City of Des Plaines v. Gacs

The City of Des Plaines, in a quasi-criminal action, charged defendant, Anthony Gacs, with keeping pigeons within the city limits, in violation of section 6 — 3—14 of the Des Plaines Municipal Code (Des Plaines City Code, ch. 3, §6 — 3—14). The trial court held the city ordinance unconstitutional and thereby found the defendant not guilty.

The City of Des Plaines appeals, contending the ordinance is a legitimate exercise of its police powers and is constitutional as applied to the defendant.

We agree and reverse the trial court.

In 1963 the City of Des Plaines enacted the following ordinance:

“6-3…