Village of Morton Municipal Code Book

Transcription

1 Village of Morton Municipal Code Book Instruction Sheet: Morton, Illinois Supplement August 2017 Includes Ordinances: 17-01, 17-02, 17-03, 17-04, 17-05, 17-06, 17-07, 17-09, 17-10, 17-11, 17-15, 17-16, 17-17, REMOVE PAGES HEADED INSERT PAGES HEADED TABLE OF CONTENTS TABLE OF CONTENTS TABLE OF CONTENTS TITLE CHAPTER CHAPTER 2 PLAN COMMISSION PLAN COMMISSION CHAPTER CHAPTER 7 BOARD OF APPEALS BOARD OF APPEALS TITLE LIMITATION ON NUMBER LIMITATION ON NUMBER... TITLE Buildings that are regulated Buildings that are regulated... TITLE 8 TITLE 8 PUBLIC WAYS AND PROPERTY TITLE 8 PUBLIC WAYS AND PROPERTY TREES; SHRUBBERY TREES; SHRUBBERY NONE (New Chapter) CHAPTER 17 MEMORIAL PLAZA USE TITLE CHAPTER CHAPTER 1 DEFINITIONS DEFINITIONS CHAPTER CHAPTER 6 PARKING PARKING HANDICAPPED PARKING HANDICAPPED PARKING... ***CONTINUED ON FOLLOWING PAGE***

2 TITLE DISABILITY: DISABILITY: (and the following page) (and the following page) Driveways And Parking Areas Driveways And Parking Areas Frozen food stores, including Frozen food stores, including... (and the following two pages) (and the following two pages) (remainder of chapter) (remainder of chapter) CHAPTER CHAPTER 7 INDUSTRIAL DISTRICTS INDUSTRIAL DISTRICTS Temporary signs on the property Temporary signs on the property... ALPHABETICAL INDEX -L- LIQUOR REGULATIONS -L- LIQUOR REGULATIONS -O- OFFENSES, GENERAL (cont.) -O- OFFENSES, GENERAL (cont.) (and the following 3 pages) (and the following 3 pages) -T- TRAFFIC (cont.) -T- TRAFFIC (cont.)

3 PREFACE This volume of the Village Code of the Village of Morton, as supplemented, contains ordinances up to and including ordinances: 17-01, May 15, , June 5, , June 5, , June 5, , June 5, , July 17, , June 19, , July 5, , July 17, , July 17, , August 7, , August 7, , August 7, , August 21, 2017 Ordinances of the Village adopted after said ordinances supersede the provisions of this Village Code to the extent that they are in conflict or inconsistent therewith. Consult the Village office in order to ascertain whether any particular provision of the Code has been amended, superseded, or repealed. Village of Morton 817

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5 Table of Contents TITLE 1 Administrative Village Code Savings Clause Definitions Penalty Board Of Trustees President Clerk Treasurer Corporation Counsel Superintendent Of Public Works Village Collector Water, Sewer, And Gas Inspector Officers And Employees Village Jail Corporate Seal Fiscal Year/Inauguration Surety Bonds Illinois Municipal Retirement Fund Village Engineer Vacancies In Municipal Office Freedom Of Information Officers Village Administrator Bidding and Contract Procedures Local Government Travel Control Act Policy 25 TITLE 2 Boards And Commissions Plan Commission Board Of Local Improvements Board Of Fire And Police Commissioners... 4 Police Pension Fund Board Emergency Services And Disaster Agency... 6 Board Of Appeals Business District Development and Redevelopment Commission Tourism Committee TITLE 3 Business Regulations Licenses And Permits Business District Retailers' Occupation Tax and Business District Service Occupation Tax... 2 Raffles Liquor Itinerant Merchants, Peddlers Junk Dealers Foreign Fire Insurance Companies Abandoned, Lost, Stolen, Or Unclaimed Vehicles Registration Of Residential Solicitors Regulation Of Adult Businesses Renting Tax Dance Halls Simplified Municipal Telecommunications Tax Municipal Telecommunication Tax Rebates. 26 Cable/Video Service Provider Fee Tax On Sale Of Gas TITLE 4 Building Regulations Building Code And Building Permits Plumbing Codes Housing Code Electrical Code Floodplain Regulation and Flood Damage Prevention Property Maintenance Code Violations Village of Morton 817

6 TITLE 5 Fire Regulations Fire Department Fireworks Fire Prevention Code Fire Detection Systems Paramedic Services Fire Hydrants TITLE 6 Police Regulations Police Department General Offenses Animals Minors Shooting Events Possession Or Consumption Of Tobacco Or Electronic Cigarettes Or Alternative Nicotine Products By Minors Parking Or Storing Junk, Inoperable Motor Vehicles, And Motor Vehicle Parts Dangerous/Vicious Animals Disposal Of Animal Waste TITLE 7 Health and Sanitation (Reserved For Future Use) Garbage And Refuse (Reserved For Future Use) TITLE 8 Public Ways And Property Right Of Ways, Streets, Alleys, Sidewalks, And Driveways Gas Distribution Department Wastewater Treatment And Collection System Waterworks And Water Distribution System.. 4 Storm Water Utility Weeds Storm Drains Maintenance Of Private Property Discharging Of Sump Pumps And Perimeter Tiles Into Sanitary Sewers Underground Utility Service Utility Equipment Basic Annexation Fees Deferred Annexation Fees Utility Billing And Collection Policies And Procedures Dedication of Land for Bike Path Memorial Plaza Use TITLE 9 Traffic Definitions Enforcement Pedestrians Rules Of The Road Condition Of Vehicles Parking Drivers Bicycles Through; One-Way Streets Yield Intersections Left Turn Lanes Traffic Right Of Way, Encroachment Parking During Snow Removal Prohibition On Skateboarding Trespasses Prohibited Village of Morton

