City of Madison, Illinois Code of Ordinances."

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CITY OF MADISON, ILLINOIS

CODE OF ORDINANCES

2021 S-13 Supplement contains: Local legislation current through Ord. 1860, passed 8-17-2020 State legislation current through 2020 ALS # 3

Published by: AMERICAN LEGAL PUBLISHING CORPORATION 525 Vine Street h Suite 310 h Cincinnati, Ohio 45202 1-800-445-5588 h www.amlegal.com TITLE I: GENERAL PROVISIONS

Chapter 10. RULES OF CONSTRUCTION; GENERAL PENALTY 11. CITY WARDS

1 2 Madison - General Provisions CHAPTER 10: RULES OF CONSTRUCTION; GENERAL PENALTY

Section 10.01 Title of code 10.02 Definitions 10.03 Section headings 10.04 Rules of construction 10.05 Official time 10.06 Revivor; effect of amendment or repeal 10.07 Reference to other sections 10.08 Conflicting provisions 10.09 Amendments to code 10.10 Severability 10.11 Reference to public office or officer 10.12 Errors and omissions 10.13 Ordinances repealed 10.14 Ordinances unaffected 10.15 Ordinances saved 10.16 Technical codes 10.17 Historical and statutory references 10.99 General penalty

§ 10.01 TITLE OF CODE.

This codification by and for the City of Madison, Illinois, shall be designated as the “Code of Madison, Illinois,” and may be so cited.

§ 10.02 DEFINITIONS.

For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ANOTHER. When used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. 3 4 Madison - General Provisions

CITY, MUNICIPALITY or MUNICIPAL CORPORATION. The City of Madison, Illinois, irrespective of its population or legal classification.

COUNCIL or CITY COUNCIL. The Council of the City of Madison.

COUNTY. Madison County, Illinois. (ILCS Ch. 5, Act 70, § 1.07)

COURT. Construed to mean any court of competent jurisdiction.

DECREE. Synonymous with JUDGMENT. (ILCS Ch. 5, Act 70, § 1.24)

ELECTORS. Persons qualified to vote for elective officers at municipal elections. (ILCS Ch. 65, Act 5, § 1-1-2)

EXECUTIVE OFFICER. Words used for an executive or ministerial officer may include any deputy or other person performing the duties of the officer, either generally or in special cases. (ILCS Ch. 5, Act 70, § 1.08)

HERETOFORE or HEREAFTER. HERETOFORE means any time previous to the day on which the ordinance, resolution or statute takes effect; HEREAFTER means at any time after that date. (ILCS Ch. 5, Act 70, § 1.17)

HIGHWAY, ROAD or STREET. May include any road laid out by authority of the United States, or of this state or of any town or county of the state, and all bridges thereupon. (ILCS Ch. 5, Act 70, § 1.16)

ILCS. Illinois Compiled Statutes, 1992, as heretofore and hereafter amended.

KEEPER or PROPRIETOR. Includes all persons, whether acting by themselves, or as a servant, agent or employee.

LAND or REAL ESTATE. Includes rights and easements of an incorporeal nature.

MAY. The act referred to is permissive.

MAYOR. The Mayor of the City of Madison.

MONTH. A calendar month. (ILCS Ch. 5, Act 70, § 1.10)

MUNICIPAL CODE. The Illinois Municipal Code, ILCS Ch. 65, Act 5. Rules of Construction; General Penalty 5

OATH. Includes AFFIRMATION, and SWEAR includes AFFIRM. (ILCS Ch. 5, Act 70, § 1.12)

OWNER. When applied to property, includes any part owner, joint owner, purchaser and seller under a contract and/or deed, or tenant in common of the whole or part of the property, and includes any beneficiary of a land trust which owns property.

PERSON. Any legal person; includes associations, partnerships, corporations, joint ventures and bodies politic and corporate as well as individuals. (ILCS Ch. 5, Act 70, § 1.05)

PERSONAL PROPERTY. Includes all property except real.

POLICE OFFICERS. Police officers employed and in the service of the City of Madison. POLICE FORCE shall be construed to include the persons in the employ of a city as members of the Department of Police, who are or shall hereafter be appointed and sworn as police officers. (ILCS Ch. 5, Act 70, § 1.20)

PREMISES. As applied to property, includes land and buildings.

PROPERTY. Includes real, personal, mixed estates and other interests.

PUBLIC AUTHORITY. Includes school districts; units of legal government; the village, city, county, state or federal governments, officers and agencies thereof or any commissions or committees thereof; or any duly authorized public official.

PUBLIC PLACE. Includes any street, sidewalk, park, cemetery, school yard, body of water or watercourse, public conveyance or any other place for the sale of merchandise, public accommodation or amusement.

REAL PROPERTY. Includes lands, tenements and hereditaments.

REGISTERED MAIL. Includes CERTIFIED MAIL and CERTIFIED MAIL includes REGISTERED MAIL.

SHALL. The act referred to is mandatory.

SIDEWALK. The portion of the street between the curb line and the adjacent property line intended for the use of pedestrians. (ILCS Ch. 625, Act 5, § 1-188)

SPECIAL DISTRICTS. The meaning ascribed in Article VII of the Constitution of the State of Illinois of 1970. (ILCS Ch. 5, Act 70, § 1.29) 6 Madison - General Provisions

STATE. The State of Illinois.

STREET. Where the context admits, includes alleys, lanes, courts, boulevards, squares and other public thoroughfares.

TENANT or OCCUPANT. As applied to premises, includes any person holding a written or oral lease, or who actually occupies the whole or any part of the premises, alone or with others.

THIS CODE or THIS CODE OF ORDINANCES. The city code hereby adopted, and as hereinafter modified by amendment, revision and by the adoption of new titles, chapters or sections.

UNITS OF LOCAL GOVERNMENT. The meaning established in Section 1 of Article VII of the Constitution of the State of Illinois of 1970. (ILCS Ch. 5, Act 70, § 1.28)

WEEK. Seven consecutive days.

WHOEVER. Includes all persons, natural and artificial; partners; principals, agents and employees; and all officials, public or private.

WRITTEN or IN WRITING. Includes printing, electronic and any other mode of representing words and letters; but when the written signature of any person is required by law on any official or public writing or bond, required by law, it shall be: (1) The proper handwriting of that person, or in case he or she is unable to write, his or her proper mark; or (2) An electronic signature as defined in the Electronic Commerce Security Act, ILCS Ch. 5, Act 175, §§ 1-101 et seq., except as otherwise provided by law. (ILCS Ch. 5, Act 70, § 1.15)

YEAR. (1) A calendar year unless otherwise expressed.

(2) The word YEAR alone is equivalent to the expression “Year of Our Lord.” (ILCS Ch. 5, Act 70, § 1.10)

§ 10.03 SECTION HEADINGS.

Headings and captions used in this code are employed for reference purposes only, and shall not be deemed a part of the text of any section. Rules of Construction; General Penalty 7

§ 10.04 RULES OF CONSTRUCTION.

(A) Words and phrases shall be read in context and construed according to the rules of grammar and common usage. Words and phrases that have acquired a technical or particular meaning, whether by legislative or judicial definition or otherwise, shall be construed accordingly. (B) As used in this code, unless the context otherwise requires, the following rules will be followed. (1) The singular shall include the plural, and the plural shall include the singular. (ILCS Ch. 5, Act 70, § 1.03) (2) Words of one gender shall include the other genders. (ILCS Ch. 5, Act 70, § 1.04) (3) Words in the present tense shall include the future. (ILCS Ch. 5, Act 70, § 1.02)

(4) AND may be read OR, and OR may be read AND, if the context admits. (C) The time within which any act provided by law is to be done shall be computed by excluding the first day and including the last, unless the last day is Saturday or Sunday or is a holiday as defined or fixed in any statute now or hereafter in force in this state, and then it shall also be excluded. If the day succeeding Saturday, Sunday or a holiday is also a holiday or a Saturday or Sunday, then the succeeding day shall also be excluded. (ILCS Ch. 5, Act 70, § 1.11) (D) When the law requires an act to be done which may by law as well be done by an agent as by the principal, the requirement shall be construed to include all acts when done by an authorized agent. (E) Words purporting to give joint authority to three or more municipal officers or other persons shall be construed as giving authority to a majority of the officers or persons. (ILCS Ch. 5, Act 70, § 1.09) (F) These rules of construction shall not apply to any provision of this code which shall contain any express provision excluding that construction, or when the subject matter or context of this code may be repugnant thereto.

(G) All general provisions, terms, phrases and expressions shall be liberally construed in order that the true intent and meaning of the Mayor and City Council may be fully carried out. (ILCS Ch. 5, Act 70, § 1.01) (H) The provisions of any ordinance, in so far as they are the same as those of any prior ordinance, shall be construed as a continuation of the prior provisions, and not as a new enactment. (ILCS Ch. 5, Act 70, § 2) 8 Madison - General Provisions

§ 10.05 OFFICIAL TIME.

The official time for the city shall be as set by federal law.

§ 10.06 REVIVOR; EFFECT OF AMENDMENT OR REPEAL.

(A) The repeal of a repealing ordinance does not revive the ordinance originally repealed, nor impair the effect of any saving clause therein. (B) The reenactment, amendment or repeal of an ordinance does not do any of the following, except as provided in division (C) of this section. (1) Affect the prior operation of the ordinance or any prior action taken thereunder. (2) Affect any validation, cure, right, privilege, obligation or liability previously acquired, accrued, accorded or incurred thereunder. (3) Affect any violation thereof or penalty, forfeiture or punishment incurred in respect thereto, prior to the amendment or repeal. (4) (a) Affect any investigation, proceeding or remedy in respect of any privilege, obligation, liability, penalty, forfeiture or punishment. (b) The investigation, proceeding or remedy may be instituted, continued or enforced, and the penalty, forfeiture or punishment imposed, as if the ordinance had not been repealed or amended. (C) If the penalty, forfeiture or punishment for any offense is reduced by a reenactment or amendment of an ordinance, the penalty, forfeiture or punishment, if not already imposed, shall be imposed according to the ordinance as amended.

§ 10.07 REFERENCE TO OTHER SECTIONS.

(A) Wherever in a penalty section reference is made to a violation of a section or an inclusive group of sections, the reference shall be construed to mean a violation of any provision of the section or sections included in the reference.

(B) References in this code to action taken or authorized under designated sections of this code include, in every case, action taken or authorized under the applicable legislative provision which is superseded by this code. Rules of Construction; General Penalty 9

(C) Whenever in one section reference is made to another section hereof, the reference shall extend and apply to the section referred to as subsequently amended, revised, recodified or renumbered unless the subject matter is changed or materially altered by the amendment or revision and the context clearly indicates that the reference to the section as amended or revised was not intended.

§ 10.08 CONFLICTING PROVISIONS.

(A) If the provisions of different codes, chapters or sections of these codified ordinances conflict with or contravene each other, the provisions bearing the latest passage date shall prevail. (B) If the conflicting provisions bear the same passage date, the conflict shall be construed so as to be consistent with the meaning or legal effect of the questions of the subject matter taken as a whole.

§ 10.09 AMENDMENTS TO CODE.

All ordinances passed subsequent to this code which amend, repeal or in any way affect this code may be numbered in accordance with the numbering system of this code and printed for inclusion herein, or in the case of repealed chapters, sections and subsections, or any part thereof, by subsequent ordinances, the repealed portions may be excluded from the code by the omission from reprinted pages affected thereby, and the subsequent ordinances as numbered and printed or omitted, in the case of repeal, shall be prima facie evidence of subsequent ordinances until this code of ordinances and subsequent ordinances numbered or omitted are re-adopted as a new code of ordinances by the City Council.

§ 10.10 SEVERABILITY.

If any provisions of a section of these codified ordinances or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the section or related sections which can be given effect without the invalid provision or application, and to this end the provisions are severable.

§ 10.11 REFERENCE TO PUBLIC OFFICE OR OFFICER.

Reference to a public office or officer shall be deemed to apply to any office, officer or employee of the city exercising the powers, duties or functions contemplated in the provision, irrespective of any transfer of functions or change in the official title of the functionary. The references shall also include the designee or agent of any officer or office, unless the law or the context clearly requires otherwise. 10 Madison - General Provisions

§ 10.12 ERRORS AND OMISSIONS.

If a manifest error is discovered consisting of the misspelling of any word or words, the omission of any word or words necessary to express the intention of the provisions affected, the use of a word or words to which no meaning can be attached, or the use of a word or words when another word or words was clearly intended to express the intent, the spelling shall be corrected, and the word or words supplied, omitted or substituted as will conform with the manifest intention, and the provision shall have the same effect as though the correct words were contained in the text as originally published. No alteration shall be made or permitted if any question exists regarding the nature or extent of the error.

§ 10.13 ORDINANCES REPEALED.

This code, from and after its effective date, shall contain all of the provisions of a general nature pertaining to the subjects herein enumerated and embraced. All prior ordinances pertaining to the subjects treated by this code shall be deemed repealed from and after the effective date of this code of ordinances.

§ 10.14 ORDINANCES UNAFFECTED.

All ordinances of a temporary or special nature (including, but not limited to tax levy ordinances; appropriation ordinances; ordinances relating to boundaries and annexations; franchise ordinances and other ordinances granting special rights to persons or corporations; contract ordinances and ordinances authorizing the execution of a contract or the issuance of warrants; salary ordinances; ordinances establishing, naming or vacating streets, alleys or other public places; improvement ordinances; bond ordinances; ordinances relating to elections; ordinances relating to the transfer or acceptance of real estate by or from the city; and all special ordinances) as well as any other ordinances pertaining to subjects not enumerated and embraced in this code of ordinances, shall remain in full force and effect unless herein repealed expressly or by necessary implication.

§ 10.15 ORDINANCES SAVED.

Whenever an ordinance by its nature either authorizes or enables the City Council or a certain city officer or employee to make additional regulations for the purpose of carrying out the intent of the ordinance, all regulations of a similar nature serving that purpose effected prior to the codification and not inconsistent thereto, shall remain in effect and are saved.

§ 10.16 TECHNICAL CODES.

(A) Whenever any technical codes are incorporated herein by reference, any subsequent amendments or revisions to the technical codes shall automatically become a part of this code and shall be made available for public inspection by the city. Rules of Construction; General Penalty 11

(B) Further, to the extent of any conflict between the technical provisions of this code and any technical codes adopted by reference, the most restrictive provision shall prevail.

§ 10.17 HISTORICAL AND STATUTORY REFERENCES.

(A) As histories for the code sections, the specific number and passage date of the original ordinance, and the most recent three amending ordinances, if any, are listed following the text of the code section. Example: (Ord. 10, passed 5-13-60; Am. Ord. 15, passed 1-1-70; Am. Ord. 20, passed 1-1-80; Am. Ord. 25, passed 1-1-85) (B) An “ILCS” cite included in the history indicates that the text of the section reads either verbatim or substantially the same as the statute. Example: (ILCS Ch. 65, Act 5, § 3.1-2-1) (Ord. 10, passed 1-17-80; Am. Ord. 20, passed 1-1-85). An “ILCS” cite set forth as a “statutory reference” following the text of the section indicates that the reader should refer to that statute for further information. Example:

§ 38.04 PUBLIC RECORDS AVAILABLE.

The city shall make available to any person for inspection or copying all public records, as provided in the Illinois Freedom of Information Act. Statutory reference: Freedom of Information Act, see ILCS Ch. 5, Act 140, §§ 1 et seq.

§ 10.99 GENERAL PENALTY.

Whoever violates any provision of this code or other ordinance of this city for which another penalty is not specifically provided, shall be fined not more than $750 for each and every violation thereof, and every day the violation continues shall constitute a separate offense. Statutory reference: Limitations on penalties, see ILCS Ch. 65, Act 5, § 1-2-1 Authority to imprison for certain ordinance violations, see ILCS Ch. 65, Act 5, § 1-2-1.1 Cross-reference: Administrative Adjudication, see §§ 36.15 et seq. Administration and Enforcement, see Ch. 73 Enforcement; Hearing Procedure, see §§ 150.15 et seq. 12 Madison - General Provisions CHAPTER 11: CITY WARDS

Section 11.01 Redistricting; city wards

§ 11.01 REDISTRICTING; CITY WARDS.

(A) Ward 1. (1) A tract of land being a part of Section 25, Township 3 North, Range 10 West of the Third Principal Meridian, within the corporate limits of the city more fully described as follows: Beginning at the intersection of the centerline of McCambridge Avenue and 601 Street; thence west along the centerline of 6th Street to the centerline of Alton Avenue; thence south along the centerline of Alton Avenue to the centerline of 4th Street; thence west along the centerline of 4th Street to the centerline of Ewing Avenue; thence southwesterly along the center line of Ewing Avenue to its intersection with the centerline of an alley between 3rd Street and 2nd Street located in Block N of the original plat of the city; thence northwesterly along the centerline and its northwesterly extension thereof to the centerline of Madison Avenue; thence northeasterly along the centerline of Madison Avenue to the centerline of 4th Street; thence northwesterly along the centerline of 4th Street to the centerline of State Street; thence northeasterly along the centerline of State Street to the centerline of 7th Street; thence southeasterly along the centerline of 7th Street to the centerline of Madison Avenue; thence northeasterly along the centerline of Madison Avenue to the centerline of 8th Street; thence southeasterly along the centerline of 10th Street to the centerline of Washington Avenue; thence northeasterly along the centerline of Washington Avenue to the centerline of 10th Street; thence southeasterly along the centerline of 10th Street to the centerline of Alton Avenue; thence north along the centerline of Alton Avenue to the centerline of Plum Street; thence east along the centerline of Plum Street to the centerline of McCambridge, Avenue; thence south along the centerline of McCambridge Avenue, to the centerline of 6th Street and the point of beginning.

(2) The above legal description is based on record information and is not the result of a field survey. 13 14 Madison - General Provisions

(B) Ward 2. (1) A tract of land being a part of Section 30 in Township 3 North, Range 9 West and a part of Section 24 and 25 in Township 3 North, Range 10 West, of the Third Principal Meridian, within the corporate limits of the city, more fully described as follows: Beginning at the intersection of the north line of Section 30 with the centerline of Rhodes Street, the point being on the existing corporate limits of the city; thence southwesterly along the centerline of Rhodes Street to the centerline of McCambridge Avenue; thence north along the centerline of McCambridge Avenue to the centerline of Plum Street; thence west along the centerline of Plum Street to the centerline of Alton Avenue; thence south along the centerline of Alton Avenue to the centerline of 10th Street; thence northwesterly along the centerline of 10th Street to the centerline of Washington Avenue; thence southwesterly along the centerline of Washington Avenue to the centerline of 8th Street; thence northwesterly along the centerline of 8th Street to the centerline of Madison Avenue; thence southwesterly along the centerline of Madison Avenue to the centerline of 7th Street; thence northwesterly along the centerline of 7th Street to the centerline of State Street; thence northwesterly along the centerline of State Street to a point on the existing corporate limits of the city; thence easterly, southerly and easterly along the existing corporate limits of the city to the centerline of Rhodes Street and the point of beginning. (2) The above description is based on record information and is not the result of a survey. (C) Ward 3. (1) A tract of land being a part of the southeast quarter of Section 25, Township North, Range 10 West of The Third Principal Meridian, within the corporate limits of the city, more fully described as follows: Beginning at the intersection of the centerline of McCambridge Avenue with the centerline of 6th Street; thence south along the centerline of McCambridge Avenue to the centerline of the alley between 2nd and 3rd Streets located in Block 11 of 2nd Addition to Madison; thence west along the centerline of the alley to the centerline of Ewing Avenue; thence northeasterly along the centerline of Ewing Avenue to the centerline of 4th Street; thence east along the centerline of 4th Street to the centerline of Alton Avenue; thence north along the centerline of Alton Avenue to the centerline of 6th Street; thence east alone the centerline of 6th Street to the centerline of McCambridge Avenue and the point of beginning.

(2) Also, all that part of the existing corporate limits of the city lying southeasterly of the Norfolk and Western Railroad in Section 36, Township 3 North, Range 9 West of the Third Principal Meridian. City Wards 15

(3) Also, all that part of the existing corporate limits of the city lying in Sections 27, 29, 31, 32, 33 and 34 in Township 3 North, Range 9 West of the Third Principal Meridian. (4) Also, all that part of the existing corporate limits of the city lying southerly of the centerline of Rhodes Avenue in Section 30, Township 3 North, Range 9 West of the Third Principal Meridian. (5) Also, all that part of the existing corporate limits of the city lying in St. Clair County. (6) The above legal description was based on record data and is not the result of a field survey. (D) Ward 4. (1) All that part of the existing corporate limits of the city lying west of the following described line: Beginning at the intersection of the north line of the existing corporate limits of the city with the centerline of State Street; thence southwesterly along the centerline of State Street to the centerline of 4th Street; thence southeasterly along the centerline of 4th Street to the centerline of Madison Avenue; thence southwesterly along the centerline of Madison Avenue to the centerline of the alley between 2nd Street and 3rd Street located in Block K of the original plat of the city; thence southeasterly along the centerline of the alley and its southeasterly extension thereof to the centerline of Ewing Avenue; thence east along the centerline of the alley between 2nd and 3rd Streets in Block 9 of the 2nd Addition to Madison and its easterly extension thereof to the centerline of McCambridge Avenue; thence south along the centerline of McCambridge Avenue and its southerly extension thereof to a point on the southerly line of the existing corporate limits of the city. (2) Also, all that part of the existing corporate limits of the city lying west of the Chain of Rocks Canal. (3) The above legal description is based on record information and is not the result of a field survey. (Ord. 1504, passed 10-19-1999) 16 Madison - General Provisions TITLE III: ADMINISTRATION

Chapter

30. CITY COUNCIL

31. CITY OFFICIALS

32. DEPARTMENTS, BOARDS AND OTHER ORGANIZATIONS

33. TAXATION

34. FIRE DEPARTMENT

35. POLICE DEPARTMENT

36. CODE AND ORDINANCE VIOLATIONS

37. CITY POLICIES

38. PERSONNEL

39. EMERGENCY SERVICES AND DISASTER AGENCIES

40. ETHICS

41. CIVIL EMERGENCIES

1 2021 S-13 2 Madison - Administration CHAPTER 30: CITY COUNCIL

Section

30.01 Meetings 30.02 Order of business 30.03 Duties and privileges of Mayor 30.04 Duties and privileges of members 30.05 Motions and resolutions 30.06 Committees; reports 30.07 Bills and claims 30.08 Second readings 30.09 Investigation 30.10 Temporary suspension of order of business or rules 30.11 Public participation during Council meetings

§ 30.01 MEETINGS.

(A) Meetings shall be held at 6:30 p.m. on alternate Tuesdays of each month.

(B) A majority of the Aldermen-elect shall constitute a quorum to do business, but a smaller number may adjourn from time to time and compel absentees to attend any regular or special meeting, by a written citation to that effect, stating the day and hour of the meeting. The citation shall be signed by the Mayor or Aldermen issuing the same and it may be served by the Chief of Police or any officer authorized to serve the processes in the city, by reading the same to the absentees. Any Alderman willfully refusing to obey the citation shall forfeit $5 to be deducted out of his or her salary and, upon the repeated refusal to obey the citation, the Aldererson shall be expelled or his or her office declared vacant.

(C) In the absence of Mayor, the Council shall elect one of its members temporary Chairperson and, in like manner, should the City Clerk be absent from the meeting, the Council may appoint a Clerk, pro tem.

(D) The site and location of the City Hall and Police Department will be changed to the new City Hall building located at 615 Madison Avenue, Madison, Illinois. (Ord. 549, passed 6-16-1942; Am. Ord. 1323, passed - -; Am. Ord. 1385, passed 11-18-1997)

2021 S-13 3 4 Madison - Administration

§ 30.02 ORDER OF BUSINESS.

(A) (1) At the hour appointed for meetings of the Council, the City Clerk shall proceed to call the role of the members, marking the absentees and announcing whether a quorum is present. If a quorum be present, the Council shall proceed to the business before it. A majority of the members, exclusive of the Mayor, shall be necessary to constitute a quorum; less than a quorum may adjourn and compel the attendance of members.

(2) The following shall be the order of business:

(a) The reading of the minutes of the proceedings of the last meeting or meetings, amendments and approval the same;

(b) Presentation of claims;

(d) Reports of standing committees;

(e) Reports of special committees;

(f) Unfinished business of preceding meeting;

(g) New business, including the presentation of petitions, resolutions and other communications;

(h) Miscellaneous business.

(B) All questions relating to the priority of business shall be decided without debate. (Ord. 549, passed 6-16-1942; Am. Ord. 1323, passed - -; Am. Ord. 1385, passed 11-18-1997)

§ 30.03 DUTIES AND PRIVILEGES OF THE MAYOR.

(A) The Mayor shall preserve order and decorum and shall decide all questions of order, subject to an appeal to the City Council. He or she shall have the deciding vote on all questions upon which the City Council is equally divided, but not otherwise.

(B) While the Mayor is put the question, no member shall walk across or out of the Council room.

(C) Every member, previous to his or her speaking, shall rise from his or her seat and address himself or herself to the Mayor, but shall not proceed with his or her remarks until recognized and named by the Chair. City Council 5

(D) When two or more rise at once, the Mayor shall name the member who is first to speak. (Ord. 549, passed 6-16-1942; Am. Ord. 1323, passed - -; Am. Ord. 1385, passed 11-18-1997)

§ 30.04 DUTIES AND PRIVILEGES OF MEMBERS.

(A) When a member wishes to present a communication, petition, ordinance or report, he or she shall rise from his or her place and address the Chair in the usual form, and having briefly stated the subject of his or her communication, petition, ordinance or report, ask leave to present the same, whereupon, the document shall be handed, immediately, to the Clerk to be seen in full unless otherwise specially ordered and, after the reading, appropriate action may be taken thereon.

(B) No member shall speak more than twice on the same general question without leave of the Council.

(C) A member called to order while speaking shall immediately cease speaking and sit down unless permitted to explain. If there be no appeal, the decision of the Chair shall be conclusive; but if the member appeals from the decision of the Chair, the City Council shall decide the case without debate.

(D) While a member is speaking, no member shall hold private discourse, nor pass between the speaker and the Chair.

(E) Each member who shall be present when a question is stated by the Chair shall vote thereon unless excused by the Council or unless he or she is directly interested in the question, in which case he or she shall not vote. (Ord. 549, passed 6-16-1942; Am. Ord. 1323, passed - -; Am. Ord. 1385, passed 11-18-1997)

§ 30.05 MOTIONS AND RESOLUTIONS.

(A) No motion shall be put or debated unless it is seconded and no petition or resolution shall be considered unless it is submitted in writing. When a motion is seconded, it shall be stated by the Chair before debate and every motion shall be reduced to writing if required by any member of the Council.

(B) After a motion or resolution is stated by the Chair, it shall be in the possession of the City Council, but it may be withdrawn by the mover and seconded at any time before decision or amendment.

(C) In all cases where a resolution or motion is entered on the minutes of the City Council, the name of the member moving the same shall be entered also.

(D) In all cases of the adoption of an ordinance and upon every proposition to create any liability against the city, or for the expenditure or appropriation of its money, the ayes and nays shall be taken and entered upon the record. In all other cases, if any member requires it, and his or her motion is 6 Madison - Administration seconded, the ayes and nays on any question shall be taken and entered upon the minutes; but the ayes and nays shall not be taken unless called for previously to any vote on the question. All ordinances shall be read and referred to the proper committee for report and action at the next meeting unless two-thirds of all the Aldermen elected by vote, after the reading, consent to consider the ordinance at the same meeting at which it is introduced.

(E) (1) When a question is under debate, the only motion in order shall be:

(a) To adjourn;

(b) The previous question;

(d) To postpone indefinitely;

(e) To adjourn to a certain day;

(f) To refer; and

(g) To amend.

(2) The motions shall have precedence in the order herein arranged, the first three to be decided without debate.

(F) (1) A motion to adjourn the City Council shall always be in order, except:

(a) When any member is in possession of the floor;

(b) While the ayes and nays are being called;

(d) When adjournment was the last preceding motion; or

(e) When it has been decided that the previous question shall be taken.

(2) A motion to adjourn simply cannot be amended, but a motion to adjourn to a given time, may be and is open to debate.

(G) When the previous question is moved and put, it shall be in this form: “Shall the main question be now put?” If this is carried, all proposed amendments and all further motions and debates shall be excluded, and the question put without delay. City Council 7

(H) A motion to lay on the table, simply, is not debatable, but a motion to lay on the table and publish, or any other condition, is subject to amendment and debate.

(I) When a motion is postponed indefinitely, it shall not be taken up again during the same meeting.

(J) A motion to refer to a standing committee shall take precedence to a similar motion to refer to a special committee.

(K) (1) A motion to amend an amendment shall be in order, but to amend an amendment to an amendment shall not be entertained. A substitute motion, germane to the subject matter being considered, may be entertained.

(2) An amendment modifying the intention of a motion shall be in order, but an amendment relating to a different subject shall not be in order.

(3) On a motion to “strike out and insert,” the paragraph to be amended shall first be read as it stands, the words proposed to be struck out, and those to be inserted, and finally, the paragraph as it would stand, if so amended.

(L) (1) A motion may be reconsidered at any time during the same meeting, or at the first meeting hold, thereafter. A motion for a reconsideration, being once made and decided in the negative, shall not be renewed before the next meeting.

(2) A motion to reconsider must be made and seconded by members who voted in the affirmative.

(3) No question shall be reconsidered more than once, nor shall a vote to reconsider be reconsidered. (Ord. 549, passed 6-16-1942; Am. Ord. 1323, passed - -; Am. Ord. 1385, passed 11-18-1997)

§ 30.06 COMMITTEES; REPORTS.

(A) (1) All standing committees shall be appointed by the Mayor, and all special committees shall be appointed by the Mayor, unless otherwise specially directed by the City Council.

(2) The following shall be the standing committees:

(a) Finance;

(b) Streets and Alleys;

(d) Police;

(e) Public Grounds and Buildings;

(f) Purchasing;

(g) Ordinance;

(h) Fire, Light and Water;

(i) Claims;

(j) Printing; and

(k) Health and Safety.

(3) All committees shall consist of three members each unless some other special number be specified and the first person named shall be the Chairperson.

(4) Upon the acceptance of a final report of a special committee, the committee shall be considered discharged without a vote unless otherwise ordered.

(B) (1) Standing and special committees, to whom references were made, shall, in all cases, report in writing the state of facts, with their opinion thereon.

(2) All reports of committees shall be addressed “To the City Council of the City of Madison.” They, shall briefly describe the matter referred and the conclusion to which the committee has arrived, which conclusion shall be summed up in the form of an order, resolution or recommendation. (Ord. 549, passed 6-16-1942; Am. Ord. 1323, passed - -; Am. Ord. 1385, passed 11-18-1997)

§ 30.07 BILLS AND CLAIMS.

(A) All bills and claims against the city shall be referred to some committee and shall be over until a next meeting of the Council unless the same shall have been examined by the appropriate committee and payment recommended by a majority of the committee, in which case, bills and claims may be passed and allowed, without being referred, at the same meeting at which they are presented.

(B) All motions providing for the expenditure of money shall be in writing and be referred to the proper committee for due consideration and report. (Ord. 549, passed 6-16-1942; Am. Ord. 1323, passed - -; Am. Ord. 1385, passed 11-18-1997) City Council 9

§ 30.08 SECOND READINGS.

(A) No ordinance shall be adopted by the City Council at the same meeting at which it is offered for consideration, but each ordinance shall pass to a second reading and shall not be adopted at a meeting occurring less than five days after the meeting at which it was referred.

(B) If a motion or resolution to suspend the operation of this rule shall be adopted by a two-thirds vote of all the members present, then the ordinance may be adopted on proper motion in the meeting. (Ord. 549, passed 6-16-1942; Am. Ord. 1323, passed - -; Am. Ord. 1385, passed 11-18-1997)

§ 30.09 INVESTIGATION.

The Corporation Counsel, in all cases where ordinances have been referred to him or her for investigation, consideration and to reconstruct to conform to legal or statutory requirements, shall be required to furnish each member of the City Council upon request a copy of all ordinances under consideration which were referred to him or her by the Council. (Ord. 549, passed 6-16-1942; Am. Ord. 1323, passed - -; Am. Ord. 1385, passed 11-18-1997)

§ 30.10 TEMPORARY SUSPENSION OF ORDER OF BUSINESS OR RULES.

The foregoing rules and order of business may be temporarily suspended by the unanimous consent of all the members present, but shall not be repealed, altered or amended unless by the concurrence of two-thirds of all the Aldermen elected. (Ord. 549, passed 6-16-1942; Am. Ord. 1323, passed - -; Am. Ord. 1385, passed 11-18-1997)

§ 30.11 PUBLIC PARTICIPATION DURING COUNCIL MEETINGS.

(A) Regulations and protocols for public participation during Council meetings. The following rules and protocols shall apply to public participation at meetings of the City Council and any committees thereof.

(1) Public participation at City Council or Council Committee meetings is encouraged. A period of time at any such meeting shall be made available on the agenda for each meeting.

(2) A person who desires to make a comment to the Council shall provide no less than three days’ notice of their intent to address the Council at any particular meeting. They should also identify the subject of their address and they shall (on the day of the meeting) print and sign their name and provide their residential address on a sheet of paper provided for such purpose. Preference will be given to the person who has given the three day notice. Additional preference will be given to residents and/or property owners in the city.

2021 S-13 10 Madison - Administration

(3) The mayor will determine the order of persons wishing to address the Council. The Mayor shall preserve order and decorum. Conversational tone and non-vulgar language shall be used by any speaker. The Mayor shall decide all questions of order.

(4) All speakers shall address their remarks to the Mayor.

(5) All speakers shall confine their comments to three minutes, unless additional time is granted by the Mayor. No speaker shall repeat comments made by a prior speaker. No speaker shall malign, impugn or make contentious statements. Doing so may subject the speaker to immediate sanction by the Mayor, up to and including termination of the speaker’s allocated time. Termination of the speaker’s time may be had at the discretion of the Mayor or a vote by two thirds of the Council members present at the meeting.

(6) Any speaker who intends to use visual aids (photo graphics, charts, documents, etc.) shall provide nine copies of said items to the City Clerk in advance of the meeting.

(B) Guide to addressing the City Council. The following shall be posted on the city’s website and on the door leading to the Council Chambers.

Citizens’ Guide to Addressing the City Council:

Anyone wishing to address the Mayor or City Council at the agenda item “Public Comment” shall adhere to the following guidelines, rules and/or protocols:

A. Provide your name, address and signature on the sign-up sheet provided. (Preference will be given to any person who advises the clerk(s) in City Hall of their intention to make an address at least three days prior to the meeting.)

B. You may stand and speak upon being recognized or given permission to address the Council or Mayor after being recognized or given permission.

C. Address any and all comments to the Mayor.

D. The mayor shall preserve order and decorum. Refrain from maligning, impugning or making contentious statements. Speak in a conversational tone and do not use vulgar language.

E. After the termination of the “public comment” portion of the agenda, no person shall be allowed to address the Mayor or Council except with the permission of the Mayor.

F. Any speaker wishing to use a visual aide (photographs, charts, documents, etc.) shall provide nine copies of said items to the City Clerk in advance of the meeting. (Ord. 1835, passed 9-3-2019)

2021 S-13 CHAPTER 31: CITY OFFICIALS

Section

31.01 Deputy City Clerk; authority 31.02 City Comptroller 31.03 Salaries and wages 31.04 Prevailing wages for public works employees Cross-reference: City Attorney, see § 32.22 Corporation Counsel, see § 32.21 Superintendent of Streets, see § 32.37

§ 31.01 DEPUTY CITY CLERK; AUTHORITY.

(A) Pursuant to and in keeping with the provisions of ILCS Ch. 65, Act 5, § 3.1-30-10, the City Clerk is authorized to appoint a Deputy City Clerk.

(B) The Deputy City Clerk, so appointed by the City Clerk, is to perform all of the duties of the Office of City Clerk in keeping and as set forth in ILCS Ch. 65, Act 5, §§ 3.1-35-90 and 3.1-35-95. (Ord. 792, passed 3-7-1967)

§ 31.02 CITY COMPTROLLER.

(A) The Comptroller of the city shall be under the direct control and supervision of the Mayor of the city, except as provided herein, and shall exercise and be responsible for the performance of, in addition to the duties heretofore established by statute, prior ordinances of the city, and such other duties as the Mayor and/or the City Council have or may hereafter assign to the Comptroller from time to time, the following duties:

(1) Attend all regular and special City Council meetings;

(2) Attend all City Council committee meetings when requested;

(3) Organize and maintain in a retrievable system all financial records of the city;

(4) Receive and account for all monies due or forwarded to the city from all sources;

2009 S-7 12 Madison - Administration

(5) Separate and maintain accounts for each city fund as directed by ordinance or as directed by the City Council;

(6) Keep all city funds and money in appropriate accounts and depositories as directed from time to time by resolution, ordinance or law;

(7) Insure that all city funds are properly insured by F.D.I.C. or secured by appropriate other securities as provided by law, as the case may be;

(8) Prepare and give monthly reports showing the incomes, disbursements and beginning of and end of month balances for each account and/or fund of the city at the first regular Council meeting of every month for the month next preceding the meeting;

(9) Prepare and give an annual report showing the incomes, disbursements and beginning of and end of year balances for each account and/or fund of the city at the first regular Council meeting in May for the city’s fiscal year next preceding the meeting;

(10) Prepare and file with County Tax Collector the city’s annual financial account and/or statement as required by law;

(11) Prepare and give proper and appropriate receipts on behalf of the city to every person paying money to the city for any reason;

(12) Prepare and record appropriate liens required by the city’s ordinances with the Recorder of Deeds of the appropriate county;

(13) Process all forms and documents and collect all fees pertaining to the issuance of licenses or permits required by the city’s ordinances, such as but not limited to business licenses, liquor licenses, building permits and the like;

(14) Process all forms and documents and collect all fees pertaining to trash fees;

(15) Issue and/or pay out all appropriate warrants as authorized by the city;

(16) Establish and supervise a petty cash drawer for city use;

(17) Establish and maintain appropriate and current files and records for each employee and each department, showing such things as, but not limited to job description, pay scale, IMRF, healthcare insurance, sick leave, vacation time, compensation time and the like for each city employee and department;

(18) Properly and promptly pay all officers and employees their earned or entitled salaries, wages, reimbursements or other benefits as authorized by the city; City Officials 13

(19) Establish and maintain appropriate files and records for all city insurance matters; and

(20) Assume the duties of and act as the Assistant City Clerk pursuant to the control and supervision of the City Clerk.

(B) The Comptroller shall possess at a minimum a Bachelor of Arts or Science Degree in Accounting or Finance and have at least three years of experience with computer-generated accounting systems. The person appointed to the position of Comptroller is not required to be, become or remain a resident of the city in order to serve. (Ord. 1314, passed 7-2-1996; Am. Ord. 1360, passed 5-6-1997)

§ 31.03 SALARIES AND WAGES.

The salaries and wages of the officers and employees of the city as set shall be established, restated, and/or increased, as the case may be, to the annual and/or hourly rate, except as otherwise stated, following the job description and their name according to the schedule attached to Ordinance 1849 or as it may be amended from time to time by the Council, and incorporated by reference. That the officers and employees are not entitled to any longevity pay as same has heretofore, by prior ordinances, been included into and made a part of their annual and/or hourly rate. (Ord. 1582, passed 7-16-2002; Am. Ord. 1587, passed 9-10-2002; Am. Ord. 1704, passed 7-22-2008; Am. Ord. 1742, passed 2-14-2012; Am. Ord. 1755, passed 5-7-2013; Am. Ord. 1762, passed 5-21-2014; Am. Ord. 1777, passed 5-19-2015; Am. Ord. 1800, passed 10-18-2016; Am. Ord. 1804, passed 5-2-2017; Am. Ord. 1806, passed 7-11-2017; Am. Ord. 1812, passed 9-5-2017; Am. Ord. 1819, passed 5-29-2018; Am. Ord. 1822, passed 7-24-2018; Am. Ord. 1823, passed 8-7-2018; Am. Ord. 1849, passed 4-28-2020)

§ 31.04 PREVAILING WAGES FOR PUBLIC WORKS EMPLOYEES.

(A) To the extent and as required by “An act regulating wages of laborers, mechanics and other workers employed in any public works by State, County, City or any public body or any political subdivision or by any one under contract for public works,” approved June 26, 1941, as amended, the general prevailing rate of wages in this locality for laborers, mechanics and other workers engaged in construction of public works coming under the jurisdiction of the City of Madison is hereby ascertained to be the same as the prevailing rate of wages for construction work in the Madison County area as determined by the Department of Labor of the State of Illinois as of July of the current year, a copy of that determination being attached to Ordinance 1851, passed June 8, 2020 and incorporated herein by reference. As required by said Act, any and all revisions of the prevailing rate of wages by the Department of Labor of the State of Illinois shall supersede the Department’s July determination and apply to any and all public works construction undertaken by the City of Madison. The definition of any terms appearing in this section which are also used in aforesaid Act shall be the same as in said Act.

2021 S-13 14 Madison - Administration

(B) Nothing herein contained shall be construed to apply said general prevailing rate of wages as herein ascertained to any work or employment except public works construction of the City of Madison to the extent required by the aforesaid Act.

(C) The City Clerk of the City of Madison shall publicly post or keep available for inspection by any interested party in the main office of the City of Madison this determination or of the current revised determination of prevailing rates of wages then in effect shall be attached to all contract specifications.

(D) The City Clerk of the City of Madison shall mail a copy of this determination to any employer, to any association of employers, and to any person or association of employees who have filed their names and addresses, requesting copies of any determination stating the particular rates and the particular class of workers whose wages will be affected by such rates.

(E) The City Clerk of the City of Madison shall promptly file a certified copy of this section with both the Secretary of State Index Division and the Department of Labor of the State of Illinois.

(F) The City Clerk of the City of Madison shall cause to be published in a newspaper of general circulation within the area a copy of this section, and such publication shall constitute notice that the determination is effective and that this is the determination of this public body. (Ord. 1705, passed 8-5-2008; Am. Ord. 1730, passed 8-3-2010; Am. Ord. 1737, passed 7-5-2011; Am. Ord. 1746, passed 7-17-2012; Am. Ord. 1756, passed 6-4-2013; Am. Ord. 1763, passed 7-1-2014; Am. Ord. 1778, passed 7-14-2015; Am. Ord. 1796, passed 7-26-2016; Am. Ord. 1806, passed 7-11-2017; Am. Ord. 1812, passed 9-5-2017; Am. Ord. 1823, passed 8-7-2018; Am. Ord. 1832, passed 6-25-2019; Am. Ord. 1851, passed 6-8-2020)

2021 S-13 CHAPTER 32: DEPARTMENTS, BOARDS AND OTHER ORGANIZATIONS

Section

Planning Commission

32.01 Purpose 32.02 Membership; terms of office 32.03 Procedure 32.04 Powers and duties 32.05 Land subdivision or re-subdivision; official map 32.06 Improvements 32.07 Expenditures

Law Department

32.20 Establishment; creation of offices 32.21 Corporation Counsel 32.22 City Attorney 32.23 Reports

Department of Streets

32.35 Establishment 32.36 Creation of offices 32.37 Superintendent of Streets; bond; duties; sewer responsibilities 32.38 Disposition of property 32.39 Building material in streets; permission 32.40 Maintenance and repair; protection 32.41 Payment of funds to city 32.42 Full record to be kept 32.43 Employment of laborers 32.44 Power of arrest 32.45 Superintendent; removal from office

Board of Health

32.60 Membership 32.61 Powers of Board

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32.62 Notice to abate 32.63 Contagious diseases; report and regulations 32.64 Resistance prohibited 32.65 Brining diseased persons into city 32.66 Premises to be clean, disinfected and the like 32.67 Vaccination 32.68 Fumigation 32.69 Police assistance 32.70 Letting unfit buildings prohibited 32.71 Filth in alley; streets to be kept clean 32.72 Offensive trades and businesses 32.73 Nuisances 32.74 Stables 32.75 Drugs 32.76 Unwholesome food or drinks 32.77 Expectorating on sidewalk 32.78 Penalty

PLANNING COMMISSION

§ 32.01 PURPOSE.

In order that adequate provisions be made for the preparation of a comprehensive city plan for the guidance, direction and control of the growth and development or redevelopment of the city and contiguous territory not more than 1½ miles beyond the corporate limits and not included in any municipality, the Plan Commission is hereby created under ILCS Ch. 65, Act 5, and as amended. (Ord. 782, passed 11-30-1965)

§ 32.02 MEMBERSHIP; TERMS OF OFFICE.

(A) The Plan Commission shall consist of seven members, citizens of the city, appointed by the Mayor, on the basis of their particular fitness for their duty on the Plan Commission and subject to the approval of the City Council.

(B) Members shall serve for a period of three years. Vacancies shall be filled by appointments for unexpired terms only. All members of the Commission shall serve without compensation, except that, if the City Council deems it advisable, they may receive compensation as may be fixed from time to time by the City Council and provided for in the Appropriation Ordinance. The Mayor, Corporation Counsel Departments, Boards and Other Organizations 17 and City Engineer shall serve as ex-officio members of the Commission and shall serve for the terms of their elective and appointive office. (Ord. 782, passed 11-30-1965)

§ 32.03 PROCEDURE.

Immediately following their appointment, the members of the Plan Commission shall meet, organize, elect officers as it may deem necessary and adopt and, later, change or alter, rules and regulations of organization and procedure consistent with city ordinances and state laws. The Commission shall keep written records of its proceedings, which shall be open at all times to public inspection. The Commission shall also file an annual report with the Mayor and City Council setting forth its transactions and recommendations. (Ord. 782, passed 11-30-1965)

§ 32.04 POWERS AND DUTIES.

The Plan Commission shall have the following powers and duties:

(A) To prepare and recommend to the City Council a comprehensive plan for the present and future development or redevelopment of the city and contiguous unincorporated territory not more than 1½ miles beyond the corporate limits of the city and not included in any other municipality; (The plan may be adopted in whole or in separate geographical or functional parts, each of which, when adopted, shall be the official comprehensive plan, or part thereof, of the city. The plan shall be advisory, except as to the part thereof as has been implemented by ordinances duly enacted by the City Council. All requirements for public hearing, filing of notice of adoption with the County Recorder of Deeds and filing of the plan and ordinances with the Municipal Clerk shall be complied with, as provided for by law. To provide for the health, safety, comfort and convenience of the inhabitants of the city and contiguous territory, the plan or plans shall establish reasonable standards of design for subdivisions and for re-subdivisions of unimproved land and of areas subject to redevelopment in respect to public improvements, as herein defined, and shall establish reasonable requirements governing the location, width, course and surfacing of public streets and highways, alleys, ways for public service facilities, curbs, gutters, sidewalks, street lights, parks, playgrounds, school grounds, size of lots to be used for residential purposes, storm water drainage, water supply and distribution, sanitary sewers and sewage collection and treatment. The requirements specified herein shall become regulatory only when adopted by ordinance.)

(B) To designate land suitable for annexation to the municipality and the recommended zoning classification for the land upon annexation;

(C) To recommend to the City Council, from time to time, changes in the comprehensive plan or any part thereof, as may be deemed necessary; 18 Madison - Administration

(D) To prepare and recommend to the City Council, from time to time, plans and/or recommendations for specific improvements in pursuance of the official comprehensive plan;

(E) To give aid to the officials of the city charged with the direction of projects for improvements embraced within the official plan, or parts thereof, to further the making of the improvements and generally to promote the realization of the official comprehensive plan;

(F) To arrange and conduct any form of publicity relative to its activities for the general purpose of public understanding;

(G) To co-operate with municipal or regional planning commissions and other agencies or groups to further the local planning program and to assure harmonious and integrated planning for the area; and

(H) To exercise other powers germane to the powers granted under ILCS Ch. 65, Act 5, and as amended, as may be conferred by the City Council. (Ord. 782, passed 11-30-1965)

§ 32.05 LAND SUBDIVISION OR RE-SUBDIVISION; OFFICIAL MAP.

(A) (1) At any time or times before or after the formal adoption of the official comprehensive plan by the corporate authorities, an official map may be designated by ordinance, which map may consist of the whole area included within the official comprehensive plan, or one or snore separate geographical or functional parts, and may include all or any part of the contiguous unincorporated area within 1½ miles from the corporate limits of the city.

(2) All requirements for public hearing, filing of notice of adoption with the County Recorder of Deeds and filing of the plan and ordinances, including the official map, with the Municipal Clerk shall be complied with as provided for by law.

(B) No map or plat of any subdivision or re-subdivision presented for record affecting land within the corporate limits of the city or within contiguous territory which is not more than 1½ miles beyond the corporate limits shall be entitled to record or shall be valid unless the subdivision shown thereon provides for standards of design, and standards governing streets, alleys, public ways, ways for public service facilities, street lights, public grounds, size of lots to be used for residential purposes, storm and flood water runoff channels and basins, water supply and distribution, sanitary sewers and sewage collection and treatment in conformity with the applicable requirements of the ordinances, including the official map. (Ord. 782, passed 11-30-1965) Departments, Boards and Other Organizations 19

§ 32.06 IMPROVEMENTS.

(A) The City Clerk shall furnish the Plan Commission, for its consideration, a copy of all ordinances, plans and data relative to public improvements of any nature.

(B) The Plan Commission may report in relation thereto if it deems a report necessary or advisable, for the consideration of the City Council. (Ord. 782, passed 11-30-1965)

§ 32.07 EXPENDITURES.

(A) The Commission may, at the discretion of the City Council, employ a paid secretary or staff, or both, whose salaries, wages and other necessary expenses shall be provided for by the City Council from the public funds.

(B) If the Plan Commission shall deem it advisable to secure technical advice or services, it may be done upon authority from the City Council and appropriations by the City Council therefore. (Ord. 782, passed 11-30-1965)

LAW DEPARTMENT

§ 32.20 ESTABLISHMENT; CREATION OF OFFICES.

(A) There is hereby created and established a department of the municipal government of the city, which shall be known as the Law Department and shall consist of the Corporation Counsel and the City Attorney.

(B) The following executive offices of the city are hereby created and established, to-wit:

(1) The Office of Corporation Counsel; and

(2) The Office of City Attorney.

(C) The Corporation Counsel and the City Attorney shall be appointed by the Mayor with the approval of the City Council, annually, at the first regular meeting in May of each year, or as soon thereafter as may be convenient, and each of the officers shall hold his or her office for a term as he or she may be appointed, not extending beyond the end of the fiscal year of the city.

(D) Should a vacancy occur in the Offices of Corporation Counsel or City Attorney, caused by death, resignation or for other reason, the Mayor, at any meeting of the City Council, after the vacancy 20 Madison - Administration shall occur, by and with the advice and consent of the Council, may appoint any qualified person to fill the vacancy for the unexpired term.

(E) The Corporation Counsel and the City Attorney shall be citizens of the United States, qualified electors of the city and licensed to practice law in the courts of the state.

(F) The Corporation Counsel and the City Attorney shall be subject to removal as provided by law and the ordinances of the city. If either of the officers ceases to perform the duties of his or her office by reason of death, permanent physical or mental disability, conviction of a disqualifying crime or dismissal from or abandonment of office, the Mayor may appoint a temporary successor to the officer.

(G) The salary of the Corporation Counsel and of the City Attorney shall be fixed at an amount as may be appropriated therefor in the annual appropriation ordinance of the city. (Ord. 680, passed 5-5-1953)

§ 32.21 CORPORATION COUNSEL.

(A) (1) The Corporation Counsel shall, when required, advise the City Council, or any of its committees, or any city officer, in relation to all matters of law arising in which the interests of the city are involved. He or she shall act as attorney for the Playground and Recreation Board, the Library Board, the Board of Trustees of the city’s Police Pension Fund, the Board of Fire and Police Commissioners and the Board of Local Improvements and shall attend any meetings of the boards when requested.

(2) He or she shall attend to all legal matters incident to the levying and collection of any tax or special assessment and shall examine all assessment rolls and tax lists and all proceedings in reference to the assessment and collection of taxes and assessments for public improvements and approve the same.

(3) He or she shall draft all ordinances, bonds, contracts, resolutions, leases, conveyances or other instruments of writing on behalf of the city or examine and approve the same when required by the City Council for any of its committees or the Mayor. He or she shall furnish, on request, written legal opinions upon any subject concerning city government to the Mayor, the City Council or the head of any city department or board.

(4) He or she shall prosecute or defend, on behalf of the city, in all cases necessary to be instituted or originating in any court of record in which the interests of the city, or the official acts of any officer or agent of the city are involved. He or she shall report to the City Council and the Mayor all cases in which he or she shall deem it expedient to take an appeal or writ of error in behalf of the city, but no appeal or writ of error shall be taken without the consent of the City Council.

(5) He or she shall attend to all legal matters incident to the operation of the city’s Kings Highway Chain of Rocks Bridge. Departments, Boards and Other Organizations 21

(6) He or she shall attend all regular meetings of the City Council unless excused by the Mayor and, on request, all special meetings of the same.

(7) He or she shall also perform other professional services incident to his or her office as may be required by the City Council or the Mayor.

(B) The Corporation Counsel is hereby authorized, and it is made his or her duty, to attend any sale of property to enforce the collection of any tax or special assessment in which the city is interested, and in default of other bidders, to bid at the sale in behalf of the city, or the Corporation Counsel may, in his or her discretion, in default of bidders, withdraw from collection at the sale any special assessment or installment thereof levied by it on any lot, parcel of land or property subject to sale, but the withdrawal from collection shall not operate to cancel the assessment or impair the lien of the city and the assessment shall be and remain delinquent and payable at the office of the Municipal Collector or County Clerk, with all fees, costs, penalties, interest and charges that have accrued thereon, and the lot, parcel of land or property may be re-advertised and resold at any subsequent tax sale for the delinquent special assessments or installments thereof, as provided by statute. (Ord. 680, passed 5-5-1953)

§ 32.22 CITY ATTORNEY.

(A) (1) It shall be the duty of the City Attorney to act as the legal advisor of the city in all matters concerning the legal and business interests of the city, except as to such matters and duties as are imposed upon or appertain to the Office of Corporation Counsel, and furnish his or her written opinion upon questions of law when called upon to do so by the Mayor or the City Council. He or she shall keep a docket of all actions, suits or claims for or against the city, noting their progress and judgment therein.

(2) He or she shall, when his or her services are necessary, prosecute all suits brought in the name of the city before the Police Magistrate, any Justice of the Peace or other magistrate, for the recovery of any fine, forfeiture, penalty, demand or claim whatever, but he or she shall not be required to bring or prosecute any suit in any case when he or she and the court may be satisfied that the interests of the public or the city will not be subscribed thereby, or in any case where he or she and the court may be satisfied that the complaint is made maliciously, vexatiously or without probable cause. He or she shall defend the city in all actions or suits brought against it, or any of the officers thereof, in courts not of record wherein the rights, ordinances, orders or acts of the city are brought in question.

(3) It shall be his or her duty to draft all legal instruments which may be required by ordinance or otherwise, upon request so to do by the Mayor or the City Council. He or she shall cause executions to issue upon all judgments in favor of the city in courts not of record and cause the proper officer to attend to their prompt collection. He or she shall report to the Council or the Mayor all cases in which he or she shall deem it expedient to take an appeal on behalf of the city, but no appeal shall be taken without the consent of the Mayor or the City Council, and he or she shall prosecute and defend cases as may be appealed from courts not of record or any appellate court. 22 Madison - Administration

(4) (a) He or she shall co-operate with the Mayor and all officers of the city in the enforcement of the criminal laws of the state and the ordinances of the city.

(b) He or she shall attend all regular meetings of the City Council unless excused by the Mayor and, on request, all special meetings of the same.

(5) He or she shall also perform other professional services incident to his or her office, as may be required by the City Council or the Mayor.

(B) The City Attorney shall render aid or assistance to the Corporation Counsel in his or her performance of the duties of that office, as may be requested by the Mayor, City Council or the Corporation Counsel. (Ord. 680, passed 5-5-1953)

§ 32.23 REPORTS.

(A) The Corporation Counsel and the City Attorney shall each report to the City Council annually at its first regular meeting in May of each year, the status or disposition of all cases requiring their attention during the preceding fiscal year of the city in which the city was a party, and they shall each make other explanatory remarks and recommendations relative to other legal business of the city, as they may deem proper to the end that the Mayor and the City Council may be kept fully advised as to the legal affairs of the city.

(B) The City Council may at any time request a report from the Corporation Counsel or the City Attorney, in writing or otherwise, relative to any legal business of interest to the city, the status of any pending litigation in which the city is a party or is interested, and as to any other matter connected with the duties of their respective offices, and the report shall be furnished by the officer requested at the next regular meeting of the City Council following the request. (Ord. 680, passed 5-5-1953)

DEPARTMENT OF STREETS

§ 32.35 ESTABLISHMENT.

There is hereby created and established a department of the municipal government of the city, which shall be known as the Street Department and, until otherwise provided, shall consist of the Superintendent of Streets and other officers and employees as may be assigned thereto. (Ord. 551, passed 6-16-1942; Am. Ord. 576, passed 6-16-1942) Departments, Boards and Other Organizations 23

§ 32.36 CREATION OF OFFICES.

(A) There is hereby created the Office of Superintendent of Streets, an executive office of the city.

(B) The Superintendent of Streets shall be appointed by the Mayor, with the advice and consent of the City Council, annually, at the first regular meeting in May of each year, or as soon thereafter as convenient, and shall hold his or her office for the time as he or she may be appointed, not extending beyond the fiscal year of the city or until his or her successor has been appointed and has qualified. (Ord. 551, passed 6-16-1942; Am. Ord. 576, passed 6-16-1942)

§ 32.37 SUPERINTENDENT OF STREETS; BOND; DUTIES; SEWER RESPONSIBILITIES.

(A) Bond. The Superintendent of Streets, before entering upon the duties of the office, shall execute a bond to the city in the penal sum of $1,000 with good and sufficient surety to be approved by the City Council, conditioned for the faithful performance of the duties of the Office of Superintendent of Streets. The City Council shall have the power, at any time, to require additional bond and additional sureties.

(B) Duties. The Superintendent of Streets is hereby vested, under supervision of the Mayor and the Committee on Streets and Alleys, with the general charge of the streets, alleys and public grounds of the city. It is hereby made his or her duty to order the immediate removal of any article or thing whatever that may encumber any street, alley, sidewalk, street crossing or any public grounds, and if the article or thing is not removed within a reasonable time after verbal or written notice to the owner or possessor of the article or thing, or if the person cannot be found, the Superintendent shall remove the same at the cost of the owner or person and may prosecute the offender as otherwise provided by ordinance.

(1) (a) The Superintendent of Streets is hereby vested, under supervision of the Mayor and the Committee on Streets and Alleys, with the general charge of the sewers, drains, catch basins and the pumping station of the city, and the enforcement of all ordinances relating to sewers.

(b) He or she shall keep all sewers, gutters, catch basins and culverts open and in good repair and clear of all obstructions. He or she shall confer with and secure the concurrence of the Mayor and the Committee on Streets and Alleys before making any extensive repairs or improvements.

(2) The Superintendent of Streets shall make reports at the time as the City Council may deem necessary of all of his or her acts and doings in and about his or her work under his or her supervision and other matters and transactions as he or she may deem proper to make or the City Council may require. He or she shall make all other reports required by law and city ordinance.

(3) The Superintendent of Streets shall keep a full record or list of all the working tools or other property in his or her possession belonging to the city and shall be responsible for the safe-keeping 24 Madison - Administration of the same and shall deliver up to his or her successor in office or to the Council the record or list, tools and other property and shall take a receipt therefor, which receipt shall be filed in the office of the City Clerk.

(4) The Superintendent shall perform such other duties as designated from time to time by the Council.

(5) The Superintendent may be removed from office at any time by the Mayor or Council for failure to execute the duties of his or her office faithfully and accurately and for any violations of the provisions hereof, of city ordinance or of state law appertaining to the office. (Ord. 551, passed 6-16-1942; Am. Ord. 576, passed 6-16-1942; Am. Ord. 601, passed 5-13-1947)

§ 32.38 DISPOSITION OF PROPERTY.

Any article or thing which may be removed in accordance with the preceding section, may be advertised and sold within ten days unless the same shall be sooner redeemed by the owner or possessor on payment of all costs. Either the Superintendent of Streets or Chief of Police may make the sale and shall, after making the sale, pay the proceeds into the City Treasury, and furnish the Comptroller with a statement of the property sold and the amount received therefor; the balance if any, after deducting costs, shall be paid to any person furnishing to the Mayor satisfactory proofs of ownership of the property sold. (Ord. 551, passed 6-16-1942; Am. Ord. 576, passed 6-16-1942)

§ 32.39 BUILDING MATERIAL IN STREETS; PERMISSION.

(A) The Superintendent of Streets shall not grant permission to place or keep any building material in any part of the streets or alleys for a longer period than one month, except by consent of the Mayor, and the permit shall not authorize the obstruction of more than one-half of the street or sidewalk, except in cases of urgent necessity, and then only by special authority from the City Council.

(B) The permission shall be deemed void as to any person who shall extend the obstruction beyond the limitations described in the permit. (Ord. 551, passed 6-16-1942; Am. Ord. 576, passed 6-16-1942)

§ 32.40 MAINTENANCE AND REPAIR; PROTECTION.

(A) (1) The Superintendent of Streets shall keep the streets and crossings in good repair. He or she shall keep all sewers, gutters and culverts open and in repair, and shall keep weeds down along any street or sidewalk when necessary. Departments, Boards and Other Organizations 25

(2) This section shall not be construed to relieve the owner or occupant of premises in the city from keeping the weeds down and other obstructions off the sidewalk in front of his or her premises.

(B) (1) The Superintendent of Streets shall take special care to protect and preserve the public property and, upon the alarm of fire, he or she shall be prompt in his or her attendance and use such means as he or she deems best to preserve the sidewalks and other property from destruction.

(2) He or she shall see that the grades of streets, established by the city, are preserved and that no stone or other monument for perpetuating grades, corners or lines of any lot, street or sidewalk is removed from its established place.

(3) He or she shall remove and abate any nuisance that may exist at the cost of the party causing or suffering the same, if known, otherwise at the expense of the city.

(4) He or she shall report to the Mayor or Chief of Police all violations of the city ordinances that may come to his or her knowledge.

(C) When it shall be necessary, in grading or repairing any street or alley within the city, to remove the earth from any street or alley for the purpose, and it can be done without injury to the property adjoining, the Superintendent of Streets, under direction of the Committee on Streets and Alleys, is hereby authorized to cause the earth to be removed to a place as he or she may deem for the best interest of the city.

(D) (1) It shall be the duty of the Superintendent of Streets, under the direction of the Mayor and of the Committee on Streets and Alleys, to open and keep in good repair and clear of all obstructions, all streets, alleys, avenues and sidewalks in the city, superintend all repairs and improvements upon them ordered by the City Council or, in his or her judgment, necessary to be made.

(2) He or she shall confer with and secure the concurrence of the Mayor and the Committee on Streets and Alleys before making any extensive repairs or improvements. (Ord. 551, passed 6-16-1942; Am. Ord. 576, passed 6-16-1942)

§ 32.41 PAYMENT OF FUNDS TO CITY.

The Superintendent of Streets shall promptly pay over to the Comptroller money or funds belonging to the city as may come into his or her hands and shall make reports at the times as the City Council may deem necessary, of all his or her acts and doings in and about the work under his or her supervision and other transactions as he or she may deem proper to make or the City Council may require. He or she shall make all other reports required by law and the city ordinances. (Ord. 551, passed 6-16-1942; Am. Ord. 576, passed 6-16-1942) 26 Madison - Administration

§ 32.42 FULL RECORD TO BE KEPT.

The Superintendent of Streets shall keep a full record or list of all the working tools or other property in his or her possession belonging to the city, shall be responsible for the safe-keeping of the same, shall deliver up to his or her successor in office or to the Council the record or list of tools and other property and shall take a receipt therefor, which receipt shall be filed in the office of the City Clerk. (Ord. 551, passed 6-16-1942; Am. Ord. 576, passed 6-16-1942)

§ 32.43 EMPLOYMENT OF LABORERS.

The Superintendent may, by authority of the Mayor or of the City Council, employ a number of laborers, forepersons, trucks and vehicles as shall be necessary for the cleaning and repairing of the streets and alleys and performing and carrying out the duties of his or her office and at such prices as shall be fixed by the City Council. He or she shall oversee and direct the street laborers and workpersons and require them to labor faithfully and shall keep, in a suitable book, a correct account of their time. He or she shall also supervise all connections or private drains or sewers with the public sewers and shall see that the same are made in a manner that no injury is done to the public sewer. (Ord. 551, passed 6-16-1942; Am. Ord. 576, passed 6-16-1942)

§ 32.44 POWER OF ARREST.

The Superintendent of Streets shall have the power to arrest, without process, in the same manner as police officers, all persons who may be found violating any ordinance in relation to the streets, alleys, sidewalks, public grounds or public property. (Ord. 551, passed 6-16-1942; Am. Ord. 576, passed 6-16-1942)

§ 32.45 SUPERINTENDENT; REMOVAL FROM OFFICE.

The Superintendent of Streets may be removed from office at any time by the Mayor or by the City Council for failure to execute the duties of his or her office faithfully and accurately and for any violations of the provisions hereof or of any ordinances of the city or the statutes of the state appertaining to the office. (Ord. 551, passed 6-16-1942; Am. Ord. 576, passed 6-16-1942) Departments, Boards and Other Organizations 27

BOARD OF HEALTH

§ 32.60 MEMBERSHIP.

(A) There shall be and is hereby created in the city a Board of Health. The members of the Board of Health shall be the Mayor, City Health Officer, Assistant City Health Officer, Chairperson of the Health and Safety Committee of the City Council, the Chief of Police and the City Clerk, who shall be Secretary of the Board.

(B) (1) The City Health Officer and the Assistant City Health Officer shall be appointed by the Mayor, with the approval of the City Council, and shall receive compensation for the faithful performance of their duties as may from time to time be provided in the annual appropriation ordinance of the city.

(2) The Assistant City Health Officer shall have all the rights, power, duties and authority as is vested in the City Health Officer by this subchapter and all other ordinances of the city and, in addition thereto, shall faithfully perform all other duties with regard to the public health, safety and comfort as may from time to time be delegated and as assigned to him or her by the Mayor and/or the City Council. (Ord. 557, passed 8-25-1942; Am. Ord. 646, passed 2-13-1951)

§ 32.61 POWERS OF BOARD.

(A) The Board of Health shall have control over and prescribe rules and regulations concerning health, sanitation and food measures in the City of Madison, Illinois, and it shall be the duty of the Board of Health at all times to see that all business is conducted with due regard to the public health and comfort, and to request the revocation of any licenses which it may deem necessary for the proper preservation of the public health and comfort. It shall have and exercise general supervision over the sanitary condition of the city.

(B) The Board of Health shall enforce all the laws of the state and ordinances of the city in relation to the sanitary regulation of the city, and cause all nuisances to be abated with all reasonable promptness. And for the purpose of carrying out the foregoing requirements any member of the Board of Health shall be permitted to enter into any house, store or other building, or premises, in order to make a thorough examination of cellars, vaults, sinks or drains, and to cause floors to be raised, if the Board of Health shall deem it necessary; and to cause all dead animals or other nauseous and unwholesome things or substances to be buried or removed, or disposed of as the Board of Health may direct. (Ord. 557, passed 8-25-1942) 28 Madison - Administration

§ 32.62 NOTICE TO ABATE.

In order to carry out the provisions of the foregoing section, it shall be the duty of the City Health Officer to serve a notice upon the owner, occupant or agent of any lot, building or premises in or upon which any nuisance may be found, or who may be the owner or cause of such, require him or her to abate the same within reasonable time. It shall not be necessary in any case for the City Health Officer to specify in such notice the manner in which any nuisance shall be abated, unless he or she shall deem it advisable so to do; such notice may be served by any officer of the city, and if such owner, occupant or agent shall neglect or refuse to comply with such order within the time specified, he or she shall be subject to a fine of not less than $5 nor more than $50 for every such violation; and it shall be the duty of the City Health Officer, upon the expiration of the time specified in the notice, to cause such nuisance to be abated, whenever the owner, occupant or agent of the premises in or upon which any nuisance may be found is unknown or cannot be found, the City Health Officer shall proceed to abate the same without notice; and in either case the expense of such abatement shall be collected from the person or persons who may have created, continued and suffered such nuisance to exist. (Ord. 557, passed 8-25-1942)

§ 32.63 CONTAGIOUS DISEASES; REPORT AND REGULATIONS.

(A) The Board of Health or a majority of such Board shall have power, upon the appearance of smallpox, cholera or any other contagious disease, within the city limits, for the purpose of preventing the spread of any such disease, to close public or private schools; to prevent the assemblage of public meetings; to close any house to the public where such disease exists; to fence up the streets in the infected neighborhood; to provide regulations by which infected families may be provided with necessary supplies; to prevent the occupants of any house where such disease is located from going about the city, and to require such occupants to be kept and confined within their respective dwellings, or places of abode, or place to which they have been removed, so long as there is danger of transmitting the disease; to prevent physicians from visiting patients so infected, without taking necessary precaution to prevent the spread of the disease; to give notice, by placards, to the public, of the existence at any house of the disease, and to warn the public to avoid the same, and to provide a suitable place and cause any person so afflicted to be removed to the same.

(B) Every physician who shall visit or be called to visit any person in the city afflicted with smallpox, or any other contagious or infectious disease, shall forthwith report the same within eight hours, in writing, to the City Health Officer describing the locality of the patient, so that he or she may be easily found, and upon failure to do so, shall be fined not less than $5 nor more than $200.

(C) It shall be the duty of the City Health Officer receiving notice from any physician, or from any other person, that any person is afflicted with any contagious or infectious disease to immediately inform the Mayor thereof; it shall be the duty of the City Health Officer, upon receipt of such information from any source, to cause suitable notices with the name and kind of the disease printed or written thereon in large, plain letters, to be posted upon or near the building or place where such contagious or infectious Departments, Boards and Other Organizations 29 disease exists, in two conspicuous places and have such notices kept up during the prevalence of such disease. If any person or persons shall deface, alter, mutilate, destroy or tear down such notice, without permission of the City Health Officer, such person or persons shall be liable for each offense to pay a fine of not less than $5 nor more than $200; the occupant of any house upon which such notice shall be placed or posted, as aforesaid, shall be held responsible for the removal of the same, and if the same shall be removed without permission of the City Health Officer, such occupant shall be subject to a fine of not less than $5 nor more than $200, unless he or she shall notify the City Health Officer within 12 hours after such removal.

(D) All persons having smallpox, or any other contagious or infectious disease, whether residing within the city or not, are hereby forbidden and prohibited from going about within the city; nor shall any person who has been knowingly exposed to, or is afflicted with any such disease, be allowed to come into the city while in danger of spreading such disease, and whoever violates this section shall be fined not less than $5 nor more than $200.

(E) That it shall be the duty of each and every practicing physician in the city to report in writing to the City Health Officer the death of any of his patients who shall have died in the city of contagious or infectious disease within 24 hours thereafter, and to state in such report the specific name and type of such disease.

(F) It shall be the duty of each and every physician or other person to report to the City Health Officer immediately after he or she has discovered the same, the name and place of residence of any person in the city who is suffering from tuberculosis, smallpox, cholera, yellow fever, scarlet fever, diphtheria, membranous croup, or other contagious disease, also typhoid fever and cerebrospinal fever. (Ord. 557, passed 8-25-1942)

§ 32.64 RESISTANCE PROHIBITED.

Whoever shall oppose, or resist, or counsel, advise, aid, or abet any other person to oppose or resist any member of the Board of Health, or any officer of the city, in the discharge of his duty, in relation to the provisions of this subchapter or, whoever shall abet or encourage any violation hereof, shall upon conviction be deemed guilty of a misdemeanor, and be fined not less than $3 nor more than $200. (Ord. 557, passed 8-25-1942)

§ 32.65 BRINING DISEASED PERSONS INTO CITY.

It shall be unlawful for any person or persons to bring or cause to be brought into the city limits for any purpose whatever, any person or persons afflicted with smallpox or any other infectious or contagious disease. Whoever violates this section shall be fined not less than $10 nor more than $200. (Ord. 557, passed 8-25-1942) 30 Madison - Administration

§ 32.66 PREMISES TO BE CLEAN, DISINFECTED AND THE LIKE.

The Board of Health shall have power to cause any house or any premises to be cleaned, disinfected, or closed to visitors, and prevent persons from resorting thereto while any person is laboring under any pestilential or infectious disease; it may by an order in writing, direct any nuisance to be abated, or unwholesome matter or substance, dirt or filth to be removed from any house or premises, and may prescribe the time and mode of doing so, and take any measure it may deem necessary and proper to prevent the spread of any infectious pestilential or epidemic disease. (Ord. 557, passed 8-25-1942)

§ 32.67 VACCINATION.

The Board of Health may from time to time take such measures as they may deem necessary to prevent the spread of smallpox by issuing an order requiring all persons in the city, or any part thereof, to be vaccinated within such time as the Board shall prescribe, and all persons refusing or neglecting to obey such order, shall be fined in any sum not less than $3 nor more than $20 for each offense; provided, all persons showing a certificate of exemption from a qualified, practicing physician shall not be required to comply herewith. (Ord. 557, passed 8-25-1942)

§ 32.68 FUMIGATION.

The owner or keeper of any hotel, boarding house or lodging house, and the owner, agent of the owner and the lessee of any house, or part thereof, shall, whenever any person in such house is sick of fever, or of any infectious or pestilential or contagious disease and such sickness is known to such owner, keeper, agent or lessee, give immediate notice thereof to the City Health Officer, and thereupon the City Health Officer shall cause the same to be inspected, and may, if necessary, cause the same to be immediately cleansed or disinfected at the expense of the owner, in such manner as he or she may deem necessary and effectual; and he or she may also cause the blankets, bedding and bed clothes used by such sick person to be thoroughly cleansed, scoured and fumigated; or in extreme cases, to be destroyed. (Ord. 557, passed 8-25-1942)

§ 32.69 POLICE ASSISTANCE.

The Police Force of the city shall at all times serve notices and render all such services to the Board of Health as it may request, and shall report to the City Health Officer all nuisances it may detect and shall investigate all complaints of nuisances which may be reported to them, and report the same to the City Health Officer, if in their judgment they are nuisances. (Ord. 557, passed 8-25-1942) Departments, Boards and Other Organizations 31

§ 32.70 LETTING UNFIT BUILDINGS PROHIBITED.

(A) It shall be unlawful for any person, firm or corporation to lease, let, permit the occupancy of, or permit the continuation of the occupancy of any building or of any portion thereof used for human habitation, unless such building or structure or portion thereof be free from unclean and unsanitary conditions as defined in the subsequent sections of this subchapter, and unless the provisions of the subsequent sections are complied with.

(B) Any structure or building or any portion thereof used for human habitation shall be deemed to be in an unclean and unsanitary condition by reason of any portion of such building being infected with a communicable disease, or by reason of the absence therein or thereon of toilet facilities as required by laws or ordinance, or by reason of the known presence of sewer gas therein or thereon. Any structure or building or any portion thereof used for human habitation shall be deemed to be in an unclean and unsanitary condition when unfit for human habitation or in a condition dangerous or harmful to the lives or health of the occupants by reason of the inhabited portion of the house being damp or wet, or by reason of such lack of repair, or by reason of such accumulation of dirt, filth, litter, refuse or other offensive or dangerous substances or liquids, or by reason of such defects in or lack of repair of or improper use of the drainage, plumbing or ventilation, or by reason of the existence on the premises of such a nuisance or other condition as is likely to cause sickness among the occupants.

(C) Any structure or building or any portion thereof used for human habitation which is in an unclean condition is hereby declared to be a public nuisance.

(D) Whenever the Board of Health of the City of Madison ascertains from examination or reports or otherwise that a public nuisance exists as defined in divisions (A) and (B) above in or upon any structure or building or any portion thereof, and serves notice upon the owner of such house, or his lessee or agent; or the person in possession, charge, or control thereof, directing him to abate such nuisance and remove the unclean or unsanitary conditions within such reasonable time as may be fixed by the Board of Health and specified in the notice, it shall then be the duty of such owner, agent or person to abate such nuisance within such time.

(E) Whenever such abatement does not take place within such time, or whenever in the opinion of the Board of Health, such abatement is impossible or impracticable without an immediate vacation of the house or portion thereof, and the Board of Health serves notice upon the owner, lessee, agent or person in possession, charge, or control thereof to vacate or cause the vacation of such house or portion thereof designated in the notice, then it shall be the duty of such owner, lessee, agent or person to vacate or cause the vacation of such house or portion thereof within 20 days from date of the service of such notice, or within a shorter time (not less than 24 hours in any case) as may be specified in the notice.

(F) Whenever either in addition to or without the service of the notice the Board of Health is of the opinion that such nuisance can be abated by a tenant or other occupant of such house or portion thereof, and such notices, either for the abatement of the nuisance or vacation of the premises are served upon such tenant or other occupant, then it shall be the duty of such tenant or other occupant to comply with the terms of such notices and to abate the nuisance or vacate the premises accordingly. 32 Madison - Administration

(G) After any such notice or order of vacation it shall be unlawful to occupy or permit the occupancy of such premises or portion thereof until such nuisance shall have been completely abated and such building or portion thereof shall have been rendered clean and sanitary in accordance with the terms of the notice of the Board of Health. When there is no owner, agent, lessee or person in charge, possession or control who is a resident or can be served in the City of Madison, then personal service may be had by registered letter, or if the address of the owner, lessee, or person in charge or control be unknown or service has not been secured by registered letter after effort to do so, notice by publication once a week for two consecutive weeks in any newspaper of general circulation in the City of Madison or posting or attaching to or on the outside of the structure or building a copy of the notice or order consecutively for two weeks, shall have the same effect as service within the city. (Ord. 557, passed 8-25-1942)

§ 32.71 FILTH IN ALLEY; STREETS TO BE KEPT CLEAN.

(A) That no person or persons shall throw, place or deposit, or cause to be thrown, placed or deposited, any dung, carrion, dead animal, offal, or putrid or unwholesome substance, or the contents of any privy upon any street, alley or public grounds, or upon any lot within the limits of the city.

(B) That no swill, brine, urine of animals or other offensive animal substance, nor any stinking, noxious or other filthy matter of any kind shall by any person be allowed to run or fall from out of any building, vehicle or erection into or upon any street or public place, or be taken or put therein, save as elsewhere provided. (Ord. 557, passed 8-25-1942)

§ 32.72 OFFENSIVE TRADES AND BUSINESSES.

That no person shall permit or have any offensive water or other liquid or substance on his premises or grounds to the prejudice of life or health, whether for the use in any trade or otherwise; and no establishment or place of business for tanning, dressing hides or leathers or for carrying on any offensive or noisome trade or business, shall hereafter be opened, started or established in the city without a permit from the Council. And every such establishment now existing shall be kept clean or wholesome, and be so conducted in every particular as not to be offensive or prejudicial to life of health. (Ord. 557, passed 8-25-1942)

§ 32.73 NUISANCES.

That no part of the contents of or substances from any sink, privy, or cesspool, nor any manure, ashes, garbage, offal, rubbish, dirt, nor any refuse or waste or thing which, by its decomposition, could or would become offensive to human beings, or detrimental to health, or create or tend to create a nuisance, shall be by any person thrown, deposited or placed upon any street or public place, nor upon Departments, Boards and Other Organizations 33 any vacant lot of land, or vacant place upon the face of any land, within the city, whether such lot to enclosed or otherwise, without the written permission of the City Health Officer; nor shall any of the substances be allowed by any person to run or drop from the premises occupied by such person into or upon any street or public place, nor upon any vacant lot of land, or vacant place upon the surface of any lot of land in the city. (Ord. 557, passed 8-25-1942)

§ 32.74 STABLES.

That every person shall cause every stable and place where any cows, horses or other animals may be to be kept at all times in clean and wholesome condition, and shall not allow any animal to be therein while infected with any disease, contagious or pestilential, among such animals, without a permit from the City Health Officer. (Ord. 557, passed 8-25-1942)

§ 32.75 DRUGS.

It shall be unlawful for any person, firm or corporation to distribute or cause to be distributed from house to house in the city any free samples of drugs. (Ord. 557, passed 8-25-1942)

§ 32.76 UNWHOLESOME FOOD OR DRINKS.

(A) That no fruit, salted peanuts, cracked nuts of any kind, candy of any description, or any other article or foodstuff which may be used for human food without cooking shall be kept or exposed for sale on any street, or public place, or outside of any shop or store, or in the open windows or doorways thereof, unless they be kept covered so that they shall be protected from dust, dirt and flies.

(B) No person shall bring, keep on hand, sell, or expose for sale within the limits of the city any emaciated, decayed, tainted or unwholesome meat, fish, fowls, vegetables, fruit, butter or provisions of any kind, or any impure or adulterated milk, liquor, or other article of food or drink for human beings. (Ord. 557, passed 8-25-1942)

§ 32.77 EXPECTORATING ON SIDEWALK.

No person shall expectorate upon any of the sidewalks within the corporate limits of this city. Each separate violation of this section shall subject the offender to punishment therefor as hereinafter provided. (Ord. 557, passed 8-25-1942) 34 Madison - Administration

§ 32.78 PENALTY.

Any person, firm or corporation who shall within the jurisdictional limits of this city violate, disobey, resist, neglect or refuse to comply with any of the provisions, requirements or regulations in this subchapter contained, where no other penalty is provided, shall, upon conviction, be subject to a fine of not less than $3 nor more than $200 for each offense. (Ord. 557, passed 8-25-1942) CHAPTER 33: TAXATION

Section

General Provisions

33.01 Title 33.02 Scope 33.03 Definitions 33.04 Publication of tax ordinances 33.05 Local Tax Administrator

Procedures; Payment

33.15 Notices 33.16 Late payment; application 33.17 Certain credits and refunds 33.18 Audit procedure 33.19 Appeals 33.20 Hearings 33.21 Interest and penalties 33.22 Abatement 33.23 Installment contracts 33.24 Statute of limitations 33.25 Voluntary disclosure 33.26 Municipal Cannabis Retailers’ Occupation Tax

TIF Interested Parties Registry Registration Rules

33.40 Definitions 33.41 Establishment of registry 33.42 Maintenance of registry 33.43 Registration by residents 33.44 Registration by organizations 33.45 Determination of eligibility 33.46 Renewal and termination 33.47 Amendment to registration 33.48 Registries available for public inspection 33.49 Notices to be sent to interested parties 33.50 Non-interference 33.51 Amendment of registration rules

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GENERAL PROVISIONS

§ 33.01 TITLE.

This chapter shall be known as, and may be cited as, the “Locally Imposed and Administered Tax Rights and Responsibility Chapter.” (Ord. 1547, passed 2-27-2001)

§ 33.02 SCOPE.

The provisions of this chapter shall apply to the city’s procedures in connection with all of the city’s locally imposed and administered taxes. (Ord. 1547, passed 2-27-2001)

§ 33.03 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ACT. The Local Government Taxpayers’ Bill of Rights Act.

CITY. The City of Madison, Illinois.

CORPORATE AUTHORITIES. The city’s Mayor and City Council.

LOCAL TAX ADMINISTRATOR. The City Comptroller is charged with the administration and collection of the locally imposed and administered taxes, including staff, employees or agents to the extent they are authorized by the local tax administrator to act in the Local Tax Administrator’s stead. The Local Tax Administrator shall have the authority to implement the terms of this chapter to give full effect to this chapter. The exercise of the authority by the Local Tax Administrator shall not be inconsistent with this chapter and the Act.

LOCALLY IMPOSED AND ADMINISTERED TAX or TAX. Each tax imposed by the city that is collected or administered by the city not an agency or department of the state. It does not include any taxes imposed upon real property under the Property Tax Code or fees collected by the city other than infrastructure maintenance fees.

NOTICE. Each audit notice, collection notice or other similar notice or communication in connection with each of the city’s locally imposed and administered taxes.

TAX ORDINANCE. Each ordinance adopted by the city that imposes any locally imposed and administered tax.

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TAXPAYER. Any person required to pay any locally imposed and administered tax and generally includes the person upon whom the legal incidence of the tax is placed and with respect to consumer taxes includes the business or entity required to collect and pay the locally imposed and administered tax to the city. (Ord. 1547, passed 2-27-2001)

§ 33.04 PUBLICATION OF TAX ORDINANCES.

Any locally administered tax ordinance shall be published via normal or standard publishing requirements. The posting of a tax ordinance on the Internet shall satisfy the publication requirements. Copies of all tax ordinances shall be made available to the public upon request at the City Clerk’s office. (Ord. 1547, passed 2-27-2001)

§ 33.05 LOCAL TAX ADMINISTRATOR.

(A) The Local Tax Administrator shall establish an internal review procedure regarding any liens filed against any taxpayers for unpaid taxes. Upon a determination by the Local Tax Administrator that the lien is valid, the lien shall remain in full force and effect.

(B) If the lien is determined to be improper, the Local Tax Administrator shall:

(1) Timely remove the lien at the city’s expense;

(2) Correct the taxpayer’s credit record; and

(3) Correct any public disclosure of the improperly imposed lien. (Ord. 1547, passed 2-27-2001)

PROCEDURES; PAYMENT

§ 33.15 NOTICES.

(A) Unless otherwise provided, whenever notice is required to be given, the notice is to be in writing mailed not less than seven calendar days prior to the day fixed for any applicable hearing, audit or other scheduled act of the Local Tax Administrator.

(B) The notice shall be sent by the Local Tax Administrator as follows:

(1) First class or express mail, or overnight mail, addressed to the persons concerned at the person’s last known address; or

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(2) Personal service or delivery. (Ord. 1547, passed 2-27-2001)

§ 33.16 LATE PAYMENT; APPLICATION.

(A) Any notice, payment, remittance or other filing required to be made to the city pursuant to any tax ordinance shall be considered late unless it is:

(1) Physically received by the city on or before the due date; or

(2) Received in an envelope or other container displaying a valid, readable U.S. Postmark dated on or before the due date, properly addressed to the city, with adequate postage prepaid.

(B) Any payment or remittance received for a tax period shall be applied in the following order:

(1) First to the tax due for the applicable period;

(2) Second to the interest due for the applicable period; and

(3) Third to the penalty for the applicable period. (Ord. 1547, passed 2-27-2001)

§ 33.17 CERTAIN CREDITS AND REFUNDS.

(A) The city shall not refund or credit any taxes voluntarily paid without written protest at the time of payment in the event that a locally imposed and administered tax is declared invalidly enacted or unconstitutional by a court of competent jurisdiction. However, a taxpayer shall not be deemed to have paid the tax voluntarily if the taxpayer lacked knowledge of the facts upon which to protest the taxes at the time of payment or if the taxpayer paid the taxes under duress.

(B) The statute of limitations on a claim for credit or refund shall be two years after the end of the calendar year in which payment in error was made. The city shall not grant a credit or refund of locally imposed and administered taxes, interest or penalties to a person who has not paid the amounts directly to the city.

(C) The procedure for claiming a credit or refund of locally imposed and administered taxes, interest or penalties paid in error shall be as follows:

(1) The taxpayer shall submit to the Local Tax Administrator in writing a claim for credit or refund together with a statement specifying:

(a) The name of the locally imposed and administered tax subject to the claim;

2017 S-11 Taxation 39

(b) The tax period for the locally imposed and administered tax subject to the claim;

(d) The taxpayer’s recalculation, accompanied by an amended or revised tax return, in connection with the claim; and

(e) A request for either a refund or a credit in connection with the claim to be applied to the amount of tax, interest and penalties overpaid, and, as applicable, related interest on the amount overpaid; provided, however, that there shall be no refund and only a credit given in the event the taxpayer owes any monies to the city.

(2) Within ten days of the receipt by the Local Tax Administrator of any claim for a refund or credit, the Local Tax Administrator shall either:

(a) Grant the claim; or

(b) Deny the claim, in whole or in part, together with a statement as to the reason for the denial or the partial grant and denial.

(3) In the event the Local Tax Administrator grants, in whole or in part, a claim for refund or credit, the amount of the grant for refund or credit shall bear interest at the rate of 5% per annum, based on a year of 365 days and the number of days elapsed, from the date of the overpayment to the date of mailing of a refund check or the grant of a credit. (Ord. 1547, passed 2-27-2001)

§ 33.18 AUDIT PROCEDURE.

(A) Any request for proposed audit pursuant to any local administered tax shall comply with the notice requirements of this chapter.

(B) Each notice of audit shall contain the following information:

(1) The tax;

(2) The time period of the audit; and

(3) A brief description of the books and records to be made available for the Auditor.

(C) Any audit shall be conducted during normal business hours and if the date and time selected by the Local Tax Administrator is not agreeable to the taxpayer, another date and time may be requested by the taxpayer within 30 days after the originally designated audit and during normal business hours.

2017 S-11 40 Madison - Administration

(D) The taxpayer may request an extension of time to have an audit conducted. The audit shall be conducted no more than 30 days from the date the notice is given unless the taxpayer and the Local Tax Administrator agreed to some other convenient time. In the event taxpayer is unable to comply with the audit on the date in question, the taxpayer may request another date within the 30 days, approved in writing, that is convenient to the taxpayer and the Local Tax Administrator.

(E) Every taxpayer shall keep accurate books and records of the taxpayer’s business or activities, including original source documents and books of entry denoting the transactions which had given rise or may have given rise to any tax liability, exemption or deduction. All books shall be kept in the English language and shall be subject to and available for inspection by the city.

(F) It is the duty and responsibility of every taxpayer to make available its books and records for inspection by the city. If the taxpayer fails to provide the documents necessary for audit within the time provided, the Local Tax Administrator may issue a tax determination and assessment based on the Tax Administrator’s determination of the best estimate of the taxpayer’s tax liability.

(G) If an audit determines there has been an overpayment of a locally imposed and administered tax as a result of the audit, written notice of the amount of overpayment shall be given to the taxpayer within 30 days of the city’s determination of the amount of overpayment.

(H) In the event a tax payment was submitted to the incorrect local governmental entity, the Local Tax Administrator shall notify the local governmental entity imposing the tax. (Ord. 1547, passed 2-27-2001)

§ 33.19 APPEALS.

(A) The Local Tax Administrator shall send written notice to a taxpayer upon the Local Tax Administrator’s issuance of a protestable notice of tax due, a bill, a claim denial or a notice of claim reduction regarding any tax. The notice shall include the following information:

(1) The reason for the assessment;

(2) The amount of the tax liability proposed;

(3) The procedure for appealing the assessment; and

(4) The obligations of the city during the audit, appeal, refund and collection process.

(B) A taxpayer who receives written notice from the Local Tax Administrator of a determination of tax due or assessment may file with the Local Tax Administrator a written protest and petition for hearing, setting forth the basis of the taxpayer’s request for a hearing. The written protest and petition for hearing must be filed with the Local Tax Administrator within 45 days of receipt of the written notice of the tax determination and assessment. Taxation 41

(C) If a timely written notice and petition for hearing is filed, the Local Tax Administrator shall fix the time and place for hearing and shall give written notice to the taxpayer. The hearing shall be scheduled for a date within 30 days of receipt of the written protest and petition for hearing unless the taxpayer requests a later date convenient to all parties.

(D) If a written protest and petition for hearing is not filed within the 45-day period, the tax determination, audit or assessment shall become a final bill due and owing without further notice.

(E) Upon the showing of reasonable cause by the taxpayer and the full payment of the contested tax liability along with interest accrued as of the due date of the tax, the Local Tax Administrator may reopen or extend the time for filing a written protest and petition for hearing. In no event shall the time for filing a written protest and petition for hearing be reopened or extended for more than 90 days after the expiration of the 45-day period. (Ord. 1547, passed 2-27-2001)

§ 33.20 HEARINGS.

(A) Whenever a taxpayer or a tax collector has filed a timely written protest and petition for hearing under § 33.19 above, the Local Tax Administrator shall conduct a hearing regarding any appeal.

(B) No continuances shall be granted, except in cases where a continuance is absolutely necessary to protect the rights of the taxpayer. Lack of preparation shall not be grounds for a continuance. Any continuance granted shall not exceed 14 days.

(C) At the hearing, the Local Tax Administrator shall preside and shall hear testimony and accept any evidence relevant to the tax determination, audit or assessment. The strict rules of evidence applicable to judicial proceedings shall not apply.

(D) At the conclusion of the hearing, the Local Tax Administrator shall make a written determination on the basis of the evidence presented at the hearing. The taxpayer or tax collector shall be provided with a copy of the written decision. (Ord. 1547, passed 2-27-2001)

§ 33.21 INTEREST AND PENALTIES.

