CHAPTER 90: ANIMALS
Section
90.01 Adopting of state laws, supplemental
90.02 Definitions
90.03 Animals running at large
90.04 Disturbing the peace; loud noises
90.05 Cruelty to animals
90.06 Care of impounded animals
90.07 Notice of impoundment; impounding fees
90.08 Inoculation and tags
90.09 Animal bites
90.10 Animals – removal of excrement
90.11 Keeping animals other than domesticated pets
90.12 Keeping of bees and inconveniences to others
90.13 Keeping of dogs and cats
90.14 Prohibited at large; responsibility of owner
90.99 Penalty
§ 90.01 ADOPTING OF STATE LAWS, SUPPLEMENTAL.
This chapter adopts and supplements the Animal Control Act of ILCS Ch. 510, Act 5, § 1 et seq.
(Ord. 504, passed 1-3-83)
§ 90.02 DEFINITIONS.
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMAL. Any animal, other than man, which may be affected by rabies.
OWNER. Any person who shelters, harbors, feeds, encourages or permits an animal to remain at, near or about his premises or living quarters shall be deemed the owner of keeper of such animal and responsible therefor.
(Ord. 504, passed 1-3-83)
§ 90.03 ANIMALS RUNNING AT LARGE.
(A) It shall be unlawful for any owner or keeper to permit any animal to run at large within the city. Any animal found upon any public street, sidewalk, alley, parkway or any unenclosed place shall be deemed running at large, unless said animal is firmly held on a leash or is in an enclosed vehicle. Any animal which is found upon the private premises of any person other than the owner or keeper of that animal shall be deemed running at large unless firmly held on a leash or in an enclosed vehicle and upon the owner of the property’s permission.
(B) Any person inconvenienced or injured, or who may be in danger of being injured, either in person or property, by reason of the unlawful running at large in the city of any animal contrary to this chapter, or upon whose property the animal has been running at large (whether or not that person is in danger of aforesaid injury), may capture that animal and drive the animal to the county pound.
(Ord. 504, passed 1-3-83) Penalty, see § 90.99
§ 90.04 DISTURBING THE PEACE; LOUD NOISES.
It shall be unlawful to harbor or keep any animal which disturbs the peace by loud noises at any time, day or night.
(Ord. 504, passed 1-3-83) Penalty, see § 90.99
§ 90.05 CRUELTY TO ANIMALS.
No person shall cruelly treat any animal in the city in any way. Any person who inhumanely beats, underfeeds, overloads or abandons any animal shall be guilty of a violation of this section.
(Ord. 504, passed 1-3-83) Penalty, see § 90.99
§ 90.06 CARE OF IMPOUNDED ANIMALS.
Animals which are kept in the pound shall be humanely treated and fed. The city shall work with the County Animal Control Warden who shall be in charge of the impounded animals.
(Ord. 504, passed 1-3-83)
§ 90.07 NOTICE OF IMPOUNDMENT; IMPOUNDING FEES.
(A) (1) When dogs are apprehended and impounded by the County Animal Control Warden, he shall give notice of not less than seven days to the owner, if known. The notice shall be mailed to the last known address of the owner. An affidavit or testimony of the Warden, or his authorized agent, who mails the notice shall be prima facie evidence of the receipt of the notice by the owner of that dog. In case the owner of any impounded dog desires to make redemption thereof, he or she may do so on the following conditions:
(a) Present proof of current rabies inoculation, and registration, if applicable;
(b) Pay for the rabies inoculation of the dog, and registration, if applicable;
(c) Pay the pound for the board of the dog for the period it was impounded; and
(d) Pay into the Animal Control Fund an additional impoundment fee as prescribed by the County Board as a penalty for the first offense and for each subsequent offense.
(2) This shall be in addition to any other penalties invoked under this chapter.
(Ill. Rev. Stat., Ch. 8, § 10-360)
(B) Animals which are impounded pursuant to the provisions of this chapter shall be kept in the county pound until redeemed or otherwise disposed of. Animals shall be held for at least seven days for redemption. Any person who seeks to redeem any impounded animal that is so impounded shall pay a fee of $ ; a fee of $70 for the second time; and a fee of $125 for the third redemption and a $125 redemption fee for each additional occasion during a 12-month period. (Ord. 504, passed 1-3-83)
§ 90.08 INOCULATION AND TAGS.
It shall be a violation of this section to allow any animal to be upon public property or private property of another person, not the owner of such animal. Every animal on public or private property, even though in compliance with § 90.03, preceding, must have been inoculated against rabies by a licensed veterinarian within the preceding year, or the owner or keeper of such animal shall be in violation of this section.
(Ord. 504, passed 1-3-83) Penalty, see § 90.99
§ 90.09 ANIMAL BITES.
It shall be the duty of the owner or keeper of any animal which bites any human being to keep such animal locked up in an enclosure for a period of ten days following such bite; and to have the animal examined by a physician or licensed veterinarian at the commencement and termination of this ten-day period. If such animal during this period shall die or shall show signs of illness, it shall be the duty of such owner or keeper of the animal to turn the animal over to the County Animal Control Warden so that it can be determined whether or not the animal had rabies.
(Ord. 504, passed 1-3-83) Penalty, see § 90.99
§ 90.10 ANIMALS – REMOVAL OF EXCREMENT.
(A) This subchapter is added to this code for the purpose of making properties free from the deposits of animal excrement, buy requiring the owner or person in control of any animal responsible for collecting and disposing of such excrement.
(B) No owner or person in control of an animal shall permit the animal to deposit fecal matter on any public right-of-way or property, other than that of the owner of person in control, without providing a means of disposing of the fecal matter. The owner or person in control of an animal shall immediately remove any fecal matter. The owner or person in control of an animal shall immediately remove any fecal matte deposited on any property, other than the property belonging to the owner or person in control of the animal. This section shall not apply to support dogs or guide dogs for the blind, visually handicapped, hearing impaired or otherwise physically disabled persons.
(C) The offense specified in this section shall be an absolute liability offense and any person violating the provisions of this section shall be fined not less than $100 nor more than $500.
(Ord. 696, passed 7-6-98)
§ 90.11 KEEPING ANIMALS OTHER THAN DOMESTICATED PETS.
(A) Except as otherwise expressly provided for in this chapter or in the this Code of Ordinances as amended, no person shall keep, harbor or allow to be kept any animal, except domesticated cats, dogs, fish or birds within a home, within an area zoned residential, commercial or industrial in the city.
(B) No person shall keep or maintain more than 12 mature rabbits in any residential area and no pen, hutch or other structure designed to confine or shelter a rabbit or rabbits shall be so located that any portion of such pen, hutch or other structure is closer than 50 feet from the adjoining property.
(C) No person shall keep or maintain more than six fowl or poultry, or birds in any residential area within the corporate limits of the city. Any fowl, poultry or birds must be contained in a pen or structure designed to confine or shelter fowl, poultry or birds within the rear yard of a residence. Domesticated birds may be kept in the home.
(Ord. 738, passed 6-5-00; Am. Ord. 857, passed 4-20-09) Penalty, see § 90.99
§ 90.12 KEEPING OF BEES AND INCONVENIENCES TO OTHERS.
No person shall keep or maintain bees or any animal in any residential area in the city in such a manner as to cause inconvenience or disturbance to other persons by reason of the swarming or stinging of the bees or by which is maintained in such a manner to cause inconvenience or disturbance to other persons by reason of noise, odor or other cause.
(Ord. 738, passed 6-5-00) Penalty, see § 90.99
§ 90.13 KEEPING OF DOGS AND CATS.
No person shall keep or maintain more than four adult dogs and/or adult cats on or about his or her place of residence.
(Ord. 738, passed 6-5-00) Penalty, see § 90.99
§ 90.14 PROHIBITED AT LARGE; RESPONSIBILITY OF OWNER.
(A) The running at large of any animal within the corporate limits of the city is hereby declared a nuisance and is prohibited.
(B) Any animal shall be in control or leashed by the owner at all times.
(Ord. 738, passed 6-5-00) Penalty, see § 90.99
§ 90.99 PENALTY.
Any person, firm or corporation violating any provision of this chapter shall be fined not less than $50 nor more than $500 for each such offense.
(Ord. 504, passed 1-3-83)
CHAPTER 91: NUISANCES; ABANDONED VEHICLES
Section
General Provisions
91.01 Enactment
91.02 Definition
91.03 Maintaining public nuisance prohibited
Conditions of Public Nuisance
91.15 Public nuisances affecting health
91.16 Public nuisances offending morals and decency
91.17 Public nuisances affecting peace and safety
91.18 Open burning
91.19 Permitting or depositing garbage or debris on property
Weeds
91.30 Permitting weeds to grow prohibited; nuisance
91.31 Height
91.32 Notice to remove; abatement
Abandoned Vehicles
91.45 Definitions
91.46 Abandonment of vehicles
91.47 Removal of abandoned, unattended or inoperable vehicles
91.48 Inoperable motor vehicles
Abatement Procedure
91.60 Inspection of premises
91.61 Summary abatement
91.62 Abatement by court action
91.63 Cost of abatement
91.99 Penalty
Appendix: Notice of Intent to Tow Vehicle
GENERAL PROVISIONS
§ 91.01 ENACTMENT.
There is enacted for the public health, welfare and safety, the following nuisance regulations.
(Ord. 533, passed 4-20-87)
§ 91.02 DEFINITION.
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PUBLIC NUISANCE. A thing, act, occupation, condition or use of property which shall continue for such length of time as to:
(1) Substantially annoy, injure or endanger the comfort, health, repose or safety of the public;
(2) In any way render the public insecure in life or in the use of property;
(3) Greatly offend the public morals or decency; or
(4) Unlawfully and substantially interfere with, obstruct or tend to obstruct or render dangerous for passage any street, alley, highway, navigable body of water or other public way.
(Ord. 533, passed 4-20-87)
§ 91.03 MAINTAINING PUBLIC NUISANCE PROHIBITED.
No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance within the city limits.
(Ord. 533, passed 4-20-87) Penalty, see § 91.99
CONDITIONS OF PUBLIC NUISANCE
§ 91.15 PUBLIC NUISANCES AFFECTING HEALTH.
The following acts, omissions, places, conditions and things are hereby specifically declared to be public health nuisances, but shall not be construed to exclude other health nuisances coming within the definition of § 91.02:
(A) All decayed, harmfully adulterated or unwholesome food or drink sold or offered for sale to the public.
(B) Carcasses of animals, birds or fowl not buried or otherwise disposed of in a sanitary manner within 24 hours after death.
(C) Accumulations of decayed animal or vegetable matter, trash, rubbish, rotting lumber, bedding, packing material, scrap metal or any material in which flies, mosquitoes, disease-carrying insects, rats or other vermin may breed, or which constitute a fire hazard.
(D) All stagnant water in which mosquitoes, flies or other insects can multiply.
(E) Garbage cans that are not fly-tight.
(F) The escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash or industrial dust within the city limits in such quantities as to endanger the health of persons of ordinary sensibilities or to threaten or cause substantial injury to property.
(G) The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, creamery or industrial wastes or other substances.
(H) Any use of property, substances or things within the city emitting or causing any foul, offensive, noisesome, nauseous, noxious or disagreeable odors, effluvia or stenches extremely repulsive to the physical senses of ordinary persons which annoy, discomfort, injure or inconvenience the health of any appreciable number of persons within the city;
(I) Any barn, stable, yard, shed, pen or other place where animals or fowl are kept which is not maintained in a clean condition; or any animals or fowl which because of disease, unsanitary conditions, odor or noise, discomfort or injure the health or well being of residents of the city.
(J) All abandoned wells or cisterns not securely covered or secured from public use.
(K) All noxious weeds defined by Ill. Rev. Stat. Ch. 18, or in this chapter.
(A) All disorderly houses, bawdy houses, houses of ill fame, gambling houses and buildings or structures kept or resorted to for the purpose of prostitution, promiscuous sexual intercourse or gambling.
(B) All gambling devices and slot machines.
(C) All places where intoxicating liquor or fermented malt beverages are sold, possessed stored, brewed, bottled, manufactured or rectified without a permit or license as provided for by this code or by state statute.
(D) Any place or premises within the city where city ordinances or state laws relating to public health, safety, peace, morals or welfare are openly, continuously, repeatedly and intentionally violated.
(E) Any place or premises resorted to for the purpose of drinking intoxicating liquor or fermented malt beverages in violation of laws of the state, this code or any other ordinances of the city.
(Ord. 533, passed 4-20-87) Penalty, see § 91.99
§ 91.17 PUBLIC NUISANCES AFFECTING PEACE AND SAFETY.
The following acts, omissions, places, conditions and things are hereby declared to be public nuisances affecting peace and safety, but such enumeration shall not be construed to exclude other nuisances affecting public peace or safety coming within the provisions of § 91.02:
(A) All buildings erected, repaired, or altered within the fire limits of the city in violation of the provisions of the ordinances of the city relating to materials and manner of construction of buildings and structures within that district.
(B) All unauthorized signs, signals, markings or devices which purport to be or may be mistaken as official traffic-controls devices placed or maintained upon or in view of any public highway or railway crossing.
(C) All trees, hedges, billboards or other obstructions which prevent persons driving vehicles on public streets, alleys or highways from obtaining a clear view of traffic when approaching an intersection or pedestrian crosswalk.
(A) No person shall cause or allow open burning of any combustible material, except landscape waste, including vegetable or plant refuse, tree branches, brush, leaves and similar material, conduct any salvage operation by open burning, or cause or allow the open burning of any combustible material in any chamber not specifically designed for the purpose and approved of by the Illinois Environmental Protection Agency, pursuant to regulations adopted by the Illinois Pollution Control Board, except that it shall be lawful for any person to set fire to, ignite or burn any combustible material in any outdoor fireplace, grill, or barbecue pit if:
(1) That fire is used for the purpose of cooking food;
(2) That fire is kept under competent and continuous supervision;
(3) All flammable and combustible material is removed a sufficient distance from the fireplace, grill or barbecue pit so as not to constitute a fire hazard;
(4) All such burning is a sufficient distance from other residents and properties so as to not be a nuisance, constitute a fire hazard or impair the breathing of free air to adjacent persons or property owners; and
(5) All fires or coals in the fireplace, grill or barbecue pit are thoroughly extinguished after the use thereof has been completed. (B) Open burning is defined as the combustion of any matter in the open or in an open dump.
