G49-92 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)
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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 :
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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
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