In the event a determination has been made that a tax is due and owing, through audit, assessment or other bill sent, the tax must be paid within the time frame otherwise indicated.

(A) Interest. The city hereby provides for the amount of interest to be assessed on a late payment, underpayment or nonpayment of the tax, to be 9% per annum, based on a year of 365 days and the number of days elapsed. 42 Madison - Administration

(B) Late filing and payment penalties. If a tax return is not filed within the time and manner provided by the controlling tax ordinance, a late filing penalty of 5% of the amount of tax required to be shown as due on a return shall be imposed and a late payment penalty of 5% of the tax due shall be imposed. If no return is filed within the time or manner provided by the controlling tax ordinance and prior to the city issuing a notice of tax delinquency or notice of tax liability, then a failure to file penalty shall be assessed equal to 25% of the total tax due for the applicable reporting period for which the return was required to be filed. A late filing or payment penalty shall not apply if a failure to file penalty is imposed by the controlling ordinance. (Ord. 1547, passed 2-27-2001)

§ 33.22 ABATEMENT.

The Local Tax Administrator shall have the authority to waive or abate any late filing penalty, late payment penalty or failure to file penalty if the Local Tax Administrator shall determine reasonable cause exists for delay or failure to make a filing. (Ord. 1547, passed 2-27-2001)

§ 33.23 INSTALLMENT CONTRACTS.

The city may enter into an installment contract with the taxpayer for the payment of taxes under the controlling tax ordinance. The Local Tax Administrator may not cancel any installment contract so entered unless the taxpayer fails to pay any amount due and owing. Upon written notice by the Local Tax Administrator that the payment is 30 days delinquent, the taxpayer shall have 14 working days to cure any delinquency. If the taxpayer fails to cure the delinquency within the 14-day period or fails to demonstrate good faith in restructuring the installment contract with the Local Administrator, the installment contract shall be canceled without further notice to the taxpayer. (Ord. 1547, passed 2-27-2001)

§ 33.24 STATUTE OF LIMITATIONS.

(A) The city, through the Local Tax Administrator, shall review all tax returns in a prompt and timely manner and inform taxpayers of any amounts due and owing.

(B) The taxpayer shall have 45 days after receiving notice of the reviewed tax returns to make any request for refund or provide any tax still due and owing.

(1) No determination of tax due and owing may be issued more than four years after the end of the calendar year for which the return for the applicable period was filed or for the calendar year in which the return for the applicable period was due, whichever occurs later. Taxation 43

(2) If any tax return is not filed or if during any four-year period for which a notice of tax determination or assessment may be issued by the city, the tax paid was less than 75% of the tax due, the statute of limitations shall be six years maximum after the end of the calendar year in which return for the applicable period was due or end of the calendar year in which the return for the applicable period was filed.

(3) No statute of limitations shall apply if a fraudulent tax return was filed by the taxpayer. (Ord. 1547, passed 2-27-2001)

§ 33.25 VOLUNTARY DISCLOSURE.

(A) For any locally imposed and administered tax for which a taxpayer has not received a written notice of an audit, investigation or assessment from the Local Tax Administrator, a taxpayer is entitled to file an application with the Local Tax Administrator for a voluntary disclosure of the tax due. A taxpayer filing a voluntary disclosure application must agree to pay the amount of tax due, along with interest of 1% per month, for all periods prior to the filing of the application, but not more than four years before the date of filing the application. A taxpayer filing a valid voluntary disclosure application may not be liable for any additional tax, interest, or penalty for any period before the date the application was filed. However, if the taxpayer incorrectly determined and underpaid the amount of tax due, the taxpayer is liable for the underpaid tax along with applicable interest on the underpaid tax, unless the underpayment was the result of fraud on the part of the taxpayer, in which case the application shall be deemed invalid and void. The payment of tax and interest must be made by no later than 90 days after the filing of the voluntary disclosure application or the date agreed to by the Local Tax Administrator.

(B) However, any additional amounts owed as a result of an underpayment of tax and interest previously paid under this section must be paid within 90 days after a final determination and the exhaustion of all appeals of the additional amount owed or the date agreed to by the Local Tax Administrator, whichever is longer. (Ord. 1547, passed 2-27-2001)

§ 33.26 MUNICIPAL CANNABIS RETAILERS’ OCCUPATION TAX.

(A) A tax is imposed upon all persons and businesses engaged in the business of selling cannabis, other than cannabis purchased under the Compassionate Use of Medical Cannabis Pilot Program Act, at retail in the city at the rate of 3% of the gross receipts from these sales made in the course of that business.

(B) The imposition of this tax is in accordance with the provisions of ILCS Ch. 65, Act 5, § 8-11-22.

2021 S-13 44 Madison - Administration

(C) The tax imposed by this section shall be remitted by such retailer to the Illinois Department of Revenue. Any tax required to be collected pursuant to or as authorized by this section and any such tax collected by such retailer and required to be remitted to the Department of Revenue shall constitute a debt owed by the retailer to the State of Illinois. Retailers may reimburse themselves for their seller's tax liability hereunder by separately stating that tax as an additional charge, which charge may be stated in combination, in a single amount, with any state tax that sellers are required to collect.

(D) The taxes hereby imposed and all civil penalties that may be assessed as an incident thereto, shall be collected and enforced by the Illinois Department of Revenue. The Illinois Department of Revenue shall have full power to administer and enforce the provisions of this section. (Ord. 1841, passed 1-7-2020)

TIF INTERESTED PARTIES REGISTRY REGISTRATION RULES

§ 33.40 DEFINITIONS.

As used in this subchapter, the following terms shall have the definitions set forth below.

ACT. The Tax Increment Allocation Redevelopment Act ILCS Ch. 65, Act 5, §§ 11-74.4-1 et seq. as amended from time to time.

CITY. The City of Madison, Illinois.

INTERESTED PARTY[IES]. Shall mean:

(1) Any organization(s) active within the city;

(2) Any resident(s) of the city; and

(3) Any other entity or person otherwise entitled under the Act to register in a specific registry who has registered in such registry and whose registration has not been terminated in accordance with these registration rules.

REDEVELOPMENT PROJECT AREA. A redevelopment project area that:

(1) Is intended to qualify (or has subsequently qualified) as a "redevelopment project area" under the Act; and

(2) Is subject to the "interested parties" registry requirements of the Act.

2021 S-13 Taxation 44A

REGISTRATION FORM. The form appended to these registration rules or such revised form as may be approved by the city consistent with the requirements of the Act.

REGISTRY or REGISTRIES. Each interested parties registry, and all such registries, collectively, established by the city pursuant to ILCS Ch. 65, Act 5, § 11-74.4-4.2 of the Act for the redevelopment project area. (Ord. 1781, passed 9-22-2015)

§ 33.41 ESTABLISHMENT OF REGISTRY.

The city shall establish a separate interested parties registry for each redevelopment project area, whether existing as of the date of the adoption of these rules or hereafter established. The city shall establish a new registry whenever it has identified an area for study and possible designation as a redevelopment project area. In any event the process of establishing the new registry must be completed prior to the deadline for sending any of the notices required by § 33.49 of this subchapter or any other notices required by the Act with respect to the proposed redevelopment project area. (Ord. 1781, passed 9-22-2015)

§ 33.42 MAINTENANCE OF REGISTRY.

The registries shall be maintained by the City Clerk or his or her designee. In the event the city determines that someone other than the City Clerk should maintain the registries, the city may transfer the responsibility for maintaining the registries to such other Department provided that the city:

(A) Gives prior written notice to all interested parties not less than 30 days prior to such transfer; and

(B) Publishes notice of such transfer in a newspaper of general circulation in the city. (Ord. 1781, passed 9-22-2015)

§ 33.43 REGISTRATION BY RESIDENTS.

An individual seeking to register as an interested party with respect to a redevelopment project area must complete and submit a registration form to the City Clerk. Such individual must also submit a copy of a current driver's license, lease, utility bill, financial statement or such other evidence as may be acceptable to the Clerk to establish the individual's current city residency. (Ord. 1781, passed 9-22-2015)

2021 S-13 44B Madison - Administration

§ 33.44 REGISTRATION BY ORGANIZATIONS.

An organization seeking to register as an interested party with respect to a redevelopment project area must complete and submit a registration form to the City Clerk. Such organization must also submit a copy of a one-page statement describing the organization's current operations in the city. (Ord. 1781, passed 9-22-2015)

§ 33.45 DETERMINATION OF ELIGIBILITY.

All individuals and organizations whose registration form and supporting documentation complies with these registration rules shall be registered in the applicable registry within ten business days of the City Clerk's receipt of all such documents. The City Clerk shall provide written notice to the registrant confirming such registration. Upon registration, interested parties shall be entitled to receive all notices and documents required to be delivered under these rules or as otherwise required under the Act with respect to the applicable redevelopment project area. If the City Clerk determines that a registrant's registration form and/or supporting documentation is incomplete or does not comply with these registration rules, the City Clerk shall give written notice to the registrant specifying the defect(s). The registrant shall be entitled to correct any defects and resubmit a new registration form and supporting documentation. (Ord. 1781, passed 9-22-2015)

§ 33.46 RENEWAL AND TERMINATION.

An interested party's registration shall remain effective for a period of three years. At any time after such three year period the City Clerk shall provide written notice by regular mail to the interested party stating that such registration shall terminate unless the interested party renews such registration within 30 days of the City Clerk's mailing of written notice. To renew such registration, the interested party shall, within such 30 day period, complete and submit the same registration form and supporting documentation then required of initial registrants in order to permit the City Clerk to confirm such party's residency or such organization's operations in the city. The registration of all individuals and organizations whose registration form and supporting documentation is submitted in a timely manner and complies with these regulation rules shall be renewed for an additional, consecutive three year period. If the City Clerk determines that a registrant's renewal registration form and/or supporting documentation is incomplete or does not comply with these registration rules, the City Clerk shall give written notice to the registrant at the address specified in the renewal registration form submitted by such registrant, specifying the defect(s). The registrant shall be entitled to correct any defects and resubmit a new registration form and supporting documentation within 30 days of receipt of the City Clerk's notice. If all defects are not corrected within 30 days of the interested party's receipt of the City Clerk's notice, the interested party's registration shall be terminated. Any interested party whose registration is terminated shall be entitled to register again as if a first-time registrant. (Ord. 1781, passed 9-22-2015)

2021 S-13 Taxation 44C

§ 33.47 AMENDMENT TO REGISTRATION.

(A) An interested party may amend its registration by giving written notice to the City Clerk by certified mail of any of the following:

(1) A change in address for notice purposes;

(2) In the case of organizations, a change in the name of the contact person; or

(3) A termination of registration.

(B) Upon receipt of such notice, the City Clerk shall revise the applicable registry accordingly. (Ord. 1781, passed 9-22-2015)

§ 33.48 REGISTRIES AVAILABLE FOR PUBLIC INSPECTION.

Each registry shall be available for public inspection during normal city business hours. The registry shall include the name, address and telephone number of each interested party and for organizations, the name and phone number of a designated contact person. (Ord. 1781, passed 9-22-2015)

§ 33.49 NOTICES TO BE SENT TO INTERESTED PARTIES.

Interested parties shall be sent the following notices and any other notices required under the Act with respect to the applicable redevelopment project area:

(A) Pursuant to ILCS Ch. 65, Act 5, § 74-4-5(a) of the Act, notice of the availability of a proposed redevelopment plan and eligibility report, including how to obtain this information, such notice shall be sent by mail within a reasonable period of time after the adoption of the ordinance fixing the public hearing for the proposed redevelopment plan.

(B) Pursuant to ILCS Ch. 65, Act 5, § 74-4.5(a) of the Act, notice of changes to proposed redevelopment plans that do not:

(1) Add additional parcels of property to the proposed redevelopment project area;

(2) Substantially affect the general land uses proposed in the redevelopment plan;

(3) Substantially change the nature of or extend the life of the redevelopment project; or

2021 S-13 44D Madison - Administration

(4) Increase the number of low or very low income households to be displaced from the redevelopment project area, provided that measured from the time of creation of the redevelopment project area the total displacement of households will exceed ten; such notice shall be sent by mail not later than ten days following the city's adoption by ordinance of such changes.

(C) Pursuant to ILCS Ch. 65, Act 5, § 74-4-5(c) of the Act, notice of amendments to previously approved redevelopment plans that do not:

(1) Add additional parcels of property to the redevelopment project area;

(2) Substantially affect the general land uses in the redevelopment plan;

(3) Substantially change the nature of the redevelopment project;

(4) Increase the total estimated redevelopment project costs set out in the redevelopment plan by more than 5% after adjustment for inflation from the date the plan was adopted;

(5) Add additional redevelopment project costs to the itemized list of redevelopment project costs set out in the redevelopment plan; or

(6) Increase the number of low or very low income households to be displaced from the redevelopment project area, provided that measured from the time of creation of the redevelopment project area the total displacement of households will exceed ten; such notice shall be sent by mail not later than ten days following the city's adoption by ordinance of any such amendment.

(D) Pursuant to ILCS Ch. 65, Act 5, § 74.4-5(d)(9) of the Act for redevelopment plans or projects that would result in the displacement of residents from ten or more inhabited residential units or that contain 75 or more inhabited residential units, notice of the availability of the annual report described by ILCS Ch. 65, Act 5, § 74.4-5(d), including how to obtain the annual report; such notice shall be sent by mail within a reasonable period of time after completion of the certified audit report.

(E) Pursuant to ILCS Ch. 65, Act 5, § 74.4-6(e) of the Act, notice of the preliminary public meeting required under the Act for a proposed redevelopment project area that will result in the displacement of ten or more inhabited residential units or which will contain 75 or more inhabited residential units, such notice shall be sent by certified mail not less than 15 days before the date of such preliminary public meeting. (Ord. 1781, passed 9-22-2015)

2021 S-13 Taxation 44E

§ 33.50 NON-INTERFERENCE.

These registration rules shall not be used to prohibit or otherwise interfere with the ability of eligible organizations and individuals to register for receipt of information to which they are entitled under the Act. (Ord. 1781, passed 9-22-2015)

§ 33.51 AMENDMENT OF REGISTRATION RULES.

These registration rules may be amended by the city subject to and consistent with the requirements of the Act. (Ord. 1781, passed 9-22-2015)

2021 S-13 44F Madison - Administration CHAPTER 34: FIRE DEPARTMENT

Section

General Establishment Provisions

34.01 Establishment 34.02 Personnel 34.03 Compensation 34.04 Physical fitness 34.05 Officers 34.06 Duties of Fire Chief 34.07 Apparatus and equipment 34.08 Voluntary termination 34.09 Suspension or involuntary discharge 34.10 Emergencies or disasters

Rules and Regulations

34.20 General standards 34.21 Definitions 34.22 Members; acquaintance with rules 34.23 Weekly work schedules 34.24 Residency 34.25 Department property 34.26 Qualifications and requirements 34.27 Rank; structure and guidelines 34.28 Chief and officers; duties 34.29 Duty to report 34.30 Violations 34.31 Equipment and driving 34.32 Response to calls 34.33 Hours of duty 34.34 Prohibited activities 34.35 Turnout gear and lockers Cross-reference: Fire Code; Prevention, see Ch. 93 Fire Station Recreation Area, see Ch. 96

45 2008 S-6 46 Madison - Administration

GENERAL ESTABLISHMENT PROVISIONS

§ 34.01 ESTABLISHMENT.

There is hereby established and created a department of the city which shall be known as the Madison Fire Department, hereinafter referred to as “Department.” (Ord. 1110, passed 2-24-1987)

§ 34.02 PERSONNEL.

(A) The personnel of the Department, who shall be called firefighters or cadets, shall consist solely of volunteers who are 18 years of age or older.

(B) No volunteer shall be placed or remain upon the rolls of the Department as a firefighter or cadet during the year which begins at the first regular City Council meeting in May and ends at the first regular City Council meeting in May of the following year, even though he or she has been accepted in the preceding year as a volunteer, until he or she has been appointed as such by the Mayor, subject to the approval of the City Council at the first regular City Council meeting in May of that year or when city appointments are made, or at other times thereafter during that year as vacancies occur in the Department.

(D) The Department shall have a maximum volunteer force of 30 firefighters and ten cadets, trainee firefighters, at any one time. (Ord. 1110, passed 2-24-1987)

§ 34.03 COMPENSATION.

Firefighters, including officers of the Department, shall receive compensation as shall be determined by ordinance from time to time or in the city’s annual appropriation ordinance. (Ord. 1110, passed 2-24-1987)

§ 34.04 PHYSICAL FITNESS.

(A) Each person accepted as a firefighter or cadet shall be physically capable of carrying out the duties of a firefighter and shall submit to a physical examination to determine his or her physical fitness upon the orders of the Mayor, with the approval of the City Council. The physical examination shall be at the expense of the city and shall be made by a doctor selected by the city. Fire Department 47

(B) Any firefighter or cadet directed to undergo a physical fitness examination shall be temporarily suspended from active duty as a firefighter or cadet, as the case may be, immediately upon receipt of the orders until the examination is had and a favorable result had from the examination. The examination shall be held within a reasonable time of the suspension. (Ord. 1110, passed 2-24-1987)

§ 34.05 OFFICERS.

(A) From the firefighters of the Fire Department, there shall be appointed a Fire Chief, who shall be the head of and in full charge of the Department, an Assistant Fire Chief, a Captain and a Lieutenant. The appointment of the Fire Chief, Assistant Fire Chief, Captain and Lieutenant shall be made annually at the first regular City Council meeting in May or the City Council meeting at which city appointments are made, and thereafter as needed in the ensuing year by the Mayor subject to approval by the City Council.

(B) The Fire Department may submit its recommendation for Fire Chief, Assistant Fire Chief, a Captain and a Lieutenant to the Mayor prior to May 1 of each year, with the understanding that the Mayor is not bound by the recommendation. (Ord. 1110, passed 2-24-1987)

§ 34.06 DUTIES OF FIRE CHIEF.

(A) The Fire Chief shall, at all times, have full control and command over all the personnel of the Department, all of the fire apparatus and equipment belonging to the city and their usage in accomplishing the objectives of the Department.

(B) In addition, he or she shall formulate and establish a set of administrative rules and regulations entitled, “General Rules and Regulations for the Madison Fire Department,” to govern or control the Department and promote the efficiency and usefulness of the Department’s personnel, which rules and regulations shall be approved by the Mayor and City Council before they shall become effective. (Ord. 1110, passed 2-24-1987)

§ 34.07 APPARATUS AND EQUIPMENT.

The Mayor and City Council shall determine, with the advice and counsel of the Fire Chief, the amount, type and size of all fire apparatus and equipment comprising the Department, and shall purchase, repair or replace any and all fire apparatus and equipment and accessories they deem necessary, as provided by state law. (Ord. 1110, passed 2-24-1987) 48 Madison - Administration

§ 34.08 VOLUNTARY TERMINATION.

Any firefighter or cadet may, upon 15-days written notice to the Fire Chief, have his or her name removed from the rolls of the Department and thereby terminate his or her voluntary service to the Department. (Ord. 1110, passed 2-24-1987)

§ 34.09 SUSPENSION OR INVOLUNTARY DISCHARGE.

The Fire Chief shall have the power to suspend without pay any firefighter or cadet of the Department for a period of not more than 30 days, but he or she shall immediately notify in writing the Mayor of the suspension. Any firefighter or cadet so suspended may appeal, in writing, to the Mayor and City Council through the City Clerk within 72 hours after the suspension for a hearing thereon. After the hearing on the appeal, the Mayor and City Council may sustain the action of the Fire Chief, may reverse the action of the Fire Chief in whole or in part, may suspend the firefighter or cadet for an additional period of time certain or may terminate him or her, depending on the facts of the case. (Ord. 1110, passed 2-24-1987)

§ 34.10 EMERGENCIES OR DISASTERS.

The Fire Chief shall have the authority in all emergencies and disasters to accept assistance from volunteers who are not regularly enrolled firefighters or qualified. (Ord. 1110, passed 2-24-1987)

RULES AND REGULATIONS

§ 34.20 GENERAL STANDARDS.

The general rules and regulations for the Madison, Illinois Municipal Fire Department are not meant to cover all behavior, conduct or actions by members of the Department. As members of the Department, we are perceived by the citizens of the city as protectors of life and property and shall be governed by the laws of the State of Illinois and the United States of America, and in certain situations be held to higher standards. (Ord. 1700, passed 3-4-2008)

§ 34.21 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

2008 S-6 Fire Department 49

ACTING CHIEF. The senior officer who is acting as Chief of the Department in the Chief's Absence. This shall be determined by the command structure as outlined in this subchapter.

CALLS. Any incident in which dispatched including alarms, rescues, extrications and all fires. These shall occasionally be referred to as incidents or runs.

CHIEF. The Fire Chief of the city who is the senior officer of the Department and who at all times shall have full control and command over all of the personnel, apparatus, station house and all equipment owned and operated by the Department and their usage in accomplishing objectives set forth by the city and its citizens.

CITY. The City of Madison Illinois, the Mayor’s office and City Council.

COMMAND STRUCTURE. Descending from Chief to Lieutenant:

(1) Fire Chief;

(2) Assistant Fire Chief;

(3) Captain; and,

(4) Lieutenant.

DEPARTMENT. The Fire Department of the city.

DUTY. When a member reports for training, work detail, night duty or any emergency incident as dispatched.

ESSENTIALS TRAINING. Training set forth by the Illinois State Fire Marshal’s Office. This training shall be from the most recent and current text recognized by the OSFM's current Firefighter II Certification text book/CD. Training shall include the following:

(1) Fire Department organization;

(2) Command and control;

(3) Communications and alarms;

(4) Fire behavior;

(5) Firefighter safety;

(6) Personal protective equipment;

(7) Self-contained breathing apparatus;

2008 S-6 50 Madison - Administration

(8) Portable fire extinguishers;

(9) Water supply;

(10) Fire hose and appliances;

(11) Nozzles, fire streams and foam;

(12) Sprinklers;

(13) Ladders;

(14) Building construction;

(15) Ropes and knots;

(16) Forcible entry;

(17) Rescue procedures;

(18) Ventilation;

(19) Fire suppression;

(20) Salvage and overhaul;

(21) Fire prevention and pre-incident planning;

(22) Emergency medical services;

(23) Firefighter survival;

(24) Terrorism awareness; and,

(25) Haz Mat recognition and identification.

MANDATORY TRAINING. Training set forth by state or federal law including:

(1) Haz Mat awareness refresher or training;

(2) Blood-borne pathogens;

(3) CPR;

(4) SCBA face mask fit test;

2008 S-6 Fire Department 51

(5) Physical test; and,

(6) First-responder EMS.

MEMBER. Any officer, firefighter or probationary firefighter who has been accepted and placed on the roster by the city.

NECESSARY TRAINING. Any training mandated by the city in order for the Department to function professionally. This training may include:

(1) Sexual harassment;

(2) Cultural diversity;

(3) Methamphetamines awareness; and/or,

(4) Certain safety classes not required by OSHA, I.D.O.L., or O.S.F.M.

OFFICER IN CHARGE. The most senior officer on scene unless command bad been relinquished by the officer in charge to a junior officer or member.

PERSONAL EQUIPMENT. Equipment issued to any member by the Department, including pager, charger, hand-held portable and any other equipment issued by the Department not listed.

RANKING OFFICER. The most senior officer on duty.

STATION HOUSE. The Fire Department building located at 1800 Third Street, Madison, Illinois.

TURNOUT GEAR. The Department-issued coat, pants, helmet, nomex hood, gloves, boots and SCBA mask.

UNIFORM. The Department-issued shirt, trousers, breast badge, collar insignias, wallet badge and Class A uniform if issued. (Ord. 1700, passed 3-4-2008)

§ 34.22 MEMBERS; ACQUAINTANCE WITH RULES.

(A) It shall be the duty of every member to acquaint themselves with all regulations brought forth in §§ 34.20 through 34.35. Lack of knowledge of these rules and regulations will not be acceptable and will not relieve any member of penalties for violation(s) of any Department rule or order.

(B) Every member of the Department should understand that these rules and regulations are not intended to cover every case which may arise in the discharge of their duties; some things shall be left to their intelligence and discretion.

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(C) In the matter of general conduct not within the scope of the Department rules and regulations, a member shall be governed by the ordinary rules of good behavior by law abiding citizens.

(D) Whenever there is doubt as to the interpretation of any rule or regulation, application shall be made to the Chief for an interpretation of the document.

(E) Each member shall keep his or her copy of the rules and regulations in good condition and may occasionally be called upon by the Chief or other officer of the Department for inspection of the same.

(F) Upon termination, resignation or retirement, the member who possesses these rules and regulations shall surrender the document to the Chief or other officer of the Department.

(G) SOGs will be written, posted, read and signed by all members upon issuance. It will be the responsibility of each member to add such orders to their Department-issued binders. Such rules and regulations and SOGs shall be made readily available for inspection by the Chief or designee.

(H) The Chief at times will make additions or modifications to the rules and regulations and reserves the right and duty to do so without the authorization of the Mayor and City Council. (Ord. 1700, passed 3-4-2008)

§ 34.23 WEEKLY WORK SCHEDULES.

(A) All members will furnish their weekly work schedule or any subsequent changes for their regular employment to the Chief in writing within two days of receiving knowledge of the same.

(B) All members will notify an officer of the Department if they are going to be out of town for a period of 24 hours or longer. Notification must be made prior to such departure and can be made by phone or in writing. (Ord. 1700, passed 3-4-2008)

§ 34.24 RESIDENCY.

A member of the Department who changes place of residency or telephone number whether listed or unlisted shall make a report in writing to the Chief within 24 hours of such change taking effect. (Ord. 1700, passed 3-4-2008)

§ 34.25 DEPARTMENT PROPERTY.

A member of the Department upon resignation, termination or retirement shall immediately surrender all property of the Department to the Chief or equipment officer. Each member understands that failure to do so may result in charges being filed within state law for theft. (Ord. 1700, passed 3-4-2008)

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§ 34.26 QUALIFICATIONS AND REQUIREMENTS.

(A) In order to uphold the safety of the citizens, the city has agreed to allow nonresidents to apply and possibly be appointed as members of the Fire Department. The city agrees that any person who applies and is appointed shall reside within a seven-mile radius of the station house located at 1800 Third Street. Any person who is appointed shall have already received training and certification of at least Firefighter II as outlined by the Illinois Office of the State Fire Marshal or its equivalency. The requirements will be:

(1) At least 18 years of age;

(2) Valid driver's license;

(3) Pass criminal background check;

(4) Firefighter II or its equivalency;

(5) Pass physical examination to include narcotics test;

(6) CPR/AED certified; and,

(7) Reside within a seven-mile radius of the station house to exclude the state of Missouri.

(B) Every member of the Department shall conform promptly to all orders, rules and regulations and obey all orders, whether written or oral. Obedience to these orders shall be prompt, implicit, unchallenged and unequivocal.

(C) All members within their first year of service shall receive training and maintain certification in the following: CPR, blood-borne pathogens, hazardous materials awareness, and automatic external defibrillator (AED).

(D) All members within two years of the passage of these rules and regulations shall receive training and certification in Firefighter II training as mandated by the current training and certification standards set forth by the Illinois Office of the State Fire Marshal. Such training will be paid for by the city. If in any case the member is dropped, quits or does not pass the certification, they shall reimburse the city for the costs of the modules and books.

(E) Any member who is currently certified as a Firefighter II by the Illinois Office of the State Fire Marshal shall make an effort to maintain such standing and continue to maintain training in areas added by the OSFM.

(F) All applicants for membership shall be 18 years of age or older at the time of application. All applications will be reviewed by the Chief and a criminal background check shall be made by the Police Department. Only after such check is made shall the application be made to the Mayor and City Council for appointment to the Department.

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(G) Certain immediate disqualifying charges and or convictions of state law will be:

(1) Any drug related arrest or conviction;

(2) Domestic violence;

(3) Weapons offenses; and,

(4) Criminal sexual assault/abuse.

(H) Prior to becoming a member of the Department, the applicant will pass a physical examination by a physician currently used by the city. The cost of the examination will be paid for by the city.

(I) All members shall attend all trainings, meetings, special meetings, work details or special details unless excused by the Chief or an officer of the department. (Obviously work schedules play a large part in not being able to attend these events which is why a work schedule furnished to the Chief is important and shall act as an excused absence.) Any member who has a combined six unexcused absences within the calendar year shall be considered for dismissal from the Department by the Chief. Such recommendation will be made by the Chief to the City Council. (Ord. 1700, passed 3-4-2008)

§ 34.27 RANK; STRUCTURE AND GUIDELINES.

(A) To be promoted within the Department, each member will successfully pass a test on firefighting related skills in the presence of a majority of the officers of the Department. Each member shall be provided a qualifications sheet for the skills and training needed to obtain such rank being tested for.

(B) The current rank structure of the Department shall be cadet, probationary firefighter, and firefighter, ascending in order. This rank excludes the command rank structure in which all officers will hold the rank of firefighter before appointment by the Mayor and City Council.

(C) A cadet shall be in the rank for a period not to exceed two years prior to being considered for promotion to probationary firefighter. If the member does not meet qualifications or standards set forth in this subchapter within the two-year period, the member shall be terminated from the Department. Any member appointed to the rank of cadet who meets or exceeds certain training requirements prior to appointment shall be appointed to the rank of probationary firefighter at the discretion of the Chief.

(D) A probationary firefighter shall not hold such rank longer than two years and less than one before being tested for the rank of firefighter. In the event the member does not pass the test for firefighter, they shall be demoted to the rank of cadet to receive further basic training.

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(E) In case of absence or disability of any officer of the Department, all powers, authority, duties and obligations of said officer shall for all purposes and occasions transfer upon the officer next in rank, unless such vacancy shall have been filled by direct appointment by the Chief.

(F) The ranking officer present shall command at a fire, rescue or incident. The officer who arrives first at such scene shall assume command under the Incident Command Structure. Such command shall be maintained until relinquished to a superior officer. (The Incident Command Structure is covered under Section 11 of the Standard Operating Guidelines of the Madison Fire Department, a separate document.)

(G) In the case where an officer of the Department has not yet arrived on scene the senior member on scene shall assume command until an officer arrives. The senior member shall be the ranking member as posted by the seniority list. Seniority shall be by date hired and rank. In the event two members were promoted on the same date, seniority shall be by date of hire.

(H) In the event a member is acting under orders by an officer and a conflicting order is given, the subordinate under the first order shall inform the officer issuing the subsequent order of the prior order issued and then shall proceed to comply with subsequent order unless the order is given by an officer of superior rank. (Ord. 1700, passed 3-4-2008)

§ 34.28 CHIEF AND OFFICERS; DUTIES.

(A) The Chief shall have direct control, management and direction of all members of the Department with full power to detail any of them in the best interests of the Department.

(B) (1) Officers of the Department shall be responsible for properly maintaining discipline and efficiency within the Department.

(2) All officers of the department shall at times properly assist the Chief in the discharge of the duties and commands of such office.

(3) All officers of the department will perform such duties as specified by the Chief.

(4) All officers of the department shall have a working knowledge of the duties and responsibilities of their subordinates, and shall be available for assistance or conduct of the members of the Department and take active charge when necessary.

(5) It shall be the duty of every officer and member of the Department to attend every incident unless excused by the Chief and to exert the greatest energy and best ability a member shall provide under any and all circumstances.

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(6) The officers of the Department shall be just, dignified and firm in their contact with subordinates being careful to abstain from abusive language in giving orders. The officers of the Department will see that all orders, rules and regulations are strictly obeyed and promptly reported in writing to the Chief of any violations.

(C) The officers of the Department shall not discuss or permit to become the knowledge of their subordinates, matters of Department business, management or other information not directly of interest to the subordinates and under no circumstances shall any controversial matters between the officers of the Department be allowed to become public.

(D) The Mayor has agreed that the Chief reserves the right to modify, delete or add to this subchapter to ensure that the Department is run safely and effectively. (Ord. 1700, passed 3-4-2008)

§ 34.29 DUTY TO REPORT.

(A) It shall be the responsibility of a member of the Department to make an immediate report of injury or illness while on duty to an officer of the Department who shall immediately report such injury or illness to the Chief.

(B) In the event any member has chest pain, jaw pain, radiating pain in either arm or shortness of breath, the member shall immediately without delay be transported to the nearest emergency medical facility for treatment.

(C) In the event any member is injured or becomes ill while on duty or at a Department function and is transported to a medical facility, an officer shall accompany the member and make an immediate report to the Chief who will make a report to the Mayor of the member’s condition and circumstances surrounding the injury or illness.

(D) Immediately or as soon possible after its occurrence, any member who is injured while on duty shall make a written report to the ranking officer or officer of such injury. The report will include, date, time and nature of injury and what duty was being performed when the injury occurred. The officer receiving the report will make a written report to the Chief of the incident, who in return will complete and file the necessary paperwork with the city.

(E) Immediately or as soon as possible after its occurrence, a member of the Department shall make a written report to the Chief when a member has been charged or placed under arrest for a violation of any law, whether traffic related or criminal in nature. This report shall provide the date, time, location and nature of the arrest and if charges were filed. Failure to do so may result in dismissal from the Department. (Ord. 1700, passed 3-4-2008)

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§ 34.30 VIOLATIONS.

The Chief or designee shall suspend any member up to 29 days for any violation or a combination of violations without notifying the Mayor and City Council of such decision. For any suspension beyond 29 days, a written report shall be made by the Chief to the Mayor and City Council. (Ord. 1700, passed 3-4-2008)

§ 34.31 EQUIPMENT AND DRIVING.

(A) The members of the Department shall not move or alter any equipment on apparatus, fire fighting equipment or general set-up of the operation of the Department or disarrange the system of operation in any way without the approval of the Chief or equipment officer.

(B) Every member and officer of the Department shall have a valid Illinois driver’s license with a classification of B or better before driving any Department apparatus. The city has requested that every member obtain a Class B CDL Illinois driver’s license in case of time of emergency outside of Department training.

(D) Drivers of Department vehicles and/or apparatus shall respond to scene without delay and at all times maintain control of said vehicle and/or apparatus. Drivers shall obey all traffic rules and regulations as stated in the current Illinois Vehicle Code.

(E) Members of the Department when traveling to the fire station during an incident in their personal vehicle shall obey all traffic rules and regulations, avoid excessive speeds, obey all traffic control devices and signals and maintain complete control of their vehicle at all times.

(F) If any member operates a revolving, flashing or lit blue light all traffic laws shall still be obeyed under the Illinois Vehicle Code. The blue light is a courtesy light and shall be used as such. Any member operating a blue light shall not operate the light outside the corporate city limits by Department rules.

(G) Every member of the Department shall report any and every injury, accident, collision or any other extraordinary circumstance encountered. Damage to property however slight or unusual in nature shall be reported to an officer. Any damage to Department vehicles/apparatus or equipment will immediately be reported to an officer in verbal and written form.

(H) A five-member Accident/Damage Review Board made up of members of the Department will be made up of by the Chief in which he/she will be the convening authority. The Board will review all accidents/damages to Department vehicles/apparatus and equipment and then make a recommendation to the Chief for possible disciplinary or corrective action. A list of such members plus an alternate will be posted.

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(I) No persons except members of the Department shall be allowed to ride on apparatus to or from an incident unless authorized by the Chief or an Officer.

(J) The ranking officer or the senior member on duty shall make certain that when the apparatus returns to the station house that all equipment is placed into its proper place and in working condition. The apparatus shall be washed, wiped dry and inspected before it's placed back in to service.

(K) The driver of the apparatus shall make sure that all equipment is in its proper place when the apparatus returns to the station house. A check sheet will be provided to make certain this task is complete. Once complete, a verbal report will be made to the ranking officer or member of the check. Under no circumstances will the members be released from duty until the apparatus is back in service including equipment cleaned, wiped dry and replaced if necessary.

(L) Any equipment lost, stolen or damaged during an incident shall be reported immediately in writing to the Chief or ranking officer. (Ord. 1700, passed 3-4-2008)

§ 34.32 RESPONSE TO CALLS.

No member shall respond outside the service area of the Department unless ordered to do so by the Chief, ranking officer or Mayor. In the case of mutual aid request by another Department which is already on scene or en route, the members will respond without delay. (Ord. 1700, passed 3-4-2008)

§ 34.33 HOURS OF DUTY.

(A) The hours of duty for the Department’s night shift will be from 2000 until 0600 the next day (8:00 p.m. until 6:00 a.m.). The Chief or Mayor may, in an emergency status, temporarily alter the hours while said emergency exists.

(B) Members shall report promptly at 2000 hours (8:00 p.m.) for duty. If any member is going to be delayed, the member will make arrangements for a temporary fill-in.

(C) No member shall leave from duty before 0600 (6:00 a.m.) the morning of ending tour unless they have secured another member to cover the remaining time.

(D) No member shall fail to report for scheduled duty. If such members fail to report for duty promptly in uniform, the senior member on duty shall make arrangements for a fill-in by calling the senior-most member first and working down the list. The member who fails to show for duty will forfeit the remaining duty period and be subject to disciplinary action by the Chief. Such absence shall be considered absence without leave and shall stand suspended until a written report by the Chief is made to the Mayor and City Council of such suspension.

2008 S-6 Fire Department 58A

(E) The members of the Department on night duty shall nightly be responsible for the removal of debris from and around the station house. They shall clean the sleeping quarters, day room, and communications room, meeting room, conference room, entryway, hallways and all restrooms and locker rooms including the workout area.

(F) Members on night duty shall be responsible for the removal and emptying of all trash receptacles within the station house nightly and place trash/garbage in the trash dumpster provided by the city.

(G) Members on night duty shall be responsible for removing snow from the walkways around the exterior of the station house. Deicing product will be placed when appropriate and in such a manner as to provide a safe walkway. The city will be responsible for removing snow/ice from the parking lot areas.

(H) All members shall report in clean duty uniforms, they shall be clean. The member shall be clean-shaven, sideburns will not extend below the ears, moustache will not extend below the chin or any portion that will interfere with the proper seal of a face mask. Each member’s hair will not extend past the shoulder or not able to fit under the issued Department helmet.

(I) No member shall be allowed to work in place of another member unless approved by the Chief or officer. In the event a switch of the same rank is made, no approval will be needed. Switches of different rank can be approved by any officer.

(J) Duty changes shall be made in writing and noted on the permanent posted schedule for assignment. (Ord. 1700, passed 3-4-2008)

§ 34.34 PROHIBITED ACTIVITIES.

(A) (1) No member will report to duty while under the intoxication of alcohol and/or prescribed medications that may hamper their ability to operate or function in the performance of their duties. If any member is suspected of being under such influence they may be ordered to go to the nearest medical facility for blood test. In alcohol-related cases the member may be ordered to respond to the Police Department for a breathalyzer test. In each incident, if the member refuses they will immediately be placed on suspension, relieved of duty and the Chief will make written notice to the Mayor’s office for dismissal.

(2) While on duty, no member shall drink intoxicating beverages or take illegal drugs of any kind nor for any reason permit or allow intoxicating beverages or illegal drugs to be brought on to Department premises or property. Any member found to be in possession of these items shall be subject to discipline including termination and or criminal charges.

(3) If any member is found to have an illegal narcotic in his or her system, he or she shall immediately be terminated from the Department without prejudice.

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(B) No member shall lend any portion of their uniform to any person outside of the Department without the permission of the Chief.

(C) A member of the Department detailed to a funeral, parade detail or special detail shall report in full uniform unless specified by the Chief. Absence from such details shall be granted only by the Chief or the ranking officer of the detail.

(D) Each member of the Department is personally responsible for each piece of their equipment, including badge, nameplate, collar insignias, shirt, trousers and wallet badge. Any member losing this equipment while not in the performance of their duties will be responsible for payment to the city for such replacement.

(E) In the interest of the economy, every member shall do their best to conserve the Department's water, gas, fuel, electricity, supplies, etc. All lights shall be turned off at the switch when members leave the area. All doors shall be closed in order for the heating, air conditioning and ventilation to perform properly and efficiently.

(F) The members of the Department on night duty shall weekly be responsible for thoroughly inspecting equipment and completing the weekly check sheets properly. They shall report any and all missing, broken or malfunctioning equipment by completing the proper form and reporting it to the equipment officer.

(G) No member of the Department while properly at rest in the Department sleeping room shall be unnecessarily disturbed.

(H) No vehicles or equipment other than those owned by the city shall be parked or stored in the engine room unless by permission of the Chief.

(I) No member shall leave the station while on call or an incident without first obtaining permission of the officer in charge. Any member who does so shall be considered leaving post without permission and disciplined.

(J) No member shall permit any visitor in the station house after 11:00 p.m. Sunday through Thursday nights and after 12:00 a.m. Friday and Saturday nights. No member shall allow any nonmember into the second floor area of the station house at any time, nor shall they allow any intoxicated person or one who is under the influence of narcotics onto city property at any time.

(K) All personal telephone calls shall be limited to five minutes and shall be local only. No personnel shall make long distance telephone calls that are not Department-related.

(L) The ranking officer or senior firefighter shall inspect and proofread any and all reports and check sheets to ensure that they are completed properly and with all necessary and proper information.

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(M) No member shall excuse himself or herself from a scene, incident, training, duty or detail without the permission or knowledge of the ranking officer in charge of said detail or incident. Every member shall return to the station house on the apparatus they arrived on scene in unless excused by the officer in charge or special circumstances exist where it is impractical (i.e. apparatus has returned or on another assignment and personnel kept at scene).

(N) No member of the Department shall direct a stream of water on any personnel, bystander, civilian unless ordered to do so by the officer in charge or unless said subject has visible flames emitting from them and it is necessary to preserve life.

(O) It shall be the responsibility and duty for every member who comes in contact with any object of value or firearm to immediately inform the officer in charge of such discovery and see to it that the item is turned over to the proper authority.

(P) Any member who comes in contact with or discovers any items of evidentiary value will immediately inform the officer in charge who will see to it that the item or items are turned over to the law enforcement agency having jurisdiction.

(Q) No member will appropriate or take possession of any items from the scene of any incident.

(R) Except by permission of the Mayor and City Council, no member shall receive any reward or payment for services rendered. No member will demand any such payment or reward.

(S) No member shall use obscene or inappropriate language while on duty. Every member will treat every citizen or contact with the respect they deserve. (It is understandable that members may at times come in contact with persons where it may become necessary to defend themselves. If this occurs the law enforcement agency having jurisdiction shall be notified immediately.)

(T) No member shall wantonly or maliciously make any false report against another member of this Department.

(U) No member shall be permitted to defame a fellow member or criticize the actions or orders of a senior firefighter or officer in charge.

(V) No member of this Department shall commit the offense of insubordination. Insubordination shall be the failure or deliberate refusal of any member of this Department to obey a lawful order given by a superior officer or the ridiculing of a ranking officer's orders in or out of their presence.

(W) No member shall gamble or place bets on city-owned property.

(X) No advertising material, posters, private notices or other disfigurement shall be displayed or permitted anywhere in or on Department premises without permission of the Chief.

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(Y) No information relative to the affairs or daily operations of this Department shall be discussed or furnished to any personnel not connected with the Department unless authorized by the Chief. (Ord. 1700, passed 3-4-2008)

§ 34.35 TURNOUT GEAR AND LOCKERS.

(A) Turnout gear will be worn while on apparatus responding to and while returning from the scene of an incident.

(B) All members will wear full turnout gear and SCBA while on scene of any fire-related incident, HAZ MAT incident, or other incident the officer in charge deems necessary to wear such equipment. The officer in charge or safety officer is the only authority to release personnel from this responsibility.

(C) Every member of the Department will keep their turnout gear when not in actual use in their assigned locker which is provided by the Department. They will keep their assigned locker clean and closed but accessible for periodic inspection by any officer of the Department. There will be no inappropriate material posted in such locker.

(D) Any member who places their turnout gear outside of their assigned locker while on duty will remove their equipment and place it back in to their assigned locker when their tour of duty is complete. (Ord. 1700, passed 3-4-2008)

2008 S-6 CHAPTER 35: POLICE DEPARTMENT

Section

Establishment of Department

35.01 Establishment 35.02 Offices created 35.03 Appointment 35.04 Bond 35.05 Head of department; powers to establish police regulations 35.06 Chief of Police; duties; monthly report 35.07 Assistant Chief of Police; duties 35.08 Policemen; powers and duties; daily reports to Chief; records to be kept by Chief 35.09 Policeman may enter building by force and make arrests therein in certain cases 35.10 Duty of policemen; not to engage in business that may interfere, nor absent themselves without permission 35.11 Chief to keep an office 35.12 Police to report and render assistance to Chief 35.13 Police guilty of neglect of duty and the like 35.14 Appointment of special policemen to serve with regular police force 35.15 Police badges 35.16 Suspension 35.17 Compensation 35.18 Compensation of special policemen

Rules and Regulations

35.25 Manual adopted by reference

Auxiliary Police Officers

35.35 Appointment; authorization 35.36 General requirements 35.37 Powers and duties 35.38 Carrying firearms; permission from Chief

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35.39 Training and uniforms 35.40 Compensation Cross-reference: Drug and Alcohol Abuse Policies, see §§ 37.50 and 37.51 Emergency Services and Disaster Agencies, see Ch. 39 General Offenses, see Title XIII Law Department, see §§ 32.20 through 32.23 Law enforcement agencies; holding facilities; fee, see § 37.35 Personnel, see Ch. 38

ESTABLISHMENT OF DEPARTMENT

§ 35.01 ESTABLISHMENT.

There is hereby created and established a Department of the municipal government of the city, which shall be known as the Police Department, and until otherwise provided, shall consist of a Chief of Police, an Assistant Chief, four sergeants and seven police patrol persons, as shall from time to time be appointed and other patrol persons as shall from time to time be appointed by the Board of Fire and Police Commissioners, the Chief of Police or the Mayor under the provisions of this subchapter. (Ord. 895, passed 1-28-1974)

§ 35.02 OFFICES CREATED.

(A) The following offices are hereby created:

(1) Office of Chief of Police;

(2) Office of Assistant Chief of Police;

(3) Offices of four sergeants; and

(4) Offices of seven police patrol persons.

(B) The following Office of Probationary Patrol Person is hereby created.

(1) The office shall be filled by appointment of the Board of Fire and Police Commissioners and shall serve in that office for a term commensurate with the rules and regulations of the Board of Fire and Police Commissioners and until the time as the probationary patrol person shall be certified by the Board of Fire and Police Commissioners. Police Department 61

(2) All personnel, with the exception of the Chief of Police and the Assistant Chief of Police, upon being first duly certified and appointed by the Board to serve in any office of the Police Department shall have first served the period of Probationary Patrolman. The compensation for services rendered as Probationary Patrolman shall be a salary as may be fixed in the annual appropriation ordinance of the city. (Ord. 895, passed 1-28-1974)

§ 35.03 APPOINTMENT.

The Board of Fire and Police Commissioners shall appoint ail officers and members of the Police Department, with the exception of the Chief of Police and Assistant Chief of Police. All appointments to the Police Department, other than that of the lowest rank, and with the exception of the Chief of Police and Assistant Chief of Police shall be from the rank next below that to which the appointment is made. The Mayor shall appoint annually, at the first regular meeting of the City Council in May of each year, or as soon thereafter as may be convenient, with the approval of the City Council, to the Office of Chief of Police and to the office of Assistant Chief of Police; he or she may, in his discretion, appoint the Chief of Police and the Assistant Chief of Police from the membership of the Police Department, regardless of rank. Should the Chief of Police or Assistant Chief of Police be appointed from the membership of the Police Department, upon completion of his term of office, he or she shall revert and be returned to the rank held by him in the Police Department at the time of his appointment to the office of Chief of Police or Assistant Chief of Police, provided he or she shall not have been promoted to a higher rank by the Board of Fire and Police Commissioners during the term of office as Chief of Police or as Assistant Chief of Police, in which event he or she shall revert and return to the highest rank to which he or she has been appointed. All of said officers, including the Chief of Police and Assistant Chief of Police, shall be subject to removal as provided by law and the City Ordinances. (Ord. 895, passed 1-28-1974; Am. Ord. 1828, passed 12-27-2018)

§ 35.04 BOND.

All members of the Police Department and all special police shall each, before entering upon the duties of his or her office, take and sign the oath prescribed by law for city officers, and each shall execute a bond to the city in the penal sum of $2,000 with sureties as the City Council shall approve, conditioned for the faithful performance of the duties of his or her office according to law and ordinances of the city, which the oath and bond shall be filed in the office of the City Clerk. (Ord. 895, passed 1-28-1974)

§ 35.05 HEAD OF DEPARTMENT; POWERS TO ESTABLISH POLICE REGULATIONS.

(A) The Chief shall be the head of the Police Department, and shall superintend and direct the police generally, and from time to time give directions as he or she may deem necessary for the prevention of

2019 S-12 62 Madison - Administration the peace and good order and the enforcing of the laws and ordinances of the city; and may, from time to time, by and with the consent of the Board of Fire and Police Commissioners, make and establish police regulations as may by them be deemed expedient or necessary for the government and control of the Police Department and to promote the efficiency and usefulness of the members thereof. The police regulations may prescribe the duties of the police officers and policemen more specifically than is hereby contained, and may provide such penalties and forfeiture for neglect of duty or improper conduct (such as removal, suspension from pay, fine or reprimand) as may be deemed necessary and expedient for the proper regulation of the different members of the department, which rules shall be in writing, or printed, signed by the Chief, and be binding on all officers connected with the Department after notice thereof. A copy of the rules shall be delivered to each policeman, and also be posted conspicuously on the police station.

(B) He or she shall have power, on the application of any person or persons, showing the necessity thereof, to appoint and swear in any additional number of special patrolmen on the police force to do special duty at any fixed place within the city, at the charge and expense of the person or persons by whom the application is made, and shall keep a correct list of all persons so appointed; and persons so appointed shall conform to and be subject to all rules and regulations governing the police force of the city and to such special rules and regulations as the Chief may make concerning the police patrolmen. They shall possess all the powers, privileges and duties of the regular police patrolmen at the places for which they are respectively appointed, and may be removed or discharged from service at any time by the Chief without assigning any cause therefor. (Ord. 895, passed 1-28-1974)

§ 35.06 CHIEF OF POLICE; DUTIES; MONTHLY REPORT.

The Chief shall be the acting head of the Police Department and the Assistant Chief and all policemen shall be in subordination to him or her. It shall be his or her duty to cause the public peace to be preserved and to see that all laws are enforced, and whenever any violation therefor shall come to his or her knowledge, or be reported to him or her, he or she shall cause the requisite complaint to be made and see that the proper evidence is procured for a successful prosecution of the offender or offenders. He or she and his or her subordinates shall obey all police rules as may be established for the regulation of the Department, and shall, in case of riot, tumult or insurrection, or threatening thereof, take command in person of the police officers and direct their movements and operations in discharge of their duties. He or she shall keep a record and make report to the Council monthly, and also at and before the close of the fiscal year, of the operations of the Department and in conforming with the requirements of the police rules. He or she shall be responsible for the efficiency, general conduct and good order of his or her Department, and shall promptly report to the Board of Fire and Police Commissioners in writing all complaints made to him or her or in any way coming to his or her knowledge prejudicial to the honesty, sobriety and faithfulness of any of his or her subordinates. (Ord. 895, passed 1-28-1974) Police Department 63

§ 35.07 ASSISTANT CHIEF OF POLICE; DUTIES.

(A) The Assistant Chief shall perform the duties as may be designated by the Chief from time to time and shall perform the duties of the Chief in his or her absence, which he or she shall relinquish upon the return to duty of the Chief.

(B) At any time the office of Chief of Police or Assistant Chief is filled from any rank in the Police Department the position from which the office of Chief or Assistant Chief is filled shall remain as filled and not open for purposes of promotion by reason of the provision for reversion contained in § 35.03. (Ord. 895, passed 1-28-1974)

§ 35.08 POLICEMEN; POWERS AND DUTIES; DAILY REPORTS TO CHIEF; RECORDS TO BE KEPT BY CHIEF.

(A) Each member of the Department shall be a conservator of the peace and shall have power to arrest all persons in the city found in the act of violating any law or ordinance, or aiding or abetting in any such violation, or any person whom any officer has reasonable grounds for believing has committed a public offense, and who is liable to escape before his or her arrest, and forthwith take all persons so arrested to the office of the Police Magistrate or some justice of the peace for trial. They shall have power and authority in the city to serve and execute warrants and other processes for the apprehension and commitment of persons charged with, held for examination or trial, or taken in the act of committing any crime or misdemeanor, or violating any law or ordinance of the city, in the same manner and with like authority as a constable by the laws of the state. All policemen shall daily report to the Chief all arrests made during the day or night, and all material facts relating to them; and the Chief shall keep a book in which shall be recorded all arrests made by the Police Department, and the offenses for which the arrests were made, and where the same were made, by number and street.

(B) The regular work day of each policeman shall be an eight-hour shift; provided, however, this provision regarding the hours of work for members of the Department shall not be effective where, in the opinion of the Mayor or Chief, a condition exists in the city that requires the service of any and all policemen; in which case the members of the Department shall be subject to duty at any and all times and shall not be entitled to any extra pay or allowed additional vacation at a future time therefor. Each policeman shall be entitled to a maximum of two hours’ pay at the rate of 1½ times his or her normal rate of pay for any day when the policeman is called to court on his or her off-duty by either the City Attorney or the state’s attorney or his or her authorized assistants.

(C) Each member of the Department shall be entitled to vacation with pay, annually, as stated in Ordinance 893 passed October 22, 1974, to be taken before the end of his or her annual date of employment, except that no member shall be entitled to vacation until he or she shall have completed one year of service, and no proportionate vacation shall be allowed for any fractional part of a year of service. No accumulation or cash-in of vacation shall be permitted. 64 Madison - Administration

(D) Vacations shall be arranged and granted by the Board of Fire and Police Commissioners and the Chief of Police in such manner that the Department shall at no time be insufficiently manned.

(E) Every member of the Department who shall be absent from duty, except on account of his or her sickness, or unavoidable accident to himself or herself, or by permission of the Chief, shall have the period of such absence deducted from his or her next salary payment, and the Chief shall report to the Board of Fire and Police Commissioners, all cases of absence from duty and shall assign the reason for the absence. (Ord. 895, passed 1-28-1974)

§ 35.09 POLICEMAN MAY ENTER BUILDING BY FORCE AND MAKE ARRESTS THEREIN IN CERTAIN CASES.

The Mayor, the Chief, the Assistant Chief, and all police officers shall have power and authority in a peaceable manner, or, if refused admittance after proper demand made, with force, to enter into any house, store, shop, grocery or other building wherever in the city in which any person may be or be reasonably suspected by any such officer to be for any unlawful purpose; and if any person or persons shall be found therein committing any crime, felony, or misdemeanor, or violation of any ordinance for the preservation of the peace and good order of the city; or who may by such officer be reasonably suspected of such, or of aiding or abetting in any offense, the officer shall apprehend and keep in custody the person or persons as in case of other arrests made by police officers. (Ord. 895, passed 1-28-1974)

§ 35.10 DUTY OF POLICEMEN; NOT TO ENGAGE IN BUSINESS THAT MAY INTERFERE, NOR ABSENT THEMSELVES WITHOUT PERMISSION.

The Chief, Assistant Chief and all police officers shall devote their full time and attention to the discharge of the duties of their respective stations, according to the laws and ordinances of the city and the provisions of police regulations as may be established; and it shall be their duty, to the best of their ability to preserve order, peace and quiet, and enforce all laws and ordinances throughout the city. They shall not engage in any business or occupation, or endeavor, other than as a police officer for the city, unless by special assignment by the Mayor of Chief to any other law enforcement agency, and they shall not be absent themselves from the city, nor from their duties unless by permission of the Chief or the Board of Fire and Police Commissioners. (Ord. 895, passed 1-28-1974) Police Department 65

§ 35.11 CHIEF TO KEEP AN OFFICE.

The Chief is hereby required to keep and maintain for the purpose of his or her office, an office or place of business at the City Hall, where he or she shall attend at all reasonable hours when not called elsewhere on duty. (Ord. 895, passed 1-28-1974)

§ 35.12 POLICE TO REPORT AND RENDER ASSISTANCE TO CHIEF.

The several policemen shall report themselves for duty at the office of the Chief, or at the rendezvous as he or she shall appoint, at such times as directed by him or her, and shall render him or her prompt and energetic assistance in the execution of his or her duties, and shall devote their time and attention to the preservation of the peace, quiet and good order of the city, and especially in the respective districts to which they may be assigned. (Ord. 895, passed 1-28-1974)

§ 35.13 POLICE GUILTY OF NEGLECT OF DUTY AND THE LIKE.

Any member of the Police Department who shall neglect or refuse to perform any duty required of him or her by any law or ordinance of the city, who shall, in the discharge of his or her official duties, be guilty of any fraud, extortion, oppression, favoritism, partiality, or willful wrong or injustice, or who shall enter any place where intoxicating liquor is sold while on duty, except in the discharge of his or her official duty, or who shall use any intoxicating liquors, or engage in any game of chance while on duty, shall be dismissed from his or her office by the Board of Fire and Police Commissioners. (Ord. 895, passed 1-28-1974)

§ 35.14 APPOINTMENT OF SPECIAL POLICEMEN TO SERVE WITH REGULAR POLICE FORCE.

The Mayor is hereby authorized at any time when, in his or her opinion, the interest of the city demands it, to appoint special policemen as he or she may deem necessary, to act in conjunction with, and as members of the regular police force of the city, provided the appointment of the police officers shall not be for a longer period than 30 days, or until the next regular meeting of the City Council occurring thereafter. Such special police officers shall be under the supervision of the Mayor and of the Chief of Police. (Ord. 895, passed 1-28-1974) 66 Madison - Administration

§ 35.15 POLICE BADGES.

Every member of the Department shall wear a suitable badge to be furnished by the city, and any member who shall destroy the same will be required to pay the cost of replacing it; and whenever any member of the Department shall leave, resign, be suspended or discharged, he or she shall immediately deliver his or her badge to the Mayor or Chief. (Ord. 895, passed 1-28-1974)

§ 35.16 SUSPENSION.

Any member of the Department may be suspended by the Mayor at any time or by the City Council at any regular or special meeting thereof. Report of the suspension and the reasons therefor, shall thereafter be immediately made to the Board of Fire and Police Commissioners in writing for their further action in accordance with the provisions of the ILCS. (Ord. 895, passed 1-28-1974)

§ 35.17 COMPENSATION.

The Chief, the Assistant Chief, Sergeants of Police, and Police Patrolmen shall each receive as compensation for services rendered salaries as may be fixed in the annual appropriation Ordinance of the city. (Ord. 895, passed 1-28-1974)

§ 35.18 COMPENSATION OF SPECIAL POLICEMEN.

Special policemen appointed under the provisions of this subchapter shall receive compensation as the City Council at any regular or special meeting may allow. (Ord. 895, passed 1-28-1974)

RULES AND REGULATIONS

§ 35.25 MANUAL ADOPTED BY REFERENCE.

The Police Department’s manual concerning the rules and regulations for police officers is hereby adopted by reference and incorporated herein as if set out in full. (Ord. 968, passed 11-25-1980) Police Department 67

AUXILIARY POLICE OFFICERS

§ 35.35 APPOINTMENT; AUTHORIZATION.

The Mayor is hereby authorized to appoint auxiliary police officers, as officers subject to the advice and consent of the City Council. Prior to appointment, all proposed auxiliary police officers shall be fingerprinted and their fingerprints shall be checked with the Federal Bureau of Identification, Washington, D.C., for any possible criminal record. No person shall be appointed as an auxiliary police officers if he or she has been convicted of a felony or other crime involving moral turpitude. The appointment of any or all auxiliary police officers may be terminated by the Mayor subject to the advice and consent of the City Council. (Ord. 812, passed 2-18-1969)

§ 35.36 GENERAL REQUIREMENTS.

Auxiliary police officers shall not be members of the regular Police Department of the city. Auxiliary police officers shall be residents of the city. Identification symbols worn by the auxiliary police officers shall be different and distinct from those used by the regular Police Department and shall be selected and chosen by the Chief of Police of the city. Auxiliary police officers shall, at all times during the performance of their duties, be subject to the direction and control of the Chief of Police of the city. (Ord. 812, passed 2-18-1969)

§ 35.37 POWERS AND DUTIES.

Auxiliary police officers shall have the following powers and duties, when properly assigned and on duty:

(A) To aid or direct traffic in the municipality;

(B) To aid in control of natural or man made disasters;

(D) To perform normal and regular police duties when assigned by the Chief of Police on occasions when it is impracticable for members of the regular Police Department to perform normal and regular police duties;

(E) To arrest or cause to be arrested, with or without process, all persons who break the peace, or are found violating any municipal ordinance or any criminal law of the state; 68 Madison - Administration

(F) To commit arrested persons for examination;

(G) If necessary, to detain arrested persons in custody over night or Sunday in any safe place, or until they can be brought before the proper magistrate;

(H) To exercise all other powers as conservators of the peace that the corporate authorities may prescribe; and

(I) To serve and execute all warrants for the violation of municipal ordinances, or the state criminal law, within the limits of the city, and for this purpose to have all the common law and statutory power of sheriffs. (Ord. 812, passed 2-18-1969)

§ 35.38 CARRYING FIREARMS; PERMISSION FROM CHIEF.

Auxiliary police officers shall not carry firearms, except with the permission of the Chief of Police of the city, and then only when in uniform and in the performance of their duties. (Ord. 812, passed 2-18-1969)

§ 35.39 TRAINING AND UNIFORMS.

Auxiliary police officers, prior to entering upon any of their duties, shall receive a course of training in the use of weapons and other police procedures by the Chief of Police of the city. The course of training shall be not less than ten hours in duration. Upon completion of the course of training, the Chief of Police shall file a certificate attesting to the auxiliary police officer’s completion of the course, with the City Clerk. (Ord. 812, passed 2-18-1969)

§ 35.40 COMPENSATION.

Auxiliary police officers shall be paid at the rate as set by City Council, provided the service is performed at the direction of the Chief of Police. (Ord. 812, passed 2-18-1969) CHAPTER 36: CODE AND ORDINANCE VIOLATIONS

Section

General Provisions

36.01 Violations 36.02 Public service work 36.03 Limitations of amendments 36.04 Disposition of supervision

Administrative Adjudication

36.15 Adoption of state regulations 36.16 Definitions 36.17 Code Hearing Department 36.18 Hearing procedures not exclusive 36.19 Instituting hearing proceedings 36.20 Subpoenas; defaults 36.21 Continuances; representation at code hearings 36.22 Hearing; evidence 36.23 Qualifications of Hearing Officers 36.24 Findings, decision and order 36.25 Review under Administration Review Law 36.26 Judgement on findings, decision and order 36.27 Impact on existing administrative adjudication systems

GENERAL PROVISIONS

§ 36.01 VIOLATIONS.

All terms, provisions or sections of existing ordinances of the city, which provide for a fine or penalty for the violation of their respective terms, provisions or sections, shall be and hereby are amended to provide that the fine or penalty that may be imposed for any violation shall be a minimum of $50 and a maximum of $750, except as hereinafter provided in §§ 36.02 and 36.04. (Ord. 1318, passed 7-16-1996) Penalty, see § 10.99

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§ 36.02 PUBLIC SERVICE WORK.

Any penalty imposed pursuant to § 36.01 may include, or consist of, with the consent of the city, a requirement that the defendant perform some reasonable public service work within the corporate limits of the city, such as, but not limited to the picking up of litter in public parks or along public highways or the maintenance of public facilities. (Ord. 1318, passed 7-16-1996)

§ 36.03 LIMITATIONS OF AMENDMENTS.

Sections 36.01 and 36.02 shall not and do not alter, amend, prohibit, repeal or in any other way effect the terms or provisions of existing ordinances that provide for a violation to constitute a separate offense on each day it is committed or permitted to continue. (Ord. 1318, passed 7-16-1996)

§ 36.04 DISPOSITION OF SUPERVISION.

(A) The court may, upon a plea of guilty or a stipulation by the defendant of the facts supporting a charge or a finding of guilty as to a charge pursuant to a violation of a term or provision of an existing or future ordinance of the city, defer further proceedings and the imposition of a fine or penalty pursuant to the ordinance and enter an order of supervision of the defendant after considering the circumstances of the defendant, if the court is of the opinion that:

(1) The defendant is not likely to commit further violations;

(2) The defendant and the public would be best served if the defendant was not to receive a record; and

(3) In the best interest of justice an order of supervision is more appropriate than a fine or penalty otherwise permitted under the ordinance.

(B) The provisions of division (A) above shall not apply to a defendant if prohibited by the provisions of ILCS Ch. 730, Act 5, § 5-6-1. Further, the court shall consider the statement of the city’s attorney with regard to the standards set forth therein.

(C) When a defendant is placed on supervision, the court shall enter an order for supervision specifying the period of the supervision and shall defer further proceedings in the case until the conclusion of the period. The period of supervision shall be reasonable under all of the circumstances of the case, but may not be longer than two years. The court may in addition to other reasonable conditions relating to the nature of the violation of the defendant, as determined for each defendant in the proper discretion of the court, require that the defendant: Code and Ordinance Violations 71

(1) Make a report to and appear in person before or participate with the court or the courts, person or social service agency as directed by the court in the order of supervision;

(2) Pay a fine and costs;

(3) Work or pursue a course of study or vocational training;

(4) Undergo medical, psychological or psychiatric treatment or treatment for drug addiction or alcoholism;

(5) Support his or her dependents;

(6) Refrain from possessing a firearm or other dangerous weapon; and

(7) In addition, if a minor:

(a) Reside with his or her parents or in a foster home;

(b) Attend school;

(d) Contribute to his or her own support at home or in a foster home;

(8) Perform some reasonable public service;

(9) Comply with the terms and conditions of an order of protection issued by the court pursuant to the State Domestic Violence Act of 1986; (If the court has ordered the defendant to make a report and appear in person under division (C)(1) above, a copy of the order of protection shall be transmitted to the person or agency so designated by the court.)

(10) Refrain from entering into a designated geographic area, except upon the terms as the court finds appropriate; (The terms may include consideration of the purpose of the entry, the time of day, other persons accompanying the defendant and advance approval by the city’s Police Department.)

(11) Refrain from having any contact, directly or indirectly, with certain specified persons or particular types of person, including, but not limited to members of street gangs, as defined in ILCS Ch. 740, Act 147, § 10 and drug users or dealers; and

(12) Refrain from having in his or her body the presence of any illicit drug prohibited by the Cannabis Control Act, ILCS Ch. 720, Act 550, §§ 1 et seq., or the State Controlled Substances Act, ILCS Ch. 720, Act 570, §§ 100 et seq., unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug. 72 Madison - Administration

(D) The court shall defer entering any judgment on the charges until the conclusion of the supervision.

(E) At the conclusion of the period of supervision, if the court determines that the defendant has successfully complied with all of the conditions of supervision, the court shall discharge the defendant and enter a judgment dismissing the charges.

(F) Discharge and dismissal upon a successful conclusion of a disposition of supervision shall be deemed without adjudication of guilt and shall not be termed a conviction for purposes of disqualification or disabilities imposed by law.

(G) A defendant placed on supervision and who during the period of supervision undergoes mandatory drug or alcohol testing, or both, may be ordered to pay the costs incidental to the mandatory drug or alcohol testing, or both, in accordance with the defendant’s ability to pay those costs.

(H) A disposition of supervision is a final order for the purposes of appeal.

(I) (1) Upon the oral or written motion of the city, or on the court’s own motion, which charges that a violation of a condition of supervision has occurred, the court may:

(a) Conduct a hearing instanter if the defendant is present in court;

(b) Order the issuance by the Circuit Clerk of a notice to the defendant to be present for a hearing for violation;

(d) Order a warrant for the defendant’s arrest.

(2) The oral motion, if the defendant is present, or the issuance of the warrant, summons or notice shall toll the period of supervision until the final determination of the charge, and the term of supervision shall not run until the hearing and disposition of the petition for violation.

(3) The court shall admit the defendant to bail pending the hearing.

(4) The city has the burden of going forward with the evidence and proving the violation by the preponderance of the evidence. The evidence shall be presented in open court with the right of confrontation and cross-examination.

(5) Supervision shall not be revoked for failure to comply with the conditions of supervision which imposed financial obligations upon the defendant unless the failure is due to his or her wilful refusal to pay. Code and Ordinance Violations 73

(6) If the court finds that the defendant has violated a condition of supervision at any time prior to the expiration or termination of the period, the court may continue defendant on the existing supervision with or without modifying or enlarging the conditions or may impose any other fine or penalty that was available under divisions (I)(1) and (I)(2) above at the time of the initial sentencing.

(7) The conditions of supervision may be modified by the court on motion of the city’s attorney or on its own motion or at the request of the defendant after notice to the defendant and a hearing.

(8) A judgment revoking supervision is a final appealable order. (Ord. 1318, passed 7-16-1996)

ADMINISTRATIVE ADJUDICATION

§ 36.15 ADOPTION OF STATE REGULATIONS.

The municipality hereby adopts ILCS Ch. 65, Act 5, §§ 1-2.2-1 et seq., Division 2.2, in its current form and as it may be amended from time to time for adjudication of municipal code violations to the extent permitted by the State Constitution. (Ord. 1476, passed 1-26-1999)

§ 36.16 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CODE. Any ordinance of the municipality, except for:

(1) Building code violations that must be adjudicated pursuant to ILCS Ch. 65, Act 5, § 11-31.1 in its current form and as may be amended from time to time; and

(2) Any offense under the State Vehicle Code or a similar offense that is a traffic regulation governing the movement of vehicles and except for any reportable offense under § 6204 of the State Vehicle Code, ILCS Ch. 625, Act 5.

HEARING OFFICER. An employee or an officer or agent of the municipality, other than a law enforcement officer, whose duty it is to:

(1) Preside at an administrative hearing called to determine whether or not a code violation exists; 74 Madison - Administration

(2) Hear testimony and accept evidence from all interested parties relevant to the existence of a code violation;

(3) Preserve and authenticate the transcript and record of the hearing and all exhibits and evidence introduced at the hearing; and

(4) Issue and sign a written finding, decision, and order stating whether a code violation exists. (Ord. 1476, passed 1-26-1999)

§ 36.17 CODE HEARING DEPARTMENT.

(A) There is hereby established a Code Hearing Department in the government of the municipality. The function is to expedite the prosecution and correction of code violations in the manner set forth in this subchapter.

(B) The Code Hearing Department may adjudicate any violation of the ordinances of the municipality, except for:

(1) Building code violations that must be adjudicated pursuant to ILCS Ch. 65, Act 5, §§ 11-31.1 et seq., Division 31.1, in its current form and as amended from time to time; and

(2) Any offense under the State Vehicle Code or similar offense that is a traffic regulation governing the movement of vehicles and except for any reportable offense under § 6-204 of the State Vehicle Code, ILCS Ch. 625, Act 5. (Ord. 1476, passed 1-26-1999)

§ 36.18 HEARING PROCEDURES NOT EXCLUSIVE.

This subchapter does not preclude the municipality from using other methods to enforce the provisions of its code. (Ord. 1476, passed 1-26-1999)

§ 36.19 INSTITUTING HEARING PROCEEDINGS.

(A) When a police officer or other individual authorized to issue a code violation finds a code violation to exist, he or she shall note the violation on a multiple copy violation notice and report form that indicates:

(1) The name and address of the defendant; Code and Ordinance Violations 75

(2) The type and nature of the violation;

(3) The date and time the violation was observed; and

(4) The names of the witnesses of the violation.

(B) The violation report form shall be forwarded to the Code Hearing Department where a docket number shall be stamped on all copies of the report and a hearing date shall be noted in the blank spaces provided for that purpose on the form. The hearing date shall not be less than 30, nor more than 40 days after the violation is reported.

§ 36.20 SUBPOENAS; DEFAULTS.

At any time prior to the hearing date, the Hearing Officer assigned to hear the case may, at the request of either party, direct witnesses to appear and give testimony at the hearing. If, on the date set for the hearing, the defendant or his or her attorney fails to appear, the Hearing Officer may find the defendant in default and shall proceed with the hearing and accept evidence relevant to the existence of a code violation. (Ord. 1476, passed 1-26-1999)

§ 36.21 CONTINUANCES; REPRESENTATION AT CODE HEARINGS.

(A) (1) No continuances shall be authorized by the Hearing Officer in proceedings under this subchapter, except in cases where a continuance is absolute necessary to protect the rights of the defendant.

(2) Lack of preparation shall not be grounds for a continuance. Any continuance authorized by a Hearing Officer under this subchapter shall not exceed 25 days.

(B) The case for the municipality may be presented by an attorney designated by the municipality or by any other municipal employee, except that the case for the municipality shall not be presented by any employee of the Hearing Code Department. 76 Madison - Administration

(C) The case for the defendant may be presented by the defendant, his or her attorney, or any other agent or representative of the defendant. (Ord. 1476, passed 1-26-1999)

§ 36.22 HEARING; EVIDENCE.

At the hearing, a Hearing Officer shall preside, shall hear testimony and shall accept any evidence relevant to the existence or non-existence of a code violation. The strict rules of evidence applicable to judicial proceedings shall not apply to hearings authorized by this subchapter. (Ord. 1476, passed 1-26-1999)

§ 36.23 QUALIFICATIONS OF HEARING OFFICERS.

(A) Prior to conducting proceedings under this subchapter, Hearing Officers shall successfully complete a formal training program that includes the following:

(1) Instruction on the rules of procedure of the hearing that they will conduct;

(2) Orientation to each subject area of the code violations that they will administer;

(3) Observation of administrative hearings; and

(4) Participation in hypothetical cases, including rules on evidence and issuing final orders.

(B) In addition, every Hearing Officer must be an attorney licensed to practice law in the state for at least three years. (Ord. 1476, passed 1-26-1999)

§ 36.24 FINDINGS, DECISION AND ORDER.

(A) (1) At the conclusion of the hearing, the Hearing Officer shall make a determination on the basis of the evidence presented at the hearing as to whether or not a code violation exists. The determination shall be in writing and shall be designated as findings, decision and order.

(2) The findings, decision and order shall include:

(a) The Hearing Officer’s findings of fact;

(b) A decision of whether or not a code violation exists based upon the findings of fact; and Code and Ordinance Violations 77

(B) (1) A monetary sanction for a violation under this subchapter shall not exceed the amount provided for in ILCS Ch. 65, Act 5, § 1-2-1 in its current form and as amended from time to time. A copy of the findings, decision and order shall be served on the defendant within five days after it is issued.

(2) Service shall be in the same manner that the report form and summons are served hereunder. Payment of any penalty or fine and the disposition of fine money shall be in the same manner as set forth in the code unless the corporate authorities of the municipality provide otherwise. (Ord. 1476, passed 1-26-1999)

§ 36.25 REVIEW UNDER ADMINISTRATION REVIEW LAW.

The findings, decision and order of the Hearing Officer shall be subject to review in the Circuit Court of the county, in which the municipality’s principal office is located. The provisions of the Administrative Review Law and the rules adopted pursuant thereto shall apply to and govern every action for the judicial review of the findings, decisions and order of a Hearing Officer under this subchapter. (Ord. 1476, passed 1-26-1999)

§ 36.26 JUDGMENT ON FINDINGS, DECISION AND ORDER.

(A) A fine, other sanction or costs imposed, or part of any fine, other sanction or costs imposed, remaining unpaid after the exhaustion of, or the failure to exhaust, judicial review procedures under the Administrative Review Law shall be a debt due and owing the municipality and, as such, may be collected in accordance with applicable law.

(B) (1) After expiration of the period within which judicial review under the Administrative Review Law may be sought for a final determination of the code violation, the municipality may command a proceeding in the Circuit Court of the county, in which the municipality’s principal office is located, for purpose of obtaining a judgment of findings, decision and order.

(2) Nothing in this section shall prevent the municipality from consolidating multiple findings, decisions and orders against a person in a proceeding. Upon commencement of the action, the municipality shall file a certified copy of the findings, decision and order, which shall be accompanied by a certification that recites facts sufficient to show that the findings, decision and order was issued in accordance with this subchapter and the applicable city ordinances. Service of the summons and a copy of the petition may be by any method provided that the total amount of fines, other sanctions and costs imposed by the findings, decision and order does not exceed $2,500. 78 Madison - Administration

(3) If the court is satisfied that the findings, decision and order was entered in accordance with the requirements of this subchapter and the applicable city ordinance and that the defendant had an opportunity for a hearing under this subchapter and for judicial review as provided in this subchapter.

(a) The court shall render judgment in favor of the municipality and against the defendant for the amount indicated in the findings, decision and order, plus costs. The judgment shall have the same effect and may be enforced in the same manner and other judgments for the recovery of money.

(b) The court may also issue any other orders and injunctions that are requested by the municipality to enforce the order of the Hearing Officer to correct a code violation. (Ord. 1476, passed 1-26-1999)

§ 36.27 IMPACT ON EXISTING ADMINISTRATIVE ADJUDICATION SYSTEMS.

This subchapter shall not affect the validity of systems of administrative adjudication that were authorized by state law, including the municipality’s ordinances, and in existence prior to the effective date of this subchapter. (Ord. 1476, passed 1-26-1999) CHAPTER 37: CITY POLICIES

Section

Acceptance of Gifts; State Gift Ban Act

37.001 Adoption of Act 37.002 Ethics Officer 37.003 State Legislative Commission; complaints 37.004 Future amendments to Act

Sexual Harassment; Other Forms of Harassment

37.015 Work environment 37.016 Examples 37.017 Retaliation 37.018 Reporting procedure 37.019 Hearing procedure 37.020 Violations; penalties 37.021 Other legal recourse

Municipal Fees and Fines

37.035 Law enforcement agencies; holding facilities 37.036 Public records; reproduction and certification 37.037 Prosecution assessing fees 37.038 Demolition fees 37.039 Credit card fees

Drug and Alcohol Abuse Policies

37.050 Compliance procedures 37.051 Drug-free workplace

Official City Time; Adoption of Regulations

37.065 Daylight Savings Time; adoption 37.066 References; official time 37.067 Public buildings

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Americans with Disabilities Act Self-Evaluation and Transition Plan

37.075 Adoption of Americans with Disabilities Act self-evaluation and transition plan

Travel Expense Control Act

37.090 Travel Expense Control Act

Claims under PSEBA

37.105 Purpose 37.106 Definitions 37.107 Application procedure 37.108 Administrative composition 37.109 Administrative hearing Cross-reference: Ethics, see Ch. 40

ACCEPTANCE OF GIFTS; STATE GIFT BAN ACT

§ 37.001 ADOPTION OF ACT.

The State Gift Ban Act, hereinafter referred to as the “Act,” is hereby adopted by reference and incorporated herein as if set out in full. (Ord. 1488, passed 5-4-1999) Editor’s note: House Bill 3412, effective November 19, 2003, repealed ILCS Ch. 5, Act 425 (the Gift Ban Act)

§ 37.002 ETHICS OFFICER.

(A) To the extent authorized by law and to the extent required by ILCS Ch. 5, Act 425, § 35, the Mayor shall, with the advice and consent of the City Council, appoint annually a person to serve as the Ethics Officer of the city.

(B) The Ethics Officer’s duties shall be as providers in ILCS Ch. 5, Act 425, § 35. (Ord. 1488, passed 5-4-1999)

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§ 37.003 STATE LEGISLATIVE COMMISSION; COMPLAINTS.

All complaints for violations of the Act and this subchapter shall be filed with the State Legislative Ethics Commission, created by ILCS Ch. 5, Act 425, § 45(a)(6). (Ord. 1488, passed 5-4-1999)

§ 37.004 FUTURE AMENDMENTS TO ACT.

(A) Any amendment to the Act that becomes effective after the passage of this subchapter shall be incorporated into this subchapter by reference and shall be applicable to the solicitation and acceptance of gifts.

(B) However, any amendment that makes its provisions optional for adoption by municipalities shall not be incorporated into this subchapter by reference without formal action by the corporate authorities of the city. (Ord. 1488, passed 5-4-1999)

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SEXUAL HARASSMENT; OTHER FORMS OF HARASSMENT

§ 37.015 WORK ENVIRONMENT.

(A) It is the policy of the city that its employees have a right to work in an environment free of sexual and other forms of harassment from fellow employees and from non-employees.

(B) Sexual harassment in the workplace includes unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when:

(1) Submission to the conduct is made either explicitly or implicitly a term or condition of an individual’s employment;

(2) Submission to or rejection of the conduct by an individual is used as the basis for employment decisions affecting the individual; or

(3) The conduct has the purpose or effect of substantially interfering with the individual’s work performance or creating an intimidating, hostile or offensive work environment.

(C) (1) Other forms off harassment in the workplace include unwelcome verbal and/or non-verbal conduct based upon race, color, religion, national origin, age, handicap or other protected status, including, but not limited to ethnic jokes, slurs and name calling.

(2) The standards and procedures set forth in division (B) above for sexual harassment apply equally to these other forms of harassment.

(3) Any employee who believes that he or she is being subjected to sexual or other forms of harassment, is to immediately report the conduct to the city administration, as hereinafter provided. (Ord. 1475, passed 1-26-1999)

§ 37.016 EXAMPLES.

(A) Sexual or other forms of harassment prohibited by this policy includes verbal, non-verbal or physical conduct.

(B) The terms “intimidating,” “hostile” or “offensive,” as used above, include conduct which has the effect of humiliation, embarrassment or discomfort.

(1) Examples of verbal harassment include, but are not limited to:

(a) Explicit propositions;

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(b) Innuendo;

(d) Foul or obscene language;

(e) Insults of a sexual or of another protected status nature; and

(f) Humor or jokes about sex or of other protected status.

(2) Examples of non-verbal harassment include, but are not limited to:

(a) Suggestive or insulting sounds;

(b) Leering;

(d) Obscene gestures; or

(e) Display of foul or obscene printed or visual material.

(3) Examples of physical sexual harassment include, but are not limited to:

(a) Sexual touching;

(b) Patting or pinching of a sexual nature;

(d) Coerced sexual intercourse; and

(e) Sexual assault. (Ord. 1475, passed 1-26-1999)

§ 37.017 RETALIATION.

It is a violation of this policy for any employee to retaliate or to take reprisal in any way against anyone who has articulated any concern about sexual or other forms of harassment against the person raising the concern or against another individual. (Ord. 1475, passed 1-26-1999)

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§ 37.018 REPORTING PROCEDURE.

The following procedure shall be used by any employee who suspects that he or she has been subjected to sexual or other forms of harassment or retaliation.

(A) Step 1.

(1) Any employee, who suspects he or she is the victim of sexual or other forms of harassment or retaliation by another employee or non-employee, shall first present a written complaint within 90 days of the date of the sexual or other forms of harassment or retaliation to either the Mayor’s designate or to the employee’s immediate supervisor, who shall forward same immediately to the Mayor’s designate. If the Mayor’s designate or supervisor is the subject of the complaint, then the complaint should be presented directly to the Mayor.

(2) The complaint shall be specific as to the date, nature and type of sexual or other forms of harassment or retaliation complained of; how and when the sexual or other forms of harassment or retaliation affected the complaining employee’s work environment; and the names of any witnesses thereto.

(B) Step 2.

(1) The Mayor’s designate shall meet with the complainant and the alleged offender within five working days of receiving the complaint to discuss the allegations. If either the complainant or alleged offender choose to have a representative, then the Mayor’s designate may also have a representative; the meeting, however, shall be informal.

(2) The Mayor’s designate shall issue a written decision within five working days of the meeting.

(1) If the complainant or alleged offender is not satisfied with the Mayor’s designate’s decision, within five working days of the date of that decision, an appeal may be taken to the Mayor. The appeal shall be in writing and shall state the reasons for appealing the Mayor’s designate’s decision.

(2) (a) Within five working days of receiving the appeal or a complaint directly, the Mayor shall meet with the complainant, the alleged offender, the Mayor’s designate, any representatives and other persons determined to be necessary, to resolve the matter.

(b) The Mayor shall issue a written decision within ten working days of this meeting.

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(D) Step 4.

(1) If the complainant or the alleged offender is not satisfied with the Mayor’s decision, then within ten working days, an appeal of that decision may be made to the entire City Council. Such an appeal shall be in writing and be instituted by filing with the Clerk of the city a statement setting forth the reasons for the appeal.

(2) Within 20 working days of receiving an appeal, the City Council shall conduct a due process hearing on the allegations of sexual or other forms of harassment or retaliation. The rules of evidence shall not apply; however, hearsay evidence shall not be presented for proof of any ultimate facts.

(3) Within ten working days after the hearing, the City Council shall issue its written decision, which shall be a final decision of the city and subject to review under the Administrative Review Act, ILCS Ch. 735, Act 5, §§ 3-101 et seq. (Ord. 1475, passed 1-26-1999)

§ 37.019 HEARING PROCEDURE.

All meetings or hearings in Steps one through four in § 37.018 shall be held in private and at times convenient for the parties. In the event that the person designated to hear a complaint is the alleged offender, then the employee may immediately move to the next step of the procedure. At any step, the person or the entity hearing the complaint may conduct or direct the investigation as they deem appropriate, including obtaining a response from the alleged offender. There shall be no harassment or retaliation by any person involved in the process for any reason. (Ord. 1475, passed 1-26-1999)

§ 37.020 VIOLATIONS; PENALTIES.

(A) In Step two in § 37.018, any employee found to have sexually or otherwise harassed another employee in violation of the provisions of this subchapter or retaliated against an employee who alleged sexual or other forms of harassment in violation of the provisions of this subchapter will be subject to discipline up to and including a five-day suspension without pay.

(B) On complaints directed to the Mayor in Step three in § 37.018, any employee found to have sexually or otherwise harassed another employee in violation of the provisions of this subchapter or retaliated against an employee who alleged sexual or other harassment in violation of the provisions of this subchapter will be subject to discipline up to and including a 30-day suspension without pay or discharge, depending upon the facts presented.

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(C) In all appeal hearings pursuant to Steps three and four in § 37.018, the Mayor and City Council may sustain the prior decision, or may reverse the prior decision with instructions that the employee receive any loss pay for the period involved, or may suspend the employee for an additional 30 days or discharge the employee, depending upon the facts presented. (Ord. 1475, passed 1-26-1999)

§ 37.021 OTHER LEGAL RECOURSE.

(A) Any employee may also use the legal recourse, investigative and complaint process available through the State Department of Human Rights and Human Rights Commission.

(B) The address and telephone number are:

Illinois Department of Human Rights 222 South College, Room 101A Springfield, IL 62700 (217) 785-5100 (Ord. 1475, passed 1-26-1999)

MUNICIPAL FEES AND FINES

§ 37.035 LAW ENFORCEMENT AGENCIES; HOLDING FACILITIES.

(A) The City’s Police Department may refuse permission to any law enforcement agency to use the Police Department’s holding facilities for its detainee(s) who are determined, before or during their detention therein, to be unruly, disruptive, suicidal and/or in need of any special or medical service or treatment.

(B) (1) A fee of $30 per day shall be charged to any law enforcement agency which is permitted to use the City’s Police Department’s holding facilities because the agency does not have the facilities.

(2) This fee is calculated to reasonably reimburse the City’s Police Department for the expenses of maintenance and repair incurred and the supplies and/or meals necessitated by the use of the City’s Police Department’s holding facilities, but does not include therein the costs for any other services which may be provided by the city.

(C) Any law enforcement agency granted permission to use the City’s Police Department’s holding facilities shall remain solely and primarily responsible and liable for the providing of any special or medical needs of its detainee(s) and shall, upon request by the City’s Police Department, immediately

2019 S-12 86 Madison - Administration remove the detainee(s) from the City’s Police Department’s holding facilities when they become unruly, disruptive, suicidal and/or in need of any special or medical service or treatment. (Ord. 1390, passed 1-13-1998)

§ 37.036 PUBLIC RECORDS; REPRODUCTION AND CERTIFICATION.

(A) A schedule of fees for reproduction and/or certification of the public records of the city, which is calculated to reasonably reimburse the city for the city’s actual costs for reproducing and certifying public records and for the use, by any person, of the city’s equipment, material and/or supplies to copy the public records, and which does not include therein the costs for any search for and review of requested records is hereby established as follows:

(1) Reproductions/photo copies on paper 8½ inches by 11 inches and/or 8½ inches by 14 inches:

(a) Minimum fee, includes five pages: $2.50.

(b) Additional pages in excess of five pages: $.50 each.

(2) Certification:

(a) First record: $10.

(b) Additional records: $5 each.

(B) All requests to the city for reproduction and/or certification of the city’s public records must be accompanied with a non-refundable payment covering the costs or, in the event it is difficult to determine the actual costs because of the nature or volume of the request and/or the requested public documents, the estimated costs of reproduction and/or certification of the public records. In the event that the payment has been for estimated costs, the reproduced and/or certified public records shall not be delivered to the party requesting same until the costs for same has been determined and paid in full. Upon failure to pay any balance due the city for reproduction and/or certification of the public records, all payments made shall be deemed forfeited and applied as and for liquidated damages incurred by the city.

(C) In the event the corporate authorities of the city determine that a waiver or reduction of the fees established in division (A) above is in the public interest, the corporate authorities may provide that the requested documents and/or certifications be furnished without charge or at a reduced charge. Waiver

2019 S-12 City Policies 87 or reduction of the fee is in the public interest if the principal purpose of the request is to access and disseminate information regarding the health, safety and welfare or the legal rights of the general public and is not for the principal purpose of personal or commercial benefit. In setting the amount of the waiver or reduction, the corporate authorities may take into consideration the amount of materials requested and the costs of copying them. (Ord. 1257, passed 6-20-1995; Am. Ord. 1262, passed 8-1-1995)

§ 37.037 PROSECUTION ASSESSING FEES.

In all suits prosecuted by the city’s Legal Department, there shall be assessed a fee of $5 payable to the city. (Ord. 844, passed 9-1-1970)

§ 37.038 DEMOLITION FEES.

(A) The following fees are hereby established for demolition of structures within the corporate limits of the city by employees, agents and/or servants of the city:

(1) For the demolition of one and one-half or two level residential structures: $4,500.

(2) For the demolition of a one level residential structure: $4,500.

(3) For sheds, garages and other out buildings: $1,000 or time and material, whichever is greater.

(4) For commercial or industrial buildings of any kind or nature: Time and material.

(5) Time and material shall include all direct and indirect costs incurred by the city for labor, equipment and disposal of demolition debris and shall be determined by the Public Works Director.

(B) The fees, as set forth in division (A) above, shall be paid to the City Comptroller prior to the commencement of any demolition by city employees.

(C) The fees shall not be waived, except by action of the City Council, in open meeting, and after sufficient proof of an applicant’s inability to pay the fees is presented to the City Council. (Ord. 1124, passed 10-20-1987; Am. Ord. 1371, passed 8-12-1997; Am. Ord. 1694, passed 9-4-2007; Am. Ord. 1751, passed 12-4-2012)

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§ 37.039 CREDIT CARD FEES.

The greater of the following fees be charged on payments or charges made for city fees, goods and services paid by credit card:

(A) 2.25% of the cost of the fees and charges (per transaction); or

(B) A minimum of $1 per transaction. (Ord. 1820, passed 7-10-2018)

DRUG AND ALCOHOL ABUSE POLICIES

§ 37.050 COMPLIANCE PROCEDURES.

(A) The Mayor and City Council shall allow alcohol and tobacco compliance check procedures to be in full force and affect upon passage.

(B) A suitable copy of this shall be forwarded to the Chief of Police and Patrol Commander. (Res. 01-68, passed 10-9-2001)

(C) The city shall adopt appropriate drug and alcohol abuse policies. (Ord. 1272, passed 11-8-1995; Am. Ord. 1274, passed 12-5-1995)

§ 37.051 DRUG-FREE WORKPLACE.

(A) It is hereby declared to be the policy of the city that it will maintain a drug-free workplace and, in order to secure a workplace for the employees of the city, the terms and provisions of this section shall be and hereby are made, in addition to any other requirements the city may now have or hereafter add, conditions of employment for all employees of the city.

(B) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CONTROLLED SUBSTANCE. A controlled substance as defined in Schedules I through V of 21 USC 812, or as defined by the state in its statutes.

CONVICTION. A plea or finding of guilt (including, but not limited to a plea of nolo contendre) or the imposition of a sentence (including, but not limited to orders of supervision, conditional discharge and the like), or both, by any judicial body charged with the responsibility to determine violations of the federal or state criminal drug statutes.

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CRIMINAL DRUG STATUTE. A criminal statute involving manufacture, distribution, dispensation, use or possession of any controlled substance.

DRUG-FREE WORKPLACE. Any workplace where employees are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance.

EMPLOYEE. An employee of the city directly engaged in the performance of work for the city.

FEDERAL AGENCY. An agency, as that term is defined in 5 USC 552(f).