(C) This section shall incorporate, and not be in conflict with, the relevant provisions of the Illinois Environmental Protection Act, ILCS Ch. 415, Act 5. Nothing contained in this section shall be construed to supercede any applicable provision of state law. (D) The open burning of landscape waste shall be allowed upon the premises where it was produced between 8:00 a.m. and 7:00 p.m. on Fridays, Saturdays and Sundays in the months of January, February, March, April, May, June, September, October, November and December, provided that:
(1) Such burning is kept under competent and continuous supervision;
(2) Such burning is a sufficient distance from other residents and properties so as to not be a nuisance, constitute a fire hazard or impair the breathing of free air to adjacent persons or property owners;
(3) Such burning is not allowed on any paved city street or alley; and
(4) Such fires are thoroughly extinguished after the use thereof has been completed.
(E) Upon approval by the City Manager, employees of the city may cause or allow the open burning of landscape waste on city owned or controlled property, including material produced off the premises, on days when the burning of such material would otherwise be prohibited under this section. (F) When special circumstances exist, the City Council may, by resolution and for a specified and limited amount of time, either allow for the open burning of landscape waste on days when the burning of such material would otherwise be prohibited under this section, or prohibit the open burning of landscape waste on days when the burning of such material would otherwise be allowed under this section.
(Ord. 831, passed 1-8-07) Penalty, see § 91.99
§ 91.19 PERMITTING OR DEPOSITING GARBAGE OR DEBRIS ON PROPERTY.
No person shall permit rubbish, trash, garbage, or other debris to remain on their property when, by so doing, same becomes a nuisance, or hazard to the enjoyment of other citizens of this city of their property or their life. No person shall deposit any garbage or other debris on the property of others, nor shall it be burned in the city.
(Ord. 533, passed 4-20-87) Penalty, see § 91.99
WEEDS
§ 91.30 PERMITTING WEEDS TO GROW PROHIBITED; NUISANCE.
Any weeds such as jimson, burdock, ragweed, thistle, cockleburr or other weeds of a like kind, found growing in any lot or tract of land in the city are hereby declared to be a nuisance, and it shall be unlawful to permit any such weeds to grow or remain in any such place.
(Ord. 533, passed 4-20-87) Penalty, see § 91.99
§ 91.31 HEIGHT.
It shall be unlawful for anyone to permit any weeds, grass or plants, other than trees, bushes, flowers or other ornamental plants to grow to a height exceeding 12 inches anywhere in the city, any such weeds, grass or plants exceeding the height are hereby declared to be a nuisance.
(Ord. 533, passed 4-20-87) Penalty, see § 91.99
§ 91.32 NOTICE TO REMOVE; ABATEMENT.
It shall be the duty of the police to serve or cause to be served a notice upon the owner or occupant of any premises on which weeds, grass or plants are permitted to grow in violation of the provisions of this section and to demand the abatement of the nuisance within ten days and if not thus abated to institute abatement as in this chapter provided.
(Ord. 533, passed 4-20-87)
ABANDONED VEHICLES
§ 91.45 DEFINITIONS.
(A) For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
INOPERABLE MOTOR VEHICLE. Any vehicle on any public place for a period of time which the engine, wheels, windshield, rear window, doors or other parts have been removed, or in which the engine, wheels, windshield, rewa window, doors or other parts have been altered, damaged, wrecked, dismantled, deteriorated, or otherwise so treated that the vehicle is incapable of being safely driven under its own motor power, or does not display a current, valid registration or on any property in view of the general public for a period of seven days or more, for which the engine, wheels, windshield, rear window, doors, or other parts have been altered, damaged, wrecked, dismantled, deteriorated, or otherwise so treated that the vehicle is incapable of being safely driven under its own motor power, or does not display a current, valid registration; provide, that this definition shall not be construed to include any motor vehicle which has been rendered temporarily incapable of being driven under its own power in order to perform ordinary services or repair operations by a person engaged in a business of performing such ordinance services or repairs and the vehicle is located on the property where the business is located, nor to any motor vehicle that is kept entirely within a building when not in use or to a motor vehicle on the premises of a duly licensed place of business engaged in towing, repairing, wrecking or junking of motor vehicles.
PROPERTY. Any private property within the city which is not a street, highway or alley and which is not owned by the city.
PUBLIC PROPERTY. Any property owned by the city including any property leased to the city.
STREET or HIGHWAY. The entire width between the boundary lines of every way publicly maintained when any part thereof is opened to the use of the public for purposes of vehicular travel. This shall include all of the right-of-way owned by the municipality in any thoroughfare, street, highway or alley.
VEHICLE. All motor vehicles and trailers, including, but not limited to, automobiles, trucks, travel trailers, campers, motor homes, tent trailers, boats, boat trailers, snowmobiles, snowmobile trailers, and camping trailers.
(B) All other words and phrases used herein shall be defined as the definition for that word as provided in ILCS Ch. 625, Act 5, § 1 et seq., (as amended).
(Ord. 533, passed 4-20-87; Am. Ord. 653, passed 9-5-95; Am. Ord. 884, passed 4-18-11)
§ 91.46 ABANDONMENT OF VEHICLES.
(A) The abandonment of a motor vehicle or any part thereof on any street, highway, alley or other public way or public property in this municipality is unlawful and subject to penalties as set forth herein. Any police authority of the city or acting on behalf of the city or any member of any such police authority’s force or department is hereby authorized to remove a vehicle from a street, highway, alley, or other public thoroughfare or public property, to the nearest garage or other place of safety or to the garage designated or maintained by the city under the circumstances hereinafter enumerated:
(1) When any vehicle is left unattended upon any bridge viaduct or causeway, where such vehicle constitutes an obstruction to traffic.
(2) When a vehicle upon a highway, street or alley is so disabled as to constitute an obstruction to traffic and the person or persons in charge of the vehicle are by reason of physical injury incapacitated to such an extent as to be unable to provide for its custody or removal.
(3) When any vehicle is left abandoned or unattended upon a street, highway, other public thoroughfare or alley, and is so parked illegally as to constitute a definite hazard or obstruction to the normal movement of traffic.
(4) When any vehicle is left abandoned or unattended upon public property for over 24 hours.
(5) Immediate removal from the street or highway, or private property adjacent to the highway when any vehicle left abandoned, unattended, wrecked, burned or partially dismantled is creating a traffic hazard because of its position in relation to a street or highway or its physical appearance is causing the impeding of traffic.
(B) No person shall abandon any vehicle within the city and no person shall leave any vehicle at any place within the city for such time and under such circumstances as to cause such vehicle to reasonably appear abandoned. Further, no person shall leave any partially dismantled, inoperable, wrecked or junked vehicle on any street or highway or other public property. Any vehicle so left may be removed by the city through its lawful police force or by any police force acting on behalf of the city whenever any such vehicle is so parked illegally as to constitute a definite hazard or obstruction to the normal movement of traffic or is left unattended for over 24 hours.
(C) The abandonment of a vehicle or any part thereof on private property in view of the general public is unlawful except on property of the owner or bailee of such abandoned vehicle or any part thereof. A vehicle or any part thereof so abandoned on private property shall be authorized for removal by any police authority of the city or acting on behalf of the city after a waiting period of seven days from the time the abandoned vehicle or any part thereof was first made known to the police authority.
(D) No person shall leave any inoperable motor vehicle on private property for a period longer that seven days unless such inoperable vehicle is kept within a building when not in use, is a historic or antique vehicle as such vehicles are defined in ILCS Ch. 625, Act 5, § 1-102.1, (as amended), or such vehicle is on the premises of a place of business engaged in the wrecking or junking of motor vehicles and such business is duly licensed by the state and city, if applicable, to engage in such business. Any vehicle so left, whether on public or private, property, is declared a public nuisance. Any police authority of the city or acting on behalf of the city seven days after the existence and location of the inoperable motor vehicle has been brought to the police authority’s attention, may serve notice upon the owner or occupant of the property upon which the inoperable motor vehicle is located to remove and dispose of said vehicle. If the inoperable motor vehicle is not removed within seven days after receiving notice by certified mail, or service of process as provided by law, the property owner, or occupant, or both, will be responsible for all towing charges, storage charges, court costs and attorney fees, incurred by the city and shall be deemed to be in violation of this subchapter and may be fined by a court of competent jurisdiction for failure to obey the notice and dispose of the inoperable motor vehicle.
(E) The provisions of this subchapter and remedies provided herein are cumulative with and non-exclusive in accordance with the applicable provisions of the Illinois Compiled Statutes.
(Ord. 533, passed 4-20-87; Am. Ord. 653, passed 9-5-95) Penalty, see § 91.99
§ 91.47 REMOVAL OF ABANDONED, UNATTENDED OR INOPERABLE VEHICLES.
(A) The city police, or any police authority acting on behalf of the city to enforce this subchapter, is hereby authorized to remove any abandoned, unattended or inoperable vehicle in violation of the provisions of this subchapter. The police authority authorizing the towing shall keep and maintain a record of the vehicle towed, listing the color, year of manufacture, manufacturer’s trade name, manufacturer’s series name, body style, vehicle identification number, license plate year and number and registration sticker year and number displayed on the vehicle. The record shall also include the date and hour of tow, location towed from, location towed to, reason for towing, and the name of the police authority authorizing the tow. If the vehicle is removed from private property, the police authority authorizing the tow shall provide a written notice and serve same on the occupant of the real estate premises upon which the vehicle is located, if there is an occupant or any appearance that the premises may be occupied or in the event that the premises do not indicate occupation by a person, the policy authority shall post on the real estate premises the aforesaid notice, this notice to be served or posted at least 24 hours in advance of the removal of the vehicle. If, after notification, that vehicle has not been removed or placed within a lawful enclosure, the police authority may authorize the removal of the vehicle to the nearest garage or other place provided by the city for the storage and safekeeping of those vehicles.
(B) Whenever any police authority removes a vehicle from a street, highway, alley or other public way as authorized in this subchapter and the policy authority knows or is able to ascertain from the registration records in the vehicle the name and address of the owner thereof, the police authority shall immediately give or cause to be given notice in writing to the owner of the fact of the removal and the reasons therefor and the place to which the vehicle has been removed. In the event any such vehicle is stored in a public garage, a copy of that notice shall be sent to the proprietor of such garage.
(C) Whenever any police authority removes a vehicle from a street, highway, alley or other public way, and does not know and is not able to ascertain the name of the owner, or for any other reason is unable to give the notice to the owner as hereinbefore provided, and in the event the vehicle is not returned to the owner within a period of three days, then and in that event the police authority shall immediately send or cause to be sent a written report of the removal by mail to the agency or department of the state whose duty it is to register motor vehicles and shall file a copy of the notice with the proprietor of any public garage in which the vehicle may be stored. This notice shall include a complete description of the vehicle, the date, time and place from which removed, the reason for such removal, and the name of the garage or place where the vehicle is stored.
(D) Vehicles not claimed by the owner thereof may be disposed of after the time and in the manner as set forth in ILCS Ch. 625, Act 5, § 4-208, (as amended).
(E) All costs of towing and storing a vehicle under the provisions of this subchapter will be paid by the owner or by sale of the vehicle in accordance with the applicable laws providing for that sale.
(Ord. 533, passed 4-20-87)
§ 91.48 INOPERABLE MOTOR VEHICLES.
(A) Subject to the provisions of ILCS Ch. 65, Act 5, § 11-40-3.1, the City Council may by ordinance declare all inoperable motor vehicles, whether on public or private property and in view of the general public, to be a nuisance and authorize fines to be levied for the failure of any person to obey a notice received from the city which states that such person is to dispose of any inoperable motor vehicles under his control, and may authorize any police authority of the city or acting on behalf of the city or any member of any police authority’s force or department, with applicable jurisdiction, to remove, after seven days from the issuance of the municipal notice, any inoperable motor vehicle or parts thereof. However, nothing in this section shall apply to any motor vehicle that is kept within a building when not in use, to operable historic vehicles over 25 years of age or to a motor vehicle on the premises of a place of business engaged in the wrecking or junking of motor vehicles.
(B) As used in this section, INOPERABLE MOTOR VEHICLE means any motor vehicle from which, for a period of at least seven days or any greater period fixed by ordinance, the engine, wheels or other parts have been removed, or on which the engine, wheels or other parts have been altered, damaged or otherwise so treated that the vehicle is incapable of being driven under its own motor power. INOPERABLE MOTOR VEHICLE shall not include a motor vehicle which has been rendered temporarily incapable of being driven under its own motor power in order to perform ordinary service or repair operations.
(ILCS Ch. 65, Act 5, § 11-40-3)
ABATEMENT PROCEDURE
§ 91.60 INSPECTION OF PREMISES.
Whenever complaint is made that a public nuisance exists, or has existed, within the city, the Mayor or some other city official whom the Mayor shall designate shall forthwith inspect or cause to be inspected the premises and shall make a written report of his findings. Whenever practicable, the inspecting officer shall cause photographs to be made of the premises and shall file the same in the office of the City Clerk.
(Ord. 533, passed 4-20-87)
§ 91.61 SUMMARY ABATEMENT.
(A) Notice to owner. If the Mayor, based on the report of the inspecting officer, shall determine that a public nuisance exists on private property and that there is great and immediate danger to the public health, safety, peace, morals or decency, the Mayor may direct the police, or a deputy sheriff, to serve a notice on the owner, or, if the owner cannot be found, on the occupant or person causing, permitting or maintaining such nuisance and to post a copy of the notice on the premises. Such notice shall direct the owner, occupant or persons causing, permitting or maintaining a nuisance to abate or remove the nuisance within 24 hours and shall state that unless the nuisance is so abated, the city will cause the same to be abated and will charge the cost thereof to the owner, occupant or person causing, permitting or maintaining the same, as the case may be.
(B) Abatement by the city. If the nuisance is not abated within the time provided or if the owner, occupant or person causing the nuisance cannot be found, the Mayor, Police, or the Building Inspector, or some other city official whom the Mayor shall designate, shall cause the abatement or removal of such public nuisance.