7 CHAPTER 2 PLAN COMMISSION SECTION: 2-2-1: Organization 2-2-2: Powers Of The Board 2-2-3: Rules Of Procedure 2-2-1: ORGANIZATION: (A) (B) A Plan Commission is hereby established in accordance with the provisions of the Statutes applicable thereto. Regular meetings of the Commission shall be held at such time and place within the Village as the Commission may determine. Special meetings may be held at the call of the Chairman, or as determined by the Commission. Such Chairman, or in his absence the Acting Chairman, may administer oaths and compel attendance of witnesses. All meetings of the Commission shall be open to the public. Such Commission shall keep minutes of its proceedings showing the vote of each member on every question. If any member is absent, or fails to vote, the minutes shall indicate such fact. The Commission shall adopt its own rules of procedure not in conflict with Statutes or the provisions of Title 10 of this Code. (Ord. 500, ; amd. Ord , ) The Plan Commission shall consist of nine (9) members who shall be appointed by the President, subject to confirmation by the Village Trustees, on the basis of their particular fitness and competency for their duties on said Commission. The successor of each member heretofore appointed shall serve for a term of five (5) years. Each member of the Plan Commission shall receive compensation at the rate of fifty dollars ($50.00) per each Plan Commission meeting attended. Vacancies shall be filled for the unexpired term of any member whose place has become vacant. No hearing shall be conducted without a quorum of the Commission being present, which shall consist of a majority of all the members. (Ord. 77-1, 77; amd. Ord , ; amd. Ord , ; amd. Ord , ) 2-2-2: POWERS OF THE BOARD: No plans, plats, or replats of land within the corporate limits of the Village or in contiguous territory outside of and distant not more than one and one-half (1 1/2) miles from such limits shall be entitled to record or shall be valid unless the subdivision shown thereon shall provide for streets and public grounds in conformity with the recommendation of the Commission. In case of the disapproval by the Commission of any such plat, the reasons for such disapproval shall be submitted to the Village Board which may overrule such disapproval by majority vote of its members. The failure of the Commission to disapprove any properly submitted plat within a period of sixty (60) days from the date of its filing shall be deemed acceptance of such plat. (Ord. 500, ) 2-2-3: RULES OF PROCEDURE: The Plan Commission is authorized to adopt Rules of Procedure governing public hearings conducted before the Plan Commission so long as such Rules of Procedure do not conflict with any provisions of the Morton Municipal Code. In the event of a conflict between the provisions of the Morton Municipal Code and the Rules of Procedure adopted by the Plan Commission, the provisions of the Morton Municipal Code shall apply. (Ord , ) Village of Morton 817

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9 CHAPTER 7 BOARD OF APPEALS SECTION: 2-7-1: Organization 2-7-2: Procedures And Powers 2-7-3: Appeals To Court 2-7-1: ORGANIZATION: (A) (B) A Board of Appeals is hereby established in accordance with the provisions of the Statutes applicable thereto. Regular meetings of the Board shall be held at such time and place within the Village as the Board may determine. Special meetings may be held at the call of the Chairman, or as determined by the Board. Such Chairman, or in his absence the Acting Chairman, may administer oaths and compel attendance of witnesses. All meetings of the Zoning Board shall be open to the public. Such Board shall keep minutes of its proceedings showing the vote of each member on every question. If any member is absent, or fails to vote, the minutes shall indicate such fact. The Board shall adopt its own rules of procedure not in conflict with Statutes or the provisions of Title 10 of this Code. (Ord. 500, ; amd. Ord , ) The Board of Appeals shall consist of seven (7) members who shall be appointed by the President, subject to confirmation by the Village Trustees. The successor of each member heretofore appointed shall serve for a term of five (5) years. Each member of the Zoning Board of Appeals shall receive compensation at the rate of fifty dollars ($50.00) per each Zoning Board of Appeals meeting attended. Vacancies shall be filled for the unexpired term of any member whose place has become vacant. No hearing shall be conducted without a quorum of the Board being present, which shall consist of a majority of all the members. Any absent member who has certified that he has read the transcript of the proceedings before the Board may vote upon any question before the Board. (amd. Ord , ; amd. Ord , ) 2-7-2: PROCEDURES AND POWERS: The Zoning Board of Appeals proceedings and powers shall be governed by the provisions of Title 10 of the Morton Municipal Code. The Zoning Board of Appeals is hereby authorized to adopt Rules of Procedure governing public hearings conducted before the Zoning Board of Appeals so long as such Rules of Procedure do not conflict with any provisions of the Morton Municipal Code. In the event of a conflict between the provisions of the Morton Municipal Code and the Rules of Procedure adopted by the Zoning Board of Appeals, the provisions of the Morton Municipal Code shall apply. (amd. Ord , ) 2-7-3: APPEALS TO COURT: All final administrative decisions of the Board of Appeals under the terms of this Chapter and Title 10 of the Morton Municipal Code shall be subject to judicial review pursuant to the provisions of the Administrative Review Act, approved May 8, 1945, and all amendments and modifications thereof, and the rules adopted pursuant thereto. (Ord , ) Village of Morton 817