WORKPLACE. Any site for the performance of work by an employee, whether the performance of work is done inside or outside of the corporate boundaries of the city.

(C) The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance by an employee is strictly prohibited in the workplace.

(D) A drug-free awareness program shall be established by the Mayor and City Council to inform employees about:

(1) The dangers of drug abuse in the workplace;

(2) The city’s policy of maintaining a drug-free workplace;

(3) Any available drug counseling, rehabilitation and employee assistance programs; and

(4) The penalties that may be imposed upon employees for drug abuse violations.

(E) Any employee convicted of any criminal drug statute for a violation occurring in the workplace shall notify his or her department head or the Mayor, if he or she is or has no department head, no later than five days after the conviction.

(F) Any employee convicted of any criminal drug statute for a violation occurring in the workplace and/or failure to give notice, as required in division (E) above, will be for each action:

(1) Appropriately disciplined up to and including termination; or

(2) Required, if this is a first the conviction, to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, local health, law enforcement or other appropriate agency.

(G) Nothing in this section shall be construed to require the Police Department, a law enforcement agency, if the Chief of Police determines, in writing, it would be inappropriate in connection with the Police Department’s undercover operations, to comply with the provisions of this section.

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(H) An appropriate statement, captioned “Statement On A Drug-Free Workplace,” shall be prepared in compliance with the terms and provisions of this section and the Drug-Free Workplace Act of 1988, 41 USC 701 et seq., and served on each present employee of the city and each future employee of the city at the time of hiring. (Ord. 1224, passed 11-23-1993)

OFFICIAL CITY TIME; ADOPTION OF REGULATIONS

§ 37.065 DAYLIGHT SAVINGS TIME; ADOPTION.

United States standard time for the zone in which the city is located shall be the official time of the city, but if that time is not later than the mean astronomical time of the ninetieth degree of longitude west from Greenwich, the official time for the city shall be advanced one hour from 2 a.m. on the last Sunday in April until 2 a.m. on the last Sunday in October, in each year. (Ord. 593, passed 4-23-1946; Am. Ord. 706, passed 9-4-1956)

§ 37.066 REFERENCES; OFFICIAL TIME.

(A) (1) When reference is made to any time without qualification in any ordinance, resolution or order heretofore passed or which may be passed hereafter by the City Council or in any official notice, advertisement or document of the city or in any contract to which the city is a party, it shall be understood to refer to the official time of the city as herein described.

(2) When the words, “Daylight Saving Time” are used, the reference shall be to the advanced time herein prescribed as the official time from the last Sunday in April until the last Sunday in September.

(B) In all ordinances, resolutions or orders of the City Council and in all official notices, advertisements or documents of the city and in all contracts to which the city is a party relating to the time of performance of any act by any officer or department of the city or relating to the time with which any rights shall accrue or determine or within which any act shall or shall not be performed by any person, it shall be understood and intended that the time shall be the official time of the city as herein prescribed. (Ord. 593, passed 4-23-1946; Am. Ord. 706, passed 9-4-1956)

§ 37.067 PUBLIC BUILDINGS.

All clocks or other time-pieces in or upon public buildings or other premises maintained at the expense of the city shall be set and run according to the official time, as provided herein. It is hereby

2019 S-12 City Policies 90A made the duty of the officer or other person having control and charge of the building or buildings and premises that the clocks or other time-pieces are set and run in accordance with official time. (Ord. 593, passed 4-23-1946; Am. Ord. 706, passed 9-4-1956)

AMERICANS WITH DISABILITIES ACT SELF-EVALUATION AND TRANSITION PLAN

§ 37.075 ADOPTION OF AMERICANS WITH DISABILITIES ACT SELF-EVALUATION AND TRANSITION PLAN.

The self-evaluation and transition plan dated January 2015 for the city, prepared by Juneau Associates, Inc., P.C. and captioned, “Americans with Disabilities Act of 1990 Self-Evaluation and Transition Plan for Madison, IL,” a copy of which is attached to Ordinance 1772 and incorporated herein by reference, shall be and hereby is approved and adopted by the city. The plan is adopted herein by reference as if set forth fully herein, and is available for inspection in the city offices during normal business hours. (Ord. 1772, passed 3-10-2015)

TRAVEL EXPENSE CONTROL ACT

§ 37.090 TRAVEL EXPENSE CONTROL ACT.

(A) The City of Madison is a unit of local government which is not home rule, and is subject to the requirements of ILCS Ch. 55, Act 150, §§ 1 et seq.

(B) The City of Madison has enacted regulations for travel expenses to comply with the requirements of the zct.

(C) The City of Madison has adopted a standardized form (as attached to Ord. 18-14) to document the expenses for which payment or reimbursement is sought.

(D) The City of Madison establishes a threshold amount allowable for travel expense payment or reimbursement without a vote of the City Council in the amount of less than $750.

(E) The City of Madison has defined the types of official business for which travel expenses are allowed, as follows: To meet continuing education requirements, to attend LML, IMEA, IMUA, APPA, ITIA, EDC-Mid-America-Economic Development Council, and other conferences and meetings to attend

2019 S-12 90B Madison - Administration conferences or meetings for any organization of which the city is a member, to expand or enhance knowledge pertaining to government field of expertise through national or state recognized associations, to participate in state or national government related meetings, associations or forum which affect the city for training or education purposes, to meet with attorneys, professionals, engineers, architects, or advisors about city related business, any other event, meeting, conference, or training session which is directly related to the business of the city or which the city would directly benefit.

(F) The City of Madison has mandated that any employee, official or officer complete and submit the standard form (as attached to Ord. 18-14) and provide documentation for such travel expenses in order to seek payment or reimbursement.

(G) The City of Madison has mandated that payment or reimbursement of the travel expenses of any member of the City Council or an elected official of the City of Madison must be approved by a roll-call vote during an open meeting of the City Council.

(H) The City of Madison has mandated that the travel expenses of any employee, official or officer that exceed the maximum allowable amount under the regulation adopted must be approved by a roll-call vote during an open meeting of the City Council.

(I) The City of Madison has prohibited all payments or reimbursements for entertainment unless otherwise permitted as set forth in the act. (Ord. 18-14, passed 11-14-2017)

CLAIMS UNDER PSEBA

§ 37.105 PURPOSE.

The purpose of this chapter is to provide a fair and efficient method of determining the eligibility of a full-time employee for the benefits enumerated under PSEBA through an administrative process, including if necessary, an administrative hearing. (Ord. 1816, passed 2-20-2018)

§ 37.106 DEFINITIONS.

(A) For the purpose of this chapter, the following terms will have the following meanings. These definitions are derived from the federal Public Health and Welfare Act, which was enacted in 1944 and amended in 1984 to define, by inclusion or reference, the following terms.

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(B) For use in this chapter, provisions containing the words MAYOR, COMMISSIONER, ALDERMAN, or CITY COUNCIL also apply to the president, trustee, council member and boards of trustees so fax as the provisions are applicable to them.

CATASTROPHIC INJURY. An injury, the direct and proximate consequences of which permanently prevent an individual from performing any gainful work.

GAINFUL WORK. Full-or part-time activity that actually is compensated or commonly is compensated.

INJURY. A traumatic physical wound (or a traumatized physical condition of the body) directly and proximately caused by external force (such as bullets, explosives, sharp instruments, blunt objections, or physical blows), chemicals electricity, climate conditions, infectious disease, radiation, virii, or bacteria, but does not include:

(a) Any occupational disease; or

(b) Any condition of the body caused or occasioned by stress or strain. (Ord. 1816, passed 2-20-2018)

§ 37.107 APPLICATION PROCEDURE.

As noted by the Court in Englum, “while the Act contained substantive requirements for section 10 eligibility, the Act contained no procedural requirements for determining whether a former employee met the substantive criteria.” This chapter and the application procedure of this section establishes guidance on the proper procedural requirements for Public Safety Officers seeking PSEBA benefits in the city.

(A) Public safety officers, or family members(s) of an injured or deceased public safety officer. (“Applicant”) must file a full and complete PSEBA application in writing within 30 days of filing a pension claim with the city or within 30 days of the date of the adoption of this chapter in the event that an applicant has filed for a PSEBA claim prior to the date of adoption of this chapter, whichever is later, if the applicant is seeking benefits under PSEBA. The city shall notify applicant if the PSEBA application is incomplete and applicant shall have five days to remedy his/her application. Failure to timely file the full and complete application shall result in a forfeiture of the benefits under PSEBA by failure to properly submit a complete application.

(B) A complete PSEBA application includes the following:

(1) The name of the applicant, date of hire, detailed information regarding the incident, including information relating to how the injury was sustained in the line of duty (date, time, place, nature of injury, and other factual circumstances surrounding the incident giving rise to said claim);

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(2) The applicant's firsthand knowledge explaining, to the city's satisfaction, how the injury/death directly resulted from:

(a) Response to fresh pursuit;

(b) Response to what is reasonably believed to be an emergency;

(d) Participation during the investigation of a criminal act;

(3) A signed PSEBA medial authorization release which authorizes the collection of information related to the incident including, but not limited to, disability pension proceedings, worker's compensation records, and medical records and which specifies the name and address for pertinent health care provider(s);

(4) A signed PSEBA general information release specifying the name and signature of the Applicant or her/his authorized representative along with legal proof of said representation and name and signature of witness authorizing the collection of information pertinent to the incident review process;

(5) The name(s) of any witnesses to the incident;

(6) The name(s) of any witnesses the applicant intends to call at the PSEBA hearing;

(7) Information and supporting pension documentation filed with the appropriate pension board;

(8) Information which satisfies the PSEBA eligibility requirements; and

(9) Other sources of health insurance benefits currently enrolled in or received by the applicant and/or family members if the applicant is deceased.

(D) The PSEBA application must be sworn and notarized to certify the truthfulness of the content of the information. A review of the application shall not occur until the application is complete.

(E) On the date that the PSEBA application is deemed complete by the city, the completed application shall then be submitted to the city as the Preliminary Record, and a copy of the same shall be date stamped and provided to the applicant.

(F) Upon receipt of a complete application for PSEBA benefits, the city shall set the matter for an administrative hearing before a hearing officer to make a determination on whether to grant the applicant PSEBA benefits based on the result of the administrative hearing.

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(G) The applicant will be given written notice of the date for the scheduled administrative hearing to be served not less than ten days prior to the commencement of the hearing. If the applicant, upon receiving written notice of the administrative hearing, cannot attend said date, the applicant must contact the hearing officer in writing within seven days after being served. The hearing officer shall establish an alternative hearing date which is within 30 days of the original hearing date. Failure to appear at the administrative hearing shall result in denial of PSEBA benefits. (Ord. 1816, passed 2-20-2018)

§ 37.108 ADMINISTRATIVE COMPOSITION.

The administrative hearing shall be scheduled and conducted by a hearing officer whose authority and limitations are as follows:

(A) Authority of the hearing officer. The hearing officer shall have all of the authorities granted to her/him under common law relative to the conduct of an administrative hearing, including the authority to:

(1) Preside over city hearings involving PSEBA;

(2) Administer oaths;

(3) Hear testimony and accept evidence that is relevant to the issue of eligibility under PSEBA;

(4) Issue subpoenas to secure attendance of witnesses and the production of relevant papers or documents upon the request of the parties of then-representatives;

(5) Rule upon objections as to the admissibility of evidence;

(6) Preserve and authenticate the record of the hearing and all exhibits in evidence introduced at the hearing; and

(7) Issue a determination based on the evidence presented at the hearing, the determination of which shall be in writing and shall include written findings of fact, decision and order.

(B) Hearing officer. The Mayor, with the advice and consent of the City Council, is hereby authorized to appoint a person to hold the position of hearing officer for each hearing on PSEBA benefits that shall come before this city. In making said selection, the following information should be considered, at a minimum:

(1) The individual's ability to comply with the job description set forth herein; and

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(2) The individual must be an attorney licensed to practice law in the State of Illinois and have knowledge of and experience in employment and labor law, general civil procedure, the rules of evidence, and administrative practice. (Ord. 1816, passed 2-20-2018)

§ 37.109 ADMINISTRATIVE HEARING.

The system of administrative hearings for the determination of eligibility for benefits under PSEBA shall be initiated either by the city or by the applicant after the submission of a full and complete PSEBA application. An administrative hearing shall be held to adjudicate and determine whether the applicant is eligible for benefits under PSEBA. If the applicant is found eligible, the benefits shall be consistent with the act.

(A) Record. The city shall ensure that all hearings are attended by a certified court reporter and a transcript of all proceedings shall be made by said certified court reporter and a copy be provided to the applicant within 28 days of the date of the administrative hearing.

(B) Procedures. The city and the applicant shall be entitled to representation by counsel at said administrative hearing and present witnesses, testimony and documents, may cross-examine opposing witnesses, and may request the issuance of subpoenas to compel the appearance of relevant witnesses or the production of relevant documents.

(C) Evidence. The Illinois Rules of Evidence shall apply to the extent practicable unless, by such application, the hearing officer determines that application of the rule would be an injustice or preclude the introduction of evidence of the type commonly relied upon by a reasonably prudent person in the conduct of her or his affairs. Such determination shall be in the sole discretion of the hearing officer. The hearing officer must state on the record her or his reason for that determination.

(D) Final determination. A written determination by the hearing officer of whether the petitioning applicant is eligible for the benefits under PSEBA shall constitute a final administrative determination for the purpose of judicial review under the common law writ of certiorari.

(E) Burden of proof. At any administrative hearing, the applicant shall have the obligation and burden of proof to establish that the applicant is eligible and qualified to receive PSEBA benefits. The standard of proof in all hearings conducted under this chapter shall be by the preponderance of the evidence.

(F) Administrative records. All records pertaining to the administrative process shall be held in a separate file under the applicant's name with the city. (Ord. 1816, passed 2-20-2018)

2019 S-12 CHAPTER 38: PERSONNEL

Section

38.01 Adoption of regulations by reference

§ 38.01 ADOPTION OF REGULATIONS BY REFERENCE.

The city’s personnel regulations are hereby adopted by reference and incorporated herein as if set out in full.

91 92 Madison - Administration CHAPTER 39: EMERGENCY SERVICES AND DISASTER AGENCIES

Section

39.01 Creation of Board 39.02 Coordinator 39.03 Functions 39.04 Service as mobile support team 39.05 Agreement with other political subdivisions 39.06 Emergency action 39.07 Compensation 39.08 Reimbursement by state 39.09 Purchases and expenditures 39.10 Oath 39.11 Office space designated 39.12 Appropriation and tax levy 39.13 Rescue fees 39.14 Volunteer Fire Protection Assistance costs and fees

§ 39.01 CREATION OF BOARD.

(A) There is hereby created a board relating to Emergency Services and Disaster Agencies, known hereafter as ESDA, to prevent, minimize, repair and alleviate injury or damage resulting from disaster caused by enemy attack, sabotage or other hostile action, or from natural or man-made disaster, in accordance with the Emergency Management Agency Act of 1988, ILCS Ch. 20, Act 3305, §§ 1 et seq.

(B) This ESDA shall consist of the Coordinator and additional members as may be selected by the Coordinator. (Ord. 1552, passed 6-19-2001)

§ 39.02 COORDINATOR.

(A) The Coordinator of the ESDA shall be appointed by the Mayor and shall serve until removed by the same.

(B) The Coordinator shall have direct responsibility for the organization, administration, training and operation of the ESDA, subject to the direction and control of the Mayor as provided by statute.

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(C) In the event of the absence, resignation, death or inability to serve as the Coordinator, the Mayor or any person designated by him or her shall be and act as Coordinator until a new appointment is made as provided in this chapter. (Ord. 1552, passed 6-19-2001)

§ 39.03 FUNCTIONS.

(A) The ESDA shall perform ESDA functions within the city as shall be prescribed in and by the State ESDA plan and program, prepared by the Governor, and orders, rules and regulations, as may be promulgated by the Governor.

(B) The ESDA, in addition, shall perform duties outside the corporate limits as may be required pursuant to any mutual aid agreement with any other political subdivision, municipality or quasi- municipality entered into, as provided in the Emergency Management Agency Act of 1988, ILCS Ch. 20, Act 3305, §§ 1 et seq. (Ord. 1552, passed 6-19-2001)

§ 39.04 SERVICE AS MOBILE SUPPORT TEAM.

(A) All or any members of the city’s ESDA organization may be designated as members of a mobile support team created by the Director of the State Emergency Management Agency, as provided by law.

(B) The leader of the mobile support team shall be designated by the Coordinator of the City ESDA organization.

(C) (1) Any member of a mobile support team, who is a city employee or officer while serving on call to duty by the Governor or the Director of the State Emergency Management Agency, shall receive the compensation and have the powers, duties, rights and immunities incident to the employment or office.

(2) Any member who is not a paid officer or employee of the city, while so serving, shall receive from the state reasonable compensation, as provided by the law. (Ord. 1552, passed 6-19-2001)

§ 39.05 AGREEMENT WITH OTHER POLITICAL SUBDIVISIONS.

The Coordinator of ESDA may negotiate mutual aid agreements with other cities or political subdivisions of the state, but no agreement shall be effective until it has been approved by the Mayor and by the Director of the State Emergency Management Agency. (Ord. 1552, passed 6-19-2001) Emergency Services and Disaster Agencies 95

§ 39.06 EMERGENCY ACTION.

If the Governor proclaims that a disaster emergency exists in the event of actual enemy attack upon the United States or the occurrence within the state of a major disaster resulting from enemy sabotage or other hostile action, or from man-made or natural disaster, it shall be the duty of the City ESDA to cooperate fully with the state ESDA and with the Governor in the exercise of emergency powers as provided by law. (Ord. 1552, passed 6-19-2001)

§ 39.07 COMPENSATION.

Members of the ESDA who are paid employees or officers of the city, if called for training by the Director of the State Emergency Management Agency, shall receive for the time spent in the training the same rate of pay as is attached to the position held. Members who are not city employees or officers shall receive for the training time the compensation as may be established by the Mayor. (Ord. 1552, passed 6-19-2001)

§ 39.08 REIMBURSEMENT BY STATE.

The State Treasurer may receive and allocate to the appropriate fund, any reimbursement by the state to the city for expenses incident to training members of the ESDA as prescribed by the Director of the State Emergency Management Agency, compensation for services and expenses of members of a mobile support team while serving outside the city in response to a call by the Governor or Director of the State Emergency Management Agency, as provided by law, and any other reimbursement made by the state, incident to ESDA activities, as provided by law. (Ord. 1552, passed 6-19-2001)

§ 39.09 PURCHASES AND EXPENDITURES.

(A) The Mayor may, on recommendation of the City Coordinator of ESDA, authorize any purchase of contracts necessary to place the city in a position to combat effectively any disaster resulting from the explosion of any nuclear or other bomb or missile, and to protect the public health and safety, protect property and provide emergency assistance to victims in the case of the disaster or from man-made or natural disaster.

(B) In the event of enemy caused or other disaster, the City Coordinator of ESDA is authorized, on behalf of the city, to procure the services, supplies, equipment or material as may be necessary for such purposes, in view of the exigency without regard to the statutory procedures or formalities normally prescribed by law pertaining to city contracts or obligations, as authorized by the Emergency 96 Madison - Administration

Management Agency Act of 1988, ILCS Ch. 20, Act 3305, §§ 1 et seq. If the Mayor meets at the time, he or she shall act subject to the directions and restrictions imposed by that body. (Ord. 1552, passed 6-19-2001)

§ 39.10 OATH.

Every person appointed to serve in any capacity in the City ESDA organization shall, before entering upon his or her duties, subscribe to the following oath, which shall be filed with the Coordinator:

“I, , do solemnly swear that I will support and defend and bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of Illinois, and the territory, institutions, and facilities thereof, both public and private, against all enemies, foreign and domestic; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. And I do further swear (or affirm) that I do not advocate, nor am I nor have I been a member of any political party or organization that advocates the overthrow of the government of the United States or of this State by force or violence; and that during such time as I am affiliated with the ESDA organization, I will not advocate nor become a member of any political party or organization that advocates the overthrow of the government of the United States or of this State by force or violence.” (Ord. 1552, passed 6-19-2001)

§ 39.11 OFFICE SPACE DESIGNATED.

The Mayor is authorized to designate space in a city building, or elsewhere, as may be provided for by the Mayor for the City ESDA as its office. (Ord. 1552, passed 6-19-2001)

§ 39.12 APPROPRIATION AND TAX LEVY.

The Mayor may make an appropriation for ESDA purposes in the manner provided by law, and may levy in addition for ESDA purposes only, a tax not to exceed $.05 per $100 of the assessed value of all taxable property in addition to all other taxes, as provided by the Emergency Management Agency Act of 1988, ILCS Ch. 20, Act 3305, §§ 1 et seq., however, that amount collectible under the levy shall, in no event, exceed $.25 per capita. (Ord. 1552, passed 6-19-2001) Emergency Services and Disaster Agencies 96A

§ 39.13 RESCUE FEES.

Pursuant to ILCS Ch. 65, Act 5, § 11-6-5 and ILCS Ch. 65, Act 5, § 11-6-6, parties as defined in said legislation shall be charged for specialized and technical rescue services at the rate of $125 per hour, per vehicle, and $35 per hour, per firefighter involved in providing such services. (Ord. 1824, passed 8-21-2018)

§ 39.14 VOLUNTEER FIRE PROTECTION ASSISTANCE COSTS AND FEES.

Pursuant to ILCS Ch. 65, Act 5, § 11-6-10, parties defined in said legislation shall be charged for volunteer fire protection assistance services at a rate of $250 per hour for apparatus and $70 per hour per firefighter responding to a call for assistance. An additional charge may be levied to reimburse the district for extraordinary expenses of material used in rendering suck services. No charge shall be made for services for which the total amount would be less than $50. (Ord. 1826, passed 10-2-2018)

2019 S-12 96B Madison - Administration CHAPTER 40: ETHICS

Section

40.01 Definitions 40.02 Prohibited political activities 40.03 Gift ban

40.99 Penalty Cross-reference: Acceptance of gifts; state gift ban act, see §§ 37.01 - 37.04

§ 40.01 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context indicates or clearly requires a different meaning.

CAMPAIGN FOR ELECTIVE OFFICE. Any activity in furtherance of an effort to influence the selection, nomination, election, or appointment of any individual to any federal, state, or local public office or office in a political organization, or the selection, nomination, or election of Presidential or Vice-Presidential electors, but does not include activities (i) relating to the support or opposition of any executive, legislative, or administrative action, (ii) relating to collective bargaining, or (iii) that are otherwise in furtherance of the person’s official duties.

CANDIDATE. A person who has filed nominating papers or petitions for nomination or election to an elected office, or who has been appointed to fill a vacancy in nomination, and who remains eligible for placement on the ballot at a regular election, as defined in ILCS Ch. 10, Act 5, §§ 1-3.

COLLECTIVE BARGAINING. Has the same meaning as that term is defined in ILCS Ch. 5, Act 315, § 3.

COMPENSATED TIME. With respect to an employee, any time worked by or credited to the employee that counts toward any minimum work time requirement imposed as a condition of his or her employment, but for purposes of this chapter, does not include any designated holidays, vacation periods, personal time, compensatory time off or any period when the employee is on a leave of absence. With respect to officers or employees whose hours are not fixed, COMPENSATED TIME includes any period of time when the officer is on premises under the control of the employer and any other time when the officer or employee is executing his or her official duties, regardless of location.

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COMPENSATORY TIME OFF. Authorized time off earned by or awarded to an employee to compensate in whole or in part for time worked in excess of the minimum work time required of that employee as a condition of his or her employment.

CONTRIBUTION. Has the same meaning as that term is defined in ILCS Ch. 10, Act 5, § 9-1.4.

EMPLOYEE. A person employed by the City of Madison, whether on a full-time or part-time basis or pursuant to a contract, whose duties are subject to the direction and control of an employer with regard to the material details of how the work is to be performed, but does not include an independent contractor.

EMPLOYER. The City of Madison.

GIFT. Any gratuity, discount, entertainment, hospitality, loan, forbearance, or other tangible or intangible item having monetary value including, but not limited to, cash, food and drink, and honoraria for speaking engagements related to or attributable to government employment or the official position of an officer or employee.

LEAVE OF ABSENCE. Any period during which an employee does not receive (i) compensation for employment, (ii) service credit towards pension benefits, and (iii) health insurance benefits paid for by the employer.

OFFICER. A person who holds, by election or appointment, an office created by statute or ordinance, regardless of whether the officer is compensated for service in his or her official capacity.

POLITICAL ACTIVITY. Any activity in support of or in connection with any campaign for elective office or any political organization, but does not include activities (i) relating to the support or opposition of any executive, legislative, or administrative action, (ii) relating to collective bargaining, or (iii) that are otherwise in furtherance of the person’s official duties.

POLITICAL ORGANIZATION. A party, committee, association, fund, or other organization (whether or not incorporated) that is required to file a statement of organization with the State Board of Elections or a county clerk under ILCS Ch. 10, Act 5, § 9-3, but only with regard to those activities that require filing with the State Board of Elections or a county clerk.

PROHIBITED POLITICAL ACTIVITY. Means:

(1) Preparing for, organizing, or participating in any political meeting, political rally, political demonstration, or other political event.

(2) Soliciting contributions, including but not limited to the purchase of, selling, distributing, or receiving payment for tickets for any political fundraiser, political meeting, or other political event.

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(3) Soliciting, planning the solicitation of, or preparing any document or report regarding anything of value intended as a campaign contribution.

(4) Planning, conducting, or participating in a public opinion poll in connection with a campaign for elective office or on behalf of a political organization for political purposes or for or against any referendum question.

(5) Surveying or gathering information from potential or actual voters in an election to determine probable vote outcome in connection with a campaign for elective office or on behalf of a political organization for political purposes or for or against any referendum question.

(6) Assisting at the polls on election day on behalf of any political organization or candidate for elective office or for or against any referendum question.

(7) Soliciting votes on behalf of a candidate for elective office or a political organization or for or against any referendum question or helping in an effort to get voters to the polls.

(8) Initiating for circulation, preparing, circulating, reviewing, or filing any petition on behalf of a candidate for elective office or for or against any referendum question.

(9) Making contributions on behalf of any candidate for elective office in that capacity or in connection with a campaign for elective office.

(10) Preparing or reviewing responses to candidate questionnaires.

(11) Distributing, preparing for distribution, or mailing campaign literature, campaign signs, or other campaign material on behalf of any candidate for elective office or for or against any referendum question.

(12) Campaigning for any elective office or for or against any referendum question.

(13) Managing or working on a campaign for elective office or for or against any referendum question.

(14) Serving as a delegate, alternate, or proxy to a political party convention.

(15) Participating in any recount or challenge to the outcome of any election.

PROHIBITED SOURCE. Any person or entity who:

(1) Is seeking official action (i) by an officer or (ii) by an employee, or by the officer or another employee directing that employee;

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(2) Does business or seeks to do business (i) with the officer or (ii) with an employee, or with the officer or another employee directing that employee;

(3) Conducts activities regulated (i) by the officer or (ii) by an employee, or by the officer or another employee directing that employee; or

(4) Has interests that may be substantially affected by the performance or non-performance of the official duties of the officer or employee. (Ord. 1634, passed 4-20-2004)

§ 40.02 PROHIBITED POLITICAL ACTIVITIES.

(A) No officer or employee shall intentionally perform any prohibited political activity during any compensated time, as defined herein. No officer or employee shall intentionally use any property or resources of the City of Madison in connection with any prohibited political activity.

(B) At no time shall any officer or employee intentionally require any other officer or employer to perform any prohibited political activity (i) as part of that officer or employee’s duties, (ii) as a condition of employment, or (iii) during any compensated time off (such as holidays, vacation or personal time off).

(C) No officer or employee shall be required at any time to participate in any prohibited political activity in consideration for that officer or employee being awarded additional compensation or any benefit, whether in the form of a salary adjustment, bonus, compensatory time off, continued employment or otherwise, nor shall any officer or employee be awarded additional compensation or any benefit in consideration for his or her participation in any prohibited political activity.

(D) Nothing in this section prohibits activities that are permissible for an officer or employee to engage in as part of his or her official duties, or activities that are undertaken by an officer or employee on a voluntary basis which are not prohibited by this chapter.

(E) No person either (i) in a position that is subject to recognized merit principles of public employment or (ii) in a position the salary for which is paid in whole or in part by federal funds and that is subject to the Federal Standards for a Merit System of Personnel Administration applicable to grant-in-aid programs, shall be denied or deprived of employment or tenure solely because he or she is a member or an officer of a political committee, of a political party, or of a political organization or club. (Ord. 1634, passed 4-20-2004) 2004 S-2 Ethics 101

§ 40.03 GIFT BAN.

(A) Gift ban. Except as permitted by this section, no officer or employee, and no spouse of or immediate family member living with any officer or employee (collectively referred to herein as “recipients”), shall intentionally solicit or accept any gift from any prohibited source, as defined herein, or which is otherwise prohibited by law or ordinance. No prohibited source shall intentionally offer or make a gift that violates this section.

(B) Exceptions. Division (A) of this section is not applicable to the following:

(1) Opportunities, benefits, and services that are available on the same conditions as for the general public.

(2) Anything for which the officer or employee, or his or her spouse or immediate family member, pays the fair market value.

(3) Any (i) contribution that is lawfully made under the Election Code or (ii) activities associated with a fundraising event in support of a political organization or candidate.

(4) Educational materials and missions.

(5) Travel expenses for a meeting to discuss business.

(6) A gift from a relative, meaning those people related to the individual as father, mother, son, daughter, brother, sister, uncle, aunt, great aunt, great uncle, first cousin, nephew, niece, husband, wife, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, and including the father, mother, grandfather, or grandmother of the individual's spouse and the individual's fiancé or fiancee.

(7) Anything provided by an individual on the basis of a personal friendship unless the recipient has reason to believe that, under the circumstances, the gift was provided because of the official position or employment of the recipient or his or her spouse or immediate family member and not because of the personal friendship. In determining whether a gift is provided on the basis of personal friendship, the recipient shall consider the circumstances under which the gift was offered, such as: (i) the history of the relationship between the individual giving the gift and the recipient of the gift, including any previous exchange of gifts between those individuals; (ii) whether to the actual knowledge of the recipient the individual who gave the gift personally paid for the gift or sought a tax deduction or business reimbursement for the gift; and (iii) whether to the actual knowledge of the recipient the individual who gave the gift also at the same time gave the same or similar gifts to other officers or employees, or their spouses or immediate family members.

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(8) Food or refreshments not exceeding $75 per person in value on a single calendar day; provided that the food or refreshments are (i) consumed on the premises from which they were purchased or prepared or (ii) catered. For the purposes of this section, “catered” means food or refreshments that are purchased ready to consume which are delivered by any means.

(9) Food, refreshments, lodging, transportation, and other benefits resulting from outside business or employment activities (or outside activities that are not connected to the official duties of an officer or employee), if the benefits have not been offered or enhanced because of the official position or employment of the officer or employee, and are customarily provided to others in similar circumstances.

(10) Intra-governmental and inter-governmental gifts. For the purpose of this Act, “intra- governmental gift” means any gift given to an officer or employee from another officer or employee, and “inter-governmental gift” means any gift given to an officer or employee by an officer or employee of another governmental entity.

(11) Bequests, inheritances, and other transfers at death.

(12) Any item or items from any one prohibited source during any calendar year having a cumulative total value of less than $100.

Each of the exceptions listed in this Section is mutually exclusive and independent of every other.

(C) Disposition of gifts. An officer or employee, his or her spouse or an immediate family member living with the officer or employee, does not violate this section if the recipient promptly takes reasonable action to return a gift from a prohibited source to its source or gives the gift or an amount equal to its value to an appropriate charity that is exempt from income taxation under Section 501 (c)(3) of the Internal Revenue Code of 1986, as now or hereafter amended, renumbered, or succeeded. (Ord. 1634, passed 4-20-2004)

§ 40.99 PENALTY.

(A) A person who intentionally violates any provision of § 40.02 of this chapter may be punished by a term of incarceration in a penal institution other than a penitentiary for a period of not more than 364 days, and maybe fined in an amount not to exceed $2,500.

(B) A person who intentionally violates any provision of § 40.03 of this chapter is subject to a fine in an amount of not less than $1,001 and not more than $5,000.

(C) Any person who intentionally makes a false report alleging a violation of any provision of this chapter to the local enforcement authorities, the State's Attorney or any other law enforcement official may be punished by a term of incarceration in a penal institution other than a penitentiary for a period of not more than 364 days, and may be fined in an amount not to exceed $2,500. 2004 S-2 Ethics 103

(D) A violation of § 40.02 of this chapter shall be prosecuted as a criminal offense by an attorney for the City of Madison by filing in the circuit court an information, or sworn complaint, charging such offense. The prosecution shall be under and conform to the rules of criminal procedure. Conviction shall require the establishment of the guilt of the defendant beyond a reasonable doubt.

(E) A violation of § 40.03 of this chapter may be prosecuted as a quasi-criminal offense by an attorney for the City of Madison, or, if an Ethics Commission has been created, by the Commission through the designated administrative procedure.

(F) In addition to any other penalty that may be applicable, whether criminal or civil, an officer or employee who intentionally violates any provision of § 40.02 or § 40.03 of this chapter is subject to discipline or discharge. (Ord. 1634, passed 4-20-2004)

2004 S-2 104 Madison - Administration CHAPTER 41: CIVIL EMERGENCIES

Section

41.01 Definitions 41.02 Declaration 41.03 Curfew authorized 41.04 Orders authorized 41.05 Duration 41.06 Notice 41.07 Violations

§ 41.01 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CURFEW. A prohibition against any person walking, running, loitering, standing or motoring upon any alley, street, highway, public property or vacant premises within the corporate limits of the city except officials of any governmental unit and persons officially designated to duty with reference to said civil emergency.

EMERGENCY.

(1) A riot or unlawful assembly characterized by the use of actual force or violence or any threat to use force if accompanied by immediate power to execute by three or more persons acting together without authority of law; or

(2) Any natural disaster, epidemic, or manmade calamity, including outbreak of disease, flood, conflagration, cyclone, tornado, earthquake or explosion, or eminent threat of any of those events within the corporate limits of the city, resulting in or threatening the death or injury of persons or the destruction of property to such an extent that extraordinary measures must be taken to protect the public health, safety and welfare. (Ord. 1846, passed 3-17-2020)

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§ 41.02 DECLARATION.

Whenever an emergency exists, as defined in § 41.01, the Mayor is authorized to declare the existence of a Local State of Emergency by means of a written declaration of the Mayor, under oath, setting forth the facts which constitute the emergency, describing the nature of the emergency and declaring that a Local State of Emergency exists in accordance with the definitions set forth in this chapter. This declaration must be filed with the City Clerk as soon as practicable after issuance. (Ord. 1846, passed 3-17-2020)

§ 41.03 CURFEW AUTHORIZED.

After proclamation of a Local State of Emergency by the Mayor, he or she may order a general curfew applicable to such geographical areas of the city or to the city as a whole, as he or she deems reasonable and advisable, and applicable during such hours of the day or night as he or she deems necessary in the interest of the public safety and welfare. (Ord. 1846, passed 3-17-2020)

§ 41.04 ORDERS AUTHORIZED.

After the proclamation of a Local State of Emergency, the Mayor may also, in the interest of public safety and welfare, and to address the issue caused or threatened by the emergency, take any or all of the following actions by executive order during the state of emergency:

(A) All actions reasonably necessary to respond to the emergency;

(B) Approve previously appropriated expenditures of the city for the purpose of continuing the operations of the municipality;

(C) In the event the Local State of Emergency extends beyond the current fiscal year and a new budget has not been approved, the Mayor shall be authorized to approve new spending by the city during the existence of the Local State of Emergency;

(D) Order for the closing of all retail liquor stores, including taverns and private clubs or portions thereof wherein the consumption of intoxicating liquor and beer is permitted;

(E) Order for the discontinuance of the sale of alcoholic liquor by any wholesaler or retailer;

(F) Order for the discontinuance of selling, distributing or giving away gasoline or other liquid flammable or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle;

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(G) Order for the discontinuance of selling, distributing, dispensing or giving away of any firearms or ammunition of any character whatsoever. (Ord. 1846, passed 3-17-2020)

§ 41.05 DURATION.

The declaration herein authorized shall be effective for a period of up to 30 days or until the adjournment of the next regular or special meeting of the City Council, whichever comes first, unless sooner terminated by a proclamation of the Mayor or his or her interim emergency successor, indicating that the civil emergency no longer exists. The Mayor or his or her interim emergency successor, shall have the power to re-proclaim the existence of an emergency at the end of each 30 day period during the time said emergency exists. (Ord. 1846, passed 3-17-2020)

§ 41.06 NOTICE.

Upon issuing the proclamation herein authorized, the municipal clerk shall notify the news media situated within the city, and shall cause at least four copies of the proclamation declaring the existence of the emergency and any curfew to be posted at the following places within the city: the city hall, the police station, the post office, and in the area of any curfew. (Ord. 1846, passed 3-17-2020)

§ 41.07 VIOLATIONS.

Any person violating the provisions of this section or executive orders issued pursuant hereto shall be guilty of an offense against the city and shall be punished as provided in § 10.99. (Ord. 1846, passed 3-17-2020)

2021 S-13 108 Madison - Administration TITLE V: PUBLIC WORKS

Chapter

50. GARBAGE

51. SEWERS

1 2 Madison - Public Works CHAPTER 50: GARBAGE

Section

50.01 Monthly charge 50.02 Exclusive method of garbage and refuse disposition 50.03 Billing; payment 50.04 Notice required for transfer 50.05 Liability 50.06 Vacant dwelling units 50.07 Containers 50.08 Definition; certain locations 50.09 Special pickup regulations

50.99 Penalty Cross-reference: Health and Sanitation; Nuisances, see Ch. 95

§ 50.01 MONTHLY CHARGE.

(A) A monthly rate and charge of $12 shall be collected from each and every residential dwelling unit in a single-family or multiple-family residential dwelling located within the city, except as hereinafter provided for a building used as a multiple-family residential dwelling with four or more residential dwelling units therein, for the services provided by the city in the collection and pickup of garbage and refuse.

(B) Disposal of refuse and debris, as defined, such as, but not limited to indoor and/or outdoor residential fixtures, appliances, furnishings, junk, debris from remodeling and/or repair of any building or structure and the like shall be done separate and apart from the collection and pickup of garbage and refuse as provided hereby.

(C) (1) For a building used as a multiple-family residential dwelling with four or more residential dwelling units therein, the city may, at its option, provide or the owner(s) of the building may request dumpster service for the building instead of individual garbage/refuse container service for each unit as follows:

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Number of Residential Minimum Cubic Yard Costs/Month Dwellings in Joint Use Container

Four to ten Two $36 11 to 20 Three $63 21 and over Four $81 Six $117 Greater than six-use combination(s) of above to arrive at appropriate number, size, and costs of Cubic Yard Containers

(2) Rates and charges, as stated above, shall be made and collected against each and every owner and/or occupant of a single family and multiple family residential dwelling and/or unit, as the case may be, situated in the city.

(3) (a) When there is a building with a residential dwelling use and/or uses in conjunction with a commercial and/or business uses, hereinafter referred to as a joint use, the owner(s) and/or occupant(s) of the building which is subject to the joint use may request that dumpster service, up to but not exceeding a six cubic yard capacity, be provided by the city as follows:

Number of Units of Residential Minimum Joint Use Cubic Yard Dwelling in Joint Use Container

One One Two to five Two Six to eight Three Nine and over Use combination(s) of above to arrive at appropriate number, size and costs of cubic yard containers

(b) For the collection and pick-up of garbage and refuse for the joint use building at a charge of $9 per month for each and every residential dwelling unit in the joint use building, plus a minimum commercial business fee of $20 per month for each commercial and/or business use located in the joint use building.

(4) If additional dumpsters are required for the joint use building, then the city may provide one additional dumpster, up to but not exceeding six cubic yard capacity, for each commercial and/or business entity in the joint use building on an “as available basis” at the city’s commercial /business rate for same as follows: Garbage 5

Cubic Yard Container Cost/Month

One $24 Two to four $34 Six $44

(5) The owner(s) and/or occupant(s) of a residential dwelling unit, who has been given a special use permit for home occupation under Ch. 155 of this code of ordinances, as amended, and needs and uses only the garbage/refuse container for a dwelling unit, shall pay only a monthly residential dwelling unit rate as provided herein. However, if there is a need for a garbage/refuse container larger than the city’s regular garbage/refuse container for a dwelling unit, the owner(s) and/or occupant(s) shall comply with and pay the charges for joint use, as provided herein.

(D) All garbage and refuse must be placed in and only in the garbage/refuse container or dumpster, provided by the city for a building used as a single-family or multiple-family residential dwelling; as a residential dwelling unit with a home occupation; or for joint use, with the lid closed and not on, around or about the container or dumpster, except that a residential dwelling unit from time to time, but not on a regular basis, may place its overflow garbage or refuse in another container that is closed and/or secured for pick-up.

(E) (1) The city, upon the request of the owner or occupant of any residence or business in the city and following the payment of the fees prescribed below, will provide a roll-off dumpster for the disposal of refuse, garbage and debris as defined by and provided in Ordinance 1125, Ordinance 1218, Ordinance 1220, Ordinance 1229, Ordinance 1237 and Ordinance 1251. Any items that require special handling or disposal pursuant to federal, state or any other governmental agency laws, regulations or rules dealing with environmental protection shall not be placed in the roll-off dumpsters. It being the intent of the city that handling and/or disposal of those items shall remain the sole duty and obligation of the owner of same.

(2) The following roll-off dumpsters may be rented for seven days with the indicated fee:

20-yard dumpster $240 30-yard dumpster $270 40-yard dumpster $300

(3) The above fee includes deliver, pick-up and a one time dump at a landfill within the first seven days. Each day the renter keeps the dumpster after seven days will be charged a rate of $10 per day. Each dump after the first dump within the rental period shall be charged at a rate of $150 per dump to be paid when the dumpster is returned to the residence or business. No dumpster shall be filled higher

2010 S-8 6 Madison - Public Works than its walls and the renter shall take steps necessary to ensure the refuse, garbage and debris will stay confined to the dumpster at all times including during transport to a landfill. (Ord. 1253, passed 1-17-1995; Am. Ord. 1291, passed 1-30-1996; Am. Ord. 1343, passed 12-5-1996; Am. Ord. 1718, passed 11-24-2009)

§ 50.02 EXCLUSIVE METHOD OF GARBAGE AND REFUSE DISPOSITION.

(A) The garbage and refuse collection services provided by the city by this chapter shall be the exclusive method for disposition of garbage and refuse from single-family and multiple-family residential dwelling units within the city’s corporate limits even if the premise upon which the residential dwelling unit is located is used in conjunction with other commercial, business and/or industrial uses, except for disposal of refuse and debris, as provided in § 50.09, such as but not limited to indoor and/or outdoor residential fixtures, appliances, furnishings, junk, debris from remodeling and/or repair of any building or structure and the like.

(B) (1) Bills for the rates and charges herein established shall be sent out on a quarterly basis on the first day of January, April, July and September.

(2) All bills shall be payable at the office of the City Comptroller and shall be the responsibility, jointly and severally, of the owner(s) and/or occupant(s) of the single-family or multiple- family residential dwelling unit, the residential dwelling unit with a home occupation and/or the joint use premise. (Ord. 1253, passed 1-17-1995; Am. Ord. 1291, passed 1-30-1996; Am. Ord. 1343, passed 12-5-1996)

§ 50.03 BILLING; PAYMENT.

(A) (1) All bills rendered pursuant to this chapter shall be payable within 20 days after the date they are mailed. If any charges for the collection and pick-up of garbage and refuse shall not be paid within 20 days after the bill is mailed out, a delinquent payment charge of 2% of the amount of the bill shall be added thereto and collected therewith for each month that the charge remains unpaid. Payments when made shall be first applied to the most recent unpaid bill, then applied to the next most recent unpaid bill, and then continue to be applied in that order until the oldest unpaid bill is finally paid and paid last.

(2) When payment of any joint use commercial or business bill falls 120 days in arrears, the city may terminate immediately the garbage and refuse service to the commercial or business entity to whom the bill was issued and/or proceed against the owner(s) and/or occupant(s) in the same manner as if it was a residential dwelling unit.

2010 S-8 Garbage 6A

(B) If any payments made by check for garbage and refuse collection fees and the like are returned by the financial institution upon which they are drawn, a $20 handling charge will be added to the account for the dwelling unit for which the payment was made and the owner or occupant and user shall be jointly and severally liable for payment of same. In addition, no further payments by check will be accepted by the city from the maker of the returned check.

(C) All revenues collected from the garbage and refuse collection fee shall be placed in the General Corporate Fund of the city, except that one-third of the revenues upon deposit, up to but not exceeding $70,000, shall be immediately transferred from the General Corporate Fund to a newly created Depreciation Fund, separate and apart from all other funds of the city, as provided in ILCS Ch. 65, Act 5, § 11-19-4, to be used to provide equipment, supplies and material for the garbage and refuse collection provided by the city. (Ord. 1253, passed 1-17-1995; Am. Ord. 1291, passed 1-30-1996; Am. Ord. 1343, passed 12-5-1996)

§ 50.04 NOTICE REQUIRED FOR TRANSFER.

(A) It shall be the duty of the owner of any single-family or multiple-family residential dwelling unit located within the city or any owner of a joint use premise who has requested and is receiving the aforesaid garbage and refuse service to give written notice to the Comptroller of the city of the transfer of the title of the single-family or multiple-family residential dwelling unit or joint use premise within ten days after the effective date of the transfer and until the notice is given the former owner shall also be jointly and severally liable, along with the new owner and occupant, for any bill for the service sent in the former owner’s or occupant’s name.

(B) It shall be the duty of every licensed real estate broker or agent in any transaction wherein he or she represents either the buyer or the seller of single-family or multiple-family residential dwelling unit or joint use premise to give written notice on behalf of his or her principal to the Comptroller of the city of the transfer of the title of any single-family or multiple-family residential dwelling unit or joint use premise within the corporate limits of the city within ten days after the effective date of the transfer.

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(C) Notice required herein shall contain the legal description of the property, the street address, if there is one, the former title holder, the new title holder and the effective date of the transfer. (Ord. 1253, passed 1-17-1995; Am. Ord. 1291, passed 1-30-1996; Am. Ord. 1343, passed 12-5-1996)

§ 50.05 LIABILITY.

(A) The owner of any lot, parcel of land, premises or dwelling unit receiving the aforesaid services of garbage and refuse collection by the city, the occupant of the premises and the user of the services shall be jointly and severally liable for the payment of the costs for the services to the lot, parcel of land or premises and all services are rendered to the premises by the city only on the condition that the owner or occupant and user shall be jointly and severally liable therefore to the city.

(B) (1) In the event that any charge or rate for garbage and refuse collection is not paid within 20 days after a bill for the same has been sent out, the charge shall be deemed and is hereby declared to be delinquent. The delinquency shall constitute a lien upon the real estate for which the services were supplied and the City Comptroller shall, not less than 30 days after the date of the delinquency, file a notice of the lien in the office of the County Recorder of Deeds and all costs of filing and releasing the lien shall be charged against the delinquent owner, user and/or occupant.

(2) This notice shall consist of a sworn statement of the Comptroller setting forth:

(a) A description of the real estate sufficient for the identification thereof;

(b) The amount of money due for the garbage and refuse collection by the city, including delinquency charges; and

(C) The city shall also have the power from time to time to sue the owner, occupant and/or user of that real estate in a civil action to recover money for any garbage and refuse collection charges, including delinquencies, plus court costs and a reasonable attorney’s fee to be fixed by the court. (Ord. 1253, passed 1-17-1995; Am. Ord. 1291, passed 1-30-1996; Am. Ord. 1343, passed 12-5-1996)

§ 50.06 VACANT DWELLING UNITS.

(A) Whenever a dwelling unit is vacant for a continuous period of 30 days or longer or the dwelling unit becomes inhabitable because of fire or other causes beyond the control of the owner, an abatement of the garbage and refuse collection charges for the dwelling unit may be issued upon inspection of the dwelling unit by the city’s Building Inspector or his or her assistant.

(B) Before any abatement is granted, a $5 inspection must be paid to the City Comptroller before any inspection and a request must be made in writing and contain the reasons for abatement; the name, 8 Madison - Public Works address and phone number of the applicant; agreement to allow during any granted abatement period inspection of the dwelling unit by the city upon 24-hour notice or other time mutually agreed to, but not exceeding 72 hours from the time of the notice, to confirm that the dwelling unit is still vacant or inhabitable; and provide copies of the monthly utility bills, if any, during the abatement period to the City Building Inspector within ten days of the date of the bills; agreement to keep the dwelling unit vacant during the abatement period; and agreement that any violation of any one or more of the provisions for abatement will make the abatement null and void and all charges, fees, penalties and interests for garbage and refuse collection and non-payment of same shall immediately be assessed and become due and payable for the dwelling unit.

(C) (1) Upon the granting of any abatement request, the Building Inspector shall immediately notify the Superintendent of Streets who shall cause the city garbage/refuse container for the dwelling unit to be picked up until the abatement is terminated.

(2) No garbage or refuse collection services will be given the dwelling unit during the abatement period without an additional fee as provided by other ordinances of the city.

(D) Any abatement request that is allowed will only be effective where the dwelling unit has been vacant or inhabitable for an entire calendar month and, where a portion of the calendar month is not covered by the abatement, the garbage and refuse collection fee for that calendar month shall be paid in full.

(E) Any abatement request that is allowed shall terminate upon the violation, directly or indirectly, by the owner of any of the terms and provisions heretofore stated for granting the abatement, the issuance of an occupancy permit allowing occupancy of the dwelling unit to any degree, or the passage of 12 months from the effective date of the abatement, whichever occurs first. (Ord. 1253, passed 1-17-1995; Am. Ord. 1291, passed 1-30-1996; Am. Ord. 1343, passed 12-5-1996)

§ 50.07 CONTAINERS.

(A) The city will provide one garbage/refuse container, with a capacity of 80 or 90 gallons, as the situation requires, for each dwelling unit in the city that does not have the garbage and refuse collection fee abated, except as provided in § 50.01.

(B) In the event the city does not have sufficient containers, then the owner or occupant of the dwelling unit may temporarily use his or her own container until provided a container by the city. (Ord. 1253, passed 1-17-1995; Am. Ord. 1291, passed 1-30-1996; Am. Ord. 1343, passed 12-5-1996) Garbage 9

§ 50.08 DEFINITION; CERTAIN LOCATIONS.

(A) A DWELLING UNIT includes, by definition, any church that is not used solely for religious services and has not requested city garbage/refuse service, a parish house, rectory or convent, but not a hall, gymnasium or like structure and each shall be considered a separate and single dwelling unit.

(B) The County Housing Authority’s low-rent single site multiple-family residential dwelling projects, as long as the projects are owned and operated by the Authority for the same purpose and in the same manner as they now are, are excluded from the terns and provisions of this chapter and any act or ordinances amended, consolidated and/or repealed hereby and any charges that have accrued to date for same are waived. (Ord. 1253, passed 1-17-1995; Am. Ord. 1291, passed 1-30-1996; Am. Ord. 1343, passed 12-5-1996)

§ 50.09 SPECIAL PICKUP REGULATIONS.

(A) The Street Department of the city, upon the request of the owner or occupant of any residence in the city, where personnel and equipment are available and following the payment of the fees established in division (B) below, may remove for disposal as residential refuse at a regular landfill indoor and/or outdoor residential fixtures, appliances, furnishings, junk or other items which do not require special handling or disposal pursuant to federal, state or any other governmental agency laws, regulations or rules dealing with environmental protection, it being the intent of the city that handling and/or disposal of the items shall remain the sole duty and obligation of the owner of same.

(B) The fees and charges for the removal and disposal of acceptable residential refuse by the Street Department pursuant to division (A) above shall be as follows:

(1) Mattresses or box springs, per item: $5.

(2) Couches, per couch: $5.

(3) Chairs, per chair: $5.

(4) Other large items, including, but not limited to appliances, other furniture, dressers, chests, per item: $5.

(5) Automobiles and motorcycle tires, per tire: $1.50.

(6) Truck and recreational vehicle tires, per tire: $2.

(C) Removal of debris from remodeling and/or repair of any building or structure or tree limb or yard waste removal (if same cannot be chipped in the city’s chipper), which does not require special handling or disposal pursuant to federal, state or other governmental agency laws, regulations or rules 10 Madison - Public Works dealing with environmental protection, including, but not limited to shingles, plaster, lathes, scrap lumber, cement scrap, bricks and siding shall be charged at the rate of $40 per truck load or any portion thereof.

(D) All charges as set forth in this chapter shall be paid prior to the removal of any of the items; the fees set forth herein shall be paid to the City Comptroller. The City Comptroller, upon receipt thereof, shall, on the form, to be determined by the City Comptroller, notify the Superintendent of Streets for the payment of and request for removal of the item or items.

(E) The City Council shall, annually, provide one week per year whereby all trash hauling fees shall be waived, the week to coincide with the annual cleanup campaign in the Quad-City area as close as possible to the week provided by the Chamber of Commerce as “Fix-up, Clean-up Week.” (Ord. 1532, passed 7-18-2000)

§ 50.99 PENALTY.

(A) (1) Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this chapter or any ordinance amended, consolidated and/or repealed hereby shall upon conviction be fined not less than $50 nor more than $750 for each offense.

(2) Each day that a violation is permitted to exist or in which a violation occurs shall constitute a separate offense.

(B) Any garbage, refuse, indoor and/or outdoor residential fixtures, appliances, furnishings, junk, debris from remodeling and/or repair of any building or structure and the like found in, on, around or about any garbage/refuse container or dumpster, provided by the city pursuant to this chapter or any ordinance amended, consolidated and/or repealed hereby, in violation of the provisions of the ordinances shall be deemed prima facie evidence of the violation by the owner(s) and/or occupant(s) which can be overcome only by clear and convincing evidence. (Ord. 1253, passed 1-17-1995; Am. Ord. 1291, passed 1-30-1996; Am. Ord. 1343, passed 12-5-1996) CHAPTER 51: SEWERS

Section

51.01 Connection to system 51.02 Prohibited discharges 51.03 Outdoor toilet facilities, privies and the like

51.99 Penalty

§ 51.01 CONNECTION TO SYSTEM.

It shall be unlawful for any person, firm or corporation to connect or cause to be connected, any drain cams or to carry, any toilet, sink, basement, septic tank, cesspool, industrial waste or any fixture or device discharging polluting substances, to any storm water sewer or drain in the city. (Ord. 903, passed 9-9-1975; Am. Ord. 1724, passed 6-8-2010) Penalty, see § 51.99

§ 51.02 PROHIBITED DISCHARGES.

It shall be unlawful for any person, firm or corporation to discharge or cause to be discharged any sanitary sewerage or industrial waste into any part of the storm sewer system in the city. (Ord. 779, passed 8-10-1965; Am. Ord. 1724, passed 6-8-2010) Penalty, see § 51.99

§ 51.03 OUTDOOR TOILET FACILITIES, PRIVIES AND THE LIKE.

(A) It shall be unlawful for any person, firm, association or corporation to have and maintain any building, whether residential, business or otherwise, within the corporate limits of the city without having in the building complete and modern toilet facilities and in no instance or circumstance shall it be lawful to have or maintain separate toilet facilities outside of and separated from any building.

(B) All outside and separated toilets, water closets, urinals, privies or commodes which are not a part of or attached to any building, whether they be connected to a sewer or not, shall be deemed a nuisance and, as such, shall be abated within ten days from the date notice is given to the property owner or owners by the corporate authorities. (Ord. 656, passed 1-23-1951) Penalty, see § 51.99

2011 S-9 12 Madison - Public Works

§ 51.99 PENALTY.

Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99. TITLE VII: TRAFFIC CODE

Chapter

70. GENERAL PROVISIONS

71. MOTOR VEHICLE LICENSES

72. WINTER EMERGENCIES

73. ADMINISTRATION AND ENFORCEMENT

74. TRAFFIC SCHEDULES

75. PARKING SCHEDULES

1 2 Madison - Traffic Code CHAPTER 70: GENERAL PROVISIONS

Section

General Provisions

70.01 Adoption of Illinois Vehicle Code 70.02 Parades

Operation of Golf Carts and Utility-Terrain Vehicles

70.15 Golf cars and utility-terrain vehicles permitted on city streets 70.16 Definitions 70.17 Requirements 70.18 Permits

Impoundment of Motor Vehicles

70.30 Definitions 70.31 Violations authorizing impoundment 70.32 Seizure and impoundment 70.33 Refund of administrative fee

Size and Weight Restrictions

70.45 Definitions 70.46 Overweight and/or over dimension vehicles 70.47 Permits for overweight and/or over dimension vehicles 70.48 Vehicles prohibited on certain streets 70.49 Oversize/overweight vehicles permitted on certain streets/bridge structures

70.99 Penalty Cross-reference: Weight restrictions, see also Ch. 74, Sch. VII

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GENERAL PROVISIONS

§ 70.01 ADOPTION OF ILLINOIS VEHICLE CODE.

The Illinois Vehicle Code, ILCS Ch. 625, in effect as of August 1, 1998, and as may thereafter be amended, except as provided in § 70.99 below as to penalties and where applicable to matters not within the jurisdiction of the city, is hereby adopted by reference pursuant to the authority granted in ILCS Ch. 625, Act 5, § 20-204. Any section of the State Vehicle Code, adopted pursuant hereto, may be cited by placing the description, “Ord. 1449,” before the appropriate State Vehicle Code section number. (Ord. 1449, passed 8-5-1998)

§ 70.02 PARADES.

(A) Definitions. For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CRUISING. The repeated operation of two or more vehicles in a continuous or nearly continuous flow through a parking lot.

PARADE. Any parade, march, ceremony, show, exhibition, pageant, or procession of any kind, or any similar display in or on any street, sidewalk, park, or other public place in the city, or CRUISING as defined above.

PARADE PERMIT. A permit required by this subchapter.

PARKING LOT. Any paved or unpaved area used by a place of business or shopping center for the parking of vehicles of their customers, but shall not include those operated for hire.

(B) Permit required.

(1) No person or persons shall engage or participate in, aid, form, or start any parade unless a parade permit has been obtained from the Chief of Police or other authorized city official.

(2) This subchapter shall not apply to:

(a) Funeral processions;

(b) Students going to and from school classes or participating in educational activities, provided the conduct is under the immediate direction and supervision of the proper school authorities;

2013 S-10 General Provisions 4A

(1) Procedure. A person seeking issuance of a parade permit shall file an application with the Chief of Police or other authorized city official on forms provided by such officer.

(2) Filing period. The application for a parade permit shall be filed not less than five days or not more than 60 days before the date on which it is proposed to conduct the parade. Failure to file an application five days in advance will not result in automatic denial of the permit, provided that the applicant shows reasonable grounds why the application could not have been filed five days in advance.

(3) Contents. The application for a parade permit shall set forth the following information:

(a) The name, address, and telephone number of the person seeking to conduct the parade;

(b) If the parade is proposed to be conducted for, on behalf of, or by an organization, the name, address, and telephone number of the headquarters of the organization and of the authorized and responsible heads of the organization;

(c) The name, address, and telephone number of the person who will be the parade chairperson and who will be responsible for its conduct;

2013 S-10 4B Madison - Traffic Code General Provisions 5

(d) The date when the parade is to be conducted;

(e) The route to be traveled, the starting point, and the termination point;

(f) The approximate number of persons, animals, and vehicles which will constitute the parade, the type of animals, if any, and the description of the vehicles;

(g) The hours when the parade will start and terminate;

(h) A statement as to whether the parade will occupy all or only a portion of the width of the streets, sidewalk, park, or other public place proposed to be traversed;

(i) The location by street of any assembly area for the parade;

(j) The time at which units of the parade will begin to assemble at any such assembly area or areas;

(k) The interval of space to be maintained between units of the parade;

(l) If the parade is designed to be held by, and on behalf of or for, any person other than the applicant, the applicant for the permit shall file a communication in writing from the person authorizing the applicant to apply for the permit on his or her behalf;

(m) Any additional information reasonably necessary to a fair determination as to whether a permit should be issued.

(4) Fee. There shall be paid at the time of filing an application for a parade permit a fee in an amount as established by the City Council from time to time.

(D) Standards for issuance of permit. The Chief of Police or other authorized city official shall issue a permit when, from a consideration of the application and from other information obtained, he or she finds that:

(1) The conduct of the parade will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route;

(2) The conduct of the parade will not require the diversion of so great a number of police officers of the city to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection to the city;

(3) The conduct of the parade will not require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of the city other than that to be occupied by the proposed line of march and areas contiguous thereto;

2009 S-7 6 Madison - Traffic Code

(4) The concentration of persons, animals, and vehicles at assembly points of the parade will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to the assembly areas;

(5) The conduct of the parade will not interfere with the movement of firefighting equipment en route to a fire;

(6) The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route;

(7) The parade is not to be held for the sole purpose of advertising any product, goods, or event, and is not designated to be held purely for private profit;

(8) The parade, if it takes the form of cruising, has the approval in writing of the owner or an authorized agent of the owner for the use of the parking lot which is the site of the parade.

(E) Notice of rejection of permit application. The Chief of Police or other authorized city official shall act on the application for a parade permit within three days, Saturdays, Sundays, and holidays excepted, after filing thereof. If he or she disapproves the application, he or she shall mail to the applicant within the three days, Saturdays, Sundays, and holidays excepted, after the date on which the application was filed, a notice of his or her action stating the reasons for his or her denial of the permit.

(F) Appeal procedure when permit denied. Any person aggrieved shall have the right to appeal the denial of a parade permit to the City Council. The appeal shall be taken within 30 days after notice of denial. The City Council shall act on the appeal within 30 days after its receipt.

(G) Alternative permit. The Chief of Police or other authorized city official, in denying an application for a parade permit, shall be empowered to authorize the conduct of the parade on a date, at a time, or over a route different than that named by the applicant. An applicant desiring to accept an alternate permit shall file a written notice of his or her acceptance. An alternate parade permit shall conform to the requirements of, and shall have the effect of, a parade permit under this subchapter.

(H) Notice to city and other officials when permit issued. Immediately on the issuance of a parade permit, a copy thereof shall be sent to the Mayor and the Fire Chief.

(I) Contents of permit. Each parade permit shall state the following information:

(1) Starting time;

(2) Minimum speed;

(3) Maximum speed;

(4) Maximum interval of space to be maintained between the units of the parade;

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(5) The portions of the street, sidewalk, park, or other public place to be traversed that may be occupied by the parade;

(6) The maximum length of the parade in miles or fractions thereof;

(7) Such other information as is reasonably necessary to the enforcement of this subchapter.

(J) Duties of permittee. A permittee hereunder shall comply with all permit directions and conditions and with all applicable laws and ordinances. The parade chairperson or other person heading or leading the activity shall carry the parade permit on his or her person during the conduct of the parade.

(K) Public conduct during parades.

(1) Interference. No person shall unreasonably hamper, obstruct, impede, or interfere with any parade or parade assembly or with any person, vehicle, or animal participating or used in a parade.

(2) Driving through parades. No driver of a vehicle except a police car or other emergency vehicle shall drive between the vehicles or persons comprising a parade when such vehicles or persons are in motion and are conspicuously designated as a parade.

(3) Parking on parade route. The Chief of Police or other authorized city official shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a street or other public thoroughfare or part thereof constituting a part of the route of a parade. Signs shall be posted to such effect, and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof. No person shall be liable for parking on a street or other public thoroughfare unless signs have been posted in accordance with this section.

(L) Revocation of permit. The city shall have the authority to revoke a parade permit issued hereunder on application of the standards for issuance as herein set forth. Penalty, see § 70.99

OPERATION OF GOLF CARTS AND UTILITY-TERRAIN VEHICLES

§ 70.15 GOLF CARTS AND UTILITY-TERRAIN VEHICLES PERMITTED ON CITY STREETS.

Golf carts and utility-terrain vehicles, as defined and qualified herein, shall be allowed on city streets under the conditions as stated in this subchapter. (Ord. 1709, passed 3-17-2009)

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§ 70.16 DEFINITIONS.

For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CITY STREETS. Any of the streets within the boundaries of the City of Madison.

GOLF CART. A vehicle specifically designed and intended for the purposes of transporting one or more persons and their golf clubs or maintenance equipment while engaged in the playing of golf, supervising the play of golf or maintaining the condition of the grounds on a public or private golf course.

UTILITY-TERRAIN VEHICLE. A self-propelled, electronically powered four-wheeled motor vehicle or a self-propelled gasoline powered four-wheeled motor vehicle with an engine displacement under 1,200 cubic centimeters which is capable of attaining in one mile a speed of more than 20 miles per hour but not more than 25 miles per hour which conforms to the federal regulations under Title 49 C.F.R. Part 571.500. (Ord. 1709, passed 3-17-2009)

§ 70.17 REQUIREMENTS.

All persons wishing to operate a golf cart or utility-terrain vehicle on the city streets must ensure compliance with the following requirements:

(A) Proof of current liability insurance.

(B) Must be certified with the city and have the vehicles certified with the city by inspection by the Police Chief or designated representative.

(C) Must comply with the published “Rules Concerning Alternate Transportation for the City of Madison” as periodically updated.

(D) Must display city decal on the rear of the vehicle.

(E) Must have a current, valid Illinois driver’s license.

(F) Golf carts must be equipped as follows:

(1) Horn;

(2) Brakes and brake lights;

(3) Turn signals;

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(4) A steering wheel apparatus;

(5) Tires;

(6) Rearview mirror;

(7) Approved “Slowing Moving Vehicle” emblem on the rear of the vehicle (ILCS Ch. 625, Act 5, § 12-709);

(8) Headlight that emits a white light visible from a distance of 500 feet to the front which must illuminate when in operation;

(9) Trail lamp that emits a red light visible from at least 100 feet from the rear which must be illuminated when in operation.

(G) Utility-terrain vehicles must be equipped as follows:

(1) Brakes and brake lights;

(2) Turn signals on the front and rear;

(3) A steering wheel apparatus;

(4) Tires;

(5) Rearview mirror;

(6) Approved “Slow Moving Vehicle” emblem on the rear of the vehicle (ILCS Ch. 625, Act 5, § 12-709);

(7) Headlight that emits a white light visible from a distance of 500 feet to the front which must illuminate when in operation;

(8) Tail lamp that emits a red light visible from at least 100 feet from the rear which must be illuminated when in operation;

(9) Any additional requirements which may be amended to ILCS Ch. 625, Act 5, § 11-1426.1 or the Illinois Motor Vehicle Code.

(H) Must obey all traffic laws of the State of Illinois and the City of Madison.

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(I) Must be 21 years of age.

(J) Must be operated only on city streets, except where prohibited.

(K) May not be operated on Illinois State Route 203, McCambridge Avenue and Illinois State Route 3, except at specifically designated crossing points.

(L) Must not be operated in excess of posted speed limit and, with respect to utility-terrain vehicles, may not exceed 35 miles per hour.

(M) May only be operated between sunrise and sunset.

(N) A person operating or who is in actual physical control of the golf cart of utility-terrain vehicle as described herein on the roadway while under the influence is subject to ILCS Ch. 625, Act 5, §§ 11-500 through 11-502.

(O) Golf carts and utility-terrain vehicles shall not be operated on sidewalks or in city parts other than parking areas.

(P) Golf carts and utility-terrain vehicles may not be operated on streets and highways and roads under the jurisdiction of the Illinois Department of Transportation (Illinois State Route 203, McCambridge Avenue, and Illinois State Route 3) except to cross at designated streets.

(Q) Designated crossing points on Illinois State Route 203/McCambridge Avenue are at 3rd, 4th, 5th, 6th, Skeen and Rhodes Streets. The designated crossing point on Illinois State Route 3 is at Bissell Street. (Ord. 1709, passed 3-17-2009) Penalty, see § 70.99

§ 70.18 PERMITS.

(A) No person shall operate a qualified golf cart or utility-terrain vehicle without first obtaining a permit from the City Clerk as provided herein. Permits shall be granted for a period of one year and renewed annually. The cost of the permit is $35. Insurance coverage is to be verified to be in effect by the Police Department when obtaining and renewing a permit.

(B) Every application for a permit shall be made on a form supplied by the city and shall contain the following information:

(1) Name and address of applicant;

(2) Name of liability insurance carrier;

(3) The serial number, make, model and description of golf cart or utility-terrain vehicle;

2009 S-7 General Provisions 8C

(4) Signed waiver of liability by applicant releasing the City of Madison and agreeing to indemnify and hold the city harmless from any and all future claims resulting from the operation of their golf cart or utility-terrain vehicle on the City of Madison Streets;

(5) Photocopy of applicable liability insurance coverage card specifically for the vehicle to be operated pursuant to the permit;

(6) Such other information as the city may require.

(1) The vehicle must be inspected by the Chief of Police) or designee to ensure that the vehicle is safe to operate on city streets and is in compliance with this subchapter and with the State of Illinois Motor Vehicle Code.

(2) A physically handicapped applicant must submit a certificate signed by a physician, certifying that the applicant is able to safely operate a qualified golf cart or utility-terrain vehicle on city streets.

(3) The applicant must provide evidence of insurance in compliance with the provisions of the Illinois Statutes regarding minimum liability insurance for passenger motor vehicle to be operated on the roads of the State of Illinois.

(D) The city may suspend or revoke a permit granted hereunder upon a finding that the holder thereof has violated any provisions of this subchapter or there is evidence that permittee cannot safely operate a qualified golf cart or utility-terrain vehicle on the designated roadways. (Ord. 1709, passed 3-17-2009)

IMPOUNDMENT OF MOTOR VEHICLES

§ 70.30 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BUSINESS DAY. Any day in which the offices of City Hall are open to the public for a minimum of seven hours.

LEVEL 1 ADMINISTRATIVE FEE. $400.00.

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MOTOR VEHICLE. Every vehicle which is self-propelled, including but not limited to automobile, trucks, vans, motorcycles and motor scooters.

OWNER OF RECORD. The record title holder(s) of the motor vehicle as registered with the Secretary of State, State of Illinois; or if not registered in Illinois, the particular state where the motor vehicle is registered. (Ord. 1715, passed 11-10-2009; Am. Ord. 1799, passed 10-4-2016)

§ 70.31 VIOLATIONS AUTHORIZING IMPOUNDMENT.

(A) Any motor vehicle, operated with the express or implied permission of the owner of record, that is used in connection with, to assist, or to commit, violations of any of the following statutes, as now or as hereinafter amended, shall be subject to seizure and impoundment by the city, and the owner of record of said motor vehicle shall be liable to the city for a Level 1 administrative fee, as provided for in this subchapter, in addition to any towing and storage fees as hereinafter provided. Such administrative fee shall be waived by the city upon verifiable proof that the motor vehicle was stolen at the time the motor vehicle was impounded.

(B) This subchapter establishes procedures for the release of properly impounded motor vehicles and the payment of administrative fees only for the following violations:

(1) Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense for which a motor vehicle may be seized and forfeited pursuant to § 36-1 of the Illinois Criminal Code of 2012;

(2) Driving under the influence of alcohol, another drug or drugs, an intoxicating compound or compounds, or any combination thereof, in violation of § 11-501 of the Illinois Criminal Code or the Illinois Traffic Code;

(3) Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense in violation of the Illinois Cannabis Control Act;

(4) Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense in violation of the Illinois Controlled Substance Act;

(5) Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense in violation of §§ 24-1, 24-1.5, or 24-3.1 of the Illinois Criminal Code of 1961 or the Illinois Criminal Code of 2012;

(6) Driving while a driver's license, permit, or privilege to operate a motor vehicle is suspended or revoked pursuant to § 6-303 of Illinois Traffic Code; except that vehicles shall not be subjected to seizure or impoundment if the suspension is for an unpaid citation (parking or moving) or due to failure to comply with emission testing;

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(7) Operation or use of a motor vehicle while soliciting, possessing, or attempting to solicit or possess cannabis or a controlled substance, as defined by the Illinois Cannabis Control Act or the Illinois Controlled Substances Act;

(8) Operation or use of a motor vehicle with an expired driver's license, in violation of § 6-101 or the Illinois Traffic Code, if the period of expiration is greater than one year;

(9) Operation or use of a motor vehicle without ever having been issued a driver's license or permit, in violation of § 6-101 of the Illinois Traffic Code, or operating a motor vehicle without ever having been issued a driver's license or permit due to a person's age;

(10) Operation or use of a motor vehicle by a person against whom a warrant has been issued by a circuit clerk in Illinois for failing to answer charges that the driver violated §§ 6-101, 6-303, or 11-501 of the Illinois Traffic Code;

(11) Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense in violation of Article 16 or 16A of the Illinois Criminal Code of 1961 or the Illinois Criminal Code of 2012;

(12) Operation or use of a motor vehicle in the commission of, or in the attempt to commit, any other misdemeanor or felony offense in violation of the Illinois Criminal Code of 1961 or the Illinois Criminal Code of 2012; or

(13) Operation or use of a motor vehicle in violation of § 11-503 of the Illinois Vehicle Code:

(a) While the vehicle is part of a funeral procession; or

(b) In a manner that interferes with a funeral procession.

(C) The city shall also provide notice that the motor vehicle will remain impounded pending the completion of the administrative hearing, unless the owner or lessee of the vehicle or a lienholder posts with the Clerk of the city or his or her designee a bond equal to the administrative fee as provided herein and pays for all towing and service charges.

(D) The city shall also provide notice of any such administrative hearing to the owner, lessee and/or lienholder of record, and said notice shall:

(1) Be served upon the owner, lessee and/or any lienholder of record either by personal service or by first class mail to the interested party's address as registered with the Secretary of State;

(2) Be served upon the interested parties within ten days after a vehicle has been impounded by the city; and

(3) Contain the date, time and location of the administrative hearing.

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(E) The initial administrative hearing shall be scheduled and convened no later that 45 days after the date of mailing the notice of the hearing.

(F) The city must also comply with the following requirements concerning administrative hearings:

(1) Administrative hearings shall be conducted by a hearing officer who is an attorney licensed to practice law in this State for a minimum of three years;

(2) At the conclusion of the administrative hearing, the hearing officer shall issue a written decision either sustaining or overruling the vehicle impoundment;

(3) If the basis for the vehicle’s impoundment is sustained by the administrative hearing officer, any administrative fee posted to secure the release of the vehicle shall be forfeited to the city;

(4) All final decisions of the administrative hearing officer shall be subject to review under the provisions of the Administrative Review Law; and

(5) Unless the administrative hearing officer overturns the basis for the vehicle impoundment, no vehicle shall be released to the owner, lessee, or lienholder of record until all administrative fees and towing and storage charges are paid in full.

(G) Vehicles not retrieved from the towing facility or storage facility within 35 days after the administrative hearing officer issues a written decision shall be deemed abandoned and disposed of in accordance with the provisions of Illinois law.

(H) Unless stayed by a court of competent jurisdiction, any fine, penalty, or administrative fee imposed under this section which remains unpaid in whole or in part after the expiration of the deadline for seeking judicial review under the Administrative Review Law may be enforced in the same manner as a judgment entered by a court of competent jurisdiction. (Ord. 1715, passed 11-10-2009; Am. Ord. 1799, passed 10-4-2016)

§ 70.32 SEIZURE AND IMPOUNDMENT.

(A) Whenever a police officer has reason to believe that a motor vehicle is subject to seizure and impoundment pursuant to this subchapter, the police officer may provide for the towing of the motor vehicle to a facility approved by the Chief of Police.

(B) The police officer shall notify any person identifying himself or herself as the owner of the motor vehicle or any person who is found to be in control of the motor vehicle at the time of the alleged violation, if there is such a person, of the fact of the seizure and of the motor vehicle owner's right to request an administrative hearing to be conducted under this section.

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(C) Any motor vehicle that is not reclaimed within 30 days after the expiration of the time during which the owner of record may seek judicial review of the city's action under this subchapter, or the time at which a final judgment is rendered in favor of the city, or the time a final administrative decision is rendered against an owner of record who is in default, may be disposed of as an abandoned or unclaimed motor vehicle as provided by law, provided, however, that where proceedings have been instituted under state or federal drug asset forfeiture laws, the subject motor vehicle may not be disposed of by the city except as consistent with those proceedings.

(D) (1) It shall be the duty of the towing or storage company in possession of the motor vehicle to obtain documentation confirming compliance with all the foregoing requirements of this subchapter and to retain photocopies of that documentation in their files for a period of not less than six months following release of the motor vehicle. The foregoing information shall be made available to the authorities of the city for inspection and copying, upon their request, made to the towing or storage company. The towing or storage company is prohibited from releasing any motor vehicle they may tow within the city until and unless they obtain the documentation as aforesaid.

(2) The towing or storage company shall be entitled to receive a reasonable fee from the owner or person entitled to possession of any such motor vehicle prior to the release of the motor vehicle. The fee shall be to cover the cost of removing said motor vehicle, and, in addition thereto, the cost of storage of said motor vehicle for each day or fraction thereof that said motor vehicle shall remained stored.

(3) The fees in this section shall be in addition to any administrative fee, fine, penalty or charge, levied or assessed against the owner or operator of said motor vehicle by reason of violation of any ordinance or statute, and any arrest which may have resulted from such violation. (Ord. 1715, passed 11-10-2009; Am. Ord. 1799, passed 10-4-2016)

§ 70.33 REFUND OF ADMINISTRATIVE FEE.

In the event a judgment of not guilty is entered by a court of competent jurisdiction on all underlying charges that could have resulted in the impoundment of a motor vehicle, then within 30 days of presentation of a certified copy of said judgment to the City Police Department, any administrative fee or posted bond obtained by the city under this subchapter shall be refunded to the paying party. (Ord. 1715, passed 11-10-2009; Am. Ord. 1799, passed 10-4-2016)

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SIZE AND WEIGHT RESTRICTIONS

§ 70.45 DEFINITIONS.

For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AXLE LOAD. The total load transmitted to the road by all wheels whose centers may be included between two parallel transverse vertical plans 40 inches apart extending across the full width of the vehicle.

CITY. The City of Madison.

COMMERCIAL VEHICLE. Any vehicle operated for the transportation of persons or property in the furtherance of any commercial of industrial enterprise, for-hire or not-for-hire, but not including a commuter van, a vehicle used in a ridesharing arrangement when being used for that purpose, or a recreational vehicle not being used commercially.

CONSTRUCTION VEHICLE. Any vehicle over 10,000 pounds actual weight, registered gross weight or GVWR that is required to comply with ILCS Ch. 625, Act 5, §§ 12-712 and 12-713 on identification required to be displayed.

GROSS VEHICLE WEIGHT RATING (GVWR). The value specified by the manufacturer or manufacturers as maximum loaded weight of a single vehicle. The GVWR of a combination of vehicles (commonly referred to as the GROSS COMBINATION WEIGHT RATING or GCWR) is the GVWR of the power unit plus the GVWR of the towed unit or units. In the absence of a value specified by the manufacturer, GCWR is determined by adding the GVWR of the power unit and the total weight of the towed unit and any load on the unit.

GROSS WEIGHT. The weight of a vehicle whether operated singly or in combination without load plus the weight of the load thereon.

HIGHWAY. 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.

IMPLEMENT OF HUSBANDRY. Every vehicle designed and adapted exclusively for agricultural, horticultural, or livestock raising operations, including farm wagons, wagon trailers or like vehicles used in connection therewith, or for lifting or carrying an implement of husbandry.

MOTOR VEHICLE. Every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, except for vehicles moved solely by human power and motorized wheelchairs. For this subchapter, MOTOR VEHICLES are divided into two divisions:

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(1) FIRST DIVISION. Those motor vehicles which are designed for the carrying of not more than ten persons.

(2) SECOND DIVISION. Those motor vehicles which are designed for carrying more than ten persons, those motor vehicles designed or used for living quarters, those motor vehicles which are designed for pulling or carrying freight, cargo or implements of husbandry, and those vehicles of the First Division remodeled for use and used as motor vehicles of the Second Division.

PERMIT ROUTE. The route authorized by the issuing authority with proper jurisdiction over the roadway(s) for which permission has been granted to move a vehicle or combination of vehicles that is in itself indivisible or carrying an indivisible load that exceeds normal dimensions or weight or a combination thereof.

SEMI-TRAILER. Every vehicle without power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.

SPECIAL HAULING VEHICLE. A vehicle or combination of vehicles transporting asphalt or concrete in the plastic state or a vehicle or combination of vehicles that is subject to weight limitations in ILCS Ch. 625, Act 4, § 15-111(a) and (b) for which the owner of the vehicle or combination of vehicles has elected to pay, in addition to the registration fees stated in ILCS Ch. 625, Act 4, § 3-815(b) or (c) or § 3-818, $100 to the Secretary of State for each registration year.

TANDEM AXLES. Any two or more single axles whose centers are more than 40 inches and not more than 96 inches apart, measured to the nearest inch between extreme axles in the series, except as provided in ILCS Ch. 625, Act 5, § 15-111 for special hauling vehicles.

TRAILER. Every vehicle without motive power in operation, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.

TRUCK TRACTOR. Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. (Ord. 1739, passed 11-22-2011)

§ 70.46 OVERWEIGHT AND/OR OVER DIMENSION VEHICLES.

(A) It shall be unlawful for any person to be in control of, to drive, to park, or move on, upon or across or for the owner to cause or knowingly permit to be pared, driven, or moved upon or across, any street or highway under the jurisdiction of the city, any vehicle or combination of vehicles exceeding the size and weight limitation state in ILCS Ch. 625, Act 5, §§ 15-102(width), 15-103 (height), 15-107 (length), and 15-111 (weight).

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(B) Size and weight limitations while operating on city streets shall not apply to fire apparatus or equipment for snow or ice removal operations owned or operated by or for any governmental body ro to implements of husbandry temporarily operated or towed in a combination in the furtherance of a farm or agricultural endeavor and to any vehicle or combination of vehicles operating under the terms of a valid oversize and/or dimension permit issued by the city under the authority of § 70.47.

(C) Where lower size and weight limits or other restrictions are imposed by ordinance under authority of ILCS Ch. 625, Act 5, §§ 15-111, 15-316 and 15-317, and signs indicating such limitations or restrictions are posted, it shall be unlawful to operate any vehicle or combination of vehicles in excess of such size or weight limitations or in violation of such restrictions.

(D) Whenever any vehicle or combination of vehicles is operated in violation of this section, the owner and/or driver of such vehicle shall be deemed guilty of such violation and either or both the owner and driver of such vehicle may be prosecuted for such violation. (Ord. 1739, passed 11-22-2011) Penalty, see § 70.99

§ 70.47 PERMITS FOR OVERWEIGHT AND/OR OVER DIMENSION VEHICLES.

(A) A permit shall be required for the movement of any vehicle or combination of vehicles with a non-divisible load on roadways and bridges within the jurisdiction of the city which exceeds the dimensions and weights permitted for the particular roadways to be traveled whether they be non- designated or designated roadways.

(B) The city with respect to any street or highway under its jurisdiction may upon application to the City of Madison Police Department on forms provided by the Police Department and good cause being shown therefor issue a special permit authorizing the applicant to operate or move a vehicle or combination of vehicles or a size or weight of vehicle or load exceeding the maximum specified in § 70.46. The applicant shall furnish the following information in the special permit application:

(1) The name and address of the owner or lessee of vehicle.

(2) Applicant’s name.

(3) Type of permit request whether it be for a single trip, round trip, or multiple routing.

(4) The description and registration (or the Illinois Department of Transportation’s (IDOT) registration number or classification) of the power unit.

(5) Description of the object or vehicle to be moved.

(6) The number of axles of the vehicle or combination of vehicles.

(7) The maximum axle weights of all single, tandem or series axles.

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(8) Maximum gross weight of the vehicle.

(9) The maximum width, length and height of the vehicle and load.

(10) Requested routing over city streets to and from a specific location.

(C) For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(1) A ONE-WAY OR SINGLE TRIP MOVEMENT means one move from the point of origin to the point of destination. Any additional stops between the point of origin and the point of destination are expressly prohibited. Single trip permits are effective for seven consecutive days from the date of issuance unless otherwise directed by the Police Department.

(2) ROUND TRIP MOVEMENT means two trips over the same route in opposite directions. Round trip permits are effective for 14 consecutive days from the date of issuance.

(3) MULTIPLE MOVES are those in such close proximity to each other in distance or in time that the Police Department would consider incorporating two or more permit moves within one permit application. Multiple move permits when granted by the Police Department shall be for a period of time not to exceed 90 days from the date of issuance.

(D) The owner or his or her agent shall submit an application fee based on the below chart for a single routing which will be valid for seven calendar days, round trip routing valid for 14 calendar days and multiple routings valid for a base period of three months. Permits may be issued for a maximum of four consecutive permit periods (365 days) with the permit fee calculated in the appropriate multiples of the base three-month multiple trip permit. Permits are valid only for the date periods specified on the permit and for the specific vehicle, load and routing as established by the Chief of Police or designee. No substitution of vehicle, load or routing is permitted without expressed written permission by the Chief or Police or his or her designee and the permit must be carried in the vehicle to which the permit applies.

PERMIT SIZE—WEIGHT (WITH LOAD) FEE Single trip Round Trip Multiple Up to 100,000 pounds 50 75 150 100,001—120,000 75 100 200 120,001—150,000 100 125 — Over 150,000 100* 125* — *Plus necessary and appropriate administrative, engineering and road damage fees

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PERMIT SIZE—WIDTH (WITH LOAD) FEE Single trip Round trip Multiple Up to 12' 25 40 75 12'1"—13'6" 50 75 100 Over 13'6" wide 50* 75* — * Plus necessary and appropriate administrative, engineering and road damage fees

PERMIT SIZE—HEIGHT (WITH LOAD) FEE Single trip Round trip Multiple 13'6"—14'6" 25 40 75 Over 14'6" wide 50* 75* — * Plus necessary and appropriate administrative, engineering and road damage fees

PERMIT SIZE—LENGTH (WITH LOAD) FEE Single trip Round trip Multiple Up to 100' 25 40 75 Over 100' 50* 75* — * Plus necessary and appropriate administrative, engineering and road damage fees

NOTE: If a vehicle requires a permit due to multiple weight and/or dimension issues, the total fee will be based on the largest individual weight or dimension factor only.

(E) The Chief of Police or his or her designee is authorized to approve the application for application for approved routes. Upon approval and payment of all required fees, the Police Department shall issue a permit allowing passage of the oversize and/or overweight vehicles over city streets. The permit shall be specific and contain:

(1) Permit number.

(2) The dates the permit is valid.

(3) Whether the permit is for single, round or multiple trip routing.

(4) The description of object or vehicle to be moved.

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(5) Authorized gross weight, axle weights, width, length and height.

(6) The authorized routing over village streets including the origin and termination point within the village.

(7) The fee paid.

(8) The date and signature of the Chief of Police or his or her designee.

(9) In addition, the permit will specify general conditions that the permittee must comply with that are consistent and reasonable for the protection of the general public and city streets. A copy of all permits issued will be provided to the City Administrator for informational purposes.

(F) It is the duty of the permittee to read and familiarize himself or herself with the permit provisions upon receipt. Undertaking of the permit move is deemed prima facie evidence of acceptance of the permit and that:

(1) The permittee is in compliance with all operation requirements;

(2) All dimension and weight limitations specified in the permit will not be exceeded;

(3) All operation, registration and license requirements have been complied with;

(4) All financial responsibilities, obligations and other legal requirements have been met; and

(5) The permittee assumes all responsibility for injury or damage to persons or to public or private property, including his or her own, or to the object being transported, caused directly or indirectly by the transportation or movement of vehicles and objects authorized under the permit. He or she agrees to hold the village harmless from all suits, claims, damages, or proceedings of any kind and to indemnify the city for any claim it may be required to pay arising from the movement.

(6) The permit shall be carried in the vehicle to which the permit applies at all times while operating on streets within the city and shall be exhibited upon demand to any law enforcement officer, police officer or authorized official of the city.

(G) The permit shall be carried in the vehicle to which the permit applies at all times while operating on streets within the city and shall be exhibited upon demand to any law enforcement officer, police officer or authorized official of the city.

(H) Whenever any vehicle is operated in violation of the provisions of a city permit, whether it be by size, weight or general provisions, either or both the owner or driver of such vehicle shall be deemed guilty and either or both the owner or the driver of such vehicle may be prosecuted for such violation. (Ord. 1739, passed 11-22-2011) Penalty, see § 70.99

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§ 70.48 VEHICLES PROHIBITED ON CERTAIN STREETS.

(A) As provided under the authority of ILCS Ch. 625, Act 5, §§ 15-111 and 15-316, it shall be unlawful to operate any vehicle upon any street where the operation of that vehicle is prohibited by ordinance and where signs of such prohibition are posted. Vehicles operating under the authority of ILCS Ch. 625, Act 5, §§ 15-111 and 15-316 while utilizing city streets under “reasonable access” rules will be considered in violation of this section if they are not utilizing the most direct route to points of loading and unloading.

(B) It shall be unlawful to operate any “construction vehicle” as defined herein on any street in the city when signs are posted on that street prohibiting “construction vehicles.” Where the Chief of Police, with the approval of the City Council, establishes an established truck route, construction vehicles will utilize only those established routes to service those areas of the city under construction.

(C) It shall be unlawful to park a commercial motor vehicle on a residential street while said truck is running between the hours of 10:00 p.m. and 6:00 a.m. the following day.

(D) The Superintendent of Public Works is authorized and directed to post or cause to be posted, streets designated as Class II truck routes, streets having weight restrictions and/or bridges under the authority of the City of Madison having weight restrictions as governed by § 70.49. (Ord. 1739, passed 11-22-2011) Penalty, see § 70.99

§ 70.49 OVERSIZE/OVERWEIGHT VEHICLES PERMITTED ON CERTAIN STREETS/BRIDGE STRUCTURES.

(A) As provided under the authority of ILCS Ch. 625, Act 5, § 15-111(f), the city has designated the following streets or portions of streets and/or highways as Class II designated streets. Vehicles utilizing those as such, can be of a weight, length and width consistent with ILC Ch. 625, Act 5, §§ 15-102 (width), 15-107 (length) and 15-111 (weight).

CLASS II DESIGNATED STREETS Access Boulevard From Bissell Street to E Street Alton Avenue From 3rd Street to Wayne Lanter Avenue Bissell Street From Klein Street to Wharf Road Caine Drive From Farrish Street to Huntco Drive Eagle Park Road From Illinois Route 203 to Brooklyn Village limit Fairway Park Drive From Eagle Park Road to south end Farrish Street From Harris Street to Caine Drive

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CLASS II DESIGNATED STREETS Fox Industrial Drive From Market Street to College Street (Venice city limits) Harris Street From Illinois Route 203 to Farrish Street Huntco Drive Entirety—north to south end Illinois Route 3 Illinois Route 111 Illinois Route 203 Sections of roadway referred to as Edwardsville Road and McCambridge Avenue Interstate 55/70 Westbound Interstate 270 Madison Road From Bend Road to south end Maverick Drive From Illinois Route 203 to east end Mueller Lane From Madison Road to east end Ohio Avenue From Illinois Route 203 to Madison Road Old Nickel Plate Road From Illinois Route 203 Frontage Road to east end Third Street From Alton Avenue to Illinois Route 203 Wayne Lanter Avenue From McCambridge Viaduct to Madison Avenue West Chain of Rocks Road From east base of Canal Bridge to Old Chain of Rocks Bridge Wharf Road From Bissell Street to E Street Rivers Edge Complex C Street From 3rd Street to 8th Street D Street From 3rd Street to 8th Street E Street From Access Boulevard to west end 3rd Street From C Street to E Street 4th Street From C Street to E Street 5th Street From C Street to E Street

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CLASS II DESIGNATED STREETS 6th Street From C Street to E Street 7th Street From C Street to E Street 8th Street From C Street to D Street and from D Street to south end

(B) That from and after the taking effect of this section, no vehicle of more than five tons/10,000 pounds gross weight, including the weight of the vehicle and its contents, shall be operated upon or over Alton Avenue (from 3rd Street to Elizabeth Street and Illinois Route 203 Frontage Road to Walnut Street), Beckwith Avenue, Belt Street, Bend Road, Booker Street, Carver Street, Central Street, Collinsville Avenue, Edwardsville Road (from Alton Avenue to McCambridge Avenue), Eighth Street, Elizabeth Street, Ewing Avenue, Farrish Street, Fifth Street, Fourth Street, Fourteenth Street, Franklin Street, Gillespie Street, Golf Drive, Grand Avenue, Greenwood Street, Harrison Street, Highland Avenue, Hildebrand Street, Hill Street, Industrial Drive, Iowa Street, Jackson Street, James Street, Jefferson Street, Keelin Lane, Kennedy Drive, Kohl Street, Layton Road, Lee Street, Madison Avenue, Market Street, Meridian Avenue, Milan Avenue, McCambridge Avenue (from 14th Street to Edwardsville Road), McCasland Avenue, McNair Avenue, Murphy Lane, Plum Street, Race Street, Raceway Boulevard, Reynolds Street, Riti Lane, Rhodes Street, Roman Lane, Roman Road, Second Street, Seventh Street, Sixth Street, Skeen Street, State Street, Staunton Street, Tenth Street, Third Street (from Alton Avenue to State Street), Thirteenth Street, Troy Street, Twelfth Street, Walnut Street, Washington Avenue, Waterworks Road, Webster Street, West Madison Street, West Second Street, West Third Street, and West Washington Street.

