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HomeMy WebLinkAboutG49-92 e CITY OF ELGIN ORDINANCE NO. G49-92 AN ORDINANCE AMENDING CHAPTER 13 . 04 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "GENERAL REGULATIONS" ADOPTED BY THE ew CITY COUNCIL OF THE CITY OF ELGIN ON THIS 12TH DAY OF AUGUST, 1992 Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 12th day of August, 1992 . elk STATE OF ILLINOIS ) ss . COUNTY OF KANE ) CERTIFICATE I, Dolonna Mecum, certify that I am the duly appointed and acting municipal clerk of the City of Elgin, Cook and Kane Counties, Illinois. I further certify that on August 12, 1992, the Corporate Authorities of such municipality passed and approved Ordinance No. G49-92, entitled An Ordinance Amending Chapter 13 . 04 of the Elgin Municipal Code, 1976, As Amended, Entitled "General Regulations, " which provided by its terms that it should be published in pamphlet form. eft The pamphlet form of Ordinance No. G49-92, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building, commencing on August 13, 1992, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk. DATED at Elgin, Illinois, on August 13, 1992 . 1f Munici.. lerk (SEAL) r ellmh Ordinance No. G49-92 AN ORDINANCE AMENDING CHAPTER 13. 04 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "GENERAL REGULATIONS" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1 . That Section 13 . 04 . 120 entitled "Commercial use of public way prohibited" of the Elgin Municipal Code, 1976 , as amended, be and is hereby further amended to read as follows: 13 . 04 . 120 Commercial use of public way prohibited. It is unlawful for any person, firm or corporation to use any street, sidewalk or other public place as space for the display of goods or merchandise, or to write or mark any sign or advertisement on any such pavement. Exceptions to this section may be granted by written approval of the director of public works or city council for a maximum period of three days and shall not issue if the use interferes with pedestrian or vehicular r► traffic, public utilities, or results in a safety hazard. Section 2 . That Section 13 . 04 . 130 entitled "Encroach- ments" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows : 13 .04 . 130 Encroachments . A. It is unlawful to erect or maintain any private building or structure which encroaches upon any public right-of-way or property. Exceptions to this section may be made only upon the written approval of the city manager with the recommendation of the city engineer; or by the city council, and shall not issue if the structure or building interferes with pedestrian or vehicular traffic, public utilities, or results in a safety hazard. Section 3 . That Section 13 . 04 . 150 entitled "Poles and wires--Limited placement" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows : r r 13 .04 . 150 Poles and wires--Limited placement. It is unlawful to erect or maintain any poles or wires over any public place, street, alley or other public way. Exceptions to this section may be made only upon the written approval of the director of public works; or city council . Such permission shall not issue if the poles or wires interfere with pedestrian or vehicular traffic, public utilities, or results in a safety hazard. Section 4 . That Section 13.04 . 160 entitled "Openings in public way--Permit" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows : 13 .04 . 160 Openings in public way--Permit. All presently maintained openings shall be guarded by a suitable cover or railing as approved by the director of public works . It is unlawful to construct any opening or stairway in any public street, sidewalk or alley. Exceptions to this section may be made only upon the written approval of the director of public works . Such permit shall eft not issue if the opening or stairway interferes with pedestrian or vehicular traffic, public utilities, or results in a safety hazard. Section 5. That Section 13.04 . 170 entitled "Deposits on streets" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows : 13 .04 . 170 Deposits on streets . A. It is unlawful for any person to deposit on any street, sidewalk, or alley, any dirt, mud, clay, cement, concrete, gravel, stones, plant matter, snow, refuse or garbage. B. In the event the person depositing such material fails to immediately remove the material, the director of public works may cause the material to be removed. The cost of such removal and all expenses incurred in connection therewith shall be assessed against and paid by the person depositing the material. C. Assessment of costs against any person violating this chapter shall not be construed as a waiver of the right of the city to impose a fine elft pursuant to the terms of Chapter 1 .20 of this code. Section 6 . That Section 13 .04 . 190 entitled "Deposit of snow on public property" of the Elgin Municipal Code, 1976, as amended, be and is hereby deleted. Section 7 . That Chapter 13 .04 entitled "General Regulations" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding Section 13 . 04 .210 to read as follows : 13 . 04 .210 Certificates of insurance. Each applicant for an exception pursuant to sections 13.04 . 120, 13 . 04 . 130, 13 . 04 . 150 and 13 .04 . 160 shall obtain and provide to the city, a certificate of insurance, naming the city as additionally insured on a public liability insurance policy which shall insure against all public risks related to the use, maintenance, existence or location of the encroachment, and shall consist of Comprehensive General Liability for Bodily Injury, Personal Injury and Property Damage for $100,000 per occurrence; $500,000 annual aggregate. Section 8 . That all ordinances or parts thereof in conflict with this ordinance are repealed. Section 9 . That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. Gei VanDeVoorde, Mayor Presented: August 12, 1992 Passed: August 12, 1992 Omnibus Vote: Yeas 7 Nays 0 Recorded: August 13, 1992 Published: August 13, 1992 Attest: Dolonna Mecum, it Clerk r