefit of the residents of the Village; and
WHEREAS, the President and Board of Trustees of the Village of Lemont (the "Corporate
Authorities") may from time to time amend the text of the Village Code when it is determined to
be in the best interests of the residents of the Village; and
WHEREAS, pursuant to Section 1-1-10 of the Illinois Municipal Code, 65 ILCS 511-1-10,
the Corporate Authorities may exercise all powers granted to the Village expressly or by necessary
implication by the Illinois Municipal Code, Illinois statute, or the Illinois Constitution; and
WHEREAS, pursuant to Section I 1-80-2 of the Illinois Municipal Code, 65 ILCS 5/11-80-
2, the Corporate Authorities may regulate the use of the streets and other municipal property; and
WHEREAS, the Corporate Authorities find that it is in the best interest of the Village to
amend the Village Code to incorporate regulations related to camping on public and commercial
property; and
WHEREAS, the Corporate Authorities find it in the best interests of the Village and its
residents that a new Chapter 9.26, Public Camping, be enacted as set forth herein; and
WHEREAS, due to the regulations pertaining to public camping provided in the new
Chapter 9.26, Public Camping, the Corporate Authorities have determined that the regulations
pertaining to loitering in Chapter 9.24, Loitering, are no longer necessary for the public health,
safety, morals, and welfare.
NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the
Village of Lemont, Counties of Cook, Will and DuPage, Illinois, as follows:
SECTION 1: That the above recitals are found to be true and correct and is hereby
incorporated herein and made a part hereof, as if fully set forth in their entirety.
SECTION 2: That Chapter 9.24 ("Loitering") of Title 9 ("Public Peace, Morals and
Welfare") of the Village Code is removed in its entirety as follows (deletions in bold and
trikethr, ugh):
DING
CHAPTER 9.24 LOITERING
idle in loeation. The term
9.24.010. Definitions.
As used in this ehapter:
Loitering
means remaining
"loitering" ; el..a.,
essentially one
Thee
time idly-,
pt of spending
(1)
dilatory;(2) Being
1L
(4)
right
frry
business,
1.
".
-
The term
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rf
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the front
n
immediate
store,
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The term
or
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rr
does
of
publie
mean
grounds,
a plaee devoted
9.24.020.
it is
f or parks.
solely
Loitering
for
to the uses
and ohst. et;.,
to
of the
.hl;
loaf,
aee
public.
ways
h •h•t
rrv.aiviaa.0
i
not neeessarily
a
.
idle,
unlawful
any
in
person
f
in
wander,
-.I:- -1
stand
or remain
and/or-
eonsort
with others
a
highway,
put
or-
any other
street,alone
publie
publie sidewalk,
impede
the free
traffie or
and uninterrupted
passage
of
mi
9.24.030. Failure to disperse on o ffl
When
a1 [ Ua
Vl.l
the enumerated in
any per -son eauses oF eofnmits
9.24.020,
any of eonditions
seetion
to move on or
per -son to stop eausing or eommitting
disperse. A fair
sueh f and
t. nh be
refuses
who
.�l..tion of this ..hapte..
obey orders shall guit yof
SECTION 3: That Title 9 ("Public Peace, Morals and Welfare") of the Village Code is
hereby amended to add a new Chapter 9.26 as follows (additions in bold and underline):
CHAPTER 9.26. - PUBLIC CAMPING
9.26.010. - Definitions.
For the purposes of this chapter, the following terms shall have the meanings
ascribed to them in this section:
Campsite means the site within a public place or public way where an
individual is camping, including the site where personal belongings are stored
in relation to camping.
Campin,- means the use of public property, a public place, or public
ways for living accommodation purposes such as:
(1) Sleeping activities;
(2) Making preparations for sleeping;
(3) Storing personal property;
(4) Making a fire or using a device to provide heat; or
(5) Using any tent or other temporary shelter outdoors.
Public Place means anv place to which the general public has access
and a right to resort for business, entertainment, or other lawful purpose.