(C) For the purposes of this subchapter, weight and load restrictions and violations pertain to roadways and structures listed above shall only pertain to those said roadways and structures within the City of Madison corporate limits. Operators of vehicles are cautioned to check with other local municipalities or governing bodies as to their size and weight restrictions and truck routes.

(D) That vehicles crossing IDOT Structure No. 060-0068 (bridge crossing the Chain of Rocks Canal on Chain of Rocks Road) shall be limited in weight, as follows:

(1) Single unit vehicles not to exceed 19 tons;

(2) Vehicles with three or more axles not to exceed 22 tons total. (Ord. 1739, passed 11-22-2011; Am. Ord. 1776, passed 5-5-2015) Penalty, see § 70.99

§ 70.99 PENALTY.

(A) The language contained in each and every penalty section in the State Vehicle Code, ILCS Ch. 625, shall be and hereby is amended by substituting the following language in its place: “Any person, firm, corporation or entity violating any provision of this section shall be fined not less than $50, nor

2017 S-11 8R Madison - Traffic Code more than $750 for each offense and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.”

(B) Any person who violates any provision of §§ 70.15 through 70.18 shall be guilty of a petty misdemeanor and shall be punished by a fine of $75. Any second or subsequent offense shall result in the revocation of the permit for a period of not less than three months nor more than five years. To the extent that any violation of §§ 70.15 through 70.18 also constitutes a violation of a criminal statute of the State of Illinois, then the violator shall also be subject to criminal prosecution.

(C) Any person violating the parking restrictions in Chapter 75, Schedule II, for Seventh Street shall be fined not less than $50 nor more than $750 for each and every violation thereof.

(D) (1) Any person, firm or corporation who or which violates, disobeys, neglects, fails to comply with or resists enforcement of the provisions of §§ 70.45 through 70.49 will be fined not less than $50 nor more than $750 dollars for each offense. Any person, firm or corporation who or which violates, disobeys, neglects, fails to comply with or resists enforcement of the provisions of that subchapter pertaining to overweight violations will be fined $200. A separate offense shall be deemed committed on each calendar day a violation occurs.

(2) In addition to seeking a fine, as hereinabove provided, the City of Madison may institute any proper action in the name of the City of Madison to enjoin the violation of any provision of §§ 70.45 through 70.49.

(E) Any person, firm or corporation who or which violates, disobeys, neglects, fails to comply with or resists enforcement of the provisions of § 70.49(D) will be fined not less than $50 nor more than $75 for each offense. A separate offense shall be deemed committed on each occasion a violation of the provision occurs. (Ord. 1449, passed 8-5-1998; Am. Ord. 1709, passed 3-14-2009; Am. Ord. 1721, passed 3-30-2010; Am. Ord. 1739, passed 11-22-2011; Am. Ord. 1776, passed 5-5-2015)

2017 S-11 CHAPTER 71: MOTOR VEHICLE LICENSES

Section

71.01 Definitions 71.02 License required 71.03 Application; issuance 71.04 Plate or windshield sticker 71.05 License year 71.06 Fees; time of payment 71.07 Replacement or transfer of plate or windshield sticker 71.08 Dealer’s license

71.99 Penalty

§ 71.01 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CITY. The City of Madison, Illinois.

MOTOR VEHICLE. Any vehicle which is self-propelled, except for vehicles moved solely by human power and motorized wheelchairs, and is hereinafter called VEHICLE.

PASSENGER CAR. Any motor vehicle which is designed and used as designed for the carrying of not more than ten persons.

STATE. The State of Illinois.

VEHICLE. Every device, in, upon or by which any person or property is or may be transported or drawn upon a public street or alley, except devices moved by human power and devices used exclusively upon stationary rails or tracks. Further, for the purposes of this chapter, a DEVICE shall be considered to be a vehicle until the time it either comes within the definition of a junk vehicle, as defined by other city ordinances or state law, or a junking certificate is issued for it. (Ord. 1156, passed 9-5-1989; Am. Ord. 1450, passed 8-5-1998)

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§ 71.02 LICENSE REQUIRED.

(A) Every person who resides within the city and who owns or operates a vehicle or any business entity, firm or corporation maintaining a place of business in the city which owns or operates a vehicle shall pay each year to the City Clerk a tax or license fee as is hereinafter provided for the use of each vehicle used or parked on any public street or alley in the city.

(B) It shall be prima facie evidence that a person residing in the city or a business entity, firm or corporation having a place of business in the city is deemed to be a user of the public streets or alleyways of the city, if the person or business entity, firm or corporation:

(1) Has title to the vehicle;

(2) Has a rental lease to the vehicle;

(3) Has possession of the vehicle for 30 days or longer; or

(4) Has obtained a state registration from the state for the vehicle. (Ord. 1156, passed 9-5-1989; Am. Ord. 1450, passed 8-5-1998) Penalty, see § 71.99

§ 71.03 APPLICATION; ISSUANCE.

(A) Every person who resides within the city who owns or operates a vehicle or any business entity, firm or corporation maintaining a place of business in the city, which owns or operates a vehicle, shall file an application for a license for the vehicle with the City Clerk, setting forth the name and address of the applicant; the name and address of the owner, if different from the applicant, of the vehicle; and a description of the vehicle for which the license is desired.

(B) Upon payment of the fee hereinafter provided, the City Clerk shall issue or cause to be issued a license, which shall be attested by him or her, authorizing the use of the vehicle within the city until expiration of the license. (Ord. 1156, passed 9-5-1989; Am. Ord. 1450, passed 8-5-1998) Penalty, see § 71.99

§ 71.04 PLATE OR WINDSHIELD STICKER.

Each applicant upon payment of the required fee shall be given a license plate or windshield sticker, of a design and material as may be approved by the City Council, and the license plate or windshield sticker issued to the applicant shall be prominently displayed on the lower right-hand corner of the windshield of the vehicle for which it is issued in a manner as to be clearly visible and easily read from the outside of the vehicle. (Ord. 1156, passed 9-5-1989; Am. Ord. 1450, passed 8-5-1998) Motor Vehicle Licenses 11

§ 71.05 LICENSE YEAR.

The license year shall begin on January 1 and end on December 31 of every year. (Ord. 1156, passed 9-5-1989; Am. Ord. 1450, passed 8-5-1998)

§ 71.06 FEES; TIME OF PAYMENT.

The fees for vehicle licenses shall be due and payable annually in advance on January 1 of each year, on the date of purchase of the vehicle and/or on the date of becoming a resident or opening a place of business in the city, whichever comes first, in the following manner and amounts.

(A) For any vehicle under a gross weight of 10,000 pounds, the annual license fee shall be as follows:

(1) Five dollars, except as hereinafter provided for residents over 62 years of age, if the license is applied for and issued:

(a) Before February 1 of each license year;

(b) Within 30 days of the date of purchase of the vehicle; or

(2) Ten dollars, except as hereinafter provided for residents over 62 years of age, if the license, is applied for and issued:

(a) After February 1 of each license year;

(b) After 30 days of the date of purchase of the vehicle; or

(c) Thirty or more days after the date of becoming a resident of or opening a place of business in the city, whichever is later.

(B) For any person having attained the age of 62 before January 1 of any particular license year and who is licensing his or her, as the case may be, passenger car and who gives satisfactory proof of his or her age, ownership of the passenger car by proper state registration and residence in the city at the time the application for the license is made, the annual license fee and limitations shall be as follows:

(1) Free, if the license is applied for and issued:

(a) Before February 1 of each license year; 12 Madison - Traffic Code

(b) Within 30 days of the date of purchase of the vehicle; or

(2) Five dollars, if the license is applied for and issued:

(a) After February 1 of each license year;

(b) After 30 days of the date of purchase of the vehicle; or

(3) Only one license (free and/or $5) is permitted to any one person in any particular license year regardless of how many passenger cars that person may own.

(C) For any vehicle over a gross weight of 10,000 pounds the annual license fee shall be $25. (Ord. 1156, passed 9-5-1989; Am. Ord. 1450, passed 8-5-1998)

§ 71.07 REPLACEMENT OR TRANSFER OF PLATE OR WINDSHIELD STICKER.

The City Clerk shall issue a replacement license plate or windshield sticker or transfer same to a subsequently owned vehicle without fee if application for replacement or transfer is made within 30 days of the following events:

(A) The windshield of the vehicle to which the windshield sticker was affixed is broken, in which instance proof of replacement of the windshield and proof of purchase of the windshield sticker being replaced must be furnished by the owner of the vehicle;

(B) The license plate affixed to the vehicle has been lost, stolen or so damaged as to make it unusable, in which event an appropriate affidavit with particulars detailing the loss, theft or damage with proof of purchase of the license plate being replaced must be furnished by the owner of the vehicle; or

(C) The vehicle for which the original license was purchased has been replaced by the owner, in which instance proof of sale, trade or other disposal of the vehicle, proof of purchase of the license plate or windshield sticker affixed to the replaced vehicle, and proof of purchase of the subsequent vehicle to which the license is being transferred and/or windshield sticker is being provided for must be furnished by the owner of the vehicles. (Ord. 1156, passed 9-5-1989; Am. Ord. 1450, passed 8-5-1998) Motor Vehicle Licenses 13

§ 71.08 DEALERS’ LICENSE.

The license plates issued to dealers for vehicles held for sale and used only for demonstration may be transferred to any other vehicle so held and used by the same dealer; provided that the dealers shall procure one license for each vehicle so held by him or her at any one time during the year. (Ord. 1156, passed 9-5-1989; Am. Ord. 1450, passed 8-5-1998)

§ 71.99 PENALTY.

Any person or business entity, firm or corporation, whether by principal agent, officer, employee or otherwise, violating any provision of this chapter shall be fined not less than $50, nor more than $750 for each offense. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Ord. 1156, passed 9-5-1989; Am. Ord. 1450, passed 8-5-1998) 14 Madison - Traffic Code CHAPTER 72: WINTER EMERGENCIES

Section

72.01 Definitions 72.02 Routes designated 72.03 Parking prohibition; termination 72.04 Condition of vehicles on routes 72.05 Stalled vehicle 72.06 Removal of parked or abandoned vehicle 72.07 Owner’s responsibility 72.08 Signs marking routes 72.09 Depositing of snow and ice restricted 72.10 Interference with snow plows

72.99 Penalty

§ 72.01 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CITY. The City of Madison, Madison County, Illinois.

SNOW EMERGENCY ROUTES. Those streets or portions thereof listed in § 72.02.

SNOW TIRES. Any tires mounted on drive wheels of motor vehicles which are especially designed to give effective traction on snow, mud or ice covered streets by means of extra heavy duty treads with specifically high-traction patterns except that no tire so defined shall be construed to be a snow tire which is damaged or worn to the extent that its performance would be substantially impaired.

STREET. The entire width between the boundary lines of every way publicly maintained within the corporate limits of the city when any part thereof is open to use to the public for the purpose of vehicular traffic.

SUPERINTENDENT OF STREETS. The Superintendent of Streets of the city or his or her authorized designate.

15 16 Madison - Traffic Code

TIRE CHAINS. Any metal chains mounted on drive wheel tires of motor vehicles across the tread of each tire laterally in at least three different places. (Ord. 1160, passed 2-20-1990)

§ 72.02 ROUTES DESIGNATED.

The streets designated as snow emergency routes in the city are as follows:

(A) 3rd Street;

(B) 6th Street;

(D) Washington Avenue, north from Kennedy Drive to 14th Street;

(E) 14th Street, west from Washington to Madison Avenue;

(F) McCambridge Avenue, north from Edwardsville Road to Kennedy Drive;

(G) Alton Avenue;

(H) Madison Avenue;

(I) State Street;

(J) Harris Street;

(K) Farrish Street, north from Harris Street to Rhodes Street;

(L) West 2nd Street;

(M) West 3rd Street; and

(N) Bissell Street, west from Klein Street to State Route 3. (Ord. 1160, passed 2-20-1990)

§ 72.03 PARKING PROHIBITION; TERMINATION.

(A) (1) Whenever the Superintendent of Streets finds, on the basis of falling snow, sleet or freezing rain or on the basis of a forecast by the United States Weather Bureau or other weather service of snow, Winter Emergencies 17 sleet or freezing rain, that weather conditions will make it necessary that motor vehicle traffic be expedited and that parking on city streets be prohibited or restricted for snow plowing and other purposes, the Superintendent of Streets shall put into effect by a declaration, as provided in division (D) below, a parking prohibition on parts of or on all snow emergency routes as necessary.

(2) Notwithstanding the provisions of division (A)(1) above, a parking prohibition shall automatically go into effect on any part of any snow emergency route on which there has been an accumulation of snow and/or ice of three inches or more for one hour as measured by the United States Weather Bureau or as directed by the Superintendent of Streets.

(3) Once in effect, a parking prohibition under this section shall remain in effect until terminated by announcement of the Superintendent of Streets in accordance with this chapter.

(B) Whenever the Superintendent of Streets shall find that some or all of the conditions which give rise to a parking prohibition in effect pursuant to this chapter no longer exist, he or she may declare the prohibition terminated, in whole or in part, as provided in division (D) below, effective immediately upon announcement.

(C) Any provision of this chapter which becomes effective by declaration of the Superintendent of Streets or upon the occurrence of certain weather conditions shall, while in effect, take precedence over other conflicting provisions of law normally in effect, except that it shall not take precedence over provisions of law relating to traffic accidents, emergency travel of authorized emergency vehicles, or emergency traffic directions of a police officer.

(D) (1) The Superintendent of Streets shall cause each declaration regarding a parking prohibition on parts of or on all snow emergency routes made by him or her pursuant to this chapter to be publicly announced by means of broadcasts or otherwise from radio or television station(s) with a normal operating range covering the city and he or she may, in addition, cause the declaration to be announced in newspapers of general circulation within the city when feasible. Each announcement shall describe the action taken by the Superintendent of Streets, including the time it became or will become effective, and shall specify the streets affected.

(2) The Superintendent of Streets shall make or cause to be made a record of each time and date when any declaration is announced to the public in accordance with this chapter. (Ord. 1160, passed 2-20-1990)

§ 72.04 CONDITION OF VEHICLES ON ROUTES.

(A) No person operating a motor vehicle on a snow emergency route on which there is a covering of snow, sleet or ice shall allow the vehicle to become stalled wholly or partly because the drive wheels thereof are not equipped with effective tire chains or snow tires. 18 Madison - Traffic Code

(B) No person operating a motor vehicle on a part of a snow emergency route on which there is a covering of snow, sleet or ice or on which there is a parking prohibition in effect shall allow the vehicle to become stalled because the motor fuel supply is exhausted or the battery has become inoperative. (Ord. 1160, passed 2-20-1990) Penalty, see § 72.99

§ 72.05 STALLED VEHICLE.

Whenever a vehicle becomes stalled for any reason, whether or not in violation of this chapter, on any part of a snow emergency route on which there is a covering of snow, sleet or ice or on which there is a parking prohibition in effect, the person operating the vehicle shall take immediate action to have the vehicle towed or pushed off the roadway of the snow emergency route onto the first cross street which is not a snow emergency route. No person shall abandon or leave his or her vehicle in the roadway of a snow emergency route, regardless of whether he or she indicated by raising the hood or otherwise, that the vehicle is stalled. (Ord. 1160, passed 2-20-1990) Penalty, see § 72.99

§ 72.06 REMOVAL OF PARKED OR ABANDONED VEHICLE.

Whenever any vehicle shall be found parked or abandoned on a snow emergency route in violation of this chapter, the vehicle may be removed and conveyed by means of towing and impounding the same at the owner’s and/or operator’s expense or by towing or otherwise removing the vehicle to the nearest available parking space on the first cross street which is not a snow emergency route. (Ord. 1160, passed 2-20-1990)

§ 72.07 OWNER’S RESPONSIBILITY.

The presence of any vehicle found parked or abandoned in violation of this chapter on any snow emergency routes shall be prima facie evidence that the person, firm or corporation in whose name the vehicle is registered, committed or authorized the violation. (Ord. 1160, passed 2-20-1990)

§ 72.08 SIGNS MARKING ROUTES.

On each street designated by this chapter as a snow emergency route, the Superintendent of Streets shall post special signs at intervals indicating that this is an emergency snow route. These signs shall be distinctive and uniform in appearance and shall be plainly readable to persons traveling on that street. (Ord. 1160, passed 2-20-1990) Winter Emergencies 19

§ 72.09 DEPOSITING OF SNOW AND ICE RESTRICTED.

No person, firm, partnership, corporation, company, syndicate or association and/or any owner, servant, agent or employee thereof shall deposit or cause to be deposited any snow and/or ice on or against a fire hydrant or on any sidewalk, street or loading and unloading areas of a public transportation system, except that snow and ice may be scraped to the sides of a street incident to the cleaning of the street or scraped to or on curbs incident to the cleaning of sidewalks and driveways. (Ord. 1160, passed 2-20-1990) Penalty, see § 72.99

§ 72.10 INTERFERENCE WITH SNOW PLOWS.

No vehicle shall impede or interfere in any way with a snowplow or other snow removal vehicle while the snowplow or other snow removal vehicle is in operation on city streets. (Ord. 1160, passed 2-20-1990) Penalty, see § 72.99

§ 72.99 PENALTY.

Any person, firm, partnership, corporation, company, syndicate or association and/or any owner, servant, agent or employee thereof who violates any terms or provisions of this chapter shall, upon conviction, pay a minimum sum of $25 and a maximum sum of $750 for each offense. (Ord. 1160, passed 2-20-1990) 20 Madison - Traffic Code CHAPTER 73: ADMINISTRATION AND ENFORCEMENT

Section

73.01 Purpose 73.02 Administrative composition 73.03 Procedure 73.04 Hearings 73.05 Additional notices 73.06 Final determination of liability 73.07 Review 73.08 Non-resident procedures 73.09 Schedule of fines and penalties 73.10 Certified report; contesting report 73.11 Immobilization; towing and impounding 73.12 Judicial review 73.13 Debt to city 73.14 Judgment Cross-reference: Adoption of Illinois Vehicle Code, see § 70.01

§ 73.01 PURPOSE.

(A) The purpose of this chapter is to provide a fair and efficient enforcement of city vehicular standing, parking and condition of vehicle (“compliance”) violation(s) and other city regulation violation(s), as may be allowed by law, through an administrative adjudication of violation(s) of city ordinances regulating the standing, parking and compliance of vehicles within the geographic boundaries of the city and a schedule of uniform fines and penalties and authority and procedures for collection of unpaid fines and penalties.

(B) For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

COMPLIANCE VIOLATION. A violation of a municipal regulation governing the condition or use of equipment on a vehicle or governing the display of a municipal wheel tax license. (Ord. 1415, passed 4-21-1998)

21 22 Madison - Traffic Code

§ 73.02 ADMINISTRATIVE COMPOSITION.

(A) The system of administrative adjudication of vehicular standing, parking and compliance violation(s) shall provide for a Traffic Compliance Administrator, a Hearing Officer, Computer Operator/System Coordinator and hearing room personnel (Deputy), with the power, authority and limitations as are hereinafter set forth.

(1) The Traffic Compliance Administrator shall be empowered and is hereby authorized and directed to:

(a) Operate and manage the system of administrative adjudication of vehicular standing, parking and compliance violation(s);

(b) Adopt, distribute and process standing, parking and compliance violation notices and other notices as may be required under this chapter or as may be reasonably required to carry out the purpose of this chapter;

(c) Collect moneys paid as fines and/or penalties assessed after a final determination of vehicular standing, parking or compliance violation(s) liability;

(d) Conduct hearings, as a Hearing Officer with the same power and authority as is hereinafter set forth, during the absence of the appointed Hearing Officer;

(e) Certify copies of final determination(s) of standing, parking and compliance violation(s) liability and factual report(s) verifying that the final determination of standing, parking and compliance violation(s) liability was issued in accordance with this chapter and ILCS Ch. 625, Act 5, § 11-208.3;

(f) Certify reports to the Secretary of State concerning initiation of suspension of driving privileges in accordance with the provisions of this chapter, hereinafter set forth, and those of ILCS Ch. 625, Act 5, § 6-306.5;

(g) Review final determination(s) of vehicular standing, parking, and compliance violation(s) liability, validity of notices of impending impoundment or validity of notice of impending drivers license suspension, in an administrative review capacity in accordance with the provisions of this chapter, hereinafter set forth;

(h) Promulgate rules and regulations reasonably required to operate and maintain the administrative adjudication system hereby created;

(i) Collect unpaid fines and penalties by filing complaints in the Circuit Court or selecting or appointing an individual or agency to act on behalf of the city in filing complaints seeking judgments for unpaid fines or penalties and pursuit of all post-judgment remedies available by current law; and Administration and Enforcement 23

(j) To select or appoint an individual, agency or firm to tow and impound vehicles in accordance with the provisions of this chapter, hereinafter set forth.

(2) A Hearing Officer shall be empowered and is hereby authorized and directed to:

(a) Preside over the administrative hearings, established herein, as the adjudicator;

(b) Administer oaths;

(d) Assess fines and penalties for the violation of vehicular standing, parking or compliance violation(s) as are established in § 73.09;

(e) Make final determination of:

1. Vehicular standing, parking and compliance regulation violation(s) liability;

2. Validity of notice of impending impoundment; and

3. Validity of notice of impending driver’s license suspension in accordance with the provisions of this chapter, hereinafter set forth.

(f) Provide for the accurate recordation of the administrative adjudication hearing(s).

(3) The System Coordinator/Computer Operator is hereby authorized and directed to operate and maintain the computer program(s) for the administrative adjudication system hereby created, on a day to day basis, including, but not limited to:

(a) Input of violation notice information;

(b) Hearing date(s) and notice dates;

(d) Issue payment receipts;

(e) Issue succeeding notices of hearing dates, final determination of liability, notice of impending impoundment and notice of impending drivers license suspension as directed by the Traffic Compliance Administrator in accordance with the provisions hereinafter set forth; and

(f) Keep accurate records of appearances and nonappearances at administrative hearings, pleas entered, fines and penalties assessed and paid. 24 Madison - Traffic Code

(4) Hearing room personnel are hereby authorized and directed to:

(a) Maintain hearing room decorum;

(b) Have and execute authority as is granted to courtroom deputies of the Circuit Court;

(c) Perform other duties or acts as may reasonably be required and as directed by the Hearing Officer or Traffic Compliance Administrator; and

(d) This position is limited to off-duty, full-time, part-time or auxiliary police officers.

(B) The Mayor shall appoint, with the approval of the City Council, persons to hold the positions above set forth on an annual basis, from May 1 to April 30 next following. One person may hold and fulfill the requirements of one or more of the above stated positions.

(C) Compensation to be paid for each of the above stated positions shall be determined by separate ordinance. (Ord. 1415, passed 4-21-1998)

§ 73.03 PROCEDURE.

(A) The system of administrative adjudication of vehicular standing, parking and compliance violation(s) shall be in accordance with the following procedures and final determination(s) of vehicular standing, parking and compliance violation(s) liability, validity of notice of impending impoundment, validity of notice of impending driver’s license suspension and impoundment of vehicle and collections shall be made only in accordance with the provisions set forth below:

(1) Violation notice. A vehicular standing, parking and compliance violation notice shall be issued by the person(s) authorized herein and shall contain information and shall be served, certified and have evidentiary admissibility as is hereinafter set forth.

(2) Authorization. All full-time, part-time, auxiliary police and community service officers, as well as, other specifically appointed individuals shall have the authority to issue violation notices.

(3) Detection of violations. Any individual authorized hereby to issue violation notices and who detects a violation of any section of any applicable city ordinance shall issue a notice of violation thereof and shall make service thereof as is hereinafter set forth.

(B) The vehicular standing, parking and compliance regulation violation notice shall contain, but shall not be limited to the following information:

(1) The date, time and place of the violation (date of issuance); Administration and Enforcement 25

(2) The particular vehicular standing, parking or compliance regulation violated;

(3) Vehicle make and state registration number;

(4) The fine and any penalty which may be assessed for late payment;

(5) The signature and identification number of the person issuing the notice;

(6) A section entitled “request for hearing,” which shall clearly set forth that the registered owner or lessee may appear at the initial administrative hearing to contest the validity of the violation notice on the date and at the time and place as specified in the violation notice by:

(a) Checking or placing a mark in a space provided and clearly identified, “request for hearing;”

(b) Placing his or her name and current address in the place provided;

(d) Filing the violation notice, with the “request for hearing” portion fully completed, with the Traffic Compliance Administrator postmarked within ten days of the violation notice issuance. The request shall be deemed filed upon receipt by the Traffic Compliance Administrator.

(7) The date, time and place of an administrative hearing at which the violation may be contested on its merits;

(8) That payment of the indicated fine and any late payment penalty shall operate as a final disposition of the violation, except as to the provisions of § 73.09(B)(1);

(9) A section entitled, “non-resident request for hearing - non-appearance,” which clearly sets forth that a non-resident registered owner or lessee may appear at the initial administrative hearing to contest the validity of the violation notice without personally appearing by:

(a) Checking or placing a mark in a space provided and clearly identified, “non-resident request for hearing - non-appearance;”

(b) Placing his or her name and current address in the place provided;

(d) Filing the violation notice, with the “non-resident request for hearing” portion fully completed, with the Traffic Compliance Administrator postmarked within ten days of the violation notice issuance; (The request shall be deemed filed upon receipt by the Traffic Compliance Administrator.)

2003 S-1 26 Madison - Traffic Code

(e) Filing a notarized statement of facts specifying the grounds for challenging the violation notice, which must be filed with the Traffic Compliance Administrator postmarked within ten days of the violation notice issuance; and (The request shall be deemed filed, if post marked by the due dates herein specified.)

(f) A clearly marked statement that execution of the non-resident request for hearing is a waiver of the non-resident’s right to a personal appearance and that the adjudication will be made based upon the notarized statement of facts submitted by the non-resident and the facts contained in the violation notice.

(1) Affixing the original or a facsimile of the violation notice to an unlawfully standing or parked vehicle; and/or

(2) Handing the violation notice to the registered owner, operator or lessee of the vehicle, if present.

(D) The correctness of facts contained in the vehicular standing, parking or compliance violation notice shall be certified by the person issuing the notice by:

(1) Signing his or her name to the violation notice at the time of service; or

(2) In the case of a violation notice produced by a computer device, by signing a single certificate, to be kept by the Traffic Compliance Administrator, attesting to the correctness of all notices produced by the device while under his or her control.

(E) The original or a facsimile of the violation notice shall be retained by the Traffic Compliance Administrator and kept as a record in the ordinary course of business.

(F) Any violation notice issued, signed and served in accordance herewith, or a copy of the violation notice, shall be prima facie correct and shall be prima facie evidence of the correctness of the facts shown on the violation notice.

(G) The violation notice or a copy thereof shall be admissible in any subsequent administrative or legal proceeding. (Ord. 1415, passed 4-21-1998; Am. Ord. 1607, passed 3-25-2003)

§ 73.04 HEARINGS.

(A) An administrative hearing to adjudicate the alleged standing, parking or compliance violation(s) on its merits shall be granted to the registered owner or operator of the cited vehicle, pursuant to ILCS

2003 S-1 Administration and Enforcement 27

Ch. 625, Act 5, § 11-208.3 or the lessee of the cited vehicle, pursuant to ILCS Ch. 625, Act 5, § 11-1306, incorporated herein by reference.

(B) Hearing dates shall be at the date, time and place as is set forth in the violation notice issued and served, or additional notices issued in accordance with this chapter. Violators shall be given no less than three opportunities to appear and failure to appear by the third scheduled hearing date will result in a final determination of liability, as hereinafter set forth.

(D) Hearings shall culminate in a determination of liability or non-liability, made by the Hearing Officer, who shall consider testimony and other evidence without the application of the formal or technical rules of evidence. The Hearing Officer shall, upon a determination of liability, assess fines and penalties in accordance with § 73.09.

(E) Persons appearing to contest the alleged standing, parking or compliance violation on it’s merits may be represented by counsel at their own expense.

(F) The final determination of any matter which may be decided by the Hearing Officer may be reviewed as is hereinafter set forth. (Ord. 1415, passed 4-21-1998)

§ 73.05 ADDITIONAL NOTICES.

(A) Upon failure of the registered owner or lessee of the cited vehicle to appear at the administrative hearing indicated in the vehicular standing, parking or compliance violation notice(s), or upon final determination of violation liability, the Traffic Compliance Administrator shall send or cause to be sent additional notices which:

(1) Shall be sent to the registered owner or lessee of the cited vehicle at the address as is recorded with the Secretary of State;

(2) Shall be sent to the lessee of the cited vehicle at the address last known to the lessor of the cited vehicle at the time of the lease;

(3) Shall be sent by first class mail, postage prepaid; and

(4) Service of additional notices sent in accordance herewith shall be complete as of the date of deposit in the United States mail.

(B) The additional notices sent in accordance herewith shall be in the following sequence and contain, but not be limited to the following information. 28 Madison - Traffic Code

(1) Upon the failure of the registered owner or lessee of the cited vehicle to appear at the hearing set forth in the vehicular standing, parking or compliance violation notice(s), additional notice(s) shall be sent, as above set forth, and shall contain, but not be limited to the following information:

(a) Date and location of violation cited in the vehicular standing, parking or compliance violation notice;

(b) Particular standing, parking or compliance violated;

(d) Fine and any penalty that may be assessed for late payment;

(e) Notice to the registered owner or lessee of their current status, other than paid in full;

(f) Date, time and place of the administrative hearing at which the alleged violation may be contested on its merits;

(g) Statement that failure to either pay fine and any applicable penalty or failure to appear at the hearing on its merits on the date and at the time and place specified will result in a final determination of vehicle standing, parking or compliance violation(s) liability for the cited violation in the amount of the fine and penalty indicated; and

(h) Statement that upon the occurrence of a final determination of vehicular standing, parking or compliance violation(s) liability for the failure, and the exhaustion of, or the failure to exhaust, available administrative or judicial procedures for review, any unpaid fine or penalty will constitute a debt due and owing the city.

(2) A notice of final determination of vehicular standing, parking or compliance violation(s) liability shall be sent following an appearance by the violator and a determination of liability or the failure to appear by the violator by the third and final hearing date upon conclusion of any administrative and/or judicial review, as is hereinafter set forth, and the notice shall contain, but not be limited to the following information and warnings:

(a) A statement that the unpaid fine and any penalty assessed is a debt due and owing the city;

(b) A warning that failure to pay the fine and any penalty due and owing the city within the time specified may result in the city’s filing a complaint in the Circuit Court to have the unpaid fire or penalty rendered a judgement in accordance with ILCS Ch. 625, Act 5, § 11-208.3(f), incorporated herein and made a part hereof by reference; Administration and Enforcement 29

(c) A warning that the vehicle owned by the person and located within the city may be impounded for failure to pay fines or penalties for five or more vehicular standing, parking or compliance violations; and

(d) A warning that the person’s driver’s license may be suspended for failure to pay fines or penalties for ten or more vehicular standing or parking violations under ILCS Ch. 625, Act 5, § 6-306.5, incorporated herein and made a part hereof by reference.

(3) A notice of impending suspension of a person’s drivers license shall be sent to any person determined to be liable for the payment of any fine or penalty that remains due and owing on ten or more vehicular standing or parking regulation violation(s).

(a) The notice shall state that the failure to pay the fine or penalty owing within 45 days of the date of the notice will result in the city’s notifying the Secretary of State that the person is eligible for initiation of suspension proceedings under ILCS Ch. 625, Act 5, § 6-306.5, incorporated herein and made a part hereof by reference.

(b) The notice of impending drivers license suspension shall be sent by first class mail, postage prepaid, to the address recorded with the Secretary of State. (Ord. 1415, passed 4-21-1998)

§ 73.06 FINAL DETERMINATION OF LIABILITY.

A final determination of vehicular standing, parking or compliance violation(s) liability shall:

(A) Occur following the failure to pay the total assessed fine or penalty after the Hearing Officer’s determination of vehicular standing, parking or compliance violation(s) liability and the exhaustion of or the failure to properly request any administrative review procedures or remedies created hereinafter set forth in § 73.07; or

(B) Where a person fails to appear at a prior hearing or by the third and final administrative hearing provided to contest the alleged violation(s) on the date and at the time and place specified in a prior served or mailed notice, the Hearing Officer’s determination of vehicular standing, parking or compliance violation(s) liability shall become final:

(1) Upon denial of a timely petition to set aside that determination; or

(2) Upon the expiration of the period for filing the petition without a filing having been made. (Ord. 1415, passed 4-21-1998) 30 Madison - Traffic Code

§ 73.07 REVIEW.

A petition to set aside a determination of vehicular standing, parking or compliance violation(s) liability may be filed by a person owing an unpaid fine or penalty in the manner and subject to the restrictions and grounds hereinafter set forth.

(A) A written petition to set aside a determination of liability must be filed in the office of the Traffic Compliance Administrator within, but not later than, 14 days from the date the determination of liability is made.

(B) The Traffic Compliance Administrator shall act upon the petition(s) timely filed and render a decision thereon within 14 days of the date filed.

(1) The person against whom the determination of liability is made was not the owner or lessee of the cited vehicle on the date the vehicular standing, parking or compliance violation notice(s) was issued;

(2) The person who paid the fine or penalty prior to the determination of liability for the violation(s) in question; and

(3) Excusable failure to appear at or request a new date for a hearing.

(D) Should the determination of liability be set aside, the Traffic Compliance Administrator shall:

(1) Notify the registered owner or lessee, as the case may be, that the determination of liability has been set aside;

(2) Notify the registered owner or lessee, as the case may be, of a date, time and place for a hearing on the merits of the violation for which determination of liability has been set aside;

(3) Notice of setting aside of the determination of liability and the notice of the hearing date shall be by first class mail, postage prepaid to the address set forth on the petition to set aside the determination of liability; and

(4) Service of the notice shall be complete on the date the notice(s) are deposited in the United States mail. (Ord. 1415, passed 4-21-1998) Administration and Enforcement 31

§ 73.08 NON-RESIDENT PROCEDURES.

Non-residents of the city who have been served a vehicular standing, parking or compliance violation notice, in accordance with this chapter, may contest the alleged violation on its merits, as could a resident, or may contest the validity without personally appearing at an administrative hearing by:

(A) Completing, in full, the non-resident request for hearing section of the violation notice, served upon him or her pursuant to this chapter;

(B) Signing the non-resident request for hearing in the space specified in the violation notice, and acknowledging that his or her personal appearance is waived and submitting to an adjudication based upon the notarized statement filed by him or her and the facts contained in the violation notice;

(C) Filing the violation notice, with the request for hearing section fully completed with the Traffic Compliance Administrator and postmarked within ten days of the violation notice issuance: (The request shall be deemed filed upon receipt by the Traffic Compliance Administrator.)

(D) Filing a notarized statement of facts specifying the grounds for challenging the violation notice which must be filed with the Traffic Compliance Administrator and postmarked within ten days of the violation notice issuance; (The request shall be deemed filed upon receipt by the Traffic Compliance Administrator. The acceptance of a non-resident request for hearing after the due date or with cause, at the discretion of the Traffic Compliance Administrator, may be accepted for hearing consideration and decision.)

(E) The Hearing Officer shall make an adjudication based upon the facts set forth in the notarized statement of facts filed by the non-resident and as is contained in the violation notice:

(F) Notice of the determination of the Hearing Officer shall be served upon the non-resident by first class mail, postage prepaid, addressed to the non-resident at the address set forth in the submitted statement of facts;

(G) Service of the violation notice shall be complete on the date the notice is placed in the United States mail; and

(H) All other provisions of this chapter shall apply equally to non-residents of the city. (Ord. 1415, passed 4-21-1998)

§ 73.09 SCHEDULE OF FINES AND PENALTIES.

(A) The fines and penalties, which shall be imposed for vehicular standing, parking or compliance violation(s), shall be as follows: 32 Madison - Traffic Code

Fine Payment Schedule Part One - No Hearing Requested Fine Schedule General Fine Handicapped Traffic Amount Fine Amount Compliance

Step 1: Upon service of a violation notice issued $50 $100 $50 and paid within ten days of the violation notice issuance, and no request for hearing has been timely filed Step 2: Having failed to pay the fine amount by the $100 $150 $100 deadline date (within ten days of the violation notice issuance) as specified in Step 1, if paid after the deadline date in Step 1 above, but within 30 days of the violation notice issuance, and no request for hearing has been timely filed Step 3: Having failed to pay the fine amount by the $150 $175 $150 deadline date (within 30 days of the violation notice issuance) as specified in Step 2, if paid after the deadline date in Step 2 above, but within 60 days of the violation notice issuance, and no request for hearing has been timely filed Step 4: Having failed to pay the fine amount by the $200 $200 $200 deadline date (within 60 days of the violation notice issuance) as specified in Step 3, if paid after the deadline date in Step 3 above, but within 90 days of the violation notice issuance, and no request for hearing has been timely filed Step 5: Having failed to pay the fine amount by the $250 $250 $250 deadline date (within 90 days of the violation notice issuance) as specified in Step 4, if paid after the deadline date in Step 4 above, and no request for hearing has been timely filed

2003 S-1 Administration and Enforcement 32A

Fine Payment Schedule Part Two - Hearing Requested, Held and Finding of Liability Made Fine Schedule General Fine Handicapped Traffic Amount Fine Amount Compliance

Step A: Upon the issuance of a violation notice $50 $100 $50 and a timely request for hearing being made and a finding of liability at said hearing being made and paid within ten days of the finding of liability

Step B: Having failed to pay the fine amount by $100 $150 $100 the deadline date (within ten days of the finding of liability) as specified in Step A, if paid after the deadline date in Step A above, but within 30 days of the finding of liability

Step C: Having failed to pay the fine amount by $150 $175 $150 the deadline date (within 30 days of the finding of liability) as specified in Step B, if paid after the deadline date in Step B above, but within 60 days of the finding of liability

Step D: Having failed to pay the fine amount by $200 $200 $200 the deadline date (within 60 days of the finding of liability) as specified in Step C, if paid after the deadline date in Step C above, but within 90 days of the finding of liability

Step E: Having failed to pay the fine amount by $250 $250 $250 the deadline date (within 90 days of the finding of liability) as specified in Step D, if paid after the deadline date in Step D above

(B) (1) The fines and penalties herein set forth shall be uniformly applied for each violation of any applicable city ordinance.

(2) Any person subject to fine and penalty under Fine Payment Schedule Part Two, Steps A, B, C, or D who files a timely petition to set aside pursuant to § 73.07, or who seeks judicial review as referenced in § 73.12, may avoid the increase of the next and subsequent steps by paying the amount indicated by the applicable step at the time of payment. If under § 73.07 a finding of no liability is made or if the fine is reversed on judicial review, the city shall refund said fine and penalties paid under this section.

(C) The city adopts by reference all current and future local standing, parking or condition of vehicle ordinances and those provisions of the State Complied Statues governing the standing, parking

2003 S-1 32B Madison - Traffic Code or condition of vehicles for its enforcement and adjudication within the geographical boundaries of the city and in those areas subject to off-street parking agreements. (Ord. 1415, passed 4-21-1998; Am. Ord. 1607, passed 3-25-2003)

§ 73.10 CERTIFIED REPORT; CONTESTING REPORT.

(A) Upon a failure to pay fines and penalties deemed due and owing the city after the exhaustion of administrative procedures set forth herein for ten or more vehicular parking regulation violations, the

2003 S-1 Administration and Enforcement 33

Traffic Compliance Administrator shall make a certified report to the Secretary of State stating that the owner of a registered vehicle has failed to pay any fine or penalty due and owing the city as a result of ten or more violations of city vehicular standing or parking regulations and thereby cause the suspension of that person’s driver’s license.

(B) The Traffic Compliance Administrator shall take no further action unless and until the fines and penalties due and owing the city are paid or upon determination that the inclusion of the person’s name on the certified report was in error. At the time, the Traffic Compliance Administrator shall submit to the Secretary of State a notification which shall result in the halting of a driver’s license suspension proceedings. The person named therein shall receive a certified copy of the notification upon request and at no charge.

(C) Persons may challenge the accuracy of the certified report by completing a form provided by the office of the Traffic Compliance Administrator. The form shall specify the grounds on which the challenge is based. Grounds for challenge shall be limited to the following:

(1) The person was neither the owner nor the lessee of the vehicle(s) receiving ten or more violation notices on the date or dates the notices were issued; or

(2) The person has paid the fine and/or penalty for the ten or more violations indicated on the certified report.

(D) The Traffic Compliance Administrator shall render a determination within 14 business days of receipt of the objection form and shall notify the objector of the determination. (Ord. 1415, passed 4-21-1998)

§ 73.11 IMMOBILIZATION; TOWING AND IMPOUNDING.

(A) Any motor vehicle, whose registered owner has been determined to be liable for five or more vehicular standing, parking or compliance violation(s) for which the fines or penalties assessed remain unpaid, may be immobilized or towed and impounded if:

(1) The Traffic Compliance Administrator has determined that a person has been determined to be liable for five or more vehicular standing, parking or compliance violation(s) for which the fines or penalties remain unpaid.

(2) The person determined to be liable for five or more violations is the registered owner of a motor vehicle located within the city’s geographical boundaries.

(3) A pre-towing notice has been sent to the registered owner of the motor vehicle located within the geographical boundaries of the city which pre-towing notice shall contain, but not be limited to the following: 34 Madison - Traffic Code

(a) A final determination has been made on five or more vehicular standing, parking or compliance violation(s) for which the fines and penalties remain unpaid;

(b) A listing of the violation(s) for which the person has been determined to be liable, which shall include for each violation:

1. The vehicular standing, parking or compliance violation notice number;

2. Date of issuance of the violation notice(s); and

3. Total amount of fine(s) and penalty(s) assessed.

(c) The motor vehicle(s) owned by the person and located within the city is subject to immobilization and/or towing and impoundment if the fines and penalties are not paid within 14 days of the date of the pre-towing notice;

(d) The registered owner may contest the validity of the pre-towing notice by fully completing and signing the request for hearing portion of the pre-towing notice and by filing the request for hearing with the Traffic Compliance Administrator within, but not later than, 14 days of the date of the pre-towing notice; and

(e) The request for hearing shall be deemed filed upon receipt by the Traffic Compliance Administrator.

(4) The registered owner of the motor vehicle(s) to whom a pre-towing notice is sent has failed to make payment of the fines or penalties as specified in the pre-towing notice and no timely request for hearing has been filed with the Traffic Compliance Administrator to contest the validity of the notice; and

(5) Upon the receipt of a request for hearing to contest the validity or the pre-towing notice of impending immobilization or towing and impoundment, the Traffic Compliance Administrator shall schedule an administrative hearing, to contest the validity of pre-towing notice by disproving liability for the unpaid final determinations of parking, standing or compliance violation liability listed on the pre- towing notice, on the next available hearing date, but, in no case, shall the hearing be schedule later than 60 days after the request for hearing is filed.

(a) The Traffic Compliance Administrator shall serve notice of the hearing date upon the registered owner.

(b) Notice shall be sent by first class mail, postage prepaid, to the address as is set forth on the request for hearing.

(c) Service of the notice shall be complete on the date it is placed in the United States mail. Administration and Enforcement 35

(B) The registered owner of a vehicle(s) immobilized or towed and impounded under this section, shall have the right to a prompt administrative hearing without the requirement of payment of outstanding fines and penalties for which final determination has been made.

(1) The Traffic Compliance Administrator shall serve a post-towing notice upon the registered owner of a vehicle immobilized or towed and impounded under this section which post-towing notice shall contain, but not be limited to the following information:

(a) Date of immobilization or towing and date of impoundment;

(b) Location of vehicle;

(c) That the vehicle was immobilized under this section of this chapter for non-payment of fines or penalties assessed for five or more vehicular standing, parking or compliance violation(s) for which the registered owner has been determined liable and notified of impending immobilization or towing and impoundment;

(d) Date of the pre-towing notice of impending immobilization or towing and impoundment; and

(e) That the registered owner may contest the validity of the immobilization or towing and impoundment by completing and signing the request for hearing portion of the notice and filing the request for hearing with the Traffic Compliance Administrator within, but not later than, 14 days of the date of the post-towing notice which shall be deemed filed upon receipt by the Traffic Compliance Administrator.

(2) Upon the receipt of the request for hearing to contest the validity of the immobilization or towing and impoundment, the Traffic Compliance Administrator shall schedule an administrative hearing, to contest the validity of the immobilization or towing and impoundment, on the next available hearing date or sooner for good cause shown, but in no case shall the hearing be scheduled later than 60 days after the request for hearing is filed.

(a) The Traffic Compliance Administrator shall serve notice of the hearing date upon the registered owner.

(b) Notice shall be sent by first class mail, postage prepaid to the address as is set forth on the request for hearing.

(3) An order entered after the hearing to contest the validity of the immobilization or towing and impoundment is a final administrative decision within the meaning of ILCS Ch. 735, Act 5, §§ 3-101 et seq., incorporated herein and made a part hereof by reference. 36 Madison - Traffic Code

(C) A vehicle impounded pursuant to this section shall be released to the registered owner thereof, or his or her agent, upon payment of the fines and penalties due and owing the city as specified in the pre-towing notice sent in accordance with division (A)(3) above and the payment of towing charges and accrued daily impound charges or upon order of the Hearing Officer following hearing contesting the validity of the impoundment.

(D) The Traffic Compliance Administrator shall appoint or retain the services of an individual agency or company to tow and impound vehicles in accordance herewith, provided:

(1) The individual, agency or company is fully licensed according to local and state law;

(2) The individual, agency or company is fully insured; and

(3) (a) The individual, agency or company has available a secured impound area within which to retain vehicles impounded hereunder.

(b) For the purpose of this division (D)(3), the following definition shall apply unless the context clearly indicates or requires a different meaning.

SECURED AREA. An area bounded by a fence, chain-link or otherwise, of a sufficient height and with locking gates so as to minimize or prevent unauthorized entry into the impounded vehicles. (Ord. 1415, passed 4-21-1998)

§ 73.12 JUDICIAL REVIEW.

Judicial review of final determinations of vehicular standing, parking or compliance violation(s) and final administrative decisions issued after hearing(s) regarding vehicle immobilization or towing and impoundment made under the provisions of this chapter shall be subject to the provisions of the Administrative Review Act, as set forth in ILCS Ch. 735, Act 5, §§ 3-101 et seq., incorporated herein and made a part hereof by reference. (Ord. 1415, passed 4-21-1998)

§ 73.13 DEBT TO CITY.

Any fine, penalty or part of any fine or any penalty assessed in accordance with the provisions of this chapter and remaining unpaid after the exhaustion of or the failure to properly request any administrative review procedure or remedies created under this section and the conclusion of any judicial

2003 S-1 Administration and Enforcement 37 review procedures shall be a debt due and owing the city and, as such, may be collected in accordance with the applicable law. Payment in full of any fine or penalty resulting from a standing, parking or compliance violation shall constitute a final disposition of that violation, except as to the provisions of § 73.09(B)(1). (Ord. 1415, passed 4-21-1998; Am. Ord. 1607, passed 3-25-2003)

§ 73.14 JUDGMENT.

(A) The Traffic Compliance Administrator shall, following the expiration of the period within which administrative or judicial review may be sought for a final determination of violation, take all necessary action(s), execute all required documents and appoint or retain any individual or agency deemed appropriate to obtain a judgment against and collect moneys from the person(s) who have been assessed fines or penalties which remain unpaid and have become a debt due and owing the city in accordance with the provisions of this chapter and ILCS Ch. 625, Act 5, § 11-208.3, by:

(1) Filing a complaint in the Circuit Court praying for the entry of a judgment against the person for whom a final determination of liability for standing, parking or compliance violation(s) has been made;

(2) Attaching to the complaint filed by the Traffic Compliance Administrator or individual or agency on behalf of the city seeking entry of a judgment against an individual for unpaid fines and/or penalties pursuant to a final determination of standing, parking or compliance violation(s) the following:

(a) A certified copy of the final determination of the standing, parking or compliance violation(s); and

(b) A certification that recites facts sufficient to show that the final determination of standing, parking or compliance violation(s) was(were) issued in accordance with this chapter and ILCS Ch. 625, Act 5, § 11-208.3.

(3) Nothing shall prevent the city from consolidating multiple final determinations of standing, parking or compliance violation(s) liability in an action in the Circuit Court against an individual; and

(4) Pursuing all available remedies, allowed by law, to collect money judgments.

(B) Service of summons and a copy of the complaint may be served upon the person against whom a judgment is sought under the provisions of this chapter by any method provided under ILCS Ch. 735, Act 5, § 2-203, which is incorporated herein and made a part hereof by reference, or by certified mail, return receipt requested, provided the total amount of fines and penalties for final determination of standing, parking or compliance violation(s) does not exceed $2,500. (Ord. 1415, passed 4-21-1998)

2003 S-1 38 Madison - Traffic Code CHAPTER 74: TRAFFIC SCHEDULES

Schedule

I. One-way streets II. Two-way streets III. Speed limits IV. Stop streets and intersections V. Turning movements VI. Restricted operation VII. Weight limits VIII. Through streets IX. Traffic-control signals; erection and maintenance

SCHEDULE I. ONE-WAY STREETS.

It shall be unlawful for any person driving any motor vehicle to travel contrary to the following. The Superintendent of Streets shall erect the appropriate signs.

Street Location Direction Ord. Date No. Passed

Gillespie Street From its intersection with Edwardsville Road to All, except south 1145 5-2-1989 its intersection with Meridian Avenue McCambridge Between Plum Street and Edwardsville Road South 1008 6-8-1982 Street (Illinois Route 203) Staunton Street From its intersection with Edwardsville Road to All, except north 1144 5-2-1989 its intersection with Meridian Avenue

Penalty, see § 70.99

39 40 Madison - Traffic Code Traffic Schedules 41

SCHEDULE II. TWO-WAY STREETS.

It shall be unlawful for a person driving any motor vehicle to travel contrary to the following. The Superintendent of Streets shall erect the appropriate signs.

Street Special Provision Ord. No. Date Passed 2nd Street Travel shall be on the right-hand side only 1161 4-3-1990 3rd Street Travel shall be on the right-hand side only 1161 4-3-1990

Penalty, see § 70.99 42 Madison - Traffic Code Traffic Schedules 43

SCHEDULE III. SPEED LIMITS.

It shall be unlawful for any person driving any motor vehicle to drive in a speed exceeding the following. The Superintendent of Streets shall erect the appropriate signs.

Street Location Special Speed Ord. Date Provisions Limit No. Passed

Chain of Rock Both sides approaching the Chain From 600 feet 25 mph 1591B 9-24-2002 Road of Rocks Canal Bridge and on said east or west bridge itself Chain of Rock Both sides approaching the Chain between 20 mph 1591B 9-24-2002 Road of Rocks Canal Bridge and on said westernmost and bridge itself easternmost bridge abutment Farish Street From 4th Street to Rhodes Street School speed 20 mph 1158 10-3-1989 zone; from 7 a.m. to 4 p.m. Farish Street Beginning at a point approx. half School speed 20 mph 1589 9-10-2002 the length of the block between zone; from 7 a.m. Harris Avenue and Skeen Street to 4 p.m. and proceeding south to a point approx. 50 feet beyond the intersection with Fourth Street Farish Street Beginning at its intersection with School speed 20 mph 1589 9-10-2002 Milan and proceeding south to a zone; from 7 a.m. point approx. three quarters of the to 4 p.m. block between McCasland and Beckwith McCasland Beginning at a point approx. 125 School speed 20 mph 1589 9-10-2002 Street feet west of its intersection with zone; from 7 a.m. Farrish Avenue and proceeding to 4 p.m. east through said intersection onto Caine Drive to a point approximately 400 feet east of its intersection with Farrish Avenue McCasland From Rhodes Street to a point 500 School speed 20 mph 1158 10-3-1989 Avenue/Caine feet east of its intersection of zone; from 7 a.m. Drive Farish Street to 4 p.m.

2003 S-1 44 Madison - Traffic Code

Street Location Special Speed Ord. Date Provisions Limit No. Passed

Seventh Street Beginning at its intersection with School speed 20 mph 1588 9-10-2002 Lee Street and proceeding zone; from 7 a.m. generally east to and including its to 4 p.m. intersection with Sixth Street

State Street 35 mph 755 2-21-1962

Penalty, see § 70.99

2003 S-1 Traffic Schedules 45

SCHEDULE IV. STOP STREETS AND INTERSECTIONS.

It shall be unlawful for any person driving any motor vehicle to fail to stop at the following intersections. The Superintendent of Streets shall erect the appropriate signs.

Street Location Direction(s) Type of Stop Ord. Date Passed No.

Intersection of Illinois One-way 1551 6-19-2001 Highway Route 203 and Maverick Avenue In front of Madison School stop 673 7-1-1952 Recreation Center 2nd Street Intersection with West 936 6-14-1977 Highland Avenue Intersection with East 863 3-28-1972 Highland Street Intersection with Alton School stop 674 7-1-1952 Avenue 3rd Street Intersection with Alton School stop 674 7-1-1952 Avenue 4th Street Intersection with East and west 865 5-9-1972 Highland Street Intersection with Alton School stop 674 7-1-1952 Avenue 5th Street Intersection with East and west 862 3-28-1972 Highland Street Intersection with Alton School stop 674 7-1-1952 Avenue 6th Street Intersection with East 859 3-14-1972 Ewing Avenue Intersection with Alton School stop 674 7-1-1952 Avenue 7th Street Between “L” Street School stop 674 7-1-1952 and Alton Avenue 46 Madison - Traffic Code

Street Location Direction(s) Type of Stop Ord. Date Passed No.

8th Street Intersection with South and north 899 8-12-1975 Washington Avenue Intersection with Alton East 860 3-28-1972 Avenue

10th Street Intersection with Lee East 882 10-9-1973 Avenue Intersection with Iowa East and west 889 5-21-1974 Street

Intersection with Alton South 881 10-9-1973 Avenue Intersection with East and west 938 7-26-1977 Washington Avenue

12th Street Intersection with Iowa East 923 11-2-1976 Street 13th Street Intersection with Iowa East and west 955 9-18-1979 Street

Alton Avenue Intersection with North 880 10-9-1973 James Street Collinsville Avenue Intersection with Alton East and west 924 11-17-1976 Street

Farish Street Intersection with North 929 1-11-1977 McCasland Avenue Intersection with 6th North and south 1199 9-2-1991 Street

Farrish Street Intersection with North and south 1211 9-15-1992 Skeen Street Gillespie Street Intersection with West 1095 12-3-1985 Meridian Avenue

Grand Avenue Intersection with 12th Both 1033 10-25-1983 Street Traffic Schedules 47

Street Location Direction(s) Type of Stop Ord. Date Passed No.

Greenwood Street Intersection with Plum South and north 900 8-12-1975 Street Intersection with North and south 914 6-29-1976 James Avenue

Iowa Street Intersection with 12th West 922 10-5-1977 Street James Street Intersection with Alton West 864 3-28-1972 Avenue

Intersection with East 1093 12-3-1985 Reynolds Street McCambridge Avenue Intersection with South 956 9-18-1979 Elizabeth Street

Intersection with Plum South 1387 12-2-1997 Street Milan Street Intersection with East 861 3-28-1972 Rhodes Avenue

Intersection with West 870 10-24-1972 Rhodes Avenue Reynolds Street Intersection with Plum North and south 925 11-20-1976 Street

Rhodes Avenue Intersection with West 871 10-24-1972 McNair Avenue Intersection with West 869 10-24-1972 Farish Street

Rhodes Street Intersection with East 872 11-22-1972 McNair Street Intersection with East 873 1-16-1973 Farish Street

Intersection with 6th South 858 3-14-1972 Street Intersection with Alton School stop 674 7-1-1952 Avenue 48 Madison - Traffic Code

Street Location Direction(s) Type of Stop Ord. Date Passed No. State Street Railroad grade North and south 911 3-23-1976 crossing with the tracks of Illinois Terminal Railroad Company Staunton Avenue Intersection with West 1094 12-3-1985 Meridian Avenue

Penalty, see § 70.99 Traffic Schedules 49

SCHEDULE V. TURNING MOVEMENTS.

It shall be unlawful for any person driving any motor vehicle to make turning movements contrary to the following. The Superintendent of Streets shall erect the appropriate signs.

Street Direction(s) Restrictions/Special Provisions Ord. No. Date Passed

Bissell Street No U-turn 1556 7-17-2001 McCambridge North No turning to the left in a westerly direction 814 4-1-1969 Avenue and onto 2nd Street No turning left in a southerly direction and into 814 4-1-1969 Edwardsville Road Illinois Route 3 East No U-turn 1556 7-17-2001 West 2nd Street West No U-turn 1556 7-17-2001

Penalty, see § 70.99 50 Madison - Traffic Code Traffic Schedules 51

SCHEDULE VI. RESTRICTED OPERATION.

It shall be unlawful for any person driving any vehicle to travel contrary to the following. The Superintendent of Streets shall erect appropriate signs.

Street Restrictions/Special Provisions Direction(s) Ord. No. Date Passed 2nd Street No motor truck, tractor or trailer shall be All 725 9-22-1959 operated McCambridge Avenue Operation across the intersection of North 814 4-1-1969 Edwardsville Road and McCambridge Avenue and onto that part of McCambridge Avenue lying north of the intersection

Penalty, see § 70.99 52 Madison - Traffic Code Traffic Schedules 53

SCHEDULE VII. WEIGHT LIMITS.

(A) It shall be unlawful for any person driving any motor vehicle to drive in the following locations in the city in excess of the following vehicle weights.

(B) The Superintendent of Streets shall erect appropriate signs.

Street Location Weight Ord. Date Passed Limit No

2nd Street Five tons 1634 4-20-2004 3rd Street Five tons 1634 4-20-2004

4th Street Five tons 1634 4-20-2004 5th Street Five tons 1634 4-20-2004

6th Street Five tons 1634 4-20-2004 7th Street Five tons 1634 4-20-2004

8th Street Five tons 1634 4-20-2004 10th Street Five tons 1634 4-20-2004

12th Street Five tons 1634 4-20-2004 13th Street Five tons 1634 4-20-2004

14th Street Five tons 1634 4-20-2004 Alton Avenue Five tons 1634 4-20-2004

Beckwith Avenue Five tons 1634 4-20-2004 Bissell Avenue Five tons 1634 4-20-2004

Collinsville Avenue Five tons 1634 4-20-2004 Edwardsville Road From Alton Avenue to McCambridge Five tons 1634 4-20-2004 Avenue

Elizabeth Street Five tons 1634 4-20-2004 Ewing Avenue Five tons 1634 4-20-2004

Farrish Street Five tons 1634 4-20-2004 Franklin Street Five tons 1634 4-20-2004

2004 S-2 54 Madison - Traffic Code

Street Location Weight Ord. Date Passed Limit No

Golf Drive Five tons 698 4-20-2004 Grand Avenue Five tons 1634 4-20-2004

Greenwood Street Five tons 1634 4-20-2004

Harris Street Five tons 1634 4-20-2004

Highland Avenue Five tons 1634 4-20-2004

Iowa Street Five tons 1634 4-20-2004

Jackson Street Five tons 1634 4-20-2004

James Street Five tons 1634 4-20-2004

Jefferson Street Five tons 1634 4-20-2004

Kohl Street Five tons 1634 4-20-2004

Lee Avenue Five tons 1634 4-20-2004

Madison Avenue 10,000 lbs. 1558 8-14-2001

Market Street Five tons 1634 4-20-2004

McCambridge Avenue From Elizabeth Street to Edwardsville Five tons 1634 4-20-2004 Road

McCasland Avenue Five tons 1634 4-20-2004

McNair Avenue Five tons 1634 4-20-2004

Milan Avenue Five tons 1634 4-20-2004

Plum Street Five tons 1634 4-20-2004

Race Street Five tons 1634 4-20-2004

Reynolds Street Five tons 1634 4-20-2004

Rhodes Street Five tons 1634 4-20-2004

Skeen Street Five tons 1634 4-20-2004

State Street 10,000 lbs. 1558 8-14-2001

Washington Avenue Five tons 1634 4-20-2004

2004 S-2 Traffic Schedules 55

Street Location Weight Ord. Date Passed Limit No

Webster Street Five tons 1634 4-20-2004 West Washington Five tons 1634 4-20-2004 Street West 2nd Street From Bissell Street to Madison Street Five tons 1634; 4-20-2004; 1791 1-26-2016 West 3rd Street From Bissell Street to Madison Street Five tons 1634; 4-20-2004; 1791 1-26-2016 West Madison Street Five tons 1634 4-20-2004

(C) Exceptions. When making local deliveries to destinations on or operating at work sites located on Madison Avenue or on State street, or within the corporate boundaries of the city, heavy motor vehicles and equipment weighing in excess of five tons gross weight as set forth in this section, may operate on west 3rd Street from Illinois State Route 203 to 3rd Street’s intersection with Alton Avenue, then south on Alton Avenue to Wayne Lanter Avenue. The street commonly known as Fairway Drive (from Eagle Park Road to the limits of Fairway Drive) will be designated as a truck route. The street commonly known as Industrial Street, from Eagle Park Road to the city corporate limits for as much as roadway improvements are made.

(D) When any vehicle is operated in violation of this Schedule VII, the owner or driver of the vehicle shall be deemed guilty of a violation and either the owner or the driver of the vehicle may be prosecuted for the violation. Any person, firm, or corporation convicted of violating this Schedule VII shall be fined $50 for any weight exceeding the posted limit up to the axle or gross weight limit allowed a vehicle as provided for in ILCS Ch. 625, Act 5, § 15-111(a) or (b) and $75 per every 500 pounds or fraction thereof for any weight exceeding that which is provided for in ILCS Ch. 625, Act 5, § 15-111(a) or (b). (Ord. 1635, passed 4-20-2004; Am. Ord. 1651, passed 5-3-2005; Am. Ord. 1680, passed 12-12-2006; Am. Ord. 1682, passed 12-26-2006; Am. Ord. 1710, passed 6-9-2009; Am. Ord. 1791, passed 1-26-2016) Cross-reference: Other size and weight restrictions, see §§ 70.45 through 70.49

2017 S-11 56 Madison - Traffic Code Traffic Schedules 57

SCHEDULE VIII. THROUGH STREETS.

The following streets are considered through streets.

Street Location Ord. No. Date Passed

2nd Street 674 7-1-1952 3rd Street 674 7-1-1952 4th Street 674 7-1-1952 5th Street 674 7-1-1952 6th Street 674 7-1-1952 7th Street 674 7-1-1952 8th Street 674 7-1-1952 10th Street 674 7-1-1952 12th Street 674 7-1-1952 13th Street 674 7-1-1952 14th Street 674 7-1-1952 Alton Avenue From 7th Street to Elizabeth Street 674 7-1-1952 Beckwith Street From Rhodes Street to Farrish Street 674 7-1-1952 Bissell Street 723 7-28-1959 Collinsville Avenue 674 7-1-1952 County Road 723 7-28-1959 Edwardsville Road From Alton Avenue to McCambridge 674 7-1-1952 Avenue Elizabeth Street 674 7-1-1952 Franklin Street 723 7-28-1959 Grand Avenue From 8th Street to 14th Street 674 7-1-1952 Greenwood Street From Edwardsville Road to Elizabeth Street 674 7-1-1952 Harris Street From McCambridge Avenue to Farrish 674 7-1-1952 Street Jackson Street 723 7-28-1959 58 Madison - Traffic Code

Street Location Ord. No. Date Passed

Jefferson Street 723 7-28-1959 Madison Avenue 674 7-1-1952 Market Street 674 7-1-1952 McCambridge Avenue From 2nd Street to Edwardsville Road 674 7-1-1952 Reynolds Street From Edwardsville Road to Elizabeth Street 674 7-1-1952 Rhodes Street From Alton Avenue to Farrish Street 674 7-1-1952 State Street 674 7-1-1952 Washington Avenue From 7th Street to 14th Street 674 7-1-1952 Webster Street 723 7-28-1959 West Washington Street 723 7-28-1959 West 3rd Street 723 7-28-1959 West 2nd Street 723 7-28-1959 West Madison Street 723 7-28-1959 Traffic Schedules 59

SCHEDULE IX. TRAFFIC-CONTROL SIGNALS; ERECTION AND MAINTENANCE.

Traffic-control signs and signals shall be erected and maintained at the following locations.

Street Location Special Type of Signal(s) Ord. Date Provisions No. Passed

3rd Street Intersection with Electric traffic-control and 730 1-26-1960 Madison Avenue pedestrian crosswalk signals 6th Street Intersection with School crossing and 747 3-28-1969 Madison Avenue pedestrian crosswalk signals Intersection with Electric traffic-control and 835 1-20-1970 McCambridge pedestrian crosswalk signals Avenue 10th Street Intersection with School crossing and 747 3-28-1969 Madison Avenue pedestrian crosswalk signals 12th Street Intersection with Electric traffic-control and 730 1-26-1960 Madison Avenue pedestrian crosswalk signals Madison Intersection with Electric traffic-control and 730 1-26-1960 Avenue 3rd Street pedestrian crosswalk signals Intersection with Electric traffic-control and 730 1-26-1960 12th Street pedestrian crosswalk signals Intersection with School crossing and 747 3-28-1969 6th Street pedestrian crosswalk signals Intersection with School crossing and 747 3-28-1969 10th Street pedestrian crosswalk signals McCambridge Intersection with Electric traffic-control and 835 1-20-1970 Avenue 6th Street pedestrian crosswalk signals State Street 1300 Block Exit from General Electric traffic-control 768 4-28-1964 Steele Industries, signals Inc., parking lot 60 Madison - Traffic Code CHAPTER 75: PARKING SCHEDULES

Schedule

I. Handicapped parking spaces II. Parking restrictions III. Loading and unloading Cross-reference: Regulating paved municipal parcels and lots, see § 130.07

SCHEDULE I. HANDICAPPED PARKING SPACES.

It shall be unlawful for any person driving a motor vehicle to park in any of the following spaces unless physically handicapped and authorized to do so. The Superintendent of Streets shall erect appropriate signs.

Location Ord. No. Date Passed

500 West 2nd Street 1545 1-30-2001 1129 Reynolds 1544; 1-30-2001; 1545 1-30-2001 1656 3rd Street 1225 11-23-1993 1658 3rd Street 1126 11-23-1993 832 Greenwood Street 1223 9-14-1993 East side of Iowa Street, beginning at the northeast corner of its intersection 1215 3-2-1993 with 8th Street, distance of 20 feet north therefrom 1310 Washington Avenue 1246 8-16-1994 1601 3rd Street 1259; 7-18-1995; 1335 10-22-1996 1827 Edwardsville Road 1250 1-3-1995 1610 4th Street 1269 9-12-1995 1632 5th Street 1284 1-16-1996 416 Ewing Avenue 1311 6-18-1996

2017 S-11 61 62 Madison - Traffic Code

Location Ord. No. Date Passed

418 Ewing Avenue 1312 6-18-1996 722 Washington Avenue 1319 7-16-1996

940 Alton Avenue 1353 2-25-1997 812 West Washington Street 1357 4-22-1997

1636 2nd Street 1358 4-22-1997 1633 Market Street 1399 1-27-1998

2043 6th Street; rear of property 1459-A 10-6-1998 709 Bissell Street 1460 10-6-1998

1723 5th Street 1469 12-1-1998 6th Street and Madison Avenue intersection; U.S. Post Office 1470 12-1-1998

600 Madison Avenue; Magna Bank, N.A. 1471 12-1-1998 1000 Madison Avenue; Croation Home 1472 12-1-1998

1700 5th Street 1483 4-6-1999 1929 Harris Street 1482 4-6-1999

1630 3rd Street 1480 3-9-1999 1504 3rd Street; Hair Fair 1479 2-23-1999

709 Washington Street 1478 2-23-1999 814 Webster Street 1477 2-23-1999

1819 Edwardsville Road 1505 10-19-1999 925 Madison Avenue 1509 12-27-1999

1641 3rd Street 1510 12-27-1999 1013 Iowa Street 1512 1-25-2000

2043 6th Street 1513 1-25-2000 1993 Harris Street 1538 11-7-2000

1121 Grand Avenue 1539 11-7-2000

Penalty, see § 70.99 Parking Schedules 63

SCHEDULE II. PARKING RESTRICTIONS.

It shall be unlawful for any person driving any motor vehicle to park in the following locations. The Superintendent of Streets shall erect appropriate signs.

Street Location Side(s) Special Ord. Date Passed Provisions No.

New City Hall complex Parking from 7 1348 1-14-1997 a.m. to 6 p.m. only 2nd Street Trailers, trucks 725 9-22-1959 and tractors are prohibited Between the westerly boundary line North 641 11-8-1949 of McCambridge Avenue and the easterly boundary line of Madison Avenue From Madison Avenue to State Parking for an 677 11-18-1952 Street hour at a time during the hours of 7 a.m. and 5 p.m.; parking is prohibited from the hours of 2 a.m. and 6 a.m. 3rd Street 1500 block North No parking in 1391 1-13-1998 designated “Street Department parking” From its intersection with North Designated “tow 1494 6-29-1999 McCambridge Avenue to its away zone” intersection with Highland Avenue From Washington Avenue to State Parking for an 677 11-18-1952 Street hour at a time during the hours of 7 a.m. and 5 p.m.; parking is prohibited from the hours of 2 a.m. and 6 a.m. 64 Madison - Traffic Code

Street Location Side(s) Special Ord. Date Passed Provisions No.

4th Street From Madison Avenue to State Parking for an 677 11-18-1952 Street hour at a time during the hours of 7 a.m. and 5 p.m.; parking is prohibited from the hours of 2 a.m. and 6 a.m. From 1520 4th Street to the corner South All times 1813 10-17-2017 of Madison Ave 6th Street From the centerline of Both 1013 9-14-1982 McCambridge Avenue to a point 80 feet west thereof 7th Street Between Alton Avenue and Lee South Limited to 10 1721 3-30-2010 Street consecutive minutes during the hours of 7:00 a.m. and 4:30 p.m. while school is in session Bissell Street North Between the 790 11-1-1966 hours of 7 a.m. and 5 p.m. The north side of the 800 and 900 North Sundays from 7 1579 5-7-2002 block a.m. to 11:59 p.m.; all times for residents fronted by the no parking zone; anytime by Southern Missionary Baptist Church attendees, participants, or workers Collinsville North Parallel parking 904 9-9-1975 Avenue only permitted South 904 9-9-1975

2019 S-12 Parking Schedules 64A

Street Location Side(s) Special Ord. Date Passed Provisions No.

Eagle Park From its intersection with Highway South Designated “tow 1422 5-19-1998 Road 203 west to the city’s corporate away zone” boundary From its intersection with Highway North Designated “tow 1422 5-19-1998 203 west for a distance of 518 feet away zone” and then beginning again at a point 930 feet west from the intersection west to the city’s corporate boundary

2010 S-8 64B Madison - Traffic Code Parking Schedules 65

Street Location Side(s) Special Ord. Date Passed Provisions No.

Edwardsville West of McCambridge Avenue; North 1009 6-8-1982 Road From McCambridge Avenue to a point 70 feet west of the centerline of McCambridge Avenue, the point being five feet west of McCambridge Avenue West of McCambridge Avenue; South 1009 6-8-1982 From McCambridge Avenue to a point 117 west of the centerline of McCambridge Avenue, the point being 20 feet west of the reconstructed radius return of Edwardsville Road FAP Route 586 (Illinois 203-McCambridge Both 1009 6-8-1982 Avenue and Edwardsville Road); between Rhodes Street and McNair Street Farish Street From Skeen Street northerly to East 1133 8-23-1988 McCasland Avenue From Harris Street northerly to West 1133 8-23-1988 McCasland Avenue FAU Route From the southerly city limits to the Both 1019 11-9-1982 9097 northerly city limits Franklin Street Between the 790 11-1-1966 hours of 7 a.m. and 5 p.m. Frontage Road 10.04 feet of FAP 594 from Big Designated “tow 1417 5-5-1998 Bend Road north to Illinois Terminal away zone” right-of-way Gillespie Street From Edwardsville Road northerly East 1147 5-2-1989 to Meridian Avenue Golf Course From its intersection with Eagle Designated “tow 1424 5-19-1998 Road Park south to its end away zone” 66 Madison - Traffic Code

Street Location Side(s) Special Ord. Date Passed Provisions No.

Illinois Route From Harrison Street north to a Both 1186 2-19-1991 203 (FAP Route point 650 feet south of 6th Street 586 - McCambridge From its intersection with Big Bend Designated “tow 1418 5-5-1998 Avenue) Road west to the city limits away zone” Industrial Drive From its intersection with Eagle Designated “tow 1423 5-19-1998 Park Road south to its end away zone” Jackson Street Between the 790 11-1-1966 hours of 7 a.m. and 5 p.m. Jefferson Street Between the 790 11-1-1966 hours of 7 a.m. and 5 p.m. Madison Along that street and streets 745 3-28-1961 Avenue immediately adjacent thereto Between 6th Street and 7th Street West 30-minute parking 1322 9-24-1996 only, between 7 a.m. and 6 p.m. From the intersection of 14th Street East 1135 10-18-1988 north to the city limits From 2nd Street to 14th Street Parking for an 677 11-18-1952 hour at a time during the hours of 7 a.m. and 5 p.m.; parking is prohibited from the hours of 2 a.m. and 6 a.m. Madison Road From its intersection with Bend 1359 4-30-1997 Road south to its intersection with the north right-of-way boundary line of U.S. Interstate 55/70 From its intersection with Ohio East or 1278 12-19-1995 Street south to its intersection with west the northerly right-of-way boundary to U.S. Interstate 55/70 Parking Schedules 67

Street Location Side(s) Special Ord. Date Passed Provisions No.

McCambridge Along either the northerly or North 692 2-22-1955 Avenue southerly side of Edwardsville Road, and east of McCambridge Avenue south Between the northerly line of East 692 2-22-1955 Collinsville Avenue and the and southerly line of Edwardsville Road west North of Illinois 203; from West 1009 6-8-1982 Edwardsville Road to a point 70 feet north of the centerline of Edwardsville Road From the intersection with West 1136 10-18-1988 Edwardsville Road north to the intersection with Plum Street Between the northerly boundary line West 684 6-30-1953 of Collinsville Avenue and the southerly boundary line of Edwardsville Road From 650 feet south of 6th Street to Both 1013 9-14-1982 720 feet north of 6th Street North of Illinois 203; From East 1009 6-8-1982 Edwardsville Road to a point 125 feet north of the centerline of Edwardsville Road, the point being the south side of the first entrance north of Edwardsville Road McCasland From its intersection with Farish Either 1198 9-3-1991 Avenue Street to a point 380 feet east McNair Avenue From its joining with Edwardsville South 833 1-20-1970 Road, a distance of 25 feet Ohio Street From its intersection with Illinois North 1277 12-19-1995 Route 203 to its intersection with or south Madison Road Roosevelt Road From its intersection with Park Road Designated “tow 1425 5-19-1998 north to its end away zone” 68 Madison - Traffic Code

Street Location Side(s) Special Ord. Date Passed Provisions No.

State Street From the southern corporate limits Either 1053 10-22-1984 of the city to 10th Street Between the northerly boundary line West 495 7-13-1937 of 2nd Street and the southerly boundary line of 10th Street From 10th Street to the northern West 1053 10-22-1984 corporate limits of the city From 2nd Street to 5th Street Parking for an 677 11-18-1952 hour at a time during the hours of 7 a.m. and 5 p.m.; parking is prohibited from the hours of 2 a.m. and 6 a.m. West 807 4-30-1968 Staunton Street From Edwardsville Road northerly East 1146 5-2-1989 to Meridian Avenue From its intersection with West 1207 4-28-1992 Edwardsville Road to a point 50 feet north Webster Street Between the 790 11-1-1966 hours of 7 a.m. and 5 p.m. West Between the 790 11-1-1966 Washington hours of 7 a.m. Street and 5 p.m. West 2nd Street Between the 790 11-1-1966 hours of 7 a.m. and 5 p.m. West 3rd Street Between the 790 11-1-1966 hours of 7 a.m. and 5 p.m. Parking Schedules 69

Street Location Side(s) Special Ord. Date Passed Provisions No. West Madison Between the 790 11-1-1966 Street hours of 7 a.m. and 5 p.m. Both 758 9-4-1962

Penalty, see § 70.99 70 Madison - Traffic Code Parking Schedules 71

SCHEDULE III. LOADING AND UNLOADING.

The following locations are designated loading and unloading areas.

Location Ord. No. Date Passed 1622 3rd Street 1234 3-1-1994 72 Madison - Traffic Code TITLE IX: GENERAL REGULATIONS

Chapter

90. ABANDONED, INOPERABLE OR WRECKED VEHICLES

91. STREETS AND SIDEWALKS

92. TREES AND SHRUBS

93. FIRE CODE; PREVENTION

94. FAIR HOUSING

95. HEALTH AND SANITATION; NUISANCES

96. PARKS AND RECREATION

97. ANIMALS

98. NOISE CONTROL

2021 S-13 1 2 Madison - General Regulations CHAPTER 90: ABANDONED, INOPERABLE OR WRECKED VEHICLES

Section

90.01 Definitions 90.02 Declaration of nuisance 90.03 Abandonment of vehicles 90.04 Leaving vehicles on street 90.05 Disposition of vehicles 90.06 Exceptions 90.07 Impoundment

90.99 Penalty Cross-reference: Exterior storage of non-operating vehicles, see § 95.47

§ 90.01 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

MOTOR VEHICLE. 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, automobiles, trucks, trailers, motorcycles, tractors, buggies, off-road vehicles and wagons.

PERSON. Any person, firm, partnership, association, corporation, company or organization of any kind.

PUBLIC AND PRIVATE PROPERTY. Any real property within the city which is not a street or highway, whether owned by a government entity or a person, as defined above.

STREET or HIGHWAY. The entire width between the boundary lines of every way publicly maintained when any part thereof is opened to the use of the public for the purpose of vehicular travel, including alley ways. (Ord. 1546, passed 1-30-2001)

3 4 Madison - General Regulations

§ 90.02 DECLARATION OF NUISANCE.

It is hereby declared that any and all abandoned, discarded, inoperable or wrecked motor vehicles, whether on public or private property and in view of the general public within the city are nuisances. (Ord. 1546, passed 1-30-2001)

§ 90.03 ABANDONMENT OF VEHICLES.

No person shall abandon any vehicle within the city and no person shall leave any vehicle at any place within the city for a time and under circumstances as to cause the vehicle reasonably to appear to have been abandoned. (Ord. 1546, passed 1-30-2001) Penalty, see § 90.99

§ 90.04 LEAVING VEHICLES ON STREET.

No person shall leave any abandoned, discarded, inoperable, wrecked, dismantled or junked motor vehicle on any street or highway within the city. No repair work will be performed on any motor vehicle while on any street or highway within the city. This section shall not apply to the driver of any motor vehicle which is disabled, while on a street or highway within the city, to an extent that it is impossible to avoid leaving the disable vehicle. The motor vehicle is to be removed from the mainly traveled portion of a street or highway and to the curb of the street or highway and, at which place, necessary emergency repairs may be performed on the motor vehicle. Disabled motor vehicles shall be removed from the curb of the street or highway within 24 hours from the time that the vehicle became disabled. (Ord. 1546, passed 1-30-2001) Penalty, see § 90.99

§ 90.05 DISPOSITION OF VEHICLES.

No person in charge or control of any property within the city, whether as owner, tenant, occupant, lessee or otherwise, shall allow any abandoned, discarded, inoperable, wrecked, partially dismantled or junked motor vehicle to remain on the property longer than seven days following the issuance of a municipal notice to remove same. (Ord. 1546, passed 1-30-2001) Penalty, see § 90.99

§ 90.06 EXCEPTIONS.

The provisions of this chapter shall not apply to any motor vehicle that is left within a building when not in use, to operable historic vehicles over 25 years of age, to a motor vehicle on the premises of a place of business engaged in the wrecking or junking of motor vehicles or to a motor vehicle located in a storage place or depository licensed and maintained for the purposes within the city. (Ord. 1546, passed 1-30-2001) Abandoned, Inoperable or Wrecked Vehicles 5

§ 90.07 IMPOUNDMENT.

(A) Vehicle in public place. The Chief of Police or any member of his or her Department designated by him or her is hereby authorized to remove or have removed any vehicle left at any public or private place with the city, which reasonably appears to be a violation of this chapter or appears to be lost, stolen or unclaimed. The motor vehicles shall be impounded, towed and hauled away until lawfully claimed or disposed of in accordance with ILCS Ch. 625, Act 5, §§ 4-203 et seq.

(B) Vehicle in private place. Any person, firm or corporation issued a seven-day municipal notice to remove a vehicle located in a private place under § 90.05, shall have 14 days from the issuance of said notice to request a hearing to determine liability under Chapter 36 of this code. If no hearing is requested within 14 days or if a hearing is requested, held and a final determination of liability is made under Chapter 36, The Chief of Police or any member of his or her department designated by him or her is authorized to remove or have removed any such vehicle. The motor vehicles shall be impounded, towed and hauled away until lawfully claimed or disposed of in accordance with ILCS Ch. 625, Act 5, §§ 4-203 et seq. (Ord. 1546, passed 1-30-2001; Am. Ord. 1606, passed 3-25-2003)

§ 90.99 PENALTY.

Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not exceeding $750. Each day a violation is continued or is permitted to continue shall constitute a separate offense and shall be punishable as set forth herein. A violator of this chapter shall also be responsible for the costs of impoundment, towing and hauling away. (Ord. 1546, passed 1-30-2001)

2003 S-1 6 Madison - General Regulations CHAPTER 91: STREETS AND SIDEWALKS

Section

Obstructions

91.01 Definitions 91.02 Obstructing sidewalks 91.03 Obstructing streets 91.04 Responsibility of parent 91.05 Presumption 91.06 Enforcement procedures

Excavations and Openings

91.20 Permit required 91.21 Application 91.22 Issuance of permits 91.23 Fees and deposits 91.24 Barricades and lights 91.25 Sidewalks 91.26 Time limit 91.27 Restoring surface 91.28 Supervision 91.29 Exemptions 91.30 Utility excavations; notice required; penalty for violations 91.31 Excavation bond

91.99 Penalty Cross-reference: Department of Streets, see §§ 32.35 through 32.45

OBSTRUCTIONS

§ 91.01 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

2003 S-1 7 8 Madison - General Regulations

BLOCK. To interfere with unobstructed travel by any means, including, but not limited to standing on the part of the sidewalk or street that is fit for travel or placing any object or vehicle whatsoever on the sidewalk or street.

CITY. The City of Madison, Illinois.

GUARDIAN. A person who, under court order, is the guardian of the person of a juvenile or minor or a public or private agency with whom a juvenile or minor has been placed by a court.

IN LOCO PARENTIS. A person who stands in place of or acts instead of a parent or is charged, factitiously, with a parent’s rights, duties and responsibilities.

JUVENILE. Any person under the age of 18 or, in equivalence phrasing, any person 17 years of age or less.

LOCO PARENTIS. See IN LOCO PARENTIS.

MINOR. See JUVENILE.

OBSTRUCT. To hinder, prevent, check, stop, block, retard, make difficult and slow, be or come in the way of, congregate on, interpose obstacles to, render impassable, fill with barriers or impediments or interpose impediments in the way of free and open use or intended use of any sidewalk or street in the city or which prevent the public from going where it has a right to go or where it finds it is necessary to go in its travels by use of any sidewalk or street in the city.

PARENT. A person who is a natural parent, adoptive parent, step-parent or surrogate parent of another person.

PRIMA FACIE EVIDENCE. Evidence that, in the judgment of the law, is sufficient to establish a given fact, or the group or chain of facts, constituting the city’s claim and, if not rebutted or contradicted, is sufficient to sustain a judgment in favor of the issue(s) which it supports.

PUBLIC. Relating to or affecting the whole people of the city, state or whole community and not limited or restricted to any particular class of the community.

PUBLIC PLACE. Any place to which the public or a substantial group of the public has access and includes, but is not limited to streets, highways, vacant lots, common areas of schools, parks, playgrounds, parking lots, public buildings, public housing developments, hospitals, apartment houses, motels, hotels, office buildings, transport facilities, shops, shopping centers or plazas, places of amusement or entertainment and similar areas that are open to the use of the public.

SIDEWALK. The portion of a street between the curb lines or the lateral lines of a roadway and the adjacent property lines intended for pedestrian travel in the city, including any grass plots or other grounds found within the portion of a street, or the walkways for pedestrian travel in a public place. Streets and Sidewalks 9

STATE. The State of Illinois.

STREET. 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 in the city. The term STREET applies irrespective of what it is called or formerly named, whether alley, avenue, court, road or otherwise. The term STREET shall also include driveways for vehicular travel in a public place.

SURROGATE PARENT. A person other than a parent who stands in loco parentis to the child by virtue of his or her voluntary assumption of parental rights and responsibilities or is appointed by a juvenile court as a child’s advocate in the educational decision-making process in place of the child’s natural parents or guardian.

TRAFFIC. Pedestrians, ridden or herded animals, vehicles, streetcars and other conveyances either singly or together while using any sidewalk or street for purposes of travel.

VEHICLE. Every device in, upon or by which any person or property is or may be transported or drawn upon a street. (Ord. 1317, passed 7-16-1996)

§ 91.02 OBSTRUCTING SIDEWALKS.

It shall be unlawful for any person, firm, corporation or entity to obstruct pedestrian traffic on any sidewalk in the city, except as otherwise provided by city ordinances or state law. (Ord. 1317, passed 7-16-1996) Penalty, see § 91.99

§ 91.03 OBSTRUCTING STREETS.

(A) It shall be unlawful for any person, firm, corporation or entity to obstruct vehicular traffic on any street in the city, except as otherwise provided by city ordinances or state law.

(B) It shall be unlawful for any person, firm, corporation or entity to stand, sit or remain on or within six feet of the traveled portion of any sidewalk or street and solicit or attempt to solicit employment, business or contributions from any pedestrian or any occupant of any vehicle on any sidewalk or street, as the case may be, except as otherwise provided by city ordinances or state law. (Ord. 1317, passed 7-16-1996) Penalty, see § 91.99

§ 91.04 RESPONSIBILITY OF PARENT.

(A) (1) It shall be unlawful for any parent of any juvenile or minor to allow or permit the juvenile or minor to obstruct a sidewalk or a street in the city in violation of the provisions of this subchapter. 10 Madison - General Regulations

(2) The fact that, prior to the present offense by the juvenile or minor, a parent of the juvenile or minor was informed by a police officer of the city of a separate violation of this subchapter by a juvenile or minor which occurred within one year next preceding the present offense, shall be prima facie evidence that the parent allowed or permitted the present violation.

(B) This subchapter is intended to hold a neglectful or careless parent of a juvenile or minor responsible. It shall be no defense that a parent of a juvenile or minor was indifferent to the activities or conduct or whereabouts of the juvenile or minor. (Ord. 1317, passed 7-16-1996) Penalty, see § 91.99

§ 91.05 PRESUMPTION.

Any person, firm, corporation or entity who obstructs any sidewalk or street in violation of the terms and provisions of this subchapter shall be deemed prima facie responsible for the violation so evidenced and subject to the penalty provided therefore. (Ord. 1317, passed 7-16-1996)

§ 91.06 ENFORCEMENT PROCEDURES.

(A) If a police officer reasonably believes that a juvenile or minor is obstructing a sidewalk or street in violation of this subchapter and before taking any enforcement action under this subchapter, the police officer shall notify the juvenile or minor that he or she is in violation of this subchapter and shall require the juvenile or minor to provide his or her name, age, address, telephone number, how to contact his or her parent or guardian and the juvenile’s or minor’s reason for obstructing the sidewalk or street.

(B) In determining the age of the juvenile or minor, in the absence of convincing evidence, a police officer shall use his or her best judgment in determining age.

(C) Every police officer while on duty is hereby authorized to detain any juvenile or minor violating this subchapter, but shall, immediately upon taking custody of the juvenile or minor, notify the parent of the juvenile or minor. The person so notified shall, as soon as reasonably possible thereafter, report to the Police Department for the purpose of taking custody of the juvenile or minor and shall sign a document indicating that the parent is taking custody of the juvenile or minor. If the parent cannot be notified or if no response is received from the parent in a reasonable period of time, the police officer shall take whatever action is deemed necessary in the best interest of the juvenile or minor.

(D) In lieu of issuing a citation or making an arrest of a juvenile or minor for violation of any provision of this subchapter, a police officer may contact a parent of the juvenile or minor and request that the parent either take the juvenile or minor home or make arrangements for a person over 18 years of age to take the juvenile or minor home. Streets and Sidewalks 11

(E) In the case of a violation by a juvenile or minor, the police officer shall, by certified mail or direct service, send or deliver to a parent written notice of the violation with a warning that any subsequent violation within one year of the date of the violation will result in full enforcement of this subchapter, including enforcement of parental responsibility and of applicable penalties.

(F) If it shall appear that any juvenile or minor taken into custody for a violation of this subchapter is growing up in mendicancy or vagrancy, or is incorrigible, for lack of a proper parental care or has no home, proper proceedings shall be taken by the Police Department to have the juvenile or minor placed in the care of a state institution as provided by law. (Ord. 1317, passed 7-16-1996)

EXCAVATIONS AND OPENINGS

§ 91.20 PERMIT REQUIRED.

It shall be unlawful for any person, firm or corporation to tunnel under or to make any excavation in any street, alley or other public place in the city without having obtained a permit, as is herein required, or without complying with the provisions of this subchapter or in violation of or variance from the terms of any permit. (Ord. 754, passed 11-14-1961; Am. Ord. 1598, passed 12-17-2002) Penalty, see § 91.99

§ 91.21 APPLICATION.

Applications for such permits shall be made to the Office of the Building Inspector and shall describe the location of the intended excavation or tunnel, the size thereof, the purpose therefor and the person, firm or corporation for whom or which the work is being done and shall contain an agreement that the applicant will comply with all ordinances and laws relating to the work to be done. A separate application shall be filed for each and every opening or excavation or tunnel to be made, and each time the Joint Utility Locating Information for Excavators (J.U.L.I.E.) system is used for locating underground facilities prior to excavation. Each such application shall be accompanied by the appropriate fees as required by this section. In the event that multiple J.U.L.I.E. locates are requested under a single permit, the permit holder shall be billed for and shall be responsible for paying a second and subsequent application fees as though an application were actually made to the Office of Building Inspector, and failure to remit the required amount within 30 days following the J.U.L.I.E. locate request shall be considered a violation of this section. (Ord. 754, passed 11-14-1961; Am. Ord. 1598, passed 12-17-2002) Penalty, see § 91.99

2003 S-1 12 Madison - General Regulations

§ 91.22 ISSUANCE OF PERMITS.

The Building Inspector, on application therefor, as provided herein, shall issue permits in accordance with the provisions of this subchapter. In the event that it becomes necessary to make any opening or excavation in any street, alley or any other public place in city in order to protect the safety or property of the public in general without first obtaining a permit therefor, then and in that event only, the person or persons making the excavation or opening shall, at the earliest practical moment after the excavation or opening is made, obtain the permit provided for herein. (Ord. 754, passed 11-14-1961; Am. Ord. 1598, passed 12-17-2002)

§ 91.23 FEES AND DEPOSITS.

(A) The fee for the permits shall be $20.

(B) No permit shall be issued unless and until the applicant therefor has deposited with the Office of the Building Inspector a bond in the sum of $500 to insure the proper restoration of the ground and laying of the pavement, if any. (Ord. 754, passed 11-14-1961; Am. Ord. 1598, passed 12-17-2002)

§ 91.24 BARRICADES AND LIGHTS.

Any person, firm or corporation making or maintaining any excavation in any street, alley or sidewalk or any public place shall keep the same adequately guarded by barricades and lights to protect persons and property from injury. (Ord. 754, passed 11-14-1961; Am. Ord. 1598, passed 12-17-2002)

§ 91.25 SIDEWALKS.

If any sidewalk is blocked by any work, a temporary sidewalk shall be constructed or provided which shall be safe for travel and convenient for users. (Ord. 754, passed 11-14-1961; Am. Ord. 1598, passed 12-17-2002)

§ 91.26 TIME LIMIT.

