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Home My WebLink AboutG44-98 %. * CITY OF ELGIN ORDINANCE NO. G44-98 AN ORDINANCE AMENDING CHAPTER 11 . 56 ENTITLED "PARKING RULES" OF THE ELGIN MUNICIPAL CODE, 1976 , AS AMENDED, ADOPTED BY THE CITY COUNCIL OF THE eft CITY OF ELGIN ON THIS 13TH DAY OF MAY, 1998 Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 14th day of May, 1998 Y v. 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 May 13, 1998, the Corporate Authorities of such municipality passed and approved Ordinance No. G44-98, entitled An Ordinance Amending Chapter 11 . 56 Entitled "Parking Rules" of the Elgin Municipal Code, 1976, as Amended, which provided by its terms that it should be published in pamphlet form. tow The pamphlet form of Ordinance No. G44-98, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building, commencing on May 14 , 1998, 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 May 14 , 1998 Municipal Clerk (SEAL) Ordinance No. G44-98 AN ORDINANCE AMENDING CHAPTER 11 . 56, ENTITLED "PARKING RULES" , OF THE ELGIN MUNICIPAL CODE, 1976 , AS AMENDED WHEREAS, the City of Elgin is regulating motor vehicles hauling junk, yard waste and recyclable materials that park on both public and private property to ensure that the motor vehicles hauling these items do not remain in residential areas for extended periods of time; and WHEREAS, the City of Elgin has determined it is necessary to regulate the parking of motor vehicles hauling junk, yard waste and recyclable materials to preserve order and cleanliness and to prevent visual blight; and WHEREAS, the City of Elgin has determined it is necessary to regulate the parking of motor vehicles hauling junk, yard waste and recyclable materials to preserve the character of its residential neighborhoods; and WHEREAS, the City of Elgin has determined it is necessary to regulate the parking of motor vehicles hauling junk, yard waste and recyclable materials to ensure that the city remains an attractive place to live and work, and to protect and maintain property values; and WHEREAS, the City of Elgin has determined it is necessary to regulate the parking of motor vehicles hauling junk, yard waste and recyclable materials to protect the health, safety, welfare, morals, convenience, and comfort to the public; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That Chapter 11 .56 of the Elgin Municipal Code, 1976 , as amended, be and is hereby amended to create Section 11 . 56 . 070 to read as follows : 11 . 56 . 070 DEFINITIONS For the purposes of this section, the following words shall have the meanings ascribed to them as follows : A. "Junk" shall mean all scrap metals and their alloys, bones, rags, used cloth, used rubber, used rope, used tinfoil, used bottles, old or used machinery, used tools, used appliances, used structures, used utensils, used lumber, used cardboard, used paper, used furniture, used boxes or crates, used pipe or pipe fittings, unlicensed, inoperable or abandoned motor vehicles or motor vehicle parts, and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition, but are subject to being dismantled. "Motor vehicle" shall mean a self-propelled device in, upon or by which any person or property is or may be transported or drawn upon a street. "Park" or "parking" shall mean the standing of a motor vehicle, whether occupied or not, otherwise than when temporarily and actually engaged in loading or unloading property or passengers; however, this definition shall not apply to the standing of any motor vehicle that is being utilized by any person actively engaged in lawn maintenance, landscaping, roofing, or any other construction or trade activity at a location not more than fifty ( 50) feet from the standing motor vehicle. "Premises" shall mean a lot, plot, or parcel of land including any structures thereon. "Recyclable materials" shall mean materials which can be removed from the solid waste or garbage stream and reused in manufacturing, agriculture, power production, or other processes and which, for the purposes of this section, are defined as newspapers, glass, metal cans and plastic containers . "Residential district" shall mean any zoning district within the city in which a dwelling unit may be established and maintained as a permitted or conditional 016• use and where the dwelling unit provides complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. "Stop" or "stopping" shall mean any halting of a motor vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control-sign or signal . "Street" shall mean the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel . "Trailer" shall mean every vehicle without motive power in operation designed for carrying persons or property that is subject to registration by the Illinois Secretary of State pursuant to the Illinois Vehicle Code and capable of being drawn by a motor vehicle. "Yard waste" shall mean any plant material including but not limited to trees, shrubs, herbs, flowers, grasses, sod, weeds , leaves and shall also include soil, manure and fertilizers . tOw B. No person shall park a motor vehicle or trailer containing junk, yard waste or recyclable materials on any city street for longer than one hour. C. No person shall park a motor vehicle or trailer containing junk, yard waste or recyclable materials on any city street after 8 : 00 p.m. and before 7 : 00 a.m. D. No person shall park a motor vehicle or trailer containing junk, yard waste or recyclable materials on any premises located within a residential district for longer than one hour unless the motor vehicle or trailer containing junk, yard waste or recyclable materials is parked within a fully enclosed building. E . Violation. Any person violating this section shall be issued a warning for his or her first offense. Any person commiting a second or subsequent offense under this section shall be punished by a fine of not less than $100 . 00 upon conviction. Any person convicted of a third offense under this section within any twelve month period shall be punished by a fine of not less than $250 . 00 . Any person convicted of a fourth or subsequent offense under this section within any twelve month period shall be fined not less than $500 . 00 . Section 2 . That all ordinances or parts of ordinances in t/6►. conflict with the provisions of this ordinance be and are hereby repealed. Section 3 . That nothing in this ordinance shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance. Section 4 . That this ordinance shall be in full force and effect 10 days after its passage in the manner provided by law. Kevin Kelly, May. Presented: May 13, 1998 Passed: May 13, 1998 Omnibus Vote: Yeas 5 Nays 0 Recorded: May 14 , 1998 Published: May 14 , 1998 Attest: 89134)14 ,42 Dolonna Mecum, City Clerk tow