STATE OF ILLINOIS : : LIVINGSTON COUNTY : SS. : CITY OF PONTIAC : ORDINANCE NO. 2011-O-011 ORDINANCE AMENDING ARTICLE III OF CHAPTER 21 OF THE CODE OF ORDINANCES OF THE CITY OF PONTIAC, LIVINGSTON COUNTY, ILLINOIS WHEREAS, the City Council of the City of Pontiac has determined that the parking of certain trailers, trucks and other contrivances on the public right of way in residential use areas impairs the flow of traffic, results in unsafe traffic conditions and has a negative impact upon the use and enjoyment of residences in the City, upon aesthetics of residential neighborhoods in the City and upon property values of residential real estate in the City, and WHEREAS, the City Council of the City of Pontiac has determined that parking on the public right of way in residential use areas should be generally limited to passenger automobiles, vans, minivans, pickup trucks, trucks and service vehicles having a gross vehicle weight rating as defined in 625 ILCS 5/1-124.5 of 8000 pounds or less, motorcycles, motor driven cycles, low speed vehicles as defined in 625 ILCS 5/11-1426.2, and properly equipped neighborhood golf carts licensed by the City, and WHEREAS, the City Council has determined that it is in the best interest of the City and its residents that Article III entitled Stopping, Standing and Parking of Chapter 21 of the Code of Ordinances of the City of Pontiac be amended as hereafter provided. NOW, THEREFORE, Be it Ordained by the City Council of the City of Pontiac, Livingston County, Illinois as follows:
Section 1. That Article III entitled Stopping, Standing and Parking of Chapter 21 of the Code of Ordinances of the City of Pontiac, Illinois, shall be, and the same is hereby, by adding thereto a new Section 21-57 entitled Limited Parking in Residential Use Areas to read and provide as follows: ARTICLE III. Stopping, Standing and Parking. Sec. 21-57. Limited Parking in Residential Use Areas. (a) It shall be unlawful to park any vehicle, trailer or other contrivance, whether or not registered and licensed for operation on streets, roads and highways, upon any street, road, highway or alley right of way in the City adjacent to a residential use, or across from a residential use unless the property across from the residential use is zoned and used for commercial or industrial use and the vehicle or trailer so parked is used in connection with the commercial or industrial use, other than the following enumerated vehicles as to which parking shall be permitted unless otherwise posted, and if posted then such parking shall be subject to any limitations or restrictions provided, to-wit: (1) Automobiles, vans, minivans and sport utility vehicles. (2) Pickup trucks, trucks and service vehicles having a gross vehicle weight rating as defined in 625 ILCS 5/1-124.5 of 8000 pounds or less. (3) Motorcycles and motor driven cycles. (4) Low speed vehicles as defined in 625 ILCS 5/11-1426.2, and properly equipped neighborhood golf carts licensed by the City pursuant to this Chapter. (5) Recreational vehicles or camper trailers for a period of time not exceeding seventy-two (72) hours for the purpose of servicing, cleaning, loading and unloading. (6) Construction trailers, construction equipment or dumpsters for use in connection with a construction project, provided that the construction project must be authorized pursuant to a building permit issued by the City, that there is no reasonable alternative for parking same in a location other than the City right of way, that the City building and zoning official issues a temporary parking permit therefor for a period determined by the official to be reasonable to complete the work and the need therefor at the site and setting forth any other conditions such
as required signage or barricades, and the trailer, equipment or dumpster must be parked adjacent to the property for which the building permit is issued. (7) Delivery trucks, service vehicles and trailers for periods for such time as necessary for delivery, loading and unloading or performing services on an adjacent premises, but in no event in excess of eight (8) continuous hours. (b) The City Council may, upon application by any person, approve a variance to the parking restrictions contained in this section in accordance with the following, to-wit: (1) Prior to the City Council considering any variance application, owners of real estate on either side of the street in the same block as the parking is requested shall be given notice of the application and the date the City Council will consider the application, said notice to be given by the City at least fourteen (14) days prior to the City Council meeting at which the application will be considered by first class mail addressed to the owners of the real estate entitled to notice based upon the latest available ownership information shown on the internet website for the Livingston County Supervisor of Assessments. (2) In determining whether or not to grant the variance application, the City Council will consider all information considered relevant, including, but not limited to, the stated reason of the applicant preventing the applicant from complying with this section, alternatives available to the applicant including the convenience and cost thereof, the frequency and duration of the variance requested and the consequences of allowing the variance, including, but not limited to, impairment of traffic flow, traffic safety issues, the aesthetic impact on the neighborhood and the possible impact on property values. (3) The City Council may at its discretion approve or deny the variance in whole or in part, may impose conditions upon any variance allowed including, but not limited to, a termination date, and may in the future terminate the variance at any time in its discretion by an affirmative vote of a majority of the members present at any open public meeting at which a quorum is present. (c) This section shall not be construed or interpreted as repealing or modifying any other provisions of this chapter regulating parking, and the provisions of this section shall be in addition to any other applicable ordinance provisions and posted parking restrictions.
(d) (e) Any person parking any vehicle, trailer or other contrivance in violation of this section, or owning any vehicle, trailer or other contrivance parked in violation of this section, shall be subject to punishment as provided in section 1-11 of this Code for each and every offense, with each violation occurring on a separate calendar day constituting a separate offense. In addition to all other penalties for violations of this section, the City may cause any vehicle, trailer or other contrivance parked in violation of this section to be towed or otherwise removed, in which case the cost for such towing or removal shall be paid by the owner or possessor thereof before they will be permitted to take possession of said vehicle, trailer or other contrivance, as applicable. Section 2. That the Section 21-55 entitled Semi-tractor and Semi-trailer Parking Prohibited of Article III of Chapter 21 of the Code of Ordinances of the City of Pontiac, Illinois, adopted by City of Pontiac Ordinance No. 2006-O-032, shall be and the same is renumbered as Section 21-56, of said Article III of said Chapter 21, as Section 21-55 was already utilized for a section entitled Snow Routes as adopted by City of Pontiac Ordinance No. 2001-O-002, and both of said Section 21-55, entitled Snow Routes, and Section 21-56, entitled Semi-tractor and Semi-trailer Parking Prohibited shall be, and the same are, re-adopted to have the same terms as provided for said sections as set forth in said Ordinance No. 2001-O-002 in the case of Section 21-55, and Ordinance No. 2006-O-032 in the case of Section 21-56, respectively, as if the said sections were set forth verbatim herein. Section 3. This Ordinance shall be effective ten (10) days from and after passage, approval and publication in pamphlet form as required by law, and all ordinances in conflict herewith are hereby repealed.
Motion made by, seconded by that the above ordinance be passed. VOTES: YEA: NAY: ABSENT: ABSTAIN: Passed and approved this 20th day of June, 2011. ATTEST: Mayor City Clerk