Arlington Heights enacts new rules to stop 'nuisance' issues at downtown garages
Arlington Heights trustees Monday enacted a series of new enforcement actions to crack down on an increase in so-called nuisance issues at downtown parking garages that would target adults who camp there and kids who hang out there.
The ordinance, approved 8-0, prohibits the use of the village-owned garages and surface lots for anything other than traveling in a vehicle or on a bike, or walking to or from it. Violators would first be warned by police, then could be cited for trespassing.
Fines range from $5 to $575, or community service, as set by a hearing officer at an administrative adjudication hearing at village hall. Village Manager Randy Recklaus said that in extreme circumstances, someone who was being uncooperative or had multiple offenses could be arrested and charged with criminal trespassing, which would be prosecuted at the courthouse.
The other major change to village code approved by the board Monday night will allow the village to remove private property left in garages after tagging the items with seven days' notice, then giving the owner 30 days to retrieve the items. To temporarily store the property, Recklaus said, the village is purchasing at least one large lockable container to be placed in a public works department parking lot.
Village Attorney Hart Passman, who drafted the ordinance after the board's earlier April 10 committee-level discussion, said the new rules are rooted in constitutional property rights and state laws that regulate how a municipality deals with abandoned property.
That discussion followed the battery arrest of a man who is known to frequent the Evergreen Avenue underground garage. Recklaus said other police calls have included kids' skateboarding up and down ramps or jumping across to roofs of adjacent buildings, vandalism, urination and public intoxication.
Mayor Tom Hayes said the board's action attempts to "strike a balance" between the constitutional rights of unhoused individuals and the rights of people to utilize the parking garages in a safe manner.
Trustee Jim Bertucci, who lives in one of the condominium buildings above the Evergreen garage, said the ordinance is "a long time coming."
"The safety of those who live, work and visit Arlington Heights is a fundamental responsibility of the Arlington Heights village government," Bertucci said. "This ordinance will give residents and visitors the ability to use our public parking garages for their intended purposes and to feel safe while doing so."
But resident Keith Moens criticized the board for "criminalizing folks that need our help right now," and he sought language in the ordinance that would require the village to offer mental health services.
Trustee Wendy Dunnington proposed increasing the amount of time for people to retrieve their belongings from 30 days to 90, since the extra time could make a difference as they try to find housing, she said.
"We know that people don't just disappear, and moving people around from place to place just moves the issue to another area," said Dunnington, who asked Recklaus what would happen to people who frequent the garages.
He said the village would connect them with social service agencies such as Northwest Compass and Journeys The Road Home, which is holding a grand opening for its new building in Palatine on Saturday.
"One of the reasons we're timing this (ordinance) right now is because the weather's getting nicer. We're not in the middle of the winter where it's more difficult for folks to find a place to spend the night," Recklaus said. "It's warm, so we're hoping that this is a good time to change some folks' patterns and usage of our facilities and be able to find better locations as needed.
"I think the idea is that this facility - it's not a safe place for folks to sleep. It's not intended or designed for that purpose. We have to continue to work to find broader solutions to some of these problems."