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11 : LIMITATION ON NUMBER: In order that the health, safety, and welfare of the people of the Village be protected, and in order that minors shall be prevented from the purchase of alcoholic liquors, and in order that temperance in the consumption of liquors be fostered and promoted, there shall be a limit upon the number of liquor licenses issued and in effect, which is as follows: Class A-1 Zero (0) Class A-2 Four (4) Class A-3 One (1) Class A-4 Zero (0) Class B-1 Three (3) Class B-2 Ten (10) Class B-3 Three (3) Class C One (1) Class D Two (2) Class E Seven (7) Class F No specific limit Class G Zero (0) Class H No specific limit Class I One (1) (Ord. 86-1, ; amd. Ord , ; Ord , ; Ord , ; Ord , ; Ord. 95-1, ; Ord , ; Ord , ; Ord , ; Ord , ; Ord , ; Ord , ; Ord , ; amd. Ord , ; amd. Ord , ; amd. Ord , ; amd. Ord , ; amd. Ord , ; amd. Ord , ; amd. Ord , ; amd. Ord , ; amd. Ord , ; amd. Ord , ; amd. Ord , ; amd. Ord , , amd. Ord , ; amd. Ord , ; amd. Ord , ; amd. Ord , ; amd. Ord , ; amd. Ord , ; amd. Ord , ; amd. Ord , ; amd. Ord , ; amd. Ord , ; amd. Ord , ; amd. Ord , ; amd. Ord , ; amd. Ord , ; amd. Ord , ; amd. Ord , ; amd. Ord , ; amd. Ord , ; amd. Ord , ; amd. Ord , ; amd. Ord , ; amd. Ord , ; amd. Ord , ; amd. Ord , ; amd Ord , ; amd. Ord , ; amd. Ord , ; amd. Ord , ; amd. Ord , ; amd. Ord , ; amd. Ord , ; amd. Ord , ) 3-8-7: LICENSES, APPLICATION REQUIREMENTS: All applications shall be on forms approved by the local Liquor Control Commission and shall be submitted in writing, executed under oath or affirmation by the applicant seeking a license, shall be accompanied by a bond in the penal sum of one thousand dollars ($ ) with corporate surety authorized to do business in the State of Illinois, and shall set forth the following information and statements: (A) (B) (C) (D) (E) The applicant s name and mailing address. The name and address of the applicant s business. If applicable, the date of the filing of the assumed name of the business with the County Clerk. In case of a co-partnership, the date of the formation of the partnership; in the case of an Illinois corporation, the date of its incorporation; or, in the case of a foreign corporation, the state where it was incorporated and the date of its becoming qualified under the Illinois Business Corporation Act 1 to transact business in the State of Illinois. The name and address of the landlord if the premises are leased. 1 S.H.A., Ch. 32, 1.01 et seq. Village of Morton 817

12 (F) (G) (H) (I) (J) (K) (L) (M) (N) (O) (P) (Q) (R) (S) (T) The date of the applicant s first request for a State liquor license and whether it was granted, denied, or withdrawn. Whether the applicant has made an application for a liquor license which has been denied; and, if so, the reasons therefor. Whether the applicant has ever had a previous liquor license suspended or revoked; and, if so, the reasons therefor. Whether the applicant has ever been convicted of a gambling offense or felony; and, if so, the particulars thereof. Whether the applicant possesses a current Federal Wagering or Gaming Device Stamp; and, if so, the particulars thereof. Whether the applicant or any other person directly or indirectly in his place of business is a public official; and, if so, the particulars thereof. Whether, in the case of an application for the renewal of a license, the applicant has made any political contributions within the past two (2) years; and, if so, the particulars thereof. The applicant s name, sex, date of birth, Social Security number, position, and percentage of ownership in the business; and the name, sex, date of birth, Social Security number, position, and percentage of ownership in the business of every sole owner, partner, corporate officer, director, manager, and any person who owns five percent (5%) or more of the shares of the applicant business entity or parent corporations of the applicant business entity. That he has not received or borrowed money or anything else of value and that he will not receive or borrow money or anything else of value (other than merchandising credit in the ordinary course of business for a period not to exceed ninety [90] days as herein expressly permitted under section 6-5 of the Liquor Control Act of 1934), directly or indirectly, from any manufacturer, importing distributor, or distributor, or from any representative of any such manufacturer, importing distributor, or distributor; nor be a part in any way, directly or indirectly, to any violation by a manufacturer, distributor, or importing distributor of Section 6-6 of the Liquor Control Act of The length of time the applicant has resided in the Village prior to filing the application and all addresses at which the applicant has resided in the past five (5) years; if a corporation, the length of time the manager has resided in the Village prior to filing the application and all addresses at which the manager has resided in the past five (5) years. The character of the business of the applicant; and, in the case of a corporation, the objects for which it was formed. The location and description of the premises or place of business which is to be operated under the license. A statement whether applicant is an alcoholic or has received treatment for alcoholism or any drinking problem, or has been involved in any incident involving the police, including traffic, in which he was intoxicated, detailing the dates, locations, and results of any such treatment or incident. A statement whether the applicant has received a local license to sell alcoholic liquors at retail from any state or political subdivision thereof. A statement that the location where the applicant proposes to sell alcoholic liquors at retail is not within one hundred feet (100 ) of any church, school, hospital, home for aged, indigent persons, or veterans, undertaking establishment, or mortuary. 817 Village of Morton

