HomeMy WebLinkAboutOrdinance #1268. R
ORDINANCE N0. 1268
AN ORDINANCE CREATING TITLE 8, CHAPTER 19 OF THE CANTON MUNICIPAL
CODE RELATING TO THE IISE OF PUBLIC AND PRIVATE SEWERS AND DRAINS,
PRIVATE SEWAGE DISPOSAL, THE INSTALLATION AND CONNECTION OF
BIIILDING SEWERS, T13E DISCHARGE OF WATERS AND WASTES INTO THE
PUBLIC SEWER. SYSTEM, PENALTIES FOR VIOLATIONS THEREOF AND, THE
LEVYING OF CHARGES FOR WASTEWATER SERVICE
WHEREAS, the Public ~~lorks Water and Sewer Committee has
determined that it is necessary and in the best interest of the
City of Canton to create Title 8, Chapter 19 of the Canton
Municipal Code as hereinafter set forth; and,
WHEREAS, the Canton City Council has made a similar
determination.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COIIAICIL OF THE
CITY OF CANTON, Fulton County, Illinois, as follows:
1. That the Canton City Council hereby finds the foregoing
recitals to be fact.
2. That Title 8, Chapter 19 of the Canton Municipal Code is
hereby promulgated to read as follows:
"Chapter 19
An ordinance regulating: The use of public and private
sewers and drains, private sewage disposal, the installation and
connection of building sewers, the discharge of waters and caastes
into the public sewer system, penalties for violations thereof;
and,
ARTICLE I
IIse of Fublic Sewers Required
8-19-1: It shall be unlawful for any person to place,
deposit, or permit to be deposited in any unsanitary manner on
public or private property within the City of Canton or in any
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area under the jurisdiction of said City, any human or animal
excrement, garbage or other objectionable waste.
8-19-2: It shall be unlawful to discharge to any natural
outlet within the City of Canton, or in any area under the
jurisdiction of said City, any sewage or other polluted waters,
except where suitable treatment has been provided in accordance
with subsequent provisions of this ordinance.
8-19-3: Except as hereinafter provided, it shall be
unlawful to construct or maintain any privy, privy vault, septic
tank, cesspool, or other facility intended or used for the
disposal of sewage.
8-19-4: The owner of all the houses, building, or
properties used for human occupancy, employment, recreation, or
other purposes situated within the City and abutting on any
street, alley, or right-of-way in which there is now located or
may in the future be located any public sanitary (or combined)
sewer of the City, is hereby required at his expense to install
suitable toilet facilities therein, and to connect such facilities
directly with the proper public sewer in accordance with the
provisions of this ordinance, within ninety (90) days after date
of official notice to do so, provided that said public sewer is
within 10 feet of the property line.
ARTICLE II
Private Sewage Disposal
8-19-5: GJhere a public sanitary (or combined) sewer is not
available under the provisions of Article I, Section la., the
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building sewer shall be connected to a private sewage disposal
system complying with the provisions of this Article II.
8-19-6: Before commencement of construction of a private
sewage disposal system the owner shall first obtain a written
permit signed by the Building Official. The application for such
permit shall be made on a form furnished by the City, (reference
Appendix ~2) which the applicant shall supplement by any plans,
specifications and other information as deemed necessary by the
Building Official. A permit and inspection fee in conformity with
the Uniform Building Code or Uniform Plumbing Code shall be paid
to the City at the time the application is filed.
8-19-7: A permit fora private sewage disposal system
shall not become effective until the installation is completed to
the satisfaction of the Building Official. He shall be allowed to
inspect the work at any stage of construction and, in any event,
the applicant for the permit shall notify the Building Official
when the work is ready for final inspection, and before any
underground portions are covered. The inspection shall be made
within 2l~ hours of the receipt of written notice by the Building
Official.
8-19-8: The type, capacities, location, and layout of a
private sewage disposal system shall comply with all
recommendations of the State of Illinois Private Sewage Disposal
Licensing Act and Code and with the State of Illinois
Environmental Protection Agency. No permit shall be issued for
any private sewage disposal system employing subsurface soil
absorption facilities where the area of the lot is less than
20,000 square feet (1,859 square meters). ado septic tank or
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cesspool shall be permitted to discharge to any natural outlet.