"Public place" includes the front or immediate area adjacent to any store,
public grounds, public property, or park. The term "public place" does not
necessarily mean a place devoted solely for use by the public.
Public Way means any street, alley, pedestrian way, pathway, channel,
viaduct, bridge, easement, right-of-way, or other way in which the public has
a right of use.
9.26.020. - Public campingprohibited; exceptions.
(a) It is unlawful for any person to:
Camp or sleep in or upon a public place or public way in the Village, within
or without a temporary structure. This prohibition extends to camping
upon a blanket, chair, stool, or any other object placed upon a public way
or in a public place.
Store, accumulate, mass together, and maintain personal property such as
supplies, goods, clothing, and personal effects upon the public way or in a
public place in the Village.
(b) Exceptions: the prohibitions in subsection (a) shall not apply to any person:
Sleeping on a public way due to a medical emergency.
Cl
Participating in or attending a parade, festival, performance, rally,
demonstration, meeting, or similar event conducted on the public way
pursuant to a special event permit.
Camping on residential property with the permission and consent of the
property owner.
9.26.030 — Enforcement; penalties.
(a) No person shall be cited under this chapter unless the person engages in
conduct prohibited by this chapter after having been notified by a law
enforcement officer that the conduct violates this chapter.
(b) Any person who violates any provision of this chapter shall be subject to a
fine of fifty dollars ($50.00) for a first or second offense within a 12-month
period, and a fine of one -hundred dollars ($100.00) for a third or subsequent
offense within a 12-month period. Each day that a violation of this chapter
continues shall be considered a separate and distinct offense. In addition, any
person who violates any provision of this chapter may be cited for trespass.
(e) Any person who violates any provision of this chapter, and who continues
to violate any provision of this chapter, may be subject to an injunction to
enforce this chapter.
9.26.040 — Removal of property.
Any person who accumulates, masses together, and maintains personal
property such as supplies, goods, clothing, or personal effects upon a public
way or in a public place as prohibited in section 9.26.020 shall be required to
remove such personal property within seven (7) days of notice from the
Village. Notice to abate the storage of personal property upon a public way or
in a public place shall be given to the owner or person in control of the personal
property by personal service or by certified mail. Notice shall also be posted
at the campsite where the personal property is being stored. Upon the failure
of the owner of the personal property to remove the personal property within
seven (7) days from the date of service of the notice, the Village shall lawfully
remove the personal property.
The personal property removed from the public way or a public place by the
Village shall be stored by the Village police department for a minimum of
thirty (30) days, during which time it shall be reasonably available for release
to an individual confirming ownership. Said personal property may be
disposed of if not claimed by the owner within thirty (30) days of its removal.
Any costs associated with abatement and personal property storage may be
charged to the property's owner.
The fact that an action or proceedings have been instituted and are pending
shall not preclude the Village's ability to require removal of said personal
property and to abate if the personal property is not removed as required in
this section.
SECTION 4: Those provisions of the Village Code that have been expressly amended
herein remain in full force and effect.
SECTION 5: If any section, paragraph, clause or provision of this ordinance shall be held
invalid, the invalidity thereof shall not affect any other provision of this ordinance.
SECTION 6: All ordinances, resolutions, motions or orders in conflict with this ordinance
are hereby repealed to the extent of such conflict.
SECTION 7: This ordinance shall be in full force and effect upon its passage, approval
and publications as provided by law.
M
ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF
LEMONT, COUNTIES OF COOK, WILL AND DUPAGE, ILLINOIS on this 28" DAY
OF JULY 2025.
PRESIDENT AND VILLAGE BOARD MEMBERS:
Samuel J. Forzley
Janelle Kittridge
Ken McClafferty
Kevin Shaughnessy
Rick Sniegowski
Ron Stapleton
AYES: NAYS
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ABSENT: ABSTAIN
J I L-4
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JOHN EGOFSK Village President
ATTEST:
HARLENE M. SM LLEN, Village Clerk
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