13 Buildings that are regulated by State Law and are inspected by the Office of the State Fire Marshall, which may include, but is not limited to day care facilities. 5. Buildings used exclusively for agriculture or farm storage use. 6. Buildings that are not designed to be and are rarely occupied by people, as may be determined by the Director of Fire and Emergency Services. It should be made clear that the intent of this exemption is to exclude, but is not limited to, buildings such as those that are erected only for the purpose of housing or protecting mechanical, electrical, or pump equipment and the like, and are only occupied during maintenance of such equipment. (Ord , ) (D) (E) In addition to the above fees, plans that require more than two (2) reviews shall be billed at a reasonable hourly charge as may be established by, and paid directly to the party the Village has contracted with to perform such review. (Ord , ) In addition to the above fees, there shall be due and owing to the Village of Morton a building inspection fee for building code inspections conducted by the Village of Morton or its agent or authorized representative. The building inspection fee for single family residential construction shall be calculated at a rate of $0.25 per finished square foot, excluding garage or basement area. The building inspection fee for commercial, industrial or multi-family residential construction shall be calculated at a rate of $2.00 per $1, of construction costs for the first $1,000, in construction costs and thereafter $1.00 per $1, of construction costs. The applicant for a building permit shall be required to produce to the Village of Morton verification deemed satisfactory to the Village of Morton of the construction costs, such as a copy of the bid documents or a copy of the general contractor s contract. (Ord , ; amd. Ord , ) 4-1-4: ISSUANCE OF A BUILDING PERMIT: The Zoning Enforcing Officer shall approve or deny issuance of a building permit within ten (10) business days of the date of filing the application, except when site plan review is required in accordance with Sec of this Code. A building permit shall not be issued until such time that all applicable fees have been paid. (Ord , ) 4-1-5: REVOCATION: A permit shall be revoked by the Zoning Enforcing Officer when it shall be found from personal inspection or from competent evidence that the rules or regulations under which it has been issued are being violated. If a permit has been revoked and construction continues, any person continuing such construction shall be subject to a minimum fine of two hundred fifty dollars ($250.00) up to a maximum fine of seven hundred fifty dollars ($750.00) for each and every day that construction continues after the permit has been revoked. Notice of revocation of the permit shall be mailed by first class mail, postage prepaid, to the applicants on the permit as stated on the application, and shall be deemed effective at 5:00 p.m. on the second day after mailing. As an alternative, the Village may use personal delivery of the notice, and then the revocation shall be effective upon receipt by any applicant. In addition to any other penalties that might apply, utility service to the property may be terminated, if so stated in the notice of revocation, with termination to occur the next day after the effective day of receipt of the notice. In addition to any fines, or other remedies applicable to the Village, the owner shall be responsible for all fees as provided by ordinance to re-institute utility service. If a permit is revoked, construction shall immediately cease until the permit is reinstated. In addition to any penalties that might apply, the owner of the property where the construction was taking place shall pay a fee of two hundred fifty dollars ($250.00) for reinstatement of the building permit. (Ord , ; amd. Ord , ) Village of Morton 817

14 : COMPLETION OF WORK: (A) Work or change in use authorized by the zoning permit, but not started within ninety (90) days, shall require a new permit. (B) Permits issued for new building construction or expansion shall require the completion of the exterior of the building(s) and all other exterior improvements specified in the building permit and approved drawing as follows: 1. If the cost of the project is under one million dollars ($1,000,000), three hundred sixty (360) days from the permit issue date. 2. If the cost of the project is one million dollars ($1,000,000) or more, but less than five million dollars ($5,000,000), five hundred forty (540) days from the permit issue date. 3. If the cost of the project is five million dollars ($5,000,000) or more, seven hundred twenty (720) days from the permit issue date. (C) A permit shall be revoked and a notice of violation issued when it shall be found from personal inspection or competent evidence that the rules or regulations under which it has been issued are being violated. (Ord , ; amd. Ord , ) 4-1-7: EXTENSION OF TIME TO COMPLETE WORK: In the event that the exterior improvements as specified in the building permit will not be completed within three hundred sixty (360) days of the date it was issued, then an extended permit may be issued if all of the following criteria are met: (A) Application to extend the permit is made at least seven (7) days prior to the original expiration date. (amd. Ord , ) The Zoning Office shall have ten (10) days to review the extension request. (B) (C) (D) (E) (F) The permit applicant or its agents or lessees are not occupying a building or structure which has not been completed per the building permit. The permit applicant or its agents or lessees are not using any portion of the property which has not been improved as required by the building permit. If the applicant desires to renew the permit for a period of less than six (6) months, the zoning office may issue same and in such case the permit fee shall be based on the value of the work to be completed, based on the schedule set forth in Title 4, Chapter 1, Section 3(A). (amd. Ord , ) If the work cannot be completed within six (6) months, then such application shall be made to the President and Board of Trustees who shall review same and determine whether there is just cause to allow a period greater than six (6) months and, if so, the length of time the permit will be extended. The renewal fee shall be based on the value of the work to be completed based on the schedule set forth in Title 4, Chapter 1, Section 3(A). (amd. Ord , ) An applicant may request the extension of a permit one time only, and the maximum extension shall be a period of three hundred sixty (360) days. (Ord , ) 817 Village of Morton