(Ord. 533, passed 4-20-87)
§ 91.62 ABATEMENT BY COURT ACTION.
If the inspecting officer shall determine that a public nuisance exists on private premises, but that the nature of the nuisance is not such as to threaten great and immediate danger to the public health, safety, peace, morals or decency, he shall file a written report of his finds with the Mayor, who shall cause an action to abate the nuisance to be commenced in the name of the city.
(Ord. 533, passed 4-20-87)
§ 91.63 COST OF ABATEMENT.
In addition to any other penalty imposed for the erection, contrivance, creation, continuance or maintenance of a public nuisance, the cost of abating a public nuisance by the city shall be collected as a debt from the owner, occupant or person causing, permitting or maintaining the nuisance, and if notice to abate the nuisance has been given to the owner, such cost shall be assessed against the real estate as other special taxes.
(Ord. 533, passed 4-20-87)
§ 91.99 PENALTY.
(A) Any person violating this chapter shall be subject to the abatement provisions set forth in this chapter, and in addition thereto shall be subject to a fine of not less than $250 and not more than $500 with each day that the provisions of this chapter are violated constituting a separating offense. (Ord. 533, passed 4-20-87)
(B) Any person who violates or aids or abets in the violation of § 91.46(A) is guilty of a petty offense, and :
(1) Shall be fined not less than $50 or more than $100; and
(2) Shall be required by the court to make a disposition on the abandoned or unclaimed vehicle and pay all towing and storage charges pursuant to ILCS Ch. 625, Act 5, § 4-203(e).
(ILCS Ch. 625, Act 5, § 4-214)
APPENDIX: NOTICE OF INTENT TO TOW VEHICLE
CITY OF FARMER CITY, ILLINOIS,
POLICE DEPARTMENT
NOTICE OF INTENT TO TOW VEHICLE
To:
Name
Address
City, State, Zip
YOU ARE HEREBY NOTIFIED that the City of Farmer City, Illinois, intends to remove the following vehicle registered in your name, and which has been abandoned on municipal property:
Make Model Year
License Tag Serial Number
The City of Farmer City, Illinois, has determined that this vehicle is abandoned based on the following facts*:
A. Said vehicle is in a state of disrepair rendering the vehicle incapable of being driven in its condition.
B. Said vehicle has not been moved or used for seven consecutive days or more and is apparently deserted.
C. Said vehicle displays no valid registration rendering the vehicle incapable of being legally operated.
*Strike inapplicable paragraph.
YOU ARE FURTHER NOTIFIED that a hearing has been scheduled for the day of , 19 , at a.m./p.m. before Chief of Police, City of Farmer City Police Department, Farmer City, Illinois at the Farmer City Police Station located at City Hall, Main Street, Farmer City, Illinois 61842. At said hearing, facts concerning the abandonment of said vehicle will be presented. You may be present at this hearing to present evidence.
YOU ARE FURTHER NOTIFIED that at the conclusion of said hearing, if it is determined that the vehicle in question will be removed by the City of Farmer City, Illinois, you shall be responsible for towing and storage fees, in addition to any fine resulting from said abandonment.
13
14 Farmer City – General Regulations
Chief of Police
Farmer City, Illinois
STATE OF ILLINOIS )
) SS
COUNTY OF DeWITT )
I hereby certify that a copy of the above and foregoing Notice was*:
1. Personally served to all persons to whom the Notice is directed
2. Mailed by certified mail to all persons to whom the Notice is directed
3. Posted as provided in this form *(strike out inapplicable provisions)
*Strike inapplicable paragraph.
me this day of , 19 .
Notary Public
(Ord. 533, passed 4-20-87)
CHAPTER 92: STREETS AND SIDEWALKS
Section
General Provisions
92.01 Construction of public sidewalks; petition and payment
92.02 Maintenance of trees, bushes and similar growths on public rights-of-way
Snowmobile Routes
92.15 Definitions
92.16 Snowmobile route designations
92.17 Application; jurisdiction
92.18 Enforcement; inspection
Street Names and Address Numbering System
92.30 Purpose
92.31 Street address map, street name index
92.32 Centerlines
92.33 Street names
92.34 Names and spelling given to streets
92.35 Methods for determining address numbers
92.36 Name and number assignment review, approval
92.99 Penalty
GENERAL PROVISIONS
§ 92.01 CONSTRUCTION OF PUBLIC SIDEWALKS; PETITION AND PAYMENT.
(A) Public sidewalks may be constructed upon petition signed by the owner or owners of real property abutting the line of the proposed sidewalk according to the provisions of this section and the rules and regulations of the Street and Alley Committee of the City Council.
(B) The petition for a public sidewalk shall contain the name and address of each real property owner, the amount of frontage on the same and shall stipulate that the property owner or owners will pay one-third of the total cost of the proposed sidewalk along his, her or its property. The property owner shall pay to the city at the time the petition is presented, his, her or its one-third share of the estimated cost of the sidewalk.
(C) All sidewalks shall be constructed by the city by contract or by special agreement between the city and the property owner according to the following specifications. The concrete shall be made of the following materials or equivalents:
(1) The sidewalk and driveway approach shall be constructed of Class “X” concrete, which will be in accordance with the provisions set forth in Section 118.2 of the “Standard Specifications for Road and Bridge Construction of the State of Illinois, Division of Highways,” and as these specifications might from time-to-time be amended.
(2) The contractor shall not add water to the concrete surface once the concrete is poured, as a means of smoothing the surface, but shall ensure that the smoothing takes place immediately after the pour.
(3) When the average daily temperature is below 50°F., the newly laid concrete shall be protected with a layer of loose dry straw, which shall remain in place for ten days. When the minimum temperature is below 35°F., at any time during the first five days of the curing period, not less than 12 inches of loose, dry straw shall be placed immediately as a protection and shall remain on the pavement for ten days.
(4) Concrete should be poured no less than three-inch slump nor more than five-inch slump.
(5) Walks should be no less than four feet wide and shall be of a minimum thickness of four inches except at street or alley crossings and at driveways where the thickness shall be increased to a minimum of six inches.
(6) Walks should be scored or sawed at least each six lineal feet.
(7) Concrete should be protected from sun, wind and rain for no less than seven days to allow for proper curing.
(8) The finished surface shall not be left smooth, but at least light broomed or brush finished.
(9) Concrete should not be poured on frozen subbase or when freezing temperatures are expected unless properly protected. Subbase should be of fill sand or gravel compacted.
(10) All work must be done in a workmanlike manner.
(D) The city shall have full power, right and authority to remove any obstruction to the proper construction of any sidewalk to be built pursuant to this section.
(Ord. 419, passed 7-16-73; Am. Ord. 602, passed 7-6-92) Penalty, see § 92.99
§ 92.02 MAINTENANCE OF TREES, BUSHES AND SIMILAR GROWTHS ON PUBLIC RIGHTS-OF-WAY.
(A) The city requires the adjacent private property owner to maintain in satisfactory condition, or remove if in poor or dead condition, all trees, bushes, shrubs, hedges and other similar growth which occurs on private property but within the public right-of-way.
(B) The city reserves for itself only that maintenance, cutting, removal or similar activities involving trees, bushes, shrubs, hedges or other similar growth on private property but within the public right-of-way to the extent that it is necessary for the efficient and safe movement of vehicles, pedestrians and other legally authorized means of transport on that right-of-way, and for construction and repair of facilities.
(Ord. 576, passed 7-15-91) Penalty, see § 92.99
SNOWMOBILE ROUTES
§ 92.15 DEFINITIONS.
For the purposes of this subchapter, the words and phrases used herein shall have the meanings respectively ascribed to them under the Illinois Snowmobile Registration and Safety Act, ILCS Ch. 625, Act 40, § 1-1, et seq., as thereafter amended.
(Ord. 481, passed 2-18-80)
§ 92.16 SNOWMOBILE ROUTE DESIGNATIONS.
(A) It shall be unlawful to operate a snowmobile within the corporate limits of the city, except upon property owned by or upon which the owner has given express permission for such operation to the operator of that snowmobile, or upon the portions of the streets designated in a map of the city entitled “Snowmobile Route,” adopted by reference and made a part of this subchapter, which delineates certain streets as permissible for snowmobile traffic within the city limits, or upon any street which affords the most direct or safest course to the snowmobile route to or from the point where the snowmobile is housed, or to and from the point of entry or exit of the snowmobile to or from the city limits.
(B) The streets designated on the snowmobile route map as the east-west snowmobile route are as follows:
(1) High Street between the west city limits and Walnut Street;
(2) Walnut Street between East High Street and East Richardson Street; and
(3) East Richardson Street between Walnut Street and the east city limits.
(C) The street designated on the snowmobile route map as the north-south snowmobile route are as follows:
(1) Lincoln Street between the south city limits and East High Street;
(2) East and West High Street between Lincoln Street North William Street;
(3) North William Street between West High Street and Van Buren Street lying west of the Peoria and Eastern Railroad right-of-way;
(4) Van Buren Street between the Peoria and Eastern Railroad right-of-way and North John Street;
(5) North John Street between West Van Buren Street and the north city limits;
(6) That portion of the township road along the north side of section 28, township 21 north, range 5 east of the Third Principal Meridian, Santa Anna Township, DeWitt County, Illinois, between North John Street and the west city limits;
(7) Woodward Street between South Lincoln Street and Olive Street;
(8) Olive Street between Woodward Street and the west end of Olive Street; and
(9) The north and south alley between the west end of Olive Street and West Clinton Avenue.
(D) Any person who must deviate from the provisions of this subchapter because of an emergency involving danger to human life or health or property shall inform the police of this deviation and the reason why the deviation was necessary.
(Ord. 481, passed 2-18-80) Penalty, see § 92.99
§ 92.17 APPLICATION; JURISDICTION.
No portion of this subchapter shall preclude the state or its officers or agents from enforcing the Illinois Snowmobile Registration and Safety Act under ILCS Ch. 625, Act 40, §§ 1-1 through 12-1, and all amendments hereafter made.
(Ord. 481, passed 2-18-80)
§ 92.18 ENFORCEMENT; INSPECTION.
(A) It is the duty of police officers to arrest any person detected in violation of any provisions of this subchapter.
(B) Duly authorized police officers may stop and inspect any snowmobile at any time for the purpose of determining if the provisions of this subchapter are being complied with. Every snowmobile upon being halted by an officer of law enforcement must stop immediately.
(C) It is unlawful for any person to resist or obstruct any peace officer in discharging his duties under this subchapter.
(Ord. 481, passed 2-18-80) Penalty, see § 92.99
STREET NAMES AND ADDRESS NUMBERING SYSTEM
§ 92.30 PURPOSE.
This subchapter establishes a system for assigning street names and address numbers which will help the public and private sector in locating individual streets, buildings and places in an easy and logical manner and assist in the protection of public health and safety of all persons living, working or visiting in the city.
(Ord. 811, passed 1-24-05)
§ 92.31 STREET ADDRESS MAP, STREET NAME INDEX.
The official street address map is a part of this subchapter and is incorporated herein by reference. The map shall identify all named streets, numbering centerlines and block numbering grids which specify address number ranges. A typical section of land shall be divided into grids, north/south and east/west. Each grid interval shall be 320 feet, except in nonstandard grids identified on the map. Street names appear in § 92.34.
(Ord. 811, passed 1-24-05)
§ 92.32 CENTERLINES.
Market Street and its extension to the city’s east and west planning area boundaries shall be the centerline street for north and south address numbers. Main Street and its extension shall be the east and west centerline for east and west numbering.
(Ord. 811, passed 1-24-05)
§ 92.33 STREET NAMES.
(A) Street. For the purposes of this subchapter, the words “street,” “avenue,” or “road” shall mean all roadways, public and private, open for general public travel. Access drives to apartment and commercial complexes shall not be considered as streets and shall not be named as such.
(B) Cul-de-sac. Cul-de-sac streets which have only one entrance/exit shall not be called “avenue” or “street,” but shall have a suffix name such as “lane,” “place” or “terrace” to indicate their dead-end nature.
(C) Loop streets. Loop streets are circular or rectangular streets which begin at one point and end at another point along a common street and do not connect to any other streets. The street name suffixes on these streets must not be “street”, “avenue,” or “road” but shall be “loop,” “circle,” “court” or other name indicating a closed street layout.
(D) Street name index. An official street name index shall be maintained, which shall list every named street on the map with an alphanumeric reference to assist users in locating streets on the map.
(Ord. 811, passed 1-24-05)
§ 92.34 NAMES AND SPELLING GIVEN TO STREETS.
Street Name
Allen Street
Bluebell Lane
Brookview Drive
Bullard Street
Center Street
Chestnut Road
Clinton Avenue/Illinois 54
Crabtree Court
Depot Road
Dodge Street
Elm Street
Franklin Street
George Rock Drive
Green Street
Grove Street/U.S. 150
Hallam Street
Harrison Street
Haynie Street
High Street
Honeysuckle Lane
Indiana Street
Jackson Street
James Street
John Street
Lincoln Street
Linden Court
Madison Street
Main Street
Maple Street
Market Street
Monroe Street
Mt. Pleasant
Municipal Drive
Murphy Drive
North Street
Oak Lane
Ogle Street
Olive Street
Plum Street
Ponderosa Lane
Richardson Street
Service Way
South Drive
State Street
Stensel Drive
Summer Drive
Thomas Street
Van Buren Street
Walnut Street
Washington Street
West Street
Western Avenue
William Street
Woodward Avenue
(Ord. 811, passed 1-24-05)
§ 92.35 METHODS FOR DETERMINING ADDRESS NUMBERS.
(A) Odd, even numbering. Address numbers shall be even on the right side of the street and odd on the left side of the street as one faces east or west from Main Street or north or south from Market Street. One hundred numbers shall be assigned to each identified grid block, with the lowest number beginning at a point nearest the grid centerline. Address numbers shall be determined by the number grid in which the property is located. Typical block numbering system using 1200 block west of Main Street with a new number every 40 feet.