Every application for a permit shall state the length of time it is estimated will elapse from the commencement of the work until the complete restoration of the surface. It shall be unlawful to fail to comply with this time limitation unless permission for an extension of time is granted by the Office of the Building Inspector. (Ord. 754, passed 11-14-1961; Am. Ord. 1598, passed 12-17-2002) Penalty, see § 91.99

2003 S-1 Streets and Sidewalks 13

§ 91.27 RESTORING SURFACE.

Any person, firm or corporation making any excavation or tunnel in or under any public street, alley or public place in the city shall restore the surface thereof and the subsurface thereof according to the following standards and specifications:

(A) Excavated subgrade beneath the pavement or traveled surface shall be replaced with river sand firmly tamped into place, in layers not greater than six inches to a depth of six inches over the top of the pipe conduit or bottom of the excavation, whichever is higher. The remainder of the excavation shall be filled with grade eight stone and surfaced as provided hereinafter.

(B) Any excavation outside the limits of the pavement shall be replaced by firmly tamping of the material into place in layers not greater than six inches.

(C) Where sand or unstable material is encountered which will not provide a shoulder, the new base of the pavement to be replaced must be extended under the old base for a distance of at least eight inches all around the excavation.

(D) If the street to be excavated is a state highway or city arterial street, the State Division of Highway Specifications shall govern.

(E) The filling for any excavation shall be sound, imperishable material, free from cinders or organic matter. It shall be deposited and thoroughly tamped with a tamper weighing not less than 25 pounds and having a face of not more than eight inches.

(F) Concrete pavements and concrete base or other pavements shall be as thick as the adjoining pavement or base, but in no case shall the pavement or base be less than ten inches thick. The concrete pavement or concrete base shall be full traffic lane width and extend at least two feet beyond the edge of the excavation in all directions.

(G) Concrete mix will be of the same standard as the State Division of Highways Class “X” concrete, or if desired, the same as “rich-mix.”

(H) All concrete shall be reinforced both transversely and longitudinally by embedding steel rods two inches above the bottom of the concrete in the event the original concrete pavement contained reinforcing. Reinforcing bars shall be ½ inch in diameter and transverse bars shall be spaced eight inches apart and longitudinal bars six inches apart. In the event that there was no reinforcing in the original concrete pavement, no reinforcing shall be required in the patchwork.

(I) The surface of all concrete shall be kept moist until it has set sufficiently hard to walk upon, after which it shall be cured by being covered with calcium chloride evenly applied at a rate of not less than two pounds, nor more than two and one-quarter pounds per square yard.

2003 S-1 14 Madison - General Regulations

(J) The surface of all pavement shall be finished flush with the surface of the adjoining pavement, and when tested with a ten-foot straight-edge shall show no high spots or depressions of more than one- eighth of an inch. In the case of asphaltic surfaces, the ten-inch concrete base shall be brought to a uniform surface at the proper grade to receive a three-inch course of L-LL asphalt.

(K) All base shall be completed at least ten days before the surface course is replaced.

(L) When it is impossible to replace the asphaltic wearing course in the time specified in the permit for excavation, the concrete base shall be replaced as herein specified, and concrete laid in lieu of the asphaltic wearing course, until the time as the asphaltic wearing course is available, and then the concrete wearing surface shall be removed and replaced with asphalt.

(M) All repaired areas shall be closed to traffic for two weeks or longer unless otherwise directed by the Superintendent of Streets.

(N) Dirt streets or dirt and oil streets shall be repaired by refilling the excavation as provided in this chapter and topping with a two inch layer of asphalt and sealing.

(O) All excavations in asphaltic pavements or dirt and oil streets shall be sealed with suitable bituminous or other sealer approved by the city engineer before applying the asphaltic surface or finished oil surface.

(P) Where excavation is made in a concrete driveway apron, sidewalk, walkway or curb and gutter, the existing pavement material shall be completely removed with clean, neatly sawed lines and the surface restored to the nearest existing construction or expansion joint. Expansion joint material shall be used at all points where new concrete joins with the existing. Strip patching of the above items will not be permitted. (Ord. 754, passed 11-14-1961; Am. Ord. 1598, passed 12-17-2002)

§ 91.28 SUPERVISION.

The Superintendent of Streets shall, from time to time, inspect all excavations and tunnels being made in or under any public street, alley or other public place in the city to see to the enforcement of the provisions of this subchapter. Notice shall be given to him or her at least ten hours before the work of refilling any excavation or tunnel commences. All material used and any work performed shall be subject to the approval of the Superintendent of Streets and the City Engineer. (Ord. 754, passed 11-14-1961; Am. Ord. 1598, passed 12-17-2002)

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§ 91.29 EXEMPTIONS.

The provisions of this subchapter relative to securing permits shall not apply to officers or employees of the city engaged in doing work for the city; nor to persons or corporations doing work for the city under contract; nor to agencies of the state. (Ord. 754, passed 11-14-1961; Am. Ord. 1598, passed 12-17-2002)

§ 91.30 UTILITY EXCAVATIONS; NOTICE REQUIRED; PENALTY FOR VIOLATIONS.

(A) All utilities operating under franchise agreements with the city shall be required to present notice in writing of such proposed excavation to the corporate authorities through the Office of the Building Inspector 30 days in advance of such proposed excavation.

(B) The above regulation shall not apply to emergency conditions, but written notice of such excavation under emergency conditions shall be furnished to the corporate authorities through the Office of the Building Inspector within 10 days of such excavation.

(C) All franchised utilities shall also be required to pay $20 to the Office of the Building Inspector each and every time a locate request is made through the J.U.L.I.E. system. Failure to pay this fee either prior to the time of the locate request or within 30 days after the locate request, or upon being billed for such fee, shall be deemed a violation of this subchapter. (Ord. 1598, passed 12-17-2002) Penalty, see § 91.99

§ 91.31 EXCAVATION BOND.

(A) It is unlawful to commence work on any excavation, or on any construction work in the city involving driving or hauling machinery, trucks or equipment over any parkway or sidewalk area or involving excavating or leaving of any parkway or sidewalk area, unless the person, firm or corporation doing such work first has filed with the City Clerk a bond with corporate surety, conditioned to indemnify the city for any damage done to any city property, including any curb, pavement, cable, pipe, shutoff box or other equipment in the course of such work.

(B) Where the work contemplated includes the making of any excavation for any structure or foundation, the bond shall also be conditioned that the building or structure contemplated shall be completed within one year from the date of commencement of work or the excavation refilled and the surface restored to its original condition.

(C) Such bond shall be in the principal amount of $50,000 payable to the city in the event of any breach of such bond. (Ord. 1598, passed 12-17-2002)

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§ 91.99 PENALTY.

(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.

(B) Any person, firm or corporation violating any provision of §§ 91.20 through 91.31 shall be fined not less than $100 nor more that $750 for each offense, and a separate offense shall be deemed committed on each day during which a violation occurs or continues. (Ord. 1598, passed 12-17-2002)

2003 S-1 CHAPTER 92: TREES AND SHRUBS

Section

92.01 Permit required for planting; removal 92.02 Obstructions prohibited 92.03 Trimming and pruning 92.04 Unauthorized removal 92.05 Painting, posting and the like

92.99 Penalty

§ 92.01 PERMIT REQUIRED FOR PLANTING; REMOVAL.

(A) It shall be unlawful for any person, firm or corporation to plant, cultivate or maintain any tree, shrub, bush or vine in, on, along or upon any public street, alley, parkway or other public place in the city, upon any property owned by the city or over which the city exercises control and supervision, without first having obtained a written permit therefor from the Superintendent of Streets.

(B) (1) The location of any tree, shrub, bush or vine shall be subject to the approval of the Superintendent of Streets.

(2) The Superintendent of Streets shall have the power and authority to remove or cause to be removed any tree, or the branches thereof, shrub, bush or vine that in any way obstructs or interferes with the proper maintenance of the streets, sidewalks, alleys or other public places in the city, or that interferes with or obstructs any traffic sign, signal or the reflection of any street lamp. (Ord. 708, passed 12-11-1956) Penalty, see § 92.99

§ 92.02 OBSTRUCTIONS PROHIBITED.

It shall be unlawful for any person, firm or corporation to plant, cultivate or maintain any tree, shrub, bush, vine or vegetable growth in, on, upon or along any street, alley, sidewalk, parkway or other public place or upon any private property adjacent thereto, within the city, in a manner that the same obscures or obstructs any traffic sign, signal or the reflection of any street lamp or in a manner that the same impedes, obstructs or otherwise interferes with traffic or travel upon the street, alley, sidewalk, parkway or other public place. (Ord. 708, passed 12-11-1956) Penalty, see § 92.99

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§ 92.03 TRIMMING AND PRUNING.

All trees planted, cultivated or maintained in, upon or along any street, sidewalk, alley, parkway or other public place or upon private property adjacent thereto shall have the boughs and branches thereof trimmed and pruned at least ten feet above the ground level directly beneath the branches of the trees, so as to allow safe, convenient and unobstructed passage of all persons and vehicles traveling along the sidewalk or in the street, and in case the owner or occupant of private property upon which the tree shall stand, shall refuse or neglect to trim the same in accordance with the provisions of this section within 24 hours after notice so to do by the Superintendent of Streets, the tree shall be pruned and trimmed under the direction of the Superintendent of Streets, and the costs thereof shall be recovered from the owner in the name of the city. (Ord. 708, passed 12-11-1956)

§ 92.04 UNAUTHORIZED REMOVAL.

(A) No person shall cut, fell, injure or remove any tree standing in or upon any street, avenue, sidewalk, parkway, park or public ground within the city unless by the authority and direction of the Superintendent of Streets, nor shall any person, firm or corporation wilfully or carelessly destroy or injure any tree or in any manner cause the same to be done.

(B) The Superintendent of Streets shall have the power to remove any tree or limb of a tree which has become likely to fall on or across any street, sidewalk, alley or other public place in the city, so that the obstruction or danger to traffic or passage may be removed. (Ord. 708, passed 12-11-1956) Penalty, see § 92.99

§ 92.05 PAINTING, POSTING AND THE LIKE.

It shall be unlawful for any person, firm or corporation, except a public officer or employee in the performance of a public duty, to paste, paint, print, nail, tack or otherwise fasten any card, banner, handbill, sign, poster or notice of any kind, or cause the same to be done upon any tree or shrub upon any public street, highway, parkway or other public property within the city, except as may be required by the ordinances of the city or the laws of the state or of the United States. (Ord. 708, passed 12-11-1956) Penalty, see § 92.99

§ 92.99 PENALTY.

Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99. CHAPTER 93: FIRE CODE; PREVENTION

Section

Fire Code; Limits

93.01 Adoption; copies on file 93.02 Modifications and revisions 93.03 Establishment of fire limits

Life Safety Code

93.15 Adoption; copies on file 93.16 Modifications to the Life Safety Code 93.17 Inspections, duties, rules and enforcement

FIRE CODE; LIMITS

§ 93.01 ADOPTION; COPIES ON FILE.

(A) A certain document, three copies of which are on file in the office of the City Clerk, being marked and designated as the “International Fire Code,” including Appendix Chapters A through E, as published by the International Code Council, be and is hereby adopted as the code of the city for regulating and governing the safeguarding of life and property from fire and explosion hazards arising from storage, handling and use of hazardous substances, materials and devices and from conditions hazardous of life or property in the occupancy of buildings and premises in the city and providing for the issuance of permits for hazardous uses or operations.

(B) Each and all of the regulations, provisions, conditions and terms of the International Fire Code, 2000 edition, published by the International Code Council, on file in the office of the City Clerk are hereby referred to, adopted and made a part hereof as if fully set out in this subchapter. (Ord. 1534, passed 9-12-2000)

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§ 93.02 MODIFICATIONS AND REVISIONS.

The following sections are hereby revised:

(A) Section 101.1. Insert, in this section, the phrase, “...the City of Madison, Illinois,...” in place of “...(NAME OF JURISDICTION)...” so that this section now reads as follows:

“101.1 Title. These regulations shall be known as the Fire Code of the City of Madison, Illinois, hereinafter referred to as ‘this code.’”

(B) Section 109.3. Replace the language, in this section, with the following:

“109.3 Violation penalties. Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the code official, or of a permit or certificate used under provisions of this code, shall be guilty of an Ordinance violation, punishable by a fine of not more than $750 for each offense and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.”

(C) Section 111.4. Insert, in this section, the phrase “...Two Hundred Fifty Dollars ($250)...” in place of the first “...(AMOUNT)...” and the phrase “...Seven Hundred Fifty Dollars ($750)...” in place of the second “...(AMOUNT)...” so that the section now reads as follows:

“111.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less that Two Hundred Fifty Dollars ($250) or more than Seven Hundred Fifty Dollars ($750).” (Ord. 1534, passed 9-12-2000)

§ 93.03 ESTABLISHMENT OF FIRE LIMITS.

The limits referred to in certain sections of the 2000 International Fire Code are hereby established as follows.

(A) Section 3204.1.1. Insert, into this section, the limits in which the storage of flammable cryogenic fluids in stationary containers is prohibited, so that the section now reads:

“3204.3.1.1 Location. Stationary containers shall be located in accordance with Section 3203.6. Containers of cryogenic fluids shall not be located within diked areas containing other hazardous materials.

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Storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited within the limits established by law in the adopting ordinance as the limits of districts in which such storage is prohibited.”

(B) Section 3404.2.9.5.2. Insert, into this section, the limits in which the storage of Class I and Class II liquids in above-ground tanks outside of buildings is prohibited:

“3404.2.9.5.2 Separation between adjacent stable or unstable liquid tanks. The separation between tanks containing stable liquids shall be in accordance with NFPA 30: Table 2-7. Where tanks are in a diked area containing Class I or II liquids, or in the drainage path of Class I or II liquids, and are compacted in three or more rows or in an irregular pattern, the code official is authorized to require greater separation than specified in NPA 30: Table 2-7 or other means to make tanks in the interior of the pattern accessible for fire-fighting purposes.

Exception: Tanks used for storing Class IIIB liquids are allowed to be spaced 3 feet (914 mm) apart unless within a diked area or drainage path for a tank storing Class I or II liquids.

The separation between tanks containing unstable liquids shall not be less than one-half the sum of their diameters.”

(C) Section 3406.2.4.4. Insert, into this section, the limits in which the storage of Class I and Class II liquids in above-ground tanks is prohibited:

“3406.2.4.4 Locations where above-ground tanks are prohibited. The storage of Class I and II liquids in above-ground tanks is prohibited within the limits established by law in the adopting ordinance as the limits of districts in which such storage is prohibited.”

(D) Section 3804.2. Insert, into this section, the limits in which the storage of liquefied petroleum gas is restricted for the protection of heavily populated or congested areas:

“3804.2 Maximum capacity within established limits. Within the limits established by law in the adopting ordinance restricting the storage of liquefied petroleum gas for the protection of heavily populated or congested areas, the aggregate capacity of any one installation shall not exceed a water capacity of 2,000 gallons (7570 L).

Exception: In particular installations, this capacity limit shall be determined by the code official, after consideration of special features such as topographical conditions, nature of occupancy, and proximity to buildings, capacity of proposed containers, degree of fire protection to be provided, and capabilities of the local fire department.” (Ord. 1534, passed 9-12-2000)

2021 S-13 20 Madison - General Regulations

LIFE SAFETY CODE

§ 93.15 ADOPTION; COPIES ON FILE.

(A) Certain documents, three copies of which are on file in the Office of the City Clerk, being marked and designated as “NFPA 101, Life Safety Code (2015)” (adopted in its entirety, subject to the OSFM modifications in subsection (c)), “NFPA 101, Life Safety Code (2000)” (only to the extent cited in subsections (c)(1), (c)(2) and (c)(6)), “NFPA 101 A, Guide on Alternative Approaches to Life Safety (2016),” “NFPA 101 A, Guide on Alternative Approaches to Life Safety (2001)” (only to the extent cited in subsection (c)(1)), “NFPA 914, Code for Fire Protection of Historic Structures (2010)” (only to the extent cited in Section 100.8), “NFPA 80, Standard for Fire Doors and Other Opening Protectives (2013)” (only to the extent cited in subsection (c)(10)(I)), “NFPA 1, Fire Code (2015)” (only to the extent cited in subsection (c)(11)) as published by the National Fire Protection Association (hereabove and hereinafter “NFPA”), are hereby adopted as the code of the City of Madison, Illinois in addition to and/or independent of the “International Fire Code” as adopted by the city in Ordinance 1534 on or about September 12, 2000, for regulating and governing the safeguarding of life and property from fire and explosion hazards, and from the conditions hazardous to life or property in the occupancy of buildings and premises in the city and providing for the issuance of permits for hazardous uses and operations, and each and all of the regulations, provisions, conditions and terms of the referred to in this section herein are hereby referred to, adopted and made a part hereof as if fully set out in this subchapter. Once this subchapter is adopted, the City of Madison fire prevention and life safety standards shall be equivalent or higher standards to the those adopted by the Office of the State Fire Marshal as implemented by 43 Ill. Reg. 10008, effective January 1, 2020 and 425 ILCS 25/3 et seq. effective January 1, 2020.

(B) Where there is conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where there is a conflict between a corresponding requirement in the International Fire Code and this subchapter (hereinafter referred to as the “Life Safety Code”), the most strict application shall apply.

(C) The city hereby adopts the codes and standards of Title 41: Fire Protection, Chapter 1: Office of the State Fire Marshal, Part 100, Fire Prevention and Safety, Section 100.7 Adoption of OTPA 101, Codes and Standards of the Illinois Administrative Code as follows:

(1) The city hereby adopts the nationally recognized standards, codes and guides listed as incorporated standards in subsection (b), subject to the Office of the Illinois State Fire Marshal (hereinafter “OSFM”) modifications listed in subsection (c) below. Standards incorporated by reference in this Part do not include any later editions or amendments, unless explicitly stated otherwise in this Part.

2021 S-13 Fire Code; Prevention 20A

(2) Incorporated standards.

(a) NFPA 101, Life Safety Code (2015) (adopted in its entirety, subject to the OSFM modifications in subsection (c));

(b) NFPA 101, Life Safety Code (2000) (only to the extent cited in subsections (c)(1), (c)(2) and (c)(6));

(d) NFPA 101A, Guide on Alternative Approaches to Life Safety (2001) (only to the extent cited in subsection (c)(1));

(e) NFPA 914, Code for Fire Protection of Historic Structures (2010) (only to the extent cited in Section 100.8);

(f) NFPA 80, Standard for Fire Doors and Other Opening Protectives (2013) (only to the extent cited in subsection (c)(10)(I));

(g) NFPA 1, Fire Code (2015) (only to the extent cited in subsection (c)(11)). (Ord. 1845, passed 3-17-2020)

§ 93.16 MODIFICATIONS TO THE LIFE SAFETY CODE.

(A) High rise buildings. All existing high rise buildings, as defined in NFPA 101, Life Safety Code (all applicable Sections), shall comply with the sprinkler requirements prescribed in the 2000 edition of NFPA 101, Life Safety Code, effective January 1, 2002. Use of a Fire Safety Evaluation System (FSES) for compliance with this section must adhere to NFPA 101A, Guide on Alternative Approaches to Life Safety (2001).

(B) Assembly occupancies. All existing assembly occupancies, as defined in NFPA 101 (Chapter 13), shall comply with the sprinkler requirements prescribed in the 2000 edition of NFPA 101, Life Safety Code, effective January 1, 2002.

(1) Child care facilities. (See the Child Care Act of 1969 (225 ILCS 101)).

(a) For purposes of determining the occupancy subclassification of a day care facility, the current version of the following Department of Children and Family Services rules will be applied: 89 Ill. Adm. Code 406, 407 and 408. This is applicable to licensed and non-licensed facilities.

2021 S-13 20B Madison - General Regulations

(b) Child-to-staff ratios in day care facilities shall comply with 89 Ill. Adm. Code 406, 407 and 408 and with the Child Care Act of 1969 (225 ILCS 10). Any conflicting provisions of NFPA 101, Life Safety Code are inapplicable to day care facilities.

(c) In day care homes in which clients occupy a level below the level of exit discharge, means of escape shall be provided in accordance with either the applicable requirements of NFPA 101, Life Safety Code (2015) or with one of the following:

1. If a means of escape discharging directly to the outside at the basement level is not provided, requiring occupants to traverse another level of the home to exit, the path of escape through the level of exit discharge shall be separated from the remainder of that level of the home by construction providing a minimum fire resistance rating of one hour; or

2. The home shall be equipped with smoke alarms permanently powered by the building’s electrical system and wired so that the actuation of one smoke alarm will actuate all the smoke alarms in the dwelling. At least one such smoke alarm shall be located on each level of the occupancy (excluding unoccupied attics and crawl spaces), and the path of escape through the level of exit discharge (from the basement door to the exterior door of the home) must be protected by automatic fire sprinklers. Listed residential sprinklers shall be used and the installation shall be made in accordance with 41 Ill. Adm. Code 109 and codes and standards referenced in that part.

(2) Windows for rescue in existing day care centers. Windows for rescue required by NFPA 101, Life Safety Code (2015), Section 17.2.11.1, are not required for existing day care centers.

(3) Day care homes. New and existing day care homes shall be defined as new and existing based on the date the original home construction was completed and available for residency.

(4) Smoke detection in corridors outside day care homes located within a building of another occupancy. A smoke alarm system installed as prescribed in this subsection (c)(3)(D) shall be permitted to be used in day care homes located within a building of another occupancy in lieu of a smoke detection system connected to a fire alarm system as required by NFPA 101, Life Safety Code (2015), Sections 16.6.3.4.2 and 17.6.3.4.2:

(a) Smoke alarms connected to the building’s electric shall be installed in accordance with proper coverage standards in the corridor serving the day care home.

(b) Smoke alarms connected to the building’s electric shall be installed in accordance with proper coverage standards within the day care home (see NFPA 101, Life Safety Code (2015), Section 16.6.3.4 for new day care homes and Section 17.6.3.4 for existing day care homes) as well as within 15 feet of all sleeping rooms. NFPA 101, Life Safety Code (2015), Section 17.6.3.4.4 shall not be permitted to be used.

2021 S-13 Fire Code; Prevention 20C

(c) All smoke alarms regulated by subsections (c)(3)(D)(i) and (ii) will be arranged so that operation of any smoke alarm shall cause all smoke alarms within the corridor and the day care home to sound.

(D) One- and two-family dwellings. NFPA 101, Life Safety Code (2015), Chapter 24 (One- and Two-Family Dwellings) is adopted as recommended guidelines only, except when referenced as being required for compliance with this Part.

(E) Communicating spaces. Corridors shall not be required to be separated from communicating spaces as required in NFPA 101, Life Safety Code (2015), Section 8.6.6, in new or existing occupancies, provided all of the following criteria are met:

(1) The arrangement complies with all other requirements of Section 8.6.6(4), including, if applicable, Section 8.6.6(4)(b);

(2) The building is protected throughout by an approved automatic sprinkler system; and

(3) Two means of egress are provided to occupants of the building on each floor that is served by the communicating opening that do not require the use of the stairway located within the communicating space, as defined in NFPA 101, Section 8.6.6.

(F) Mixed occupancies. All existing mixed occupancies, as defined by NFPA 101, Life Safety Code, shall, at minimum, continue to comply with the requirements of Section 6.1.14 of NFPA 101, Life Safety Code (2000), effective January 1, 2002, but shall also be permitted to comply with the requirements of Section 6.1.14 of NFPA 101, Life Safety Code (2015).

(G) Determination of “story” in occupancies. The criteria for what a “story level” is, as found in NFPA 101, Life Safety Code (2015), Sections 16.1.1.8 and 17.1.1.8 are permitted to be used for all occupancies found in NFPA 101, Life Safety Code (2015).

(H) Use of NFPA 101A for apartment building occupancies. NFPA 101A, Guide on Alternative Approaches to Life Safety (2016), Sections 7.6 and 7.7 may be used to demonstrate equivalent protection in apartment buildings, regardless of whether they contain board and care occupancies or house board and care clients receiving personal care services.

(I) Means of egress design to travel to direct exits and travel to windows for rescue in educational occupancies and day care centers. Travel to exits or to windows for rescue shall be permitted as follows in educational occupancies and day care centers:

(1) Travel directly from one room through adjoining rooms to reach an exit without entering a corridor may be permitted as long as the travel distance does not exceed 150 feet and doors located between the rooms are not locked or obstructed and other requirements found in NFPA 101, Life Safety Code (2015) are met.

2021 S-13 20D Madison - General Regulations

(2) Travel directly from one room through adjoining rooms without entering a corridor to reach a window for rescue may be permitted as long as the travel distance does not exceed 75 feet and doors located between the rooms are not locked or obstructed and other requirements found in NFPA 101, Life Safety Code (2015) are met.

(3) Travel may be considered to be within a single room if two or more rooms are connected using openings that are at least 60 inches in clear width without any doors.

(J) Door locking to prevent unwanted entry. Occupancies shall be permitted to provide locking to prevent unwanted entry as long as all of the following requirements are met:

(1) The locking means is approved and complies with NFPA 101, Life Safety Code (2015);

(2) The locking means can be engaged without opening the door;

(3) The unlocking and unlatching from the occupied side of the door can be accomplished without the use of a key or tool;

(4) For existing occupancies only, the unlocking and unlatching requires not more than two releasing operations. For new occupancies, unlocking and unlatching requires no more than one releasing operation;

(5) The unlocking and unlatching means are mounted at a height not exceeding 48 inches above the finished floor;

(6) Locks, if remotely engaged, can be unlocked from the occupied side;

(7) The door is capable of being unlocked and opened from outside the room by staff with the necessary key or other credential;

(8) The locking means does not modify the door closer, panic hardware, or fire exit hardware;

(9) Modifications to fire door assemblies, including door hardware, shall be in accordance with NFPA 80, Standard for Fire Doors and Other Opening Protectives (2013);

(10) The emergency response plan addresses the use of the locking and unlocking means from within and outside the room;

(11) Staff is drilled in the engagement and release of the locking means, from within and outside the room, as part of the emergency response plan; and

(12) If doors are replaced, the new door shall comply with unlocking and unlatching that does not require more than one releasing operation.

2021 S-13 Fire Code; Prevention 20E

(K) Use of combustible vegetation in buildings. Combustible vegetation within buildings shall comply with NFPA 1, Fire Code (2015), Section 10.13.

(L) Windows for rescue and windows used as a secondary means of escape. Where windows for rescue are required or where they are used as a secondary means of escape, the bottom sill of the window shall be not more than 44 inches above the floor as required by NFPA 101, Life Safety Code (2015), or a permanently fixed stair or ramp shall be installed at the window to allow occupants to be within 44 inches of the bottom window sill when standing atop the stair or ramp. The stair or ramp shall be at least the width of the window or a minimum of 36 inches in width, whichever is larger.

(M) Size and access to secondary means of escape. If a window is used as a secondary means of escape as permitted by NFPA 101, Life Safety Code (2015) and the size is not in accordance with NFPA 101, Life Safety Code (2015), the owner or operator of the facility using this window as a secondary means of escape must demonstrate to an on-site representative of OSFM that all occupants (staff and clients) can escape through the window to the exterior of the facility in three minutes or less. (Ord. 1845, passed 3-17-2020)

§ 93.17 INSPECTIONS, DUTIES, RULES AND ENFORCEMENT.

(A) No person, being the owner, occupant, or other person interested in the premises which is so occupied or so situated as to endanger persons or property, shall permit such building or structure by reason of faulty construction, age, lack of proper repair, or any other cause to become especially liable to fire, or to become liable to cause injury or damage by collapsing or otherwise. No person, being the owner, occupant, or other person interested in the premises, shall keep or maintain or allow to be kept or maintained on such premises, combustible or explosive material or flammable conditions, which endanger the safety of said buildings or premises.

(B) The officers of the city charged with the duty of investigating fires or conducting fire prevention and life safety inspections shall inspect and examine at reasonable hours, any premises, and the buildings and other structures thereon, and if, such dangerous condition or fire hazard is found to exist contrary to the rules herein referred to, or if a dangerous condition or fire hazard is found to exist as specified in division (A) above, and the rules herein referred to are not applicable to such dangerous condition or fire hazard, shall identify the dangerous condition, and shall so notify the owner, occupant, or other person interested in the premises. Service of the notice upon the owner, occupant, or other person interested in the premises shall be in person, by electric transmission, or by registered or certified mail. If no corrective action is taken by the owner, occupant, or other person interested in the premises to remove or remedy the dangerous condition or fire hazard within a reasonable time, as determined by the city, an order shall be served upon the owner, occupant, or other person interested in the premises directing that the dangerous condition be removed or remedied immediately. Service of the order upon the owner, occupant, or other person interested in the premises shall be in person, by electronic transmission, or by registered or certified mail.

2021 S-13 20F Madison - General Regulations

(C) Appeals and hearings. The owner, occupant, or other person interested in such premises, within ten days after receiving an order from the Mayor or City Officer with the duty of investigating fires or conducting fire prevention and life safety inspections, may appeal the order in writing to the city. The city shall thereupon conduct a hearing. If the order is sustained or modified, or if no appeal is made to the city, it shall be the duty of the owner, occupant, or other person interested in the premises to immediately comply with such order.

(D) Administrative review. When an order to remove or remedy a dangerous condition or fire hazard has been modified or sustained by the city, the owner, occupant, or other person interested in the premises against whom the order has been entered may seek review in the Circuit Court for the Third Judicial Circuit in Madison County, Illinois.

(E) Penalties; concurrent jurisdiction.

(1) A willful failure, neglect, or refusal to comply (a) with the order of the Office of the State Fire Marshal or with an order from the city after it has become final by reason of failure to prosecute an appeal as provided by this section, or (b) with the judgment of the circuit court sustaining or modifying the order is a petty offense, and in the event of a continuance of such willful failure, neglect, or refusal to comply with such order, each day’s continuance is a separate offense.

(2) Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof shall be fined not more than $750, for each and every violation thereof, and every day the violation continues shall constitute a separate offense.

(F) The provisions of this subchapter shall not be construed to affect or repeal any ordinances of the City of Madison having jurisdiction relating to building inspection, fire limits, fire prevention, or safety standards, but the jurisdiction of the Office of the State Fire Marshal shall, in such local authorities having jurisdiction, be concurrent with that of the local authorities having jurisdiction. (Ord. 1845, passed 3-17-2020)

2021 S-13 CHAPTER 94: FAIR HOUSING

Section

94.01 Adoption of regulations

§ 94.01 ADOPTION OF REGULATIONS.

The city’s fair housing regulations are hereby adopted by reference and incorporated herein as if set out in full. (Ord. 1217, passed 5-25-1993)

21 22 Madison - General Regulations CHAPTER 95: HEALTH AND SANITATION; NUISANCES

Section

General Provisions

95.01 Purpose 95.02 Definition 95.03 Limitations 95.04 Inspections 95.05 Abatement; record 95.06 Right of entry 95.07 Notice to owner

Specific Nuisances

95.20 Weeds 95.21 Transportation of garbage, waste and the like 95.22 Expectoration 95.23 Boarding and lodging houses 95.24 Bone, fat or glue businesses 95.25 Soap factories, candle factories and the like 95.26 Unclean drains, garbage boxes and the like 95.27 Water in basements 95.28 Pools of impure water 95.29 Discharge of filth into streets 95.30 Impure wells or cisterns 95.31 Scraps, junk and other refuse 95.32 Garbage, food scraps, litter and the like 95.33 Smells from manufacturers

Garbage and Debris

95.45 Definitions 95.46 Maintenance; responsibility 95.47 Exterior storage of non-operating vehicles 95.48 Enforcement 95.49 Notice

23 24 Madison - General Regulations

95.50 Collection and removal 95.51 Cost and expense

95.99 Penalty

GENERAL PROVISIONS

§ 95.01 PURPOSE.

This chapter is hereby enacted for the purpose of defining nuisances and for their abatement and control to the end that the health and welfare of the citizens of the city of will be protected. (Ord. 765, passed - -)

§ 95.02 DEFINITION.

For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

NUISANCE. Every act or thing done, made, permitted, allowed or continued on any property, public or private, by any person, his or her agent or servant, to the damage or injury of any of the inhabitants of the city shall be deemed a NUISANCE unless otherwise provided for herein. (Ord. 765, passed - -)

§ 95.03 LIMITATIONS.

Nothing in any ordinance relating to nuisances or prohibiting certain acts shall be construed as limiting or interfering with the duties and powers of the city health officers relative to the condemnation and abatement of any matter which in law constitutes a nuisance. (Ord. 765, passed - -)

§ 95.04 INSPECTIONS.

Police officers and any officer, agent or employee of the Health Department may enter and inspect all buildings and parts of buildings and other premises for the purpose of examining the sanitary condition thereof and for the discovery and abatement of nuisances therein. (Ord. 765, passed - -) Health and Sanitation; Nuisances 25

§ 95.05 ABATEMENT; RECORD.

(A) No person shall fail to abate a nuisance after a notice by the Health Department to do so.

(B) Nothing in this chapter shall be construed as abandoning or limiting the city’s right to recover the expense incurred in abating any nuisance.

(C) When the Health Department has caused a nuisance to be abated, it is to be aided in so doing by the employees of the City Street Department or the Health Department may make a contract for the work necessary to abate the nuisance. The Health Department shall certify the cost of abating the nuisance to the City Comptroller who shall make payment thereof.

(D) The City Health Department shall keep a record of all of the facts and circumstances surrounding the abatement of nuisances. (Ord. 765, passed - -) Penalty, see § 95.99

§ 95.06 RIGHT OF ENTRY.

Any person employed or contracted with for the abatement of a nuisance, as herein provided for, and any agent or employee of the person shall have the right of entry for that purpose into and upon any premises. Any interference with the entry by any police officer or any agent or employee of the Health Department for the purpose of inspection or discovery or abatement of any nuisance shall constitute a violation of this chapter. (Ord. 765, passed - -) Penalty, see § 95.99

§ 95.07 NOTICE TO OWNER.

(A) When any agent of the City Health Department ascertains that a nuisance is in existence, as set forth and defined in this chapter, on any lot, yard, building or piece of land within the city, he or she will cause a notice to be directed to the owner or other person in control of the lot, yard, building or piece of land that a nuisance exists according to the provisions of this chapter and that the nuisance must be abated and the abatement must be commenced and completed within the periods of time as hereinafter set forth after the notice has been served.

(B) With respect to nuisances defined in §§ 95.24 through 95.26, abatement must commence within 14 days after the notice is served and completed within 28 days after the notice is served.

(C) With respect to nuisances defined in §§ 95.20, 95.27 and 95.28, abatement must commence within seven days after the notice is served and completed within 14 days after the notice is served. (Ord. 765, passed - -) 26 Madison - General Regulations

SPECIFIC NUISANCES

§ 95.20 WEEDS.

(A) Weeds are hereby declared to be a nuisance.

(B) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

DEVELOPED PROPERTY. Any property that has been improved by the installation of a building, home or other physical improvements, including, but not limited to streets, utilities and the like.

OBSTRUCTION. Anything that may impede access of mowing or other equipment to part or all of a property to keep the property free from weeds. An OBSTRUCTION shall include, but not be limited to the following:

(a) Piles or mounds of dirt;

(b) Piles or mounds of trash;

(d) Brush or underbrush; and

(e) Natural terrain.

OWNER. Any person who is recognized and held responsible by the law as the owner of property.

PERSON. Any individual, firm, partnership, corporation, business unit, society, association or other legal entity, any public or private institution, the state or any municipal corporation or political subdivision of the state or the United States of America.

PERSON IN CHARGE. The owner, lessee or agent in charge of or any other person responsible for the property.

PREMISES. Property, real estate, developed property, vacant property and the undeveloped vacant property located within the city.

PROPERTY. Real property, real estate and/or premises.

REAL ESTATE. Property, real property and/or premises. Health and Sanitation; Nuisances 27

REGULARLY CULTIVATED. Any plant which is routinely cared for by any person to foster the plant’s growth.

UNDEVELOPED VACANT PROPERTY. Any property one acre or more in size that has not been improved by the installation of a building, home or other structural improvements.

VACANT PROPERTY. Any property of less than one acre in size that has not been improved by the installation of a building, home or other structural improvements.

WEEDS.

(a) Any brush, grass, vegetation, weed or any plant, that is not regularly cultivated, that exceeds a height of five inches or has reached the seed bearing stage, whichever occurs first, or is a noxious weed, as defined by ILCS Ch. 505, Act 100, § 2(5). Any plant that is not regularly cultivated which exceeds five inches in height, reaches the seed bearing stage, or is a noxious weed, as defined by ILCS Ch. 505, Act 100, § 2(5), shall be presumed to be objectionable, unsanitary and unsightly.

(b) WEEDS shall not include plants in a maintained wildflower garden, vegetable garden or in areas designated by the city as agricultural, conservation, wildlife or nature areas or zones provided that appropriate measures shall be taken to eliminate noxious weeds therein, as defined in ILCS Ch. 505, Act 100, § 2(5).

(C) The owner and the person in charge of any property in the city shall keep or cause to be kept the property free from weeds, except as provided in divisions (D) and (E) below.

(D) The owner and the person in charge of undeveloped vacant property under two acres shall be required for the public health, safety and welfare to keep the property within 100 feet from any adjacent premises under different ownership and any street right-of-way free of weeds, in addition to any area of the property which is not obstructed as may be determined by the Fire Department.

(E) Except as provided in division (D) above, undeveloped vacant property consisting of two acres or more, including undeveloped and contiguous lots in subdivisions which, when combined in area, exceed two acres, shall be considered agricultural property and be exempt from cutting or mowing, except as hereinafter provided. The owner and person in charge of each such agricultural property, when the property is not under cultivation for agricultural purposes, shall maintain an area of ten feet from the abutting property lines and the right-of-way line of public or private streets or alleys free of weeds.

(F) Property within the city which fails to meet the requirements of this chapter upon its effective date, shall be subject to having work or improvements performed on the property by the city or its designated agent at the owner’s expense and by having the expenses assessed on the property as set forth in ILCS Ch. 65, Act 5, § 11-20-7 and in this section. 28 Madison - General Regulations

(G) The existence of weeds on property in the city in violation of the requirements of this section shall be prima facie evidence that the owner and/or person in charge of the property has refused or neglected to cut the weeds.

(H) (1) As provided in ILCS Ch. 65, Act 5, § 11-20-7, the cost of the cutting of weeds shall be a lien upon the property affected, superior to all other liens and encumbrances, except tax liens, provided that within 60 days after the cost and expense is incurred the city or the person performing the service by authority of the city, in his, her or its own name, files notice of lien in the office of the Recorder in the county in which the real estate is located. The notice shall consist of a sworn statement setting out:

(a) A description of the property sufficient for identification thereof;

(b) The amount of money representing the cost and expense incurred or payable for the service; and

(2) However, the lien of the city shall not be valid as to any purchaser whose rights in and to the property have arisen subsequent to the weed-cutting and prior to the filing of the notice, and the lien of the city shall not be valid as to any mortgagee, judgment creditor or other lien or whose rights in and to the real estate prior to the filing of the notice. Upon payment of the cost and expense by the owner of or persons interested in the property after notice of lien has been filed, the lien shall be released at the owner’s or person’s sole cost by the city or person in whose name the lien has been filed and the release may be filed of record as in the case of filing the notice of lien.

(3) The cost of the cutting of weeds shall not be lien on the property affected unless a notice is personally served on or sent by certified mail to the person to whom was sent the tax bill for the general taxes on the property for the last preceding year. The notice shall be delivered or sent after the cutting of weeds on the property. The notice shall state the substance of this section and shall identify the property, by common description, and the location of the weeds to be cut.

(I) (1) In addition to all other remedies and penalties provided by this section and other ordinances, the City Attorney or his or her designee may bring suit in a court of competent jurisdiction against the owner and/or person in charge to seek an injunction or other appropriate relief to halt any violation of this section.

(2) The action may include seeking a temporary restraining order or temporary injunction and other appropriate temporary relief.

(3) Nothing in this section shall be deemed to restrict a suit for damages on behalf of the city or on behalf of any other person or entity. (Ord. 1366, passed 6-17-1997) Penalty, see § 95.99

2008 S-6 Repl. Health and Sanitation; Nuisances 29

§ 95.21 TRANSPORTATION OF GARBAGE, WASTE AND THE LIKE.

(A) No excrement, filth, garbage or substance of like offensive nature be conveyed or transported along, on or upon any of the streets, alleys or public grounds of the city without proper and sufficient protection and regulation to preserve the public health and necessary sanitation. No person shall be permitted to convey or transport along, on or upon any of the streets, alleys or public grounds of the city and articles of an offensive nature without permission from the Board of Health.

(B) No person shall convey or transport along, on or upon any of the streets, alleys or public ways in the city any excrement, filth, garbage, rubbish or anything of a like offensive nature without a permit from the Board of Health. The Board of Health may issue permits under the regulations, provisions and requirements as will properly protect and promote proper sanitary conditions and preserve the public health. The Board of Health may prescribe the form of application for the permit and also the form and provisions and conditions to be contained in the permit.

(C) The permit may be issued by the Board of Health for the length of time as may, in its judgement, be to the best interest of sanitary conditions and the public health. The permit, however, shall not extend beyond the fiscal year in which the same is issued. The permit shall be written or printed and shall be issued by the City Clerk under the seal of the city when so directed by the Board of Health.

(D) The City Clerk shall keep a record of the permits substantially in the same manner as the record is kept for licenses issued under the ordinances of the city. The applicant for the permit shall pay therefor the sum of $1, which shall be paid into the City Treasury, the same as other funds of the city. The City Clerk shall be entitled to a fee of $.25 for the permit so issued. (Ord. 227, passed 9-6-1912) Penalty, see § 95.99

§ 95.22 EXPECTORATION.

(A) Spitting or expectorating upon any public sidewalk, public door-step, public stairway or passageway leading to a public place or upon the floor of any public building, place or way within the city is hereby deemed to be a nuisance.

(B) Any person who shall spit or expectorate upon any public building, place or way shall be guilty of an offense and, upon conviction thereof, shall be fined. (Ord. 181, passed 6-7-1909) Penalty, see § 95.99

§ 95.23 BOARDING AND LODGING HOUSES.

(A) (1) No landlord, proprietor, keeper, manager or clerk of any lodging house, boarding house, tavern, inn or hotel shall permit any room therein to be used or occupied for sleeping purposes which does not contain 400 cubic feet of air space for each person sleeping therein and every room shall contain more than one bed. 30 Madison - General Regulations

(2) The beds shall be so arranged as to leave a passageway of not less than two feet horizontally on all sides of each bed. All beds shall be so arranged that, under each of them, the air shall freely circulate and thereby have adequate ventilation.

(B) The City Council President shall have authority to, from time to time, cause any lodging house, boarding house, tavern, inn or hotel in the city to be inspected by an officer as he or she may designate and see to it that the provisions hereof are duly and properly observed by the landlords, proprietors, keepers, clerks and managers of each. (Ord. 146, passed 2-4-1907) Penalty, see § 95.99

§ 95.24 BONE, FAT OR GLUE BUSINESSES.

The business or any part thereof of bone-crushing, bone-boiling, bone-grinding, bone-burning, bone- drying, fat-burning, fat-boiling, fat-rendering, fat-drying, gut-cleaning or the making of glue or the manufacture of fertilizing material of any kind or description, from any dead animals or parts thereof, or any boiling of offal, swill, fat or grease of any description which shall be done or carried on in an offensive, unclean or defective manner in any building, yard or lot of ground within the limits of the city shall be deemed a nuisance. (Ord. 765, passed - -) Penalty, see § 95.99

§ 95.25 SOAP FACTORIES, CANDLE FACTORIES AND THE LIKE.

If any owner or occupier of any soap factory, candle factory, oil factory, glue factory, hemp factory, varnish factory, porkhouse, sausage house, lard house or place where lead is corroded by manure, shall permit the same to remain unclean or conduct their business to the annoyance of the citizens of the city, or any of them, the same shall be deemed a nuisance. (Ord. 765, passed - -) Penalty, see § 95.99

§ 95.26 UNCLEAN DRAINS, GARBAGE BOXES AND THE LIKE.

Any unclean, stinking, foul, defective or filthy drain, ditch, tank or gutter, or any leaking, broken slop, garbage or manure boxes, or receptacles of like character whenever found within the limits of the city, shall be deemed a nuisance. (Ord. 765, passed - -) Penalty, see § 95.99

§ 95.27 WATER IN BASEMENTS.

Whenever in any cellar or basement part thereof of any house or building within the limits of the city, there may be found water occasioned by leakage from defective hydrants water pipes, sewer pipes, Health and Sanitation; Nuisances 31 cisterns or wells, gutters, drains, rain spouts or seepage from the surrounding earth, or the walls of any cellar or basement shall be found to be damp or moist from any of the causes named in this section, then the water, leakage, seepage or moisture shall be deemed a nuisance. (Ord. 765, passed - -) Penalty, see § 95.99

§ 95.28 POOLS OF IMPURE WATER.

Any lot or piece of ground within the limits of the city, on which there is a pond or pool of unwholesome, impure or offensive water, shall be deemed a nuisance. (Ord. 765, passed - -) Penalty, see § 95.99

§ 95.29 DISCHARGE OF FILTH INTO STREETS.

Whenever, from any dwelling, store or factory, or any yard or enclosure of any kind whatsoever within the limits of the city, there is discharged into or on any street, avenue, alley, sidewalk, gutter or any vacant lot, any filthy or offensive water, smell or liquid waste or refuse of any kind of any offensive character which is offensive or which is liable to become so, the same shall be deemed a nuisance. (Ord. 765, passed - -) Penalty, see § 95.99

§ 95.30 IMPURE WELLS OR CISTERNS.

Any well or cistern on any property within the limits of the city, whenever a chemical analysis shows that the water of the well or cistern is of an impure or unwholesome nature, shall be deemed a nuisance. (Ord. 765, passed - -) Penalty, see § 95.99

§ 95.31 SCRAPS, JUNK AND OTHER REFUSE.

Whenever there shall be found in or upon any lot, yard or piece of ground within the limits of the city any rags, damaged merchandise, wet, broken or leaking barrels, casks or boxes, junk, rubbish, debris, scraps, wastes or any materials which are offensive or which tend by decay to become putrid or to render the atmosphere impure or unwholesome the same shall deemed a nuisance. Junk shall include but shall not be limited to junked motor vehicles, motor vehicle bodies, parts and accessories. (Ord. 765, passed - -) Penalty, see § 95.99

§ 95.32 GARBAGE, FOOD SCRAPS, LITTER AND THE LIKE.

(A) All vegetable wastes, litter, garbage, food scraps, filth or refuse of any nature, kind or description found in or upon any lot, yard or piece of ground, private alley or area within the limits of the city, shall be deemed to be a nuisance. 32 Madison - General Regulations

(B) This section, however, shall not apply to vegetable wastes, litter, garbage, food scraps or refuse contained in garbage cans or litter receptacles. (Ord. 765, passed - -) Penalty, see § 95.99

§ 95.33 SMELLS FROM MANUFACTURERS.

No person shall manufacture or produce any article the manufacture of which is injurious to the public health or emits any offensive odor to the extent of creating a nuisance to the adjoining inhabitants. (Ord. 765, passed - -) Penalty, see § 95.99

GARBAGE AND DEBRIS

§ 95.45 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

GARBAGE and DEBRIS.

(1) Any condition or use of premises or of building exteriors which is detrimental to the property of others or which causes or tends to cause substantial diminution in the value of other property in the neighborhood in which the premises are located.

(2) This includes but is not limited to the keeping or the depositing on or the scattering over the premises of any of the following:

(a) Lumber, junk, trash or debris; and/or

(b) Abandoned, discarded or unused objects or equipment such as automobiles, furniture, stoves, refrigerators, freezers, cans or containers. (Ord. 879, passed 10-9-1973)

§ 95.46 MAINTENANCE; RESPONSIBILITY.

No person owning, leasing, occupying or having charge of any premises shall maintain or keep any garbage or debris thereon, nor shall any person keep or maintain the premises in a manner causing substantial diminution in the value of the other property in the neighborhood in which the premises are located. (Ord. 879, passed 10-9-1973) Penalty, see § 95.99 Health and Sanitation; Nuisances 33

§ 95.47 EXTERIOR STORAGE OF NON-OPERATING VEHICLES.

(A) (1) No person in charge of or in control of premises, whether as owner, lessee, tenant, occupant or otherwise, shall allow any partially dismantled, wrecked, junked, discarded or otherwise nonoperating motor vehicle to remain on the property longer than ten days.

(2) No person shall leave any vehicle on any property within the city for a longer time than ten days.

(3) This section shall not apply with regard to any vehicle in an enclosed building or so located upon the premises as not to be readily visible from any public place or from any surrounding private property.

(B) This subchapter shall further not apply with regard to any vehicle on the premises of a business enterprise operated in a lawful place, other than in a residential district, and operated in a lawful manner, when the keeping or maintenance of the vehicle is necessary to the operation of the business enterprise or with regard to a vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the city or any other public agency or entity. (Ord. 879, passed 10-9-1973) Penalty, see § 95.99

§ 95.48 ENFORCEMENT.

Enforcement of this subchapter may be accomplished by the city in any manner authorized by law, and, in addition, any person who by reason of another’s violation of any provision of this subchapter, suffer special damage to himself or herself different from that suffered by other property owners throughout the city generally, may bring an action to enjoin or otherwise abate an existing violation. (Ord. 879, passed 10-9-1973)

§ 95.49 NOTICE.

The corporate authorities shall, after a ten-day notice to the owners or occupiers of premises upon which there is garbage and debris, contrary to this subchapter, and who shall neglect or refuse to dispose of same shall collect and remove the garbage and debris from the premises containing same. (Ord. 879, passed 10-9-1973)

§ 95.50 COLLECTION AND REMOVAL.

(A) The cost of the collection and removal by the city shall be made a lien upon the real estate affected, superior to all other liens and encumbrance except tax liens; provided that within 60 days after the cost and expense is incurred, the municipality or person performing the service by authority of the municipality, in his, her or its own name, files notice of lien in the office of the County Recorder of Deeds. 34 Madison - General Regulations

(B) The notice shall consist of a sworn statement setting out:

(1) A description of the real estate sufficient for identification thereof;

(2) The amount of money representing the cost and expense incurred or payable for the service; and

(3) The date or dates when the cost and expense was incurred by the municipality.

(C) However, the lien of the municipality shall not be valid as to any purchaser whose rights in and to the real estate have arisen subsequent to the collection and removal of garbage and debris by the municipality and prior to the filing of the notice and the lien of the municipality shall not be valid as to any mortgagee, judgment creditor or other lienor whose rights in and to the real estate arise prior to the filing of the notice. (Ord. 879, passed 10-9-1973)

§ 95.51 COST AND EXPENSE.

Upon payment of the cost and expense by the owner of or persons interested in the property after notice of lien has been filed, the lien shall be released by the municipality or person in whose name the lien has been filed, and the release may be filed of record as in the case of filing notice of lien. The lien may be enforced by proceedings to foreclose as in case of mortgages or mechanic’s liens. A suit to foreclose this lien shall be commenced within two years aft the date of filing notice of lien. (Ord. 879, passed 10-9-1973)

§ 95.99 PENALTY.

(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.

(B) (1) Any owner and/or person in charge of any property violating any provision of § 95.20 shall be fined not less than $50, nor more than $750 for each offense.

(2) A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Ord. 1366, passed 6-17-1997) CHAPTER 96: PARKS AND RECREATION

Section

General Regulations

96.01 Playground and recreation system 96.02 Public library and reading room 96.03 Hours open to public 96.04 Chouteau Island curfew

Fire Station Recreation Area

96.20 Definitions 96.21 Prohibited use in Fire Station Recreation Area 96.22 Exceptions 96.23 Dogs in Fire Station Recreation Area must be leashed 96.24 Removal of excreta 96.25 Use of playground area and equipment; age restriction and supervision required

96.99 Penalty Cross-reference: Fire Department, see Ch. 34

GENERAL REGULATIONS

§ 96.01 PLAYGROUND AND RECREATION SYSTEM.

(A) There is hereby created a city playground and recreation system.

(B) (1) It shall be unlawful for any person to have in his or her possession, custody or control any alcohol beverages, including beer, of any kind whatsoever, while on city property used for playgrounds or ball diamonds at the following locations:

(a) The area bounded by 2nd Street, 3rd Street, Highland Avenue and Alton Avenue;

2011 S-9 36 Madison - General Regulations

(b) The area bounded by 2nd Street, 3rd Street, Highland Avenue and McCambridge Avenue;

(d) The area bounded by Ferris Street, Caine Drive and the Stephen Maeras Industrial Park.

(2) The Superintendent of Streets is hereby authorized and directed to erect and post suitable sign on the aforesaid locations. (Ord. 616, passed 3-30-1948; Am. Ord. 866, passed 6-20-1972) Penalty, see § 96.99

§ 96.02 PUBLIC LIBRARY AND READING ROOM.

(A) The Public Library and Reading Room established and maintained by the city hereby is declared to be and shall be called the “City of Madison Public Library and Reading Room.”

(B) The Public Library and Reading Room shall henceforth be maintained as such for the use and benefit of the city’s inhabitants. All acts of the President and City Council, relative to the establishment and maintenance of the Public Library and Reading Room, are hereby approved and affirmed. (Ord. 556, passed 8-11-1942)

§ 96.03 HOURS OPEN TO PUBLIC.

(A) It shall be unlawful for any person to be or remain in or upon any park, playground, ball diamond, the Fire Station Recreation Area, or other recreation area within the City of Madison after 8:00 p.m and before 7:00 a.m. from April 1 through October 31, and after 4:30 p.m. and before 7:00 a.m. from November 1 through March 31.

(B) Exceptions. In the following exceptional cases a person in or upon any park, playground, ball diamond, or other recreation area within the City of Madison, or the Fire Station Recreation Area, during the times prescribed in division (A) above shall not be considered in violation of this section:

(1) When involved in an emergency;

(2) When attending an activity or event approved by the City of Madison.

(C) The City of Madison Police Department shall be responsible for opening and closing and locking and unlocking any gates, fences or other items used to enclose a recreation area or used to permit or prohibit access to any recreation area covered by this section.

2011 S-9 Parks and Recreation 37

(D) The Parks and Recreation Department or whomever the Mayor designates is hereby authorized and directed to post appropriate signage as it deems suitable to notify the public of the requirements of this section. (Ord. 1727, passed 7-20-2010; Am. Ord. 1728, passed 8-3-2010) Penalty, see § 96.99 Cross-reference: Chouteau Island curfew, see § 96.04 Curfew in general, see § 130.06

§ 96.04 CHOUTEAU ISLAND CURFEW.

(A) It shall be unlawful for any person to be on or remain on Chouteau Island from Dusk until dawn.

(B) Exceptions. In the following exceptional cases, a person may be on or remain on Chouteau Island during the times prescribed in division (A) above and shall not be considered in violation of this section:

(1) When involved in an emergency;

(2) When attending an activity or event approved by the City of Madison;

(3) When the person owns property on Chouteau Island;

(4) When the person has a Chouteau Island hunting permit or other valid hunting permit from the Illinois Department of Natural Resources. The person must comply with all laws, rules, and regulations of his or her permit, of the Illinois Department of Natural Resources, and of the City of Madison.

(C) The Mayor is hereby authorized to designate an employee of the City of Madison to post appropriate signage as the City of Madison deems suitable and necessary to notify the public of the requirements of this section. (Ord. 1731, passed 9-28-2010) Penalty, see § 96.99 Cross-reference: Curfew in general, see § 130.06

FIRE STATION RECREATION AREA

§ 96.20 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

2011 S-9 38 Madison - General Regulations

BICYCLE. Shall have its ordinary meaning and include tri-cycles.

EXCRETA. Waste matter eliminated or separated from an animal.

FIRE STATION RECREATION AREA. All city-owned property in the area bounded by Third Street on the north, Alton Avenue on the west, Second Street on the south and McCambridge Avenue (Ill. Rt. 203) on the east including, but not limited to, the walking track, the driveways, parking areas and concrete aprons around the Fire Station, the children’s playground and recreational equipment located south of the Fire Station, the ball-diamond’s parking lot and all sidewalks contained within.

ROLLER SKATE. Any shoe or boot mounted wheeled personal transportation device including traditional 4-wheel tandem in-line designs.

SIMILAR CONVEYANCES. Includes any form of wheeled personal transportation device, powered or unpowered, such as scooters, wagons, and toy vehicles.

SKATEBOARD. Any personal transportation device comprised of a narrow board mounted on a roller skate or similar wheels.

§ 96.21 PROHIBITED USE IN FIRE STATION RECREATION AREA.

No person shall operate any skateboard, roller skates, bicycle or similar conveyance within the Fire Station Recreation Area as defined in § 96.20.

§ 96.22 EXCEPTIONS.

Nothing in this section shall be construed to prohibit the use of baby and youth strollers in the area nor shall it be construed to prohibit the use of wheelchairs or other transportation devices by the disabled. Furthermore, nothing in this section shall be construed to prohibit the use of the conveyances defined in § 96.20 as transportation to the Fire Station Recreation Area provided that the use of the conveyances ceases upon arrival and the device is properly parked or stored.

§ 96.23 DOGS IN FIRE STATION RECREATION AREA MUST BE LEASHED.

It shall be unlawful for any owner or person in possession or control of a dog to permit a dog to be present in the Fire Station Recreation Area unless the dog is on a leash, attached to a collar firmly secured to the dog’s neck and no leash shall be allowed to extend any longer than eight feet in length.

2011 S-9 Parks and Recreation 38A

§ 96.24 REMOVAL OF EXCRETA.

The owner or person in possession or control of a dog shall be responsible for the immediate removal and sanitary disposition of any excreta deposited by his or her dog anywhere in the Fire Station Recreation Area.

§ 96.25 USE OF PLAYGROUND AREA AND EQUIPMENT; AGE RESTRICTION AND SUPERVISION REQUIRED.

(A) It shall be unlawful for any person, age 13 or older, to utilize in any fashion the playground equipment located in the children’s playground south of the Fire Station.

(B) It shall be unlawful for any person to utilize in any fashion the playground equipment located in the children’s playground area south of the Fire Station without the presence of a supervising adult of 18 years of age or older and the supervising adult must remain within 25 feet of the perimeter fence of the play area at all times during which children under his or her supervision are utilizing the equipment. Cross-reference: Hours Fire Station Recreation Area is open to the public, see § 96.03

§ 96.99 PENALTY.

(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.

(B) Any person violating any provision of § 96.03 or 96.04 shall be subject to a fine not less than $50 nor more than $750 for each offense.

(C) (1) Any person violating any provision of §§ 96.21 and 96.22 shall be subject to a fine not greater than $100 or by impounding such person’s skateboard, roller skates, bicycle or similar conveyance for a period of up to ten days or by any combination thereof per each offense.

(2) Any person violating any provision of §§ 96.23 through 96.25 shall be subject to a fine not greater than $50 for the first offense, not greater than $100 for the second offense nor more than $500 for each offense after the second. (Ord. 1563, passed 10-9-2001; Am. Ord. 1581, passed 6-18-2002; Am. Ord. 1727, passed 7-20-2010; Am. Ord. 1731, passed 9-28-2010)

2011 S-9 38B Madison - General Regulations CHAPTER 97: ANIMALS

Section

General Provisions

97.01 Purpose 97.02 Certain prohibitions 97.03 Exceptions 97.04 Health Officer; powers 97.05 Canine officer 97.06 Special permits

Licensing Regulations

97.20 Dogs 97.21 Cats 97.22 Vaccination 97.23 Certificate and tag 97.24 Duties of owner 97.25 Impoundment

Prohibited Activity; Keeping Animals

97.35 Injury to property 97.36 Manner of keeping 97.37 Dogs and cats running at large 97.38 Noisy animals 97.39 Keeping numerous dogs and cats 97.40 Cruelty to animals 97.41 Killing or injuring birds 97.42 Pigeon control 97.43 Bees 97.44 Wild or vicious animals 97.45 Rabies and animal bites 97.46 Keeping animals and birds; general

97.99 Penalty

39 40 Madison - General Regulations

GENERAL PROVISIONS

§ 97.01 PURPOSE.

The purpose of this chapter is to promote harmonious relationships in the interaction between humans and animal within the corporate limits of the city by:

(A) Protecting animals from improper use, abuse, neglect, exploitation, inhumane treatment and health hazards;

(B) Delineating the animal owner’s or harborer’s responsibility far the acts and behavior of his or her animal at all times;

(D) Encouraging responsible pet ownership; and

(E) Providing standards for any and all persons and agencies, public or private, engaged in confinement, buying, selling, harboring or dealing in animals in any manner whatsoever. (Ord. 1153, passed 8-30-1989; Am. Ord. 1216, passed 3-2-1993)

§ 97.02 CERTAIN PROHIBITIONS.

No person shall keep within the city any cattle, cows, horses, sheep, swine, goats, chickens, ducks, turkeys, geese or other livestock, except in areas of the city that are zoned agricultural in nature. (Ord. 1153, passed 8-30-1989; Am. Ord. 1216, passed 3-2-1993) Penalty, see § 97.99

§ 97.03 EXCEPTIONS.

This chapter shall not apply to livestock brought into the city for the purpose of being shipped out of the city. (Ord. 1153, passed 8-30-1989; Am. Ord. 1216, passed 3-2-1993)

§ 97.04 HEALTH OFFICER; POWERS.

The Health Officer shall have the power to issue an order prohibiting the keeping of any animal, fish, fowl or bird which is deemed to pose a health hazard to the general public. (Ord. 1153, passed 8-30-1989; Am. Ord. 1216, passed 3-2-1993) Animals 41

§ 97.05 CANINE OFFICER.

(A) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

POLICE OFFICER. Any member of the city’s Police Department sworn and commissioned to perform police duties, and includes the Chief of Police, lieutenants, sergeants, patrol persons and police officers serving initial probationary periods.

(B) (1) All assignments to the position of canine officer shall, upon acceptance of the assignment by the officer, be conditioned and subject to the following: any officer who for any reason fails to complete any training program or any requirement required by the city and/or the state for qualification and certification as a canine officer; terminates his or her appointment as a police officer; or has terminated his or her assignment as canine officer from the date of his or her assignment and acceptance to three years after his or her certification by the state that he or she is qualified under state law to perform the duties of a canine officer in the state, whichever occurs last, shall reimburse the city for all monies expended by the city for fees and expenses in connection with his or her assignment, training, qualification, certification and equipping of that person as a canine officer pursuant to and in compliance with the laws of the state and ordinances of the city.

(2) Fees and expenses shall include, but not limited to final physical examination expenses; equipment and uniforms expenses; tuition, books, supplies, lodging, food, travel and training expenses paid by the city prior to and in connection with the certification; salary expenses paid by the city prior to and in connection with the training and/or certification; and any other expenses necessitated during the period prior to and during the training and/or certification less the reimbursement, if any, from the state for any of the fees and expenses.

(3) The above-described terms and provisions shall be put generally in the form of the reimbursement agreement for a canine officer, which is incorporated by reference herein, and each of the parties shall execute the same at the time of the assignment. (Ord. 1255, passed 2-14-1995)

§ 97.06 SPECIAL PERMITS.

(A) The keeping of animals, fish, birds or fowls otherwise prohibited by this chapter may be permitted by applying for a special permit from the City Council.

(B) The permits may be issued to permit circus performances or other public exhibition or entertainment events. (Ord. 1153, passed 8-30-1989; Am. Ord. 1216, passed 3-2-1993) 42 Madison - General Regulations

LICENSING REGULATIONS

§ 97.20 DOGS.

(A) Each owner of a dog more than six months of age on January 1 of any year, or six months of age within the license year, shall annually, or within 30 days from the date the dog becomes six months of age, pay a dog license tax and obtain a license for each dog from the City Comptroller. The license year shall commence on January 1 and end on the following December 31. The dog license tax, if paid on or before April 1, shall be $5 for each altered (spayed or neutered) dog and $10 for each unaltered dog. An increased fee of $10 per altered dog license and $20 per unaltered dog license shall be paid by all persons purchasing dog licenses after April 1 or more than three months after the dog becomes six months of age.

(B) Each applicant for a dog license shall present a valid certificate of vaccination and proof of alteration, if claimed, before a license is issued. (Ord. 1153, passed 8-30-1989; Am. Ord. 1216, passed 3-2-1993)

§ 97.21 CATS.

(A) Each owner of a cat more than six months of age on January 1 of any year, or six months of age within the license year, shall annually, or within 30 days from the date the cat becomes six months of age pay a cat license tax and obtain a license for each cat from the City Comptroller. The license year shall commence on January 1 and end on the following December 31. The cat license tax, if paid on or before April 1, shall be $5 for each altered (spayed or neutered) cat and $10 for each unaltered cat. An increased fee of $10 per altered cat license and $20 per unaltered cat license shall be paid by all persons purchasing cat licenses after April 1 or more than three months after the cat becomes six months of age.

(B) Each applicant for a cat license shall present a valid certificate of vaccination and proof of alteration, if claimed, before being issued a license. (Ord. 1153, passed 8-30-1989; Am. Ord. 1216, passed 3-2-1993)

§ 97.22 VACCINATION.

(A) It shall be the duty of each dog owner to have the dog inoculated with an avianized anti-rabies vaccine or any similar vaccine by a veterinarian.

(B) It shall be the duty of each cat owner to have the cat inoculated with an avianized anti-rabies vaccine or any similar vaccine by a veterinarian every calendar year.

(D) Any dog or cat, for which a veterinarian licensed by the state issues a certificate to the effect that the proposed inoculation will be harmful, shall be exempt from the inoculation prescribed by this subchapter. (Ord. 1153, passed 8-30-1989; Am. Ord. 1216, passed 3-2-1993)

§ 97.23 CERTIFICATE AND TAG.

The certificate and tag for each dog and cat vaccinated shall include the name and address of the owner of the dog or cat, date of vaccination, tag number, breed, color, age and sex of dog or cat and the other information as may be required. The dog or cat tags shall be numbered and contain the year of issuance. (Ord. 1153, passed 8-30-1989; Am. Ord. 1216, passed 3-2-1993)

§ 97.24 DUTIES OF OWNER.

It shall be the duty of each owner, after inoculating a dog or cat, to deliver one copy of the certificate to the Police Department within five days after inoculation. The owner shall immediately attach the tag to the collar or harness of the dog or cat which shall be worn by the dog or cat at all times. (Ord. 1153, passed 8-30-1989; Am. Ord. 1216, passed 3-2-1993)

§ 97.25 IMPOUNDMENT.

(A) (1) In addition to the penalties hereinafter provided, the Humane Officer, any police officer of the city, or any person designated by the Chief of Police shall impound any dog or cat which does not carry the tags required by this chapter. The owner may obtain possession of any dog or cat so impounded or seized by paying:

(a) An impounding fee of $25 plus the reasonable cost of keeping the dog or cat during the time that it is impounded; and

(b) If a stray or unclaimed dog or cat or is transferred to Madison County Animal Control for holding, the owner must pay the fees set forth in division (A)(1)(a) and $15 for a dog or $10 for a cat; and

(c) If Madison County Animal Control assesses an after hour call out fee to the City of Madison, the owner shall also pay the City of Madison an additional $110.

(2) The dog or cat shall not be released until proof has been furnished to the Humane Officer that the dog or cat has been inoculated with anti-rabies vaccine in accordance with the terms of this chapter. The animal may be released temporarily to a licensed veterinarian or an employee of a licensed veterinarian, for the purpose of inoculation with anti-rabies vaccine or for other treatment.

2011 S-9 44 Madison - General Regulations

(B) (1) After the dog or cat has been so impounded for a period of seven days without having been reclaimed by its owner or anyone in behalf of the owner, the dog or cat shall be destroyed under the direction of Madison County Animal Control. If, at a later date, the owner of any such destroyed dog or cat becomes known, the owner shall pay a $25 impound fee, a transfer fee of $15 for a dog or $10 for a cat, and a cremation/euthanasia fee of $10 for a dog or $8 for a cat. If Madison County Animal Control assesses and after hour call out fee to the City of Madison, the owner shall also pay the City of Madison an additional $110.

(2) Whenever any impounded dog or cat shall bear an identification mark such as a collar or license tag, the owner shall be notified forthwith. Any dog or cat impounded shall be held for a period of seven days. There shall be no required holding period before returning any impounded cat or dog to the owner unless the cat or dog is suspected of having rabies, in which case the impounded dog or cat shall be held for a period of not less than seven days. At the end of seven days, the impounded dog or cat shall be disposed of unless the owner thereof shall reclaim the dog or cat and pay at the Police Department the following fees:

(a) An impounding fee of $25 plus the reasonable cost of keeping the dog or cat during the time that it is impounded; and

(b) If a stray or unclaimed dog or cat or is transferred to Madison County Animal Control for holding, the owner must pay the fees set forth in division (B)(2)(a) and $15 for a dog or $10 for a cat; and

(c) If Madison County Animal Control assesses an after hour call out fee to the City of Madison, the owner shall also pay the City of Madison an additional $110. (Ord. 1153, passed 8-30-1989; Am. Ord. 1216, passed 3-2-1993; Am. Ord. 1734, passed 3-15-2011)

PROHIBITED ACTIVITY; KEEPING ANIMALS

§ 97.35 INJURY TO PROPERTY.

(A) It shall be unlawful for any person owning or possessing a dog or cat to permit the dog or cat to go upon any sidewalk, parkway or private lands or premises without the permission of the owner of the premises and break, bruise, tear up, crush or injure any lawn, flower bed, plant, shrub, tree or garden in any manner whatsoever, or to defecate thereon.

(B) It shall be unlawful for any person to cause or permit a dog or cat to be on property, public or private, not owned or possessed by the person unless the person has, in his or her immediate possession, an appropriate device for scooping excrement and an appropriate depository for the transmission of excrement to a receptacle located upon property owned or possessed by the person. (Ord. 1153, passed 8-30-1989; Am. Ord. 1216, passed 3-2-1993) Penalty, see § 97.99

2011 S-9 Animals 44A

§ 97.36 MANNER OF KEEPING.

(A) All pens, yards or runs or other structures wherein any animal is kept shall be of the construction so as to be easily cleaned and kept in good repair.

(B) Fences which are intended as enclosures for any animal shall be securely constructed shall be adequate for the purpose, kept in good repair and shall not be allowed to become unsightly. (Ord. 1153, passed 8-30-1989; Am. Ord. 1216, passed 3-2-1993) Penalty, see § 97.99

§ 97.37 DOGS AND CATS RUNNING AT LARGE.

(A) (1) It shall be unlawful for any person owning or possessing any dog or cat to permit the same to run at large.

(2) For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

RUNNING AT LARGE. The presence of a dog or cat at any place, except upon the premises of the owner. The dog or cat shall not be considered to be RUNNING AT LARGE if it is on a leash and under control of a person physically able to control it.

(B) (1) Whenever the Humane Officer or any police officer or other person designated by the Humane Officer or Chief of Police shall find any dog or cat running at large, as defined in this section, he or she shall, if possible, pick up and impound the animal in the place as the Humane Officer or Chief of Police may direct.

2011 S-9 44B Madison - General Regulations Animals 45

(2) Whenever any impounded dog or cat shall bear an identification mark such as a collar or license tag, the owner shall be notified forthwith. Any dog impounded shall be held for a period of seven days. There shall be no required holding period before returning any impounded cat or dog to the owner unless the cat or dog is suspected of having rabies, in which case the impounded cat or dog shall be held for a period of seven days. At the end of seven days, the impounded dog or cat shall be disposed of unless the owner thereof shall reclaim the dog or cat and pay at the Police Department an impounding fee of $25 for the impounding.

(3) The destruction of any impounded dogs or cats by the Humane Officer or any police officer or any person designated by the Humane Officer or the Chief of Police under the provisions of this chapter shall be by means of a manner prescribed by County Animal Control. (Ord. 1153, passed 8-30-1989; Am. Ord. 1216, passed 3-2-1993) Penalty, see § 97.99

§ 97.38 NOISY ANIMALS.

(A) It shall be unlawful for any person knowingly to keep or harbor any dog which habitually barks or yelps, or any cat which habitually cries or howls to the great discomfort of the peace and quiet of the neighborhood, or in a manner as to materially disturb or annoy persons in the neighborhood who are of ordinary sensibilities. The dogs and cats are hereby declared to be a public nuisance.

(B) Petitions complaining of vicious or barking dogs or crying cats.

(1) Whenever any person shall complain to the Humane Officer or the Police Department that a dog which habitually barks, howls or yelps or a cat which habitually cries or howls is being kept by any person in the city, the Humane Officer or the Police Department shall notify the owner of the dog or cat that a complaint has been received and that the person should take whatever steps necessary to alleviate the howling, yelping or crying.

(2) If the warning given to the person alleged to be keeping a dog or cat as set forth in division (B)(1) above is ineffective, then upon a verified complaint of any person, the Humane Officer or the Police Department shall cite the owner of the dog or cat for the violation alleged in the complaint. (Ord. 1153, passed 8-30-1989; Am. Ord. 1216, passed 3-2-1993) Penalty, see § 97.99

§ 97.39 KEEPING NUMEROUS DOGS AND CATS.

(A) (1) The keeping of an unlimited number of dogs and cats in the city for a considerable period of time detracts from and, in many instances, is detrimental to the healthful and comfortable life for which the areas were created. The keeping of an unlimited number of dogs and cats is, therefore, declared to be a public nuisance.

(2) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. 46 Madison - General Regulations

DOG. Any canine, regardless of age or sex.

CAT. Any feline, regardless of age or sex.

(B) (1) It shall be unlawful for any person or persons to keep more than a total of three dogs or cats, with a maximum of three dogs or three cats in the number, within the city, with the exception that a litter of pups, a litter of kittens or a portion of the litter may be kept for a period of time not exceeding five months from birth.

(2) The provisions of this section shall not apply to any licensed kennel wherein dogs or cats are kept for breeding, sale, sporting purposes or boarding.

(C) In the areas where kennels are permitted, no kennel shall be located closer than 100 feet to the boundary of the nearest adjacent residential lot. (Ord. 1153, passed 8-30-1989; Am. Ord. 1216, passed 3-2-1993; Am. Ord. 1699, passed 1-8-2008) Penalty, see § 97.99

§ 97.40 CRUELTY TO ANIMALS.

(A) (1) It shall be unlawful for any person to willfully or maliciously inflict unnecessary or needless cruelty, torture, abuse or cruelly beat, strike or abuse any animal or by an act, omission or neglect cause or inflict any unnecessary or unjustifiable pain, suffering, injury or death to any animal whether the animal belongs to the person or to another, except that reasonable force may be employed to drive away vicious or trespassing animals.

(2) Any unwanted animals should be delivered to the County Animal Control for proper disposal.

(B) (1) It shall be unlawful for any person in charge of any animal to fail, refuse or neglect to provide the animal with food, potable water, shade or shelter; or to cruelly or unnecessarily expose any the animal in hot, stormy, cold or inclement weather; or to carry any animal in or upon any vehicle in a cruel or inhumane manner.

(2) For the purpose of this division, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

SHADE. Protection from the direct rays of the sun during the months of June through September.

SHELTER. As it applies to dogs, a moisture-proof structure of suitable size to accommodate the dog and allow retention of body heat, made of durable material with a solid floor raised at least two inches from the ground and with the entrance covered by a flexible, wind-proof material.

2008 S-6 Animals 47

The structure shall be provided with a sufficient quantity of suitable bedding to provide insulation and protection against cold and dampness. (Ord. 1153, passed 8-30-1989; Am. Ord. 1216, passed 3-2-1993) Penalty, see § 97.99

§ 97.41 KILLING OR INJURING BIRDS.

It shall be unlawful for any person to injure or destroy any kind of bird within the city or to throw stones, shoot at or use any implements with the intention of killing or injuring any bird within the city. (Ord. 1153, passed 8-30-1989; Am. Ord. 1216, passed 3-2-1993) Penalty, see § 97.99

§ 97.42 PIGEON CONTROL.

(A) (1) Owners of pigeons allowing their pigeons to roost or linger on the property or buildings of others poses a health hazard in addition to offending aesthetic senses by pigeon contamination.

(2) The lingering or roosting is declared to be a public nuisance.

(B) Whenever a verified complaint of any person is presented to the Humane Officer or Police Department, alleging that a person is allowing pigeons to linger upon the property of the complainants, the Humane Officer or Police Department shall cite the owner of the pigeons for the violation alleged in the petition. (Ord. 1153, passed 8-30-1989; Am. Ord. 1216, passed 3-2-1993) Penalty, see § 97.99

§ 97.43 BEES.

(A) It shall be unlawful for any person to establish or maintain any hive, sand or box where bees are kept, or keep any bees in or upon any premises within the corporate limits of the city unless the bees are kept in accordance with the following provisions.

(1) If bee colonies are kept within 50 feet of any exterior boundary of the property on which the hive, stand or box is located, a barrier that will prevent bees from flying through it, no less than five feet high, shall be installed and maintained along the exterior boundary. The barrier may be either a plant or artificial.

(2) Fresh, clean watering facilities for bees shall be provided on the premises.

(3) The bees and equipment shall be kept in accordance with the provisions of the state statutes.

(B) Nothing in this section shall be deemed or construed to prohibit the keeping of bees in a hive, stand or box located or kept within a school building for the purpose of study or observation. (Ord. 1153, passed 8-30-1989; Am. Ord. 1216, passed 3-2-1993) Penalty, see § 97.99 48 Madison - General Regulations

§ 97.44 WILD OR VICIOUS ANIMALS.

(A) (1) It shall be unlawful for any person to keep or permit to be kept on his or her premises any wild or vicious animal for display or for exhibition purposes, whether gratuitously or for a fee. This section shall not be construed to apply to zoological parks, performing animal exhibitions or circuses.

(2) It shall be unlawful for any person to keep or permit to be kept any wild animal as a pet unless a permit is granted by the Department of Natural Resources of the state, the United States Department of Interior and other governmental bodies and agency, federal or state, which have jurisdiction over the animals.

(3) It shall be unlawful for any person to harbor or keep a vicious animal within the city. Any animal which is found off the premises of its owner may be seized by the Humane Officer or any police officer and upon establishment, to the satisfaction of any court of competent jurisdiction, of the vicious character of the animal, it may be killed by a police officer or Humane Officer. This section shall not apply to animals under the control of a law enforcement or military agency, nor to animals which are kept for the protection of property, provided that the animals are restrained by a leash or chain, cage, fence or other adequate means, from contact with the general public or with persons who enter the premises with the actual or implied permission of the owner or occupant.

(4) The Humane Officer may issue a temporary permit not to exceed 30 days for the keeping, care and protection of any infant animal native to the area which has been deemed to be homeless.

(B) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

DANGEROUS ANIMAL. Any individual animal which when either unmuzzled, unleashed or unattended by its owner, or a member of its owner’s family, in a vicious or terrorizing manner, approaches any person or other animal in an apparent attitude or attack upon streets, sidewalks or any public grounds or places.

ENCLOSURE. A fence or structure of a least six feet in height, forming or causing an enclosure suitable to prevent the entry of young children and suitable to confine a vicious animal in conjunction with other measure which may be taken by the owner or keeper, such as the tethering of a vicious animal within the enclosure. The ENCLOSURE shall be securely enclosed and locked and designed with secured sides, top and bottom and shall be designed to prevent the animal from escaping from the enclosure.

FOUND TO BE VICIOUS ANIMAL.

(a) The Health Officer or a law enforcement officer has conducted an investigation and made a finding in writing that the animal is a vicious animal as defined herein and, based on that finding, the Health Officer has declared it writing that the animal is a vicious animal; and Animals 49

(b) The circuit court has found the animal to be a vicious animal, as defined herein, and has entered an order based on that finding.

VICIOUS ANIMAL.

(a) As follows:

1. Any individual animal that when unprovoked inflicts bites or attacks a human being or other animal either on public or private property;

2. Any individual animal with a known propensity, tendency or disposition to attack without provocation, to cause injury or to otherwise endanger the safety of human beings or domestic animals;

3. Any individual animal that has as a trait or characteristic and a generally known reputation for viciousness, dangerousness or unprovoked attacks upon human beings or other animals unless handled in a particular manner or with special equipment;

4. Any individual animal attacks a human being or domestic animal without provocation; or

5. Any individual animal which has been found to be a “dangerous animal” upon three separate occasions.

(b) No animal shall be deemed VICIOUS if it bites, attacks or menaces a trespasser on the property of its owner or harms or menaces anyone who has tormented or abused it or is a professionally trained dog for law enforcement or guard duties. Dogs shall not be classified VICIOUS in a manner that is specific to a breed.

WILD ANIMAL. Any live monkey or ape, raccoon, skunk, fox, snake or other reptile, leopard, panther, tiger, lion, lynx or any other animal or any bird of grey which can normally be found in the wild state. (Ord. 1153, passed 8-30-1989; Am. Ord. 1216, passed 3-2-1993) Penalty, see § 97.99

§ 97.45 RABIES AND ANIMAL BITES.

(A) Anyone having knowledge or reason to believe that any animal in the city has bitten a person shall report within 24 hours, so far as is known, the name and address of the owner and circumstances of the animal. The report concerning bites shall be made to the Humane Officer or Police Department. 50 Madison - General Regulations

(B) (1) Whenever any domesticated animal has bitten a person, it shall be confined in a place as the Humane Officer or Police Department may direct and for the period of observation as may be necessary unless the animal is too vicious and dangerous to be impounded safely, in which case it may be killed and its head shipped to the County Animal Control for rabies examination.

(2) Whenever a wild animal has bitten a person, it shall be killed, avoiding damage to the head (brain) area, and shipped to County Animal Control under refrigeration, but not frozen, for rabies examination. (Ord. 1153, passed 8-30-1989; Am. Ord. 1216, passed 3-2-1993)

§ 97.46 KEEPING ANIMALS AND BIRDS; GENERAL.

(A) It shall be unlawful for any person to erect, place, maintain or continue any pen, coop, yard or other building upon any lot or ground in the city for the purpose of confining or housing any domestic animal or bird unless the same is at least 25 feet distant from any dwelling, house, apartment, hotel, restaurant, food or drinking establishment or rooming house, school, church or any building wherein people are employed and unless the floor of the building or coop is constructed of the material and in a manner that it can be kept clean and sanitary at all times and unless the location of such shall be authorized by the Health Officer.

(B) All coops and other buildings wherein domesticated animals and birds are kept shall be provided with fly-tight bins or other tightly closed receptacles for manure of dimensions sufficient to contain all accumulations of manure as to prevent its becoming a nuisance. No manure shall be allowed to accumulate on the floor or on adjacent ground. (Ord. 1153, passed 8-30-1989; Am. Ord. 1216, passed 3-2-1993) Penalty, see § 97.99

§ 97.99 PENALTY.

(A) (1) Any person, firm or corporation violating any provision of this chapter shall be fined not less than $25, nor more than $750 for each offense.

(2) A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

(B) Any violation of this chapter is hereby declared to be a nuisance. In addition to any other relief provided by this chapter, the City Attorney may apply to a court of competent jurisdiction for an injunction to prohibit the continuation of any violation of this chapter. The application for relief may include, but not be limited to seeking a temporary restraining order, temporary injunction and permanent injunction. (Ord. 1153, passed 8-30-1989; Am. Ord. 1216, passed 3-2-1993) CHAPTER 98: NOISE CONTROL

Section

98.01 Definitions 98.02 Sound amplifying 98.03 Amplified noise prohibited 98.04 Sound amplification; motor vehicles 98.05 Exceptions

98.99 Penalty

§ 98.01 DEFINITIONS.

For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

PERSON. Any individual, corporation, partnership, firm, business, association, public or private institution, group, agency, or any legal successor, representative, or agent of the foregoing. (Ord. 1836, passed 9-3-2019)

§ 98.02 SOUND AMPLIFYING.

No person shall, after 9:00 p.m. on Sunday through Thursday evenings and after 11:00 p.m. on Friday and Saturday evenings, the Fourth of July, and New Year’s Eve, and until 9:00 a.m. the following day, operate, play, or use any device or instrument that is designed for the purpose that creates or amplifies sound, including but not limited to any loudspeaker, amplifiers, musical instrument, radio, stereo, juke box, public address system, bullhorn, or device that plays live or recorded music, or to generate any amplified sound for the purposes of communication or entertainment, that is louder than an average conversational level at a distance of 150 feet or more, measured horizontally or vertically, from the source of the sound. (Ord. 1836, passed 9-3-2019) Penalty, see § 98.99

2021 S-13 51 52 Madison - General Regulations

§ 98.03 AMPLIFIED NOISE PROHIBITED.

In addition to the provisions of § 98.02, it shall be unlawful, and is declared to be a nuisance, for any person to cause, continue to cause, or allow the emission of, beyond the boundaries of his or her property or property within his or her control, any amplified sound or noise which disturbs the peace and quiet of any neighborhood, or which unreasonably interferes with or causes annoyance with the enjoyment of life, sleep, or with any lawful business or activity. (Ord. 1836, passed 9-3-2019)

§ 98.04 SOUND AMPLIFICATION; MOTOR VEHICLES.

No driver of any motor vehicle within the city shall operate or permit operation of any sound amplification system or any radio, stereo, or other similar device, which can be heard outside such vehicle from 150 feet or more when the vehicle and/or sound amplification system is being operated upon a street or parking lot within the city, unless such system is being operated to request assistance, warn of a hazardous situation, or otherwise be caused by a vehicle responding to an emergency. (Ord. 1836, passed 9-3-2019)

§ 98.05 EXCEPTIONS.

The limitations imposed in these sections do not apply to emergency vehicles, emergency signal devices, generators operated to provide emergency electrical power, power lawn mowers and lawn maintenance equipment, lawn and leaf blowers, and construction activities and equipment between the hours of 7:00 a.m. and 8:00 p.m. A request for a variance from the restrictions imposed by the provisions of §§ 98.02 and 98.03 for annual events such as fairs, carnivals, or homecomings may be granted by the Mayor. However, said request must be made in writing and delivered to the Mayor at least 15 days in advance of such event. (Ord. 1836, passed 9-3-2019)

§ 98.99 PENALTY.

Any person who commits an act prohibited herein shall be guilty of a municipal ordinance violation and shall be punishable as provided in § 10.99. Further, the City Attorney may bring an action to enjoin any person from violating this chapter and seek an order from the Circuit Court ordering the violator to abate any violations of this chapter, or be found in contempt. (Ord. 1836, passed 9-3-2019)

2021 S-13

TITLE XI: BUSINESS REGULATIONS

Chapter

110. GENERAL LICENSING PROVISIONS

111. ALCOHOLIC BEVERAGES

112. PLUMBING SERVICES

113. FOOD AND DRINK REGULATIONS

114. APARTMENTS AND RENTAL PROPERTY; LODGING

115. TEMPORARY SALES

116. PARKING LOTS

117. ADULT BUSINESSES

118. LAUNDRIES

119. TOBACCO REGULATIONS

120. JUNK AND SECOND-HAND DEALERS

121. FUEL SALES AND DISTRIBUTION

122. AMUSEMENTS

123. AUCTIONEERS

124. TELECOMMUNICATIONS

125. ADVERTISING

126. WEAPONS AND EXPLOSIVES

127. INDUSTRIAL BUSINESS LICENSES

128. SPECIFIC LICENSING PROVISIONS

129. CANNABIS BUSINESS ESTABLISHMENTS PROHIBITED

2021 S-13 1 2 Madison - Business Regulations CHAPTER 110: GENERAL LICENSING PROVISIONS

Section

110.01 License required 110.02 Compliance required 110.03 Applications 110.04 Investigation 110.05 Appeal procedure 110.06 Revocation of license 110.07 License not transferable 110.08 Term of license 110.09 Fee; no credits or rebates 110.10 Notice 110.11 License good for one business 110.12 Posting license in conspicuous place 110.13 Inspection; right of entry 110.14 Fee in addition to tax 110.15 Receipt and register

110.99 Penalty

§ 110.01 LICENSE REQUIRED.

It shall be unlawful for any person, firm or corporation to engage in, transact or pursue any business or follow any avocation, make any exhibition, or do any act hereinafter named or specified, within the city, without first having obtained a license to do so, as hereinafter provided and required. (Ord. 562, passed - -) Penalty, see § 10.99

§ 110.02 COMPLIANCE REQUIRED.

(A) All licenses which may at any time be issued under this chapter or title shall be subject to all ordinances and regulations at the city, which may be in force during that period of the license or any portion of the period, and shall be subject to all laws of the state and conditioned upon their faithful observance.

(B) A violation of any of the provisions of any ordinance or law by any licensed person, firm or corporation shall, in addition to the penalties which may be provided for the violation, subject the licensee to a revocation of the license. (Ord. 562, passed - -)

3 2003 S-1 4 Madison - Business Regulations

§ 110.03 APPLICATIONS.

(A) All applications for a license shall be made to the Mayor, who shall, for and in behalf of the Council, grant the same in all cases where it is not otherwise expressly provided, in the manner and upon the conditions specified and required herein. If the Mayor shall, in his or her judgement, not feel authorized or justified to grant any application for a license for any purpose, he or she shall report the application to the next meeting of the City Council for their action thereon.

(B) (1) Any person, firm or corporation desiring a license under this chapter shall make a written application to the Mayor therefor, stating the purpose for which the same is desired, for what length of time, specifying the particular place where the business for which a license is desired is to be carried on and stating other things as may be required by the provisions of any chapter in this title relating to that specific business. Where an applicant for a license is required to file bond before being licensed, the bond, properly drawn up and signed by the applicant and also by at least two good and sufficient sureties or by a recognized and qualified bonding company, shall be presented with the application. Before any license shall be issued, the Mayor must approve of the surety and the bond, when so approved, shall be filed in the office of the City Clerk.

(2) If the Mayor shall grant the application and shall approve the surety given in cases where bond is required, he or she shall endorse his or her approval thereon, together with the amount to be paid the license, and upon the filing of the application, so endorsed, with the City Clerk and upon payment to the City Collector of the sum specified, whose receipt must be executed upon the application before it can be filed, the City Clerk shall issue the applicant a license for the purpose and time specified.

(3) No license shall be granted or issued for any purpose for a period of time that extends beyond the end of the fiscal year in which it is granted. All licenses which may be issued shall be signed by the Mayor, City Clerk and City Collector and shall be under the corporate seal of the city; shall specify the kind of license and location of the building or premises to be occupied; shall bear the date or the day it was issued and unless sooner revoked or terminated shall expire on May 1 thereafter. A new application shall be made upon the expiration of any license which it is sought to renew.

(C) All applications for any license shall include the Federal Tax Identification Number of the applicant. (Ord. 562, passed - -; Am. Ord. 1693, passed 9-4-2007)

§ 110.04 INVESTIGATION.

In case this chapter requires an investigation into the character of any applicant or into the premises to be used, the Mayor shall cause an investigation to be made. The officer or employee making any investigation shall return a report within five days giving the result of the investigation, favorable or otherwise. No license shall be approved by the Mayor until he or she is satisfied that all requirements have been complied with. No business, licensed or not, shall be so conducted by reason of the manner of operation or the condition of the premises occupied, so as to be or cause a nuisance. (Ord. 562, passed - -)

2008 S-6 General Licensing Provisions 5

§ 110.05 APPEAL PROCEDURE.

Whenever any application for a license is denied by the Mayor or whenever the Mayor revokes any license previously granted, the applicant or licensee, as the case may be, shall have the right to appeal to the City Council. The appeal may be taken by filing a notice in writing of the intention and desire so to appeal with the City Clerk within five days of the time the application is refused of license revoked. The notice of appeal shall operate to stay any revocation of the license. It shall be the duty of the City Council to consider and determine the appeal at its next regular meeting and its action upon the appeal shall be final. (Ord. 562, passed - -)

§ 110.06 REVOCATION OF LICENSE.

Any license granted under the provisions of this title may be revoked at any time, upon written notice by the Mayor or by the City Council, when it shall appear to his, her or its satisfaction that the licensee has failed to pay the city any penalty, fine, debt or liability whatever or has failed to occupy with the provisions of any ordinance of the city or the laws of the state applicable to the person, business, occupation or place so licensed. The revocation may be in addition to any fine that may be imposed. (Ord. 562, passed - -)

§ 110.07 LICENSE NOT TRANSFERABLE.

(A) (1) No license shall be assignable or transferrable, without consent of the City Council, to be certified thereon by the City Clerk, nor so construed as to apply to any other building or place other than that described in the license, nor shall any person, firm or corporation be authorized to act or do business under the license, but the person, firm or corporation to whom it is granted.