8-19-9: At such time as a public sewer becomes available to a
property served by a private sewage disposal system, as provided
in Article I, Section /~, a direct connection shall be made to the
public sewer in compliance with this ordinance, and any septic
tanks, cesspools, and similar private sewage disposal facilities
shall be abandoned and filled with suitable material.
8-19-10: The owner shall operate and maintain the private
sewage disposal facilities in a sanitary manner at all times, and
at no expense to the City.
8-19-11: No statement contained in this Article shall be
construed to intefere with any additional requirements that may be
imposed by the Health Officer, by the Fulton County Health
Department, or, by their respective successors.
8-19-1?: When a public sewer becomes available, the
building sewer shall be connected to said sewer within sixty (60)
days and the private sewage disposal system shall be cleaned of
sludge and filled with clean bank-run gravel or dirt.
ARTICLE III
Building Sewers and Connections
8-19-13: No unauthorized person shall uncover, make any
connections with, or opening into; use; alter; or disturb any
public sewer or appurtenance thereof without first obtaining a
written permit from the Building Official.
8-19-1Lr.: All disposal by any person into the sewer system
is unlawful except those discharges in compliance with Federal
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Standards promulgated pursuant to the Federal Act and more
stringent State and local standards.
8-19-15: There shall be two (2) classes of building sewer
permits: (a) for residential, wastewater service, and (b) to
commercial, institutional/governmental or industrial wastewater
service. In either case, the owner or his agent shall make
application on a special form furnished by the City, (reference
Appendix ~2).
The permit application shall be supplemented by any plans,
specifications, or other information considered pertinent in the
judgment of the Building Official. A permit and inspection fee
of $25.00 dollars for a residential or commercial building sewer
permit shall be paid to the City at the time the application is
filed. The industry, as a condition of permit authorization, must
provide information fully and completely describing its wastewater
constituents, characteristics, and type of activity.
8-19-16: A building sewer permit will only be issued and a
sewer connection shall only be allowed if it can be demonstrated
that the downstream sewerage facilities, including sewers, pump
stations and wastewater treatment facilities, have sufficient
reserve capacity to adequately and efficiently handle the
additional anticipated waste load.
8-19-17: All costs and expense incident to the installation
and connection of the building sewer shall be borne by the owner.
The owner shall indemnify the City from any loss or damage that
may directly or indirectly be occasioned by the installation of
the building sewer.
8-19-18: A separate and independent building sewer shall be
provided for every building, except that where one building stands
at the rear of another on an interior lot and no private sewer is
available or can be constructed to the rear building through an
adjoining alley, court, yard, or driveway, the building sewer from
the front building may be extended to the rear building and the
whole considered as one building sewer, but the City does not or
will not assume any obligation or responsibility for damage caused
by or resulting from any such connection.
8-19-19: Old building sewers may be used in connection with
new buildings only when they are found, on examination and test by
the Building Official, to meet all requirements of this ordinance.
8-19-20: The size, slope, alignment, materials of
construction of a bulding sewer, and the methods to be used in
excavating, placing of the pipe, jointing, testing, and
backfilling the trench, shall all conform to the requirements of
the building and plumbing code or other applicable rules and
regulations of the City. In the absence of code provisions or in
amplification thereof, the materials and procedures set forth in
appropriate specifications of the American Socity of Testing
P~Iaterials, Water Pollution Control Federation Manual of Practice
No. g, and Standard Specifications for Water and Sewer Main
Construction in Illinois shall apply.
8-19-21: Whenever possible, the building sewer shall be
brought to the building at an elevation below the basement floor.
In all buildings in which any building drain is too low to permit
gravity flow to the public sewer, sanitarSr sewage carried by such
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building drain shall be lifted by a means which is approved in
accordance with Article II, Section 2, and discharged to the
building sewer.
8-19-22: Ido person(s) shall make connection of roof
downspouts, exterior foundation drains, areaway drains, or other
sources of surface runoff or groundwater to a building sewer or
building drain which in turn is connected directly or indirectly
to a public sanitary sewer.