South side (left) North side (right)
1205 1200
1215 1210
1225 1220
1235 1230
1245 1240
1255 1250
1265 1260
1275 1270
1285 1280
1295 1290
(B) Diagonal and curving streets. Diagonal streets which run 45 degrees or less from a north/south line will be numbered by the north/south grid and those more than 45 degrees from the north/south line will be numbered by the east/west grid. Curving streets will be assigned numbers based upon the grid of their greatest length. For instance, if the beginning is more south than west of the end, then the north/south grid will be used.
(C) Loop streets and cul-de-sac. On loop streets and cul-de-sac streets, address numbering shall begin at the entrance nearest the grid centerline and increase to the opposite end as if the street were in a straight line. Block number changes will be made every 330 feet with odd and even numbers remaining on the same side of the street as they began.
(D) Apartments.
(1) Apartment buildings on public streets or private drives shall be assigned individual addresses. Apartments clustered about a central parking area immediately facing a public street shall also be assigned separate street addresses.
(2) When apartments are arranged along a private street, addresses can be assigned from this private street. A sign showing the apartment complex name, with the street address below it, must be posted at the entrance. In these instances a central postal facility for all apartments must be located so it is readily accessible to a mail carrier from the public street serving the complex.
(3) Each apartment must be identified on the exterior entrance by number or building letter and number for multiple buildings. The numbers shalt be in sequence: 1, 2, 3, etc. Apartments in lettered buildings shall have the building letter as part of each apartment number, such as B-210. When units are on multiple floors, ground floor numbers shall be in the 100 series (101, 102, 103), second floor in the 200 series (201, 202, 203), etc. If a common hallway is used for several apartments, the external hallway entrance to each apartment shall contain a list of the apartments served. When addressing townhouses and other buildings containing units separately owned, each address shall be placed on the principal external entryway to the unit.
(4) The official address for each apartment shall be the building address followed by the apartment number, for example, “329 Park Street, Apt. 8″. Addresses for units in apartment buildings not on a public street shall include the public street address and the building number with the apartment designation. The official address for each apartment will be the public street address followed by the building letter, a dash, and the apartment number, for example, “329 Park Street, Apt. C-104.”
(E) Mobile home parks.
(1) When trailers are arranged along a private street within mobile home parks, each private street within the mobile home park shall be named and a sign, as required by this subchapter for other private streets, shall be erected on each private street within the mobile home park.
(2) Each mobile home on such private street shall then be identified in numerical sequence as determined by calculation within the grid box. The number shall be placed in a conspicuous place on that part of the trailer closest to the street, and all mobile homes within the park shall be marked in the same location of the trailer. Address numbers shall be a minimum of three inches high with block letters and shall be visible from the street.
(Ord. 811, passed 1-24-05)
§ 92.36 NAME AND NUMBER ASSIGNMENT REVIEW, APPROVAL.
(A) Official records maintained. Official records of address numbers shall be maintained by the Police Department. The City Council shall have the final authority to change any assignment upon an appeal by any affected party.
(B) Proposed names and changes. All proposed street names and name changes shall be reviewed for continuity with this subchapter by the Police Chief, who shall recommend alternative names when a proposed name duplicates or is so similar to an existing name that confusion could hamper prompt delivery of emergency services. Appeals of street name assignment can be made to the City Council. The City Council shall have the final authority to change any assignment upon an appeal by any affected party.
(Ord. 811, passed 1-24-05)
§ 92.99 PENALTY.
(A) Whoever violates any provision of this chapter for which no penalty is otherwise provided shall be subject to the penalty provisions set forth in § 10.99.
(B) (1) Any person violating any of the provisions or failing to comply with any of the mandatory requirements of §§ 92.15 through 92.18 shall be punished by a fine not to exceed $100. Each person is guilty of a separate offense for each and every day during any portion of which any violation of any provision of §§ 92.15 through 92.18 is committed, continued or permitted by any such person, and he is punishable accordingly.
(2) In addition to or in conjunction with the above penalty, the registration and identification number of any snowmobile which is operated in violation of the provisions of §§ 92.15 through 92.18 shall be revoked and terminated upon the second such violation within the space of one year, this revocation being for a period of one calendar year commencing on the date of the second violation.
(Ord. 481, passed 2-18-80)
CHAPTER 93: BRUSH AND TREE LIMB REMOVAL
Section
93.01 Purpose
93.10 Schedule
93.20 Fees charged
93.30 Not to modify
§ 93.01 PURPOSE.
This chapter is added to the this code for the purpose of establishing collection fees when the city collects and disposed of brush and tree limbs at the request of private property owners within the city.
(Ord. 705, passed 12-7-98)
§ 93.10 SCHEDULE.
Not less than once a month at a day of the week to be established by the City Council, the employees of the city shall pick up and dispose of brush and tree limbs neatly piled adjacent to a public street or street curb, provided that said property owner shall first contact City Hall and request to be placed on the list for the next brush or tree limbs collection.
(Ord. 705, passed 12-7-98)
§ 93.20 FEES CHARGED.
The charge to the property owner per pick up shall be $20 per load or any portion of a load gathered from the requesting property owner at any one location. The fees so collected shall be deposited in a separate account and used only by direction of the City Council for acquisition of brush and limb clearing equipment.
(Ord. 705, passed 12-7-98)
§ 93.30 NOT TO MODIFY.
This provision for collection of brush or tree limbs shall have no effect and it is not intended to modify any provisions of the presiding ordinances city prohibiting nuisances or prohibiting deposit of such materials so as to interfere with sidewalk usage or traffic flow.
(Ord. 705, passed 12-7-98)
CHAPTER 94: GROUND FLOOR RESIDENCES ON MAIN STREET
Section
94.01 Purpose
94.10 Residential usage unlawful
94.20 Penalty; violations
94.30 All persons owning, occupying or renting
§ 94.01 PURPOSE.
This chapter is added to this code for the purpose of regulating uses of real estate in the city business district so as to promote the safety, health and welfare of the residents of the city and so as to provide uniform usage of a business district.
(Ord. 720, passed 8-16-99)
§ 94.10 RESIDENTIAL USAGE UNLAWFUL.
It shall be unlawful for any person to occupy or to allow occupancy for residential usage, the front 50% of the ground floor of any building located on Main Street between Route 54 on the south and Market Street on the north. Any residential usage in the rear 50% of the buildings must be separated from the front 50% with a floor to ceiling barrier wall.
(Ord. 720, passed 8-16-99; Am. Ord. 861, passed 10-5-09)
§ 94.20 PENALTY; VIOLATIONS.
The penalty for violation of this chapter shall be fine only not to exceed $500. Each day of violation shall constitute a separate offense.
(Ord. 702, passed 8-16-99)
§ 94.30 ALL PERSONS OWNING, OCCUPYING OR RENTING.
This chapter shall be binding upon all persons owning, occupying or renting a building or any portion thereof, on Main Street.
(Ord. 720, passed 8-16-99)
CHAPTER 95: CONSTRUCTION OF UTILITY FACILITIES IN THE PUBLIC RIGHTS-OF-WAY
Section
95.01 Purpose and scope
95.02 Definitions
95.03 Annual registration required
95.04 Permit required; applications and fees
95.05 Action on permit applications
95.06 Effect of permit
95.07 Revised permit drawings
95.08 Insurance
95.09 Indemnification
95.10 Security
95.11 Permit suspension and revocation
95.12 Change of ownership or owner’s identity or legal status
95.13 General construction standards
95.14 Traffic control
95.15 Location of facilities
95.16 Construction methods and materials
95.17 Vegetation control
95.18 Removal, relocation, or modification of utility facilities
95.19 Cleanup and restoration
95.20 Maintenance and emergency maintenance
95.21 Variances
95.22 Enforcement
95.99 Penalty
§ 95.01 PURPOSE AND SCOPE.
(A) Purpose. The purpose of this chapter is to establish policies and procedures for constructing facilities on rights-of-way within the city’s jurisdiction, which will provide public benefit consistent with the preservation of the integrity, safe usage, and visual qualities of the city rights-of-way and the city as a whole.
(B) Facilities subject to this chapter. This chapter applies to all facilities on, over, above, along, upon, under, across, or within the public rights-of-way within the jurisdiction of the city. A facility lawfully established before November 1, 2001 may continue to be maintained, repaired and operated by the utility as presently constructed and
located, except as may be otherwise provided in any applicable franchise, license or similar agreement.
(C) Franchises, licenses, or similar agreements. The city, in its discretion and as limited by law, may require utilities to enter into a franchise, license or similar agreement for the privilege of locating their facilities on, over, above, along, upon, under, across, or within the city rights-of-way. Utilities that are not required by law to enter into such an agreement may request that the city enter into such an agreement. In such an agreement, the city may provide for terms and conditions inconsistent with this chapter.
(D) Effect of franchises, licenses, or similar agreements.
(1) Utilities other than telecommunications providers. When a utility other than a telecommunications provider has a franchise, license or similar agreement with the city, such franchise, license or similar agreement shall govern and control during the term of such agreement and any lawful renewal or extension thereof.
(2) Telecommunications providers. If there is any conflict with, or inconsistency between, the provisions of this chapter and the provisions of any franchise, license or similar agreement between the city and any telecommunications provider, the provisions of such franchise, license or similar agreement shall govern and control during the term of such agreement and any lawful renewal or extension thereof.
(E) Conflicts with other chapters. This chapter supersedes all chapters or parts of chapters adopted prior hereto that are in conflict herewith, to the extent of such conflict is less stringent in the conflicting chapter.
(F) Conflicts with state and federal laws. If applicable federal or state laws or regulations conflict with the requirements of this chapter, the utility shall comply with the requirements of this chapter to the maximum extent possible without violating federal or state laws or regulations.
(G) Sound engineering judgment. The city shall use sound engineering judgment when administering this chapter and may vary the standards, conditions, and requirements expressed in this chapter when the city so determines. Nothing herein shall be construed to limit the ability of the city to regulate its rights-of-way for the protection of the public health, safety and welfare.
(Ord. 761, passed 10-15-01)
§ 95.02 DEFINITIONS.
As used in this chapter and unless the context clearly requires otherwise, the words and terms listed shall have the meanings ascribed to them in this section. Any term not defined in this section shall have the meaning ascribed to it in 92 Ill. Adm. Code § 530.30, unless the context clearly requires otherwise.
AASHTO. American Association of State Highway and Transportation Officials.
ANSI. American National Standards Institute.
APPLICANT. A person applying for a permit under this chapter.
ASTM. American Society for Testing and Materials.
BACKFILL. The methods or materials for replacing excavated material in a trench or pit.
BORE or BORING. To excavate an underground cylindrical cavity for the insertion of a pipe or electrical conductor.
CARRIER PIPE. The pipe enclosing the liquid, gas or slurry to be transported.
CASING. A structural protective enclosure for transmittal devices such as: carrier pipes, electrical conductors, and fiber optic devices.
CITY. The city of Farmer City, Illinois.
CLEAR ZONE. The total roadside border area, starting at the edge of the pavement, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a nonrecoverable slope, and a clear run-out area. The desired width is dependent upon the traffic volumes and speeds, and on the roadside geometry. Distances are specified in the AASHTO Roadside Design Guide.
COATING. Protective wrapping or mastic cover applied to buried pipe for protection against external corrosion.
CODE. The Code of Ordinances of the city of Farmer City, Illinois.
CONDUCTOR. Wire carrying electrical current.
CONDUIT. A casing or encasement for wires or cables.
CONSTRUCTION or CONSTRUCT. The installation, repair, maintenance, placement, alteration, enlargement, demolition, modification or abandonment in place of facilities.
COVER. The depth of earth or backfill over buried utility pipe or conductor.
CROSSING FACILITY. A facility that crosses one or more right-of-way lines of a right-of-way.
CITY MANAGER. The City of Farmer City City Manager or his or her designee.
DISRUPT THE RIGHT-OF-WAY. For the purposes of this chapter, any work that obstructs the right-of-way or causes a material adverse effect on the use of the right-of-way for its intended use. Such work may include, without limitation, the following: excavating or other cutting; placement (whether temporary or permanent) of materials, equipment, devices, or structures; damage to vegetation; and compaction or loosening of the soil, and shall not include the parking of vehicles or equipment so that it does not materially obstruct the flow of traffic on a highway.
EMERGENCY. Any immediate maintenance to the facility required for the safety of the public using or near the right-of-way or immediate maintenance required for the health and safety of the general public served by the utility.
ENCASEMENT. Provision of a protective casing.
EQUIPMENT. Materials, tools, implements, supplies, and/or other items used to facilitate construction of facilities.
EXCAVATION. The making of a hole or cavity by removing material, or laying bare by digging.
EXTRA HEAVY PIPE. Pipe meeting ASTM standards for this pipe designation.
FACILITY. All structures, devices, objects, and materials (including track and rails, wires, ducts, fiber optic cable, communications and video cables and wires, poles, conduits, grates, covers, pipes, cables, and appurtenances thereto) located on, over, above, along, upon, under, across, or within rights-of-way under this chapter, except those owned by the city.
FREESTANDING FACILITY. A facility that is not a crossing facility or a parallel facility, such as an antenna, transformer, pump, or meter station.
FRONTAGE ROAD. Roadway, usually parallel, providing access to land adjacent to the highway where it is precluded by control of access on highway.
HAZARDOUS MATERIALS. Any substance or material which, due to its quantity, form, concentration, location, or other characteristics, is determined by the Director of Public Works to pose an unreasonable and imminent risk to the life, health or safety of persons or property or to the ecological balance of the environment, including, but not limited to explosives, radioactive materials, petroleum or petroleum products or gases, poisons, etiology (biological) agents, flammables, corrosives or any substance determined to be hazardous or toxic under any federal or state law, statute or regulation.
HIGHWAY CODE. The Illinois Highway Code, ILCS Ch. 605, Act 5, §§ 11-101 et seq., as amended from time to time.
HIGHWAY. A specific type of right-of-way used for vehicular traffic including rural or urban roads or streets. HIGHWAY includes all highway land and improvements, including roadways, ditches and embankments, bridges, drainage structures, signs, guardrails, protective structures and appurtenances necessary or convenient for vehicle traffic.
IDOT. Illinois Department of Transportation.
