HomeMy WebLinkAboutOrdinance #4539 - Amending Title 8, Chapter 12 (Parks) adnd establishing rules and regulations for certain parks STATE OF ILLINOIS)
) SS.
COUNTY OF FULTON)
CERTIFICATE
I, Andi Smith-Walters, certify that I am the duly elected City Clerk of
the CITY OF CANTON, FULTON COUNTY, ILLINOIS.
I further certify that on March 25, 2026, the City Council of such
municipality passed and approved Ordinance #4539 entitled:
ORDINANCE AMENDING TITLE 8, CHAPTER 12 (PARKS) OF THE CANTON MUNICIPAL
CODE AND ESTABLISHING RULES AND REGULATIONS FOR CERTAIN PARKS
The ordinance attached is a true and correct copy of the ordinance adopted by Canton
City Council.
DATED AT CANTON, ILLINOIS, THIS 25th DAY OF March, 2026
Seal
6ndi Smith-Walters, City Clerk
City of Canton, Illinois
ORDINANCE NO. 4539
ORDINANCE AMENDING TITLE 8,CHAPTER 12 (PARKS)OF THE CANTON
MUNICIPAL CODE AND ESTABLISHING RULES AND REGULATIONS FOR
CERTAIN PARKS
WHEREAS, the City of Canton, Fulton County, Illinois (the "City") is an Illinois non-
home rule municipal corporation, established in accordance with the constitution of the State of
Illinois of 1970;
WHEREAS, Title 8, Chapter 12 of the Canton Municipal Code (the "Code") contains
provisions related to the regulation of public parks located within the City; and
WHEREAS, the City Council of the City of Canton has determined that it is necessary
and in the best interest of the City to amend and update Title 8,Chapter 12 of the Canton Municipal
Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CANTON, FULTON COUNTY,ILLINOIS AS FOLLOWS:
Section 1.The City of Canton hereby finds as fact the recitals set forth above and are incorporated
herein as though fully set forth;
Section 2. That Sections 8-12-1 through 8-12-8 of the Canton Municipal Code are hereby deleted
in their entirety and replaced as follows:
8-12-1: GENERAL CARE OF PARKS:
The Public Utilities Director,or such other person designated by the Mayor, shall, subject
to order or direction by the Mayor, have supervision and control of all public parks and shall
provide for the maintenance and regulation thereof subject to the provisions of this chapter, other
ordinances of the city, and any rules or regulations established and promulgated by the Mayor
hereunder.
8-12-2: BEAUTIFICATION:
The Mayor or his or her designee shall be in charge of and advise the city council on policy,
programs,and other matters of beautification and conservation related to the public parks.
8-12-3: USE OF PARKS IN GENERAL:
No one shall use the public parks of the city except in conformity with the provisions of
this Chapter, the other ordinances of the city, other applicable law, and the rules and regulations
established and promulgated by the Mayor.
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8-12-4: DEFINITION OF PARKS; OTHER DEFINITIONS:
"Parks"or"public parks"as used in this Chapter shall include Jones Park,the Opera House
Plaza, and/or the several public parks, squares and grounds in the City that may otherwise be
designated by ordinance.
"Jones Park" shall mean the real estate, including but not limited to any improvements
thereon, owned by the City of Canton that is bound by the roads known as North Main Street(on
the West side), East Chestnut Street(on the North side), East Side Square (on the East side), and
East Elm Street (on the South side), all located in the City of Canton, Illinois, and which is
commonly known as "Jones Park"and that may also be referred to as the"Square."
"Opera House Plaza" shall mean that real estate, including but not limited to any
improvements thereon,owned by the City of Canton that is located at or about 45 East Side Square,
Canton,Illinois, 61520.
8-12-5: GENERAL REGULATIONS OF PARKS:
(A) No person shall enter or leave any public park of the city except by its proper
entranceways.
(B) No person shall enter Jones Park or remain therein from the hours of nine o'clock
(9:00)P.M. until six o'clock(6:00)A.M.
(C) No person shall enter the Opera House Plaza or remain therein from the hours of
nine o'clock(9:00) P.M. until six o'clock(6:00)A.M.
(D) Notwithstanding the foregoing, the City may approve special use permits for the
use of Jones Park and/or the Opera House Plaza for the hours of nine o'clock(9:00) P.M.
until six o'clock(6:00) A.M., and entering upon or remaining upon Jones Park and/or the
Opera House Plaza,as applicable,in conformance with said permits shall not be a violation
of this Chapter.
(E) No person shall write upon, cut, break, paint, move, remove, injure, tamper with,
damage or deface any buildings, structures, improvements, bridges, tables, benches,
railings, paving or paving material, waterlines or other public utilities or parts thereof,
signs, notices or placards, whether temporary or permanent, monuments, stakes, fences,
posts or other boundary marks,or other structures or equipment,facilities or City property
that are owned,leased,or maintained by the City in any public park. No person shall write
upon, cut, chop, break, climb on, paint, move, remove or in any way injure, damage or
deface any stone, tree, shrub,plant, flower or turf that are maintained, owned or leased by
the City in any public park.
