HomeMy WebLinkAboutOrdinance #1591t
ORDINANCE NO. 15y1
AN ORDINANCE AMENDING TITLE 6, CHAPTER 7, SECTION 1 OF THE
CANTON MUNICIPAL CODE PERTAINING TO ABANDONED, WRECKED
VEHICLES.
WHEREAS, the Legal and Ordinance Committee has determined that it is
necessary and in the best interest of the City of Canton to amend Title 6, Chapter 7,
Section 1 et.seq. through 8 of the Canton Municipal Code; and,
WHEREAS, the Canton 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. That the Canton City Council hereby finds the foregoing recitals to be fact.
2. That Section 6-7-1 through 6-7-8 be amended to read as follows:
"6-7-1: DEFINITIONS: The following definitions shall apply in the
interpretation and enforcement of this Chapter:
VEHICLE shall mean a machine propelled by power other than human
power designed to travel along the ground by use of wheels, treads,
runners or slides and transport persons or property or pull machinery,
and shall include, without limitation, automobile, truck, trailer, motorcycle
and tractor.
ABANDONED VEHICLE: Any vehicle which is described in any one or
more of the following categories:
a) In a state of desrepair rendering it incapable of being operated
in its condition, or,
b) Unregistered for over 90 days, or,
c) One on a public street or alley which has not been moved or
used for 7 consecutive days and is apparently deserted.
STREET or HIGHWAY shall mean the entire width between the
boundary lines of every way publicly maintained when any part thereof
is open to the use of the public for purposes of vehicular travel including
alleys.
PROPERTY shall mean any real property within the City which is not a
street or highway.
6-7-2: ABANDONMENT OF VEHICLE: No person shall abandon a
vehicle within the City and no person shall leave a vehicle at any place
:.
within the City for such time and under such circumstances as to cause
such vehicle reasonably to appeaz to be an abandoned vehicle.
6-7-3: LEAVING ON STREET: No person shall leave or pazk any
partially dismantled, nonoperating, wrecked or junked vehicle on any
street or highway within the City.
6-7-4: DISPOSITION OF VEHICLES: No person in chazge or
control of any property within the City, whether as owner, tenant,
occupant, lessee, or otherwise, shall allow any partially dismantled
nonoperating, wrecked, junked, discazded or abandoned vehicle to
remain on such property longer than thirty (30) days; and no person
shall leave any such vehicle on any property within the City for a
longer time than thirty (30) days; except that this Chapter shall not
apply with regazd to a vehicle in an enclosed building; a vehicle on the
premises of a business enterprise operated in a lawful place and manner,
when necessary to the operation of such business enterprise; or a vehicle
in any appropriate storage or depository maintained in a lawful place
and manner by the City.
6-7-5: PRIMA FACIE EVIDENCE: It shall be prima facie evidence
that a vehicle is abandoned if state law requires registration and it has
been unregistered for over 90 days, or if the motor has been removed
from a motor vehicle, or if the tires have been removed.
6-7-6: POLICE AUTHORITY: The Police Department shall have
the authority to tow any vehicle abandoned without justification upon
48 hours written notice at the last known address to the last registered
owner of the vehicle or to the owner of the real estate where it is located.
6-7-7: ENFORCEMENT: It shall be the duty of the Health Officer
of the City to investigate and make report of appazent violations of
this Chapter to the Police Chief of the City who shall, thereupon, take
the necessary steps to enforce this Chapter. Nothing herein contained,
however, shall be construed to prevent any other person from making
complaint with the proper authorities for any alleged violation of this
Chapter.
6-7-8: PENALTY: Any person violating any of the provisions of this
Chapter shall be deemed guilty of a misdemeanor and, upon conviction
thereof, shall be fined in any amount not less than one hundred dollars
($100.00) nor more than five hundred dollazs ($500.00). Each day
such violation is committed or permitted to continue shall constitute a
sepazate offense and shall be punishable as such hereunder."
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3. That this Ordinance shall be in full force and effect immediately upon its passage
by the City Council of the City of Canton, Fulton County, Illinois and approval by the
Mayor thereof .
PASSED by the City Council of the City of Canton, Illinois and approved by the
Mayor thereof this 21st day of July , 1998.
AYES: Aldermen Hartford, Molleck!, Sarff, Meade, Nidiffer, May,
Shores.
NAYS: None.
ABSENT: Alderman Phillips .
APPR VED:
Donald E. Edwards, Mayor
ATTEST:
a
4' ` a
Nancy White City Clerk