ILCC Illinois Commerce Commission.
JACKING. Pushing a pipe horizontally under a roadway by mechanical means with or without boring.
JETTING. Pushing a pipe through the earth using water under pressure to create a cavity ahead of the pipe.
JOINT USE. The use of pole lines, trenches or other facilities by two or more utilities.
MAJOR INTERSECTION. The intersection of two or more major arterial highways.
OCCUPANCY. The presence of facilities on, over or under right-of-way.
PARALLEL FACILITY. A facility that is generally parallel or longitudinal to the centerline of a right-of-way.
PARKWAY. Any portion of the right-of-way not improved by street or sidewalk.
PAVEMENT CUT. The removal of an area of pavement for access to facility or for the construction of a facility.
PERMITTEE. That entity to which a permit has been issued pursuant to §§ 95.04 and 95.05.
PRACTICABLE. That which is performable, feasible or possible, rather than that which is simply convenient.
PRESSURE. The internal force acting radially against the walls of a carrier pipe expressed in pounds per square inch gauge (psig).
PETROLEUM PRODUCTS PIPELINES. Pipelines carrying crude or refined liquid petroleum products including, but not limited to, gasoline, distillates, propane, butane, or coal-slurry.
PROMPT. That which is done within a period of time specified by the city. If no time period is specified, the period shall be 30 days.
PUBLIC ENTITY. A legal entity that constitutes or is part of the government, whether at local, state or federal level.
RESTORATION. The repair of a right-of-way, highway, roadway, or other area disrupted by the construction of a facility.
RIGHT-OF-WAY. Any street, alley, other land or waterway, dedicated or commonly used for utility purposes, including utility easements in which the city has the right and authority to authorize, regulate or permit the location of facilities other than those of the city. RIGHT-OF-WAY shall not include any real or personal city property that is not specifically described in the previous two sentences and shall not include city buildings, fixtures, and other structures or improvements, regardless of whether they are situated in the right-of-way.
ROADWAY. That part of the highway that includes the pavement and shoulders.
SALE OF TELECOMMUNICATIONS AT RETAIL. The transmitting, supplying, or furnishing of telecommunications and all services rendered in connection therewith for a consideration, other than between a parent corporation and its wholly owned subsidiaries or between wholly owned subsidiaries, when the gross charge made by one such corporation to another such corporation is not greater than the gross charge paid to the retailer for their use or consumption and not for sale.
SECURITY FUND. That amount of security required pursuant to § 95.10.
SHOULDER. A width of roadway, adjacent to the pavement, providing lateral support to the pavement edge and providing an area for emergency vehicular stops and storage of snow removed from the pavement.
SOUND ENGINEERING JUDGMENT. A decision(s) consistent with generally accepted engineering principles, practices and experience.
TELECOMMUNICATIONS. This term includes, but is not limited to, messages or information transmitted through use of local, toll, and wide area telephone service, channel services, telegraph services, teletypewriter service, computer exchange service, private line services, specialized mobile radio services, or any other transmission of messages or information by electronic or similar means, between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite, or similar facilities. Unless the context clearly requires otherwise. “telecommunications” shall also include wireless telecommunications as defined in the Illinois Telecommunications Infrastructure Maintenance Fee Act, ILCS Ch. 35, Act 635, §§ 1 et seq. TELE-COMMUNICATIONS shall not include value-added services in which computer processing applications are used to act on the form, content, code, and protocol of the information for purposes other than transmission. TELECOMMUNICATIONS shall not include purchase of telecommunications by a telecommunications service provider for use as a component part of the service provided by him or her to the ultimate retail consumer who originates or terminates the end-to-end communications. Retailer access charges, right of access charges, charges for use of intercompany facilities, and all tele-communications resold in the subsequent provision and used as a component of, or integrated into, end-to-end telecommunications service shall not be included in gross charges as sales for resale. TELECOMMUNICATIONS shall not include the provision of cable services through a cable system as defined in the Cable Communications Act of 1984 (47 U.S.C. Sections 521 and following) as now or hereafter amended or cable or other programming services subject to an open video system fee payable to the city through an open video system as defined in the Rules of the Federal Communications Commission (47 C.D.F. 76.1550 and following) as now or hereafter amended.
TELECOMMUNICATIONS PROVIDER. Any person that installs, owns, operates or controls facilities in the public right-of-way used or designed to be used to transmit telecommunications in any form.
TELECOMMUNICATIONS RETAILER. Every person engaged in making sales of telecommunications at retail as defined herein.
TRENCH. A relatively narrow open excavation for the installation of an underground facility.
UTILITY. The individual or entity owning or operating any facility as defined in this chapter.
VENT. A pipe to allow the dissipation into the atmosphere of gases or vapors from an underground casing.
WATER LINES. Pipelines carrying raw or potable water.
WET BORING. Boring using water under pressure at the cutting auger to soften the earth and to provide a sluice for the excavated material.
(Ord. 761, passed 10-15-01)
§ 95.03 ANNUAL REGISTRATION REQUIRED.
Every utility that occupies right-of-way within the city shall register on January 1 of each year with the City Clerk, providing the utility’s name, address and regular business telephone and fax numbers, the name of one or more contact persons who can act on behalf of the utility about emergencies involving the utility’s facilities in the right-of-way and a 24-hour telephone number for each such person, and evidence of insurance as required in § 95.08, in the form of a certificate of insurance. A telecommunications provider that has registered under this section, shall be deemed to have satisfied the registration requirement under § 95.02.
(Ord. 761, passed 10-15-01) Penalty, see § 95.99
§ 95.04 PERMIT REQUIRED; APPLICATIONS AND FEES.
(A) Permit required. No person shall construct (as defined in this chapter) any facility on, over, above, along, upon, under, across, or within any city right-of-way which changes the location of the facility, adds a new facility, disrupts the right-of-way (as defined in this chapter), or materially increases the area or space occupied by the facility on, over, above, along, under across or within the right-of-way, without first filing an application with the city and obtaining a permit from the city therefor, except as otherwise provided in this chapter. No permit shall be required for installation and maintenance of service connections to customers’ premises where there will be no disruption of the right-of-way.
(B) Permit application. All applications for permits pursuant to this chapter shall be filed on a form provided by the city and shall be filed in such number of duplicate copies as the city may designate. The applicant may designate those portions of its application materials that it reasonably believes contain proprietary or confidential information as “proprietary” or “confidential” by clearly marking each page of such materials accordingly.
(C) Minimum general application requirements. The application shall be made by the utility or its duly authorized representative and shall contain, at a minimum, the following:
(1) The utility’s name and address and telephone and fax numbers;
(2) The applicant’s name and address, if different from the utility, its telephone, fax numbers, e-mail address, and its interest in the work;
(3) The names, addresses and telephone and fax numbers and e-mail addresses of all professional consultants, if any, advising the applicant with respect to the application;
(4) A general description of the proposed work and the purposes and intent of the facility and the uses to which the facility will be put. The scope and detail of such description shall be appropriate to the nature and character of the work to be performed, with special emphasis on those matters likely to be affected or impacted by the work proposed;
(5) Evidence that the utility has placed on file with the city:
(a) A written traffic control plan demonstrating the protective measures and devices that will be employed consistent with the Illinois Manual on Uniform Traffic Control Devices, to prevent injury or damage to persons or property and to minimize disruptions to efficient pedestrian and vehicular traffic; and
(b) An emergency contingency plan which shall specify the nature of potential emergencies, including, without limitation, construction and hazardous materials emergencies, and the intended response by the applicant. The intended response shall include notification to the city and shall promote protection of the safety and convenience of the public. Compliance with ILCC regulations for emergency contingency plans constitutes compliance with this section unless the city finds that additional information or assurances are needed;
(6) Drawings, plans and specifications showing the work proposed, including the certification of an engineer that such drawings, plans, and specifications comply with applicable codes, rules, and regulations;
(7) Evidence of insurance as required in § 95.08;
(8) Evidence of posting of the security fund as required in § 95.10;
(9) Any request for a variance from one or more provisions of this chapter (see § 95.21); and
(10) Such additional information as may be reasonably required by the city.
(D) Supplemental application requirements for specific types of utilities. Besides the requirements of division (C) of this section, the permit application shall include the following items as applicable to the specific utility that is the subject of the permit application:
(1) For new electric power, communications or natural gas distribution system installation, evidence that a certificate of public convenience and necessity has been issued by the ILCC that the applicant is required by law, or has elected, to obtain;
(2) For natural gas systems, state the proposed pipe size, design, construction class, and operating pressures;
(3) For water lines, indicate that all requirements of the Illinois Environmental Protection Agency, Division of Public Water Supplies, have been satisfied;
(4) For sewer line installations, indicate that the land and water pollution requirements of the Illinois Environmental Protection Agency, Division of Water Pollution Control, have been satisfied; or
(5) For petroleum products pipelines, state the type or types of petroleum products, pipe size, maximum working pressure, and the design standard to be followed.
(E) Applicant’s duty to update information. Throughout the entire permit application review period and the construction period authorized by the permit, any amendments to information contained in a permit application shall be submitted by the utility in writing to the city within 30 days after the change necessitating the amendment.
(F) Application fees. No application fee is required to be paid by any telecommunications retailer that is paying the municipal tele-communications infrastructure maintenance fee or the optional state telecommunications infrastructure maintenance fee pursuant to the Telecommunications Municipal Infrastructure Maintenance Fee Act, or by any electricity utility that is paying the municipal electricity infrastructure maintenance fee pursuant to the Electricity Infrastructure Maintenance Fee Act.
(Ord. 761, passed 10-15-01) Penalty, see § 95.99
§ 95.05 ACTION ON PERMIT APPLICATIONS.
(A) City review of permit applications. Completed permit applications, containing all required documentation, shall be examined by the city within a reasonable time after filing. If the application does not conform to the requirements of all applicable ordinances, codes, laws, rules, and regulations, the city shall reject such application in writing, stating the reasons therefor. If the city is satisfied that the proposed work conforms to the requirements of this chapter and all applicable ordinances, codes, laws, rules, and regulations, the city shall issue a permit therefor as soon as practicable.
(B) Additional city review of applications of telecommunications retailers.
(1) Pursuant to ILCS Ch. 220, Act 65, § 4, a telecommunications retailer shall notify the city that it intends to commence work governed by this chapter for facilities for the provision of telecommunications services. Such notice shall consist of plans, specifications, and other documentation sufficient to demonstrate the purpose and intent of the facilities, and shall be provided by the telecommunications retailer to the city not less than ten days before the commencement of work requiring no excavation and not less than 30 days before to the commencement of work requiring excavation. The city shall specify the portion of the right-of-way upon which the facility may be placed, used and constructed.
(2) If the city fails to provide such specification of location to the telecommunications retailer within either ten days after service of notice to the city by the telecommunications retailer for work not involving excavation for new construction or 25 days after service of notice by the tele-communications retailer for work involving excavation for new construction, the telecommuni-cations retailer may commence work without obtaining a permit under this chapter.
(3) Upon the provision of such specification by the city, where a permit is required for work pursuant to § 95.04 the telecommunications retailer shall submit to the city an application for a permit and all plans, specifications and documentation available regarding the facility to be constructed. Such application shall be subject to the requirements of division (A) of this section.
(Ord. 761, passed 10-15-01)
§ 95.06 EFFECT OF PERMIT.
(A) Authority granted; no property right or other interest created. A permit from the city authorizes a permittee to undertake only certain activities according to this chapter on city rights-of-way, and does not create a property right or grant authority to the permittee to impinge upon the rights of others who may have an interest in the public rights-of-way.
(B) Compliance with all laws required. The issuance of a permit by the city does not excuse the permittee from complying with other requirements of the city and all applicable statutes, laws, ordinances, rules, and regulations.
(Ord. 761, passed 10-15-01)
§ 95.07 REVISED PERMIT DRAWINGS.
When the actual locations of any facilities deviate in any material respect from the locations identified in the plans, drawings and specifications submitted with the permit application, the permittee shall submit a revised set of drawings or plans to the city within 90 days after the completion of the permitted work. The revised drawings or plans shall specifically identify where the locations of the actual facilities deviate from the locations approved in the permit. If any deviation from the permit also deviates from the requirements of this chapter, it shall be treated as a request for variance according to § 95.21. If the city denies the request for a variance, then the permittee shall either remove the facility from the right-of-way or modify the facility so that it conforms to the permit and submit revised drawings or plans therefor.
(Ord. 761, passed 10-15-01)
§ 95.08 INSURANCE.
(A) Required coverages and limits. Unless otherwise provided by franchise, license, or similar agreement, each utility occupying right-of-way or constructing any facility in the right-of-way shall secure and maintain the following liability insurance policies insuring the utility as named insured and naming the city, and its elected and appointed officers, officials, agents, and employees as additional insureds on the policies listed in divisions (A)(1) and (2) below:
(1) Commercial general liability insurance, including premises-operations, explosion, collapse, and underground hazard (commonly called “X,” “C,” and “U” coverages) and products-completed operations coverage with limits not less than:
(a) Five million dollars for bodily injury or death to each person;
(b) Five million dollars for property damage resulting from any one accident; and
(c) Five million dollars for all other types of liability;
(2) Automobile liability for owned, non-owned and hired vehicles with a combined single limit of $1,000,000 for personal injury and property damage for each accident;
(3) Worker’s compensation with statutory limits; and
(4) Employer’s liability insurance with limits of not less than $1,000,000 per employee and per accident.
(B) Excess or umbrella policies. The coverages required by this section may be in any combination of primary, excess, and umbrella policies. Any excess or umbrella policy must provide excess coverage over underlying insurance on a following-form basis such that when any loss covered by the primary policy exceeds the limits under the primary policy, the excess or umbrella policy becomes effective to cover such loss.
(C) Copies required. The utility shall provide copies of any of the policies required by this section to the city within ten days following receipt of a written request therefor from the city.
(D) Maintenance and renewal of required coverages. The insurance policies required by this section shall contain the following endorsement:
“It is hereby understood and agreed that this policy may not be canceled nor the intention not to renew be stated until thirty (30) days after receipt by the city of Farmer City, by registered mail or certified mail, return receipt requested, of a written notice addressed to the city of Farmer City city clerk of such intent to cancel or not to renew.”