15 TITLE 8 PUBLIC WAYS AND PROPERTY Subject Chapter Rights Of Way, Streets, Alleys, Sidewalks, And Driveways Gas Distribution Department Wastewater Treatment And Collection System Waterworks And Water Distribution System Storm Water Utility Weeds Storm Drains Maintenance Of Private Property Street Names (Rep. by Ord , ) Discharging Of Sump Pumps And Perimeter Tiles Into Sanitary Sewers Underground Electric Service Utility Equipment Basic Annexation Fees and Development Fees Deferred Annexation Fees Utility Billing And Collection Policies And Procedures.15 Dedication of Land for Bike Path Memorial Plaza Use Village of Morton 817

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17 : TREES; SHRUBBERY: (A) (B) (C) (D) (E) (F) (G) No person, firm, corporation, or other legal entity, other than the Village, shall plant any tree or bush in any right-of-way, street, or other public place in the Village, including those portions of streets and roadways not used for traffic purposes and lying between the adjacent property line and the curb line. Any tree or shrub which overhangs any right-of-way, street, sidewalk, or other public place in the Village in such a way as to impede or interfere with pedestrians or traffic, or which obstructs visibility of traffic or traffic signs or signals, or obstructs street lights shall be trimmed by the owner of the abutting premises on which such tree or shrub grows, so that the obstruction shall cease. The SPW may trim any such tree or shrub to the right-of-way line if it extends to less than sixteen feet (16 ) above the pavement or driving surface, or obstructs visibility of traffic or traffic signs or signals, or is less than seven feet (7 ) above the sidewalk, and is less than or equal to two inches (2 ) in diameter at the right-of-way line. Otherwise the owner of the premises on which such tree or shrub grows shall be notified and given fourteen (14) days to eliminate the obstruction. If not eliminated within said fourteen (14) days, the SPW may trim or remove any such tree or shrub to the right-of-way line so that the obstruction, danger, or interference to pedestrians, traffic passage, or visibility is eliminated. (amd. Ord , ; amd. Ord , ) Any tree or limb of a tree which appears likely to fall on or across any public way shall be removed by the owner of the premises on which such tree grows. It shall be unlawful to attach any sign or advertising notice, or any wire or rope, to any tree or shrub in any public street, parkway, or other public place, without the permission of the Board of Trustees. Any person or entity who maintains poles and wires in any street, alley, or other public place shall, in the absence of provision in the franchise concerning the subject, keep such wires and poles free from and away from any trees or shrubs in such places so far as may be possible, and shall keep all such trees or shrubs near such wires and poles properly trimmed, subject to the supervision of the SPW, so that no injury will be done either to the poles and wires or to the trees or shrubs by their contact. (Ord , ; amd. Ord , ) In the event the SPW or his designee or assignee trims any tree or shrub in accordance with the provisions of this Section, the costs thereof shall be recoverable from the owner and the Village may place a lien on the land until payment is made. Within sixty (60) days after the cost and expense is incurred, the Village or the party performing the service by authority of the Village, in his or its name, may file a Notice of Lien in the Office of the Recorder of Deeds in Tazewell County, Illinois. Notice of the person to whom was sent the tax bill for the general taxes on the property for the preceding year shall be sent by certified mail or personally served on the person. The Notice shall consist of a sworn statement setting out (a) a description of the real estate sufficient for identification thereof; (b) the amount of money representing a cost and expense incurred or payable for the service; and (c) the date or dates when such cost and expense was incurred by the Village. Upon payment of the cost and expense by the owner, or of persons interested in such property, after a Notice of Lien has been filed, the Lien shall be released by the Village or person whose name the Lien has been filed and the release may be filed of record in the office of the Recorder of Deeds, Tazewell County, Illinois; provided, however, no Lien shall be released until the total cost and expense including the actual cost, filing fees and other costs of administration and interest are satisfied by payment in full. In addition to the abatement and lien procedures provided for in this Chapter, any person violating any of the provisions of this Section shall be subject to a minimum fine of $ The maximum fine is $ Each and every day a violation occurs shall be deemed a separate offense. (Ord , ) Village of Morton 817

18 : SEVERABILITY CLAUSE: If any section, subsection, paragraph, sentence, clause, or phrase of this Chapter, or any part thereof, or application thereof, to any person, firm, corporation, public agency, or circumstance, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Chapter or any part thereof. It is hereby declared to be the legislative intent of the Village Board of Trustees that this Chapter would have been adopted had such unconstitutional or invalid section, subsection, paragraph, sentence, clause, or phrase, or any part thereof, not then been included. (Ord , ; amd. Ord , ) 817 Village of Morton