(2) Any person to whom a license may have been issued may, with the permission of the City Council, unless otherwise prohibited by law, have the same transferred or surrender the license and have the same canceled and have a like license issued for the unexpired term of the one so surrendered to the person, firm or corporation or place of business to which he or she may wish to transfer the same upon licensee named in the new license giving bond, if bond is required, and complying with the ordinances and laws under which the license is issued.

(B) (1) Nothing herein contained shall be held to authorize the assignment or transfer of pawnbrokers, amusements, peddlers, auctioneers, junk dealers, second-hand stores, scavengers or out-of-door advertisers licenses.

(2) Those licenses shall be non-assignable and non-transferrable. (Ord. 562, passed - -) 6 Madison - Business Regulations

§ 110.08 TERM OF LICENSE.

Whenever any license is applied for after May 1 in any year, the same, if granted, shall be issued to the person, firm or corporation applying therefore, upon the applicant paying therefor the number of 12 parts the sum fixed for a yearly license equal to the number of months which will elapse between the date of the application for the license and the day when the license is made to expire. In determining the price to be paid, the month in which the application is made shall be counted and included in the number of months to elapse. In case application for is made after the expiration of six months of the current fiscal year, the license shall be issued only upon payment of one-half of the annual fee. (Ord. 562, passed - -)

§ 110.09 FEE; NO CREDITS OR REBATES.

In no event shall any rebate be made of any license fee or part thereof, by reason of the death of the licensee, or by reason of non-user of the license or by reason of a change of location or occupation of the licensee.

§ 110.10 NOTICE.

If a license extends for a period of time beyond two months, it shall be the duty of the City Collector from 10 to 20 days prior to the termination of the license period to cause a written notice to be mailed to each licensee, directing the attention of the licensee to the fact that a new license will be required on the day following the expiration of his or her existing license and directing his or her attention also to the amount of the license fee and to the penalty for failure to procure a license in accordance with the provisions of the ordinance governing the issuance of the license. Failure on the part of the City Collector to cause the notice to be mailed to each licensee shall not be deemed a defense to a suit brought by the city to recover the penalty for a violation of the ordinance under which the license is required to be secured. (Ord. 562, passed - -)

§ 110.11 LICENSE GOOD FOR ONE BUSINESS.

(A) Any person, firm or corporation licensed to conduct any business under the provisions of this chapter and this title may conduct on the same premises, in connection with the licensed business, any other business required to be licensed, provided the fee for the business which requires the payment of the highest license fee is paid.

(B) This section shall not be construed so as to relieve any licensee from the regulatory requirements applicable to the business. (Ord. 562, passed - -) General Licensing Provisions 7

§ 110.12 POSTING LICENSE IN CONSPICUOUS PLACE.

Every license granted for the purpose of conducting any business or occupation required by this chapter and title to be licensed shall be posted in a conspicuous place so that the same may be easily seen, upon the wall of the principal room or office of the store of place in which the licensed business or occupation is carried on. When the license shall have expired, it shall be removed from the place in which it has been posted and no license which is not in force and effect shall be permitted to remain posted upon the wall or upon any part of any room, store, office or place of business, after the period of the license has expired. (Ord. 562, passed - -)

§ 110.13 INSPECTION; RIGHT OF ENTRY.

(A) Whenever an inspection of the premises used for or in connection with the operation of a licensed business or occupation is provided for or required by this chapter or is reasonably necessary to secure compliance with any ordinance provisions or to detect violations thereof, it shall be the duty of the licensee or the person in charge of the premises to be inspected to admit thereto for the purpose of making the inspection any officer or employee of the city who is authorized or directed to make an inspection, at any reasonable time that admission is requested.

(B) Whenever an analysis of any commodity or material is reasonably necessary to secure conformance with any provision hereof or to detect violations hereof, it shall be the duty of the licensee of the city, whose business is governed by the provisions to give any authorized officer or employee of the city requesting the same, sufficient samples of the material or commodity for the analysis upon request.

(C) In addition to the penalty that may be provided, the Mayor or the City Council may revoke the license of any proprietor of any business licensed under the provisions of this chapter and title, who refuses to permit any officer or employee who is authorized to make the inspection or take a sample of the desired commodity or who interferes with the officer or employee while in the performance of his or her duties in making the inspection, providing that no license shall be revoked for such cause unless written demand is made upon the licensee or person in charge of the premises, in the name of the city, stating that the inspection or sample is desired at the time it is sought to make the inspection or obtain a sample. (Ord. 562, passed - -)

§ 110.14 FEE IN ADDITION TO TAX.

Whenever any license fee is provided for vehicles, the fee shall be in addition to the vehicle tax now or hereinafter in force. (Ord. 562, passed - -) 8 Madison - Business Regulations

§ 110.15 RECEIPT AND REGISTER.

(A) The City Collector shall pay over all monies paid for any license that may be granted to the Comptroller, who shall receipt him or her for all monies so received, which receipt shall be a discharge to him or her to the extent and purport thereof. No person shall be deemed to be licensed in any case until the issuing of the license in due form, as herein required.

(B) The City Clerk shall keep a register of all licenses issued in a book provided for that purpose, in which he or she shall enter the date, name and place of the business of the license, number of the license, period of time and for what purpose the license is issued, the amount paid and the particular house or place in which the business license is to be carried on. Forms for all applications for licenses, bonds and licenses shall be kept on file by the City Clerk. (Ord. 562, passed - -)

§ 110.99 PENALTY.

Whenever in any section of this title the doing of any act or the omission to do any act or duty is declared to be a breach thereof, and there shall be no fine or penalty declared for such breach any person who shall be convicted of any such breach shall be fined not less than $3 nor more than $100 for each such breach. (Ord. 1612, passed 5-6-2003)

2003 S-1 CHAPTER 111: ALCOHOLIC BEVERAGES

Section

111.01 Purpose 111.02 Definitions 111.03 Licenses required 111.04 Retailer’s licenses, classes and fees 111.05 Distributor’s and importing distributor’s retail licenses 111.06 Separate applications, payment of fees 111.07 Application for license 111.08 Mayor, as Local Commissioner, to administer chapter 111.09 Renewal of licenses/lapse of license 111.10 Bond 111.11 Posting license 111.12 Medicinal liquors 111.13 Unobstructed view of licensed premises 111.14 Control or financing by manufacturers prohibited 111.15 Opening or closing hours 111.16 Certain acts prohibited and others required 111.17 Persons addicted to excessive use of alcoholic liquors 111.18 Government stamps, labels, etc. 111.19 Suspension or revocation of license by Mayor 111.20 Investigation of violations, immoral practices, etc. and penalties therefor 111.21 Number of licenses to be issued

111.99 Penalty

§ 111.01 PURPOSE.

This chapter shall be construed to the end that the health, safety and welfare of the people of this city shall be protected and temperance in the consumption of alcoholic liquors shall be fostered and promoted. (Ord. 1788, passed 1-12-2016)

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§ 111.02 DEFINITIONS.

Unless the context otherwise requires, the words and phrases herein defined are used in this chapter in the sense given them in the following definitions.

ALCOHOL. The product of distillation of any fermented liquid, whether rectified or diluted, whatever may be the origin thereof, and includes synthetic ethyl alcohol. It does not include denatured alcohol or wood alcohol.

ALCOHOLIC LIQUOR. Includes the four varieties of liquor defined as ALCOHOL, SPIRITS, WINE and BEER and every liquid or solid, patented, or not, containing alcohol, spirits, wine and beer, and capable of being consumed as a beverage by a human being. The provisions of this chapter shall not apply to alcohol used in the manufacture of denatured alcohol, nor to any liquid or solid containing ½ of 1%, or less, of alcohol by volume. Nor shall the provisions of this chapter apply to flavoring extracts, concentrates, syrups, or medicinal, mechanical, scientific, culinary or toilet preparations, or food products unfit for beverage purposes, but the provisions of this chapter shall not be construed to exclude or not apply to alcoholic liquor used in the manufacture, preparation or compounding of such products. None of the provisions of this chapter shall apply to wine intended for use and uses by any church or religious organization for sacramental purposes.

BEER. A beverage obtained by alcoholic fermentation of an infusion or concoction of barley or other grain, malt, and hops in water, and includes among other things, beer, ale, stout, lager beer, porter and the like.

CONSUMPTION SALES. The sale or offering for sale at retail of any alcoholic liquor for consumption on the premises where sold.

DISTRIBUTOR. Any person, other than a manufacturer, who is engaged in the city in purchasing, storing, bottling, possessing or warehousing any alcoholic liquors for resale.

IMPORTING DISTRIBUTOR. Any person who imports, or causes to be imported, into this state any alcoholic liquors for sale or resale within the city.

LICENSED PREMISES. The premises described in the application for the license or in the license, as the place where the business to be covered or covered by the license is to be, or is carried on.

MANUFACTURER. Every brewer, fermenter, distiller, rectifier, wine maker, blender, processor, bottler or person who fills or refills an original package and others engaged in brewing, fermenting, distilling, rectifying or bottling alcoholic liquors as above defined.

ORIGINAL PACKAGE. Any bottle, flask, jug, can, cask, barrel, keg, hogshead or other receptacle or container whatsoever, used, corked or capped, sealed and labeled by the manufacturer of alcoholic liquor, to contain and to convey any alcoholic liquor.

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OWNER or PROPRIETOR. Includes all persons who are owners or are in control of any place where the sale or distribution of alcoholic liquor is carried on, whether they be individuals, partners, corporations, joint companies, joint ventures, fiduciaries or officers, directors, stockholders of a corporation or otherwise.

PACKAGE SALES. A sale or offering for sale at retail of alcoholic liquor, in the original package, and not to be consumed or in fact consumed in whole or in part on the premises where sold, provided, however, that PACKAGE SALES shall not include original packages containing less than ½ pint of alcoholic liquor nor sales in which the total quantity of alcoholic liquor sold is five gallons or more.

RETAILER. A person who sells or offers for sale, alcoholic liquor for use or consumption and not for resale in any form.

SALE. Any transfer, exchange or barter in any manner or by means whatsoever for a consideration, and includes and means all sales made by any person, whether principal, proprietor, agent, servant or employee.

SELL OR RETAIL and SALE AT RETAIL. Refer to and mean sales for use of consumption and not for resale in any form.

SPIRITS. Any beverage which contains alcohol obtained by distillation, mixed with water or other substance in solution, and includes brandy, rum, whiskey, gin or other spirituous liquors, and such liquors, when rectified, blended or otherwise mixed with alcohol or other substances.

TO SELL. Includes to solicit or receive an order for, to keep or expose for sale and to keep with intent to sell.

WINE. Any alcohol beverage obtained by the fermentation of the natural contents of fruits or vegetables containing sugar, including such beverages when fortified by the addition of alcohol or spirits, as above defined. (Ord. 1788, passed 1-12-2016)

§ 111.03 LICENSES REQUIRED.

No person shall sell at retail or have in his or her possession within the corporate limits of the city without having first obtained a license or permit so to do as provided by this chapter. (Ord. 1788, passed 1-12-2016)

§ 111.04 RETAILER’S LICENSES, CLASSES AND FEES.

(A) A Class “A” license shall entitle the licensee therein to sell, keep or offer for sale at retail, on the premises licensed therein, any alcoholic liquors, wine, or beer whether the same is to be consumed

2019 S-12 12 Madison - Business Regulations on or off the licensed premises. Said license shall not be construed to prohibit sales in the original package. The license fee for a Class “A” license shall be $750 per annum, payable quarterly.

(B) A Class “B” license shall entitle the licensee therein to sell keep or offer for sale at retail on the premises licensed therein, any alcoholic liquors, wine, or beer in the original package only, and only when the same is not to be consumed on the premises. This section shall not be construed to prohibit the holder of a Class “B” license from selling in wholesale lots in the original package. The license fee for a Class “B” license shall be $500 per annum, payable quarterly.

(C) A Class “C” license shall entitle the licensee to offer alcoholic liquors, wine, or beer for sale and consumption on the licensed premises in a designated video gaming area authorized by ILCS Ch. 230, Act 40, §§ 1 et seq. that shall be set apart from the rest of the premises, but only during normal business hours and when prepared food and beverages are offered for sale. A Class “C” license shall be treated as a Class “B” license for all other purposes under the ordinances of the City of Madison except that the license fee for a Class “C” license shall be $600 per annum payable quarterly. (Ord. 1788, passed 1-12-2016; Am. Ord. 1810, passed 8-22-2017)

§ 111.05 DISTRIBUTOR’S AND IMPORTING DISTRIBUTOR’S RETAIL LICENSES.

A distributor or an importing distributor may obtain one license to make sales of alcoholic liquor at retail in not less than keg or case lots. Such a license shall be known as a "Distributor's retail license," and the license fee charged therefor shall be $300 per annum for beer only and $300 per annum for all other kinds of alcoholic liquor. (Ord. 1788, passed 1-12-2016)

§ 111.06 SEPARATE APPLICATIONS, PAYMENT OF FEES.

(A) Separate applications must be filed for separate classes for licenses by any applicant desiring to carry on more than one licensed business. And a separate license must be obtained by any applicant desiring to carry on a licensed business at more than one location for each location.

(B) All licenses shall expire on January 31, and all license fees shall be paid on or before January 31 of each year. (Ord. 1788, passed 1-12-2016)

§ 111.07 APPLICATION FOR LICENSE.

(A) Any person desiring a license under this chapter shall make sworn written application to the Mayor upon blank forms prepared and furnished by the city. Each applicant shall furnish the following information in answer to a questionnaire accompanying such application:

(1) The name, business and residence address of applicant;

2019 S-12 Alcoholic Beverages 13

(2) That applicant is a citizen of the United States;

(3) Applicant's place of birth and, if a naturalized citizen, the time and place of naturalization;

(4) That applicant has never been convicted of a felony;

(5) That applicant has never been convicted of being the keeper of a house of ill-fame, of pandering or of any other crime or misdemeanor opposed to decency or morality;

(6) That applicant is not, at the time of making the application, connected with a house of ill-fame;

(7) That a license issued to applicant under this chapter or any former chapter has not been revoked or suspended;

(8) The location where applicant proposes to engage in the business for which the application was submitted, and whether or not the proposed location is within 100 feet of any church, school, hospital, home for aged or indigent persons, or for war veterans, their wives or children, or of any military or naval station;

(9) The type of business to be carried on, and the date such business was established;

(10) Whether food for human consumption is to be sold in such place of business if such application is allowed;

(11) Whether alcoholic liquors will be sold or delivered outside of any building or structure on said premises;

(12) Whether applicant owns the premises for which a license is sought, and, if he or she does not, the name of applicant's landlord and the period of applicant's lease;

(13) Whether any manufacturer, importer, distributor or wholesaler of alcoholic liquor or any stockholder or officer of any corporation engaged in any such business has paid, given or loaned money to applicant, or given, leased or permitted the use of anything of value by applicant, or extended credit to such applicant;

(14) The business or businesses in which applicant has been engaged for the last five years preceding the filing of such application; and

2017 S-11 14 Madison - Business Regulations

(15) The applicant agrees not to violate any chapter of the city or any law of the United States or of the State of Illinois in the conduct of applicant's business and that in the event such agreement is violated or in the event any statement contained in such application is not true, the license applied for may be immediately suspended or revoked.

(B) All partners or joint venturers must sign if applicant is a partnership or joint venture. All corporate officers must sign and indicate their official position if applicant is a corporation. The information requested in the questionnaire must be furnished as to each party signing the application.

(C) Any corporation which applies for or holds a license pursuant to this chapter must be incorporated by the State of Illinois. (Ord. 1788, passed 1-12-2016)

§ 111.08 MAYOR, AS LOCAL COMMISSIONER, TO ADMINISTER CHAPTER.

The Mayor shall be known as the Local Liquor Control Commissioner of the city, and shall be charged with the administration of this chapter. Any license issued shall be signed by the Mayor and counter-signed by the City Clerk and the City Comptroller and issued under the City Seal. (Ord. 1788, passed 1-12-2016)

§ 111.09 RENEWAL OF LICENSES/LAPSE OF LICENSE.

(A) Applications for renewal of licenses shall be filed with the Mayor on or before the third Monday of June of the calendar year during which such licenses are issued. The Mayor may approve or reject, as in the case of applications for original licenses, and procedure upon such recommendation shall be as in the case of applications for original licenses.

(B) An application for renewal of any license upon its expiration shall not be granted if written complaint has been filed with the Mayor as to the manner in which the applicant for such renewal has carried on the business authorized with such license, until a hearing has been had on such complaint before the Mayor, to whom such complaint shall be referred. The Mayor shall conduct a hearing on such complaint within 15 days and shall serve a written notice by mail upon the licensee of such hearing at least five days before the date of such hearing, and upon the hearing, shall either approve or deny such application for renewal. Reference for hearing before the Mayor shall not be required upon any complaint which after filing, has been dismissed or withdrawn, unless the Mayor shall direct an investigation therefore notwithstanding the dismissal or withdrawal of such complaint.

(C) In the event there are not sales of alcoholic liquors at a premises licensed hereby for a period of 12 consecutive months, said license shall lapse and no longer be valid. (Ord. 1788, passed 1-12-2016)

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§ 111.10 BOND.

Except where otherwise provided herein each person desiring a license shall execute a penal bond in form and with security satisfactory to the Mayor, conditioned upon the faithful observance of the provisions of the Laws of the State of Illinois and of this chapter. Such bond shall be in the sum of $5,000 and shall, upon approval, be filed in the office of the City Clerk. (Ord. 1788, passed 1-12-2016)

§ 111.11 POSTING LICENSE.

Every licensee shall cause the license or licenses to be framed and hung in plain view in a conspicuous place on the licensed premises. (Ord. 1788, passed 1-12-2016)

§ 111.12 MEDICINAL LIQUORS.

Alcoholic liquor may be sold or dispensed, without a license, by any drug store upon the prescription of a licensed and practicing physician. Such prescription may be filled only by a registered pharmacist and a record shall be kept of each prescription so filled showing the date, person for whom prescription is filled, doctor issuing prescription and the amount paid. (Ord. 1788, passed 1-12-2016)

§ 111.13 UNOBSTRUCTED VIEW OF LICENSED PREMISES.

No Class "A" or "B" license shall be issued for any premises unless said licensed premises are so constructed that a clear and unobstructed view of the interior thereof may be had by those passing on the street, road or sidewalk. No screen, blind, curtain, partition, article or thing shall be permitted in the windows or upon the doors of such licensed premises nor inside such premises, which shall prevent a clear view into the interior of such licensed premises from the street, road or sidewalk at all times and no obstruction, nor any arrangements of lights or lighting, shall be permitted in or about the interior of such licensed premises which shall prevent a full view of the entire interior of such premises from the street, road or sidewalk. Any Class "A" or "B" licensee who shall permit or cause the view of, in or about the interior of the licensed premises to be obstructed or who shall not provide adequate lighting for any such licensed premises, as above provided, shall be deemed guilty of a violation of this chapter, and be subject to the penalties provided for hereafter, including, but not limited to, suspension or revocation of the license. (Ord. 1788, passed 1-12-2016)

2017 S-11 16 Madison - Business Regulations

§ 111.14 CONTROL OR FINANCING BY MANUFACTURERS PROHIBITED.

(A) No person engaged in the business of manufacturing alcoholic liquors nor any agent of such person, nor any importing distributor or wholesaler of alcohol liquors shall be permitted to receive a Class "A" or "B" license, nor shall any such person rent, lend, give or pay for any licensed premises or any furnishings, fixtures or equipment used in the storage, handling, serving or dispensing of alcoholic liquors or food in the place of business of any Class "A" or "B" licensee, nor shall any person pay for any license issued to such licensee nor advance, furnish or lend money for the payment of a license, nor shall any such person be interested in the ownership, conduct or operation of the business of such licensee.

(B) Any licensee who shall permit or assent or be a party in any way to any violation or infringement of this section shall be deemed guilty of a violation of this chapter, and be subject to the penalties provided for herein, including, but not limited to, suspension or revocation of the license. (Ord. 1788, passed 1-12-2016)

§ 111.15 OPENING OR CLOSING HOURS.

(A) No person licensed to sell alcoholic liquors under a Class "A" or Class "B" license, as provided, shall permit his or her establishment to be open for the sale of such liquors except as follows: Monday through Thursday 6:00 a.m. to 1:00 a.m. the following day; Friday and Saturday 6:00 a.m. to 2:00 a.m. the following day; Sunday 12:00 p.m.(noon) to 1:00 a.m. the following day.

(B) No patron shall remain, or be permitted to remain, on any premises licensed for the sale of alcoholic liquors during the period of time herein provided that such premises should be closed, and all such premises shall remain locked during any time the sale of alcoholic liquors is not permitted to be transacted on such premises. (Ord. 1788, passed 1-12-2016)

§ 111.16 CERTAIN ACTS PROHIBITED AND OTHERS REQUIRED.

(A) No applicant for any license shall store or install any alcoholic liquor fixtures, equipment or supplies on the premises for which a license is applied, or otherwise take any steps to open up any business to be licensed under the provisions of this chapter until the application for a license has been passed upon and approved and the license applied for has been actually issued.

(B) Noise. No unnecessary, unseemly or disturbing noise shall be permitted or caused by patrons, guests or other individuals or groups on any licensed premises (including any patio or other outdoor portion thereof), nor shall any live band, disc jockey or other professional entertainer be allowed to perform indoors or outdoors on any licensed premises.

2017 S-11 Alcoholic Beverages 17

(C) Minors and other prohibited patrons. No licensee shall sell, give or deliver alcoholic liquor to any minor, or to any intoxicated person or to any habitual drunkard, spendthrift or insane, feeble-minded or distracted person, or to any person who is known to be an object of charity or who is known to be supported by any charitable association or institution or any relief commission or organization.

(D) Service to upper or lower floors. No room or place where alcoholic liquor is sold or dispensed, or any room adjacent thereto, shall be connected by any elevator, lift, dumb waiter or similar device for carrying, transporting or elevating food or alcoholic liquor with any room or rooms upon any upper or lower floors of the same premises; provided this provision shall not apply to hotels, nor to eating establishments occupying two adjoining floors and regularly serving food on each floor.

(E) Minors. Persons under the age of 21 years are prohibited from any premises licensed by virtue of this chapter.

(F) No beer in glass bottles shall be sold in bottles larger than 20 ounces in any premises licensed herein. (Ord. 1788, passed 1-12-2016)

§ 111.17 PERSONS ADDICTED TO EXCESSIVE USE OF ALCOHOLIC LIQUORS.

Whenever any person shall notify any licensee in writing that his or her father, mother, husband, wife, child, brother, sister or ward is addicted to the excessive use of alcoholic liquor and in such writing shall request said licensee not to sell, exchange or give any such liquors to such father, mother, husband, wife, child, brother, sister or ward, such licensee shall not thereafter sell, exchange or give to the person so designated in such notice any such liquor, and his or her doing so shall constitute a violation of this chapter. The decision not to sell to any patron pursuant to this section is reviewable by the Local Liquor Commissioner by the licensee. (Ord. 1788, passed 1-12-2016)

§ 111.18 GOVERNMENT STAMPS, LABELS, ETC.

No licensee under this chapter shall sell or deliver any package containing alcoholic liquor to any other person or sell the contents of any such package for consumption on the premises, unless such package shall have affixed thereto all cancelled revenue stamps which may be required by federal or state laws and unless same shall also bear thereon a clear and legible label containing such information as may be required by state law. No licensee under this chapter shall sell or have in his or her possession or use any package or container of alcoholic liquor which does not comply with the above requirements or which did not comply therewith at the time same was delivered to him or her. (Ord. 1788, passed 1-12-2016)

2017 S-11 18 Madison - Business Regulations

§ 111.19 SUSPENSION OR REVOCATION OF LICENSE BY MAYOR.

Any license issued under this chapter may be suspended or revoked by the Mayor for any one or more of the following reasons:

(A) Violation of the laws of the United States relating to the sale of alcoholic liquor, any law of the State of Illinois or any ordinance of the City of Madison;

(B) The willful making of any false statement as to a material fact in the application for such license; or

(C) The permitting of any unlawful, disorderly or immoral practices upon the licensed premises. (Ord. 1788, passed 1-12-2016)

§ 111.20 INVESTIGATION OF VIOLATIONS, IMMORAL PRACTICES, ETC. AND PENALTIES THEREFOR.

(A) The Mayor shall upon request, have assigned to him or her members of the Police Department or Health Department of the city for the purpose of making any investigation of violations of this chapter, the making of false statements in any application for license, or the permitting of any illegal, disorderly or immoral practices upon the licensed premises and may make written reports of such violations, and upon the result of such investigation, the Mayor may set a date for a hearing on such violations and serve or cause to be served either by mail or by personal service, a written notice upon the licensee, which notice shall set out the section of this chapter, the making of false statements in any application for license, or the permitting of any illegal, disorderly or immoral practices upon the licensed premises, which allegedly constitute conduct subjecting licensee to any penalties provided for herein including, but not limited to, suspension or revocation of the license.

(B) The Mayor shall conduct all hearings under this chapter and if he or she shall find that the licensee has violated any section of this chapter, he or she may suspend or revoke the license of such licensee, and/or assess such fine against the licensee as hereafter provided in this chapter.

(C) The period for which a license may be suspended under this section shall be, for the first offense, not less than three months, for the second offense, not less than six months, and for the third and each subsequent offense, not less than one year.

(D) Any licensee whose license has been revoked by the direction of the Mayor shall not receive a license from the city to sell alcoholic liquor for a period of two years thereafter.

(E) Where a license is revoked under this section no new license shall be issued on the licensed premises for a period of at least three months and not more than two years thereafter. (Ord. 1788, passed 1-12-2016)

2017 S-11 Alcoholic Beverages 19

§ 111.21 NUMBER OF LICENSES TO BE ISSUED.

There shall be issued in the City of Madison no more than ten Class “A” licenses, ten Class "B" licenses, and ten Class “C” licenses in effect at any time. (Ord. 1788, passed 1-12-2016; Am. Ord. 1810, passed 8-22-2017)

§ 111.99 PENALTY.

Whoever violates any of the provisions of this chapter shall, upon conviction, be punished by a fine of not less than $50 nor more than $750 per violation, in addition to any license suspension or revocation ordered by the Mayor. (Ord. 1788, passed 1-12-2016)

2019 S-12 20 Madison - Business Regulations

2017 S-11 CHAPTER 112: PLUMBING SERVICES

Section

112.01 Definitions 112.02 Adoption of state regulations 112.03 Conformity to state regulations 112.04 Administrative authority 112.05 Office of Plumbing Inspector 112.06 Registration of contractors and the like 112.07 Plumbing permits 112.08 Fees 112.09 Notification to Plumbing Inspector

112.99 Penalty

§ 112.01 DEFINITIONS.

(A) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(B) The definitions, as contained in this section, shall take precedence over any other accepted meaning, including those contained in any reference material referred to in this chapter.

PLUMBING. The practice, materials and fixtures used in the installation, maintenance, extension and alteration of all piping, fixtures, appliances and appurtenances in connection with any of the following: sanitary drainage or storm drainage facilities, the venting system and public or private water supply systems, within or adjacent to any building, structure or conveyance; also the practice and materials used in the installation, maintenance, extension or alteration of storm water, liquid waste or sewerage and water supply systems of any premises to their connection with any point of public-disposal or other acceptable terminal.

PLUMBING FIXTURES. Installed receptacles, devices or appliances which are supplied with water or which receive or discharge liquids or liquid-borne waste, with or without discharge into the drainage system with which they may be directly or indirectly connected.

21 22 Madison - Business Regulations

PLUMBING SYSTEM. Includes the water supply and distribution pipes; plumbing fixtures and traps; soil, waste and vent pipes; building drains including their respective connections, devices and appurtenances within the property lines of the premises, and water-treating or water-using equipment. (Ord. 741, passed 12-13-1960)

§ 112.02 ADOPTION OF STATE REGULATIONS.

(A) The State Plumbing Code is hereby adopted by reference and is apart of this chapter.

(B) Any part of the State Code which may be in conflict with any part of this chapter is hereby amended and superseded. (Ord. 741, passed 12-13-1960)

§ 112.03 CONFORMITY TO STATE REGULATIONS.

No person shall hereafter engage in the business of plumbing in the city either as a plumbing contractor, employing plumber or journeyman plumber who shall not comply with the license requirement of the plumbing license law of the state. (Ord. 741, passed 12-13-1960) Penalty, see § 112.99

§ 112.04 ADMINISTRATIVE AUTHORITY.

The administrative authority hereby designed to administer and enforce this chapter shall be the Plumbing Inspector. (Ord. 741, passed 12-13-1960)

§ 112.05 OFFICE OF PLUMBING INSPECTOR.

(A) (1) There is hereby created the Office of Plumbing Inspector of the city.

(2) The Plumbing Inspector shall be appointed by and shall be subordinate to the Mayor. The Plumbing Inspector shall hold office for one year and until a successor shall be appointed and qualified.

(3) No person shall be appointed Plumbing Inspector who shall not have been, at the time of his or her appointment, a licensed plumber in accordance with the State Plumber’s License Law.

(B) (1) The Plumbing Inspector shall sign and issue all notices, permits and certificates required by this chapter. Plumbing Services 23

(2) He or she shall pass upon and approve all plans and surveys required by this chapter. He or she shall keep a record of the performance of his or her duties which shall include a record of all notices issued, applications received and permits granted. He or she shall keep a record of violations of this chapter. He or she shall inspect and for the purpose thereof may enter all houses and other buildings in the course of erection and all houses undergoing alteration or repair as often as may be necessary to insure conformance with the requirements of this chapter. He or she shall compel all work on plumbing to be performed in accordance with the provisions of this chapter. He or she shall cause to be kept a record of measurements of all sewer taps in relation to property lines. He or she shall collect all fees required by this chapter and pay the same to the City Comptroller. (Ord. 741, passed 12-13-1960)

§ 112.06 REGISTRATION OF CONTRACTORS AND THE LIKE.

(A) (1) Every plumbing contractor, employing plumber and self-employed journeyman plumber engaging in the business of plumbing in the city shall cause his or her name, his or her residence and his or her place of business to be registered with the Plumbing Inspector of the city. In addition, the persons shall give a bond to the city in the sum of $2,000 conditioned upon a full indemnity to the city against damage to the city or to persons to whom the city may be liable by reason of:

(a) Failure of the firm to observe ordinances of the city pertaining to plumbing;

(b) Failure of the firm to observe all rules and regulations established under the authority of any ordinances of the city pertaining to plumbing; and

(2) The bond shall be renewed at intervals of two years, or oftener in the event of the impairment of the surety. The bond may be written by a competent surety company, or may be secured by a deposit of cash or United States Government securities in the amount of the bond. The surety or security shall be approved by the City Council and the bond shall be filed with the City Clerk.

(B) Any firm which shall employ plumbers in their business who are not licensed under the Plumbing License Law of the state shall have their certificate of registration revoked and no new certificate of registration shall be issued to such firm for a period of one year after the revocation. The firm shall be entitled to a hearing prior to the revocation, before the City Council and to a notice of the hearing given by registered mail at least ten days prior to the hearing; the notice to be addressed to the business address last registered by the firm.

(C) The City Clerk shall issue a certificate showing registration hereunder in compliance with this chapter upon payment of a fee of $10. (Ord. 741, passed 12-13-1960) 24 Madison - Business Regulations

§ 112.07 PLUMBING PERMITS.

No plumbing shall be installed, altered or changed in any building or structure within the corporate limits of the city until a permit for the installation, alteration or change shall have been obtained from the Plumbing Inspector. The permit shall be issued only to a plumbing contractor, employing plumber or self-employed journeyman plumber registered and bonded under § 112.06, or other person, as specified in Paragraph 14.17.lb of the State Plumbing Code. Applications for a permit shall be in accordance with Section 14.17.2 of the State Plumbing Code. After the permit shall have been issued by the Plumbing Inspector no change or modification in the plans or specifications shall be made unless the change shall first have been submitted to the Plumbing Inspector and approved. (Ord. 741, passed 12-13-1960)

§ 112.08 FEES.

(A) The Plumbing Inspector shall collect the following fees for permits issued, which the fees shall be paid prior to the issuance of the permit. The fee shall be the same in the case of alteration or change of existing plumbing as in the case of the installation of new plumbing.

Item Fee (Suggested)

Each plumbing fixture $2 Air conditioning unit $2 Each floor drain $2 Each water tap $5 Each four-inch sewer connection $3 Each six-inch sewer connection $5 Each eight-inch sewer connection $10 Each ten-inch sewer connection $15 Each 12-inch sewer connection $20 Each water meter $2 Each automatic washing machine $2 Minimum combined fee $35

(B) (1) Wherever more than two trips shall be required by the Plumbing Inspector for the purpose of making the tests required by this chapter on defective material of defective work performed on the

2003 S-1 Plumbing Services 25 job, or for the purpose of designing a plan for work, the person obtaining the permit shall pay to the Plumbing Inspector in addition to the fees above set forth, the sum of $35 for each trip in excess of two trips.

(2) Wherever any changes in soil, waste or ventilation pipe are made and no changes are made in the location or number of fixtures, the person obtaining the permit hereinbefore mentioned shall pay to the Plumbing Inspector in lieu of the fees above mentioned the minimum fee shown above. (Ord. 741, passed 12-13-1960; Am. Ord. 1608, passed 3-25-2003)

§ 112.09 NOTIFICATION TO PLUMBING INSPECTOR.

(A) The Plumbing Inspector shall be notified by the firm or the person doing the work when any plumbing work is begun and when it is ready for inspection. All work shall be left uncovered and convenient for examination until inspected and approved. The Plumbing Inspector shall examine the work within one day after receipt of notice that the work is ready for inspection.

(B) All plumbing must be tested in accordance with Ch. 14 of the State Plumbing Code in the presence of the plumbing inspector and all defective materials and work replaced and corrected.

(C) Upon satisfactory completion of the work, the Plumbing Inspector shall issue a certificate of approval. (Ord. 741, passed 12-13-1960)

§ 112.99 PENALTY.

(A) Any person who shall engage in the business of plumbing as a journeyman plumber, plumbing contractor or employing plumber in the city without having obtained a license from the state, as provided herein, and/or any person who shall not be registered, as provided herein, shall, upon conviction thereof, be fined not less than $5, nor more than $50 for each time that he or she shall so engage in the business of plumbing in violation of this chapter.

(B) Any person who has not obtained the permit required by this chapter prior to the commencement of any plumbing work shall, upon conviction, be fined not less than $10, nor more than $750 for each offense.

(C) Any person who shall refuse or neglect to obey any order of the Plumbing Inspector to correct or remove a nuisance existing by reason of unsanitary plumbing or plumbing installed in violation of this chapter shall, upon conviction of the offense, be fined not less than $5, nor more than $750 for each offense. Each day that the nuisance shall continue to exist after the expiration of the time fixed by the Plumbing Inspector for the removal thereof shall constitute a separate offense. (Ord. 741, passed 12-13-1960)

2003 S-1 26 Madison - Business Regulations CHAPTER 113: FOOD AND DRINK REGULATIONS

Section

113.01 Sale of frozen ice cream mix products 113.02 Sale of candy, snow cones and the like 113.03 Vehicles carrying foodstuffs 113.04 Bakeries 113.05 Milk 113.06 Refreshment dealers 113.07 Retail food establishments 113.08 Wholesale food establishments 113.09 Ice dealers

113.99 Penalty

§ 113.01 SALE OF FROZEN ICE CREAM MIX PRODUCTS.

(A) No person, firm or corporation shall sell or offer for sale from any motor vehicle unit on any public street in the city any frozen ice cream mix product, cones, syrups and toppings, ice cream, novelties or carbonated beverage for human consumption from any motor vehicle unit without first having secured a license therefor.

(B) (1) Applicants for licenses under this section must file with the Mayor a sworn application in writing which shall give the following information.

(a) Name and description of applicant;

(b) Address of applicant;

(d) If employed, the name and address of the employer together with credentials establishing the exact relationship;

(e) A description of the vehicle used, together with the license number and serial number;

(f) A photograph of the applicant taken within 60 days immediately prior to the date of the filing of the application, which picture shall be two inches by two inches, showing the head and shoulders of the applicant in a clear and distinguishing manner;

2003 S-1 27 28 Madison - Business Regulations

(g) The fingerprints of the applicant and the names of at least two reliable property owners in the county who will certify as to the applicant’s good character and business responsibility of the applicant as will enable an investigator to properly evaluate the character and business responsibility; and

(h) A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor.

(2) Upon receipt of the application by the Mayor, he or she shall cause an investigation of the applicant’s business and moral character to be made as he or she deems necessary for the protection of the public good.

(3) If, as a result of the investigation, the applicant’s character or business responsibility is found to be unsatisfactory, the Mayor shall notify the applicant that his or her application is disapproved and that no license will be issued.

(4) If the character and business responsibility of the applicant are found to be satisfactory, upon payment of the prescribed fee and upon compliance with the other requirements of this section, the City Clerk shall issue a license to the applicant signed by the Mayor, City Clerk and the City Collector.

(C) (1) The fee for a license hereunder shall be $200 for an annual license covering the period from May 1 to April 30 of the next succeeding year.

(2) The Clerk shall issue to each person granted a license hereunder a suitable certificate or badge bearing the number of the license.

(D) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

EMPLOYEE. Any operator or person employed by him or her who dispenses any ice cream mix product, beverage or ingredient from the motor vehicle unit defined herein.

HEALTH AUTHORITY. The City Health Inspector or an authorized representative of the Mayor.

MOTOR VEHICLE UNIT. The term motor vehicle unit shall mean any mobile-van-type truck with a maximum width of 84½ inches, a minimum length of 190 inches and a maximum length of 214 inches, containing a self locking, circular type serving window, an air tight stainless steel refrigerated storage box, a steel partition separating cab from serving area, hot and cold running water, built in septic tank for waste water, a minimum 5,000 watt power generator and truck marker lights with a minimum of four rear and two front amber safety blinker lights and 12 amber marking lights, which shall offer for sale to the public, frozen ice cream mix, cones, syrups and toppings, ice cream novelties, carbonated beverages and other frozen ice cream mix products. Food and Drink Regulations 29

OPERATOR. Any person, who by contract, agreement or ownership takes responsibility for servicing, operating, driving or maintaining any motor vehicle unit as defined in this section.

PERSON. Any individual, partnership, corporation, company, firm, institution, association or any other public or private entity.

(E) (1) The health authority or the Mayor’s representative, after proper identification, shall be permitted to enter the motor vehicle unit within the city, or its police jurisdiction, for the purpose of inspecting the operation of the motor vehicle unit.

(2) Whenever the health authority or the Mayor’s representative discovers a violation of any provision of this section, he or she shall notify the operator concerned. The notice shall:

(a) Describe the condition found and state which section of this section is violated by the condition;

(b) Provide a specific and reasonable period of time for the correction of the condition; and

(c) State that an opportunity for a hearing on inspection findings will be provided, if a written request for the hearing is filed with the health authority or the Mayor’s representative within ten days of receipt of notice.

(3) Frozen ice cream mix products, ice cream novelties, carbonated beverages and ingredients, cones, syrups and toppings intended for sale shall be obtained from sources complying with the regulations of the city and other applicable state and federal laws and regulations. The products shall be clean and wholesome, free from spoilage and shall be processed, prepared, handled and stored in a manner to be protected against contamination and adulteration. Frozen ice cream mix contained in the ice cream mix dispensers shall be maintained at a temperature not higher than 40°F.

(4) All parts of any frozen ice cream mix equipment which come into direct contact with the ice cream mix shall be effectively cleaned and bactericidally treated.

(F) (1) The motor vehicle unit shall display a sign on the rear of the van which shall read, “Caution Children,” shall have a clearly audible sound system with either a chime or bell tone and shall have marked plainly thereon the name of the operator with his or her address.

(2) The motor vehicle unit shall be kept in a clean and sanitary manner and condition and the operator thereof shall keep his or her hands clean and shall wear clean outer garments while engaged in handling any of the products sold from the motor vehicle unit. (Ord. 770, passed 5-25-1964) Penalty, see § 113.99 30 Madison - Business Regulations

§ 113.02 SALE OF CANDY, SNOW CONES AND THE LIKE.

It shall be unlawful to sell or offer for sale any candy, snow cones, ice cream, confection or any food or beverage for human consumption, from any motor vehicle or any vehicle or cart of any kind on any public street or sidewalk in the city. (Ord. 721, passed 2-24-1959) Penalty, see § 113.99

§ 113.03 VEHICLES CARRYING FOODSTUFFS.

(A) (1) It shall be unlawful to use or permit the use of any vehicle, including wagons and motor vehicles and vehicles propelled by human power, for the storage or carrying of any meats, poultry, fish, butter, cheese, lard, vegetables, bread or bakery products or any other provisions intended for human consumption, including beverages and milk, in the city for the purpose of delivering any foodstuffs to any place in the city for use and consumption or for resale in the city for such purposes unless a license for the vehicle is first secured and the provisions of this section are fully complied with.

(2) Applications for the licenses shall be made to the City Collector and shall state thereon the name and address of the owner thereof, the name or names of the persons from whom the deliveries are made and the nature of the goods carried. The Collector shall issue the licenses and shall give to the City Board a list of all licenses issued.

(3) The annual fee for the licenses shall be $20 and the license shall be for one year beginning on January 1 of each calendar year. The fees shall be paid in to the City Collector, who shall turn them over to the Comptroller forthwith.

(B) No license fee shall be required for any vehicle used to deliver foodstuffs from any establishment which is licensed and inspected as a food dealing establishment in the city, but all provisions of this section shall be complied with in connection with the vehicles, other than that providing for the payment of the fee.

(C) (1) All such vehicles shall be kept in a clean and sanitary condition and shall be thoroughly cleaned each day they are so used. It shall be unlawful to permit stale food, decaying matter or other waste material to accumulate in or on any vehicle while it is so used.

(2) If unwrapped foodstuffs are transported in any vehicle, the goods shall be carried in a portion or the vehicle which is screened and protected against dust and insects.

(D) It shall be the duty of the President of the city to make or cause to be made inspections as may be necessary to insure compliance with the provisions of this section. (Ord. 480, passed 12-29-1936) Penalty, see § 113.99 Food and Drink Regulations 31

§ 113.04 BAKERIES.

(A) Any establishment, place or stand used for the manufacture of bread, buns, rolls, biscuits, cakes, crackers, matzos, pretzels, pastry, doughnuts, waffles, noodles, macaroni, spaghetti or ice cream cones or any establishment used for the process of mixing, compounding or baking any food product of which flour or meal is a principal ingredient for sale to the public shall be deemed a bakery for the purpose of this section. A licensed restaurant in which any of the forgoing food products are mixed and baked for consumption in the restaurant only shall not be considered a bakery.

(B) No person, firm or corporation shall establish, maintain or operate any bakery, as defined in the foregoing division (A), without first having obtained a license to do so. The annual license fee, for any person, firm or corporation securing a license under this section, shall be $25 and, in addition thereto, the licensee shall pay an annual fee for each vehicle operated in the delivery of bakery goods of $10.

(C) Any person, firm or corporation desiring to establish, maintain or operate a bakery, as defined in division (A) above, shall make application in writing for a license to do so, in accordance with the provisions of the general licensing provisions of Ch. 110 of this code of ordinances, and shall also state therein the number of vehicles used for the delivery of bakery goods. It shall thereupon become the duty of the city’s Health Officer to make or cause to be made an examination of the place described in the application for the purpose of ascertaining whether the lighting, ventilation, sanitary arrangement and equipment of the bakery conforms to the requirements of this section. The Health Officer shall endorse his or her approval on the application and deliver the same to the Mayor for his or her approval.

(D) If, at any time during the term for which a license is granted under the provisions of this section, the Health Officer shall certify to the Mayor that the provisions of this section have not been or are not being complied with or that the public health of any person employed in the bakery is endangered by its maintenance, the Mayor shall revoke the license thereof.

(E) Every place used as a bakery shall be kept in a clean and sanitary condition as to its floors, sidewalls, ceilings, woodwork, fixtures, furniture, tools, machinery and utensils. All parts of the bakery shall be adequately lighted at all times and shall be ventilated so as to insure a free circulation of fresh air as all times. It shall not be necessary to ventilate at such time or in a manner that the process of mixing or rising of dough shall, of necessity, be interfered with or prevented.

(F) Every bakery shall be provided with adequate plumbing and drainage facilities, including well ventilated water closets. No water closet shall be in direct communication with a bakery.

(G) No person shall sleep in any bakery or in the room where flour or meal used in connection therewith, or the food product therein, are handled or stored.

(H) No employee or other person shall spit on the floor or walls of any bakery or place where food products of the bakery are stored. The smoking, snuffing or chewing of tobacco in any bakery is prohibited. 32 Madison - Business Regulations

(I) No person who has consumption, scrofula or venereal diseases or any communicable or loathsome skin disease shall work in any bakery and no owner, manager or person in charge of any bakery shall knowingly permit such a person to be employed in the bakery.

(J) All rooms for the storage of flour or meal for use in connection with any bakery shall be dry and well ventilated and every bakery and room used for the storage of materials and food products in connection therewith shall be so arranged that the shelves, cupboards, trays, troughs, buns, cases and all other appliances for handling and storing the same can be easily removed and cleaned. If the floor of any bakery or room is below the adjacent street level, no material or product shall be stored nearer to the floor than one foot, no nearer than six inches to any outside wall.

(K) (1) Every bakery shall be kept clean at all times and free from rats, mice and vermin and from all other matter of an infectious or contagious nature.

(2) Every bakery shall be kept reasonably free from flies and the doors, windows and other openings of every bakery shall, from April 1 to September 1, be fitted with self-closing wire screen doors and wire window screens.

(L) The Health Officer and any member of the Board of Health or the Police Department shall have the right at all times to enter the bakery in order to make the inspection and record of conditions of any bakery as they may deem necessary, and if the inspection discloses a lack of conformity with the provisions of this section, the Health Officer shall require the changes, alterations or renovations as may be necessary to make the bakery comply with the provisions herein. (Ord. 562, passed - -) Penalty, see § 113.99

§ 113.05 MILK.

(A) (1) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

MILK. Shall include sweet milk, skim milk, sour milk, buttermilk, and cream.

PERSON. Individual, firm, partnership, society, association, or corporation.

(2) This section shall be construed to apply severally to different classes of persons licensed hereunder.

(B) No person shall engage in the sale, delivery or distribution of milk within the city without a license therefor as hereinafter provided. Any person desiring to engage in the sale, delivery or distribution of milk within the city shall make written application in accordance with the provisions of Chapter 110.

2003 S-1 Food and Drink Regulations 33

(C) Any person engaging in the business of the sale, delivery or distribution of milk in the city shall pay to the City Collector at the time a milk license is issued to said person, an annual fee; said fee to be as follows:

(1) For the operation of each and every wagon or other vehicle engaged in the business of selling, delivery, or distribution of milk: $10.

(2) For the maintenance or operation of a place of business where milk is sold or kept for sale at retail: $10; provided, however, that should the person applying for a license already have a license to operate one or more vehicles, then in that case the license fee for operation of a place of business where milk is sold at retail shall be the sum of $5.

(3) For the operation of a wholesale business where milk is sold or kept for sale the fee shall be the sum of $15.

(4) For the dealer who both produces and distributes milk in the city from a vehicle or in any other manner the sum of $20.

(D) The Board of Health of the city is hereby invested with the power of making rules and regulations regarding sanitary conditions under which milk is produced, transported, stored and handled. The City Health Officer shall have authority at all reasonable hours to enter and inspect all places where milk is kept, transported or produced.

(E) Milk is the whole, fresh, clean, lacteal secretion by the complete milking of one or more healthy cows, properly fed and kept, excluding that obtained within 15 days before and five days after calving, or such longer period as may be necessary to render the milk practically colustrum free, and shall conform to the State Dairy Law in regard to milk fats and solids not fats. All skimmed milk, buttermilk, and cream shall conform to the standards and definitions fixed in the State Dairy Law. It shall be unlawful under this section for anyone to sell, offer for sale, or have in his or her possession with intent to sell, any milk not conforming to such standards. Milk found in possession of any person regularly engaged in selling milk shall be evidence of intent to sell.

(F) No milk, except skimmed milk, buttermilk, or sour milk, shall be peddled or sold at retail in quantities less than one gallon except in original containers with caps bearing the true name of the articles, the name and address of the producer, dealer or distributor, and bottles with the net volume of the contents, in accordance with the Illinois Dairy and Food Law.

(G) No dirty or unwashed bottles or cans shall be returned to a producer, delivery person or store. Persons engaged in selling or distributing milk are forbidden to receive dirty or unwashed bottles or containers. Milk bottles, milk cans or other containers for milk shall not be used for any other purpose other than containing milk or milk products.

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(H) It shall be unlawful to sell or offer for sale any milk containing any artificial color or preservatives or to which water or any foreign substance has been added or which has been handled or transported in unclean or unsanitary containers.

(I) All raw milk offered for sale shall be derived from healthy animals which have been examined by a veterinarian and found to be free from disease within six months from the time such milk was produced; and shall not contain more than 100,000 bacteria per cubic centimeter, and shall contain no pathogenic bacteria.

(J) All persons living on farms where such milk is produced or employed thereon, and all persons handling or in contact with the milk in dairies or other places, shall be free from contagious or infectious diseases, and shall not have been exposed to any person having a contagious disease. No person who is a typhoid, paratyphoid, diphtheria or septic sore throat carrier shall be employed in the production or handling of milk. No milk or cream which has been produced without full compliance with the foregoing provisions of this section shall be sold or offered for sale in the city.

(K) Milk may be delivered at quarantined premises provided that there is no contact of any kind between inmates and contents of the quarantined premises and the delivery agent. No milk receptacles shall be taken from such premises during the period of quarantine; and before being taken away for use such receptacles shall be thoroughly scalded and sterilized.

(L) Every building, room, basement or enclosure or premises occupied or used as a dairy or milk depot shall be properly and adequately lighted, drained and ventilated, and shall have adequate plumbing facilities. It shall be unlawful to employ any such place any person afflicted with a contagious disease, or one who may carry the germs of such a disease.

(M) Any person, who shall engage in the wholesale or retail milk business shall have each vehicle from which milk is vended conspicuously marked with the name and address of the vendor on both sides of the vehicle. All vehicles in which milk is transported must be covered and kept in a clean and sanitary condition and no bottling shall be done in transit. No bottling shall be permitted in a grocery, butcher shop or other retail store.

(N) The City Health Officer or any other person designated by the Board at Health at reasonable and regular intervals to be determined by the Board of Health shall investigate and take samples of milk, skim milk, buttermilk or cream to determine the quality and wholesomeness of the same, and they shall make or cause to be made an examination of the same to determine whether or not said products comply with the provisions of this section. For the purpose of the above examinations any person handling or selling milk or milk products shall furnish samples of such milk or milk products whenever so required by the City Health Officer or other person designated by the Board of Health.

(O) Any milk from sick or diseased cows, or any milk to which any artificial color or preservation or to which water or any foreign substance has been added shall, upon discovery thereof be confiscated, forfeited, and immediately destroyed by or under the direction of the Board of Health or City Health

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Officer, who shall, if done in good faith, to be held harmless in damages therefor in any suit or demand made.

(P) When it appears from the record that this section has been violated except in those eases in which the violation is provable by a chemical analysis the City Health Officer shall cause notice of such fact to be given to the party or parties concerned. The party or parties so notified shall be given an opportunity to be heard. The notice shall specify the date, hour and place of the hearing. If after such hearing the City Health Officer shall believe this section has been violated he or she shall cause the party or parties concerned to be prosecuted. Provided, however, that in all eases where a violation is provable, upon a chemical analysis it shall not be deemed necessary before a prosecution for the said violation is instituted that any preliminary hearing be held. (Ord. 1612, passed 5-6-2003) Penalty, see § 113.99

§ 113.06 REFRESHMENT DEALERS.

(A) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

REFRESHMENT DEALER. Any person, firm or corporation engaged in the business of selling, to the general public, food or drinks of any kind for consumption on the premises of such refreshment dealer. All general provisions of this section relating to REFRESHMENT DEALERS shall apply to each kind of refreshment dealer mentioned in this section except where the same are in conflict with other provisions of this section relating specifically to the particular kind of business.

(B) For the purpose of this section, Refreshment Dealers are classified as follows:

(1) Restaurant. Any establishment, place, vehicle, wagon or stand used for the preparation or serving of meals or lunches for sale to the public.

(2) Ice cream parlor. A place where ice cream, ices and ice cream beverages are kept and offered for sale.

(3) Retail beverage dealer. Any person, firm or corporation selling, offering for sale, or keeping with the intention of selling at retail either in bottles or other containers, for consumption on the premises, any malted, cereal or vinous non-intoxicating beverages as defined by law, or any soft drinks, carbonate beverages, fruit juices. waters, milk, buttermilk, chocolate, tea, coffee, bouillon or other beverages.

(C) It shall be the duty of every person, firm or corporation licensed as a refreshment dealer or carrying on a business under the provisions of this section to at all times keep the premises where such business is carried on clean and in proper sanitary condition. All persons employed or working in any such premises shall be kept clean and cleanly clothed. All utensils, appliances, vessels, receptacles,

2003 S-1 36 Madison - Business Regulations refrigerators, pantries, rooms, or any other places or things whatsoever which are used for the purpose of storing, preparing or manufacturing must at all times be kept in a clean, wholesome and sanitary condition. No decayed, unwholesome or impure material of any kind whatsoever shall be kept, sold or offered for sale by the person, firm or corporation in such business.

(D) Any person, firm or corporation desiring to engage in the business of a refreshment dealer as defined in the division (A) shall make written application therefor, which shall conform to the general provisions of this section relating to applications for licenses and which shall describe the premises where such business is to be carried on. It shall be the duty of the City Health Officer to cause an investigation to be made of the premises named and described in such application for the purpose of determining the fitness and suitability of such premises for such business from a sanitary standpoint. If the applicant or applicants or its chief officer, if the applicant be a corporation, is or are of good character and reputation, and if the premises where such business is to be carried on are proper and suitable from a sanitary standpoint, a license shall issue in accordance with such application upon such applicant or applicants paying the license fee hereinafter provided.

(E) It shall be the duty of the City Health Officer and he or she is hereby authorized and empowered, to inspect and examine from time to time all premises, wherein the business of a refreshment dealer is carried on, for the purpose of ascertaining whether all of the ordinances of the city and the laws of the state relating to the carrying on of such business are being complied with at such premises. It shall be the duty of every person, firm or corporation licensed under the provisions of this section to permit such inspection to be made and to assist the City Health Officer or his or her representative in the making of such inspection, and when required to furnish samples of any materials whatsoever which are kept or offered for sale, which samples shall be examined or analyzed by or under the direction of the City Health Officer. A record of such examinations or analysis shall in each case be made and kept on file in his or her office.

(F) It shall be unlawful for any employer to require, suffer or permit any person who is affected with any contagious or venereal disease, or who is a carrier of diphtheria or typhoid infection, to work in any refreshment dealer’s establishment and any person so affected shall be liable to the penalty herein provided in case he or she works in any refreshment dealer’s establishment while so affected.

(G) The annual license fee for restaurants as defined in division (B)(1) shall be $15.

(H) The annual license fee for ice cream parlors as defined in division (B)(2) shall be $15.

(I) The annual license fee for a retail beverage dealer as defined in division (B)(3) shall be $10. (Ord. 1612, passed 5-6-2003) Penalty, see § 113.99

§ 113.07 RETAIL FOOD ESTABLISHMENTS.

(A) (1) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

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RETAIL FOOD ESTABLISHMENTS.

(a) Any building, room, stand, enclosure, place or establishment used, operated or maintained for the purpose of selling, offering for sale or keeping with the intention of selling or distributing at retail, any food, confection, condiment or drink used or intended for human consumption, or any such article which is an ingredient of or is used for or is mixed with or enters into the composition of any such food; provided, that for the purpose of this section the term “food” or “drink” shall not be held to include ice cream, ices, soft drinks or other beverages consumed or intended for consumption on the premises, nor milk, cream, cereal or vinous non-intoxicating liquors or beverages.

(b) A RETAIL FOOD ESTABLISHMENT shall also be held to include any place, used as aforesaid, and operated, or maintained for the preparation, manufacture, packing, bottling or canning of foods, confections, condiments or drinks sold at retail in the establishment where such articles are so manufactured or prepared; provided, however, that bakeries, restaurants and other establishments which are especially licensed and defined by this section, engaged in making or preparing foods, shall not be considered retail food establishments for the purpose of this section.

(2) No person, firm or corporation shall establish, maintain or operate any retail food establishment without first having obtained a license as hereinafter provided.

(B) Any person, firm or corporation desiring a license to establish, maintain or operate a retail food establishment shall make written application for a license so to do, which shall conform to the general requirements of this section relating to applications for licenses, and shall set forth the location and description of the premises where such retail food establishment is to be conducted. The City Health Officer shall then make, or cause to be made, an investigation of the premises described in said application for the purpose of determining the fitness and suitability of such premises for a retail food establishment from a sanitary standpoint. He or she shall then transmit this said application to the Mayor together with his or her recommendation for or against the issuance of a license. If the applicant or applicants, or its chief officers, if it is a corporation, is or are of good character and reputation, and the premises where the retail food establishment is to be located are proper and suitable from a sanitary standpoint, the Mayor shall upon payment of the license fee hereinafter fixed, issue a license in accordance with such application.

(C) For the purpose of this section, retail food establishments are divided into the following classes, and the person, firm or corporation establishing, maintaining or operating any retail food establishment, as here classified, shall procure a license and pay a license fee annually for such establishment as follows:

(1) Class 1. This class shall include grocery stores, fruit stands and stores, berry stands and stores, candy and nut stores, vegetable stands and stores, confectionery stores, and all other retail food establishments which handle food products but do not sell fresh meats, fish, poultry or game, or any meat products or meat preparations other than such as are contained and sold in cans, folders, boxes, cartons or similar containers. The annual license fee for this class shall be $15.

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(2) Class 2. This class shall include meat markets, poulterers’, fish mongers’ shops, establishments operating on the self-help basis, where the buyer helps himself or herself to his or her purchases without a clerk. The annual license fee for this class shall be $15.

(3) Class 3. This class shall include establishments which handle food products and also sell fresh meats, fish, poultry, or game, and shall also include all other retail food establishments not falling under Class 1 or 2 or falling within both classes. The annual license fee for this class shall be $25.

(D) The Mayor may revoke such license at any time by notice in writing whenever it shall appear from the recommendation of the City Health Officer or otherwise, that the licensee has violated the provisions of any law of the state or of any ordinances of the city relating to the carrying on of the business named in the license.

(E) It shall be the duty of every person, firm or corporation establishing, maintaining or operating a retail food establishment to keep the floors, walls, pillars, partitions, ceilings, receptacles, refrigerators, implements and machinery of every such establishment, and all carts, trucks, vehicle and containers used for the transportation of food, in a clean and sanitary condition. For the purposes of the enforcement of this section unclean and insanitary conditions shall be deemed to exist if the food in the process of production, preparation, manufacture, packing, storing, sale, distribution, or transportation is not adequately protected from flies, vermin, dogs, eats, rats, dust, dirt and from other foreign or injurious contamination; or, if refuse, dirt, or waste products subject to decomposition and fermentation are not removed daily; or if the trucks, trays, boxes, buckets or other receptacles, or the refrigerators, racks, tables, counters, cases, shelves, or the knives, saws, cleavers, or other utensils, or the machinery used in handling, cutting, chopping, or mixing, canning or other processes are not clean, or if the clothing of operatives or other persons employed in the handling of food is unclean, or if no adequate toilet facilities, soap or clean towels are provided for employees handling foods.

(F) (1) Meat and other foods, except when in storage or refrigerator rooms shall not be placed directly on the floor unless kept in suitable containers. All racks on which meat is laid or hung shall be made of smooth, hard material, constructed so that they can be readily cleaned. Floor racks and the openings of boxes or containers must be at least six inches above the level of the floor.

(2) All machinery, containers and utensils must be cleaned at least once each day with hot water and soap or suitable washing powder and shall be kept covered when not in use.

(3) Meat that has fallen on the floor shall not be used for food products unless such meat has been trimmed or cleaned sufficiently to remove all contamination.

(4) No operative, employee, or other person shall expectorate on the utensils, apparatus or on the floors or side walls of any building, room, basement or cellar where the production, preparation, manufacture, packing, storing, or sale of any food product is conducted. Operatives, employees, clerks

2003 S-1 Food and Drink Regulations 39 and all persons who handle candy, bakery goods, meat and similar foods, or who are engaged in the making or preparation of foods shall wash their hands thoroughly in clean water before beginning work, or after visiting the toilet.

(5) It shall be unlawful for any employer to require, suffer or permit any person who is affected with any contagious or venereal disease, or who is a carrier of diphtheria or typhoid infection, to work in any retail food establishment and any person so affected shall be liable to the penalty herein provided in ease he or she works in any retail food establishment while so affected.

(6) No retail food establishment shall be maintained in any building in which horses, mules or cows are kept or stabled; unless such establishment is entirely separated by a tight wall from the portion of any such building in which horses, mules or cows are kept or stabled. The immediate vicinity of all food establishments shall be kept free from the accumulation of rubbish, garbage, manure or any other putrefying, decomposing, infectious, or bad smelling substances.

(G) It shall be unlawful for any person, firm or corporation to use in any retail food establishment, or to bring into or keep in the same with the intention of selling, any food, condiment, confection or drink which is unclean, unwholesome, tainted, putrid, decayed, adulterated, poisoned, infected or in any other manner rendered unsafe or unwholesome for human food. For the purpose of this section such food products shall be deemed unwholesome for human food if the same have been contaminated by flies or other insects, vermin, dust, dirt or other foreign contamination; if they contain any poisons or deleterious or injurious ingredients in kind and quantities so as to render such articles injurious or detrimental to health; or if they contain the whole or part of any uninspected and unpassed meat or meat-food products or if such articles are or have been submerged in brine or other solutions which are unclean, sour, putrid, spoiled, or contaminated.

(H) The City Health Officer shall make regular inspection of all retail food establishments licensed under the provisions of this section to ascertain whether the provisions of this section or of any of the ordinances of the city relative to the conduct of such establishment are being violated, and he or she shall make report of any violation thereof to the Mayor. (Ord. 1612, passed 5-6-2003) Penalty, see § 113.99

§ 113.08 WHOLESALE FOOD ESTABLISHMENTS.

(A) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

WHOLESALE FOOD ESTABLISHMENTS. Any building, room, enclosure, place or establishment used for the preparation, manufacture, canning, bottling, packing, distribution, selling, offering for sale, or keeping with the intention of selling, or distributing, at wholesale, any article of food confection, condiment or drink, including soft drinks and carbonated beverages, used or intended for human consumption or any article which is the ingredient of or is used for or is mixed with or enters into the composition of any such food, confection, condiment or drink.

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(B) No person, firm or corporation shall establish, maintain or operate any wholesale food establishment without first having obtained a license as hereinafter provided.

(C) Any person, firm or corporation desiring a license to establish, maintain or operate a wholesale food establishment shall make written application for a license so to do, which shall conform to the general requirements of this section relative to applications for licenses and shall set forth the location of the premises where such wholesale food establishment is to be conducted. The City Health Officer shall then make or cause to be made, an investigation of the premises described in said application for the purpose of determining the fitness and suitability of such premises for a wholesale food establishment from a sanitary standpoint. He or she shall then transmit this said application to the Mayor together with his or her recommendation for or against the issuance of a license. If the premises where the wholesale food establishment is to be located are proper and suitable from a sanitary standpoint the Mayor shall upon the payment of the license fee hereinafter fixed issue a license in accordance with such application.

(D) The Mayor may revoke such license at any time by notice in writing whenever it shall appear from the recommendation of the City Health Officer or otherwise that the licensee has violated the provisions of any law of the state or of any ordinances of the city relating to the carrying on of the business licensed.

(E) It shall be the duty of every person, firm or corporation establishing, maintaining or operating a retail food establishment to keep the floors, walls, pillars, partitions, ceilings, receptacles, refrigerators, implements and machinery of every such establishment, and all carts, trucks, vehicles, and containers used for the transportation of food, in a clean and sanitary condition. For the purpose of the enforcement of this section, unclean and unsanitary conditions shall be deemed to exist if the food in the process of production, preparation, manufacture, packing, storing, selling, distribution, or transportation is not adequately protected from flies, vermin, dogs, cats, rats, dust, dirt and from other foreign or injurious contamination; or if refuse, dirt or waste products subject to decomposition and fermentation are not removed daily; or if the trucks, trays, boxes, buckets or other receptacles, or the refrigerators, racks, tables, counters, cases, shelves, or the knives, saws, cleavers, or other utensils, or the machinery used in handling, cutting, chopping, or mixing, canning, bottling or other processes are not clean, or if the clothing of operatives or other persons employed in the handling of food is unclean, or if no adequate toilet facilities, soap or clean towels are provided for employees handling food.

(F) It shall be unlawful for any employer to require, suffer or permit any person who is affected with any contagious or venereal disease, or who is a carrier of diphtheria or typhoid infection, to work in any wholesale food establishment and any person so affected shall be liable to the penalty herein provided in case he or she works at any wholesale food establishment while so affected.

(G) No wholesale food establishment shall be maintained in any building in which horses, mules or cows are kept or stabled, unless such establishment is entirely separated by a tight wall from the portion of any such building in which horses, mules or cows are kept or stabled. The immediate vicinity of all wholesale food establishments shall be kept free from the accumulation of rubbish, garbage, manure or any other putrifying, decomposing, infectious, or bad-smelling substances.

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(H) It shall be unlawful for any person, firm or corporation to use in any wholesale food establishment or to bring into or keep in the same, any article of food or drink which is unclean, unwholesome, tainted, putrid, decayed, adulterated, or in any other manner rendered unsafe or unwholesome for human food. For the purpose of this section such food products shall be deemed unwholesome for human food if the same have been contaminated by flies or other insects, vermin, dust, dirt, or other foreign contamination; or if they contain any poisons or deleterious or injurious ingredients in kind and quantities so as to render such articles injurious or detrimental to health.

(I) The City Health Officer shall make regular inspection of all wholesale food establishments licensed under the provisions of this section to ascertain whether the provisions of this section or of any of the ordinances of the city relative to the conduct of such establishment are being violated, and he or she shall make report of any violations thereof to the Mayor.

(J) Any person, firm or corporation establishing, maintaining or operating any wholesale food establishment shall pay an annual license fee of $50. (Ord. 1612, passed 5-6-2003) Penalty, see § 113.99

§ 113.09 ICE DEALERS.

(A) It shall be unlawful for any person, firm or corporation to engage in the business of selling, peddling or delivering ice within the corporate limits of the city without first having obtained a license so to do.

(B) All dealers in ice shall pay an annual license fee of $15; provided, however, that any person, firm or corporation licensed to keep a coal yard shall be authorized to deal in ice without the payment of any further license fee.

(C) No person, firm or corporation shall sell or deliver in the city, any ice for domestic use which shall have been taken from any lake, pond, river, stream or other body of water, wherever located, which is defiled by sewage, garbage, ashes, decaying vegetation, refuse or wastes from any industry, or by any other substance tending to make the ice cut or obtained from such water impure and unhealthful; nor shall any person, firm or corporation sell or deliver any except pure and healthful ice, free from nitrites and pathogenic bacteria and to contain not more than nine-thousands of one part of free ammonia and nine-thousands of one part of albuminoid ammonia in one hundred thousand parts; provided, that this section shall not be construed to prohibit the selling or delivery of impure ice to be used only for packing or cooling purposes, that is to say, for use in places where it will not come in contact with articles of food or drink.

(D) Every person, firm or corporation selling ice or offering ice for sale, shall at the time of delivery of any ice sold, if requested to do so by the purchaser of such ice or any servant or employee of such purchaser to whom the delivery of such ice is made weigh the quantity of ice delivered and for that purpose use accurate apparatus for weighing such ice. All ice sold within the city shall be sold by avoirdupois weight unless it is otherwise especially agreed upon between the buyer and the seller.

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(E) It shall be the duty of the City Health Officer and he or she is hereby authorized, to make such inspections as are necessary to secure compliance with the provisions of this section, and of all ordinances of the city relative to public health, and he or she shall make immediate report of all violations thereof to the Mayor. (Ord. 1612, passed 5-6-2003) Penalty, see § 113.99 Cross reference: Coal yards, see § 127.03

§ 113.99 PENALTY.

(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.

(B) Whoever shall violate any of the provisions of § 113.05 shall be punished by a fine of not less than $10 nor more than $200 for the first offense, and for the second offense, the sum of not less than $25 nor more than $200 and the revocation of his license.

(C) Any person, firm or corporation that shall violate or fail to comply with any of the provisions of §§ 113.06 through 113.08 shall be fined not less than $5 nor more than $100 for each offense; and a separate offense shall be regarded as committed each day on which such person, firm or corporation shall continue any such violation.

(D) Any person, firm or corporation violating any of the provisions of § 113.09 shall, upon conviction, be fined not less than $5 nor more than $200 for each offense. (Ord. 1612, passed 5-6-2003)

2003 S-1 CHAPTER 114: APARTMENTS AND RENTAL PROPERTY; LODGING

Section

Apartments and Rental Property

114.01 Definitions 114.02 Applicability 114.03 License required 114.04 License renewal 114.05 Application and license 114.06 License approval 114.07 Fees 114.08 Enforcement 114.09 Abatement

Lodging Provisions

114.20 License required; fee 114.21 Hotels and rooming houses

114.99 Penalty

APARTMENTS AND RENTAL PROPERTY

§ 114.01 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

APARTMENT HOUSE. A residential building designed for three or more dwelling units.

OWNER. The owner of any real property for rent or lease.

RENTAL UNIT. Any dwelling unit or structure in which the owner allows another person or persons to reside for rent, hire or lease, including, but not limited to any purchase under contract for deed where the seller retains an interest in the property or a lease/buy-back agreement.

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RESPONSIBLE PERSON. The person or persons who reside within the corporate limits of the city, designated by an owner who does not reside within the corporate limits of the city, to receive all notices, letters of violation and other communications and to handle or forward all communication to the owner. Service of a communication upon the RESPONSIBLE PERSON shall be deemed the same as service upon the OWNER.

VIOLATION CORRECTION ORDER. A document issued by the inspection authorities of the city listing the violations and required corrections to be made within a stated time. (Ord. 1302, passed 3-27-1996)

§ 114.02 APPLICABILITY.

Every person carrying on the business of renting or leasing property for a profit without regard to the number of dwelling units owned within the corporate limits of the city. (Ord. 1302, passed 3-27-1996)

§ 114.03 LICENSE REQUIRED.

All owners of residential rental units, as above described, shall be licensed. It shall be unlawful for any person or firm to conduct, keep, manage or operate or cause to be conducted, kept, managed or operated, any dwelling, dwelling unit, apartment house, two-family dwelling, multi-family dwelling, single-family dwelling for rent, hire or lease or for services rendered without a license therefor. (Ord. 1302, passed 3-27-1996) Penalty, see § 114.99

§ 114.04 LICENSE RENEWAL.

(A) All licenses shall be renewed annually and are due on July 1.

(B) Licenses are not transferrable or refundable.

(C) All licensing fees shall be pro-rated on a six-month basis, except renewals which shall only be paid on an annual basis. All licensing fees shall be designated to be used to maintain the departments of the Building and Health Inspector or other departments charged with the enforcement of this chapter. (Ord. 1302, passed 3-27-1996)

§ 114.05 APPLICATION AND LICENSE.

(A) (1) A written application for the license required by this chapter shall be submitted on forms furnished by the office of the City Clerk. The completed application and appropriate fees to be filed and registered with the office of the City Clerk.

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(2) Applications shall accurately state the full name the license is to be issued under; the full name and address of the owner of the buildings or premises so licensed; the full street address, including all individual apartment numbers, if applicable, of each rental unit found within the corporate limits of the city owned by the holder of the license; the full name and address of the person or persons to reside in each rental unit; the number of persons so to reside; and the full name and address of the responsible person who will accept notification concerning the premises. Licenses are not transferable from one party to another.

(B) Upon the sale of any structure, it shall be necessary for the new owner or owners to acquire a new license subject to the same conditions as the original license.

(C) Upon the re-rental of any rental unit to a different occupant or occupants it shall be necessary for the owner to immediately notify the office of the City Clerk of the change in occupancy status and to amend the license application to reflect the changed status. No separate fee will be charged for the amendment. (Ord. 1302, passed 3-27-1996) Penalty, see § 114.99

§ 114.06 LICENSE APPROVAL.

Upon receipt and registration of the application by the office of the City Clerk, that office shall authorize inspection of each structure. Upon written approval from the Building Inspector that the structure or structures meet the minimum standards as required by all applicable laws, ordinances, codes and standards, the license shall be issued to the owner. No license shall be issued, or be renewed, in the name of any owner who owns property in the city on which there are fees for trash hauling, alarm services and any other city services owed. Failure to keep all fees current is a violation of this chapter. (Ord. 1302, passed 3-27-1996)

§ 114.07 FEES.

The fee for licensing shall be $25 per year and shall cover the licensing of all rental units owned by a single owner or jointly held by husband and wife, a partnership or corporation. (Ord. 1302, passed 3-27-1996)

§ 114.08 ENFORCEMENT.

Failure to comply with any violation correction order within the prescribed length of time shall cause the license to be revoked or suspended. No license shall be reinstated until all violations have been corrected. Upon suspension of a license the rental units in question and each of them shall be vacated and shall remain unoccupied until the license is reinstated. Failure to secure the offending premises and all other rental units owned by the licensee will result in penalties. (Ord. 1302, passed 3-27-1996) Penalty, see § 114.99

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§ 114.09 ABATEMENT.

(A) Whenever each and every rental unit owned by an owner, as defined herein, is vacant for a continuous period of six months (180 days) or longer or each and every rental unit so owned becomes uninhabitable because of fire or other causes beyond the control of the owner or whenever each and every rental unit so owned is occupied for a continuous period in excess of six months (180 days) by a person who pays no rent or performs no service in lieu of rent and the owner receives no benefit from the presence of the person or persons upon the premises, an abatement of the licensing fee may be issued, by the city’s Building Inspector or his or her assistant, upon inspection of each and every rental unit so owned.

(B) Before any abatement is granted, a fee of $5 must be paid to the City Comptroller for an inspection to be performed and a request must be made in writing and contain the reasons for the abatement; the name, address and phone number of the applicant; agreement to allow during any granted abatement period inspection of the rental unit or rental units by the city upon 24-hour notice or other time mutually agreed to, but not exceeding 72 hours from the time of the notice, to confirm that each and every rental unit owned by the owner continues to meet the abatement criteria and provide copies of the monthly utility bills, if any, during the abatement period, if the reason for the abatement is that the rental unit or rental units are not inhabited or are uninhabitable; and agreement that any violation of any one or more of the provisions for abatement will make the abatement null and void and all charges, fees, penalties and interest for licensing fees and non-payment of same shall immediately be assessed and become due and payable.

(C) Any abatement request that is allowed shall terminate upon the violation, directly or indirectly, by the owner of any of the terms and provisions heretofore stated for granting the abatement, the issuance of an occupancy permit allowing occupancy of any owned rental unit to any degree, or the passage of 12 months from the effective date of the abatement, whichever comes first. All abatements, no matter when granted, must be renewed on or before July 1 of each year, with payment of the required $5 inspection fee due in full at that time. (Ord. 1302, passed 3-27-1996)

LODGING PROVISIONS

§ 114.20 LICENSE REQUIRED; FEE.

No person shall conduct, keep, manage, operate or cause to be conducted, kept, managed or operated, either as owner, lessor, lessee, agent or attorney, any hotel, rooming house or lodging house within the corporate limits of the city without first having obtained a license from the City Clerk to do so. The fee for each license shall be $5 per year for hotels, rooming houses, or lodging houses with five rooms or less and $1 per room per year for each additional room over five. (Ord. 1303, passed 3-26-1996; Am. Ord. 1612, passed 5-6-2003) Penalty, see § 114.99

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§ 114.21 HOTELS AND ROOMING HOUSES.

(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

HOUSE. Hotels, rooming and lodging houses.

PERSON. Natural persons, co-partnerships, corporations and associations, and shall include persons of both sexes.

(B) The City Health Officer shall examine into and investigate the character and qualifications of applicants for licenses within the meaning of this section and report to the Mayor his or her recommendation as to whether or not a license shall be issued to such applicant.

(D) No license shall be issued to any person to conduct a hotel, rooming house, or lodging house within the city unless such person is of ascertained good moral character; and when application for such license is made the applicant shall present himself or herself in person to the City Health Officer and at such time present to said officer satisfactory proof of good moral character. When application for a license is made by or on behalf of a co-partnership, corporation or association, such application shall be made by the manager, officer, agent, or other persons who will have the charge and management of such hotel, rooming house, or lodging house.

(E) No license as in this section provided shall be transferred or assigned.

(F) No person to whom a license shall be issued, as provided in this section shall suffer or permit the hotel, rooming house, or lodging house to which license relates to be used as a house of ill-fame, brothel, bawdy house, or disorderly house, for the purpose of prostitution, fornication, or lewdness.

(G) Every person to whom a license shall have been issued to conduct a hotel, rooming or lodging house shall at all times keep a standard hotel register in which shall be inscribed the names and home address of all guests or persons renting or occupying rooms in such house, which register shall be signed by the person renting a room or rooms, or by some one under his or her direction. Such registration must be made, and after the name or names so inscribed or registered, the manager of the of the house, or his or her agent, shall write the number of the room or rooms which each guest or person is to occupy, together with the time when such room is rented. All of which shall be done before such person is permitted to occupy such room or rooms. Such registers shall be at all times upon to inspection by any guest of the house wherein such register is kept and to any officer of the city or the state.

(H) It shall be unlawful for any person to write or cause to be written in any hotel register any other or different name or address than the true name or address of such person or the name by which such person is generally known.

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(I) No one room shall be assigned to two persons of the opposite sex except in the case of children accompanied by parent or guardian, unless such persons shall be registered as husband and wife.

(J) Where a license shall have been issued to any co-partnership, corporation, or association to conduct a hotel, rooming house, or lodging house, any person having charge, management, or control of such hotel, rooming house, or lodging house shall be liable to prosecution for any violation of this section. (Ord. 1612, passed 5-6-2003) Penalty, see § 114.99

§ 114.99 PENALTY.

(A) (1) After the renewal due date, according to § 114.04, there shall be an additional monthly charge of $25.

(2) Any person or firm violating the provisions of §§ 114.01 through 114.09 shall be guilty of a petty offense. A fine of not less than $50 and not greater than $750 at the discretion of the court. Separate offenses shall be deemed committed on each day during or on which a violation occurs or continues.

(B) (1) Any person, firm or corporation violating § 114.20 shall be fined not less than $50 nor more than $750 for each offense at the discretion of the court.

(2) Separate offenses shall be deemed committed on each day during or on which a violation occurs or continues.

(C) Any person, firm or corporation violating any of the provisions of § 114.21 shall be fined not less than $10 nor more than $200 for each offense. (Ord. 1302, passed 3-27-1996; Am. Ord. 1303, passed 3-26-1996; Am. Ord. 1612, passed 5-6-2003)

2003 S-1 CHAPTER 115: TEMPORARY SALES

Section

Personal Property Sales

115.01 Intent 115.02 Permit required 115.03 Applications 115.04 Term of permit; conditions 115.05 Fee 115.06 Permit posted on premises 115.07 Hours of sale 115.08 Inspections

Peddlers, Solicitors and Transient Merchants

115.20 Registration required 115.21 Fee 115.22 Certificate 115.23 Exceptions 115.24 Revocation 115.25 License required 115.26 Transient vendors of merchandise

Photographers

115.35 Definitions 115.36 License required 115.37 Application 115.38 Fees

115.99 Penalty

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PERSONAL PROPERTY SALES

§ 115.01 INTENT.

It is the intent of this chapter to regulate the term and frequency of personal property sales (such as garage sales, porch sales, basement sales, yard sales and other similar types of sales, all hereafter referred to as garage sales) so as not to disturb or disrupt the residential environment of the area in which the sales are conducted. It is not the intent of this chapter to seek control of sales by individuals selling a few of their household or personal items. (Ord. 1310, passed 6-18-1996)

§ 115.02 PERMIT REQUIRED.

Any person desirous of holding a garage sale as hereinbefore defined, for resale of used household items, clothing or any personal property items which are owned by residents of the premises, shall obtain a permit therefore from the City Clerk. (Ord. 1310, passed 6-18-1996)

§ 115.03 APPLICATIONS.

Applications for permit shall be made to the City Clerk upon forms furnished by the City Clerk. (Ord. 1310, passed 6-18-1996)

§ 115.04 TERM OF PERMIT; CONDITIONS.

(A) Each family participating in a garage sale must make application for and pay for a permit. Any permit issued shall be for a term not exceeding three consecutive days during each calendar quarter of the year for each family participating in any garage sale (a maximum total of four garage sales per year per family) and no sales shall be conducted on Sunday at any time. In the event of inclement weather causing the cancellation or postponement of the garage sale, the garage sale may resume on the next clear weather day.

(B) Failure to resume the garage sale on the next clear weather day will invalidate the permit and require an application for and issuance of a new permit for the remaining days of the original garage sale.

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§ 115.05 FEE.

The permit for each sale shall be $5 per family. (Ord. 1310, passed 6-18-1996)

§ 115.06 PERMIT POSTED ON PREMISES.

The permit shall be posted on the premises in a conspicuous place so as to be seen by the public and city inspector. (Ord. 1310, passed 6-18-1996)

§ 115.07 HOURS OF SALE.

Each sale shall be conducted between the hours of 9 a.m. and 6 p.m. only. (Ord. 1310, passed 6-18-1996)

§ 115.08 INSPECTIONS.

Inspectors, police officers or any other officials designated by any city ordinance to make inspections under the licensing or regulating ordinances, or to enforce the same, shall have the right of entry to any premises showing evidence of a garage sale for the purpose of enforcement or inspection, and may close the premises from which a sale is being conducted or arrest any person who violates the provisions of this chapter. (Ord. 1310, passed 6-18-1996)

PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS

§ 115.20 REGISTRATION REQUIRED.

(A) It shall be unlawful for any person to engage in business in the city as a canvasser or solicitor, calling at residences without the previous consent of the occupant for the purpose of soliciting orders, sales, subscriptions or business of any kind, without first having registered in the office of the City Clerk.

(B) The registrant shall give his or her complete identification, his or her signature, the name of his or her employer, the nature of the products or services in which he or she is interested, the names

2003 S-1 50B Madison - Business Regulations of the manufacturers of the products or of the organization which he or she is representing and the proposed method of operation in the city. (Ord. 720, passed 2-24-1959) Penalty, see § 115.99

§ 115.21 FEE.

Each registrant shall pay to the City Clerk a registration fee of $3 for the period expiring 30 days after the date of the registration. (Ord. 720, passed 2-24-1959)

§ 115.22 CERTIFICATE.

(A) Each applicant who shows evidence of good character and who pays the fee provided for herein shall be furnished a certificate indicating that he or she has registered and showing the dates covered by the registration.

(B) Each person shall, at all times while soliciting or canvassing in the city, carry upon his or her person the registration certificate and the same shall be exhibited by the registrant whenever he or she is required to do so by any police officer or by any person solicited. (Ord. 720, passed 2-24-1959)

§ 115.23 EXCEPTIONS.

The provisions of this subchapter shall not apply to officers or employees of the city, county, state or federal government, or any subdivision thereof, when on official business, nor to solicitors for nonprofit, civic and eleemosynary organizations soliciting funds for charitable or benevolent purposes. (Ord. 720, passed 2-24-1959)

§ 115.24 REVOCATION.

Any registration may be revoked by the Mayor or the Chief of Police because of any violation by the registrant of this subchapter or of any other ordinance of the city, or of any state or federal law, or whenever the registrant shall cease to possess the qualifications and character required in this subchapter for the original registration. (Ord. 720, passed 2-24-1959)

§ 115.25 LICENSE REQUIRED.

(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

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RETAIL PEDDLER. Any person, either for himself, herself or as agent or solicitor for another person, who shall go about within the corporate limits of the city, from house to house, from place to place, or from customer to customer, and sell or offer to sell goods, wares or merchandise or vegetables, fruits or perishable farm products, by sale at retail and by delivery of the same to be made at the time and place of sale, or at any other place within the corporate limits of the city, or who shall occupy any stand for said purpose of sale on any public street, corner, sidewalk or other public property within the city. Provided, however, that the provision of this definition shall not be construed to apply to any person selling such goods, wares and merchandise of any description, or vegetables, fruits or perishable farm products, raised, produced, or manufactured by the individual undertaking to peddle the same; nor to newsboys peddling newspapers within the city.

SALE AT RETAIL. Any sales to consumers and not to dealers and not for purposes of resale, either in the form in which purchased, or any prepared or manufactured form.

SALE AT WHOLESALE. Sales to dealers, or persons, for the purpose of resale, either in the form in which purchased or any prepared or manufactured form.

WHOLESALE TRANSIENT VENDOR. Any peddler, hawker, huckster, itinerant or casual vendors whether the same be persons, firms or corporations, who or which do not maintain within the city a bona fide place of business or establishment and there carry on their business in a generally permanent and continuous manner, throughout the year as compared with the manner in which like businesses engaged in the sale of like products are now generally carried on and conducted by persons, firms and corporations at established places of business within the city; and who or which go about within the city, from place to place, from store to store, or from market to market, and sell or offer to sell their goods, wares or merchandise, or vegetables, fruits or perishable farm products, by sale at wholesale and by wholesale delivery to be made at the time and place of said sale or at any other place within the city, or who or which shall occupy any stand for said purpose of sale and delivery on any public, street, corner, sidewalk or other public property within the city.

(B) It shall be unlawful for any person firm or corporation, either as principal or agent, to engage in the business of retail peddler or wholesale transient peddler, in the city, without haying first obtained a license according to the classification of licenses issuable hereunder and in the manner hereinafter provided.

(C) The Mayor of the city shall, on the application for a retail peddler’s or wholesaler transient peddler’s license, issue such license to any such person or applicant authorizing him or her to peddle within the corporate limits of the city for the period therein applied for, on the payment of the said applicant of the following license fee:

(1) Where the applicant applies for a retail peddler’s license and desires to carry his or her own goods for purposes of sale hereunder, for one day the license fee shall be $3; for one week, $15; for one month, $30 and for any period exceeding one month and not beyond the municipal fiscal year, $50.

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(2) Where the applicant desires to peddle any merchandise by sale at retail within the meaning of this section with a horse, truck or vehicle of any nature, for one day the license fee shall be $5; for one week, $15; for one month, $25; and for any period exceeding one month and not beyond the municipal fiscal year, $50.

(3) Any applicant desiring to peddle under the meaning of this section by sale at retail, who shall occupy for such purpose any stand, tent or structure, on the public street, corner, sidewalk or other public property within the corporate limits of the city, shall pay a license fee as follows: $20 for the first week, $15 for the second week, and $10 for each succeeding week thereafter. After ten weeks no further license fee shall be required.

(4) Any applicant desiring to obtain a license, as a wholesale transient peddler within the meaning of the provisions of this section shall pay a license fee of $100.

(D) No license fee shall be required from any ex-soldier, sailor or marine; nor from any farmer peddling or selling the products of his or her own farm; nor from any other person from whom the city is prohibited by state or federal law from requiring a license fee.

(E) The Mayor may grant permission temporarily to any deserving poor or unfortunate citizen to peddle free or upon such terms as may be agreed upon, but in any event said permit issued by the Mayor shall not be for a period exceeding 30 days. (Ord. 1612, passed 5-6-2003) Penalty, see § 115.99

§ 115.26 TRANSIENT VENDORS OF MERCHANDISE.

(A) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

TRANSIENT VENDOR OF MERCHANDISE. Any person, firm, association or corporation engaged temporarily in the retail or wholesale sale of goods, wares, fruits, vegetables, perishable farm products, or other merchandise of any other nature in any place in this city and who for the purpose of conducting such business occupies any lot, building, room, stand, shelf, counter, tent or structure of any kind. Provided that peddlers who are licensed as required by ordinance shall not be considered to be transient vendors of merchandise.

(B) It shall be unlawful for any person, either as principal or agent, to engage in business as a transient vendor or merchandise in the city without first obtaining a license to do so.

(C) Any person firm or corporation desiring to engage in such business, shall file a written application in accordance with the provisions of Chapter 110, stating the applicant’s name, residence, place where he or she intends to do business, and the commodity or merchandise to be sold or offered for sale.

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(D) The fee for such licenses shall be $50 for each week. No license shall be issued for less than one week at a time, but it may be renewed from week to week. (Ord. 1612, passed 5-6-2003; Am. Ord. 1716, passed 11-10-2009) Penalty, see § 115.99

PHOTOGRAPHERS

§ 115.35 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

FINISH. To describe, include and refer to all work and processes required to be done or used in reproducing, from any exposed photographic film or plate, a positive image or likeness of the person or object of whom the exposure was taken and of making one or more copies thereof and of fixing, toning, retouching, washing and trimming the photograph and material upon which the same is reproduced prior to delivery thereof to the purchaser.

ITINERANT PHOTOGRAPHER. Any person, firm or corporation who solicits the taking and selling of finished photographs for profit inn the city any who has no studio or other place of business equipped therefor within the city.

RESIDENT PHOTOGRAPHER. Any person, firm or corporation engaging in the business of or soliciting the taking and selling of finished photographs for profit in the city who maintains a studio or other place of business equipped therefor within the city for six months or more in any one year.

TRANSIENT PHOTOGRAPHER. Any person, firm or corporation engaging in the business of or soliciting the taking and selling of finished photographs for profit in the city who maintains a studio or other place of business equipped therefor within the city for less than six months in one year. (Ord. 618, passed 6-22-1948; Am. Ord. 623, passed 9-28-1948)

§ 115.36 LICENSE REQUIRED.

It shall be unlawful for a residents transient or itinerant photographer to conduct or carry on his or her business in any manner in the city without first obtaining a license so to do. (Ord. 618, passed 6-22-1948; Am. Ord. 623, passed 9-28-1948) Penalty, see § 115.99

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§ 115.37 APPLICATION.

(A) (1) A person, firm or corporation desiring to engage in the business of a resident, transient or itinerant photographer within the city shall make application to the City Clerk for a license so to do, and shall state, in an application, the place or places, where he or she has resided for the last preceding year, his or her occupation and employment during the period, the period of time he or she desires to engage in business in the city, and the number of persons employed, to be employed by him or her or with him or her or with whom he or she will be associated, in carrying on business in the city.

(2) The applicant shall deposit with the application the proper license fee therefor.

(B) A resident photographer’s license may only be issued to an applicant who either presents sufficient evidence that he or she has been in fact a resident photographer for the year immediately preceding or posts a bond with the City Clerk, with surety to be approved by the Mayor, in the amount of $1,000, conditioned that, in case he or she should not maintain a studio or other place of business within the city, for six months or more in the year, he or she will make full payment to the City Clerk of the license fee required if transient or itinerant photographers, as the case may be, for the period of time elapsing between the date of issuance of his or her resident photographer’s license and the time the photographer shall discontinue the business.

(C) Each transient or itinerant photographer shall also deposit with the City Clerk a bond with surety to be approved by the Mayor, in the sum of $1,000 conditioned upon the faithful performance by the applicant of all contracts entered into with residents of the city for the taking, finishing and sale of photographs. (Ord. 618, passed 6-22-1948; Am. Ord. 623, passed 9-28-1948)

§ 115.38 FEES.

(A) The license fees for resident photographers shall be $50 per annum and an additional license fee of $5 per annum shall be charged on each solicitor or salesperson employed by the resident photographer.

(B) The license shall expire April 30 following the issuance thereof and shall not be transferable.

(C) The license fee for transient photographers shall be $50 for the first week and $25 for each week thereafter and an additional license fee of $5 per weak shall be charged for each solicitor or salesperson employed by the transient photographer.

(D) The license fee for itinerant photographers shall be $25 for the first day and $5 for each day thereafter and an additional license fee of $5 for each day shall be charged for each solicitor or salesperson employed by the itinerant photographer. (Ord. 618, passed 6-22-1948; Am. Ord. 623, passed 9-28-1948)

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§ 115.99 PENALTY.

(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.

(B) Any person, firm of corporation violating any of the provisions of § 115.25 shall be fined a sum not less than $10, nor more than $100 for each offense; and each day of operation by any party contrary to the provisions of this article shall be deemed a separate offense.

