Loading...
HomeMy WebLinkAboutOrdinance #4217 - Amending Title 9, Chapter 12 Regarding the Use and Regulations of Golf Carts and Utility Terrain Vehicles ORDINANCE #4217 AN ORDINANCE AMENDING TITLE 9, CHAPTER 12 OF THE MUNICIPAL CODE REGARDING THE USE AND REGULATIONS OF GOLF CARTS AND UTILITY TERRAIN VEHICLES ADOPTED BY THE CITY COUNCIL OF THE CITY OF CANTON ILLINOIS: MARCH 16, 2021 PUBLISHED BY THE CITY CLERK PURSUANT TO THE AUTHORITY OF THE CITY COUNCIL OF THE CITY OF CANTON: MARCH 16, 2021 STATE OF ILLINOIS ) ) SS. COUNTY OF FULTON ) CERTIFICATE I, Diana Pavley-Rock, certify that I am the duly elected City Clerk of the CITY OF CANTON, FULTON COUNTY, ILLINOIS. I further certify that on March 16, 2021 , the City Council of such municipality passed and approved Ordinance #4217 entitled: AN ORDINANCE AMENDING TITLE 9, CHAPTER 12 OF THE MUNICIPAL CODE REGARDING THE USE AND REGULATIONS OF GOLF CARTS AND UTILITY TERRAIN VEHICLES The ordinance attached is a true and correct copy of the ordinance adopted by Canton City Council. DATED AT CANTON, ILLINOIS, THIS 16 D•Y O/ '' 021 Diana Pavley-Rock, CMC, City Clerk Seal City of Canton, Illinois ORDINANCE NO. 4217 AN ORDINANCE AMENDING TITLE 9, CHAPTER 12 OF THE MUNICIPAL CODE REGARDING THE USE AND REGULATION OF GOLF CARTS AND UTILITY TERRAIN VEHICLES WHEREAS,the City of Canton, Fulton County, Illinois ("City"), is a non-home rule unit of government; WHEREAS, pursuant to 625 ILCS 5/11-1426.1, the City may authorize the operation of non-highway vehicles on roadways under its jurisdiction if the City determines that the public safety will not be jeopardized; WHEREAS, the City previously adopted Ordinance No. 4029, which authorized the operation of non-highway vehicles on roadways under the jurisdiction of the City; WHEREAS, the City Council of the City of Canton has determined that it is necessary and in the best interests of the City of Canton to amend Title 9,Chapter 12 of the Canton Municipal Code in order to increase public safety. NOW, THEREFORE, BE IT ORDAINED BY CITY COUNCIL OF THE CITY OF CANTON,FULTON COUNTY, ILLINOIS AS FOLLOWS: 1. The City of Canton hereby finds as fact the recitals set forth above and are incorporated herein as though fully set forth; 2. Title 9, Chapter 12, Section 12 ("Convictions") is hereby retitled"Revocation or Denial of Registration" and is entirely amended to state as follows: 9-12-11: REVOCATION OR DENIAL OF REGISTRATION: (A)The Chief of Police may revoke any registration authorized under this Chapter if the Chief of Police determines that permitting said vehicle to operated by the owner, or his or her authorized user, on any street or alley of the City of Canton would jeopardize public safety. (B)The Chief of Police may deny registration authorized under this Chapter if the Chief of Police determines, in his or her sole judgment, that permitting said vehicle to operated by the owner, or his or her authorized user, on any street or alley of the City of Canton would jeopardize public safety. (C)The Chief of Police shall issue his or her revocation or denial, in writing, which shall be personally delivered to the owner, mailed via U.S. Mail to the address included on the Owner's application for registration, or sent via e-mail to the e-mail address included on the Owner's application for registration. (D)If the Chief of Police revokes or denies any registration under this Chapter, then the owner may appeal the Chief of Police's decision within ten (10) days of receipt of the Chief of Police's written decision. The request for appeal must be in writing, must include the reasons for the appeal, and must be personally delivered to the Mayor's office during business hours or postmarked within said ten(10) days. The City Council will then consider whether affirm, amend, and/or reverse the Chief of Police's decision within thirty (30) days, unless a further extension agreed upon with the owner, of receipt of the request for appeal. The owner may appear at the City Council meeting to be heard regarding his or her appeal. The owner may be represented by an attorney at the meeting,if he or she desires.The City Council's decision to affirm,amend,and/or reverse the Chief of Police's decision shall be final. (E)In the event a registration is denied under this Section,then the application fee shall be refunded to the owner. If a registration is revoked, then the owner shall not be entitled to a refund of his or her registration fee without approval of the Chief of Police or, in the case of an appeal, the City Council. 3. Title 9, Chapter 12, Section 13 ("Penalty") is hereby entirely amended to state as follows: 9-12-11: PENALTY: Violations of this Chapter shall be governed by Title 1, Chapter 27, "General Penalty", of this code and the fee schedule that is adopted by city council from time to time. 4. All prior Ordinances and amendments to Ordinances which are inconsistent with this Ordinance are hereby repealed. 5. If any section, paragraph, sentence, clause or phrase of Title 9, Chapter 12 is declared or held to be unconstitutional or invalid for any reason, the remainder of said Chapter shall not be affected thereby and shall remain in full force and effect. 6. This Ordinance shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Illinois, approval by the Mayor thereof, and any publishment, as required by law. PASSED AND APPROVED THIS 16th day of March, 2021. AYES Aldermen Andra Chamberlin, Quin Mayhew, John Lovell, Craig West, Angela Hale, Jeff Fritz, Angela Lingenfelter, Justin Nelson NAYS: None ABSENT: None APPR• ED: By: :__ A 1 Kent McDowell, or ATTEST: �( Diana Pavley-Rock, City Clerk