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G36-86 Ordinance No. G36-86 AN ORDINANCE AMENDING THE ELGIN MUNICIPAL CODE TO PROHIBIT SIGNS WITHIN THE PUBLIC RIGHT OF WAY OR UPON PUBLIC PROPERTY WHEREAS, the City of Elgin is an Illinois municipal corporation and a home rule unit pursuant to the Constitution and laws of the State of Illinois; and WHEREAS, the presence of numerous signs within the public right of way and upon public property creates unsightly and confusing conditions; and WHEREAS, such signs create a danger to the public health, safety and welfare in that their unregulated placement obstructs view and can confuse the drivers of motor vehicles; and WHEREAS, such signs tend to result in the deterioration of property values; and WHEREAS, the City Council of the City of Elgin has determined that it is neces- sary and desirable to prohibit all signs within the public right of way and upon public property except for traffic, street and public information signs. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Chapter 19.45 (entitled "Community Graphics") of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended, as follows: Section I. That Section 19.45.040 entitled "Exempted Graphics" be and is hereby amended by amending the first sentence to read as follows: "19.45.040 Exempted Graphics Except for the provisions and regulations contained in Sec- tion 19.45.025 of this chapter, the provisions and regulations of this chapter shall not apply to the following community graphics, nor shall the area of such community graphics be included in the sign area permitted for any establishment:" Section 2. That Chapter 19.45 be and is hereby amended by adding Sec- tion 19.45.025 to read as follows: "19.45.025 Community Graphics Within the Public Right of Way or Upon Public Property Prohibited A. No person shall paint, mark or write on or post or otherwise affix any hand bill or sign to or upon any public place or right of way or to or upon any thing within such public place or right of way including, but not limited to, any sidewalk, crosswalk, curb, curbstone, street lamppost, hydrant, tree, shrub, railroad trestle, utility pole or wire appurtenance thereof, any fixture of a fire alarm, public bridges, drinking fountains or such signs permitted pursuant to Subsection 19.45.025(B) herein. B. Nothing in this section shall apply to the installation and mainte- nance of the following: street and traffic signs installed by or at the direction of a public body; public information signs installed by or at the direction of a public body; road or utility construction signs; signs or banners on a permanent or temporary basis approved by the City Council of the City of Elgin commemorating an historical, cultural or artistic event; the painting of house numbers on curbs in accordance with the provisions of this code. C. Any hand-bill or sign found posted, or otherwise affixed upon any public property contrary to the provisions of this section may be removed by the Department of Public Works. The person responsible for any such illegal posting shall be liable for the cost incurred in the removal thereof and the Department of Public Works is authorized to effect the collection of said cost. Such costs shall be in addition to any fine or penalty authorized by law." Section 3. That all ordinances or parts thereof in conflict with this ordinance are repealed. Section 4. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. s/ Richard L. Verbic Richard L. Verbic, Mayor AI) Presented: May 12, 1986 Passed: May 12 , 1986 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Yearman Marie Yearman, City Clerk Al)