8-19-23: The connection of the building sewer into the public
sewer shall conform to the requirements of the building and
plumbing code, or other applicable rules and regulations of the
City, or the procedures set forth in appropriate specifications of
American Society of Testing Materials, Mater Pollution control
Federation Aianual of Practice No. 9, and Standard Specifications
for ~1~ater and Sewer Main Construction in Illinois. All such
connections shall be made gastight and watertight. Any deviation
from the prescribed procedures and materials must be approved by
the Plumbing Inspector before installation.
8-19-24: The applicant for the building sewer permit shall
notify the Building Official when the building sewer is ready for
inspection and connection to the public sewer. The connection
shall be made under the supervision of the Building Official or
his representative.
3-19-25: All excavations for building sewer installation
shall be adequately guarded with barricades and lights so as to
protect the public from hazard. Streets, sidewalks, parkways, and
other public property disturbed in the course of the work shall be
restored in a manner satisfactory to the City.
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8-19-26: The discharge from plumbing fixtures, only, shall
be connected to the public sanitary sewers of the City. For the
purposes of this Chapter, the term "plumbing fixtures" shall be
construed in accordance taith the Illinois State Plumbing Code, and
shall specifically include basement floor drains.
The connection of footing tile, area drains,
surface water inlets, downspouts, yard or field drains or any
other drainage facility which receives ground water seepage or
collected surface water to the public sanitary sewer system is
hereby prohibited.
8-19-27: All building sewers within a building or within
five feet (5') of a water service pipe shall be in accordance with
the Illinois State Plumbing Code. New sanitary sewers (private or
public) beyond the limits described above for connection with a
City setaer shall be one of the following:
1. Case iron soil pipe, AST~i Specification A-74, latest revision.
2. Heavy wall PVC plastic pipe, ASTP~I D2729, D3033 or D3034 latest
revision.
3. Heavy wall ABS plastic pipe, AST~7 Specification D2751, latest
revision.
Sewers eight inches (8") in diameter or longer shall be
of materials as specified in Standard Specifications or as
approved by the City.
The size and slope of the building sewer shall be
subject to the approval of the Building Official, but in no event
shall the size be less than four inches (/~") in diameter. The
slope of such pipe shall not be less than one-fourth inch (1/L~")
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per foot for four inch (l,.") diameter pipe, or one-eighth inch
(1/8") per foot for six inch (6") diameter pipe. Any pipe laid
longitudinally in public streets, alleys or easements which could
connect more than one building sewer or could be extended to
connect more than one building sewer, shall be not less than eight
inches (8") in diameter, and shall be constructed to a minimum
depth to permit further extension thereto. Sewers constructed
longitudinally in a public street, alley or easement shall be
constructed in accordance with plans and specifications prepared
by a Registered Professional Engineer and approved by the Illinois
Environmental Protection Agency and the City.
ARTICLE IV
IIse of the Public Sewers
8-19-28: No person shall discharge, or cause to be
discharged, any stormwater, surface iaater, groundwater roof
runoff, subsurface drainage, uncontaminated cooling water, or
unpolluted industrial process waters to any sanitary sewer.
8-19-29: Stormwater and all other unpolluted drainage shall
be discharged to such sewers as are specifically designated as
combined sewers or storm sewers, or to a natural outlet approved
by the ti~Tastewater Treatment Superintendent. Industrial cooling
water or unpolluted process waters may be discharged on written
approval of the Wastewater Treatment Superintendent, to a storm
sewer, combined sewer, or natural outlet.
8-19-30: TJo person shall discharge or cause to be
discharged any of the following described waters or wastes to any
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public sewers:
(a) any gasoline, benzene, naphtha, fuel oil, or
other flammable or explosive liquid, solid, or gas.
(b) Any waters or wastes containing toxic or
poisonous solids, liquids, or gases in sufficient quantity, either
singly or by interaction with other wastes, to injure or interfere
with any sewage treatement process, constitute a hazard to humans
or animals, create a public nuisance, or create any hazard in the
receiving waters of the sewage treatement plant.
(c) Any waters or wastes having a pH lower than
5.5 or having any other corrosive property capable of causing
damage or hazard to structures, equipment, and personnel of the
sewage works.
