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HomeMy WebLinkAboutOrdinance #0873 ORDINANCE NO.~._ AN ORDINANCE AMENDING CERTAIN SECTIONS OF TITLE 8, CHAPTER 4 OF THE CANTON MUNICIPAL CODE CONCERNING STREETS, SIDEWALKS AND PUBLIC GROUNDS AND REPEALING TITLE 8, CHAPTER 4, SECTION 23 OF THE CANTON MUNICIPAL CODE CONCERNING DRIVING AGAINST CURBSTONES. WHEREAS, the Legal & Ordinance Committee of the City of Canton, Illinois has determined that it is necessary, desirable and to the best interests of the City of Canton to modify and amend certain sections of Title 8, Chapter 4 of the Canton Municipal Code concerning Streets, Sidewalks and Public Grounds and to repeal and delete Title 8, Chapter 4, Section 23 of the Canton Municipal Code concerning Driving Against Curbstones; and WHEREAS, the City Council of the City of Canton, Illinois has made a similar determination. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON, ILLINOIS, AS FOLLOWS: 1. That Title 8, Chapter 4, Section 1 of the Canton Municipal Code be, and the same is hereby amended to read as follows: "8-4-1: Leaving Excavation Unprotected: Any contractor for any public work, or any officer or any person, making any excavation in any street, avenue, alley or sidewalk of the City, who shall leave the same open and un- protected by lights or otherwise in the nighttime, so as to endanger the safety of persons or animals passing thereby from falling therein, shall be liable to a fine of not less than twenty five dollars ($25.00) nor more than five hundred dollars ($500.00) for every such neglect." 2. That Title 8, Chapter 4, Section 2 of the Canton Municipal Code be, and the same is hereby amended to read as follows: "8-4-2: Remvoing Earth From Street: Whoever shall, for any private purpose,dig, remove or carry away any earth, gravel or sod from any street, avenue, alley or public ground, without the express permission of the Council, or of the Committee on Streets and Alleys thereof, shall forfeit and pay a penalty of twenty five dollars ($25.00) for each and every load so removed and carried away; and any officer of the City who shall use, sell or dispose of any earth, gravel or sod from any street, avenue, alley or public ground, for his own private gain or benefit shall be subject to a penalty of not less than twenty five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense." 3, That Title 8, Chapter 4, Section 3 of the Canton Municipal Code be, and the same is hereby amended to read as follows: "8-4-3: Fencing Streets: No person shall make, or cause to be made, any enclosure, fence, bridge, arched way or building of any kind extending upon, over or across any street, avenue, alley or side- walk within the City, under a penalty of not less than twenty five dollars ($25.00) nor more than five hundred dollars ($500,00) for each offense, and a further fine of five dollars ($5,00) for every day that he shall allow such enclosure, fence, bridge or building to remain, after being notified to remove the same by the Superintendent of Streets or any police officer." 4, That Title 8, Chapter 4, Section 4 of the Canton Municipal Code be, and the same is hereby amended to read as follows: "8-4-4: Removal of Encroachments: The owner, occupant or person in control of any building, fence or of any structure or enclosure, already erected or built, extending into or encroaching upon any street, avenue, alley or sidewalk within the City, who shall not remove the same within thi,~ty (30) days after being notified in writing to do so by the Superintendent of Streets, or any police officer, shall be subject to a fine of not less than twenty five dollars ($25.00) nor more than five hundred dollars ($500.00) and a further fine of five dollars ($5.00) for every day, after the first conviction, that he shall fail or refuse to comply with such notice." 5. That Title 8, Chapter 4, Section 5 of the Canton Municipal Code be, and the same is hereby amended to read as follows: "8-4-5: Obstructing Streets: Whoever shall place, throw or leave, or shall cause to be placed, thrown or left, any obstruction or encumbrance in or upon any street, avenue, alley or public ground in the City, except as authorized by ordinance, shall be liable to a fine of not less than twenty five dollars ($25,00) nor more than five hundred dollars ($500.00), and to a further fine of five dollars ($5.00) for every additional day that he shall fail to remove such obstruction or encumbrance, after being notified to do so by the Superintendent of Streets or any policeman," 6, That Title 8, Chapter 4, Section 6 of the Canton Municipal Code be, and the same is hereby amended to read as follows: "8-4-6: Blockade of Streets by Vehicles: When any street, avenue or alley shall be obstructed by motor vehicles, animals or persons, any police officer of the City, may give such orders and directions as shall be deemed necessary to abate the obstruction; and whoever shall refuse or neglect to obey such orders or directions shall be subject to a penalty of twenty five dollars ($25,00)." -2- 7. That Title 8, Chapter 4, Section 8 of the Canton Municipal Code be, and the same is hereby amended to read as follows: "8-4-8: Casting Ashes in Street: No person shall throw, place or leave, or cause or permit to be thrown, placed, or left any ashes, dirt, filth or rubbish in or upon any street, avenue, alley or sidewalk of the. City, in front of or adjoining any premises or buildings owned, occupied or controlled by him, under a penalty of not less than twenty five dollars ($25.00) nor more than one hundred dollars ($100.00) for each offence, and a further penalty of five dollars ($5.00) for each additional day that such person shall permit such ashes, dirt, filth or rubbish to remain, after notice to remove same from the Superintendent of Streets, or any policeman; except that cinders may be deposited upon the unpaved streets of the City, by and with the consent of the Committee on Streets, Alleys and Crossings, and under the supervision of the Superintendent of Streets." 