HomeMy WebLinkAbout#4034 ORDINANCE NO 4034
WHEREAS, the Legal and Ordinance Committee has determined that in the interest of
efficiency, the City of Canton Municipal Code should be amended to allow for a penalty and
settlement section that can apply to the entire Code and be amended when City Council deems it
necessary; and
WHEREAS, the Legal & Ordinance Committee has determined that for financial and
organizational purposes, it is in the best interests of the citizens of Canton to restructure the City
of Canton Municipal Code and to allow ordinance violators an opportunity to settle their
violations prior to appearing in court; and
WHEREAS, the Legal and Ordinance Committee has reviewed the proposed
amendments and concurs that it is necessary and in the best interest of the administration of the
City of Canton, its employees and citizens to amend the Code in the following manner;
WHEREAS, the City Council has made a similar determination.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CANTON, FULTON COUNTY, ILLINOIS as follows:
1. Title 3 (Business Regulations) Chapter 7 (Cigarettes) Section 9 (Penalty) shall be
repealed in its entirety and shall read as follows:
PENALTY: Violations of this chapter shall be governed by Title 1 (Administration)
Chapter 27 (General Penalty) and the fee schedule that is adopted by City Council
from time to time.
2. Title 3 (Business Regulations) Chapter 8 (Intoxicating Liquors) Section 9 (Certain
Persons; Minors) shall be amended to add 3-8-9(D) and shall read:
(D)Violations of any provisions of 3-8-9 shall be governed by Title 1
(Administration) Chapter 27 (General Penalty) and the fee schedule that is
adopted by City Council from time to time.
3. Title 3 (Business Regulations) Chapter 8 (Intoxicating Liquors) Section 21 (Penalty)
shall be amended and shall read:
PENALTY: Violations of this chapter shall be governed by Title 1 (Administration)
Chapter 27 (General Penalty) and the fee schedule that is adopted by City Council
from time to time.
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4. Title 6 (Police Regulations) Chapter 3 (Misdemeanors) Section 1-1 (Carrying
Concealed Weapons) shall amended and shall read as follows:
No person shall, within the city, wear or carry concealed about his person any pistol,
revolver, slingshot, metallic knuckles, bowie knife, dirk, razor or other dangerous or
deadly weapon without appropriate concealed carry license from the state of Illinois
or from any other state that acknowledges reciprocating licenses. Additionally, no
person shall display or flourish any such weapon in a boisterous or threatening
manner. Violations of this chapter shall be governed by Title 1 (Administration)
Chapter 27 (General Penalty) and the fee schedule that is adopted by City Council
from time to time. This section shall not apply to any policeman, constable, or other
police officer while in the discharge of his duty, nor to any person summoned by any
officer to aid him in making an arrest or preserving the peace.
5. Title 6 (Police Regulations) Chapter 3 (Misdemeanors) Section 1-2 (Public Drinking)
shall be amended to read as follows:
PUBLIC DRINKING or POSSESSING OF ALCOHOL: It shall be unlawful for any
person or persons to possess any intoxicating liquor or consume any intoxicating
liquor on any public street, highway, sidewalk, alley, lane, avenue, public square,
vacant lot or in any unoccupied building within the city. Violations of this section
shall be governed by Title 1 (Administration) Chapter 27 (General Penalty) and the
fee schedule that is adopted by City Council from time to time.
6. Title 6 (Police Regulations) Chapter 3 (Misdemeanors) Section 1-3 (Advertising
Devices) shall be amended and shall read as follows:
No person shall make, cause, permit or allow to be made, any noise of any kind by
means of any whistle, bell, rattle, gong, clapper, loudspeaker, hammer, drum, horn,
megaphone, amplifier, phonograph, graphophone or similar mechanical device or
devices, or by voice, at any time, for the purpose of advertising any goods, wares or
merchandise, or of attracting the attention of inviting the patronage of any person to
do any business whatsoever anywhere in the City with the exception of (1) City
sponsored events; (2) not-for-profit charitable activities/events; or (3) part of an
approved special event as allowed by the City's special event permit.
PENALTY: Violations of this section shall be governed by Title 1 (Administration)
Chapter 27 (General Penalty) and the fee schedule that is adopted by City Council
from time to time.