(C) Any person, firm or corporation violating any of the provisions of § 115.26 shall be fined not less than $10 nor more than $200 for each offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

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2003 S-1 CHAPTER 116: PARKING LOTS

Section

116.01 Definition 116.02 License required 116.03 Frontage consents 116.04 License fee; term 116.05 Application 116.06 Investigation and inspection 116.07 Denial or revocation of license 116.08 Conditions and standards 116.09 Prohibited activity 116.10 Filling stations in garages and parking lots

116.99 Penalty

§ 116.01 DEFINITION.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

GARAGE. Any building or premises used for the purpose of storing, housing or care of four or more automobiles, motor trucks, or any similar motor-driven vehicles, at a given rate of pay per day, hour, week or month, or any building or premises used for the business of repairing, painting, adjusting or remodeling, for pay of any such automobiles, motor trucks or any similar motor-driven vehicles.

PARKING LOT. Any open-air lot, premises or enclosure used for the purpose of storing four or more automobiles, trucks or any similar motor-driven vehicles at a given rate of pay per hour, day, week or month, or used for, the purpose of displaying such vehicles for sale. (Ord. 694, passed 5-17-1955; Am. Ord. 1612, passed 5-6-2003)

§ 116.02 LICENSE REQUIRED.

No person, firm or corporation shall manage, conduct or operate a garage or a parking lot within the city without first having obtained a license to do so. (Ord. 694, passed 5-17-1955; Am. Ord. 1612, passed 5-6-2003) Penalty, see § 116.99

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§ 116.03 FRONTAGE CONSENTS.

(A) (1) No person, firm or corporation shall construct, operate or maintain a parking lot in any block in the city where a majority of the houses abutting on both sides of the street in the block are used exclusively for residence purposes, or residence and retail store purposes, without having secured the written consent of the owners of a majority of the frontage abutting on the street on both sides within the block.

(2) For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

BLOCK. The portion of the street between the two intersections with other public streets nearest the specified location on each side.

(B) (1) If, on either or both sides of the location, there is no intersection within 300 feet of the specified location, the block shall be considered as terminating at a point 300 feet from the center.

(2) For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

STREET. Highways, as have been dedicated either by common law or by statutory dedication, as public streets and are actually in use as such and STREET shall not be construed to include merely service highways which are commonly known as alleys.

(3) Consents, once given and filed, shall not be withdrawn. Consents need not be renewed for the continuous conduct of the same business, whether by the same proprietor or not. It shall be unlawful to forge any name to a petition granting consents, or to falsely represent that the names thereon have been properly placed thereon if such is not the fact. These frontage consent requirements shall not be construed as amending or changing the building ordinances or any other ordinance relative to the conduct of a business. (Ord. 694, passed 5-17-1955) Penalty, see § 116.99

§ 116.04 LICENSE FEE; TERM.

(A) The annual license fee for a license to manage, conduct or operate a garage or parking lot shall be $25. The official licensing year shall begin on May l of each year and end on April 30 of the next succeeding calendar year. All licenses shall expire on April 30, in each calendar year.

(B) The license fee herein above provided for shall be reduced in proportion to the number of full calendar months which have expired in the official license year prior to the issuance of the license, provided that the full license fee shall be charged and paid for any license issued during the first three months of the license year.

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(C) No license issued hereunder shall be assignable or transferrable, nor so construed as to apply to any other location or premises than those described in the license, nor shall any person, firm or corporation be authorized to act or do business under the license other than the person, firm or corporation to whom it was granted. (Ord. 694, passed 5-17-1955; Am. Ord. 1612, passed 5-6-2003)

§ 116.05 APPLICATION.

(A) Any person, firm or corporation desiring a license under the provisions of this chapter shall make a written application therefor which shall contain all necessary information to insure compliance with the provisions of this chapter, including a description of the location, size, number of cars to be accommodated and a statement of any services other than parking, or of any commodities for sale, offered to patrons of the parking lots and file the same with the City Clerk.

(B) The frontage consents provided for in § 116.03 shall be attached to and included as part of the application.

(C) Upon the application being filed with the City Clerk, accompanied by the license fee herein provided for, the City Clerk shall forthwith transmit and forward the application to the Mayor. (Ord. 694, passed 5-17-1955)

§ 116.06 INVESTIGATION AND INSPECTION.

(A) (1) The Mayor, upon receipt of the application from the City Clerk, shall immediately cause an investigation to be made into the character of the applicant, and of the premises named and described in the application for the purpose of determining the fitness and suitability of the premises for the conduct of the business from a public health, public safety and fire protection standpoint.

(2) The Mayor may designate any officer or employee of the city to make investigation. The officer or employee making the investigation shall make a report to the Mayor within five days giving the result of the investigation, favorable or unfavorable. If the investigation discloses satisfactory evidence that the applicant or applicants or its chief officer, if the applicant is a corporation, is or are of good character, that the premises where the business is to be carried on are proper and suitable from a public health, public safety and fire protection standpoint, and that all the provisions of this chapter have been complied with, the Mayor shall endorse his or her approval thereon.

(3) The Mayor shall immediately notify the applicant of his or her approval and the application for a license hereunder, endorsed as approved by the Mayor, shall be, by him or her, returned to the office of the City Clerk. The City Clerk shall thereupon issue a license to the applicant for the purpose and time specified.

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(B) It shall be the duty of the Chief of Police to make regular inspections, or cause the same to be made, to ensure compliance with the provisions of this section, and of all ordinances of the city relative to fire protection and to public health and safety. He or she shall make immediate report of all violations thereof to the Mayor. (Ord. 694, passed 5-17-1955; Am. Ord. 1612, passed 5-6-2003) Penalty, see § 116.99

§ 116.07 DENIAL OR REVOCATION OF LICENSE.

(A) (1) Whenever any application for a license as provided for by this chapter is denied by the Mayor, or whenever the Mayor revokes any license previously granted, the applicant or licensee as the case may be, shall have the right to appeal to the City Council.

(2) The appeal may be taken by filing a notice in writing of the intention and desire so to appeal with the City Clerk within ten days of the time the application is refused or license revoked and notice of the action is given to the applicant or licensee.

(3) The notice of appeal shall operate to stay any revocation of license.

(4) It shall be the duty of the City Council to consider and determine the appeal at its next regular meeting after the same is filed and its action upon the appeal shall be final.

(B) (1) Any license granted under the provisions of this chapter may be revoked at any time, upon written notice by the Mayor or by the City Council, when it shall appear to his or their satisfaction that the licensee has failed to pay to the city any penalty, fine, debt or liability whatever or has failed to comply with the provisions of any ordinance of the city or the laws of the state, applicable to the person, business or place so licensed.

(2) The revocation may be in addition to any fine that may be imposed. (Ord. 694, passed 5-17-1955)

§ 116.08 CONDITIONS AND STANDARDS.

(A) (1) No parking lot shall be established or operated in any place where the establishment or operation would be in violation of any ordinance of the city. Not more than one car for each 200 square feet of area shall be accepted for parking in any such place.

(2) Each parking lot shall have sufficient entrances and exits to permit the entrance and egress of cars without obstruction to traffic.

(B) No driveway to a parking lot shall be constructed, excepting in full compliance with the ordinances relative to the issuance of permits for driveways, and it shall be the duty of the operator of

2003 S-1 Parking Lots 50M each parking lot to maintain the sidewalk and parkway over which the driveway passes in good condition.

(C) (1) It shall be unlawful to operate any parking lot unless there are available on the premises adequate fire extinguishers and personnel competent to use the same.

(2) There shall be maintained at each parking lot at least one hand chemical fire extinguisher having a capacity of one quart of liquid or 2½ pounds of carbon dioxide for each 15 cars for which accommodations are offered, which extinguishers shall always be maintained in good order and in accessible places.

(D) If any business other than that of operating a parking lot is conducted on the same premises with a parking lot, the business shall be conducted in full compliance with all ordinances pertinent thereto, and any license required for the operation of the business must be procured and the fee therefor required must be paid.

(E) (1) At the entrance of each parking lot, there shall be posed in words and figures large enough to be read by prospective patrons a statement of the rates to be charged and of the closing hours.

(2) There shall be at least one attendant on the premises at all times during which the parking lot is open for business.

(3) If a parking lot is maintained in connection with a licensed establishment serving food for consumption on the premises, and food or drinks are served to the occupants of cars, sufficient adequate containers must be maintained for all trash and refuse, and the premises must be kept thoroughly clean by the proprietor.

(4) It shall be unlawful to operate a parking lot unless the surface thereof is at all times kept clean and free from dust.

(F) No person, firm or corporation licensed under the provisions of this section shall permit any gasoline, benzine or other volatile oil to stand open and exposed in any garage; nor to keep the same except in air-tight containers: nor shall the floors or walls be permitted to become coated with grease and oil; nor shall rubbish be permitted to collect in any room or rooms used as a garage or adjacent thereto. Every garage and the entrances thereto must be kept in a reasonably clean and safe condition. All garages shall be sufficiently ventilated so as to permit a free circulation of air and the dissipation of all poisonous gases and fumes. (Ord. 694, passed 5-17-1955; Am. Ord. 1612, passed 5-6-2003) Penalty, see § 116.99

§ 116.09 PROHIBITED ACTIVITY.

(A) It shall be unlawful to serve intoxicating liquor for consumption in any car parked in a parking lot and it shall be unlawful for any person in a car parked in a parking lot to drink any intoxicating liquor while therein.

2003 S-1 50N Madison - Business Regulations

(B) (1) It shall be unlawful for any person, firm or corporation to park or store, in any parking lot, any automobile or motor truck or similar motor driven vehicles which is not in a condition ready for use, or to park or store any abandoned, junked or partially disabled motor vehicle, or to park or store any motor vehicle for the ultimate purpose of wrecking or junking the same in any lot.

(2) It shall be unlawful for any person, firm or corporation engaged in the business of repairing, painting, adjusting or remodeling for pay of automobiles, motor trucks or similar motor driven vehicles to use any parking lot as a place for the parking or storage of any vehicles received or in the possession of the person, firm or corporation, in connection with the business.

(3) It shall be unlawful for any person to use any parking lot or portion thereof as an automobile repair shop.

(C) (1) Any buildings constructed on a parking lot shall be constructed in full compliance with the ordinances pertaining thereto, and shall have exterior walls of non-flammable material.

(2) No licensee shall permit any gasoline, benzine or other volatile oil to stand open and exposed in any parking lot nor in any building thereon, nor to keep the same, except in airtight containers; nor shall rubbish be permitted to collect in any such building or at any place on the parking lot.

(D) It shall be unlawful for any licensee hereunder operating a garage, to permit smoking therein. (Ord. 694, passed 5-17-1955; Am. Ord. 1612, passed 5-6-2003) Penalty, see § 116.99

§ 116.10 FILLING STATIONS IN GARAGES AND PARKING LOTS.

(A) Every person, firm or corporation licensed to conduct a garage or parking lot shall have the privilege of conducting or carrying on the business of a filling station.

(B) For each additional tank over three, an additional license fee of $10 shall be paid without the necessity of obtaining additional licenses. (Ord. 694, passed 5-17-1955; Am. Ord. 1612, passed 5-6-2003) Cross-reference: Fuel Sales and Distribution; Filling Stations, see Ch. 121

§ 116.99 PENALTY.

(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.

2003 S-1 Parking Lots 50O

(B) Any person, firm or corporation violating any of the provisions of §§ 116.02, 116.06(B), 116.08(F), or 116.09(D) shall be fined not less than $5 nor more than $200 for each offense; and each day that any violation of this section shall occur shall constitute a separate and distinct offense. (Ord. 1612, passed 5-6-2003)

2003 S-1 50P Madison - Business Regulations CHAPTER 117: ADULT BUSINESSES

Section

Sexually-Oriented Businesses or Establishments

117.01 Purpose and intent 117.02 Definitions 117.03 Prohibited businesses 117.04 Prohibited conduct 117.05 Manner of dress 117.06 Compliance required 117.07 Suspension and revocation of license 117.08 Nuisance; injunction

Health Clubs

117.20 Designation 117.21 License required; fee 117.22 Application 117.23 Revocation of license 117.24 Indecent or immoral behavior prohibited 117.25 Sanitary requirements 117.26 Adequate plumbing and drainage facilities required 117.27 Certificate vouching for employees’ health 117.28 Inspection; right of entry

Massage Establishments

117.40 Definition 117.41 License required 117.42 License fee 117.43 Examination 117.44 Application 117.45 Open and public records

117.99 Penalty

51 52 Madison - Business Regulations

SEXUALLY-ORIENTED BUSINESSES OR ESTABLISHMENTS

§ 117.01 PURPOSE AND INTENT.

(A) It is declared to be the purpose and intent of this chapter to protect the public health, safety, welfare and morals of the community, to promote the stability of property values, and impose restrictions upon those activities which pander to gross sexuality in a manner that would detract from the neighborhood, adversely affect the property values, increase crime and violence and be repugnant to the morals of the community.

(B) In recognition of the protections afforded to the citizens under the First and Fourteenth Amendments, it is not the intent of this chapter to inhibit freedom of speech or the press, but rather to deter those of low morals from imposing their lack of morals upon the rest of the community; and further recognizing that those parts of a community, which become centers of loose moral conduct, frequently become places of rowdiness, criminality and indecent behavior.

(C) It is further the belief that just as advertising is designed to stimulate one’s appetite for desiring, goods or a service, an over-abundance of preoccupation with sexual displays or material arouses the appetites of those so preoccupied and encourages violations of the criminal statutes involving sexual offenses and is contrary to the health, safety and welfare of the community. (Ord. 1140, passed 2-21-1989)

§ 117.02 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AVAILABLE TO THE PUBLIC. The material or performance may be purchased or attended, with or without consideration.

CITY. The City of Madison, Madison County, Illinois.

DISSEMINATE. To transfer possession of, with or without consideration.

ESTABLISHMENT. Any business in the city that provides a service to patrons and needs a license for any purpose from the city and/or the state before it can or continue to operate.

EXPLICIT SEXUAL CONDUCT.

(1) Displaying human genitals in a state of sexual stimulation or arousal;

(2) Acts of human masturbation, sexual intercourse or sodomy; and Adult Businesses 53

(3) Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

KNOWINGLY. Being aware of the character and the content of the material or performance.

NUDITY. The showing of specified anatomical areas of the human male or female.

OBSCENE MATERIAL OR PERFORMANCE. Applying community standards, the material or performance is as follows:

(1) The predominant appeal of the material or performance taken as a whole is to prurient interest;

(2) The material or performance depicts or describes, in a patently offensive manner, sexual conduct regulated by the laws of the state or city; and

(3) Taken as a whole, the material or performance lacks serious literary, artistic, political or scientific value.

OPERATOR. The owner, operator or manager of any establishment and any person performing, with or without consideration, in the establishment.

PERFORMANCE. Any preview, play, show, skit, film, dance or other exhibition performed before an audience.

PERSON. Any individual, partnership, firm, association, corporation or other legal entity.

SERVICE TO PATRONS. The provision of services in establishments providing, with or without consideration, food and beverages, alcohol or non-alcohol, including, but not limited to hostessing, hat- checking, cooking, bartending, serving, table setting and clearing, waitering and waitressing and entertaining.

SPECIFIED ANATOMICAL AREAS.

(1) Less than completely and opaquely covered:

(a) Human genitals or pubic region;

(b) Buttock; and

(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. (Ord. 1140, passed 2-21-1989) 54 Madison - Business Regulations

§ 117.03 PROHIBITED BUSINESSES.

All establishments that feature or allow on their premises nudity by their operators, employees, dancers, strippers, patrons or similar type entertainment or activity; obscene material or performances; or explicit sexual conduct are specifically prohibited. (Ord. 1140, passed 2-21-1989) Penalty, see § 117.99

§ 117.04 PROHIBITED CONDUCT.

It is unlawful for any operator or employee of or any person in or upon the premises of any establishment to:

(A) Knowingly feature or permit dancer(s), operator(s), employee(s) or any other persons) to be engaged in nudity, obscene material(s) or performance(s) or explicit sexual conduct;

(B) Knowingly disseminate, distribute or make available any nudity, obscene material or performance or explicit sexual conduct;

(D) Knowingly act or provide any service or performance in a manner as to expose to public view:

(1) His or her specified anatomical areas;

(2) Any device, costume or covering which gives the appearance of or simulates the specified anatomical areas; or

(3) Any portion of the female breast at or below the areola thereof.

(E) Knowingly promote the commission of any of the above listed acts of prohibited conduct. (Ord. 1140, passed 2-21-1989) Penalty, see § 117.99

§ 117.05 MANNER OF DRESS.

Each operator and employee of and each person in or upon the premises of any establishment shall wear clothes of opaque material which shall cover that operator’s, employee’s or person’s specified anatomical areas. (Ord. 1140, passed 2-21-1989) Penalty, see § 117.99 Adult Businesses 55

§ 117.06 COMPLIANCE REQUIRED.

No operator, employee or person shall operate any establishment without complying with the terms of this chapter. (Ord. 1140, passed 2-21-1989) Penalty, see § 117.99

§ 117.07 SUSPENSION AND REVOCATION OF LICENSE.

In addition to other penalties and remedies provided by law, the license of any establishment may be revoked for violations of this chapter or for violation of other laws and ordinances. Any operator or person aggrieved by a suspension or revocation may appeal in the manner provided by state law and city ordinances for administrative appeals. (Ord. 1140, passed 2-21-1989)

§ 117.08 NUISANCE; INJUNCTION.

(A) Any violation of this chapter is hereby declared to be a nuisance.

(B) In addition to any other relief or penalty provided by this chapter, the City Attorney may apply to a court of competent jurisdiction for an injunction to prohibit the continuation of any violation of this chapter.

(C) The application for relief may include seeking a temporary restraining order, temporary injunction and permanent injunction. (Ord. 1140, passed 2-21-1989)

HEALTH CLUBS

§ 117.20 DESIGNATION.

Any establishment, place or stand, used for the purpose of physical fitness, body exercise, body conditioning, body toning, body development or massaging, where money is charged directly or indirectly for admission to or services rendered in the establishment, place or stand shall be deemed a health club for the purposes of this subchapter. (Ord. 875, passed 6-26-1973) 56 Madison - Business Regulations

§ 117.21 LICENSE REQUIRED; FEE.

No person, firm or corporation shall establish, maintain or operate any health club without first obtaining a license so to do. The annual license fee for any person, firm or corporation shall be $150. (Ord. 875, passed 6-26-1973)

§ 117.22 APPLICATION.

Any person, firm or corporation desiring to establish, maintain or operate a health club, as defined in this subchapter, shall make application in writing for a license to do so in accordance with the provisions of § 117.20. It shall thereupon become the duty of the city Health Officer to make or cause to be made an examination of the place described in the application for the purpose of ascertaining whether the lighting, ventilation, sanitary arrangement and equipment of the health club conforms to the requirements of all the applicable ordinances of the city. The city Health Officer shall endorse his or her approval on the application and deliver the same to the Mayor for his or her approval. (Ord. 875, passed 6-26-1973)

§ 117.23 REVOCATION OF LICENSE.

If at any time during the term for which a license is granted under the provisions of this subchapter, the city Health Officer shall certify to the Mayor that the provisions of this subchapter have not been or are not being complied with, or that the public health or the health of any person employed in the health club is endangered by its maintenance, the Mayor shall revoke the license thereof. (Ord. 875, passed 6-26-1973)

§ 117.24 INDECENT OR IMMORAL BEHAVIOR PROHIBITED.

It shall be unlawful to own, conduct, give, exhibit or perform any immoral, immodest or indecent massages, treatments or other exhibitions, shows or amusements under any license issued under the terms of this subchapter. (Ord. 875, passed 6-26-1973) Penalty, see § 117.99

§ 117.25 SANITARY REQUIREMENTS.

(A) Every place used as a health club shall be kept in a clean and sanitary condition as to its floors, side walls, ceilings, woodwork, fixtures, furniture, tools, machinery and utensils. All parts of the health club shall be adequately lighted at all times and shall be ventilated so as to insure a free circulation of fresh air at all times. Adult Businesses 57

(B) Every health club shall be kept clean at all times and free from rats, mice and vermin and from all matter of an infection or contagious nature. (Ord. 875, passed 6-26-1973)

§ 117.26 ADEQUATE PLUMBING AND DRAINAGE FACILITIES REQUIRED.

Every health club shall be provided with adequate plumbing and drainage facilities, including well ventilated water closets, shower rooms and locker rooms. (Ord. 875, passed 6-26-1973)

§ 117.27 CERTIFICATE VOUCHING FOR EMPLOYEES’ HEALTH.

(A) Each and every person before beginning his or her employment or job in the health club shall submit to the city Health Officer a certificate from a licensed physician in the state, that the person does not have consumption, scrofula or venereal diseases or any communicable or loathsome skin diseases.

(B) No owner, manager or person in charge of any health club shall knowingly permit such a person to be employed in the health club. (Ord. 875, passed 6-26-1973) Penalty, see § 117.99

§ 117.28 INSPECTION; RIGHT OF ENTRY.

The city Health Officer, any member of the Board of Health or any member of the Police Department shall have the right, at all times, to enter the health club in order to make an inspection and record of the condition of any health club as they may deem necessary, and if the inspection discloses a lack of conformity with the provisions of this subchapter, the city Health Officer shall require changes, alterations or renovations as may be necessary to make the health club comply with the provisions of this subchapter. (Ord. 875, passed 6-26-1973)

MASSAGE ESTABLISHMENTS

§ 117.40 DEFINITION.

For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning. 58 Madison - Business Regulations

MASSEUR and MASSEUSE. Any person who, for monetary or non-monetary consideration, engages in a method of treating the body for remedial, therapeutical or hygienic purposes by rubbing, stroking, kneading or tapping the human body or its parts with the hand or an instrument. The definition shall not extend to any physician, nurse, chiropractor or medical technician working under the supervision of a physician, nor shall it include any member of a hospital staff. (Ord. 888, passed 5-7-1974)

§ 117.41 LICENSE REQUIRED.

(A) No person, firm or corporation shall employ as a masseur or masseuse any person who has not been licensed to engage in the occupation, pursuant to the requirements of this subchapter.

(B) No person shall engage in the activity of a masseur or masseuse within the limits of the city unless the person has been licensed so to do or unless the person is exempted, as provided for under § 117.40. (Ord. 888, passed 5-7-1974) Penalty, see § 117.99

§ 117.42 LICENSE FEE.

In order for any person to be licensed as a masseur or masseuse, the person must pay an annual license fee of $75 and furnish proof that he or she has taken and satisfactorily passed a course of study, amounting to or being equivalent to 12 semester hours, in physiotherapy at an accredited junior college or its equivalent or that the person has satisfactorily passed the examination for license of masseur or masseuse given by the City Clerk. (Ord. 888, passed 5-7-1974)

§ 117.43 EXAMINATION.

(A) The City Clerk shall give an examination for license as masseur or masseuse, at the times as he or she may direct, provided that the examination shall be given at least two times in any calender year during the months of March and August, with 30-day notice before each examination being posted in the office of the City Clerk.

(B) Any person desiring to take the examination for the license as a masseur or masseuse shall:

(1) Make written application to the City Clerk for permission to take the examination for license as a masseur or masseuse no less than seven days prior to the date designated for the examination; and Adult Businesses 59

(2) Pay the examination fee of $50 to the Comptroller no less than seven days prior to the date designated for the examination. (Ord. 888, passed 5-7-1974)

§ 117.44 APPLICATION.

It shall be unlawful for any person to knowingly make any false statement in his or her application for a test for license or license as a masseur or masseuse as to the name, age, residential address, proposed employer and/or employer, education and misdemeanor and/or felony convictions. (Ord. 888, passed 5-7-1974) Penalty, see § 117.99

§ 117.45 OPEN AND PUBLIC RECORDS.

The City Clerk shall maintain open and public records containing the names and addresses of all masseurs and masseuses who have been licensed by the city and the employer of any person or persons who will be employed as masseurs or masseuses shall be deemed to have constructive knowledge of the contents thereof. (Ord. 888, passed 5-7-1974)

§ 117.99 PENALTY.

(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.

(B) (1) Any person, firm or corporation that shall hereafter establish, maintain or operate any health club, without first procuring a license so to do, shall be fined not less than $25, nor more than $750 for each offense. A separate offense shall be regarded as committed each day on which the person, firm or corporation shall maintain or operate any health club without a license as aforesaid.

(2) Any person, firm, corporation that violates or fails to comply with any other provision of §§ 117.20 through 117.28 shall be fined not less than $5, nor more than $750 for each offense. A separate offense shall be regarded as committed each day on which the person, firm or corporation shall continue any violation or failure.

(C) (1) Any person, firm or corporation that violates or fails to comply with any provision of §§ 117.40 through 117.45 shall be fined not less than $25, nor more than $750 for each offense.

(2) A separate offense shall be regarded as committed each day on which the person, firm or corporation shall continue any violation or failure. (Ord. 875, passed 6-26-1973; Am. Ord. 888, passed 5-7-1974) 60 Madison - Business Regulations CHAPTER 118: LAUNDRIES

Section

118.01 Definitions 118.02 Hours of operation 118.03 Equipment required 118.04 Dry cleaning

118.99 Penalty

§ 118.01 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AUTOMATIC COIN-OPERATED LAUNDRY. Any place, building, structure, room, establishment or any portion thereof which is used for the purpose of laundering, washing, drying or cleaning any clothing, wearing apparel, materials or fabrics, and shall include any place where any self- service machine is rented for compensation for the laundering, washing, drying and/or cleaning of any clothing, wearing apparel, materials or fabrics on a time or per load basis, within the city.

DRY CLEANING ESTABLISHMENT. Any place, building, structure, room, establishment or portion thereof, which is used for the purpose of dry cleaning of any clothing, wearing apparel, materials or fabrics, and shall include any place where any self-service machine is rented for compensation for the dry cleaning of any clothing, wearing apparel, materials or fabrics on a time or a per load basis, within the city. (Ord. 769, passed 5-12-1964)

§ 118.02 HOURS OF OPERATION.

It shall be unlawful to keep any such establishment open for business between the hours of 12 a.m. and 6 a.m. unless there is an adult attendant in charge of the premises during the hours. (Ord. 769, passed 5-12-1964) Penalty, see § 118.99

61 2003 S-1 62 Madison - Business Regulations

§ 118.03 EQUIPMENT REQUIRED.

At all times, there shall be at least two 15-pound CO2 fire extinguishers on the premises and to be tested annually and the certificate of inspection attached thereto. (Ord. 769, passed 5-12-1964) Penalty, see § 118.99

§ 118.04 DRY CLEANING.

(A) (1) It shall be unlawful for any person, firm or corporation to engage in or carry on within the city the business of dry cleaning or spotting, in which gasoline, naphtha, benzine or other volatile oils are used to clean or renovate any clothing or articles of wearing apparel or any fabric of any kind, without first obtaining a license, as hereinafter provided, for each dry, cleaning or spotting establishment proposed to be conducted by such person, firm or corporation.

(2) Every person, firm or corporation keeping or using more than two quarts of gasoline, naphtha, benzine or other volatile oils for the purposes above mentioned, for profit or reward, shall be held and is hereby declared and defined to be a dry cleaner.

(3) Every person, firm or corporation keeping or using two quarts or less of gasoline, naphtha, benzine or other volatile oils for the purposes above mentioned, for profit or reward, shall be held and is hereby declared and defined to be a spotter.

(B) Applications for such license shall be made in writing in accordance with the provisions of Chapter 110. A separate application shall be made for each dry cleaning or spotting establishment carried on or conducted by the applicant wherever located within the city.

(C) The annual license fee for any person, firm or corporation securing a license under this section shall be $25. No license granted under the provisions of this section shall be assigned or transmitted to any other person, firm or corporation nor shall any such license authorize any person, firm or corporation other than the licensee named therein to do business or to act under such license. Such license shall be posted in a conspicuous place in the room where the dry cleaning or spotting is done.

(D) No dry cleaning establishment shall be operated in any building which does not comply with the provisions of any of the ordinances of the city relating to the construction of buildings. Such establishments shall be kept as free as possible from flammable wastes, and it shall be unlawful to maintain or permit a stove or open flame by any kind on the premises; smoking in or on such premises is prohibited.

(E) It shall hereafter be unlawful to establish a dry cleaning establishment in any place where a majority of the buildings within a radius of 800 feet are used exclusively for residence purposes without first secured the written consent of the owners of a majority of the lots or parcels of ground within such radius.

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(F) The provisions of the code relative to the storage or handling of flammable liquids must be fully complied with in every dry cleaning establishment.

(G) It shall be the duty of the Chief of Police to see to the enforcement of the provisions of this section, by making an inspection of such premises at least once every three months, and if any of the provisions of this section or of any of the ordinances of the city are being violated it shall be the duty of the Chief of Police to order the licensee to immediately comply with the provisions of said ordinances, and upon a failure of the licensee to do so within 12 hours, the Chief of Police shall report the same to the Mayor, who shall immediately revoke the license granted under the provisions of this section. (Ord. 1612, passed 5-6-2003) Penalty, see § 118.99

§ 118.99 PENALTY.

(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.

(B) Any person, firm or corporation violating, failing or refusing to comply with any of the provisions of § 118.04 shall be subject to a penalty of not less than $25 nor more than $200 for each offense, and a separate and distinct offense shall be regarded as having been committed for each and every day on which any such person, firm or corporation shall violate, fail or refuse to comply with any of the provisions of this section. (Ord. 1612, passed 5-6-2003)

2003 S-1 64 Madison - Business Regulations

2003 S-1 CHAPTER 119: TOBACCO REGULATIONS

Section

119.01 Definitions 119.02 License required; fee; conditions 119.03 Number of tobacco vendors restricted 119.04 Prohibited sales 119.05 Warning signs 119.06 Identification required 119.07 Minimum age to purchase tobacco 119.08 Proximity of certain institutions 119.09 Samples and free distribution prohibited 119.10 Out-of-package sales 119.11 Vendor-assisted sales 119.12 Responsibility for agents and employees 119.13 Non-retaliation 119.14 Suspension and revocation of license 119.15 Inspections

119.99 Penalty

§ 119.01 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

COMPLIANCE CHECK.

(1) An inspection conducted with the intention of assessing retail sales of tobacco products to minors and enforcing age-of-sales laws.

(2) COMPLIANCE CHECKS are conducted by having designated persons under the age attempt to purchase tobacco products from vendors.

LICENSE. A license issued by the city for the retail sale of tobacco products.

LICENSEE. The holder of a valid license for the retail sale of tobacco products.

2003 S-1 65 66 Madison - Business Regulations

MINOR. Any person under the age of 18 years of age.

PUBLIC PLACE. An area to which the public is invited or in which the public is permitted, including but not limited to any right-of-way, mall or shopping center, park, playground and any other property owned by the city, any school district or any park district.

SELF-SERVICE DISPLAYS. Open displays of tobacco products and point-of-sale tobacco promotional products that the public has access to without intervention of a store employee.

TOBACCO PRODUCTS. Any substance containing tobacco leaf, including but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco products

VENDING MACHINE. Any mechanical, electric or electronic, self-service device, which, upon insertion of money, tokens or any form of payment, dispenses tobacco products. (Ord. 1564, passed 10-9-2001)

§ 119.02 LICENSE REQUIRED; FEE; CONDITIONS.

(A) No person, firm or corporation shall engage in the business of selling cigarettes, cigars or tobacco in any form in the city, without first having obtained a license so to do. Written application for that purpose shall be made in the manner provided in Chapter 110; provided, however, that nothing herein shall be held to authorize the sale or giving away of cigarettes containing opium, morphine, jimpson weed, belladonna, strychina, cocaine, marijuana or any other deleterious or poisonous drug or drugs; such license shall authorize the person or corporation therein named to expose for sale, give away, sell or offer for sale cigarettes, cigars or tobacco in any form at the place designated therein and there only.

(B) The fee for such license shall be $25 per annum.

(C) A tobacco retail license is non-transferable, except a new license will be issued to a tobacco retailer who changes location. (Ord. 1564, passed 10-9-2001; Am. Ord. 1612, passed 5-6-2003) Penalty, see § 119.99

§ 119.03 NUMBER OF TOBACCO VENDORS RESTRICTED.

(A) (1) There shall be no more than 30 licensed tobacco vendors in the city at any point in time.

(2) Licenses will be issued in the order that applications are received.

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(B) License will cease to be issued at the time that 30 licenses have been issued and will not be issued again until the number of licensed vendors is below 30 due to revocation of a vendor’s license or failure of a vendor to renew a license. (Ord. 1564, passed 10-9-2001)

§ 119.04 PROHIBITED SALES.

(A) It shall be unlawful for any person to sell, offer for sale, give away or deliver tobacco products to any person under the age of 18 years.

(B) No person or corporation shall expose for sale, sell or offer for sale or give, to any person or corporation, directly or indirectly, within the city, any cigarette or cigarettes containing opium, morphine, jimpson weed, belladonna, stychina, cocaine, marijuana, or any other deleterious or poisonous drug or drugs.

(C) No person or corporation shall sell or furnish any cigarettes, cigars or tobacco in any form to any minor under 16 years of age except upon the written order of a parent or guardian of such minor. (Ord. 1564, passed 10-9-2001; Am. Ord. 1612, passed 5-6-2003) Penalty, see § 119.99

§ 119.05 WARNING SIGNS.

(A) (1) Signs informing the public of the age-of-sale restriction shall be posted by every licensee at or near display of tobacco products and on or upon every vending machine, which offers tobacco products for sale.

(2) Each sign shall be plainly visible and shall state:

“THE SALE OF TOBACCO ACCESSORIES AND SMOKING HERBS TO PERSONS UNDER EIGHTEEN YEARS OF AGE OR THE MISREPRESENTATION OF AGE TO PROCURE SUCH A SALE IS PROHIBITED BY LAW.”

(3) The text of the signs must be in red letters on a white background and the letters must be at least ½ inch in height.

(B) (1) In addition, no person may sell or offer to sell cigarettes at retail, or sell cigarettes at retail using a cigarette vending machine, unless a sign is posted in a conspicuous place with the following message:

“SURGEON GENERAL’S WARNING: SMOKING BY PREGNANT WOMEN MAY RESULT IN FETAL INJURY, PREMATURE BIRTH, AND LOW BIRTH WEIGHT.”

2003 S-1 68 Madison - Business Regulations

(2) The sign shall be printed on white cards in red letters at least ½ inch in height. (Ord. 1564, passed 10-9-2001)

§ 119.06 IDENTIFICATION REQUIRED.

No licensee shall sell or permit to be sold cigarettes or other tobacco products to an individual appearing younger than the age of 27 without requesting and examining photographic identification establishing the purchaser’s age as 18 years of age or greater. (Ord. 1564, passed 10-9-2001) Penalty, see § 119.99

§ 119.07 MINIMUM AGE TO PURCHASE TOBACCO.

It shall be unlawful for any person under the age of 18 years to purchase tobacco products of the license to engage, employee or permit any person under 18 years of age to sell tobacco products on any vendor’s premises. (Ord. 1564, passed 10-9-2001) Penalty, see § 119.99

§ 119.08 PROXIMITY OF CERTAIN INSTITUTIONS.

It shall be unlawful for any person to sell, offer for sale, give-away or deliver tobacco products within 100 feet of any school, child care facility or other building used for educational or recreational purposes by persons under 18 years of age. (Ord. 1564, passed 10-9-2001) Penalty, see § 119.99

§ 119.09 SAMPLES AND FREE DISTRIBUTION PROHIBITED.

No person shall knowingly distribute or furnish without charge or at normal charge, or cause to be furnished without charge or at nominal charge, cigarettes or other tobacco products, or coupons for cigarettes or other tobacco products, in any store or public place or at any event open to the public. (Ord. 1564, passed 10-9-2001) Penalty, see § 119.99

§ 119.10 OUT-OF-PACKAGE SALES.

It is unlawful to sell cigarettes out of the manufacturer’s package with required health warnings. It is unlawful to sell cigarettes individually or in packages of fewer than 20 cigarettes per package. (Ord. 1564, passed 10-9-2001) Penalty, see § 119.99

2003 S-1 Tobacco Regulations 69

§ 119.11 VENDOR-ASSISTED SALES.

It shall be unlawful for any licensee, person, business or tobacco retailer to sell, permit to be sold, or offer for sale any tobacco product by means of self-service displays or any other means other than vendor-assisted sales. (Ord. 1564, passed 10-9-2001) Penalty, see § 119.99

§ 119.12 RESPONSIBILITY FOR AGENTS AND EMPLOYEES.

(A) Every act of omission of any nature constituting a violation of any provisions of this chapter by any officer, director, manager or other agent or employee of any licensee shall be deemed and held to be the act of the licensee.

(B) The licensee shall be punishable in the same manner as if the act or omission had been done or omitted by the licensee personally. (Ord. 1564, passed 10-9-2001)

§ 119.13 NON-RETALIATION.

No person or employer shall discharge, refuse to hire or in any manner retaliate against any employee, applicant for employment or customer because the employee, applicant or customer reported violations of any provisions of this chapter. (Ord. 1564, passed 10-9-2001) Penalty, see § 119.99

§ 119.14 SUSPENSION AND REVOCATION OF LICENSE.

(A) A license shall be suspended or revoked for any violation of this chapter after notice and opportunity to be heard as follows.

(1) In case of the first violation, the license shall be suspended for not less than 30 consecutive business days nor more than three months from the date of suspension.

(2) In the case of a second violation, the license shall be suspended for not less than six months nor more than 12 months from the date of suspension.

(3) In the case of a third violation, the license shall be revoked. All tobacco merchandise shall be removed from all areas accessible to the public.

(B) The Mayor shall initiate enforcement against license holders who violate any provision of this chapter and shall conduct hearings upon the license-holder’s request. The Mayor and the Police Department shall have the authority to enforce this chapter.

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(C) (1) Any vendor found to have violated any of the provisions of this chapter shall pay to the city costs of the hearing on the violation.

(2) Costs may include, but not be limited to court reporter’s fees, the cost of preparing and mailing notices and orders and all other miscellaneous expenses incurred by the city or a lesser sum as the Mayor may allow.

(D) (1) The vendor shall pay the costs to the city within 30 days of notification of the costs.

(2) Failure to pay the costs within 30 days of notification is a violation of this chapter and may cause the levy of an additional fine. (Ord. 1636, passed 4-20-2004)

§ 119.15 INSPECTIONS.

It shall be the duty of the City Health Officer and he or she is hereby authorized and empowered from time to time to inspect and examine all places where cigarettes, cigars or tobacco in any form are licensed to be sold within the city with a view of ascertaining whether the laws of the state and the ordinances of the city in relation to cigarettes, cigars or tobacco in any form, are being complied with at such places, amid it shall be his or her duty to cause all such laws and ordinances to be vigorously enforced. (Ord. 1612, passed 5-6-2003)

§ 119.99 PENALTY.

(A) Any person, firm, association, partnership or corporation who violates any provision of this chapter shall be fined for the first offense not more than $200, not more than $400 for the second offense in a 12-month period, and not more than $600 for the third or any subsequent offense in a 12-month period.

(B) (1) Any person or corporation violating any of the provisions of § 119.04(B) shall be fined not less than $25 and not more than $100.

(2) Any person or corporation violating any of the provisions of § 119.04(C) shall be fined not less than $10 nor more than $100 for each offense.

(C) Any person who shall hereafter keep for sale, or who shall sell, or offer to sell any cigarettes, cigars or tobacco in any form, at any place within the city, without first having procured a license as

2004 S-2 Tobacco Regulations 71 above provided, shall be fined not less than $25 and not exceeding $200 for the first offense, and a further penalty of $25 for each day such person persists in such violation after a conviction for the first offense. (Ord. 1612, passed 5-6-2003; Am. Ord. 1634, passed 4-20-2004)

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2003 S-1 CHAPTER 120: JUNK AND SECOND-HAND DEALERS

Section

General Provisions

120.01 License required 120.02 Consent to property owners 120.03 License fee; term 120.04 Application 120.05 Investigation; approval; bond 120.06 Denial of application 120.07 Revocation of license 120.08 Inspection 120.09 Breaking up of certain equipment prohibited 120.10 Purchase from intoxicated persons 120.11 Lost and stolen articles

Specific Business License Provisions

120.20 Pawnbrokers 120.21 Scavengers

120.99 Penalty

GENERAL PROVISIONS

§ 120.01 LICENSE REQUIRED.

(A) No person, firm or corporation shall engage in, operate, maintain or carry on the business of a junk dealer, within the limits of the city, or keep, operate or maintain therein any store, shop or yard, for the purchase, sale, barter and exchanges dealing in, or storage of junk, rags, scrap metal, bottles and any second-hand article whatever, without first having obtained a license so to do.

(B) Any person, firm or corporation which operates and maintains a business of purchasing, trading, dealing in or storing of motor vehicles for the ultimate purpose of wrecking or junking the

2003 S-1 73 74 Madison - Business Regulations same, or of selling, trading or dealing in parts of the motor vehicles, shall be included and classed as a junk dealer under the provisions of this chapter. (Ord. 693, passed 5-3-1955)

§ 120.02 CONSENT OF PROPERTY OWNERS.

It shall be and is hereby made unlawful for any person, firm or corporation to locate, build, construct, keep, conduct, operate or maintain a junk yard or junk store, either wholesale or retail, in the city, within 300 feet of any church, hospital, public or parochial school, or the ground thereof; nor shall either a junk yard or junk shop be built, constructed, kept, conducted, operated or maintained on any site where two-thirds of the buildings within a radius of 300 feet of the proposed site are used exclusively for residence and retail store purposes or used exclusively for residence purposes, without the written consent of the majority of the property owners according to the frontage within a radius of 300 feet of the proposed site of the junk shop or junk yard, and obtaining a license from the city therefor. No license shall be issued unless the petition shall have the signature of owners of the 150 feet of property immediately adjacent to the site on all sides. (Ord. 693, passed 5-3-1955) Penalty, see § 120.99

§ 120.03 LICENSE FEE; TERM.

(A) The annual license fee for a license under the provisions of this chapter shall be $150 and it shall be paid at the time of the filing of the application for a license. The official licensing year shall begin on May 1 of each year and end on April 30 of the next succeeding calendar year. All licenses shall expire on April 30, in each calendar year.

§ 120.04 APPLICATION.

(A) Any person, firm or corporation desiring a license under the provisions of this chapter shall make a written application therefor and file the same with the City Clerk, specifying the particular place

2003 S-1 Junk and Second-Hand Dealers 75 where the junk yard, junk store or junk shop is to be located; a statement to the effect that the proposed site for the junk yard, junk store or junk shop does not conflict with the provisions of § 120.02 and that all of the provisions of § 120.02 have been complied with.

(B) The written consent of the property owners provided for in § 120.02 shall be attached to aid included as part of the application.

§ 120.05 INVESTIGATION; APPROVAL; BOND.

(A) The Mayor, upon receipt of such application from the City Clerk, shall immediately cause an investigation to be made into the character of the applicant and of the premises named and described in the application for the purpose of determining the fitness and suitability of the premises for the conduct of the business from a public health and public safety standpoint.

(B) The Mayor may designate any officer or employee of the city to make the investigation. The officer or employee making investigation shall make a report to the Mayor within five days giving the result of the investigation, favorable or unfavorable. If the investigation discloses by satisfactory evidence that the applicant or applicants or its chief officer, if the applicant is a corporation, is or are of good character, that the premises where the business is to be carried on are proper and suitable from a public health and safety standpoint, and that all the provisions of this chapter have been complied with, the Mayor shall endorse his or her approval thereon.

(C) (1) The Mayor shall immediately notify the applicant of his or her approval. The applicant shall thereupon, within ten days, execute a bond with at least two good and sufficient sureties, or by a recognized and qualified bonding company, to the city, in the sum of $2,000, conditioned upon the faithful observance of all of the ordinances of the city, now or hereafter enacted during the continuance of the license, and any person aggrieved by the acts of any licensee hereunder may sue upon the bond and recover the damages as he or she shows himself or herself entitled to.

(2) If the bond furnished by applicant and the sureties thereon is good and sufficient and in proper legal form the Mayor shall approve the same, and the bond, when so approved, together with the application for a license hereunder endorsed as approved by the Mayor shall be, by him or her, returned to the office of the City Clerk.

(D) The City Clerk shall thereupon issue a license to the applicant for the purpose and time specified. (Ord. 693, passed 5-3-1955)

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§ 120.06 DENIAL OF APPLICATION.

(A) Whenever any application for a license, as provided for by this chapter, is denied by the Mayor, or whenever the Mayor revokes any license previously granted, the applicant or licensee as the case may be, shall have the right to appeal to the City Council.

(B) (1) The appeal may be taken by filing a notice in writing of the intention and desire so to appeal with the City Clerk within ten days of the time the application is refused or license revoked and notice of the action is given to the applicant or licensee.

(2) The notice of appeal shall operate to stay any revocation of license.

(C) It shall be the duty of the City Council to consider and determine the appeal at its next regular meeting after the same is filed, and its action upon the appeal shall be final. (Ord. 693, passed 5-3-1955)

§ 120.07 REVOCATION OF LICENSE.

(A) Any license granted under the provisions of this chapter may be revoked at any time, upon written notice by the Mayor or by the City Council, when it shall appear to his or their satisfaction that the licensee has failed to pay to the city any penalty, fine, debt or liability whatever or has failed to comply with the provisions of any ordinance of the city or the laws of the state, applicable to the person, business or place so licensed.

(B) The revocation may be in addition to any fine that may be imposed. (Ord. 693, passed 5-3-1955)

§ 120.08 INSPECTION.

(A) It shall be the duty of the Chief of Police to see to the enforcement of the provisions of this chapter, by making an inspection of the premises at least once every month, and if any of the provisions of this chapter or of any of the ordinances of the city are being violated, it shall be the duty of the Chief of Police to order the licensee to immediately comply with the provisions of the ordinances, and upon a failure of the licensee to do so within 12 hours, the Chief of Police shall report the same to the Mayor for further action.

(B) It shall be the duty of the licensee or the person in charge of the premises to be inspected to admit thereto for the purpose of making the inspection the Chief of Police or his or her representative, at any reasonable time that admission is requested. (Ord. 693, passed 5-3-1955)

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§ 120.09 BREAKING UP OF CERTAIN EQUIPMENT PROHIBITED.

It shall be unlawful for any licensee under the provisions of this chapter to break up old boilers, motor vehicles, iron or other junk, by means of hammers, sledges or other mechanical devices, in a manner as to disturb the peace and quietude of the residents in the immediate vicinity of any junk shop or junk yard, or to burn waste materials, or to do any other act or acts that may disturb the peace and quietude of the residents or be detrimental to their health or safety; nor shall any licensee place or store any article whatsoever upon the sidewalks, parkways or streets of the city, or upon the property of another, nor shall the licensee conduct the place of business in a manner that the premises, or the sidewalks in front thereof, are put, kept or permitted to remain in an unsanitary or unsafe conditions. (Ord. 693, passed 5-3-1955) Penalty, see § 120.99

§ 120.10 PURCHASE FROM INTOXICATED PERSONS.

It shall be unlawful for any person, firm or corporation licensed under the provisions of this chapter to buy, barter or otherwise obtain any article from any person who is intoxicated, or from any minor, without the written consent of his or her parents or custodians. (Ord. 693, passed 5-3-1955) Penalty, see § 120.99

§ 120.11 LOST AND STOLEN ARTICLES.

Every licensee, under the provisions of this chapter, who shall receive or be in possession of any goods, article or thing of value which may have been lost or stolen shall upon demand produce the article or thing to any member of the Police Department asking to examine the same. (Ord. 693, passed 5-3-1955)

SPECIFIC BUSINESS LICENSE PROVISIONS

§ 120.20 PAWNBROKERS.

(A) The Mayor may, from time to time, grant licenses to persons to exercise or carry on the business of pawnbrokers within the city; and no person shall exercise or carry on such business within the city without being duly licensed as aforesaid.

(B) Any person who loans money on deposit or pledge personal property, bonds, notes, or other valuable things, or securities, or who deals in the purchasing of personal property or chooses in action on condition of selling the same back again at a stipulated price, is hereby defined and declared to be a pawnbroker.

2003 S-1 76B Madison - Business Regulations

(C) Every pawnbroker shall keep a book in which shall be written in ink at the time of each and every loan or taking of a pledge an accurate account and description, in the English language, of all the goods, articles and other things pawned or pledged, the amount of money, value or thing loaned thereon, the time of pledging the same, the rate of interest to be paid on such loan, and the name and residence of the person making such pawn or pledge. No entry in such book shall be erased, mutilated or changed. The said book, as well as every article or thing of value pawned or pledged, shall, at all reasonable times, be open to the inspection of the Mayor or any member of the police force authorized by the Mayor to inspect the same.

(D) No person licensed under this section shall take or receive in pawn or purchase any article, property or effects from any minor, or claimed by any minor.

(E) Every pawnbroker and landbroker or keeper of a loan office, shall at the time of each loan, deliver to the person pawning or pledging any goods, articles or thing, a memorandum or note signed by him or her containing the substance of the entry required to be made in his or her book by the last preceding section; and no charge shall be made or received by any pawnbroker or loanbroker or keeper of a loan office for any such entry, memorandum or note.

(F) No person licensed under the provisions of this section shall take any article in pawn from any person appearing to be intoxicated, nor from any person known to be a notorious thief or to have been convicted of larceny or burglary.

(G) The annual license fee for a license under the provisions of this section shall be $25. (Ord. 1612, passed 5-6-2003)

§ 120.21 SCAVENGERS.

(A) It shall be unlawful for any person, firm or corporation to engage in the business of scavenger, or collecting or removing of garbage or offal or other filthy, noxious or unwholesome matter without first having secured a license so to do. Applications for such licenses and the issuance thereof, shall comply with the provisions of Ch. 110.

(B) No license shall be issued to any person who is not a person of good character, nor to any company whose officers are not persons of good character. The City Health Officer shall inspect or cause to be inspected all vehicles intended to be used by the applicant and shall not issue a license unless these vehicles comply with the ordinances of the city.

(D) All vehicles used for such purposes shall be kept in a clean and sanitary condition. The licensee shall carefully observe all the ordinances of the city relating to health and nuisances and shall so remove and dispose of garbage or other filthy, noxious, or unwholesome matter as not to annoy or be

2003 S-1 Junk and Second-Hand Dealers 76C offensive or obnoxious to persons, or dangerous, deleterious or prejudicial to health. In removing, transporting and disposing of such material or substances, the same shall be done in such a manner that no part thereof will drop, fall, drip or remain on any premises, street, alley, public ground or place, and the same shall be transported in liquid tight carts, wagons or other vehicles and shall be so effectually closed as to confine the odors and smells arising therefrom within said receptacle. (Ord. 1612, passed 5-6-2003)

§ 120.99 PENALTY.

(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.

(B) Any person, firm or corporation violating any of the provisions of §§ 120.20 or 120.21 shall be subject to a fine of not less than $5 nor more than $200 for each offense.

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2003 S-1 CHAPTER 121: FUEL SALES AND DISTRIBUTION

Section

Coal

121.01 License required 121.02 Definitions; interpretation 121.03 License fee 121.04 Scales of licensee

Filling Stations

121.15 Definitions 121.16 Filling stations; licensing

121.99 Penalty Cross-reference: Coal Yards, see § 127.03 Filling Stations in garages and parking lots, see § 116.10

COAL

§ 121.01 LICENSE REQUIRED.

No person, firm, association or corporation shall engage in the retail sale, delivery or distribution of coal, briquets or coke for fuel purposes within the limits of the city, either as a dealer or distributor, without first obtaining a license from the city so to do or without complying with the provisions of this chapter. (Ord. 441, passed 10-11-1932) Penalty, see § 10.99

§ 121.02 DEFINITIONS; INTERPRETATION.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

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RETAIL FUEL DEALER.

(1) Any person, firm, association or corporation selling coal, briquets or coke in any quantity, direct to consumers, except where sold in carload lots direct to consumer.

(2) This definition shall be deemed to include every person, firm, association or corporation purchasing fuel in carload lots and reselling the fuel to consumers, whether the resale be made from the car or elsewhere.

RETAIL FUEL DISTRIBUTOR. Every person, firm, association or corporation, draying, trucking, hauling or otherwise delivering or distributing fuel for fuel purposes from any source or supply, except that of a licensed fuel dealer, and except such fuel as may be hauled for the personal consumption of the person hauling. (Ord. 441, passed 10-11-1932)

§ 121.03 LICENSE FEE.

Each dealer or distributor selling or delivering fuel to consumers within the limits of the city shall fist obtain a license from the city so to do, which shall be obtained by paying to the of the city a yearly license fee of $200, but which may be paid annually or semi-annually, at the option of the retail distributor, and application made to the city for the issuing of the license under the provisions of the general ordinances of the city providing for the issuing of licenses. The fee is expressly declared to be for the purpose of defraying the cost of inspecting, emblems, issuance of licenses and enforcement of the law pertaining to the licenses. (Ord. 441, passed 10-11-1932)

§ 121.04 SCALES OF LICENSEE.

The scales of licensees and the fuel handled by each licensee operating under the provisions of this chapter shall, at all reasonable times, be subject to the inspection of the inspector of weights and measures or by an inspector of the quality of the fuel handled by a licensee. (Ord. 441, passed 10-11-1932)

FILLING STATIONS

§ 121.15 DEFINITIONS.

For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

2003 S-1 Fuel Sales and Distribution 76G

FILLING STATION. Any building, structure, premises, enclosure or other place within the city where a container or containers, tank or tanks, either portable or stationary, and containing ether, carbon bisulphate, gasoline, naphtha, benzol, hydro-carbon (gas drips), liquefied petroleum gas, acetone, kerosene, turpentine, or other inflammable liquids having a flash point below 187EF, are kept or located for the purpose of selling, offering for sale, or distributing any such liquids from such containing tank or tanks; provided, however, that the provisions of this section shall not apply to any place where such inflammable liquids are kept or sold for medicinal purposes only.

§ 121.16 FILLING STATIONS.

(A) No person, firm or corporation shall manage, conduct, operate or carry on the business of a filling station without first having obtained a license therefor, as hereinafter provided.

(B) The application for such license for the business of managing, conducting, operating or carrying on a filling station shall conform to the general provisions of this section relating to applications for licenses, and shall specify the location of the building, structure, premises, enclosure, or other place in which it is proposed to keep such filling station, and the capacity or capacities in gallons of the container or containers, tank or tanks.

(C) All filling stations shall be conducted and maintained in accordance with the provisions of the ordinances of the city with regard to fire prevention, and storage of inflammable liquids, and shall be inspected by the Chief of Police, or by his or her duly authorized representative at least once every three months.

(D) No license granted under the provisions of this section shall be assigned or transferred to any other person, firm or corporation, nor shall any such license authorize any person, firm or corporation other than the licensee named therein to do business or act under such license.

(E) It shall be unlawful for any person, firm or corporation to permit smoking in any filling station.

(F) The annual license fee for each filling station shall be as follows: for any station having three tanks or less $25; for each additional tank over three, $10. (Ord. 1612, passed 5-6-2003)

§ 121.99 PENALTY.

Any person, firm or corporation violating any of the provisions of this section shall be fined not less than $5 nor more than $200 for each offense; and each day that any violation of this section shall occur shall constitute a separate and distinct offense. (Ord. 1612, passed 5-6-2003)

2003 S-1 76H Madison - Business Regulations CHAPTER 122: AMUSEMENTS

Section

General Provisions

122.001 General amusements; performances and the like 122.002 Billiard and pool tables, bowling alleys and shooting galleries 122.003 Clairvoyants, palmists and fortune tellers 122.004 Public dance halls and public dances

Raffles

122.015 Definitions 122.016 Licensing 122.017 Application 122.018 Limitations 122.019 Conduct of raffles 122.020 Raffle Manager; bond 122.021 Records 122.022 Ineligibility 122.023 Fee

Coin-Operated Devices

122.035 License required 122.036 Annual license fee 122.037 Permit fee 122.038 Application; investigation 122.039 List of all vending machines 122.040 Unlawful sale of food and drink 122.041 Violation; procedure

Mechanical Music Devices

122.055 Definitions 122.056 License required 122.057 Application; fee 122.058 Description of machines 122.059 License not transferable 122.060 Location requirements

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122.061 Gambling prohibited 122.062 Inspection

Gaming Terminals

122.075 Definitions 122.076 Violations 122.077 Licenses 122.078 Location restrictions 122.079 Funds 122.080 Push Tax

122.999 Penalty

GENERAL PROVISIONS

§ 122.001 GENERAL AMUSEMENTS; PERFORMANCES AND THE LIKE.

(A) No person, firm or corporation shall give, conduct, manage, produce, present, exhibit or offer for gain or profit, where money is charged directly or indirectly for admission to see, hear or operate the same, any theatrical, dramatic, operatic or variety performance, circus, carnival, menagerie, show or other amusement, moving picture show or other exhibition, or any concert or other musical or minstrel entertainment, lecture, scientific demonstration, performance of any feats of jugglery, sleight of hand, tricks of Legerdemain or tricks of any kind, or any exhibition of natural or artificial curiosities or any panorama show or device, tests of strength of persons, physical endurance contents, wrestling and boxing or pugilistic contacts, or conduct a skating rink, within the city, without first having obtained a license so to do. The provisions of this section shall not apply to any public entertainment given by persons not engaged in the giving of the entertainments as a business, nor for personal gain, the proceeds of which are for the benefit of any religious, charitable, benevolent or educational institution located in the city.

(B) It shall be unlawful to hold, conduct, give, exhibit or perform any immoral, immodest or indecent theatrical or other exhibition, show or amusement under any license issued under the term of this section. It shall be the duty of every person, firm or corporation licensed hereunder to keep and preserve or cause to be kept and preserved, good order and conduct in and about the place for which a license is granted.

(C) In order that the fee to be paid for any license may be fixed in a just and equitable manner, all theatricals, exhibitions, shows or amusements herein above mentioned are divided into classes as set by the city.

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(D) The owner of any moving picture theater may take out a license for the period of a year and persons obtaining a license under this section shall be exempt from the payment of the license fee provided for by the city.

(E) No gaming, raffle, lottery or chance gift and distribution of money or articles of value shall be connected with or be allowed by any person obtaining a license under the provisions of this section or in any way permitted or held out as an indictment to visitors.

(F) It shall be the duty of the owner, licensee, manager or person in charge or control of any hall, place, theater or skating rink, wherein an amusement is being conducted, at all times during any performance, entertainment or exhibition, to keep all aisles and passageways free and unobstructed and to have all doors leading to or from the same hung so as to open out therefrom. It shall be the duty of all members of the Police Department to see that the provisions of this section are strictly enforced and, in case of violation thereof, forthwith to clear obstructed aisles or passageways or lobbies and to arrest the offender and offenders. (Ord. 562, passed - -) Penalty, see § 122.999

§ 122.002 BILLIARD AND POOL TABLES, BOWLING ALLEYS AND SHOOTING GALLERIES.

(A) No person, firm or corporation shall, within the city, keep for public use or let for hire, gain or profit, any pin ball alley, bowling alley, shooting gallery, any billiard table pool table, pigeon-hole table, bagatelle table, or any other tables or implements kept for a similar purpose in any place or public resort, without first having obtained a license so to do.

(B) No such alley, gallery or table shall be used by or let or hired to any minor, nor any minor allowed to frequent the premises where the same is kept, without the consent of his or her parent or guardian, nor by any intoxicated person, nor any such person allowed to frequent or remain in said premises nor any gambling allowed in or upon said premises, and said premises shall at all times be kept in an orderly and well-governed condition.

(C) Any member of the Police Department or the Mayor shall have free access to all parts of any premises used for a pool or billiard room at all reasonable hours for the purpose of making inspections to see to the enforcement of the provisions of this section.

(D) A license for any of the purposes named in division (A) hereof may be granted upon the payment by the applicant of the following annual license fee: for each billiard table or pool table, $10; for each bagatelle table, pigeon-hole table or other like table, $5 for each pin ball or bowling alley, the sum of $10 per year and the additional sum of $5 for each alley in excess of two; for each shooting gallery and all other games not otherwise enumerated herein, in the sum of $25. (Ord. 1612, passed 5-6-2003) Penalty, see § 122.999

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§ 122.003 CLAIRVOYANTS, PALMISTS AND FORTUNE TELLERS.

(A) No person or persons in this city shall conduct, manage or pursue the avocation or business of clairvoyant, astrologist, palmist, fortune teller, medium, or any like avocation, or pursue for gain, or advertise the same in any manner; whether by signs, in print, or otherwise, without first having obtained a license therefor.

(B) Such license may be issued by the Mayor, upon payment of a license fee of $2 per day; or $50 per month, provided that no license shall be issued for a term less than ten days.

(C) The Mayor may refuse to grant any such license or revoke the same when granted, when he or she is satisfied that such avocation is conducted for immoral or improper purposes or in an immoral, illegal or improper manner. (Ord. 1612, passed 5-6-2003) Penalty, see § 122.999

§ 122.004 PUBLIC DANCE HALLS AND PUBLIC DANCES.

(A) It shall be unlawful to hold or conduct any public dance or to hold or conduct classes in dancing, or to give instructions in dancing for hire, in any hall within the limits of the city until the hall or place in which the same may be held shall first have been duly licensed as a public dance hall. The annual license fee payable for each license granted hereunder shall be $25.

(B) No license for a public dance hall shall be issued until it shall be found that the place for which it is issued complies with and conforms to all laws, ordinances, health and fire regulations applicable, thereto, and is properly ventilated and supplied with separate and sufficient toilet conveniences for each sex, and is a safe and proper place for the purpose for which it shall be used. Every person to whom a dance hall license is issued shall post the same in a conspicuous place in the dance hall governed by such license.

(C) It shall be unlawful for any person to whom a dance hall license is issued, or for any person conducting a public dance hall or dancing class under license from the city, to allow or permit in any dance hall any indecent act to be committed or any disorder or conduct of a gross, violent or vulgar character. Any member of the Police Department or other properly constituted city authority shall be permitted to have access to all public dances and public dance halls at all times and shall have the power and it shall be the duty of each of them to cause any dance hall to be vacated whenever any provision of this section or of any ordinance, rule or regulation concerning dance halls has been or is being violated, or wherein any ordinance, regulation or law of any character shall be violated, or whenever any indecent act shall be committed or when any disorder or conduct of a gross, violent, or vulgar character shall take place therein.

(D) Nothing contained in this section shall be construed to include any dance, entertainment, carnival or exhibition given under the auspices of any church, lodge, fraternal order, or to any dance, entertainment, carnival or exhibition the proceeds of which are donated to charity. (Ord. 1612, passed 5-6-2003) Penalty, see § 122.999

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RAFFLES

§ 122.015 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ENABLING ACT. Illinois Public Act Number 81-1365 entitled, “An Act to Provide for Licensing and Regulating Certain Games of Chance and Amending Certain Acts Herein Named, as currently set forth in ILCS Ch. 720, Act 5, §§ 28-1 et seq.”

NET PROCEEDS. The gross receipts from the conduct of raffles, less reasonable sums expended for prizes, license fees as provided herein and other reasonable operating expenses incurred as a result of operating a raffle.

RAFFLE. A form of lottery, as defined in ILCS Ch. 720, Act 5, § 28-2, conducted by an organization licensed under the terms of this subchapter, in which:

(1) The player pays or agrees to pay something of value for a chance, represented and differentiated by a number or by a combination of numbers or by some other medium, one or more of which chances is to be designated the winning chance; or

(2) The winning chance is to be determined through a drawing or by some other method based on element of chance by an act or set of acts on the part of persons conducting or connected with the lottery, except that the winning chance shall not be determined by the outcome of a publicly exhibited sporting contest. (Ord. 1114, passed 6-16-1987)

§ 122.016 LICENSING.

(A) (1) No person, firm or corporation shall conduct raffles or chances within the city, without first having obtained a license therefor as provided in this subchapter.

(2) A license hereunder may be issued only to bona fide religious, charitable, labor, fraternal, educational or veterans organizations that operate without profit to their members and which have been in existence continuously for a period of five years immediately before making application for a license and which have had during that entire five-year period a bona fide membership engaged in carrying out their objects.

(B) For purposes of this subchapter, the following terms, “non-profit,” “charitable,” “educational,” “religious,” “fraternal,” “veterans” and “labor,” all referring to organizations and/or institutions

2019 S-12 82 Madison - Business Regulations established for such purposes, shall have the same meanings as are given to the terms, pursuant to Section 2(b) of the Enabling Act. (Ord. 1114, passed 6-16-1987)

§ 122.017 APPLICATION.

(A) Any firm, person or organization applying for a raffle license pursuant to the provisions of this subchapter shall file a written application therefor in the office of the City Clerk. The application shall be in writing and shall contain the following information:

(1) The area or areas within the city in which raffle chances will be sold or issued;

(2) The time period during which raffle chances will be sold or issued;

(3) The time of determination of winning chances;

(4) The location or locations at which winning chances will be determined; and

(5) A sworn statement attesting to the not-for-profit character of the prospective licensee organization signed by the presiding officer and the secretary of that organization.

(B) Any application for a raffle license, filed pursuant hereto, shall be acted upon by the city within 30 days from the date on which it is filed. (Ord. 1114, passed 6-16-1987)

§ 122.018 LIMITATIONS.

The following limitations shall apply as to prizes, merchandise and chances in connection with any raffle conducted within the city.

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(A) The aggregate retail value of all prizes or merchandise awarded by a licensee in connection with a single raffle shall not exceed $25,000.

(B) The maximum retail value of each prize awarded by a licensee in a single raffle shall not exceed $25,000.

(D) The maximum number of days during which chances may be issued or sold shall not exceed 365 days. (Ord. 1114, passed 6-16-1987)

§ 122.019 CONDUCT OF RAFFLES.

The following limitations shall apply in respect to the conduct of raffles within the city.

(A) The entire net proceeds of any raffle must be exclusively devoted to the lawful purposes of the organization permitted to conduct that game.

(B) No person, except a bona fide member of the sponsoring organization, may participate in the management or operation of the raffle.

(D) A licensee may rent a premises on which to determine the winning chance or chances in a raffle only from an organization which is also licensed under this subchapter.

(E) Raffle chances may be sold or issued only within the area specified on the license and winning chances may be determined only at those locations specified on the license.

(F) No person under the age of 18 years may participate in the conducting of raffles or chances. A person under the age of 18 years may be within the area where winning chances are being determined only when accompanied by his or her parent or guardian.

(G) Any license issued pursuant to this subchapter shall be valid for only one raffle and the same may be suspended or revoked for any violation of the terms of this subchapter or the Enabling Act. (Ord. 1114, passed 6-16-1987) Penalty, see § 122.999

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§ 122.020 RAFFLE MANAGER; BOND.

(A) All operation of and the conduct of raffles within the city shall be under the supervision of a single raffles manager designated by the organization. The manager shall give a fidelity bond in the sum as set by Council in favor of the organization conditioned upon the honesty of the manager in the performance of his or her duties.

(B) The terms of the bond shall provide that notice shall be given in writing to the city by filing the same with the office of the City Clerk not less than 30 days prior to the cancellation of the bond. The City Council may waive this bond requirement by the affirmative vote of two-thirds of the members of the Council and provided further that a waiver provision as to the bond shall be contained in the license issued to the applicant organization, pursuant to this subchapter; provided however, and notwithstanding any contrary provision contained herein, a license containing the bond waiver provisions shall be granted only by the unanimous vote of the members of the licensed organization. (Ord. 1114, passed 6-16-1987)

§ 122.021 RECORDS.

(A) Each organization licensed to conduct raffles and chances shall keep records of its gross receipts, expenses and net proceeds for each single gathering or occasion at which winning chances are determined. All deductions from gross receipts for each single gathering or occasion shall be documented with receipts or other records indicating the amount, a description of the purchased item or service or other reason for the deduction and the recipient. The distribution of net proceeds shall be itemized as to payee, purpose, amount and date of payment.

(B) Each organization conducting raffles pursuant to this subchapter shall have separate records of each raffle conducted pursuant hereto. The persons who account for gross receipts, expenses and net proceeds from the operation of raffles on behalf of the organization shall not be the same person who accounts for other revenues of the organization.

(C) Each organization licensed to conduct raffles shall report monthly to its membership, and to the city, its gross receipts, expenses and net proceeds from raffles and the distribution of net proceeds itemized as required in this section.

(D) Records required by this section shall be preserved for three years and organizations shall make available their record relating to operation of raffles for public inspection at reasonable times and places. (Ord. 1114, passed 6-16-1987)

§ 122.022 INELIGIBILITY.

Notwithstanding any contrary provision herein above contained, the following are ineligible for any license under this subchapter:

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(A) Any person who has been convicted of a felony;

(B) Any person who is or has been a professional gambler or gambling promoter;

(D) Any firm or corporation in which a person, defined in divisions (A), (B) or (C) above, has a proprietary, equitable or credit interest or in which a person is active or employed;

(E) Any organization in which a person, defined in divisions (A), (B) or (C) above, is an officer, director or employee, whether compensated or not;

(F) Any organization in which a person, defined in divisions (A), (B) or (C) above, is to participate in the management or operation of a raffle, as defined in this subchapter. (Ord. 1114, passed 6-16-1987)

§ 122.023 FEE.

Each application for a raffle license filed pursuant to this subchapter shall be accompanied by a filing fee in the amount of $5 to be paid at the time of filing. (Ord. 1114, passed 6-16-1987)

COIN-OPERATED DEVICES

§ 122.035 LICENSE REQUIRED.

It shall be unlawful to operate, maintain or expose for use any vending machine dispensing any item, including, but not limited to cigarette vending machines, food or beverage vending machines and/or dispensers of sanitary products, without first complying with the provisions of this subchapter. (Ord. 883, passed 10-9-1973) Penalty, see § 122.999

§ 122.036 ANNUAL LICENSE FEE.

Any person, firm or corporation who is an operator of one or more vending machines in the city, who by contract, agreement or ownership takes responsibility for furnishing, installing, servicing, operating or maintaining one or more vending machines shall first make application with the City Clerk for a vending machine operator’s license. The annual license fee shall be $250, payable on the date of application and due annually thereafter on the anniversary date of the application. (Ord. 883, passed 10-9-1973)

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§ 122.037 PERMIT FEE.

The annual permit fee for vending machines shall be $10 for each machine. (Ord. 883, passed 10-9-1973)

§ 122.038 APPLICATION; INVESTIGATION.

(A) Upon receipt of an application, the City Inspector shall investigate the machine location to determine compliance with the provisions of this subchapter.

(B) A numbered permit shall be issued to the applicant by the City Clerk after compliance by the operator with the applicable provisions of this subchapter.

(C) The permit shall be conspicuously displayed on each vending machine for which a license fee has been paid and shall not be transferable. (Ord. 883, passed 10-9-1973)

§ 122.039 LIST OF ALL VENDING MACHINES.

Each operator of vending machines shall furnish a list of all vending machines operated by him or her showing the location in the city before an operator’s license or any vending machine permit is issued. (Ord. 883, passed 10-9-1973)

§ 122.040 UNLAWFUL SALE OF FOOD AND DRINK.

It shall be unlawful for any person within the city to sell, offer or expose for sale, through vending machines, or to have in possession with intent to sell therefrom any food, beverage or ingredient which is adulterated or misbranded. (Ord. 883, passed 10-9-1973) Penalty, see § 122.999

§ 122.041 VIOLATION; PROCEDURE.

(A) (1) Whenever the City Inspector discovers a violation of any provision of this subchapter, he or she shall notify the operator concerned.

(2) The notice shall:

(a) Describe the condition found and state which section of this subchapter is violated by the condition;

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(b) Provide a specific and reasonable period of time for the correction of the condition; and

(c) State that an opportunity for a hearing on inspection findings will be provided if a written request for a hearing is filed with the City Inspector within ten days of receipt of the notice.

(3) The City Inspector may advise the operator in writing that unless the violations are corrected within the specified period of time, any license or permit issued under the provisions of this subchapter may be suspended or revoked, in accordance with provisions of this subchapter.

(4) After an opportunity for a hearing and following the procedures in § 122.038, an operator’s license or permit may be temporarily suspended, for each violation, for one to 30 days, by the City Inspector upon violation by the permit holder of any of the provisions of this subchapter or may be revoked upon serious or repeated violation of the provisions.

(5) Any operator whose license or permit has been suspended may, at any time, make application for the reinstatement of the license or permit. Within ten days after the receipt of a written application, accompanied by, or including, a statement signed by the operator to the effect that the violated term or terms of this subchapter have been complied with, the City Inspector shall make a reinspection. If the applicant is again complying with the terms of this subchapter, the license or permit may be reinstated by the City Inspector.

(B) (1) Notwithstanding any other provisions of this subchapter, whenever the City Inspector finds grossly unsanitary or other conditions involving the operation of any vending machine which, in his or her opinion, involves a substantial hazard to the public health, he or she may, without notice or hearing, issue a written order to the operator citing the existence of the condition and specifying corrective action to be taken and, if deemed necessary, requiring immediate discontinuance of operation.

(2) The order shall be effective immediately and shall apply only to the vending machine involved. Any operator to whom the order is issued shall comply therewith, but upon petition to the City Inspector, shall be afforded a hearing as soon as possible. When necessary corrective action has been taken and on the request of the operator, the City Inspector shall make a reinspection to determine whether operations may be resumed.

(3) After any hearing held under the provisions of this subchapter, the City Inspector shall sustain, modify or rescind any notice or order considered in the hearing. (Ord. 883, passed 10-9-1973)

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MECHANICAL MUSIC DEVICES

§ 122.055 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AUTOMATIC AMUSEMENT GAME. Any device by which any game of any kind is played in, or by means of any type of mechanical machine which is operated by depositing therein a coin or token.

MECHANICAL MUSICAL DEVICE. Any device for producing, reproducing or playing musical selections or numbers, either vocal or instrumental, or both, which is operated by depositing therein a coin or token. It shall also mean and include any device which is operated mechanically to render definite musical selections or numbers selected by the operators or others, as aforesaid, after the direct or indirect payment therefor. (Ord. 598, passed 8-14-1946)

§ 122.056 LICENSE REQUIRED.

No person, firm or corporation shall possess, keep, operate or maintain or permit to be operated, for hire or profit, directly or indirectly, any mechanical musical device or automatic amusement game, commonly known as pinball, bagatelle or similar device or any automatic amusement game of any description, as defined in § 122.55, in or upon any premises or place of business under his, her or its control and open to the public or any group or class thereof, within the city, without first having applied for and received a license for each device or game as herein provided. (Ord. 598, passed 8-14-1946) Penalty, see § 122.999

§ 122.057 APPLICATION; FEE.

(A) Any person, firm or corporation, desiring a license for any machine or device hereunder shall file a written application therefor, prior to the installation of any machine with the City Clerk on a form to be provided by the Clerk. The application shall state:

(1) The name, residence address of the proprietor and the business location where the machine or device is to be installed;

(2) The type of machine sought to be licensed;

(3) The name and address of the person, firm or corporation owning the machine or device; and

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(4) The nature of the business conducted on the premises in which the machine is to be installed.

(B) Every application shall be accompanied by a license fee of $10 for each machine or device to be licensed. Licenses granted hereunder shall be for one year and shall expire on April 30 of each year hereafter and may be renewed annually on or before April 30 by the filing with the City Clerk a written application for renewal stating the requirements as set forth in division (A) above, accompanied by the license fee for each renewal. The license fee for any license issued in any calendar year after November l shall be one-half of the annual license fee. (Ord. 598, passed 8-14-1946)

§ 122.058 DESCRIPTION OF MACHINES.

Every license issued hereunder shall describe with sufficient detail for identification purposes the machine for which it is issued and shall be placed in a conspicuous place near the machine so that the license shall be easily and quickly readable and the machine identified, and no device or a machine shall be played, operated, maintained or used in the premises unless and until this provision is complied with. Licenses may be summarily revoked by the Mayor for a violation of this or any other provisions of this subchapter. (Ord. 598, passed 8-14-1946)

§ 122.059 LICENSE NOT TRANSFERABLE.

Licenses issued hereunder may be transferred from one device or machine to another so long as the device or machine is similar to the machine originally licensed. (Ord. 598, passed 8-14-1946)

§ 122.060 LOCATION REQUIREMENTS.

No machine shall be licensed or shall be placed, maintained, operated or used in or upon any premises, any entrance to which is within 150 feet of any entrance to a school, public playground or church, the distance to be measured along the street line. (Ord. 598, passed 8-14-1946) Penalty, see § 122.999

§ 122.061 GAMBLING PROHIBITED.

No mechanical musical device or automatic amusement game shall be used, operated or maintained in a manner as to constitute or permit gambling in connection therewith, or in a manner as to create a disturbance to the public or to become or create public nuisances and no licensee hereunder shall offer

2021 S-13 Repl. 88B Madison - Business Regulations any prize or other reward to any person playing any machine other than free games on the machine. The police may seize any machine operated in violation of this section and the same may be held by the Police Department as evidence to be used in any suit filed for the a violation of this chapter. (Ord. 598, passed 8-14-1946) Penalty, see § 122.999

§ 122.062 INSPECTION.

It shall be the duty of the Chief of Police to inspect and examine at least once every 60 days, each mechanical musical device or automatic amusement game, licensed hereunder, with the view of ascertaining whether the laws of the state and the ordinances of the city and the provisions of this subchapter are complied with in respect to the operation and keeping of the devices and to see that the same is not being used for illegal purposes. (Ord. 598, passed 8-14-1946)

GAMING TERMINALS

§ 122.075 DEFINITIONS.

For the purpose of this chapter the following definitions apply:

LICENSED ESTABLISHMENT. A licensed establishment is a licensed retail establishment where alcoholic liquor is drawn, poured, mixed or otherwise approved for sale pursuant to a Class A or Class C liquor license.

LICENSED FRATERNAL ESTABLISHMENT. A licensed fraternal establishment is a location where a fraternal organization that derives its charter from its national parent organization that derives its charter from its national parent organization regularly meets and that is a not for profit organization so recognized as such by the state of Illinois and the Internal Revenue Service, under Section 501(c)8)(10) or (19), or the equivalent of those sections in the Internal Revenue Codes as now or as hereafter amended.

LICENSED VETERAN'S ESTABLISHMENT. A licensed veteran's establishment is a location where a qualified veteran organization that holds a charter from its national parent organization regularly meets, and is a not for profit organizations so recognized as such by the State of Illinois and the Internal Revenue Service, under Section 501(c)(8)(10) or (19), or the equivalent of those sections in the Internal Revenue Code as now or as hereafter amended.

TERMINAL OPERATOR. A terminal operator is an individual, partnership, corporation, or limited liability company, licensed to own, service, and maintain video gaming terminals for placement in licensed establishments, licensed fraternal establishments, or licensed veteran's establishments.

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VIDEO GAMING TERMINAL. A video gaming terminal is an electronic video gaming machine that plays or simulates the play of a video game upon the insertion of cash and is licensed and authorized by the Illinois Gaming Board. Authorized video gaming terminal games include but are not limited to, video poker, lineup, blackjack, as licensed and authorized by the Illinois Gaming Board. The video gaming terminal must utilize a video display and microprocessors in which the player may receive free games or credits that can be redeemed for cash. A terminal or game that directly dispenses coins, cash, or tokens, or that is for amusement purposes only, is not a video gaming terminal. (Ord. 1811, passed 8-22-2017)

§ 122.076 VIOLATIONS.

It is a violation of this section, and prohibited by this chapter, to authorize, permit, maintain, or play at a video gaming terminal, except where a video gaming terminal and the location, have a valid and current annual Class A or Class C liquor license issued by the City of Madison and where said terminal is otherwise compliant with Illinois Gaming Board regulations and compliant with ILCS Ch. 230, Act 50, §§ 5 et seq. (Ord. 1811, passed 8-22-2017)

§ 122.077 LICENSES.

(A) Video gaming licenses to operate a video gaming location are limited to qualified licensed establishments, and licensed veteran's establishments. Further requirements to qualify for or renew an annual license for a licensed video gaming location, include but are not limited to each of the following:

(1) Timely payment of any and all debts or claims due to the city including but not limited to a $250 annual license fee per video gaming terminal;

(2) Compliance with all requirements of city ordinances and state law, including but not limited to the Video Gaming Act, ILCS Ch. 230, Act 40, §§ 5 et seq., as now or as hereafter amended; and

(3) Qualification for an possession of a Class A or Class C liquor license for the designated gaming location.

(B) A person may not own, maintain, or place a video gaming terminal in a licensed establishment, unless he or she possesses a valid and current annual terminal operator's licenses issued by the State of Illinois an issued by the city. Requirements for qualifications to obtain an annual terminal operator's license from the city include the following:

(1) Timely payment to the city fo any and all debts or claims due to the city, including but not limited to a $1,000 annual license fee per terminal operator per location; and

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(2) Compliance with all requirements of city ordinance and state law, including but not limited to the Illinois Video Gaming Act, ILCS Ch. 230, Act 40, § 5, as now or as hereafter amended/ (Ord. 1811, passed 8-22-2017)

§ 122.078 LOCATION RESTRICTIONS.

No new licensed establishment, new licensed fraternal establishment, or new licensed veteran's establishment, shall be located:

(A) Within 100 feet of a school or a place of worship as defined by the Religious Corporation Act, unless the school or place of worship moves to or is established within the restricted area after a license has issued to that specific licensed establishment, or licensed veteran's establishment, under the City of Madison Ordinances. For purposes of this section, a SCHOOL means any elementary or secondary public school, or elementary or secondary private school, registered with or recognized by the Illinois State Board of Education; and

(B) No new licensed establishment, new licensed fraternal establishment, or new licensed veteran's establishment, shall be located within 200 feet of any portion of a public housing complex, public housing project, or public housing residence. (Ord. 1811, passed 8-22-2017)

§ 122.079 FUNDS.

The Office of the Treasurer of the city is authorized and directed to take all lawful steps necessary to report to and seek distributions from the Illinois State Local Government Video Gaming Distributive Fund, per ILCS Ch. 230, Act 40, § 60(a), as now or as hereafter amended. The Office of the Treasurer shall report no less often than annually to the City Council concerning distributions from the fund. All such funds received from the Local Government Video Gaming Distributive Fund, and all license fees collected under this section, shall deposited into the general purposes accounts for the city and may be used for any general purposes authorized the city. (Ord. 1811, passed 8-22-2017)

§ 122.080 PUSH TAX.

(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AMUSEMENT.

(a) Any theatrical, dramatic, musical or spectacular performance, motion picture show, flower, poultry or animal show, animal act, circus, rodeo, athletic contest, sport, game or similar

2021 S-13 Amusements 88E exhibition for public entertainment, including, without being limited to, boxing, wrestling, skating, dancing, racing, swimming, or riding on animals or vehicles, baseball, basketball, softball, football, tennis, golf, hockey, track and field games, bowling, billiard and pool games.

(b) Any entertainment offered for public participation, including, without being limited to, dancing, carnival, amusement park rides and games, bowling, billiard and pool games, or any video gaming terminal.

PERSON. Any natural individual that participates in an amusement, including a firm, organization, society, foundation, institution, partnership, association, joint stock company, joint venture, limited liability company, public or private corporation, receiver, executor, trustee or other representative appointed by order of any court, or any other entity recognized by law.

PLAY. Each individual push of the video gaming terminal which initiates the simulation provided by the video gaming terminal. Play shall not include the push of individual wager amounts, selection of types of games on the video gaming terminal or entry of any information or printing of winning receipts.

(B) Tax rate.

(1) Except as otherwise provided by this section, an amusement tax is imposed upon any person who participates in the play of a video gaming terminal that takes place within the jurisdiction boundaries of the city.

(2) The rate of tax shall be equal to $.01 per play on a video gaming terminal.

(3) The terminal operator of a video gaming terminal may separately itemize and charge each person who plays a video gaming terminal.

(C) Tax additional. The tax imposed in this chapter is in addition to all other taxes imposed by the State of Illinois or any municipal corporation or political subdivision thereof.

(D) Registration.

(1) Every terminal operator of a video gaming terminal(s) located in the city shall apply for registration as a tax collector with the city no later than 30 days after commencing such business or 30 days after the effective date of this section imposing the Push Tax, whichever occurs later.

(2) The application shall be submitted to the city on the forms provided by the city and contain such information as reasonably required by the city to impose, collect, and audit all amounts related to the Push Tax.

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(E) Collection, payment, and accounting.

(1) It shall be the joint and several duty of every terminal operator of a video gaming terminal(s) to secure from each person participating in the play of a video gaming terminal the Push Tax imposed by this section.

(2) For purposes of this section, it shall be presumed that the amount of the Push Tax imposed on each person, unless the taxpayer or tax collector provides otherwise with books, records, or other documentary evidence, has been collected from the person by the terminal operator.

(3) Push Tax payments accompanied by the tax returns prescribed by the city shall be remitted to the city on or before the 20th day of the month following the month in which payment for the Push Tax is made.

(4) Every terminal operator of a video gaming terminal to collect the Push Tax by this section shall be considered a tax collector for the city. All Push Tax amount collected shall be held by the terminal operator as trustee for and on behalf of the city. The failure of the operator to collect the tax shall not excuse or release the person from the obligation to pay the tax.

(5) The ultimate incidence of the Push Tax shall remain on the person and shall never be shifted to the terminal operator.

(6) Notwithstanding any other provision of this chapter, in order to permit sound fiscal planning and budgeting by the city, no person shall be entitled to a refund of, or credit for, the Push Tax imposed by the chapter unless the person files a claim for a refund or credit within one year after the date on which the Push Tax was paid or remitted to the city.

(7) The terminal operator of any video gaming terminal(s) shall be subject to audit, inspection, and record keeping provisions of this Code.

(8) It shall be unlawful for any terminal operator and/or person to prevent, hinder, or interfere with the city officials, employees, and/or agents designed to discharge their respective duties in the performance and enforcement of the provisions of this section.

(9) It is the duty of every terminal operator of a video gaming terminal(s) to keep accurate and complete books and records to which the city's officials, employees, and/or agents will at all times have full access.

(F) Rules and regulations; authorized. The city is authorized to adopt, promulgate, and enforce any additional rules and regulations pertaining to the interpretation, collection, administration, and enforcement of this section.

(G) Application of City Code. Any citation under this section may be in addition to any other citations issued by the city under any and all applicable sections of the City Code.

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(H) Violations; penalties. It shall be a violation of this section for a terminal operator to fail to file a report within the time prescribed in this section.

(1) Report required. A terminal operator who falsely reports or fails to report the amount of Push Tax due as required by this section shall be in violation of this section and is subject to the suspension and/or revocation of their terminal operator license. All payments not remitted when due shall be paid together with a penalty assessment on the unpaid balance at a rate of 1.5% per month.

(2) Suspension or revocation of license. The Local Liquor Commissioner or his or her designee shall have the power to suspend for not more than 30 days or revoke any video gaming license issued under the provisions of this chapter for cause, of if he or she determines that a terminal operator shall have violated any of the provisions of this section, any of the statutes of the state or any other valid ordinance or resolution enacted by the corporate authorities of the city. However, no such license shall be revoked or suspended except after the holding of a public hearing by the Local Liquor Commissioner or his or her designee. Ten days' notice of the hearing shall be given to the terminal operator. Alternatively, the terminal operator shall have the opportunity to engage in a pre-hearing conference and agree to negotiate penalties rather than proceed to a hearing.

(3) Fine imposed. In addition, any terminal operator violating the provisions of this section shall be subject to a fine of $250 for the first offense, and $500 for the second offense and $750 for a third offense and subject to revocation of any license to operate a video gaming terminal for the third offense.

(4) Each day a violation continues shall constitute a separate violation.

(5) It shall be deemed a violation of this section for any person to knowingly furnish false or inaccurate information to the city. (Ord. 1850, 4-28-2020)

§ 122.999 PENALTY.

(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.

(B) (1) Any person, firm or corporation violating § 122.001 shall be fined not less than $10, nor more than $750 for each offense.

(2) Each and every day upon which any offense is committed or is permitted to continue in violation of the provisions of § 122.001 shall constitute a separate offense.

(C) (1) Any person, firm or corporation violating any provision of §§ 122.035 through 122.041 shall be fined not less than $25, nor more than $750 for each offense.

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(2) A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

(D) (1) Any person, firm or corporation violating any of the provisions of §§ 122.055 through 122.062 shall upon conviction thereof, be subject to a fine of not less than $10, nor more than $750 for each offense.

(2) Each day of operation of any device in violation of the provisions of §§ 122.055 through 122.062 shall constitute a separate offense and any material misrepresentation on the application for license hereunder shall void any license subsequently granted and subject the applicant to the penal provisions of §§ 122.055 through 122.062 as of the date of the granting of the license.

(E) Any person, firm or corporation violating any of the provisions of §§ 122.002 or 122.004 shall, upon conviction thereof, be fined not less than $5 and not more than $200 for each offense.

(F) Any person or persons violating any of the provisions of § 122.003 shall be subject to a fine of not less than $10 nor more than $200 for each offense, and each day such person operates without having first obtained a license as is herein required, shall be deemed a separate and distinct offense.

(G) In addition to the penalties set forth in divisions (A) and (B) hereafter, a violator of one or more of the terms of §§ 122.075 et seq. shall be fined not less than $50 nor more than $750 for each offense. Additional penalties include, but are not limited to the following:

(1) The City Liquor Commissioner is authorized to suspend, revoke, or fine any license holder who violates any provision hereof or State of Illinois laws with regard to this chapter.

(2) Revocation or suspension of a liquor licensed, video gaming location license, video gaming terminal license, and terminal operator's license, are authorized under this provision. (Ord. 562, passed - -; Am. Ord. 598, passed 8-14-1946; Am. Ord. 883, passed 10-9-1973; Am. Ord. 1612, passed 5-6-2003; Am. Ord. 18-14, passed 11-14-2017)

2021 S-13 CHAPTER 123: AUCTIONEERS

Section

123.01 Auctioneers

123.99 Penalty

§ 123.01 AUCTIONEERS.

(A) No person shall, within the corporate limits of the city, exercise the calling of public auctioneer or sell any personal property at a public auction, except such as may be sold under and by virtue of legal process, without a license for that purpose, under penalty herein described.

(B) The licenses may be issued to any person of full age and good character, upon the person giving bond in the sum of $200, with security to be approved by the Mayor, conditioned for observance of all ordinances of the city applicable to the business so licensed and upon his or her paying, to the City Collector, the sum herein prescribed therefor.

(1) One day: $5.

(2) One year: $25.

(D) No auctioneer shall fraudulently conspire with anyone to induce bidders more than its true face value for any article offered for sale by him or her or any artifice or collusion with any bidder or other person shall make any fraudulent or unreal sale with intention to defraud or to deceive any party bidding as to the value of any article offered for sale. (Ord. 562, passed - -) Penalty, see § 123.99

§ 123.99 PENALTY.

Any person violating any provision of § 123.01 shall, upon conviction thereof, be fined not less than $10, nor more than $750. (Ord. 562, passed - -)

89 90 Madison - Business Regulations CHAPTER 124: TELECOMMUNICATIONS

Section

Maintenance Fees

124.01 Definitions 124.02 Registration 124.03 Maintenance fee 124.04 Collection, enforcement and administration 124.05 Compliance with other laws 124.06 Existing franchises and licenses 124.07 Waiver and fee implementation

124.99 Penalty Statutory reference: Telecommunications Municipal Infrastructure Maintenance Fee Act, see ILCS Ch. 35, Act 635, §§ 1 et seq.

MAINTENANCE FEES

§ 124.01 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

GROSS CHARGES.

(1) The amount paid to a telecommunications retailer for the act or privilege of originating or receiving telecommunications within the city, and for all services rendered in connection therewith, valued in money whether paid in money or otherwise, including cash, credits, services and property of every kind or nature, and shall be determined without any deduction on account of the cost of the telecommunications, the cost of the materials used, labor or service costs, or any other expense whatsoever. In case credit is extended, the amount thereof shall be included only as and when paid. GROSS CHARGES for private line service shall include charges imposed at each channel termination point within the city, charges for the channel mileage between each channel termination point within the city and charges for that portion of the interstate inter-office channel provided within the city.

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(a) Charges for that portion of the interstate inter-office channel provided in the city shall be determined by the retailer as follows:

1. For interstate inter-office channels having two channel termination points, only one of which is in the city, 50% of the total charge imposed; or

2. For interstate inter-office channels having more than two channel termination points, one or more of which are in the city, an amount equal to the total charge multiplied by a fraction, the numerator of which is the number of channel termination points within the city and the denominator of which is the total number of channel termination points.

(b) Prior to January 1, 2004, any method consistent with this section or other method that reasonably apportions the total charges for interstate inter-office channels among the states in which channel terminations points are located shall be accepted as a reasonable method to determine the charges for that portion of the interstate inter-office channel provided within the state for that period.