8. That Title 8, Chapter 4, Section 9 of the Canton Municipal Code be, and the same is hereby amended to read as follows: "8-4-9: Casting Coal on Sidewalk: Whoever shall throw, place or leave any live coals or fire, or make or kindle any fire upon any sidewalk, alley or street crossing, or causes, suffers, permits or directs the same to be done, shall be subject to a penalty of not less than twenty five dollars ($25.00) nor more than one hundred dollars ($100.00) for each offense, and shall also be liable for all damages or injury caused thereby. The costs of repairing any such damage or injury may be recovered in a separate suit in the name of the City." 9. That Title 8, Chapter 4, Section 10 of the Canton Municipal Code be, and the same is hereby amended to read as follows: "8-4-10: Altering Existing Curb Lines: No person shall break, lower or alter the existing curb line around any street intersection corner in the City. Whoever shall violate the provisions of this Section shall be fined in a sum not less than twenty five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense." 10. That Title 8, Chapter 4, Section 11 of the Canton Municipal Code be, and the same is hereby amended to read as follows: "8-4-11: Guard For Steps, Cellarways: No steps, or platform shall extend into or upon any sidewalk or alley in the City more than three feet (3'); and all stairs or steps encroaching upon any siddwalk or alley and leading to the upper story of any building, shall be securely fastened to the wall of such building and supported without posts or pillars. No open cellar or basement way shall be permitted to extend into any sidewalk more than three feet (3'), and in all cases shall be well protected with a sub- stantial iron railing with a gate at the entrance around same; nor shall any closed cellar or basement way extend' into or upon any sidewalk more than five feet (5'), nor into any alley more than four feet (4'); nor shall the door or grating of any such closed cellar or basement way extend -3- above the grade of the sidewalk, nor exceeding one inch (1") above the grade of the alley; nor shall the hinges, lock or other fastenings thereof be placed on the upper side of the same so as to project above the door,unless within two and one-half feet (2 Z') of the building; and all cellar windows or coal holes in any sidewalk or alley shall be set or placed even with the grade of such sidewalk or alley, and be well secured with iron or other suitable gratings. Whoever shall violate or fail to comply with any of the require- ments of this Section, shall be subject to a penalty of not less than twenty five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense, and to a further penalty of five ($5.00) for each day he shall fail or refuse to comply herewith, after notice to do so by the Mayor or Superintendent of Streets." 11. That Title 8, Chapter 4, Section 16 of the Canton Municipal Code be, and. the same is hereby amended to read as follows: "8-4-16: Telephone and Telegraph Poles: No person shall set or cause to be set any telegraph, tele- phone, electric light or other poles upon any street or alley within the City, or string or hang any wire along or across any street or alley, unless authorized so to do by the Council, under a penalty of not less than twenty five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense." 12. That Title 8, Chapter 4, Section 18 of the Canton Municipal Code be, and the same is hereby amended to read as follows: "8-4-18: Wires: All wires suspended from said poles shall be at least eighteen feet (18') high above the level of the street grade, and said poles shall be neatly smoothed and in a fit condition to be painted. All high tension wires shall, so far as practicable, be kept upon opposite sides of the streets from telephone and telegraph wires." 13. That Title 8, Chapter 4, Section 23 of the Canton Municipal Code be, and the same is hereby repealed and deleted from the Canton Municipal Code. 14. That Title 8, Chapter 4, Section 27 (A) of the Canton Municipal Code be, and the same is hereby amended to read as follows: "8-4-27 (A) Wagon Boxes: Wagon Boxes to be Tight: Any person who shall be engaged in drawing upon any street, crushed stone, sand, gravel, saw dust, ashes, cinders, lime, tan bark, shavings, waste paper, ice, mortar, rubbish, manure or other loose material likely to sift, fall or be blown upon the streets, shall convey and carry the same in tight wagon boxes, and in case the same fall or be scattered in any street, such person shall cause it to be forthwith removed. Any person violating any provision of this Section shall be fined not less than twenty five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense." -4- 15. That Title 8, Chapter 4, Section 27 (B) of the Canton Municipal Code be, and the same is hereby amended to read as follows: "8-4-27 (B) Wagon Boxes: Wagon Boxes, Overloaded: Any person causing any cart, wagon or other vehicle to be loaded and heaped up so that the contents or any part thereof shall be scattered in any street, or other place in the City, shall be fined not less than twenty five dollars ($25,00) nor more than five hundred dollars (~500.00)for each offense." 16. That Title 8, Chapter 4, Section 28 of the Canton Municipal Code be, and the same is hereby amended to read as follows: "8-4-28: Poles on Square: It shall not be lawful for any person to erect or maintain upon the public square, or upon any of the streets radiating from the public square, in the City, any poles for the purpose of conducting telegraph, telephone or electric light wires. Any person violating the terms of this Section shall be fined, upon conviction, not less than twenty five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense, and each day's neglect to move same after notice to do so shall constitute a separate offense." 17. That Title 8, Chapter 4, Section 31 of the Canton Municipal Code be, and the same is hereby amended to read as follows: "8-4-31: Penalty: Any person violating any of the provisions of this Chapter, or refusing or neglecting to conform and comply therewith, shall, where no specific penalty is provided, be subject to a penalty of not less than twenty five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense." 18. That the remainder of Title 8, Chapter 4, Streets, Sidewalks and Public Grounds, of the Canton Municipal Code remain in full force and effect. 19. That this Ordinance shall be in full force and effect upon its passage by the City Council of the City of Canton, Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Illinois and APPROVED by the Mayor thereof thi s ~~ t ~ day of ~ ~~~u ~ ~,/ , T 1981. APPROVED: ~ - MAYOR HA LA E. CROUCH ATTEST:/ ,~ `~'- ~ ~ ~~, CITY CLERK ANCY S, HITES -5-