19 CHAPTER 17 MEMORIAL PLAZA USE SECTION: : Applicability : Closed Areas : Permit : Liability of Permittee : Certificate of Insurance : Restoration After Permitted Event : Additional Permit Fee : Prohibited Activities : Revocation of Permit : APPLICABILITY: The provisions of this Chapter shall apply to use of Memorial Plaza located at 308 S. Main Street, Morton, Illinois : CLOSED AREAS: Any section, area or part of the Memorial Plaza may be declared closed to the public by the Chief of Police or by the Superintendent of Public Works or their designee at any time and for any interval of time, either temporarily or at regular intervals and stated intervals (daily or otherwise) neither entirely or merely for certain uses as the Chief of Police or Superintendent of Public Works may find reasonably necessary : PERMIT: (A) No person shall conduct, operate, present or manage any of the following activities in Memorial Plaza unless a permit is obtained from the Village of Morton prior to the start of the activity: 1. Any parade, march, rally, speech or public meeting; 2. Any contest, show, exhibit, public entertainment, dramatic performance, play, act, motion picture, dramatic reading, storytelling, poetry reading, bazaar, amusement contraptions, sporting event, ceremony or other event at which more than twelve (12) persons may be reasonably expected to be in attendance. 3. Any use of the Memorial Plaza by a certain person or group or group of persons to the exclusion of others. (B) (C) Persons desiring to engage in any of the above activities may apply to the Village of Morton for a written permit under policies established by the Village Administrator or her designee, and subject to fees established. Any application for permit as required by this section must set forth the name, address, telephone number and driver s license number of an adult applicant responsible for the proposed activity or use; name, address and telephone number of the organization or organizations involved with the proposed activity or use, if any; the date, time, duration and requested location for the proposed activity or use; and the anticipated number of attendees. Village of Morton 817

20 (D) Permits are not transferrable and required fees are not refundable. Permits must be applied for at least twenty-one (21) days in advance of the event. Minor changes in the permit may be made upon written permission of the Village Administrator for no additional fee, provided that the specific activity has not changed, the date or dates involved has not changed, the number of designated persons has not increased and a request for change is made at least seventy-two (72) hours prior to the event : LIABILITY OF PERMITTEE: The person, persons, organization or organizations to whom a permit is issued shall be liable for and shall agree to indemnify the Village of Morton for any loss, damage or injury sustained by any person which is caused by the activity or use or any act, error or omission of the person, persons, organization or organizations or their agent or agents to whom such permit shall have been issued : CERTIFICATE OF INSURANCE: As a condition for obtaining a permit, person, persons, organization or organizations to whom the permit is issued must provide a Certificate of Insurance for general liability insurance coverage with a company and in an amount acceptable to the Village of Morton naming the Village of Morton, its Board members, Officers, Agents, Employees and assigns as additional insureds. The Village Administrator, or her designee, at her full and absolute discretion may waive the requirements of this Section when in light of the facts and circumstances of the event for which a permit is requested the Village Administrator determines the requirements of this Section would pose an undue burden on the applicant or may require, in lieu of a certificate of insurance, a waiver of liability be executed by the applicant as a condition of the award of a permit. (amd. Ord , ) : RESTORATION AFTER PERMITTED EVENT: As a condition of the permit, the permittee shall be required at the conclusion of the permitted event to return and restore the Memorial Plaza to a like condition as Memorial Plaza was in prior to the commencement of the event. A deposit of two hundred fifty dollars ($250.00) shall be paid by the permittee as a condition of the permit, which deposit shall be applied to reimburse the Village of Morton for any cleaning or maintenance necessary to restore Memorial Plaza as required in this Section. Any portion of the deposit which is not consumed by the cost of restoration shall be refunded to the permittee : ADDITIONAL PERMIT FEE: Applications for a permit shall be reviewed by the Chief of Police or his designee. In the event the Chief of Police or his designee determines that the event requires a hiring of auxiliary police to be on duty before, during or after an event for purposes of public safety, an additional fee shall be assessed, which must be paid prior to the event as a condition of receiving the permit, which fee shall be reasonably calculated by the Chief of Police to reimburse the Village for the auxiliary police patrol necessary for the permitted event, which fee shall be non-refundable : PROHIBITED ACTIVITIES: The following activities are prohibited at any time in Memorial Plaza: 1. Smoking or the use of smokeless tobacco products 2. Consumption, possession or sale of alcoholic beverages 3. Any use which is a violation of any Village Ordinance, State Statute or Federal Law 4. Possession of any firearm 5. Possession of any glass bottle 6. Removing or damaging any Memorial Plaza property or equipment 7. Use of skateboards, bicycles, or scooters within the Plaza property 8. Operation of any motor vehicle of any kind within the Memorial Plaza 9. Climbing on any fixtures or property at the Memorial Plaza other than playground equipment. 10. Open burning 11. Sales or solicitation : REVOCATION OF PERMIT: In the event of a violation of any provision of this Chapter or of any other provision of the Morton Municipal Code, State Statute or Federal Law by any permittee and the conduct of the permitted event or activity, the Chief of Police or his designee may revoke the permit issued pursuant to the provisions of this Chapter. (Ord , ) 817 Village of Morton