7. Title 6 (Police Regulations) Chapter 3 (Misdemeanors) Section 1-4 (Keeping Dogs
Tied) shall be amended and shall read as follows:
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It shall be unlawful for any person in the city to keep any dog, whelp, bitch, calf or
other animal shut up or tied up in any yard, house or other place, which, by barking,
howling or by other noises shall disturb the peace and quiet of any family, individual
or neighborhood. Violations of this section shall be governed by Title 1
(Administration) Chapter 27 (General Penalty) and the fee schedule that is adopted by
City Council from time to time.
8. Title 6 (Police Regulations) Chapter 3 (Misdemeanors) Section 1-5(B) shall be
repealed in its entirety and shall read as follows:
PENALTY: Violations of Section 6-3-1-5(A) shall be governed by Title 1
(Administration) Chapter 27 (General Penalty) and the fee schedule that is adopted by
City Council from time to time.
9. Title 6 (Police Regulations) Chapter 3 (Misdemeanors) Section 3-1 (Trespassing)
shall be repealed in its entirety and shall read as follows:
6-3-3-1 TRESPASSING:
(A) Trespassing Upon School Property: No person shall go upon, into, pass through
or over any property or premises used for school purposes, within the city;
provided that this subsection shall not be so construed as to apply to children
while attending school, teachers,janitors, and such other persons as may go upon
such property or premises for the transaction of lawful,permitted business.
(B)Trespassing on Public Parks: No person shall injure nor in any manner interfere
with or disturb any tree, flower or shrub, or any other thing in any park, nor
injure, cut, break or deface any seat, tree, lamp, shrub, flower or other thing in
such park.
(C)Penalty: Violations of this chapter shall be governed by Title 1 (Administration)
Chapter 27 (General Penalty) and the fee schedule that is adopted by City Council
from time to time.
10. Title 6 (Police Regulations) Chapter 4 (Animals) Section 6 (Penalty) shall be repealed
in its entirety and shall read as follows:
PENALTY: Violations of Section 6-4-2 shall be required to appear in court. Any
person who is convicted of violating Section 6-4-2(A) shall be subject to a fine of not
less than two hundred fifty dollars ($250.00) nor more than seven hundred fifty
dollars ($750.00), exclusive of court costs, for each such occurrence. Violation of
Sections 6-4-2(B)-(R) through 6-4-5 shall be governed by Title 1 (Administration)
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Chapter 27 (General Penalty) and the fee schedule that is adopted by City Council
from time to time.
11. Title 6 (Police Regulations) Chapter 7 (Abandoned, Wrecked Vehicles) Section 8
(Penalty) shall be repealed in its entirety and shall read as follows:
PENALTY: Violations of this chapter shall be governed by Title 1 (Administration)
Chapter 27 (General Penalty) and the fee schedule that is adopted by City Council
from time to time.
12. Title 6 (Police Regulations) Chapter 17 (City Curfew) Section 3 (Penalty) shall be
repealed in its entirety and shall read as follows:
PENALTY: Violations of this chapter shall be governed by Title 1 (Administration)
Chapter 27 (General Penalty) and the fee schedule that is adopted by City Council
from time to time.
13. Title 6 (Police Regulations) Chapter 19 (Loitering) Section 4 (Penalty) shall be
repealed in its entirety and shall read as follows:
PENALTY: Violations of this chapter shall be governed by Title 1 (Administration)
Chapter 27 (General Penalty) and the fee schedule that is adopted by City Council
from time to time.
14. Title 6 (Police Regulations) Chapter 22 (Synthetic Alternative Drugs) Section 5
(Penalty) shall be repealed in its entirety and shall read as follows:
PENALTY: Violations of this chapter, whether by a person, firm, partnership,
corporation, LLC, or other legal entity, shall be governed by Title 1 (Administration)
Chapter 27 (General Penalty) and the fee schedule that is adopted by City Council
from time to time.
Additionally, any person guilty of violating any provision of this may also have up to
fifty (50) hours of community service work added to his/her sentence in addition to or
as an alternative to any fine issued.
15. Title 7 (Health & Sanitation) Chapter 1 (Nuisances) Section 1-3 (Nonsummary
Abatement) shall be repealed in its entirety and shall read as follows:
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If the person so served and notified does not abate the nuisance within the specified
reasonable time, the corporate authorities may proceed to abate the nuisance in any or
all manner allowable by law, including, without limited to the following:
(A) Seeking to impose a penalty as governed by Title 1 (Administration) Chapter 27
(General Penalty) and the fee schedule that is adopted by City Council from time
to time.