Within ten days after receipt by the city of said notice, and in no event later than ten days before said cancellation, the utility shall obtain and furnish to the city evidence of replacement insurance policies meeting the requirements of this section.
(E) Self-insurance. A utility may self-insure all or part of the insurance coverage and limit requirements required by division (A) of this section. A utility that self-insures is not required, to the extent of such self-insurance, to comply with the requirement for the naming of additional insureds under division (A) of this section, or the requirements of divisions (B), (C) and (D) of this section. A utility that elects to self-insure shall provide to the city evidence sufficient to demonstrate its financial ability to self-insure the insurance coverage and limit requirements required under division (A) of this section, such as evidence that the utility is a “private self-insurer” under the Workers Compensation Act.
(F) Effect of insurance and self-insurance on utility’s liability. The legal liability of the utility to the city and any person for any of the matters that are the subject of the insurance policies or self-insurance required by this section shall not be limited by such insurance policies or self-insurance or by the recovery of any amounts thereunder.
(Ord. 761, passed 10-15-01) Penalty, see § 95.99
§ 95.09 INDEMNIFICATION.
By occupying or constructing facilities in the right-of-way, a utility shall be deemed to agree to defend, indemnify and hold the city and its elected and appointed officials and officers, employees, agents and representatives harmless from and against any and all injuries, claims, demands, judgments, damages, losses and expenses, including reasonable attorney’s fees and costs of suit or defense, arising out of, resulting from or alleged to arise out of or result from the negligent, careless or wrongful acts, omissions, failures to act or misconduct of the utility or its affiliates, officers, employees, agents, contractors or subcontractors in the construction of facilities or occupancy of the rights-of-way, and in providing or offering service over the facilities, whether such acts or omissions are authorized, allowed or prohibited by this chapter or by a franchise, license, or similar agreement; provided, however, that the utility’s indemnity obligations hereunder shall not apply to any injuries, claims, demands, judgments, damages, losses or expenses arising out of or resulting from the negligence, misconduct or breach of this chapter by the city, its officials, officers, employees, agents or representatives.
(Ord. 761, passed 10-15-01)
§ 95.10 SECURITY.
(A) Purpose. The permittee shall establish a security fund in a form and in an amount as set forth in this section. The security fund shall be continuously maintained according to this section at the permittee’s sole cost and expense until the completion of the work authorized under the permit. The security fund shall serve as security for:
(1) The faithful performance by the permittee of all the requirements of this chapter;
(2) Any expenditure, damage, or loss incurred by the city occasioned by the permittee’s failure to comply with any codes, rules, regulations, orders, permits and other directives of the city issued pursuant to this chapter; and
(3) The payment by permittee of all liens and all damages, claims, costs, or expenses that the city may pay or incur because of any action or nonperformance by permittee violating this chapter including, without limitation, any damage to public property or restoration work the permittee is required by this chapter to perform that the city must perform itself or have completed as a consequence solely of the permittee’s failure to perform or complete, and all other payments due the city from the permittee pursuant to this chapter or any other applicable law.
(B) Form. The permittee shall provide the security fund to the city in the form, at the permittee’s election, of cash, a surety bond in a form acceptable to the city, or an unconditional letter of credit in a form acceptable to the city. Any surety bond or letter of credit provided pursuant to this division shall, at a minimum:
(1) Provide that it will not be canceled without prior notice to the city and the permittee;
(2) Not require the consent of the permittee prior to the collection by the city of any amounts covered by it; and
(3) Shall provide a location convenient to the city and within the state at which it can be drawn.
(C) Amount. The dollar amount of the security fund shall be sufficient to provide for the reasonably estimated cost to restore the right-of-way to at least as good a condition as that existing before the construction under the permit, as determined by the Director of Public Works, and may also include reasonable, directly related costs that the city estimates are likely to be incurred if the permittee fails to perform such restoration. Where the construction of facilities proposed under the permit will be performed in phases in multiple locations in the city, with each phase consisting of construction of facilities in one location or a related group of locations, and where construction in another phase will not be undertaken before substantial completion of restoration in the previous phase or phases, the city may, in the exercise of sound discretion, allow the permittee to post a single amount of security which shall be applicable to each phase of the construction under the permit. The amount of the security fund for phased construction shall be equal to the greatest amount that would have been required under the provisions of this division (C) for any single phase.
(D) Withdrawals. The city, upon 14 days’ advance written notice clearly stating the reason for, and its intention to exercise withdrawal rights under this division, may withdraw an amount from the security fund, if the permittee has not reimbursed the city for such amount within the 14 day notice period. Withdrawals may be made if the permittee:
(1) Fails to make any payment required to be made by the permittee hereunder;
(2) Fails to pay any liens relating to the facilities that are due and unpaid;
(3) Fails to reimburse the city for any damages, claims, costs or expenses which the city has been compelled to pay or incur because of any action or nonperformance by the permittee; or
(4) Fails to comply with any provision of this chapter that the city determines can be remedied by an expenditure of an amount in the security fund.
(E) Replenishment. Within 14 days after receipt of written notice from the city that any amount has been withdrawn from the security fund, the permittee shall restore the security fund to the amount specified in division (C) of this section.
(F) Interest. The permittee may request that all interest accrued on the amount in the security fund be returned to the permittee by the city, upon written request for said withdrawal to the city, if any such withdrawal does not reduce the security fund below the minimum balance required in division (C) of this section.
(G) Closing and return of security fund. Upon completion of the work authorized under the permit, the permittee shall be entitled to the return of the security fund, or such portion thereof as remains on deposit, within a reasonable time after account is taken for all offsets necessary to compensate the city for failure by the permittee to comply with any provisions of this chapter or other applicable law. In case of any revocation of the permit, the security fund, and all accrued interest therein, shall become the property of the city to the extent necessary to cover any reasonable costs, loss or damage incurred by the city because of said revocation, if any amounts greater than said costs, loss or damage shall be refunded to the permittee.
(H) Rights not limited. The rights reserved to the city with respect to the security fund are in addition to all other rights of the city, whether reserved by this chapter or otherwise authorized by law, and no action, proceeding or exercise of right with respect to said security fund shall affect any other right the city may have. Notwithstanding the foregoing, the city shall not be entitled to a double monetary recovery with respect to any of its rights which may be infringed or otherwise violated.
(Ord. 761, passed 10-15-01) Penalty, see § 95.99
§ 95.11 PERMIT SUSPENSION AND REVOCATION.
(A) City right to revoke permit. The city may revoke or suspend a permit issued pursuant to this chapter for one or more of the following reasons:
(1) Fraudulent, false, misrepresenting, or materially incomplete statements in the permit application;
(2) Noncompliance with this chapter;
(3) Permittee’s physical presence or presence of permittee’s facilities on, over, above, along, upon, under, across, or within the public rights-of-way presents a direct or imminent threat to the public health, safety, or welfare; or
(4) Permittee’s failure to construct the facilities substantially according to the permit and approved plans.
(B) Notice of revocation or suspension. The city shall send written notice of its intent to revoke or suspend a permit issued pursuant to this chapter stating the reason or reasons for the revocation or suspension and the alternatives available to permittee under this section.
(C) Permittee alternatives upon receipt of notice of revocation or suspension.
(1) Upon receipt of a written notice of revocation or suspension from the city, the permittee shall have the following options:
(a) Immediately provide the city with evidence that no cause exists for the revocation or suspension;
(b) Immediately correct, to the satisfaction of the city, the deficiencies stated in the written notice, providing written proof of such correction to the city within five working days after receipt of the written notice of revocation; or
(c) Immediately remove the facilities located on, over, above, along, upon, under, across, or within the public rights-of-way and restore the rights-of-way to the satisfaction of the city providing written proof of such removal to the city within ten days after receipt of the written notice of revocation.
(2) The city may, in its discretion, for good cause shown, extend the time periods provided in this division.
(D) Stop work order. Besides the issuance of a notice of revocation or suspension, the city may issue a stop work order immediately upon discovery of any of the reasons for revocation set forth within division (A) of this section.
(E) Failure or refusal of the permittee to comply. If the permittee fails to comply with the provisions of division (C) of this section, the city or its designee may, at the option of the city: correct the deficiencies; upon not less than 20 days notice to the permittee, remove the subject facilities or equipment; or after not less than 30 days notice to the permittee of failure to cure the noncompliance, deem them abandoned and property of the city. The permittee shall be liable in all events to the city for all costs of removal.
(Ord. 761, passed 10-15-01)
§ 95.12 CHANGE OF OWNERSHIP OR OWNER’S IDENTITY OR LEGAL STATUS.
(A) Notification of change. A utility shall notify the city no less than 30 days before the transfer of ownership of any facility in the right-of-way or change in identity of the utility. The new owner of the utility or the facility shall have all the obligations and privileges enjoyed by the former owner under the permit, if any, and all applicable laws, ordinances, rules and regulations, including this chapter, with respect to the work and facilities in the right-of-way.
(B) Amended permit. A new owner shall request that any current permit be amended to show current ownership. If the new owner fails to have a new or amended permit issued in its name, the new owner shall be presumed to have accepted, and agreed to be bound by, the terms and conditions of the permit if the new owner uses the facility or allows it to remain on the city’s right-of-way.
(C) Insurance and bonding. All required insurance coverage or bonding must be changed to reflect the name of the new owner upon transfer.
(Ord. 761, passed 10-15-01) Penalty, see § 95.99
§ 95.13 GENERAL CONSTRUCTION STANDARDS.
(A) Standards and principles. All construction in the right-of-way shall be consistent with applicable ordinances, codes, laws, rules and regulations, and commonly recognized and accepted traffic control and construction principles, sound engineering judgment and, where applicable, the principles and standards set forth in the following IDOT publications:
(1) Standard Specifications for Road and Bridge Construction;
(2) Supplemental Specifications and Recurring Special Provisions;
(3) Highway Design Manual;
(4) Highway Standards Manual;
(5) Standard Specifications for Traffic Control Items;
(6) Illinois Manual on Uniform Traffic Control Devices (92 Ill. Adm. Code § 545);
(7) Flagger’s Handbook; and
(8) Work Site Protection Manual for Daylight Maintenance Operations.
(B) Interpretation of municipal standards and principles. If a discrepancy exists between or among differing principles and standards required by this chapter, the City Manager shall determine, in the exercise of sound engineering judgment, which principles apply and such decision shall be final. If requested, the City Manager shall state which standard or principle will apply to the construction, maintenance, or operation of a facility in the future.
(Ord. 761, passed 10-15-01) Penalty, see § 95.99
§ 95.14 TRAFFIC CONTROL.
(A) Minimum requirements. The city’s minimum requirements for traffic protection are contained in IDOT’s Illinois Manual on Uniform Traffic Control Devices and this code.
(B) Warning signs, protective devices, and flaggers. The utility is responsible for providing and installing warning signs, protective devices and flaggers, when necessary, meeting all applicable federal, state, and local requirements for protection of the public and the utility’s workers when performing any work on the public rights-of-way.
(C) Interference with traffic. All work shall be phased so that there is minimum interference with pedestrian and vehicular traffic.
(D) Notice when access is blocked. At least 48 hours before beginning work that will partially or completely block access to any residence, business or institution, the utility shall notify the resident, business or institution of the approximate beginning time and duration of such work; provided, however, that in cases involving emergency repairs pursuant to § 95.20, the utility shall provide such notice as is practicable under the circumstances.
(E) Compliance. The utility shall take immediate action to correct any deficiencies in traffic protection requirements brought to the utility’s attention by the city.
(Ord. 761, passed 10-15-01) Penalty, see § 95.99
§ 95.15 LOCATION OF FACILITIES.
(A) Parallel facilities located within highways.
(1) Overhead parallel facilities. An overhead parallel facility may be located within the right-of-way lines of a highway only if:
(a) Lines are located as near as practicable to the right-of-way line and as nearly parallel to the right-of-way line as reasonable pole alignment will permit;
(b) Where pavement is curbed, poles are as remote as practicable from the curb with a minimum distance of two feet (0.6 m) behind the face of the curb, where available;
(c) Where pavement is uncurbed, poles are as remote from pavement edge as practicable with minimum distance of four feet (1.2 m) outside the outer shoulder line of the roadway and are not within the clear zone;
(d) No pole is located in the ditch line of a highway; and
(e) Any ground-mounted appurtenance is located within one foot (0.3 m) of the right-of-way line or as near as possible to the right-of-way line.
(2) Underground parallel facilities. An underground parallel facility may be located within the right-of-way lines of a highway only if:
(a) The facility is located as near the right-of-way line as practicable and not more than eight feet (2.4 m) from and parallel to the right-of-way line;
(b) A new facility may be located under the paved portion of a highway only if other locations are impracticable or inconsistent with sound engineering judgment (e.g., a new cable may be installed in existing conduit without disrupting the pavement); and
(c) For an underground power or communications line, the facility shall be located as near the right-of-way line as practicable and not more than five feet (1.5 m) from the right-of-way line and any above-grounded appurtenance shall be located within one foot (0.3 m) of the right-of-way line or as near as practicable.
(B) Facilities crossing highways.
(1) No future disruption. The construction and design of crossing facilities installed between the ditch lines or curb lines of city highways may require the incorporation of materials and protections (such as encasement or additional cover) to avoid settlement or future repairs to the roadbed resulting from the installation of such crossing facilities.
(2) Cattle passes, culverts, or drainage facilities. Crossing facilities shall not be located in cattle passes, culverts, or drainage facilities.
(3) Ninety degree crossing required. Crossing facilities shall cross at or as near to a 90 degree angle to the centerline as practicable.
(4) Overhead power or communication facility. An overhead power or communication facility may cross a highway only if:
(a) It has a minimum vertical line clearance as required by ILCC’s rules entitled, “Construction of Electric Power and Communication Lines” (83 Ill. Adm. Code 305);
(b) Poles are located within one foot (0.3 m) of the right-of-way line of the highway and outside the clear zone; and
(c) Overhead crossings at major intersections are avoided.