(d) Solid or viscous substances in quantities or
of such size capable of causing obstruction to the flow in sewers,
or other interference with the proper operation of the sewage
works such as, but not limited to, ashes, cinders, sand, mud,
straw, shavings, metal, glass, rags, feathers, tar, plastics,
wood, unground garbage, whole blood, paunch manure, hair and
fleshings, entrails and paper dishes, cups, milk containers, etc.,
either whole or ground by garbage grinders.
8-19-31: No person shall discharge or cause to be
discharged the following described substances, materials, waters,
or wastes if it appears likely in the opinion of the Wastewater
Treatment Superintendent that such wastes can harm either the
sewers sewage treatment process or equipment; have an adverse
effect on the receiving stream; or can otherwise endanger life,
limb, public property, or constitute a nuisance. In forming his
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opinion as to the acceptability of these wastes, the ti+Tastewater
Treatment Superintendent will give consideration to such factors
as the quantities of subject wastes in relation to flows and
velocities in the sewers, materials of construction of the sewers,
nature of the sewage treatment process, capacity of the sewage
treatment plant, degree of treatability of wastes in the sewage
treatment plant, and maximum limits established by regulatory
agencies. The substances prohibited are:
(a) Any liquid or vapor having a temperature
higher than one hundred fifty degrees Fahrenheit (150 F), (60 C).
(b) Any waters or wastes containing toxic or
poisonous materials; or oils, whether emulsified or not, in excess
of one hundred (100) mg/1 or containing substances which may
solidify or become viscous at temperatures between thirty-two (32)
and one hundred fifty degrees Fahrenheit (150 F), (0 and b5 C).
(c) Any garbage that has not been properly
shreded. The installation and operation of any garbage grinder
equipped with a motor of three-fourths (3/4) horsepower (0.7b hp
metric) or greater shall be subject to the review and approval of
the ~dastewater Treatment Superintendent.
(d) Any waters or iaastes containing strong acid,
iron pickling wastes, or concentrated plating solution whether
neutralized or not.
(e) Any waters or wastes containing iron,
chromium, copper, zinc, or similar objectionable or toxic
substances; or wastes exerting an excessive chlorine requirement,
to such degree that any such material received in the composite
sewage at the sewage treatment works exceeds the limits
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established by the ?~astewater Treatment Superintendent for such
materials.
(f) Any waters or wastes containing phenols or
other taste or odor-producing substances, in such concentrations
exceeding limits which may be established by the ?~Tastewater
Treatment Superintendent as necessary after treatment of the
composite sewage, to meet the requirements of the State, Federal,
or other public agencies of jurisdiction for such discharge to the
receiving waters.
(g) Any radioactive wastes or isotopes of such
half-life or concentration as may exceed limits established by the
Wastewater Treatment Superintendent in compliance with applicable
State or Federal regulations.
(h) Any wastes or waters having a pH in excess of
9.5.
(i) Any mercury or any of its compounds in excess
of 0.0005 mg/1 as Hg at any time except as permitted by the
Wastewater Treatment Superintendent in compliance with applicable
State and Federal regulations.
(j) Any cyanide in excess of 0.025 mg/1 at any
time except as permitted by the ?•dastewater Treatment
Superintendent in compliance tiaith applicable State and Federal
regulations.
(k) P~aterials which exert or cause:
(1) unusual concentrations of inert suspended
solids (such as, but not limited to, Fullers earth, lime slurries,
and lime residues) or of dissolved solids (such as, but not
limited to, sodium chloride and sodium sulfate);
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(2) excessive discoloration such as, but not
limited to, dye waste and vegetable tanning solutions);
(3) unusual BOD, chemical oxygen demand, or
chlorine requirements in such quantities as to constitute a
significant load on the sewage treatment works;
(4) unusual volume of flow or concentrations of
wastes constituting "slugs" as defined herein.
(1) ~~laters or wastes containing substances which
are not amenable to treatment or reduction by the sewage treatment
processes employed, or are amenable to treatment only to such
degree that the sewage treatment plant effluent cannot meet the
requirements of agencies having jurisdiction over discharge to the
receiving waters.