(B)Seeking to enjoin the continuation of the nuisance by the filing of a lawsuit in a
court of competent jurisdiction.
16. Title 7 (Health & Sanitation) Chapter 1 (Nuisances) Section 2(L) (Penalty) shall be
repealed in its entirety and shall read as follows:
PENALTY: Violations of Section 2 (Noises Prohibited) shall be governed by Title 1
(Administration) Chapter 27 (General Penalty) and the fee schedule that is adopted by
City Council from time to time.
17. Title 7 (Health & Sanitation) Chapter 1 (Nuisances) Section 6-6 (Penalty) shall be
repealed in its entirety and shall read as follows:
PENALTY: Violations of this chapter shall be governed by Title 1 (Administration)
Chapter 27 (General Penalty) and the fee schedule that is adopted by City Council
from time to time.
18. Title 7 (Health & Sanitation) Chapter 1 (Nuisances) Section 3-1 (B) (Possession of
Cannabis) shall be repealed in its entirety and shall read as follows:
PENALTY: Violations of any subsection of Section 3 (Controlled Substances and
Cannabis) and/or Section 3-1 (Possession of Cannabis) shall be governed by Title 1
(Administration) Chapter 27 (General Penalty) and the fee schedule that is adopted by
City Council from time to time.
19. Title 7 (Health & Sanitation) Chapter 1 (Nuisances) Section 3-1-13 (Penalty) shall be
repealed in its entirety and shall read as follows:
PENALTY: Violations of any subsection of Section 3 (Controlled Substances and
Cannabis) and/or Section 3-2 through Section 3-12 shall be governed by Title 1
(Administration) Chapter 27 (General Penalty) and the fee schedule that is adopted by
City Council from time to time.
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20. Title 7 (Health & Sanitation) Chapter 1 (Nuisances) Section 4-1 (B) (Possession of
Drug Paraphernalia) shall be repealed in its entirety and shall read as follows:
PENALTY: Violations of any subsection of Section 4 (Drug Paraphernalia Control)
and/or Section 4-1 (Possession of Drug Paraphernalia) shall be governed by Title 1
(Administration) Chapter 27 (General Penalty) and the fee schedule that is adopted by
City Council from time to time.
21. Title 7 (Health and Sanitation) Chapter 2 (Health Regulations) Section 6 (Penalty)
shall be repealed in its entirety and shall read as follows:
PENALTY: Violation of this chapter shall be governed by Title 1 (Administration)
Chapter 27 (General Penalty) and the fee schedule that is adopted by City Council
from time to time.
22. Title 7 (Health and Sanitation) Chapter 2 (Health Regulations) shall be amended to
include a section that shall read as follows:
It shall be unlawful for any person to urinate or defecate anywhere in the city that is
within public view and/or is on public property.
23. Title 9 (Traffic) Chapter 5 (Parking Rules) Section 14(F) (Handicap Parking) shall be
amended to read as follows:
(F) Use of a handicap parking space by a motor vehicle not being then used for the
transportation of handicap persons shall subject the operator of such motor
vehicle to the penalties set for the in Title 1 (Administration) Chapter 27 (General
Penalty) and the fee schedule that is adopted by City Council from time to time
according to 625 Illinois Compiled Statutes 5/11-1301(c) for each such
occurrence, exclusive of court costs. The parking of a motor vehicle not
displaying a valid handicap marker as set forth in subsection (c)(1) of this section,
in a handicap parking space shall be prima facie evidence of a violation of this
section.
24. Title 9 (Traffic) Chapter 11 (Violations; Penalties), Section 1 (Penalty) shall be
amended and shall read as follows:
PENALTY: Violation of any subsection of Title 9 (Traffic) shall be governed by
Title 1 (Administration) Chapter 27 (General Penalty) and the fee schedule that is
adopted by City Council from time to time.
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25. Title 9 (Traffic) Chapter 11 (Violations; Penalties), Section 4 (Parking Violation)
shall be repealed in its entirety.
PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting
this 19th day of July, 2016, upon a roll call vote as follows:
AYES: Alderman Justin Nelson, Gerald Ellis,Angela Hale, Craig West, Tad
Putrich,Jim Nelson
NAYS: None
ABSENT: Alderman John Lovell, Ryan Mayhew
ABSTAIN: None
APPROVED:
AEST: J�
e frey A. F , ayor
T
Di avley- ock, City Clerk
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