HomeMy WebLinkAboutOrdinance #4342CERTIFICATE
THE UNDERSIGNED CERTIFIES THAT SHE IS THE CITY CLERK FOR THE CITY
OF CANTON, ILLINOIS, AND THAT THE CITY COUNCIL AT A REGULARLY
CONSTITUTED MEETING OF SAID CITY COUNCIL OF THE CITY OF CANTON ON THE
16TH DAY OF MAY, 2023 ADOPTED ORDINANCE NO. 4342 A TRUE AND CORRECT COPY
OF WHICH IS CONTAINED IN THIS PAMPHLET.
.GIVEN UNDER MY HAND AND SEAL THIS 16TH DAY OF MAY, 2023.
(SEAL)
REA SMITH-WALTERS
ITY CLERK
ORDINANCE NO. 4342
AN ORDINANCE AMENDING TITLE 6, CHAPTER 3 REGARDING TRESPASSING
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, pursuant to the Illinois Municipal Code, the City has broad authority to
address trespassing, as the City expressly "may prevent or suppress riots, routs, affrays, noises,
disturbances, trespasses, and disorderly assemblies in any public or private place[]" (Emphasis
added; See 65 ILCS 5/11-5-2); and
WHEREAS, currently, Section 6-3-3-1 of the Canton Municipal Code (the "Code")
contains narrow provisions related to trespassing on school property and on public parks; and
WHEREAS, the trespassing provisions of the Code need to be revised to cover broader
instances of trespassing; 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 Section 6-3-3-1 of the Code to revise the
provisions related to trespassing.
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 Title 6, Chapter 3, Section 6-3-3-1 of the Code is hereby deleted in its entirety and
replaced as follows:
"6-3-3-1: TRESPASSING:
(A) Trespass to Land: Any person who enters upon the land or any part thereof of another,
after receiving, immediately prior to the entry, notice from the owner or lawful occupant
that an entry is forbidden, or remains upon the land of another after receiving notice from
the owner or lawful occupant to depart, commits the offense of trespass to land. A person
has received notice from the owner or lawful occupant within the meaning of this
subsection if he or she has been notified personally, either orally or in writing, or if a
printed or written notice forbidding entry has been conspicuously posted or exhibited at
the main entrance to the land or the forbidden part thereof.
(B) Trespass to Building: Any person who enters the dwelling or any other building of
another, including an apartment, without.the consent of the owner or lawful occupant of
such building, commits the offense of trespass to land. This subsection does not apply to
emergency personnel or City officials, employees, or other agents of the City if said entry
is in furtherance of official City business.
(C) Trespass to Vehicle: Any person who knowingly and without authority enters into the
vehicle of another, commits the offense of trespassing to vehicle.
(D) Trespassing Upon School Property: For the purposes of this subsection (D),
"STUDENT" shall mean any person of school age, enrolled in the school and in good
standing, at which he or she is then present.
1. No person shall remain within any school building during normal school hours
without securing the written permission of the superintendent, principal, dean of
students, or other person who has been deemed to be in charge of such school in
their absence. This subsection does not apply to a student or employee of any school
located in the city or to the parent or guardian of any student enrolled therein.
2. No person shall remain on any lands owned, occupied, or used by any school
within the city, without securing the written permission of the superintendent,
principal, dean of students, or other person who has been deemed to be in charge
of such school in their absence. This subsection does not apply to a student or
employee of any school located in the city or to the parent or guardian of any student
enrolled therein.
3. Notice.
(a) No person shall willfully and without lawful authority enter upon lands
or premises or any part thereof, of any school within the city after having
been forbidden to do so, by notice from any person having authority with
respect to the presence of others upon such premises.
(b) No person being upon the lands or premises or any part thereof of any
school within the city shall neglect or refuse to depart therefrom after being
notified to depart therefrom by any person having authority with respect to
the presence of others upon such premises.
(c) A person has received notice to depart or forbidding entry, within the
meaning of subsection (3)(a) and (b) above, if he or she has been notified
personally, either orally or in writing, or if a printed or written notice
forbidding entry has been conspicuously posted or exhibited at the main
entrance to the land or the forbidden part thereof.
4. A person who violates the provisions of this subsection (D) commits the offense
of trespassing upon school property.
(E) Trespassing On Public Parks: No person shall injure nor in any manner interfere with
or disturb any tree, flower or shrub, or any other thing in any park, nor injure, cut, break or
deface any seat, tree, lamp, shrub, flower or other thing in such park. No person shall enter
Jones Park or remain therein after the hours posted by the entranceways to the park or
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remain therein after other hours established by this code. A person who violates the
provisions of this subsection (E) commits the offense of trespassing on public parks.
(F) Penalty: Violations of this section 6-3-3-1 shall be governed by Title 1, Chapter 27,
"General Penalty," of this code and the fee schedule that is adopted by the city council from
time to time."
Section 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed
insofar as they are in conflict with this ordinance.
Section 4. 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 5. This ordinance shall be in full force and effect from and after its passage, approval and
publication as required by law.
PASSED AND APPROVED THIS 16TH day of MAY, 2023.
AYES: Aldemersons Grimm, Nelson, Lovell, Hale, Gossett, Ketcham, Lingenfelter
NAYS: None
ABSENT: Alderperson Chamberlin
APPROVED:
By:
t McDowell, Wor
ATTEST:
� Z11-64,11— 4
Brea J. S � h -Walters, City Clerk