8-19-32: If any waters or wastes are discharged or are
proposed to be discharged to the public sewers, which waters
contain the substances or possess the characteristics enumerated
in Section 31 of this Chapter, and/or which are in violation of
the standards for pretreatment provided in 40 CFR 403, June 26,
1978 and any amendments thereto, and which in the judgment of the
tidastewater Treatment Superintendent may have a deleterious effect
upon the sewage works, processes, equipment, or receiving waters,
or which otherwise create a hazarad to life or constitute a public
nuisance, the Wastewater Treatment Superintendent may:
(a) reject the wastes; or,
(b) require pretreatment to an acceptable
condition for discharge to the public sewers; or,
(c) require control over the quantities and rates
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of discharge; and/or;
(d) require payment to cover the added costs of
handling and treating the wastes not covered by existing taxes or
sewer charges, under the provisions of Section 11 of this Chapter.
If the Z~dastewater Treatment Superintendent permits the
pretreatment or equalization of waste flows, the design and
installation of the plants and equipment shall be subject to the
review and approval of the ~~astewater Treatment Superintendent,
and subject to the requirements of all applicable codes,
ordinances, and laws.
8-19-33: Grease, oil, and sand interceptors shall be
provided when, in the opinion of the I~dastewater Treatment
Superintendent they are necessary for the proper handling of
liquid wastes containing grease in excessive amounts, or any
flammable wastes, sand, or other harmful ingredients; except that
such interceptors shall not be required for private living
quarters or dwelling units. All interceptors shall be of a type
and capacity approved by the Wasteti-rater Treatment Superintendent
and shall be located as to be readily and easily accessible for
cleaning and inspection.
8-19-3~: ~~Jhere preliminary treatment or flow-equalizing
facilities are provided, they shall be maintained continuously in
satisfactory and effective operation by the owner at his expense.
8-19-35: Each industry shall be required to install a
control manhole and, when required by the ti~Tastewater Treatment
Superintendent, the oc~mer of any property serviced by a building
sewer carrying industrial wastes shall install a suitable control
manhole together with such necessary meters and other
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appurtenances in the building sewer to facilitate observation,
sampling, and measurement of the wastes. Such manhole, when
required, shall be accessibly and safely located, and shall be
constructed in accordance with plans approved by the ?~lastewater
Treatment Superintendent. The manhole shall be installed by the
owner at his expense, and shall be maintained by him so as to be
safe and accessible at all times.
8-10-36: The otmer of any propert~,r serviced by a building
sewer carrying industrial wastes shall provide laboratory
measurements, tests, and analyses of waters and wastes to
illustrate compliance with this ordinance and any special
conditions for discharge established by the City or regulatory
agencies having jurisdiction over the discharge.
The number, type, and frequency of laboratory
analyses to be performed by the owner shall be as required by the
City, but no less than once per year the industry must supply a
full and complete analysis of the constituents of the wastewater
discharge to assure that compliance with the Federal, State, and
local standards are being met. The owner shall report the results
of measurements and laboratory analyses to the City at such times
and in such a manner as prescribed by the City. The owner shall
bear the expense of all measurements, analyses, and reporting
required by the City. At such times as deemed necessary the City
reserves the right to take measurements and samples for analysis
by an outside laboratory service.
8-10-37: All measurements, tests and analyses of the
characteristics of waters and wastes to which reference is made in
this ordinance shall be determined in accordance with the latest
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edition of IEPA Division of Laboratories ~~iarual of Laboratory
P•Iethods, and shall be determined at the control manhole provided,
or upon suitable samples taken at said control manhole. In the
event that no special manhole has been required the control
manhole shall be considered to be the nearest dot~mstream manhole
in the public sewer to the point at which the building sewer is
connected. Sampling shall be carried out by customarily accepted
methods to reflect the effect of constituents upon the sewa,7e
works and to determine the existence involved will determine
whether a twenty-four (2L~) hour composite of all outfalls of a
premise is appropriate or ti~rhether a grab sample or samples should
be taken. Tdormally, but not always, BOD and suspended solids
anlyses are o'otained from 24 hour composites of all outfalls,
whereas pH's are determined from periodic grab samples.