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(F) Downtown Special Event Permits:
(1) No person or entity (hereinafter "Applicant") may reserve or use any public
parks, or any public roads or streets, for any public or private event exceeding twenty-five
(25) attendees without first obtaining a Downtown Special Event Permit (hereinafter
"Permit") from the City. All Permits shall be approved by a majority vote of the Canton
City Council; however, if due to an emergency, the Mayor approve a Permit. Any event
that does not obtain a Permit, including those less than twenty-five (25) attendees, are
subject to relocation and/or cancellation depending upon the needs of the City and other
events as approved by the City and/or Mayor.
(2) The City reserves the right to require any Applicant to execute applications,
releases or other documents;to provide proof of insurance,naming the City as an additional
insured thereon;and to make payment of fees(as determined by the Mayor),prior to issuing
any Permit, all as determined necessary and appropriate by the Mayor. The City and/or
Mayor may additionally require certain terms and conditions beyond the rules and
regulations of the public parks, as the City and/or Mayor deem appropriate, on a case-by-
case basis.
(3) No Permit shall be issued for any event exceeding one hundred(100)attendees
without the Applicant providing proof of general liability insurance in an amount of no less
than $1,000,000.00 per occurrence and $2,000,000.00 in the aggregate. Nothing in this
Section prohibits the City or Mayor from requiring amounts greater than set forth in this
section or from requiring insurance for smaller, less attended events.
(4) No Permit shall be issued for any event seeking to serve alcohol unless the
Applicant provides proof of dram shop or liquor liability insurance in an amount
determined satisfactory by the Local Liquor Control Commissioner, but in no event less
than the minimum required by applicable law.Alternatively,the Permit may be issued prior
to said insurance being obtained; however, the Permit may be revoked if the Applicant
does not provide proof of dram shop or liquor liability insurance in an amount determined
satisfactory by the Local Liquor Control Commissioner, but in not event less than the
minimum required by applicable law,prior to the start of the event. All persons or entities
serving alcohol to the public shall ensure that said person/entity has all necessary liquor
licenses and/or special event license(s) pertaining to the sale of said alcohol, and the
issuance of the Permit alone is not a license to sell alcohol or on- or off-premises
consumption.
(5)All Applicants must execute an acknowledgment that the Applicant will comply
with all applicable laws, ordinances,rules,and regulations pertaining to the public parks.
(6) The City and Mayor reserve the right to revoke any Permit issued hereunder,
and any Applicant or person failing to obtain a required Permit found in violation of any
of the conditions of any applicable Permit or in violation any applicable laws, ordinances,
rules and/or regulations pertaining to the public parks may, in addition to any other suits,
actions,damages,fees,fines,and/or penalties,be subject to removal from any public parks,
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being banned from future events at any public parks and/or being prohibited from being
issued any future Permit(s).
8-12-6: SPECIFIC RULES AND REGULATIONS OF PARKS:
Notwithstanding anything herein to the contrary, the Mayor is hereby directed and
authorized to establish and promulgate any other rules and regulations as the Mayor deems
necessary or advisable for the safety, beautification, and enjoyment of the public parks or any
facilities, programs, and services related to the public parks. A copy of such rules and regulations
shall be on record with the city clerk and open to public inspection.
8-12-7: POSTING:
The Mayor or his or her designee may post directions, park rules and regulations, and/or
summaries thereof at the public parks' entrances or other conspicuous locations within the public
parks.
8-12-8: PENALTY:
Whoever shall violate any of the provisions of this Chapter, fail to obey the lawful orders
of the Mayor, given in enforcement of the provisions hereof, or violate any rules and regulations
established and promulgated by the Mayor related to the public parks, shall be subject to a penalty
of not less than twenty-five dollars ($25.00) nor more than seven hundred fifty dollars ($750.00)
for each offense.
Section 5.All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed
insofar as they are in conflict with this ordinance.
Section 6. If any provision of this ordinance is adjudged invalid, such adjudication shall not affect
the validity of the ordinance as a whole or of any portion not adjudged invalid.
Section 7. This ordinance shall be in full force and effect from and after its passage, approval and
publication as required by law.
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PASSED AND APPROVED THIS 25" DAY OF MARCH, 2026.
AYES: Alderpersons Grimm Lovell,Nelson, Hale, Pickel, Ketcham,Gossett
NAYS: None
ABSENT: Alderperson Chamberlin
APPROVED:
By:
Kent McDowell, a or
ATTEST:
drea J. Smit -Walters, City Clerk
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