(5) Underground power or communication facility. An underground power or communication facility may cross a highway only if:
(a) The design materials and construction methods will provide maximum maintenance-free service life; and
(b) Capacity for the utility’s foreseeable future expansion needs is provided in the initial installation.
(6) Markers. The city may require the utility to provide a marker at each right-of-way line where an underground facility other than a power or communication facility crosses a highway. Each marker shall identify the type of facility, the utility, and an emergency phone number. Markers may also be eliminated as provided in current federal regulations. (49 C.F.R. 192.707 (1989)).
(C) Facilities to be located within particular rights-of-way. The city may require that facilities be located within particular rights-of-way that are not highways, rather than within particular highways.
(D) Freestanding facilities.
(1) The city may restrict the location and size of any freestanding facility located within a right-of-way.
(2) The city may require any freestanding facility located within a right-of-way to be screened from view.
(E) Appearance standards.
(1) The city may prohibit the installation of facilities in particular locations to preserve visual quality.
(2) A facility may be constructed only if its construction does not require extensive removal or alteration of trees or terrain features visible to the highway user or impair the aesthetic quality of the lands being traversed.
(F) Above ground installation. Above ground facilities may be installed only if:
(1) No other existing facilities in the area are located underground;
(2) New underground installation is not technically feasible; and
(3) The proposed installation will be made at a location, and will employ suitable design and materials, to provide the greatest protection of aesthetic qualities of the area being traversed without adversely affecting safety. Suitable designs include, but are not limited to, self-supporting armless, single-pole construction with vertical configuration of conductors and cable.
(G) Facility attachments to bridges or roadway structures.
(1) Facilities may be installed as attachments to bridges or roadway structures only where the utility has demonstrated that all other means of accommodating the facility are not practicable. Other means shall include, but are not limited to, underground, underwater, independent poles, cable supports and tower supports, all of which are completely separated from the bridge or roadway structure. Facilities transmitting commodities that are volatile, flammable, corrosive, or energized, especially those under significant pressure or potential, present high degrees of risk and such installations are not permitted.
(2) A utility shall include in its request to accommodate a facility installation on a bridge or roadway structure supporting data demonstrating the impracticability of alternate routing. Approval or disapproval of an application for facility attachment to a bridge or roadway structure will be based upon the following considerations:
(a) The type, volume, pressure or voltage of the commodity to be transmitted and an evaluation of the resulting risk to persons and property in the event of damage to or failure of the facility;
(b) The type, length, value, and relative importance of the highway structure in the transportation system;
(c) The alternative routings available to the utility and their comparative practicability;
(d) The proposed method of attachment;
(e) The ability of the structure to bear the increased load of the proposed facility;
(f) The degree of interference with bridge maintenance and painting;
(g) The effect on the visual quality of the structure; and
(h) The public benefit expected from the utility service as compared to the risk involved.
(Ord. 761, passed 10-15-01) Penalty, see § 95.99
§ 95.16 CONSTRUCTION METHODS AND MATERIALS.
(A) Standards and requirements for particular types of construction methods.
(1) Boring or jacking.
(a) Pits and shoring. Boring or jacking under rights-of-way shall be accomplished from pits located at a minimum distance specified by the Director of Public Works from the edge of the pavement. Pits for boring or jacking shall be excavated no more than 48 hours before boring or jacking operations and backfilled within 48 hours after boring or jacking operations are completed. While pits are open, they shall be clearly marked and protected by barricades. Shoring shall be designed, erected, supported, braced, and maintained so that it will safely support all vertical and lateral loads that may be imposed upon it during the boring or jacking operation.
(b) Wet boring or jetting. Wet boring or jetting shall not be permitted under the roadway.
(c) Borings with diameters greater than six inches. Borings over six inches (0.15 m) in diameter shall be accomplished with an auger and following pipe, and the diameter of the auger shall not exceed the outside diameter of the following pipe by more than one inch (25 mm).
(d) Borings with diameters six inches or less. Borings of six inches or less in diameter may be accomplished by either jacking, guided with auger, or auger and following pipe method.
(e) Tree preservation. Any facility located within the drip line of any tree designated by the city to be preserved shall be bored under or around the root system.
(2) Trenching. Trenching for facility installation, repair, or maintenance on rights-of-way shall be done in accord with the applicable portions of Section 603 of IDOT’s Standard Specifications for Road and Bridge Construction.
(a) Length. The length of an open trench shall be kept to the practicable minimum consistent with requirements for pipe-line testing. Only one-half of any intersection may have an open trench anytime unless special permission is obtained from the city.
(b) Open trench and excavated material. Open trench and windrowed excavated material shall be protected as required by Chapter 6 of the Illinois Manual on Uniform Traffic Control Devices. Where practicable, the excavated material shall be deposited between the roadway and the trench as added protection. Excavated material shall not be allowed to remain on the paved portion of the roadway. Where right-of-way width does not allow for windrowing excavated material off the paved portion of the roadway, excavated material shall be hauled to an off-road location.
(c) The utility shall not trench within the drip line of any tree designated by the city to be preserved.
(3) Backfilling.
(a) Any pit, trench, or excavation created during the installation of facilities shall be backfilled for its full width, depth, and length using methods and materials according to IDOT’s Standard Specifications for Road and Bridge Construction. When excavated material is hauled away or is unsuitable for backfill, suitable granular backfill shall be used.
(b) For three years from the date construction of a facility is completed, the utility shall be responsible to remove and restore any backfilled area that has settled due to construction of the facility. If so ordered by the Director of Public Works, the utility, at its expense, shall remove any pavement and backfill material to the top of the installed facility, place and properly compact new backfill material, and restore new pavement, sidewalk, curbs, and driveways to the proper grades, as determined by the Director of Public Works.
(4) Pavement cuts. Pavement cuts for facility installation or repair shall be permitted on a highway only if that portion of the highway is closed to traffic. If a variance to the limitation set forth in this division (A)(4) is permitted under § 95.21, the following requirements shall apply:
(a) Any excavation under pavements shall be backfilled as soon as practicable with granular material of CA-6 or CA-10 gradation, as designated by the City Manager.
(b) Restoration of pavement, in kind, shall be accomplished as soon as practicable, and temporary repair with bituminous mixture shall be provided immediately. Any subsequent failure of either the temporary repair or the restoration shall be rebuilt upon notification by the city.
(c) All saw cuts shall be full depth.
(d) For all rights-of-way which have been reconstructed with a concrete surface/base in the last seven years, or resurfaced in the last three years, permits shall not be issued unless such work is determined to be an emergency repair or other work considered necessary and unforeseen before the time of the reconstruction or unless a pavement cut is necessary for a J.U.L.I.E. locate.
(5) Encasement.
(a) Casing pipe shall be designed to withstand the load of the highway and any other superimposed loads. The casing shall be continuous either by one-piece fabrication or by welding or jointed installation approved by the city.
(b) The venting, if any, of any encasement shall extend within one foot (0.3 m) of the right-of-way line. No above-ground vent pipes shall be located in the area established as clear zone for that particular section of the highway.
(c) For water main or service crossing, encasement shall be furnished between bore pits unless continuous pipe or city approved jointed pipe is used under the roadway. Casing may be omitted only if pipe is installed before highway construction and carrier pipe is continuous or mechanical joints are of a type approved by the city. Bell and spigot type pipe shall be encased regardless of installation method.
(d) For gas pipelines of 60 psig or less, encasement may be eliminated.
(e) For gas pipelines or petroleum products pipelines with installations of more than 60 psig, encasement may be eliminated only if: extra heavy pipe is used that precludes future maintenance or repair and cathodic protection of the pipe is provided;
(f) If encasement is eliminated for a gas or petroleum products pipeline, the facility shall be located so as to provide that construction does not disrupt the right-of-way.
(6) Minimum cover of underground facilities. Cover shall be provided and maintained at least in the amount specified in the following table for minimum cover for the type of facility:
| TYPE OF FACILITY | MINIMUM COVER |
| Power or communication line (in general) | 30 inches (0.8 m) |
| Communication line installed by the plowed method | 24 inches (0.6 m) |
| Gas or petroleum products | 30 inches (0.8 m) |
| Water line | Sufficient cover to provide freeze protection |
| Sanitary sewer, storm sewer, or drainage line | Sufficient cover to provide freeze protection |
(B) Standards and requirements for particular types of facilities.
(1) Electric power or communication lines.
(a) Code compliance. Electric power or communications facilities within city rights-of-way shall be constructed, operated, and maintained in conformity with the provisions of 83 Ill. Adm. Code 305 (formerly General Order 160 of the Illinois Commerce Commission) entitled “Rules for Construction of Electric Power and Communications Lines,” and the National Electrical Safely Code.
(b) Overhead facilities. Overhead power or communication facilities shall use single pole construction and, where practicable, joint use of poles shall be used. Utilities shall make every reasonable effort to design the installation so guys and braces will not be needed. Variances may be allowed if there is no feasible alternative and if guy wires are equipped with guy guards for maximum visibility.
(c) Underground facilities.
1. Cable may be installed by trenching or plowing, provided that special consideration is given to boring to minimize damage when crossing improved entrances and side roads.
2. If a crossing is installed by boring or jacking, encasement shall be provided between jacking or bore pits. Encasement may be eliminated only if: the crossing is installed by using “moles,” “whip augers,” or other approved method which compress the earth to make the opening for cable installation or the installation is by the open trench method which is only permitted before roadway construction.
3. Cable shall be grounded according to the National Electrical Safety Code.
(2) Underground facilities other than electric power or communication lines. Underground facilities other than electric power or communication lines may be installed by:
(a) The use of “moles,” “whip augers,” or other approved methods which compress the earth to move the opening for the pipe;
(b) Jacking or boring with vented encasement provided between the ditch lines or toes of slopes of the highway;
(c) Open trench with vented encasement between ultimate ditch lines or toes of slopes, but only if before roadway construction; or
(d) Tunneling with vented encasement, but only if installation is not possible by other means.
(3) Gas transmission, distribution and service. Gas pipelines within rights-of-way shall be constructed, maintained, and operated in a city approved manner and in conformance with the Federal Code of the Office of Pipeline Safety Operations, Department of Transportation, Part 192 – Transportation of Natural and Other Gas by Pipeline: Minimum Federal Safety Standards (49 CFR 192), IDOT’s Standard Specifications for Road and Bridge Construction, and all other applicable laws, rules, and regulations.
(4) Petroleum products pipelines. Petroleum products pipelines within rights-of-way shall conform to the applicable sections of ANSI Standard Code for Pressure Piping. (Liquid Petroleum Transportation Piping Systems ANSI-B 31.4).
(5) Waterlines, sanitary sewer lines, storm water sewer lines or drainage lines. Water lines, sanitary sewer lines, storm sewer lines, and drainage lines within rights-of-way shall meet or exceed the recommendations of the current Standard Specifications for Water and Sewer Main Construction in Illinois.
(6) Ground mounted appurtenances. Ground mounted appurtenances to overhead or underground facilities, when permitted within a right-of-way, shall be provided with a vegetation-free area extending one foot (305 mm) in width beyond the appurtenance in all directions. The vegetation-free area may be provided by an extension of the mounting pad, or by heavy duty plastic or similar material approved by the Director of Public Works. With the approval of the Director of Public Works, shrubbery surrounding the appurtenance may be used in place of vegetation-free area. The housing for ground-mounted appurtenances shall be painted a neutral color to blend with the surroundings.
(C) Materials.
(1) General standards. The materials used in constructing facilities within rights-of-way shall be those meeting the accepted standards of the appropriate industry, the applicable portions of IDOT’s Standards Specifications for Road and Bridge Construction, the requirements of the Illinois Commerce Commission, or the standards established by other official regulatory agencies for the appropriate industry.
(2) Material storage on right-of-way. All pipe, conduit, wire, poles, cross arms, or other materials shall be distributed along the right-of-way before and during installation in a manner to minimize hazards to the public or an obstacle to right-of-way maintenance or damage to the right-of-way and other property. If material is to be stored on right-of-way, prior approval must be obtained from the city.
(3) Hazardous materials. The plans submitted by the utility to the city shall identify any hazardous materials that may be involved in the construction of the new facilities or removal of any existing facilities.
(D) Operational restrictions.
(1) Construction operations on rights-of-way may, at the discretion of the city, be required to be discontinued when such operations would create hazards to traffic or the public health, safety, and welfare. Such operations may also be required to be discontinued or restricted when conditions are such that construction would result in extensive damage to the right-of-way or other property.
(2) These restrictions may be waived by the City Manager when emergency work is required to restore vital utility services.
(E) Location of existing facilities. Any utility proposing to construct facilities in the city shall contact J.U.L.I.E. and ascertain the presence and location of existing aboveground and underground facilities within the rights-of-way to be occupied by its proposed facilities. The city will make its permit records available to a utility for identifying possible facilities. When notified of an excavation or when requested by the city or by J.U.L.I.E., a utility shall locate and physically mark its underground facilities within 48 hours, excluding weekends and holidays, according to the Illinois Underground Facilities Damage Prevention Act, ILCS Ch. 220, Act 50, §§ 1 et seq.
(Ord. 761, passed 10-15-01) Penalty, see § 95.99
§ 95.17 VEGETATION CONTROL.
(A) Tree trimming permit required. Tree trimming shall not be considered a normal maintenance operation, but shall require the application for, and the issuance of, a permit, in addition to any other permit required under this chapter.
(1) Application for tree trimming permit. Applications for tree trimming permits shall include assurance that the work will be accomplished by competent workers with supervision who are experienced in accepted tree pruning practices. Tree trimming permits shall designate an expiration date in the interest of assuring that the work will be expeditiously accomplished.
(2) Damage to trees. Poor pruning practices resulting in damaged or misshapen trees will not be tolerated and shall be grounds for cancellation of the tree trimming permit and for assessment of damages. The city will require compensation for trees extensively damaged and for trees removed without authorization. The formula developed by the International Society of Arboriculture will be used as a basis for determining the compensation for damaged trees or unauthorized removal of trees. The city may require the removal and replacement of trees if trimming or radical pruning would leave them in an unacceptable condition.
(B) Specimen trees or trees of special significance. The city may require that special measures be taken to preserve specimen trees or trees of special significance. The required measures may consist of higher poles, side arm extensions, covered wire or other means.
