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HomeMy WebLinkAboutOrdinance #1464ORDINANCE N0. 144 AN ORDINANCE AMENDING TITLE 6, CHAPTER 12 SECTION 8 OF THE CANTON CITY CODE BY ADDING THERETO A SECTION 8 BANNING SO-CALLED JACg ROCgS AND SIMILAR DEVICES WHERF.,AS, Legal and Ordinance Committee has determined that it is necessary and in the best interest of the City of Canton to pass an ordinance relating to the banning of so-called "jack rocks"; and, WHEREAS, the Canton City Council has made a similar determination; and, NOW, THEREFORE BE IT ORDAINED BY THE CITY COONCIL OF THE CITY OF CANTON, Fulton County, Illinois as follows: 1. It shall be unlawful for any person, firm, corporation or other entity to sell, offer to sell, distribute, assemble, manufacture, purchase, possess, throw or place any so-called "jack rock" or similar device composed of nails or other material of similar character welded or otherwise attached together in such fashion that a sharp point is directed upward regardless of how the item is placed, tossed or thrown onto an essentially flat surface. 2. The presence in or upon a motor vehicle, including motorcycles, and the throwing or tossing from said motor vehicle, other than a public omnibus, of any device referred to in Section 1 (above) shall be prima facie evidence that it is in the possession of all persons occupying said motor vehicle or was thrown or tossed by all persons occupying such motor vehicle. 3. The presence of any device referred to in Section 1 (above) in a place other than a motor vehicle shall be rp ima facie evidence that it is in the possession of the occupant of the premises where such device be found. This provision shall not prohibit prosecution under this ordinance of the person who is in actual possession of or threw or tossed said item. 4. Upon the discovery of such item, the police officer or other enforcement officer shall confiscate the item, and it shall be held as an item of evidence. The item shall be destroyed when no longer needed for prosecution or other lawful purposes. In no event shall the item be returned to the individual or entity charged with a violation of this Ordinance. 5. The sale, offering for sale, distribution, assembling, manufacturing, purchase, possession, throwing, or placing of any item referred to in paragraph (A) shall constitute a separate and distinct offense for each individual item discovered. 6. Any person, corporation or other entity found guilty of violating section 6-12-8 of the Canton Municipal Code shall be fined not less than $100.00 nor more than $500.00. 7. That 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, 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 regular meeting this 2nd day of May , 19 95 , upon a roll call vote as follows: AYES: Aldermen Chapman, May, Bohler, Meade, Sarff, Phillips, Molleck, Coay. NAYS: None. ABSENT: None. AP gVED: Donald E. Edwards, Mayor. ATTEST: /~ a y es, City Clerk.