21 CHAPTER 1 DEFINITIONS SECTION: 9-1-1: Definitions 9-1-1: DEFINITIONS: Whenever in this Title the following terms are used, they shall have the meaning respectively ascribed to them in this Section, except where the context otherwise requires and except where another definition set forth in another section of this Title and applicable to that section or a designated part thereof is applicable. ALLEY: AUTHORIZED EMERGENCY VEHICLES: BICYCLES: BOAT TRAILER: BUSINESS DISTRICT: CAMPING TRAILER: The term alley shall mean a public way within a block, generally giving access to the rear of lots or buildings and not used for general traffic circulation. 1 The term authorized emergency vehicles shall mean emergency vehicles of Municipal departments or public service corporations as are designated or authorized by proper local authorities such as police vehicles, vehicles of the Fire Department, and ambulances. 2 The term bicycles shall mean every device propelled by human power upon which any person may ride, having two (2) tandem wheels either of which is more than sixteen inches (16 ) in diameter. 3 A vehicular structure without its own motive power designed to transport a boat or other watercraft for recreational use and which is licensed and registered for highway use. (amd. Ord , ) The term business district shall mean the territory of the Village contiguous to and including a highway when within any six hundred feet (600 ) along such highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, or office buildings, railroad stations, and public buildings which occupy at least three hundred feet (300 ) of frontage on one (1) side or three hundred feet (300 ) collectively on both sides of the highway. 4 The term camping trailer shall mean a trailer, not used commercially, constructed with partial side walls which fold for towing and unfold to provide temporary living quarters for recreational camping or travel use and of a size or weight not requiring an over-dimension permit when towed on a highway. 5 CONTROLLED The term controlled access highway shall mean every street, highway, or ACCESS roadway in respect to which owners or occupants of abutting lands and other HIGHWAY: persons have no legal right of access to or from the same except at such points only and in the manner as may be determined by the public authority having jurisdiction over such street, highway, or roadway. 6 1 For Statute authority, See S.H.A. Ch. 95 1/2, Sec For Statute authority, See S.H.A. Ch. 95 1/2, Sec For Statute authority, See S.H.A. Ch. 95 1/2, Sec For Statute authority, See S.H.A. Ch. 95 1/2, Sec For Statute authority, see S.H.A. Ch. 95 1/2, Sec For Statute authority, see S.H.A. Ch. 95 1/2, Sec Village of Morton 817

22 CROSSWALK: The term crosswalk shall mean: (a) That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs, or in the absence of curbs, from the edges of the transversable roadway. (b) Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. 1 DRIVER: EXPLOSIVES: FLAMMABLE LIQUIDS: HIGHWAY: HOUSE TRAILER: The term driver shall mean every person who drives or is in actual physical control of a vehicle. 2 The term explosives shall mean any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities, or packing that an ignition by fire, by friction, by concussion, by percussion, or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructible effects on contiguous objects or of destroying life or limb. 3 The term flammable liquids shall mean any liquids which have a flash point of seventy degrees (70 ) Fahrenheit or less, as determined by a tagliabue or equivalent closed cup test device. 4 The term highway shall mean the entire width between the boundary lines of every highway publicly maintained when any part thereof is open to the use of the public for the purposes of vehicular travel. 5 The term house trailer shall mean: (a) A trailer or semitrailer equipped and used for living quarters or for human habitation (temporarily or permanently) rather than for the transportation of freight, goods, wares, and merchandise; or (b) A house trailer or a semitrailer which is used commercially (temporarily or permanently), that is, for the advertising, sales, display, or promotion of merchandise or services, or for any other commercial purpose except the transportation of property for hire or the transportation of property for distribution by a private carrier. 6 IMPROVED HIGHWAY: The term improved highway shall be construed to include roadways of concrete, brick, asphalt, macadam, and crushed stone or gravel whenever said term is used in this Title. 7 1 For Statute authority, see S.H.A. Ch. 95 1/2, Sec For Statute authority, see S.H.A. Ch. 95 1/2, Sec For Statute authority, see S.H.A. Ch. 95 1/2, Sec For Statute authority, see S.H.A. Ch. 95 1/2, Sec For Statute authority, see S.H.A. Ch. 95 1/2, Sec For Statute authority, see S.H.A. Ch. 95 1/2, Sec For Statute authority, see S.H.A. Ch. 95 1/2, Sec Village of Morton

23 CHAPTER 6 PARKING SECTION: 9-6-1: Stopping, Standing, Or Parking Prohibited In Specified Places 9-6-2: No-Parking Areas; Times Designated 9-6-3: Limited Parking Areas; Times Designated 9-6-4: Reserved 9-6-5: Parking At Curb 9-6-6: Parking Vehicles For Sale 9-6-7: Repairing Or Racing Motor 9-6-8: Right Of Way 9-6-9: Loading/Unloading Zone/No Parking Of Trailers : Towing Vehicles Away : Prima Facie Proof : Parking Violations : Twenty Four Hour Limit : Handicapped Persons, Parking Privileges : Parking Of Vehicle With Expired Registration : Handicapped Parking Places, Unauthorized Use Of : Removal Of Unauthorized Vehicles : Handicapped Parking Violation, Penalty : Parking Prohibited On Unpaved Surfaces : Parking Of Trucks, Semi Trailers, Trailers, Pole Trailers, And Recreational Vehicles 9-6-1: STOPPING, STANDING, OR PARKING PROHIBITED IN SPECIFIED PLACES: (A) Except when necessary to avoid conflict with other traffic, or in compliance with law or directions of a police officer or official traffic control device, no person shall: 1. Stop, stand, or park a vehicle: (a) On the roadway side of any vehicle stopped or parked on the edge of a street; (b) On a sidewalk; (c) Within an intersection; (d) On a crosswalk; (e) Between a safety zone and adjacent curb or within thirty feet (30 ) of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings; (f) Alongside or opposite any street excavation or construction when stopping, standing, or parking would obstruct traffic; (g) Upon any bridge or other elevated structure upon a highway or within a highway tunnel; (h) On any railroad tracks; Village of Morton 817