(C) Chemical use. Spraying of any type of brush-killing chemicals will not be permitted on rights-of-way unless the utility demonstrates to the satisfaction of the Director of Public Works that such spraying is the only practicable method of vegetation control.
(Ord. 761, passed 10-15-01) Penalty, see § 95.99
§ 95.18 REMOVAL, RELOCATION, OR MODIFICATIONS OF UTILITY FACILITIES.
(A) Notice. Within 90 days following written notice from the city, a utility shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any utility facilities within the rights-of-way whenever the corporate authorities have determined that such removal, relocation, change or alteration, is reasonably necessary for the construction, repair, maintenance, or installation of any city improvement in or upon, or the operations of the city in or upon, the rights-of-way.
(B) Removal of unauthorized facilities. Within 30 days following written notice from the city, any utility that owns, controls, or maintains any unauthorized facility or related appurtenances within the public rights-of-way shall, at its own expense, remove all or any part of such facilities or appurtenances from the public rights-of-way. A facility is unauthorized and subject to removal in the following circumstances:
(1) Upon expiration or termination of the permittee’s license or franchise, unless otherwise permitted by applicable law;
(2) If the facility was constructed or installed without the prior grant of a license or franchise, if required;
(3) If the facility was constructed or installed without prior issuance of a required permit in violation of this chapter; or
(4) If the facility was constructed or installed at a location not permitted by the permittee’s license or franchise.
(C) Emergency removal or relocation of facilities. The city retains the right and privilege to cut or move any facilities located within the rights-of-way of the city, as the city may determine to be necessary, appropriate or useful in response to any public health or safety emergency. If circumstances permit, the municipality shall attempt to notify the utility, if known, before cutting or removing a facility and shall notify the utility, if known, after cutting or removing a facility.
(D) Abandonment of facilities. Upon abandonment of a facility within the public rights-of-way of the city, the utility shall notify the city within 90 days. Following receipt of such notice the city may direct the utility to remove all or any portion of the facility if the Director of Public Works determines that such removal will be in the best interest of the public health, safety and welfare. When the city does not direct the utility that abandoned the facility to remove it, by giving notice of abandonment to the city, the abandoning utility shall be deemed to consent to the alteration or removal of all or any portion of the facility by another utility or person.
(Ord. 761, passed 10-15-01) Penalty, see 95.99
§ 95.19 CLEANUP AND RESTORATION.
Upon completion of all construction or maintenance of facilities, the utility shall remove all excess material and restore all turf and terrain in a timely manner and to the satisfaction of the city. This includes restoration of entrances and side roads. Restoration of roadway surfaces shall be made using materials and methods approved by the Director of Public Works. Such cleanup and repair may be required to consist of backfiring, regrading, reseeding, resodding, or any other requirement to restore the right-of-way to a condition substantially equivalent to that which existed before the commencement of the project.
(Ord. 761, passed 10-15-01) Penalty, see § 95.99
§ 95.20 MAINTENANCE AND EMERGENCY MAINTENANCE.
(A) General. Facilities on, over, above, along, upon, under, across, or within rights-of-way are to be maintained by or for the utility in a manner satisfactory to the city and at the utility’s expense.
(B) Emergency maintenance procedures. Emergencies may justify noncompliance with normal procedures for securing a permit:
(1) If an emergency creates a hazard on the traveled portion of the right-of-way, the utility shall take immediate steps to provide all necessary protection for traffic on the highway or the public on the right-of-way including the use of signs, lights, barricades or flaggers. If a hazard does not exist on the traveled way, but the nature of the emergency is such as to require the parking on the shoulder of equipment required in repair operations, adequate signs and lights shall be provided. Parking on the shoulder in such an emergency will only be permitted when no other means of access to the facility is available.
(2) In an emergency, the utility shall, as soon as possible, notify the City Manager of the emergency, advising what steps have been taken for protection of the traveling public and what will be required to make the necessary repairs. If the nature of the emergency is such as to interfere with the free movement of traffic, the city police shall be notified immediately.
(3) In an emergency, the utility shall use all means at hand to complete repairs as rapidly as practicable and with the least inconvenience to the traveling public.
(C) Emergency repairs. The utility must file in writing with the city a description of the repairs undertaken in the right-of-way within 48 hours after an emergency repair.
(Ord. 761, passed 10-15-01) Penalty, see § 95.99
§ 95.21 VARIANCES.
(A) Request for variance. A utility requesting a variance from one or more of the provisions of this chapter must do so in writing to the City Manager as a part of the permit application. The request shall identify each provision of this chapter from which a variance is requested and the reasons why a variance should be granted.
(B) Authority to grant variances. The City Manager shall decide whether a variance is authorized for each provision of this chapter identified in the variance request on an individual basis.
(C) Conditions for granting of variance. The City Manager may authorize a variance only if the utility requesting the variance has demonstrated that:
(1) One or more conditions not under the control of the utility (such as terrain features or an irregular right-of-way line) create a special hardship that would make enforcement of the provision unreasonable, given the public purposes to be achieved by the provision; and
(2) All other designs, methods, materials, locations or facilities that would conform with the provision from which a variance is requested are impracticable in relation to the requested approach.
(D) Additional conditions for granting of a variance. As a condition for authorizing a variance, the Director of Public Works may require the utility requesting the variance to meet reasonable standards and conditions that may or may not be expressly contained within this chapter but which carry out the purposes of this chapter.
(Ord. 761, passed 10-15-01)
§ 95.22 ENFORCEMENT.
Nothing in this chapter shall be construed as limiting any additional or further remedies that the city may have for enforcement of this chapter.
(Ord. 761, passed 10-15-01)
§ 95.99 PENALTY.
Any person who violates, disobeys, omits, neglects or refuses to comply with any of the provisions of this chapter shall be subject to a fine according to the penalty provisions of this code. There may be times when the city will incur delay or other costs, including third party claims, because the utility will not or cannot perform its duties under its permit and this chapter. Unless the utility shows that another allocation of the cost of undertaking the requested action is appropriate, the utility shall bear the city’s costs of damages and its costs of installing, maintaining, modifying, relocating, or removing the facility that is the subject of the permit. No other administrative agency or commission may review or overrule a permit related cost apportionment of the city. Sanctions may be imposed upon a utility who does not pay the costs apportioned to it.
(Ord. 761, passed 10-15-01)
CHAPTER 96: HOTEL ROOM GROSS RENTAL RECEIPTS TAX
Section
96.01 Imposition
96.02 Definitions
96.03 Tax constituting separate charge
96.04 Exemptions from tax
96.05 Use of proceeds
96.06 Books and records
96.07 Registration
96.08 Tax returns
96.09 Payment of tax
96.10 Interest and penalties
96.11 Penalties for late filing
96.12 Compliance
96.13 Audits
96.14 Violations
96.15 Lien imposed
96.16 Partial invalidity
§ 96.01 IMPOSITION.
A hotel room gross rental receipts tax is hereby imposed, effective September 1, 2002, under ILCS Ch. 65, Act 5, § 8-3-14. Hotel rooms, tax on gross rental receipts to impose a tax upon all persons engaged in the business of renting, leasing or letting rooms in a hotel, as defined in “The Hotel Operators’ Occupation Tax Act,” at a rate of 5% of the gross rental receipts from such renting, leasing or letting, excluding, however, from gross rental receipts, the proceeds from renting, leasing or letting to permanent residents of that hotel, said tax to be administered and collected in accordance with this chapter.
(Ord. 771, passed 8-5-02)
§ 96.02 DEFINITIONS.
All terms used in this chapter shall have the meanings as defined in the Hotel Operators’ Occupation Tax Act, ILCS Ch. 35, Act 145, §§ 1 et seq., as amended, and ILCS Ch. 65, Act 5, § 8-3-14, as applicable, and as same shall be in force and effect from time to time.
(Ord. 771, passed 8-5-02)
§ 96.03 TAX CONSTITUTING SEPARATE CHARGE.
Those persons subject to the tax imposed by this chapter may reimburse themselves for their tax liability for such tax by separately stating such tax as an additional charge, which charge may be stated in combination, in a single amount, with the state tax imposed under the Hotel Operators’ Occupation Tax Act heretofore cited.
(Ord. 771, passed 8-5-02)
§ 96.04 EXEMPTIONS FROM TAX.
Gross rental receipts from the renting, leasing or letting rooms in a hotel only to permanent residents shall be exempt from the provisions of this chapter and persons subject to the tax imposed hereby shall be entitled to exclude from gross rental receipts for the purpose of computing the tax imposed hereby, that portion of such proceeds arising from renting, leasing or letting to permanent residents of the hotel operated by such person.
(Ord. 771, passed 8-5-02)
§ 96.05 USE OF PROCEEDS.
The city shall expend the tax collected pursuant to this section solely to promote tourism and conventions within the city, and otherwise to attract nonresident, overnight visitors to the city, and no tax collected pursuant to this chapter shall be used to advertise for or otherwise to promote new competition in the hotel business within the city.
(Ord. 771, passed 8-5-02)
§ 96.06 BOOKS AND RECORDS.
Every person subject to the tax imposed by this chapter shall keep separate books and records of his or her business as an operator so as to show the rents and occupancies taxable under this section separately from his or her transactions not taxable hereunder. If any such operator fails to keep such separate books or records, the operator shall be liable to tax at the rate designated herein upon the entire gross proceeds from the operation of his or her hotel.
(Ord. 771, passed 8-5-02)
§ 96.07 REGISTRATION.
All persons engaged within the city in the business of renting, leasing or letting rooms in a hotel or motel, so as to be subject to the tax imposed hereby, shall register the operation in the office of the City Clerk upon a registration form to be adopted and prescribed by the City Manager, which forms shall include such information as shall be reasonably necessary in order to assure collection and enforcement of the tax imposed by this chapter.
(Ord. 771, passed 8-5-02)
§ 96.08 TAX RETURNS.
Each person required to be registered hereunder and subject to the tax imposed by this chapter shall, on or before the last day of each calendar month, file a tax return in the office of the City Clerk on a form to be adopted and prescribed by the City Manager which shall include the information required to be reported on the tax return filed by such person with the state Department of Revenue pursuant to the Hotel Operators’ Occupation Tax Act hereinabove cited, for the preceding calendar month, together with a copy of the return filed with the state for such period. In the event any person required to file a return hereunder shall not be required to file a monthly return with the state Department of Revenue pursuant to the Hotel Operators’ Occupation Tax Act, such person shall, upon substantiation of the required filing frequency of the state return, be entitled to file the tax returns due pursuant to this chapter upon the same frequency and for the same period as the state return is required to be filed by such person, with the prior approval of the City Manager.
(Ord. 771, passed 8-5-02)
§ 96.09 PAYMENT OF TAX.
The tax due pursuant to this chapter shall be due and payable on or before the due date of the tax return showing the tax liability and shall be paid to the City Treasurer, together with any interest and penalty due, and the City Treasurer shall deposit the funds so collected into a separate fund to be designated Hotel and Motel Operators’ Occupation Tax Fund.
(Ord. 771, passed 8-5-02)
§ 96.10 INTEREST AND PENALTIES.
If the tax due pursuant this chapter is not paid on or before the due date of the return required to be filed by the person responsible for the payment of the tax, such person shall, in addition to the tax, be liable for a penalty equal to 1-1/2% of the tax due for each month or part thereof until such tax and penalty is paid in full. The penalty imposed hereby shall be assessed and collected in the same manner as the tax imposed under this chapter.
(Ord. 771, passed 8-5-02)
§ 96.11 PENALTIES FOR LATE FILING.
Any person responsible for filing a tax return and paying tax pursuant to this section who shall fail to file the required tax return on or before the due date thereof, whether or not the tax is paid therewith, shall be liable for penalty in the amount of $10 per day for each day that such tax return is late, and each day shall constitute a separate offense for purposes hereof.
(Ord. 771, passed 8-5-02)
§ 96.12 COMPLIANCE.
All returns required to be filed hereunder shall be executed by the proprietor, a general partner, or an authorized corporate officer and shall be made under penalties of perjury. Any person wilfully filing a return containing false or inaccurate information shall be guilty of perjury and of a violation of this chapter, and shall be subject to the fine imposed for violations of this chapter in addition.
(Ord. 771, passed 8-5-02)
§ 96.13 AUDITS.
The city, through its designated agent or officer, shall have the right, at reasonable times after reasonable notice, to examine all books and records maintained by the person registered or required to be registered under this chapter, including, but not limited to, general accounting records, bank records, returns required to be filed under the Hotel Operators’ Occupation Tax Act heretofore cited, state and federal income tax returns and any other books, records or documents which are relevant in the determination and confirmation of the full and accurate reporting of gross receipts on which tax is imposed by this section, the entitlement to any exemptions claimed, and the payment of the full tax due pursuant to this chapter.
(Ord. 771, passed 8-5-02)
§ 96.14 VIOLATIONS.
Any person violating the foregoing provisions of this chapter shall, upon conviction, be subject to a fine of not less than $100 nor more than $750 for each offense, except as otherwise expressly provided herein, and each day or part thereof upon which such
offense continues, shall constitute a separate offense hereunder.
(Ord. 771, passed 8-5-02)
§ 96.15 LIEN IMPOSED.
At any time after an assessment and demand for payment of any tax interest and/or penalty due pursuant to this section is made against any person, the city may file a notice of lien for said tax, in the office of the recorder of deeds of DeWitt County, or any other county in which the person responsible for the payment of tax resides or has property and a lien shall attach to all property owned by such person in said county and shall continue in effect for a period of seven years after filing and may be foreclosed in the manner of a judicial lien. The remedy of imposing a lien hereunder shall be in addition to all other remedies available to the city to collect the tax, interest and penalty due, including civil actions.
(Ord. 771, passed 8-5-02)
§ 96.16 PARTIAL INVALIDITY.
In the event any term or provision of this chapter is determined to be invalid or unenforceable by a court of competent jurisdiction, such invalid or unenforceable provision shall not affect the validity of the remaining provisions of this chapter and the provisions hereof declared to be severable.
(Ord. 771, passed 8-5-02)
