G44-98 %. *
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 .
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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
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