24 (i) At any place where official signs prohibit stopping; (j) On any controlled access highway; (k) In the area between roadways and divided highways, including crossovers. 2. Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge passengers: (a) In front of a public or private driveway; (b) Within fifteen feet (15 ) of a fire hydrant; (c) Within twenty feet (20 ) of a crosswalk and an intersection; (d) Within thirty feet (30 ) upon the approach to any flashing signal, stop sign, yield sign, or traffic control signal located at the side of a roadway; (e) Within twenty feet (20 ) of a driveway entrance to any fire station and on the side of a street opposite the entrance of a fire station, within seventy five feet (75 ) of such entrance (where properly sign-posted); (f) At any place where official signs prohibit standing. 3. Park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading property or passengers: (a) Within fifty feet (50 ) of the nearest rail of a railroad crossing; (b) At any place where official signs or markings prohibit parking. (B) (C) It shall be unlawful for any person to move a vehicle not lawfully under his control into any such prohibited area or away from a curb such distance as is unlawful. (Ord. 80-5, ) The Chief of Police is authorized to extend all no parking areas as provided in this Chapter, up to a maximum of twenty-five feet (25 ) feet. (Ord , ) 9-6-2: NO-PARKING AREAS; TIMES DESIGNATED: Unless otherwise stated below, there shall be no parking at any time upon the streets set forth as follows: Thoroughfare Side Extent (A) E. Adams St. North side From S. Third to 360 west of S.Third. South side From S. First to 50 east of S. First. South side From 50 east of S. First to S. Third, between 8:00 A.M. and 4:00 P.M. on school days. (B) W. Adams St. North side From S. Pershing to 250 east of S. Pershing. South side From S. Pershing to 50 east of S. Pershing. (C) Alexander St. North side From N. Morton Ave. to 250 west of N. Morton Ave. South side From N. Morton Ave. to McArthur. (D) Ashland Ct. Both sides (E) E. Ashland St. Both sides (F) W. Ashland St. Both sides 817 Village of Morton

25 : HANDICAPPED PARKING PLACES, UNAUTHORIZED USE OF: It shall be prohibited to park any motor vehicle which is not bearing registration plates or decals issued to a person with disabilities, as defined by Section , pursuant to Sections 3-616, or , or to a disabled veteran pursuant to Section of this Act, as evidence that the vehicle is operated by or for a person with disabilities or disabled veteran, in any parking place, including any private or public off-street parking facility, specifically reserved, by the posting of an official sign as designated under Section , for motor vehicles bearing such registration plates. (References to the Section and the Act are to the Illinois Vehicle Code.) (Ord , ) : REMOVAL OF UNAUTHORIZED VEHICLES: When any police officer of the Village finds a vehicle in violation of any of the provisions of Section of this Chapter, such officer is hereby authorized to move such vehicle, or require the driver or other person in charge of the vehicle to move the vehicle. (Ord , ) : HANDICAPPED PARKING VIOLATION, PENALTY: Any person violating the provisions of Section of this Chapter shall, upon conviction, be fined the sum of three hundred fifty dollars ($350.00). In addition to said fine, any person violating the provisions of Section of this Chapter shall pay any costs or charges connected with the removal or storage of any motor vehicle as a result of the removal of same pursuant to Section of this Chapter. (Ord , ; amd. Ord , ; amd. Ord , ) : PARKING PROHIBITED ON UNPAVED SURFACES: Unless it is necessary for the operation of a business enterprise lawfully conducted thereon, motor vehicles must be parked on an all weather, durable and dustless, asphaltic, interlocking, concrete, paver, brick, or cement pavement surface except in the following circumstances: (A) During the time that a declaration has been made for snow removal pursuant to Title 9, Chapter 13; or (B) In an area no greater than six feet (6 ) in width which is directly adjacent to a street or private road either of which is not improved with curb and gutter. (amd. Ord , ) : PARKING OF TRUCKS, SEMI TRAILERS, TRAILERS, POLE TRAILERS AND RECREATIONAL VEHICLES: (A) (B) Parking of Semitrailers, Pole Trailers, Tow Trucks, Tractors and Truck Tractors: It shall be unlawful for any person, firm or corporation to park any semitrailer, pole trailer, tow truck, tractor or truck tractor, whether connected to a vehicle or not, on any public street or highway within the Village or Morton, or on any lot zoned in a residential district in the Village of Morton, except as otherwise specifically permitted in this Code. Parking of Recreational Vehicle or Boat Trailer: It shall be unlawful for any person, firm, or corporation to park any recreational vehicle or boat trailer on any public street or highway within the Village of Morton from 10:00 pm until 6:00 am, or at any time on a lot zoned in a residential zoning district in the Village of Morton in a method or manner in which such trailer or vehicle projects beyond the front of the residence or garage, except as follows: 1. It shall be lawful for a person, firm, or corporation to park no more than one (1) recreational vehicle or boat trailer on a lot zoned in the residential zoning district projecting beyond the front of the residence or garage for no longer a period than is necessary for the reasonably expeditious loading or unloading of such trailer or vehicle, and in no event for a period to exceed seventy-two (72) consecutive hours. Village of Morton 817