8-1°-38: No statement contained in this Article shall be
construed as preventing any special agreement or arrangement
between the City and any industrial concern whereby an industrial
waste of unusual strength or character may be accepted by the City
for treatment, subject to payment therefore, in accordance with
Article I, hereof, by the industrial concern provided such
payments are in accordance vrith Federal and State guidelines for
User Charge System.
ARTICLE V
Protection of Sewage Works from Damage
8-19-39: Tdo unauthorized person shall maliciously,
willfully, or negligently break, damage, destroy, or tamper caith
any structure, appurtenance, or equipment orhich is a part of the
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sewage works. Any person violating this provision shall be
subject to immediate arrest under char7e of disorderly conduct.
ARTICLE VI
Powers and Authority of Inspectors
8-19-/~0: The Building Official and other duly authorized
employees of the City, the Illinois Environmental Protection
Agency, and the U.S. Environmental Protection Agency, bearing
proper credentials and identification, shall be permitted to enter
all properties for the purposes of inspection, observation,
measurement, sampling, and testing in accordance i~rith the
provisions of this ordinance. The Building Official or his
representative shall have no authority to inquire into any
processes, including metallurgical, chemical, oil refining,
ceramic, paper, or other industries beyond that point having a
direct bearing on the kind and source of discharge to the sewers
or waterway or facilities for waste treatment.
8-19-/~1: l~e~Yiile performing the necessary work on private
properties referred to in Article VI, Section 40 above, the
Building Official or duly authorized employees of the City, the
Illinois Environmental Protection Agency, and the U.S.
Environmental protection Agency shall observe all safety rules
applicable to the premises established by the company and the
company shall be held harmless for injury or death to the City
employees and the City shall indemnify the company against
liability claims and demands for personal injury or property
damage asserted against the company and growing out of the gauging
and sampling operating, except as such ray be caused by negligence
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or failure of the company to maintain conditions as required in
Article IV, Section 36.
8-19-1~2: The Building Official and other duly authorized
employees of the City bearing proper credentials and
identification shall be permitted to enter all private properties
through which the City has an easement for the purposes of, but
not limited to, inspection, observation, measurement, sampling,
repair and maintenance of any portion of the sewage works lying
within said easement. All entry and subsequent work, if any, on
said easement, shall be done in full accordance with the terms of
the easement pertaining to the private property involved.
ARTICLE VII
Penalties
8-19-~.3: Any person found to be violating any provision of
this ordinance except Article V shall be served by the City with
written notice stating the nature of the violation and providing a
reasonable time limit for the satisfactory correction thereof.
The offender shall, within the period of time stated in such
notice, permanently cease all violations. The City may revoke any
permit for sewage disposal as a result of any violation of any
provision of this ordinance.
8-19-4~.: Any person who shall continue any violation beyond
the time limit provided for in Article VII, Section 43, shall be
guilty of a petty offense, and on conviction thereof shall be
fined in the amount of not less than $50.00 nor more than X500.00
dollars for each violation. Each day in which any such violation
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shall continue shall be deemed a separate offense.
8-19-~.5: Any person violating any of the provisions of this
ordinance shall become liable to the City for damages by reasons
of such violation.
ARTICLE VIII
Validity
8-19-~.6: All ordinances or parts of ordinances in conflict
herecaith are hereby repealed.
8-19-/~7: The invalidity of any section, clause, sentence,
or provision of this ordinance shall not affect the validity of
any other part of this ordinance ~ahich can be given effect without
such invalid part or parts."
3. This ordinance shall be in full force and effect ten
(10) days after its passage by the City Council of the City of
Canton, Fulton County, Illinois and approval by the ?Mayor thereof,
and publication in pamphlet form as provided by law.
PASSED by the City Council of the City of Canton, Fulton
County, Illinois at a reular meeting this 5th day of
December , 1989, upon a roll call vote as follows:
AYES: Aldermen Kovachevich, Zilly, Steck, Sarff, Bohler,
May, Chapman.
NAYS: None.
ABSENT: Alderman Meade.
APPR VED:
c ~~~ ,
onald E. Edwards, P~Iayor
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ATTEST:
Plancy ?~.?hites, City Clerk
Public~~ion Instruc$ions
^ Do not publish
Publish in pamphlet form only
D Publish in a general circulation ne spa er
City Att. ~ __.-_--_-- Date
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