(2) However, GROSS CHARGES shall not include any of the following:

(a) Any amounts added to a purchaser’s bill because of a charge made under:

1. The fee imposed by this section;

2. Additional charges added to a purchaser’s bill under §§ 9-221 or 9-222 of the Public Utilities Act (ILCS Ch. 220, Act 5, §§ 9-202, 9-221, 9-222, and 9-222.1);

3. Amounts collected under ILCS Ch. 65, Act 5, § 8-11-17, the Illinois Municipal Code;

4. The tax imposed by the Telecommunications Excise Tax Act (ILCS Ch. 35, Act 630, §§ 1 et seq.);

5. 911 surcharges; or

6. The tax imposed by § 4251 of the Internal Revenue Code;

(b) Charges for a sent collect telecommunication received outside the city;

(c) Charges for leased time on equipment or charges for the storage of data or information or subsequent retrieval or the processing of data or information intended to change its form or content; (The equipment includes, but is not limited to the use of calculators, computers, data processing equipment, tabulating equipment or accounting equipment and also includes the usage of computers under a time-sharing agreement.)

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(d) Charges for customer equipment, including the equipment that is leased or rented by the customer from any source, wherein the charges are disaggregated and separately identified from other charges;

(e) Charges to business enterprises certified under Section 9-222.1 of the Public Utilities Act to the extent of the exemption and during the period of time specified by the city;

(f) Charges for telecommunications and all services and equipment provided in connection therewith between a parent corporation and its wholly owned subsidiaries or between wholly owned subsidiaries, and only to the extent that the charges between the parent corporation and wholly owned subsidiaries or between wholly owned subsidiaries represent expense allocation between the corporations and not the generation of profit other than a regulatory required profit for the corporation rendering the services;

(g) Bad debts; (BAD DEBT means any portion of a debt that is related to a sale at retail for which gross charges are not otherwise deductible or excludable that has become worthless or uncollectible, as determined under applicable federal income tax standards. If the portion of the debt deemed to be bad is subsequently paid, the retailer shall report and pay the tax on that portion during the reporting period in which the payment is made.)

(h) Charges paid by inserting coins in coin-operated telecommunications devices;

(i) Charges for telecommunications and all services and equipment provided to the city; or

(j) Charges for nontaxable services or telecommunications if:

1. Those charges are aggregated with other charges for telecommunications that are taxable;

2. Those charges are not separately stated on the customer bill or invoice; and

3. The retailer can reasonably identify the nontaxable charges on the retailer’s books and records kept in the regular course of business. If the nontaxable charges cannot reasonably be identified, the gross charge from the sale of both taxable and nontaxable services or telecommunications billed on a combined basis shall be attributed to the taxable services or telecommunications. The burden or proving nontaxable charges shall be on the retailer of the telecommunications.

PUBLIC RIGHT-OF-WAY. Any municipal street, alley, water or public right-of-way dedicated or commonly used for utility purposes, including utility easements wherein the city has acquired the right and authority to locate or permit the location of utilities consistent with telecommunications facilities. PUBLIC RIGHT-OF-WAY shall not include any real or personal city property that is not specifically described in the previous sentence and shall not include city buildings and other structures or improvements, regardless of whether they are situated in the public right-of-way.

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RETAILER MAINTAINING A PLACE OF BUSINESS IN THIS STATE. Any like term, any retailer having or maintaining within the state, directly or by a subsidiary, an office, distribution facilities, transmission facilities, sales office, warehouse, other place of business or any agent or other representative operating within the state under the authority of the retailer or its subsidiary, irrespective of whether the place of business or agent or other representative is located here permanently or temporarily, or whether the retailer or subsidiary is licensed to do business in the state.

SALE OF TELECOMMUNICATIONS AT RETAIL. The transmitting, supplying or furnishing of telecommunications and all services rendered in connection therewith for a consideration, other than between a parent corporation and its wholly owned subsidiaries or between wholly owned subsidiaries, when the gross charge made by one corporation to another corporation is not greater than the gross charge paid to the retailer for their use or consumption and not for sale.

SERVICE ADDRESS. The location of telecommunications equipment from which telecommunications services are originated or at which telecommunications services are received. If this is not a defined location, as in the case of wireless telecommunications, paging systems, maritime systems, air-to-ground systems and the like, SERVICE ADDRESS shall mean the location of the customer’s primary use of the telecommunications equipment, as defined by the location in the state where bids are sent.

TELECOMMUNICATIONS. Messages or information transmitted through use of local, toll and wide area telephone service, channel services, telegraph services, teletypewriter service, computer exchange services, private line services, specialized mobile radio services or any other transmission of messages or information by electronic or similar means, between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities. Unless the context clearly requires otherwise, TELECOMMUNICATIONS shall also include WIRELESS TELECOMMUNICATIONS, as hereinafter defined. TELECOMMUNICATIONS shall not include value added services in which computer processing applications are used to act on the form, content, code and protocol of the information for purposes other than transmission. TELECOMMUNICATIONS shall not include purchase of telecommunications by a telecommunications service provider for use as a component part of the service provided by him or her to the ultimate retail consumer who originates or terminates the end-to-end communications. Retailer access charges, right of access charges, charges for use of inter- company facilities and all telecommunications resold in the subsequent provision and used as a component of, or integrated into, end-to-end telecommunications service shall not be included in gross charges as sales for resale. TELECOMMUNICATIONS shall not include the provision of cable services through a cable system as defined in the Cable Communications Act of 1954 (47 USC 521 and following) as now or hereafter amended or cable or other programming services subject to an open video system fee payable to the city through an open video system as defined in the Rules of the Federal Communications Commission (47 CFR 76.1550 et seq.) as now or hereafter amended.

TELECOMMUNICATIONS PROVIDER.

(1) Any telecommunications retailer; and

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(2) Any person that is not a telecommunications retailer that installs, owns, operates or controls equipment in the public right-of-way that is used or designed to be used to transmit telecommunications in any form.

TELECOMMUNICATIONS RETAILER, RETAILER or CARRIER. Every person engaged in the business of making sales of telecommunications at retail, as defined in this section. The city may, in its discretion, upon application, authorize the collection of the fee hereby imposed by any retailer not maintaining a place of business within the state, who, to the satisfaction of the city, furnishes adequate security to ensure collection and payment of the fee. When so authorized, it shall be the duty of the retailer to pay the fee upon all of the gross charges for telecommunications in the same manner and subject to the same requirements as a retailer maintaining a place of business within the city.

WIRELESS TELECOMMUNICATIONS. Cellular mobile telephone services, personal wireless services, as defined in Section 704(C) of the Telecommunications Act of 1996 (P.L. 104-104), 42 USC S332(c)(7), as now or hereafter amended, including all commercial mobile radio services and paging services. (ILCS Ch. 35, Act 635, § 10) (Ord. 1380, passed 10-7-1997)

§ 124.02 REGISTRATION.

(A) Every telecommunications provider, as defined hereby, shall register with the city within 30 days after the effective date of this subchapter or becoming a telecommunications provider, whichever is later, on a form to be provided by the city, provided, however, that any telecommunications retailer that has filed a return pursuant to § 124.05(C) shall be deemed to have registered in accordance with this section.

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(B) Every telecommunications provider who has registered with the city pursuant to division (A) above has an affirmative duty to submit an amended registration form or current return as required by § 124.04(C), as the case may be, to the city within 30 days from the date of the occurrence of any charges in the information provided by the telecommunications provider in the registration form or most recent return on file with the city. (Ord. 1380, passed 10-7-1997)

§ 124.03 MAINTENANCE FEE.

(A) A city telecommunications infrastructure maintenance fee is hereby imposed upon all telecommunications retailers in the amount of 1.0% of all gross charges charged by the telecommunications retailer to service addresses within the city for telecommunications originating or received in the city.

(B) Upon the effective date of the infrastructure maintenance fee authorized in this subchapter, the city infrastructure maintenance fee authorized hereunder shall be the only fee or compensation for the use of all public rights-of-way within the city by telecommunications retailers. Imposition of the infrastructure maintenance fee provided under this subchapter does not, however, serve as a limitation on the levying of any taxes or imposition of any fees otherwise authorized by law.

(C) The city telecommunications infrastructure maintenance fee authorized by this section shall be collected, enforced and administered as set forth in § 124.04. (Ord. 1380, passed 10-7-1997) Statutory reference: Limitation on municipal fee, see ILCS Ch. 35, Act 635, § 20

§ 124.04 COLLECTION, ENFORCEMENT AND ADMINISTRATION.

(A) A telecommunications retailer shall charge to and collect from each customer an additional charge in an amount equal to the city infrastructure maintenance fee attributable to that customer’s service address.

(B) Unless otherwise approved by the city, the infrastructure maintenance fee shall be remitted by the telecommunications retailer to the city not later than the last day of the month subsequent to the month in which a bill is issued to the customer; provided, however, that the telecommunications retailer may retain an amount not to exceed 2% of the city infrastructure maintenance fee collected by it to reimburse itself for expenses incurred in accounting for and remitting the fee.

(C) Remittance of the municipal infrastructure fee to the city shall be accompanied by a return, in a form to be prescribed by the City Comptroller, which shall contain information as the City Comptroller may reasonably require. 96 Madison - Business Regulations

(D) (1) Any infrastructure maintenance fee required to be collected pursuant to this subchapter and any infrastructure maintenance fee collected by the telecommunications retailer shall constitute a debt owed by the telecommunications retailer to the city.

(2) The charge imposed under division (A) above by the telecommunications retailer pursuant to this subchapter shall constitute a debt of the purchaser to the telecommunications retailer who provides the services until paid and, if unpaid, is recoverable at law in the same manner as the original charge for the services.

(E) If it shall appear that an amount of infrastructure maintenance fee has been paid that was not due under the provisions of this subchapter, whether as a result of a mistake of fact or an error of law, then the amount shall be credited against any infrastructure maintenance fee due, on to become due, under this chapter, from the telecommunications retailer who made the erroneous payment; provided, however, the City Comptroller may request, and telecommunications retailer shall provide, written substantiation for the credit. However, no claim for the credit may be made more than three years after the date of the erroneous payment unless:

(1) The credit is used only to offset a claim of underpayment made by the city within the applicable statutory period of limitations; and

(2) The credit derives from an overpayment made by the same telecommunications retailer during the applicable statutory period of limitations

(F) Amounts paid under this subchapter by telecommunications retailers shall not be included in the tax base under any of the following acts as described immediately below:

(1) Gross charges for purposes of the Telecommunications Excise Tax Act (ILCS Ch. 35, Act 630, §§ 1 et seq.);

(2) Gross receipts for purposes of the municipal utility tax as prescribed in § 8-11-2 of the Illinois Municipal Code;

(3) Gross charges for purposes of the municipal telecommunications tax as prescribed in § 8-11-12 of the Illinois Municipal Code;

(4) Gross revenue for purposes of the tax on annual gross revenue of public utilities prescribed in § 2202 of the Public Utilities Act (ILCS Ch. 220, Act 5, §§ 9-202, 9-221, 9-222, and 9-222.1).

(G) The city shall have the right, in its discretion, to audit the books and records of all telecommunications retailers subject to this subchapter to determine whether the telecommunications retailer has properly accounted to the city for the city infrastructure maintenance fee. Any underpayment of the amount of the city infrastructure maintenance fee due to the city by the telecommunications retailer shall be paid to the city, plus 5% of the total amount of the underpayment determined in an audit, plus Telecommunications 97 any costs incurred by the city in conducting the audit, in an amount not to exceed 5% of the total amount of the underpayment determined in an audit. The sum shall be paid to the city within 21 days after the date of issuance of an invoice for same.

(H) The City Comptroller, or his or her designee, may promulgate further or additional regulations concerning the administration and enforcement of this subchapter, consistent with its provisions, as may be required from time to time and shall notify all telecommunications retailers that are registered pursuant to § 124.02. (Ord. 1380, passed 10-7-1997)

§ 124.05 COMPLIANCE WITH OTHER LAWS.

Nothing in this subchapter shall excuse any person or entity from obligations imposed under any law, including, but not limited to:

(A) Generally applicable taxes;

(B) Standards for construction on, over, under or within, use of or repair of the public rights-of- way, including standards relating to free standing towers and other structures upon the public rights-of- way, as provided;

(C) Any liability imposed for the failure to comply with such generally applicable taxes or standards governing construction on, over, under or within, use of or repair of the public rights-of-way; and

(D) Compliance with any ordinance or provision of this code concerning uses or structures not located on, over or within the right-of-way. (Ord. 1380, passed 10-7-1997)

§ 124.06 EXISTING FRANCHISES AND LICENSES.

Any franchise, license or similar agreements between telecommunications retailers and the city entered into before the effective date of this subchapter regarding the use of public rights-of-way shall remain valid according to and for their stated terms except for any fees, charges or other compensation to the extent waived. (Ord. 1380, passed 10-7-1997)

§ 124.07 WAIVER AND FEE IMPLEMENTATION.

(A) The city hereby waives all fees, charges and other compensation that may accrue, after the effective date of the waiver, to the city by a telecommunications retailer pursuant to any existing city 98 Madison - Business Regulations franchise, license or similar agreement with a telecommunications retailer during the time the city imposes the telecommunications infrastructure maintenance fee. This waiver shall only be effective during the time the infrastructure maintenance fee, provided for in this subchapter, is subject to being lawfully imposed on the telecommunications retailer and collected by the telecommunications retailer from the customer.

(B) The City Clerk shall send a notice of the waiver by certified mail/return receipt requested to each telecommunications retailer with whom the city has a franchise or, in the alternative, by November 12, 1997, give notice along with a certified copy of this subchapter to the State Municipal League for inclusion in the League°s group mailing of the required notice of the waiver.

(C) The city infrastructure maintenance fee provided for in this subchapter shall become effective and imposed on the first day of the month not less than 90 days after the city provides written notice by certified mail to each telecommunications retailer with whom the city has an existing franchise, license or similar agreement that the city waives all compensation under the existing franchise, license or similar agreement during such time as the fee is subject to being lawfully imposed and collected by the retailer and remitted to the city. The infrastructure maintenance fee shall apply to gross charges billed on or after the effective date as established in the preceding sentence. (Ord. 1380, passed 10-7-1997)

§ 124.99 PENALTY.

Any telecommunications provider who violates, disobeys, omits, neglects or refuses to comply with any of the provisions of §§ 124.01 through 124.07 shall be subject to a fine not more than $750 for each offense. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Ord. 1380, passed 10-7-1997) CHAPTER 125: ADVERTISING

Section

Billboards and Outdoor Advertising

125.01 Definitions 125.02 License required 125.03 License fees 125.04 Prohibited conduct 125.05 Identification required 125.06 Maintenance

Handbills

125.15 License required; fees 125.16 Copy to be filed 125.17 Prohibited conduct

125.99 Penalty

BILLBOARDS AND OUTDOOR ADVERTISING

§ 125.01 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BILLBOARDS. Any billboard, fence, sign, banner, wall or structure erected for advertising purposes or upon which any advertisement is shown or whereupon any posts, bill, printing, painting device, or other advertising matter of any kind, whatsoever, may be placed, stuck, tacked, posted, printed, pasted, fastened or otherwise affixed. But this defini-display official notices issued by any court, or any public office or posted by any public officer in the performance of public duty, or to be used to display announcements of meetings to be held upon premises whereon such billboards or bulletin boards are displayed or used to advertise any business conducted on the premises where such billboard or bulletin board is located. Nor shall it be held to include a real estate sign advertising for sale or rent the property whereon it stands provided, however, that said real estate sign shall exceed 20 square feet in size.

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OUTDOOR ADVERTISING. Advertising on any billboard, fence, sign, banner, wall or structure erected for advertising purposes or otherwise, or the placing thereof of any poster, bill, printing, painting device or any advertising matter of any kind whatsoever, and the pasting, posting, painting, printing, nailing or tacking, or otherwise fastening of any handbill, card, banner, sign, poster, advertisement or notice of any kind upon any property or place of an kind, character or description. (Ord. 1612, passed 5-6-2003)

§ 125.02 LICENSE REQUIRED.

No person, firm or corporation shall engage in or carry on the business of outdoor advertising or the business of the erection, use or maintenance of billboards as defined in § 125.01 hereof until after such person, firm or corporation shall in addition to obtaining the license as provided for herein, have filed with the City Clerk of the city, a bond in the sum of $2,000 with sureties to be approved by the Mayor. The condition of such bond to be that such person, firm or corporation, so engaged in the business of outdoor advertising or the business of the erection, use or maintenance of billboards as defined in division (A) hereof shall faithfully comply with all provisions of this section and shall further save and keep the city, and its officials harmless from all damage, liability, losses or judgments that may be claimed against the city by reason of the negligent erection or negligent maintenance of any billboard or any outdoor advertising structure as defined in § 125.01 hereof. (Ord. 1612, passed 5-6-2003) Penalty, see § 125.99

§ 125.03 LICENSE FEES.

(A) No person, firm or corporation shall engage in or carry on the business of outdoor advertising or the business of the erection, use or maintenance of billboards as defined in § 125.01 hereof without paying a license fee as hereinafter provided in this section.

(B) The license fee imposed in this section shall be $25 per year. (Ord. 1612, passed 5-6-2003) Penalty, see § 125.99

§ 125.04 PROHIBITED CONDUCT.

(A) It shall be unlawful for any person, firm or corporation, except a public officer or employee in performance of a public duty, to paste, paint, print, nail, tack or otherwise fasten any card, banner, hand bill, sign, poster, or advertisement or notice of any kind or cause the same to be done on any curbstone, lamp post, hydrant, bridge or tree upon a public street or public property within the city, except as may be required by the ordinances of the city, or the laws of the state or the United States. Any advertisement prohibited by this section may be taken down, removed or destroyed by anyone.

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(B) No person, firm or corporation shall scatter, daub or leave any paint, waste, glue or other substance used for painted or affixing advertisement matter upon any public street or sidewalk, or scatter or throw or permit to be scattered or thrown, any tills, waste, matter, papers, cloth or materials of whatsoever kind removed from ground sign boards, roof sign boards, wall bulletins or banners, on any public street or on private property.

(C) It shall be unlawful to post any advertisement on any premises without the consent of the owner or occupant of such premises. Such consents must be in writing and be filed with the City Clerk.

(D) It shall be unlawful for any outdoor advertiser to post or display any advertisement of an obscene or immoral character or any advertisement tending to promote or cause a riot or breach of the peace, or any advertisement for an unlawful gathering, or advertisements for unlawful sales.

(E) It shall be unlawful to mutilate or disfigure any lawful sign or advertisement in the municipality. (Ord. 1612, passed 5-6-2003) Penalty, see § 125.99

§ 125.05 IDENTIFICATION REQUIRED.

There shall be placed and maintained on the top of each ground sign board, roof sign board, wall bulletin or banner, the name, plainly printed, of the person, firm or corporation owning or who is in possession, charge or control of the same, for advertising purposes. (Ord. 1612, passed 5-6-2003) Penalty, see § 125.99

§ 125.06 MAINTENANCE.

It shall be the duty of each outdoor advertiser to keep all grass and weeds, and all growth excepting trees and ornamental shrubbery, cut down so that the same shall not grow to a greater length than ten inches within six feet of any billboard or sign board used by said advertiser; provided that this obligation shall extend only to property controlled by the advertiser. (Ord. 1612, passed 5-6-2003) Penalty, see § 125.99

HANDBILLS

§ 125.15 LICENSE REQUIRED; FEES.

(A) It shall be unlawful for any person, firm or corporation to carry, distribute or circulate, or cause to be distributed or circulated, any handbills along or upon the sidewalks, streets, or other public place within the city, without first having obtained a license so to do.

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(B) Licenses may be issued for one day, one week, or one month, but not beyond the municipal year. The license fee for such licenses shall be as follows: For one day, $3; for one week, $10; for one month, $15; for one year, $25. (Ord. 1612, passed 5-6-2003) Penalty, see § 125.99

§ 125.16 COPY TO BE FILED.

No handbill shall be distributed or circulated within the city unless a copy thereof is filed with the City Clerk prior to its distribution or circulation. (Ord. 1612, passed 5-6-2003) Penalty, see § 125.99

§ 125.17 PROHIBITED CONDUCT.

(A) It shall be unlawful for any person, by himself, herself or another, to distribute or carry for the purpose of distributing, along or upon the streets, sidewalks, or other public place within the city, any handbill which may invite to or make public, the holding of any meeting, gathering, or assembly of persons to be held for the purpose of advocating riots, affrays, disturbances or disorderly assemblies in any public or private place, or for the purpose of advocating any acts which if performed, would be contrary to the laws of the state or of the United States.

(B) It shall be unlawful for any person, by himself, herself or another, to distribute or carry for the purpose of distributing, along or upon the streets, sidewalks, or other public place within the city, any handbill which may invite to, make public, or advertise the holding of any meeting, gathering or assembly to be held or advertised or announced to be held by any assembly, society, organization or association which advocates the reformation or overthrow of the existing form of government, by force, or any unlawful means, or which shall invite, solicit or request any person to become a member of, or attend a meeting of any society, organization, or association which advocates crime or violence as a means of accomplishing the reformation or overthrowing of the existing form of government.

(C) It shall be unlawful for any person, by himself, herself or another, to distribute or carry for the purpose of distribution, along or upon any street, sidewalk, or any public place within the city, any handbill which shall advertise or make public the holding of any meeting to be held for the purpose of advocating violence or crime as a means to hinder, or overthrow, or prevent the operation or conduct of any established business.

(D) It shall be unlawful for any person licensed under the provisions of this subchapter, to throw, cast or scatter any handbills along or upon any street, highway, or other public place within the city, or to post, paste, nail or otherwise fasten any handbill on any lamppost, curbstone, sidewalk, tree, telegraph, telephone or electric light post, fire hydrant, or upon any other property of the city over which it has control, or upon any billboard, wall, door, gate, fence or other private property without the consent of the owner thereof. (Ord. 1612, passed 5-6-2003) Penalty, see § 125.99

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§ 125.99 PENALTY.

(A) Any person, firm or corporation violating any of the provisions of §§ 125.02 through 125.06 shall be fined not less than $5 nor more than $200 for each offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

(B) Any person, firm or corporation violating any of the provisions of §§ 125.15 through 125.17 shall, upon conviction, be fined not less than $3 nor more than $100 for each offense. (Ord. 1612, passed 5-6-2003)

2003 S-1 104 Madison - Business Regulations CHAPTER 126: WEAPONS AND EXPLOSIVES

Section

Specific License Requirements

126.01 Blasting 126.02 Deadly weapons dealers 126.03 Gunpowder, explosives, petroleum and combustible materials

126.99 Penalty

SPECIFIC LICENSE REQUIREMENTS

§ 126.01 BLASTING.

(A) No blasting operations shall be permitted within the city except upon special license to be granted by the Mayor and upon such conditions and restrictions as shall be necessary for the protection and safeguarding of life and property.

(B) Previous to the issuance of any such license, applicants shall furnish and file with the City Clerk a bond in the sum of $5,000 with sureties, approved by the Mayor, conditioned for the payment of any loss, damage or injury, resulting to persons or property by reason of the use of such explosives, and for the strict observance of the ordinances of the city relating to the subject of such explosives.

§ 126.02 DEADLY WEAPONS DEALERS.

(A) It shall be unlawful for any person, firm or corporation to engage in the business of selling or to sell or give away to any person within the city, any pistol, revolver, derringer, bowie knife, dirk, dagger, stiletto, brass or iron knuckles, or billies or any other dangerous or deadly weapon or instruments of like character which can be concealed on the person, without a license so to do as hereinafter provided.

(B) Any person, firm or corporation desiring a license authorizing the sale of the deadly weapons mentioned in division (A) hereof shall make application in writing to the Mayor, setting out in such application the full name and residence of the applicant, if an individual, and if a firm or corporation,

2003 S-1 105 106 Madison - Business Regulations the name and residence of each of its members or officers. Such applicant shall also set out the location at which it is intended or desired to conduct such business. Upon receipt of such application it shall be the duty of the Mayor to issue a license to the applicant upon a payment to the City Collector of an annual license fee of $25.

(C) Every person, firm or corporation who is licensed to deal in deadly weapons under the provisions of this section, shall make out and deliver to the Chief of Police, every day before the hour of 12:00 p.m., a legible and correct report of every sale or gift made under authority of said license during the preceding 24 hours, which report shall contain the date of such sale or gift, the name of the purchaser or donee, with his or her address and age, the number, kind, description and price of such weapon, and the purpose given by such person for the purchase of such weapon.

(D) In case the Mayor shall be satisfied that any licensee has violated any provision of this section, then he or she shall revoke the license of such person, firm or corporation from the selling of such weapons, and the money paid for such license shall be forfeited to the city and no other such license shall be issued to such licensee for a period of three years thereafter.

(E) It shall be unlawful for any person, firm or corporation to sell, barter, or give away to any person within the city, any pistol, revolver, derringer, bowie knife, dirk, dagger, stiletto, brass or iron knuckles, or billies or any other dangerous or deadly weapon or instruments of like character which can be concealed on the person, except to licensed dealers and to persons who have secured a permit for the purchase of such articles from the Chief of Police, as hereinafter required.

(F) It shall be unlawful for any person to purchase any pistol, revolver, derringer, bowie knife, dirk, dagger, stiletto, brass or iron knuckles, or billies or any other dangerous or deadly weapon or instruments of like character which can be concealed on the person, without first securing from the Chief of Police a permit so to do. Before any such permit is granted an application in writing shall be made therefor, setting forth in such application the name, address, age, height, weight, complexion, nationality and other elements of identification of the person desiring such permit, and the applicant shall provide such evidence of good character as the Chief of Police in his or her discretion may require.

(G) (1) It shall be the duty of the Chief of Police to refuse such permit to:

(a) All persons having been convicted of any crime;

(b) All minors.

(2) Otherwise, in case he or she shall be satisfied that the applicant is a person of good moral character, it shall be the duty of the Chief of Police to grant such permit upon the payment of a fee of $1.

(H) It shall be unlawful for any person, firm or corporation to exhibit for sale in show cases or show windows, on counters or in any public manner, any pistol, revolver, derringer, bowie knife, dirk,

2003 S-1 Weapons and Explosives 107 dagger, stiletto, brass or iron knuckles, or billies or any other dangerous or deadly weapon or instruments of like character, or to display any signs, posters, or display cards suggesting the sale of any such weapon. (Ord. 1612, passed 5-6-2003)

§ 126.03 GUNPOWDER, EXPLOSIVES, PETROLEUM AND COMBUSTIBLE MATERIALS.

(A) No person, firm or corporation shall store, keep, sell or transport within the city, any turpentine, tar, pitch, resin, hemp, cotton, gunpowder, nitro-glycerine, petroleum, or any of the products thereof, including fuel oil, coal oil, arid gasoline, fire crackers, torpedoes, or other sorts of fire works, or other similar combustible explosive materials, without first having obtained a license therefor; provided that any person may keep gunpowder for his or her own use in any quantity not exceeding two pounds at one time; and provided further that this section shall not apply to persons having small amounts of said substances in their possession for household or medicinal uses.

(B) Every person, firm or corporation licensed under the provisions of this section shall pay an annual license fee of $25; provided that persons who hold licenses to conduct another business in which the above articles are usually sold, shall not be required to obtain a license to sell or store the aforesaid articles.

(C) No person to whom any license may be granted shall deposit or keep in store exceeding 50 pounds of gunpowder or any other like explosive substance, within the city unless the same shall be kept in a secure, fireproof powder house, or magazine, built for that purpose and located at least 300 feet from any other occupied building; nor shall such person, at his or her place of business, or elsewhere in the city, keep on hand at any one time, for sale or delivery, exceeding 50 pounds of gunpowder, or any other like explosive substance, which shall be kept in a tin or other metallic canisters, containers or cases, stored in a part of the building remote from any fire, lamp or gas light and where it can be easily removed in case of fire.

(D) No person shall carry or convey any gunpowder or any other like explosive substance, in or through any street, avenue, alley or other public place in a careless or negligent manner, or in any quantity exceeding two pounds, except, the be enclosed in secure canisters, containers, case nor shall remain with the same in any street, alley or other public place, longer than may be necessary for the carrying or transportation thereof from one place to another.

(E) It shall be unlawful for any person or corporation to manufacture anywhere within the city any gunpowder, gun cotton, giant powder, dynamite, nitro-glycerine or other high explosive or similar material.

(F) It shall, be unlawful for any person, firm or corporation to keep, store, transport, sell or use any crude petroleum, fuel oil, benzine, gasoline, naphtha, ether, coal oil or other like volatile combustibles or compounds in such a manner or to cause such circumstances as will jeopardize life or property; nor shall the same be permitted to stand open and exposed in any building or other place; nor

2003 S-1 108 Madison - Business Regulations shall the same be kept stored or transported except in air-tight containers; nor shall the floors or walls of any building used for the keeping or storing of said materials be permitted to become coated with grease and oil; nor shall rubbish be permitted to accumulate in any part thereof.

(G) It shall be the duty of the Chief of Police, or a member of the Police Department, under his or her supervision to inspect, at least four times yearly, the premises occupied or used by any person licensed under the provisions of this section, to ascertain whether the provisions of this section and of all ordinances of the city relative to fire prevention, health and safety are being complied with and he or she shall have the authority to require any licensee to take all necessary measures to properly safeguard life or property. (Ord. 1612, passed 5-6-2003)

§ 126.99 PENALTY.

(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.

(B) Any person, firm or corporation violating any of the provisions of §§ 126.01 or 126.02 shall be fined not less than $25 nor more than $200 for each offense, and every day on which any violation is committed, or is permitted to continue, shall be deemed a separate and distinct offense. (Ord. 1612, passed 5-6-2003)

2003 S-1 CHAPTER 127: INDUSTRIAL BUSINESS LICENSES

Section

127.01 Definitions 127.02 Blacksmith shops, foundries, and machine shops 127.03 Coal yards 127.04 Electrical contractors 127.05 Lumber yards and lumber store houses 127.06 Slaughter houses

127.99 Penalty

§ 127.01 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BLACKSMITH SHOP. Any place used for the purpose of shoeing horses or mules or for the purpose of repairing the wood or metal parts of wagons.

ELECTRICAL CONTRACTOR. Any person, firm or corporation engaged in the business of installing or altering, by contract, equipment, and electrical appliances for the utilization of electricity supplied for light, heat or power, not including radio apparatus or equipment for wireless reception of sounds and signals, and not including apparatus, conductors, and other equipment installed by or for public utilities, including common carriers, which are under the jurisdiction of the Illinois Commerce Commission for use in their operation as public utilities; and does not include employees employed by such contractor to do or supervise such work, it shall be unlawful for any person registered under the provisions of this section to install any electrical appliances, wiring or fixtures without strict compliance with the ordinances of the city relative to such installation.

FOUNDRY. Any place used for the purpose of heating, molding, shaping or casting metals.

MACHINE SHOP. Every workshop in which machines are made or metal parts thereof are repaired or where parts of machines or tools, implements, dies, gears, screws or other metal articles are cut, filed, shaped or repaired by means of a lathe or other machinery. (Ord. 1612, passed 5-6-2003)

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§ 127.02 BLACKSMITH SHOPS, FOUNDRIES, AND MACHINE SHOPS.

(A) No person, firm or corporation shall keep, conduct or operate any blacksmith shop, foundry or machine shop, within the city, without first having obtained a license therefor.

(B) It shall be unlawful for any person, firm or corporation to locate, build, construct, operate or maintain any blacksmith shop, foundry or machine shop within 200 feet of any building or grounds thereof, used for and as a hospital, church or public or parochial school; nor shall any person, firm or corporation locate, build, construct, operate or maintain any blacksmith shop, foundry or machine shop in any block in which the majority of the buildings on both sides of the street are used exclusively for residential purposes, without the written consent of a majority of the property owners according to frontage on both sides of such street in such block. Such written consent shall be obtained and filed with the application for a license under the provisions of this section.

(C) No building, structure or part thereof used for the purpose of a blacksmith shop, foundry or machine shop shall be so used as to constitute a nuisance or endanger the health or property of the employees or of the public; all floors and other surfaces around any machine or work bench shall be kept in good order and repair and suitable and convenient sanitary receptacles shall be provided for receiving waste and cloths used in and about said businesses for the purpose of cleaning machines or parts thereof or which are intended for any other use. No person suffering from any actively contagious or infectious disease shall be employed in or about any machine where cutting compound or fluid is used. All such cutting compound or fluid shall be kept free from infectious or harmful matter.

(D) It shall be the duty of the city health officer to inspect all premises used for the purpose of a blacksmith shop, foundry or machine shop, at least once every three months, and at such other times as he or she may deem necessary, to insure compliance with the provisions of this section and of all ordinances of the city and regulations of the Board of Health to safeguard the health and safety of the public.

(E) The fee for a license to keep, conduct or operate a blacksmith shop, foundry or machine shop shall be $25 per year. (Ord. 1612, passed 5-6-2003) Penalty, see § 127.99

§ 127.03 COAL YARDS.

(A) No person, firm or corporation shall conduct, maintain or keep a coal yard within the fire limits of the city without first having obtained a license so to do. The license fee for such license shall be $25 per annum.

(B) It shall be unlawful to pile any coal in such a manner so that it can fall down upon adjoining property or upon any street, sidewalk, alley or other public place, or in such a manner as may be dangerous and detrimental to public safety.

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(C) It shall be unlawful to establish any coal yard in the city where a majority of the houses within a radius of 300 feet are used exclusively for residential purposes without first having obtained the written consent of the owners of two-thirds of the lots or parcels of ground within such radius.

(D) It shall be the duty of the Chief of Police to make such inspections or cause the same to be made, as may be necessary to insure compliance with the provisions of this section, and of all ordinances of the city relative to fire protection and to public health and safety and he or she shall make immediate report of all violations thereof to the Mayor. (Ord. 1612, passed 5-6-2003) Penalty, see § 127.99 Cross-reference: Fuel Sales and Distribution, see Ch. 121

§ 127.04 ELECTRICAL CONTRACTORS.

(A) No person, firm or corporation shall engage in the business of electrical contractor without first having obtained a certificate of registration therefor as is herein required. Application for such certificate shall be made to the Mayor.

(B) The annual fee for registering as an electrical contractor shall be $25. No certificate of registration shall be transferred.

(C) Any electrical contractor who is registered as such in any other city or village in the state shall not be required to pay a fee for being registered in this city; but every person, firm or corporation doing business in this city as an electrical contractor shall secure a certificate of registration. Such certificate shall be issued without charge to electrical contractors registered as such under the ordinances of another city or village in this state. (Ord. 1612, passed 5-6-2003) Penalty, see § 127.99

§ 127.05 LUMBER YARDS AND LUMBER STORE HOUSES.

(A) No person, firm or corporation shall establish, conduct, maintain, keep or own a lumber yard or lumber store house in the city without first having obtained a license so to do. The license fee for such licenses shall be $25 per annum.

(B) It shall be the duty of every person, firm or corporation owning or operating a lumber yard or a lumber store house to have the same equipped with sufficient fire fighting apparatus to handle any small fire which may start, and to prevent its spread. No shavings, waste, rubbish or other combustible material shall be permitted to accumulate on such premises.

(C) It shall be unlawful to pile or stack lumber in such a manner that the lumber overhangs or is in danger of falling onto any adjoining property or street, alley or other public place. All lumber shall be stacked in a compact manner.

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(D) It shall hereafter be unlawful to establish any lumber yard or lumber store house anywhere in the city where a majority of the houses within a radius of 300 feet are used exclusively for residence purposes without having secured the written consent of the owners of two-thirds of the lots or parcels of ground within such radius.

(E) It shall be the duty of the Chief of Police to make an inspection, or cause the same to be made, at least once every three months, to insure compliance with the provisions of this section and of all ordinances of the city relative to fire protection and he or she shall make immediate report of all violations thereof to the Mayor. (Ord. 1612, passed 5-6-2003) Penalty, see § 127.99

§ 127.06 SLAUGHTER HOUSES.

(A) It shall be unlawful for any person. firm or corporation within the city or within one mile of the present or future city limits, to engage in the business of slaughtering animals for food, packing them for market, or cleaning the intestines thereof, or rendering offal, fat, bones or scraps therefrom, or, of any dead carcasses or animal matter whatever, or to engage in the manufacture or production of fertilizer or glue therefrom or the manufacture of the same into fertilizing matter, or changing the form thereof in any manner by the use of heat, steam, fire or chemicals, or otherwise, without previously having obtained a license for such business.

(B) The Mayor shall from time to time, cause to be issued licenses to such persons or corporations as shall apply therefor and shall produce to him or her satisfactory evidence of their good character to exercise and carry on such business in the manner following and not otherwise.

(C) Any person or corporation desiring a license under the provisions of this section within the city or within one mile of the present or future limits thereof, shall make written application therefore to the Mayor, in which application shall be described the location at which said business is proposed to be carried on. Such application shall be accompanied by evidence that the applicant, if an individual, or the person or persons in charge of the business, if a corporation, is or are persons of good character or reputation, and are suitable persons to be entrusted with the conduct of such business.

(D) The annual license fee to conduct the business of rendering, packing meat for shipment, slaughtering, glue making, soap making, or any business of the character herein authorized, shall be $200. In addition thereto all persons or corporations conducting a rendering business shall pay an annual fee of $10 for each rendering tank, and no two plants for conducting any of the businesses herein authorized shall be carried on under one license.

(E) Any license granted under the provisions of this section may be revoked upon written notice by the Mayor whenever it shall appear to his or her satisfaction that the parties so licensed have violated any of the provisions of this or any other ordinance of the city, or any law of the state, relating to said business of slaughtering, rendering, packing, and manufacture of fertilizer or glue, or other by-products of animal matter.

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(F) No owner or person in possession, charge or control of a slaughter house shall slaughter cattle, sheep or hogs between the hours of 8:00 p.m. and 4:00 a.m. or on Sundays without first notifying the City Health Officer. No carcass of any dead animal shall be brought into any slaughter house in the city.

(G) The keeping and slaughtering of live stock and the preparation and keeping of all meat, fish, birds, fowls, and the rendering of all animal matter and the manufacture of glue and all by-products from animal matter shall be conducted in that manner which is or is generally reputed or known to be the best adapted to secure and continue their safety and wholesomeness as food, and to avoid all offensiveness of such keeping, slaughtering, rendering and manufacturing. All offensive odors arising from the handling of meat or other animal matter, melting or rendering, the treating of and caring for offal, blood or any other material stored or manufactured shall be destroyed by combustion, condensation, or other means equally effective, and according to the best and approved means and process, and not allowed to escape into the outside air.

(H) No offal or butcher’s refuse shall be conveyed through any street, avenue, alley or public place within the city without a permit from the City Health Officer, and when so conveyed shall be in vehicles constructed of one or more tight compartments.

(I) It shall constitute, and is hereby declared to be a nuisance, for any person to so steam or boil, or in any way render any animal substance as to occasion any offensive smell, or which by undergoing such process so taints the airs as to render it unwholesome or offensive to the smell or detrimental to health, within the limits of the city, or within a distance of one mile therefrom. The City Health Officer or any member of the Board of Health shall be permitted free entrance at all hours of the day or night to all buildings used for the purposes specified in this section and to make free and unrestrained examination of all apparatus or utensils used in such manufacture, or in the disposition of gases generated in such manufacture and all matters and things relative to the health of the community.

(J) No animals shall be slaughtered or the meat or any part thereof dressed or hung wholly or partly, within any streets, avenue or sidewalk or public alley or place; nor shall any blood or dirty water or other substance from such animal meat, or place of killing, or the appurtenances thereof, be allowed to run, fall or to be in any such street, avenue, sidewalk, public alley or place. Every slaughter house or any part thereof, shall at all times be kept adequately and thoroughly ventilated, and no blood shall be allowed to remain therein over night, and adequate underground connections shall be made from every such building with a public sewer, and the floor of any building on which slaughtering is done, and any yard connected therewith shall be cemented and paved with brick or other suitable material, so as not to absorb blood, and so as to carry all liquid into the sewers. No substances, other than liquid, shall be deposited or caused to run into the sewers of the city, nor shall such an amount of such liquid be deposited or run into said sewers, at any time, as will overtax their capacity, thereby causing such liquid to overflow from said sewers into any street, alley, lot, dwelling house, building, or other place in the city.

(K) No person shall boil any offal, swill or bones, nor any fat, tallow or lard, except while the same is fresh and otherwise inoffensive, nor shall the business of bone crushing, bone boiling, bone grinding, bone burning, shell burning, gut cleaning, nor the skinning of or making of glue from any dead animal

2003 S-1 114 Madison - Business Regulations or part thereof, nor the storage or keeping of scrap, fat or grease or offensive animal matter be permitted or conducted at any place within the limits of the city, or within one mile thereof, in such a manner as to generate any offensive or deleterious gas, vapor deposit or exhalation that is dangerous or detrimental to life or health. Every person engaged in the business of boiling or rendering of fat, lard or animal matter, shall cause the scrap or residuum to be so dried or otherwise prepared as effectually to deprive such material of all offensive odors, and to preserve the same entirely inoffensive immediately after the removal thereof from the receptacles in which the rendering process may be conducted.

(L) It shall be unlawful for any person or corporation to carry on, establish, prosecute or continue within the city, or within one mile thereof, the occupation, trade or business of skinning or rendering dead animals not proper for use as food, and every such establishment or place of such business existing within the city limits or within one mile thereof, is hereby declared a nuisance, and such trade, occupation or business shall be forthwith abated and discontinued.

(M) No person or corporation shall use any packing or slaughter house or any place which is occupied for the purpose of slaughtering or rendering cattle, sheep and hogs or dressing, cleaning, treating or preparing for shipment and canning, meats and other foodstuff by hand or machinery, for housing, sheltering and harboring of its employees or other persons or cause or permit the same to be used as sleeping quarters and living apartments by such employees or other persons. Any such house or place so used or occupied for sleeping or living purposes is hereby declared to be a nuisance.

(N) For the purpose of carrying any of the provisions of this section into effect it shall be the duty of the City Health Officer to cause to be detailed a sufficient number of police immediately upon complaint of any citizen to make a through and systematic examination of any plant or plants and building or buildings, and to ascertain and report any violations of this section and for this purpose investigators shall be permitted at all times to visit or enter upon any building, lot or ground within the city limits and make examination thereof. Whenever any nuisance shall be found upon any such premises the City Health Officer is hereby authorized and directed to cause the same to be summarily abated in such manner as he or she may direct. (Ord. 1612, passed 5-6-2003) Penalty, see § 127.99

§ 127.99 PENALTY.

(A) Any person, firm or corporation violating any of the provisions of §§ 127.02 through 127.05 shall be fined not less than $5 nor more than $200 for each offense for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or is permitted to continue.

(B) (1) Any person or corporation who violates, disobeys, or refuses to comply with, or who resists the enforcement of any of the provisions of § 127.06, or who refuses or neglects to obey any rule, order, or sanitary regulation made by the City Health Officer or Board of Health under the authority of § 127.06, shall be fined not less than $25 nor more than $200 for each offense.

2003 S-1 Industrial Business Licenses 115

(2) Any person or corporation who shall hereafter engage in the business of slaughtering live stock or rendering animal matter, or the manufacture of any of the by-products of animal matter at any place within the city, or within one mile of the limits thereof, without first having obtained a license as herein provided, shall be fined not less than $25 and not exceeding $200 for each offense, and a further penalty of $25 for each and every day such person or corporation continues in such violation after the first offense. Provided, that in all cases where a urn-sauce shall be found in any building or upon any ground or other premises used for slaughtering, rendering, or the conduct of any business mentioned in this section, 24 hours notice shall be given in writing signed by the City Health Officer, to the owner or occupant of such building or other premises, where he or she is known and can be found, to remove such nuisance, and in case of his or her neglect or refusal to abate the same, in accordance with such notice, the City Health Officer is hereby authorized in his or her discretion to cause the same to be summarily abated in such manner as he or she may direct, and such person or corporation shall be chargeable with the expense which may be incurred in the abatement or removal of such nuisance, to be collected by suit or otherwise, in addition to the fine and penalty herein provided for. (Ord. 1612, passed 5-6-2003)

2003 S-1 116 Madison - Business Regulations CHAPTER 128: SPECIFIC LICENSING PROVISIONS

Section

128.01 Barber shops 128.02 Building movers 128.03 Expressmen, draymen and carters 128.04 Florists 128.05 Household pet dealers 128.06 Real estate and insurance brokers 128.07 Taxicab and taxicab drivers 128.08 Undertakers

128.99 Penalty

§ 128.01 BARBER SHOPS.

(A) A barber shop is a place where hair is cut, cleansed, treated or dressed, or the face shaved or beard trimmed for hire, and where also manicure, chiropody or massage treatments are sometimes furnished for hire. This definition shall also include hair-dressing establishments and beauty shops commonly patronized by women.

(B) Every barber shop, hair-dressing establishment and beauty shop now operating or hereafter operating in the city shall be open at all reasonable times for inspection by the City Health Officer and the owner or owners, or manager and all employees therein shall conform strictly with all the provisions and regulations of this section.

(C) No person shall be employed in a barber shop, hair-dressing establishment or beauty shop in the city as a barber, hair-dresser, manicurist, masseur or masseuse, chiropodist or attendant who is suffering from any communicable disease.

(D) All places used as barber shops, hair-dressing establishments, or beauty shops, together with the furniture fixtures, tools, implements, linen and other appliances, shall be kept in a clean and sanitary condition at all times.

(E) Every barber shop, hair-dressing establishment and beauty shop shall be equipped with and use running hot and cold water.

(F) At least one clean towel, one clean face cloth or sanitary paper shall be used for each customer.

2003 S-1 117 118 Madison - Business Regulations

(G) The common use of powder puffs or sponges is hereby prohibited.

(H) No alum or other astringent shall be used in stick form. Such astringent, if used at all, must be used in powder form.

(I) No owner or employee of any barber shop or hair-dressing establishment shall permit any person to use the head-rest of any barber’s chair or hair-dressing chair under his or her control unless said head-rest shall be covered with a fresh towel or sanitary paper for each customer. Shaving mugs, including shaving soap and brushes, must be thoroughly scalded before being used for each customer.

(J) No person affected with any disease of the face or head shall have the same barbered or treated in any manner in a barber shop or hair-dressing establishment in the city, nor shall any person with hand or hands diseased be manicured therein.

(K) Every person in every barber shop or hair-dressing establishment in the city, while serving customers shall wear a clean, washable apron or coat, which shall be kept clean.

(L) No person, firm or corporation shall establish, maintain or operate any barber shop, hair-dressing establishment or beauty shop, as defined in division (A), without first having obtained a license as hereinafter provided.

(M) (1) Any person, firm or corporation desiring a license to establish, maintain or operate a barber shop, hair-dressing establishment or beauty shop, as defined in division (A) of this section, shall make written application for a license so to do, in accordance with the provisions of Chapter 110, upon which application shall be stated the training and experience of the applicant, the time or place where the said applicant obtained his or her required diploma or state license, and the place or places at which, it is intended or desired to conduct said barber shop or hair-dressing establishment.

(2) The City Health Officer shall then make an investigation of the premises, named in such application, for the purpose of determining the fitness and suitability of said premises for the conduct of such business from a sanitary standpoint. He or she shall also cause an investigation to be made of the applicant and the qualifications, mentioned in the application to determine whether the applicant is of good character and reputation and to determine if all the ordinances of the city and the laws of the state relative to the operation and maintenance of barber shops and hair-dressing establishments have been complied with, and also if all the necessary precautions are and will be taken in said establishment to prevent the spread of contagious or communicable diseases.

(3) The City Health Officer upon completion of such investigation, shall transmit such application to the Mayor together with a recommendation for or against the issuance of such a license. If the applicant or applicants or its chief officer (if the applicant be a corporation) is or are of good moral character and repute, and the person or persons employed hold the proper state license in every case where the same is required, the Mayor shall, upon payment of such applicant of the license fee herein fixed, authorize the issuance of a license to conduct a barber shop, hair-dressing establishment or beauty shop.

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(N) The annual license fee for a barber shop, hairdressing establishment or beauty shop shall be $10 for each establishment employing not more than three persons, and in addition thereto $3 for each additional person employed in such an establishment.

(O) The City Health Officer, may at any time, recommend the revocation of any license issued under the terms of the foregoing sections, and the Mayor shall revoke such license whenever it shall appear to his or her satisfaction from the recommendations of the City Health Officer, or otherwise, that the licensee has violated the provisions of any ordinance of the city, or of any law of the state relating to the carrying on the business named in such license. (Ord. 1612, passed 5-6-2003) Penalty, see § 128.99

§ 128.02 BUILDING MOVERS.

(A) No person, firm or corporation shall move any building on, through or over any street, alley, sidewalk or other public place in the city without first having obtained a permit to do so. Applications for such permits shall be made in writing to the Mayor and shall state thereon the proposed route and the number of days it is intended that the building should occupy any portion of any street, alley, sidewalk or other public place. The Mayor shall refer such applications to the Superintendent of Streets for his or her approval.

(B) Upon the approval of the intended route by the Superintendent of Streets, a fee of $10 for each day or fraction thereof that it is intended that the building shall occupy any portion of any street, alley, sidewalk or other public place shall be paid to the City Collector. An additional payment of $10 for each day or fraction thereof over and above the time stated on the permit during which any building shall occupy any such street, alley, sidewalk or other public place, shall be paid.

(C) Every person, firm or corporation applying for a permit under this section shall submit with such application a bond in the sum of $2,000 with at least two good and sufficient sureties to be approved by the Mayor, conditioned on the applicant’s compliance with all provisions of this section, and agreeing to pay and holding the city harmless from any claim, loss, damage or liability which may result by reason of the occupation of any street, sidewalk, alley or other public place by the building or structure moved.

(D) Whenever a street or alley is blocked by a house or structure which is being moved, warnings to that effect shall be placed by the Superintendent of Streets so as to warn vehicles and persons from entering that portion of the street which is so blocked. The person, firm or corporation moving any building through the streets shall keep warning signs and lanterns or lights at night on the building to prevent accidents.

(E) No building shall be moved over, on or across any public street, alley, sidewalk or other public way in the city unless the consent of the owners of two-thirds of the lots within a radius of 300 feet of the proposed new location to such new location of the building is first obtained in writing and filed with the City Clerk.

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(F) Whenever it shall be necessary to interfere with wires or cables of a public utility in moving a building the terms of all special franchise ordinance governing shall apply and the bond therein specified shall be given. Notice to the local agent of such utility shall be given in any event. If no such terms apply then the Superintendent of Streets shall estimate the expense of fixing the wires and the bond to be given to cover this. Either party dissatisfied with his or her decision may appeal to the Mayor who shall thereupon determine the fair cost and bond. (Ord. 1612, passed 5-6-2003) Penalty, see § 128.99

§ 128.03 EXPRESSMEN, DRAYMEN AND CARTERS.

(A) No person shall, within the limits of the city, pursue the occupation of a public expressman, carter, wagoner, drayman, or any like occupation for the carriage of goods, wares, merchandise, or other property, or in pursuing such occupation either obtain or deliver the same for hire, profit or gain, without a license, for which license he or she shall pay an annual license fee of $15. The fact that such person may have procured a license from another municipality within or outside of the state to pursue such occupation shall not exempt such person from the provisions of this section.

(B) Every vehicle used for such business shall have printed thereon in a place easily visible from the side of the vehicle, the name and address of the owner in letters legible to one of normal eyesight at a distance of 25 feet. (Ord. 1612, passed 5-6-2003) Penalty, see § 128.99

§ 128.04 FLORISTS.

(A) No person, firm or corporation shall engage in the business or pursue the occupation of a florist, within the city, without first having obtained a license to do so.

(B) The annual fee for such licenses shall be $10. (Ord. 1612, passed 5-6-2003) Penalty, see § 128.99

§ 128.05 HOUSEHOLD PET DEALERS.

(A) It shall be unlawful to engage in the business of dealer in birds, cats, dogs or other household pets in the city without first having obtained a license therefor.

(B) Premises used for such purposes shall be kept in a clean and sanitary condition, and shall be thoroughly cleaned at least once a day. No refuse shall be allowed, to accumulate thereon for a longer period than 24 hours; and the premises shall be kept well ventilated.

(C) Any diseased animals on such premises shall be kept in separate quarters so that there shall be no danger of a spread of any disease from one animal to another.

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(D) The City Health Officer shall make or cause to be made such inspections as may be necessary to see to the enforcement of the provisions of this section.

(E) The fee to be paid for such licenses shall be $10 per annum. (Ord. 1612, passed 5-6-2003) Penalty, see § 128.99

§ 128.06 REAL ESTATE AND INSURANCE BROKERS.

(A) No person, firm or corporation shall operate or conduct the business of real estate or insurance broker without first being licensed therefor. Applications for licenses shall be made in writing in accordance with Chapter 110, and no license shall be issued to anyone who has not obtained a certificate of registration as required by laws of this state.

(B) No such license shall be issued to anyone who has been found guilty of fraudulent practices in violation of the state statute in relation to real estate or insurance brokers, and real estate or insurance brokers licenses may be revoked for such fraudulent practices.

§ 128.07 TAXICAB AND TAXICAB DRIVERS.

(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

DRIVER. Every person in charge of, or operating, any taxicab as herein defined either as agent, employee or otherwise.

OWNER. Any person, firm, corporation or association, who has bona fide legal title or control, direction, operation, maintenance, leasing or the collection of revenues derived from such taxicabs so operated for hire on the streets of the city.

TAXICAB. All motor vehicles propelled and operated for passenger hire subject to call from a stand, station or garage, or otherwise operating for hire, except motor buses running and operating on established routes and funeral vehicles.

(B) (1) It shall be unlawful for any person to drive, operate, or be in charge of any taxicab without first having obtained a license so to do.

(2) Applicants for such licenses shall file with the Mayor an application in writing upon blanks to be furnished by the City Clerk. Said application shall state the experience of the applicant in driving motor vehicles, the physical condition, including the eyesight and hearing of the applicant, and whether

2003 S-1 122 Madison - Business Regulations such person has ever been convicted for violation of the motor vehicle, or traffic ordinances or laws, either city, county, state or federal; and the number of times, if any, and the various offenses charged.

(3) In case such application is for an original license and not the renewal of a license previously issued, such application shall be accompanied by the signed statement of a practicing physician that applicant is physically fit to operate a taxicab and has no uncorrected defects in eyesight and no impairment of hearing.

(4) The Mayor shall investigate the facts stated in said application before issuing such license, and shall not grant such license to any person who is less than 18 years of age, or who is not physically or morally a person who should be permitted to operate such taxicab, or where the safety of the public might be endangered by the granting of such license. Every license so granted shall entitle the holder thereof to drive a licensed taxicab for one current license year upon the payment of the license fee.

(C) No person, firm, corporation or association shall use or occupy any street, alley, or other public place within the limits of the city for the purpose of carrying passengers for hire without first obtaining a license therefor.

(D) Any person, firm, corporation or association desiring a license for any taxicab shall:

(1) File an application with the Mayor upon a form provided for that purpose setting forth the name, business and residence address of the applicant, a full description of the motor vehicle for which a license is desired (make, model, motor and engine number, number of passengers that may be accommodated in any such motor vehicle), place where such motor vehicle is to be kept when not in use, the number and kinds of other motor vehicles owned by said applicant, the state license number of such motor vehicles and any such other information as the Mayor may from time to time desire.

(2) Exhibit satisfactory proof to the Mayor that the provisions of the statutes of the state relating to carriage of passengers for hire have been complied with.

(3) Pay to the City Collector the license fee hereinafter provided for the full annual period for which such license is issued, which fee, in event such license is not issued, shall be refunded by the City Collector to such applicant. In the event said applicant fully complies with the foregoing conditions and other provisions of this section and pays the license fee hereinafter specified for such taxicab, the Mayor shall issue or cause to be issued, the license applied for, which shall be attested by the City Clerk and the City Collector and shall authorize the use of such motor vehicle for the transportation of persons for hire upon the streets and public thoroughfares of the city for the remainder of the calendar year during which such license is issued.

(E) The following license fees shall be paid:

(1) For each original Driver’s License, or renewal thereof, $2.

2003 S-1 Specific Licensing Provisions 123

(2) For each taxicab license, or renewal thereof, $100 provided that any licensee hereunder may obtain a license to operate additional taxicabs not to exceed three in number without the payment of any further license fee; for each additional taxicab over three an annual license fee of $25 shall be paid. All licenses issued hereunder shall terminate on April 30 of each year. No license shall be issued for less than a year unless less than six months of the fiscal year remains, in which case one half of said license fee shall be paid.

(F) There shall be kept in the office of the City Collector a complete record of each taxicab license and of each license issued to a driver, and of all renewals, suspensions and revocations thereof, which record shall be kept on file with the original applications for licenses.

(G) Any articles left by any passenger in any taxicab licensed hereunder, shall be immediately delivered by the driver thereof to the Police Department of this city.

(H) No taxicab shall be managed, operated or controlled so as to violate any parking or traffic ordinances of this city, nor stand or be managed, operated or controlled so as to obstruct traffic, or so as to interfere with the free movement of traffic upon any street, alley or public way in this city.

(I) When any passenger hires the service of any taxicab as herein defined, such passenger shall be immediately loaded in such taxicab and shall immediately be taken to his or her or her destination by the nearest traveled route as the condition of the streets or public ways permit, unless otherwise requested by such passenger or passengers.

(J) No unemployed taxicab, as herein defined, shall stand or be permitted to stand upon any portion of the public streets or alleys or public places of this city, except for such time as is necessary to load or unload passengers, excepting in such portions of the public streets, alleys or other public ways of this city as shall be from time to time designated by the City Council as taxicab stands and allotted to the particular licensee in question.

(K) Other than no more passengers shall defined, operating on the of the city than there is for.

(L) No person shall operate a taxicab or cause the same to be done unless the taxicab is in a condition thoroughly safe for the transportation of passengers, clean, of good appearance, well painted, and in good mechanical condition. Every owner of a taxicab shall furnish semi-annually to the Chief of Police, and at which other times as the Chief of Police may require a proof of the good mechanical condition of each taxicab, which shall consist of a certificate from the operator of a public garage designated by the Chief of Police, indicating that mechanical inspection of the taxicab has been made by such person or his or her agent, and that the steering apparatus. brakes and lighting equipment are in good operating condition. The owner shall be required to furnish such certificate at his or her own expense.

(M) No person shall drive any taxicab, as herein defined, in this city who is under 18 years of age, nor while under the influence of any intoxicating or spirituous liquor.

2003 S-1 124 Madison - Business Regulations

(N) No person, firm, corporation or association shall operate a taxicab in the city unless such taxicab shall have painted in letters at least two inches in height on at least one door on each side of the taxicab the name of the owner thereof. If the taxicab is owned by a corporation such fact shall be indicated and if operating under a firm name, the name of the actual owner or owners shall be registered in the office of the City Collector. If any person, owns more than one taxicab a distinguishing number shall be placed on each taxicab in the manner hereinbefore provided in regard to the name of the owner.

(O) It shall be the duty of the police officers to summarily arrest any person violating provisions of this section, and to cause the removal from the streets of the city of any taxicab operated or parked in violation of the provisions of this section, and to immediately appear before the Police Magistrate or a Justice of the Peace and make proper complaint thereto.

(P) The Mayor shall have the right to revoke any license issued hereunder for the violation of any of the provisions of this section. (Ord. 1612, passed 5-6-2003) Penalty, see § 128.99

§ 128.08 UNDERTAKERS.

(A) It shall be unlawful for any person, firm or corporation to operate or maintain an undertaking establishment in the city without first having obtained a license to do so. Applications for such license shall be made in accordance with the provisions of Chapter 110.

(B) No undertaking establishment shall be used for the purpose of exposing or exhibiting the body of any deceased person to the public, other than to friends and relatives of the deceased.

(C) Every undertaking establishment shall be conducted in compliance with the rules and regulations of the Board of Health and in such a manner as not to subject the public or any person to contagious diseases. Such establishments shall at all times be kept in a clean and sanitary condition.

(D) It shall be the duty of the City Health Officer and he or she is hereby authorized and empowered to inspect and examine all undertaking establishments from time to time for the purpose of ascertaining whether all of the ordinances of the city and the regulations of the Board of Health are being complied with at such establishments. A record of each inspection shall be made and kept on file in his or her office, and a copy thereof shall be furnished to the Mayor. The City Health Officer, upon making such inspection, shall issue a certificate showing that such undertaking establishment is conducted in compliance with the city ordinances, and the regulations of the Board of Health, if such inspection warrants.

(E) It shall hereafter be unlawful to establish an undertaking establishment in any place where a majority of the buildings within a radius of 400 feet are used exclusively for residence purposes without first having secured the written consent of the owners of a majority of the lots or parcels of ground within such radius.

2003 S-1 Specific Licensing Provisions 125

(F) The fee for a license to operate or maintain an undertaking establishment shall be $25 per year. (Ord. 1612, passed 5-6-2003) Penalty, see § 128.99

§ 128.99 PENALTY.

(A) Any owner, barber, hair-dresser, beauty shop operator, or other operative or employee of such barber shop, hair-dressing establishment or beauty shop violating any of the provisions of § 128.01, shall be fined not less than $5 nor more than $100 for each offense; and every day that such violation shall continue shall constitute a separate and distinct offense.

(B) Any person, firm or corporation violating any provision of § 128.02 shall be fined not less than $1 nor more than $100 for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

(C) Any person, firm or corporation who shall violate or neglect to comply with any of the provisions of § 128.03 shall be fined not less than $5 nor more than $100 for each offense.

(D) Any person, firm or corporation who shall violate any of the provisions of §§ 128.04 or 128.08 shall, upon conviction thereof, be fined not less than $10 nor more than $100.

(F) Any person, firm or corporation violating any of the provisions of §§ 128.05 or 128.07 shall be fined not less than $5 nor more than $200 for each offense and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

(G) Any person, firm or corporation violating any of the provisions of § 128.06 shall be fined not less than $25 nor more than $100 for each offense, and each day upon which a violation occurs or continues shall be considered a separate and distinct offense. (Ord. 1612, passed 5-6-2003)

2003 S-1 126 Madison - Business Regulations CHAPTER 129: CANNABIS BUSINESS ESTABLISHMENTS PROHIBITED

Section

129.01 Definitions 129.02 Cannabis business establishments prohibited 129.03 Public nuisance declared

§ 129.01 DEFINITIONS.

For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ADULT-USE CANNABIS CRAFT GROWER. A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization, per the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time to time, and regulations promulgated thereunder.

ADULT-USE CANNABIS CULTIVATION CENTER. A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the Cannabis Regulation and Tax Act (PA. 101-0027), as it may be amended from time to time, and regulations promulgated thereunder.

ADULT-USE CANNABIS DISPENSING ORGANIZATION. A facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time to time, and regulations promulgated thereunder.

ADULT-USE CANNABIS ESTABLISHMENT. A cultivation center, craft grower, processing organization, infuser organization, dispensing organization or transporting organization.

2021 S-13 127 128 Madison - Business Regulations

ADULT-USE CANNABIS INFUSER ORGANIZATION or INFUSER. A facility operated by or organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product, per the Cannabis Regulation and Tax Act (PA. 101-0027), as it may be amended from time to time, and regulations promulgated thereunder.

ADULT-USE CANNABIS PROCESSING ORGANIZATION or PROCESSOR. A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce formulation to produce a cannabis product, per the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time to time, and regulations promulgated thereunder.

ADULT-USE CANNABIS TRANSPORTING ORGANIZATION or TRANSPORTER. An organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time to time, and regulations promulgated thereunder.

PERSON. Any person, firm, corporation, association, club, society or other organization, including any owner, manager, proprietor, employee, volunteer or agent. (Ord. 1840, passed 1-7-2020)

§ 129.02 CANNABIS BUSINESS ESTABLISHMENTS PROHIBITED.

The following adult-use cannabis business establishments are prohibited in the city. No person shall locate, operate, own, suffer, allow to be operated or aid, abet or assist in the operation within the city of any of the following:

(A) Adult-use cannabis craft grower;

(B) Adult-use cannabis cultivation center;

(D) Adult-use cannabis infuser organization or infuser;

(E) Adult-use cannabis processing organization or processor;

(F) Adult-use cannabis transporting organization or transporter. (Ord. 1840, passed 1-7-2020) Penalty, see § 10.99

2021 S-13 Cannabis Business Establishments Prohibited 129

§ 129.03 PUBLIC NUISANCE DECLARED.

Operation of any prohibited cannabis business establishment within the city in violation of the provisions of this chapter is hereby declared a public nuisance and shall be abated pursuant to all available remedies. (Ord. 1840, passed 1-7-2020) Penalty, see § 10.99

2021 S-13 130 Madison - Business Regulations TITLE XIII: GENERAL OFFENSES

Chapter

130. GENERAL OFFENSES

131. WEAPONS

132. OFFENSES AGAINST PUBLIC HEALTH AND SAFETY

133. OFFENSES AGAINST PERSONS

1 2006 S-4 2 Madison - General Offenses CHAPTER 130: GENERAL OFFENSES

Section

130.01 School attendance; truancy 130.02 Soliciting contributions 130.03 Theft 130.04 Trespassing 130.05 Property damage 130.06 Curfew 130.07 Paved municipal parcels and lots

130.99 Penalty

§ 130.01 SCHOOL ATTENDANCE; TRUANCY.

(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CITY. The City of Madison, Illinois.

PERSON. Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate or any other legal entity or their legal representative, agent or assigns.

TRUANT. A child subject to compulsory school attendance and who is absent without valid cause from the attendance for a school day or portion thereof.

VALID CAUSE FOR ABSENCE. Illness, death in the immediate family or family emergency and shall include such other situations beyond the control of the student, as determined by the Board of Education in each district, or other circumstances which cause reasonable concern to the parent for the safety or health of the student.

(B) Compulsory school age; exemptions.

(1) Every child between the ages of seven and 16 years shall attend some public school in the district wherein the child resides the entire time it is in session during the regular school term, except as provided in ILCS Ch. 105, Act 5, § 10-19.1, as amended; provided, that the following children shall not be required to attend the public schools:

3 2017 S-11 4 Madison - General Offenses

(a) Any child attending a private or a parochial school where children are taught the branches of education taught to children of corresponding age and grade in the public schools and where the instruction of the child in the branches of education is in the English language;

(b) Any child who is physically or mentally unable to attend school, the disability being certified to the County Superintendent of Schools or the Superintendent of the Public Schools, which the child should be attending by a competent physician; or who is excused for temporary absence for cause by the principal or teacher of the school which the child attends; (The exemptions in this division (B)(1)(b) do not apply to any female who is pregnant or the mother of one or more children, except where a female is unable to attend school due to a complication arising from her pregnancy and the existence of the complication is certified to the County Superintendent of Schools or the Superintendent of the Public Schools which the child should be attending by a competent physician.)

(c) Any child necessarily and lawfully employed according to the provisions of the law regulating child labor may be excused from attendance at school by the County Superintendent of Schools or the Superintendent of the Public School which the child should be attending, on certification of the facts by and the recommendation of the School Board of the Public School District in which the child resides; and (In districts having part time continuation schools, children so excused shall attend such schools at least eight hours each week.)

(d) Any child over 12 and under 14 years of age while in attendance at confirmation classes.

(2) Whoever has custody or control of any child between the ages of seven and 16 years shall cause the child to attend some public school in the district wherein the child resides the entire time it is in session during the regular school term, except as provided in ILCS Ch. 105, Act 5, § 10-19.1, as amended.

(1) Every child who is below the age of seven years or above the age of 16 years and who is enrolled in any of grades 1 through 12 in the public school shall attend the public school in the district wherein he or she resides when it is in session during the regular school term unless he or she is excused under divisions (B)(1)(a) through (d) above.

(2) Any person having custody or control of a child who is below the age of seven years or above the age of 16 years and who is enrolled in any grade one through 12, in the public school shall cause him or her to attend the public school in the district wherein he or she resides when it is in session during the regular school term unless he or she is excused under divisions (B)(1)(a) through (d)above.

(D) Punishment for certain offenses. Any person who induces or attempts to induce any child to be absent from school unlawfully, or who knowingly employs or harbors, while school is in session, any child absent unlawfully from school for one or more consecutive school days, is guilty of violations of this section. General Offenses 5

(E) Presumptions. Whenever a child subject to the provisions of this section is truant, the presumption is created that the person having custody or control of the child knowingly and willfully permitted the child to be truant, but that presumption may be rebutted.

(F) Construction. The provisions of this section shall in no way be construed to limit or reduce the authority granted to the respective school officers, teachers or truant officers in the Illinois School Code, ILCS Ch. 122, Act 26, as amended. (Ord. 1035, passed 10-25-1983) Penalty, see § 130.99

§ 130.02 SOLICITING CONTRIBUTIONS.

(A) Permit required. No person shall stand on any street, highway or roadway within the corporate limits of the city for the purpose of soliciting contributions from the occupant of any vehicle unless the person shall satisfy all the requirements of this section and unless a solicitation permit has been obtained from the City Clerk.

(B) Authorized intersections. Solicitation conducted on a street, highway or roadway within the city pursuant to a permit issued under the authority of this section shall be undertaken only at the following intersections:

(1) Madison Avenue and Sixth Street;

(2) Madison Avenue and Twelfth Street.

(C) Authorized times. Any solicitation conducted on a street, highway or roadway within the city pursuant to a permit issued under the authority of this section shall be undertaken only between the hours of 7:30 a.m. and 5 p.m.

(D) Eligible agencies. Any person conducting solicitation under the authority of this section shall be affiliated with an eligible soliciting agency which shall be:

(1) Registered with the Attorney General as a charitable organization as provided by ILCS Ch. 225, Act 460, §§ 1 et seq., “An Act to regulate solicitation and collection of funds for charitable purposes, providing for violations thereof, and making an appropriation therefor.”

(2) Engaged in a statewide fund raising activity; and

(3) Liable for any injuries to any person or property during the solicitation which is causally related to an act of ordinary negligence of the soliciting agent.

(E) Application for permit. A person seeking issuance of a solicitation permit under this section shall file an application therefor with the City Clerk on forms of the City Clerk’s specifications. An 6 Madison - General Offenses application for a solicitation permit shall be filed with the City Clerk not less than 30 days nor more than 90 days before the date on which such agency proposes to conduct the solicitation. The application for a solicitation permit shall set forth and include the following:

(1) The name, address and telephone number of the person executing the application;

(2) The name, address and telephone number of the headquarters of the particular soliciting agency;

(3) The name, address and telephone number of the person acting as chairman of the solicitation program for which the application is being made;

(4) The date of the proposed solicitation;

(5) The intersection(s) at which the solicitation is proposed;

(6) The number of persons (not to exceed six) to be stationed and actively engaged in the solicitation of occupants of motor vehicles at any given time;

(7) The time at which the proposed solicitation will begin and terminate;

(8) A statement that the soliciting agency agrees to the assumption of the liability for any injuries to person or property as provided in division (D)(3), supra and agrees to provide with the application evidence of insurance covering such liability;

(9) An agreement, signed by the applicant, to indemnify, hold harmless and defend the city and its officers, employees, contractors and agents of and from all liability and claims of liability for injury to persons or property which shall be caused by or related in any way to the activity to be carried on by the applicant pursuant to the terms of the permit granted hereunder. In addition, the applicant shall furnish and maintain a general policy of liability insurance designating the city and its officers, employees, agents and contractors as additional insureds. The policy of insurance shall have a combined single limit coverage of $1,000,000 and shall be paid in full and be noncancellable during the entire time period for which the permit application is made. Certification of such insurance in force shall be submitted by the applicant along with the permit application; and

(10) Any additional information which the City Clerk finds reasonably necessary to a fair determination as to whether a permit should issue.

(F) Issuance of permit; notice of decision.

(1) The City Clerk shall refer the application to the City Council which may issue a solicitation permit as provided for in this section when, from a consideration of the application and from such other information as may otherwise be obtained, the City Council finds that: General Offenses 7

(a) The conduct of the solicitation will not substantially interrupt the safe and orderly movement of traffic at the location(s) requested;

(b) The conduct of such solicitation and the concentrations of persons involved therein will not unduly interfere with proper fire and police protection of or ambulance service to contiguous areas in the city.

(2) The City Council shall act upon the application for a solicitation permit at the next regular meeting of the City Council occurring at least five days after the filing of the application. The City Clerk shall notify the applicant of the approval or rejection of the application within five days of such action by the City Council.

(G) Contents of permit; permit to be present at solicitation site. Each solicitation permit issued pursuant to this section shall state the name of the organization and/or agency involved, the particular intersections) at which the solicitation is to be undertaken and the date and time period during which the solicitation is to be undertaken. One permit shall be issued for each location used and said permit shall be in the possession of one of the persons soliciting at each location at all times.

(H) Age requirements, safety vests. Any person engaged in solicitation as authorized by this section shall be 16 years of age or more and shall wear a high-visibility vest or other such garment.

(I) Penalty. Any person, firm, association, partnership or corporation violating any provision of this section shall be subject to a fine in an amount not less than $50 nor greater than $750 per each offense. (Ord. 961, passed 4-1-1980; Am. Ord. 1568, passed 12-18-2001) Penalty, see § 130.99

§ 130.03 THEFT.

A person commits theft when he or she knowingly:

(A) Obtains or exerts unauthorized control over property of the owner;

(B) Obtains, by deception, control over property of the owner;

(D) Obtains control over stolen property knowing the property to have been stolen by another or under such circumstances as would reasonably induce him or her to believe that the property was stolen and:

(1) Intends to deprive the owner permanently of the use or benefit of the property; 8 Madison - General Offenses

(2) Knowingly uses, conceals or abandons the property in such manner as to deprive the owner permanently of the use or benefit; or

(3) Uses, conceals or abandons the property knowing the use, concealment or abandonment probably will deprive the owner permanently of the use or benefit. (Ord. 819, passed 5-13-1969) Penalty, see § 130.99

§ 130.04 TRESPASSING.

(A) (1) A person commits criminal trespass to real property when he or she:

(a) Knowingly and without lawful authority enters or remains within or on a building; or

(b) Enters upon the land of another, after receiving prior to the entry notice from the owner or occupant that the entry is forbidden;

(d) Presents false documents or falsely represents his or her identity orally to the owner or occupant of a building or land in order to obtain permission from the owner or occupant to enter or remain in the building or on the land;

(e) Intentionally removes a notice posted on residential real estate as required by ILCS Ch. 735, Act 5, § 15-1505.8(l) before the date and time set forth in the notice; or

(f) Enters a field used or capable of being used for growing crops, an enclosed area containing livestock, an agricultural building containing livestock, or an orchard in or on a motor vehicle (including an off-road vehicle, motorcycle, moped, or any other powered two-wheel vehicle) after receiving, prior to entry, notice from the owner or occupant that the entry is forbidden or remains upon or in the area after receiving notice from the owner or occupant to depart.

(2) For purposes of this division (A), this section shall not apply to being in a building which is open to the public while the building is open to the public during its normal hours of operation, nor shall this section apply to a person who enters a public building under the reasonable belief that the building is still open to the public.

(B) (1) A person has received notice from the owner or occupant within the meaning of division (A) if the person has been notified personally, either orally or in writing, including a valid court order as defined by ILCS Ch. 725, Act 5, § 112A-3 granting remedy (2) of ILCS Ch. 725, Act 5, § 112A-14(b), or if a printed or written notice forbidding such entry has been conspicuously posted or exhibited at the main entrance to the land or the forbidden part thereof.

2013 S-10 General Offenses 9

(2) (a) Subject to the provisions of division (B)(3), as an alternative to the posting of real property as set forth in division (B)(1), the owner or lessee of any real property may post the property by placing identifying purple marks on trees or posts around the area to be posted. Each purple mark shall be:

1. A vertical line of at least eight inches in length and the bottom of the mark shall be no less than three feet nor more than five feet high. Such marks shall be placed no more than 100 feet apart and shall be readily visible to any person approaching the property; or

2. A post capped or otherwise marked on at least its top two inches. The bottom of the cap or mark shall be not less than three feet but not more than five feet six inches high. Posts so marked shall be placed not more than 36 feet apart and shall be readily visible to any person approaching the property. Prior to applying a cap or mark which is visible from both sides of a fence shared by different property owners or lessees, all such owners or lessees shall concur in the decision to post their own property.

(b) Nothing in this division (B)(2) shall be construed to authorize the owner or lessee of any real property to place any purple marks on any tree or post or to install any post or fence if doing so would violate any applicable law, rule, ordinance, order, covenant, bylaw, declaration, regulation, restriction, contract, or instrument.

(C) This section does not apply to any person, whether a migrant worker or otherwise, living on the land with permission of the owner or of the owner’s agent having apparent authority to hire workers on the land and assign them living quarters or a place of accommodations for living thereon, nor to anyone living on such land at the request of or by occupancy, leasing, or other agreement or arrangement with the owner or the owner’s agent, nor to anyone invited by such migrant worker or other person so living on the land to visit him or her at the place that person is so living upon the land.

(D) (1) A person shall be exempt from prosecution under this section if the person beautifies unoccupied and abandoned residential and industrial properties located within any municipality.

(2) For the purpose of this division (D), UNOCCUPIED AND ABANDONED RESIDENTIAL AND INDUSTRIAL PROPERTY means any real estate:

(a) In which the taxes have not been paid for a period of at least two years; and

(b) Which has been left unoccupied and abandoned for a period of at least one year.

(3) For the purpose of this division (D), BEAUTIFIES means to landscape, to clean up litter, or to repair dilapidated conditions on, or to board up windows and doors.

(E) (1) No person shall be liable in any civil action for money damages to the owner of unoccupied and abandoned residential and industrial property which that person beautifies pursuant to division (D) of this section.

2013 S-10 10 Madison - General Offenses

(2) (a) A mortgagee or agent of the mortgagee shall be exempt from prosecution for criminal trespass for entering, securing, or maintaining an abandoned residential property.

(b) No mortgagee or agent of the mortgagee shall be liable to the mortgagor or other owner of an abandoned residential property in any civil action for negligence or civil trespass in connection with entering, securing, or maintaining the abandoned residential property.

(c) For the purpose of this division (E)(2) only, ABANDONED RESIDENTIAL PROPERTY means mortgaged real estate that the mortgagee or agent of the mortgagee determines in good faith meets the definition of abandoned residential property set forth in ILCS Ch. 735, Act 5, § 15-1200.5.

(F) This section does not prohibit a person from entering a building or upon the land of another for emergency purposes. For purposes of this division (F), EMERGENCY means a condition or circumstance in which an individual is or is reasonably believed by the person to be in imminent danger of serious bodily harm or in which property is or is reasonably believed to be in imminent danger of damage or destruction.

(G) Division (A)(1)(d) of this section does not apply to a peace officer or other official of a unit of government who enters a building or land in the performance of his or her official duties.

(H) (1) A person may be liable in any civil action for money damages to the owner of the land he or she entered upon with a motor vehicle as prohibited under division (A)(3) of this section. A person may also be liable to the owner for court costs and reasonable attorney’s fees.

(a) The measure of damages shall be:

1. The actual damages, but not less than $250, if the vehicle is operated in a nature preserve or registered area as defined in §§ 3.11 and 3.14 of the Illinois Natural Areas Preservation Act;

2. Twice the actual damages if the owner has previously notified the person to cease trespassing; or

3. In any other case, the actual damages, but not less than $50.

(b) If the person operating the vehicle is under the age of 16, the owner of the vehicle and the parent or legal guardian of the minor are jointly and severally liable.

(2) For the purposes of this division (H) the following definitions apply:

LAND. Includes but is not limited to land used for crop land, fallow land, orchard, pasture, feed lot, timber land, prairie land, mine spoil nature preserves and registered areas. LAND does not include driveways or private roadways upon which the owner allows the public to drive.

2013 S-10 General Offenses 10A

OWNER. The person who has the right to possession of the land, including the owner, operator or tenant.

VEHICLE. Has the same meaning as provided under Section 1-217 of the Illinois Vehicle Code.

(I) This section does not apply to the following persons while serving process:

(1) A person authorized to serve process under ILCS 735, Act 5, § 2-202; or

(2) A special process server appointed by the circuit court. (ILCS Ch. 720, Act 5, § 21-3) Penalty, see § 130.99

§ 130.05 PROPERTY DAMAGE.

(A) It shall be unlawful to:

(1) Knowingly damage any city property.

(2) Recklessly, by means of fire or explosion, damage city property.

(3) Knowingly start a fire on city land.

(4) Knowingly deposit on city land or in a city building any stink bomb or any offensive- smelling compound which thereby tends to interfere with the use by the city of its land or buildings.

(B) For the purposes of this section, PROPERTY means anything of value including but not limited to real estate, money, commercial instruments, written instruments representing or embodying rights concerning anything of value, labor, or services, things affixed to or found on land or part of or affixed to any building, electricity, gas, or water. (ILCS Ch. 720, Act 5, § 21-1) Penalty, see § 130.99 Statutory reference: Additional prohibitions; felonies, see ILCS Ch. 720, Act 5, § 21-1

§ 130.06 CURFEW.

(A) Finding and purpose.

(1) The City Council hereby finds there has been a significant breakdown in the supervision and guidance normally provided by certain parents for juveniles or minors under 18 years of age which has resulted in juveniles or minors being involved in a wide range of unacceptable behavior including

2013 S-10 10B Madison - General Offenses vandalism, noisy and rowdy behavior, breaking and entering, public drinking of alcoholic beverages and littering, harassment of residents, and more serious violent crimes.

(2) The City Council further finds that the offensive activities of the juveniles or minors are not easily controlled by existing laws and ordinances because the activities are concealed whenever police officers are present and that the establishment of reasonable curfew regulations will enable the community and the city to better control the free and unobstructed access to the sidewalks, streets, and public places by the majority of residents and will enable the police to act reasonably and fairly to prevent the violation of laws and ordinances by juveniles or minors.

(3) The City Council further finds and has determined that a new and different curfew ordinance will meet a very real local need and that curfew ordinances in other communities have been a factor in minimizing juvenile or minor delinquency. A curfew in the city is particularly appropriate in view of the basic residential nature of the community and the sense of the community that there is a proper time for the cessation of outdoor activities of juveniles or minors. That this attitude of the community is reflected in the curfew hours declared by this section, which takes into consideration the danger hours of nocturnal crime.

(4) The City Council further finds and has determined that the city is basically a family community and that parental responsibility for the whereabouts of children is the accepted norm of a substantial majority of the community. Legal sanctions to enforce such responsibility have had demonstrated effectiveness in many communities over the years. The City Council has determined that as parental control increases there is a likelihood that juvenile or minor delinquency will decrease, that there is a need for nocturnal curfew for juveniles or minors in the City of Madison, and that the establishment of a curfew applicable to juveniles or minors will reinforce the primary authority and responsibility of parents and guardians over juveniles or minors in their care and custody.

2013 S-10 General Offenses 11

(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ACCOMPANIED. To go along with or be associated with under individualized supervision.

ADULT. Any person 18 years of age or older.

ADULT SPONSORED. Adult persons underwrite or promote an activity and the adult persons take responsibility for the juvenile or minor.

ADULT SUPERVISED. Adult persons are present at the activity and the adult persons take full responsibility for the juvenile or minor.

DIRECT ROUTE. The shortest path of travel through a public place to reach a final destination, without any detour or stop.

EMERGENCY ERRAND. An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any similar situation requiring immediate action to prevent serious bodily injury or loss of life.

ESTABLISHMENT. Any privately owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment.

GUARDIAN. A person who, under court order, is the guardian of the person of a juvenile or minor or a public or the person of a juvenile or minor or a public or private agency with whom a juvenile or minor has been placed by a court.

IN LOCO PARENTIS. A person who stands in place of or acts instead of a parent or is charged, factitiously, with parent’s rights, duties, and responsibilities.

JUVENILE. Any person under the age of 18 or, in equivalence phrasing, any person 17 years of age or less.

LOCO PARENTIS. See IN LOCO PARENTIS.

MINOR. See JUVENILE.

OPERATOR. Any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.

PARENT. A person who is a natural parent, adoptive parent, step-parent, or surrogate parent of another person. 12 Madison - General Offenses

PUBLIC. Relating to or affecting the whole people of the city, state, or whole community and not limited or restricted to any particular class of the community.

PUBLIC PLACE. Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, vacant lots, common areas of schools, parks, playgrounds, parking lots, public buildings, public housing developments, hospitals, apartment houses, motels, hotels, office buildings, transport facilities, shops, shopping centers or plazas, places of amusement or entertainment, and similar areas that are open to the use of the public.

REMAIN. Means to stay behind, to tarry, and to stay unnecessarily upon the streets, including the congregating of groups (or of interacting juveniles or minors) totaling three or more persons in which any juvenile or minor involved would not be using the streets for ordinary or serious purposes such as passage or going home. To clarify that, numerous exceptions are expressly defined in this section so that this is not a mere prohibition of presence of juveniles or minors. More and more exceptions become available with increasing years and advancing maturity as appropriate in the interest of reasonable regulations.

SERIOUS BODILY INJURY. Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

SIDEWALK. That portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for pedestrian travel in the city, including any grass plots or other grounds found within such portion of a street, or the walkways for pedestrian travel in a public place.

STREET. 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 in the city. The term street applies irrespective of what it is called or formerly named, whether alley, avenue, court, road, or otherwise. The term street shall also include driveways for vehicular travel in a public place.

TIME OF NIGHT. The prevailing standard of time generally observed at that hour by the public in the city, prima facie the time then observed in the City Police Station. General Offenses 13

YEARS OF AGE. Continues from one birthday, such as the seventeenth to (but not including the day of) the next, such as the eighteenth birthday, making it clear that 17 or less years of age be treated as equivalent to the phrase “under 18 years of age.”

(C) Curfew. It shall be unlawful for any juvenile or minor to be or remain in or upon the sidewalks, streets or public places within the city at night during the period ending at 5 a.m. and beginning at 12 midnight on Friday and Saturday nights, and at 10 p.m. on all other nights.

(D) Exceptions.

(1) In the following exceptional cases a juvenile or minor in or upon the sidewalks, streets, or public places within the city during the nocturnal hours prescribed for juveniles or minors in division (C) above shall not, however, be considered in violation of this section:

(a) When accompanied by a parent of such juvenile or minor;

(b) When accompanied by an adult, at least 21 years of age who is not the parent, and who is authorized by a parent of such juvenile or minor to take the parent’s place in accompanying the juvenile or minor for a designated period of time and purpose within a specified area;

(c) When exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion or freedom of speech;

(d) When engaging in the duties of bona fide employment or traveling directly, without undue delay or detour, from home to the place of employment or from the place of employment to the home;

(e) When involved in an emergency;

(f) When attending an official school, religious, or recreational activity supervised by adults and sponsored by the city, a public or private school, a civic organization, a religious organization or another similar entity that takes responsibility for the juvenile or minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a public or private school, a civic organization, a religious organization or another similar entity that takes responsibility for the juvenile or minor; or

(g) When married, been married, or had the disabilities of minority removed in accordance with state law.

(2) It is a defense for the owner, operator, or employee of an establishment to prosecution under division (F) and division (G) below that the owner, operator, or employee of an establishment promptly notified the Police Department that a juvenile or minor was present on the premises of the establishment during curfew hours and refused to leave. 14 Madison - General Offenses

(E) Responsibility of parent.

(1) It shall be unlawful for any parent, guardian, or other person having the lawful care, custody, and control of any juvenile or minor to allow or permit such juvenile or minor to violate the curfew hours established by division (C). The fact that prior to the present offense by such juvenile or minor a parent of such juvenile or minor was informed by a police officer of the city of a separate violation of this section by such juvenile or minor which occurred within one year next preceding the present offense, shall be prima facie evidence that such parent allowed or permitted the present violation. Any parent who shall have made a missing person notification to the Police Department shall not be considered to have allowed or permitted any person under the age of 18 years to violate this section.

(2) This section is intended to hold a neglectful or careless parent of a juvenile or minor responsible. It shall be no defense that a parent was indifferent to the activities or conduct or whereabouts of such juvenile or minor.

(F) Responsibility of operators. It shall be unlawful for any person, firm or organization operating or in charge of any establishment or other place of business to permit any juvenile or minor to loiter, loaf or idle in such place of business during the curfew hours established by division (C), except when accompanied by a parent or other adult person having the care, custody and control of such juvenile or minor as provided by this section. Whenever the owner or person in charge or in control of any establishment or other place of business during the hours prohibited by and in violation of division (C) shall find juveniles or minors loitering, loafing or idling in such place of business, he or she shall immediately order such juvenile or minor to leave and if such juvenile or minor refuses to leave the place of business, the operator shall immediately notify the Police Department and inform them of the violation.

(G) Responsibility of hotels and the like. It shall be unlawful for any person, firm or corporation operating a hotel, motel, lodging or rooming house, or any agent or servant or employee of such person, firm or corporation operating a hotel, motel, lodging or rooming house, to permit any juvenile or minor to visit, loiter, idle, wander or stroll in any portion of such hotel, motel, lodging or rooming house during the curfew hours established by division (C), except when accompanied by a parent or other adult person having the care, custody and control of such juvenile or minor as provided by this section.

(H) Enforcement procedures.

(1) If a police officer reasonably believes that a juvenile or minor is in or upon any sidewalk, street, or public place in violation of this section and before taking any enforcement action under this section, the police officer shall notify the juvenile or minor that he or she is in violation of this section and shall require the juvenile or minor to provide his or her name, age, address, telephone number, how to contact his or her parent, and the juvenile or minor’s reason for being in or upon the sidewalk, street, or public place.

(2) In determining the age of the juvenile or minor, in the absence of convincing evidence, a police officer shall use his or her best judgment in determining age. General Offenses 15

(3) Every police officer while on duty is hereby authorized to detain any juvenile or minor violating this section, but shall immediately upon taking custody of the juvenile or minor notify the parent of the juvenile or minor. The person so notified shall, as soon as reasonably possible thereafter, report to the Police Department for the purpose of taking custody of the juvenile or minor and shall sign a document indicating that such parent is taking custody of such juvenile or minor. If the parent cannot be notified or if no response is received from the parent within a reasonable period of time, the Police Department shall take whatever action is deemed necessary in the best interest of the juvenile or minor.

(4) In lieu of issuing a citation or making an arrest of a juvenile or minor in violation of this section, a police officer may contact a parent of the juvenile or minor and request that the parent either take the juvenile or minor home or make arrangements for a person over 18 years of age to take the juvenile or minor home.

(5) In the case of a violation of this section by a juvenile or minor, the police officer shall by certified mail or direct service send or deliver to a parent written notice of the curfew violation with a warning that any subsequent violation within one year of the date of the violation will result in full enforcement of this section, including enforcement of parental responsibility and of applicable penalties.

(6) If it shall appear that any juvenile or minor taken into custody for a violation of this section is growing up in mendicancy or vagrancy, or is incorrigible, for lack of a proper parental care or has no home, proper proceedings shall be taken by the Police Department to have such juvenile or minor placed in the care of a state institution as provided by law.

(I) Penalty. Any person, firm, corporation, or entity violating any provision of this section shall be fined not less than $50 nor more than $750 for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Ord. 1316, passed 7-16-1996) Cross-reference: Chouteau Island curfew, see § 96.04 Hours parks, playgrounds, ball diamonds, Fire Station Recreation Are, and other recreation areas open to the public, see § 96.03

§ 130.07 PAVED MUNICIPAL PARCELS AND LOTS.

(A) It is unlawful for any person to gather, assemble, congregate and/or loiter in a group of three or more persons, or to park a motor vehicle on paved parcels or lots owned by the city as particularly described as follows:

(1) 1678 - 1682 3rd Street;

(2) 1700 3rd Street;

(3) 1800 3rd Street;

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(4) 312 - 320 Madison Avenue;

(5) 1500 - 1504 7th Street; and

(6) 1430 - 1440 7th Street.

(B) Any person operating or occupying as a passenger a motor vehicle on said parcel(s) or lot(s) while visiting or attending a business, park or municipal facility adjacent thereto is exempt from the provisions thereof.

(C) Any parcel or lot regulated by this section shall be conspicuously posted with a sign notifying the public of the applicability of this section. (Ord. 1765, passed 9-9-2014)

§ 130.99 PENALTY.

(A) Whoever violates any provision of this code or other ordinance of this city for which another penalty is not specifically provided, shall be fined not more than $750 for each and every violation thereof, and every day the violation continues shall constitute a separate offense.

(B) Any person violating § 130.01 shall be fined not less than $25, nor more than $750, for each offense. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

(C) Any person and/or soliciting agency violating § 130.02 or any part hereof shall be subjected to the payment of a fine of not less than $25 or more than $750 for each offense.

(D) (1) Any person violating the provisions of § 130.03 shall, upon being convicted a first time, be fined not less than $5, nor more than $200.

(2) A person convicted of such theft a second or subsequent time, or after a prior conviction of any type of theft, shall be fined not less than $200 and not more than $750 for each offense.

(E) Any person who violates § 130.07 shall, upon conviction or plea of guilty, be punished by a fine of not less than $50 and no more than $500. (Ord. 819, passed 5-13-1969; Am. Ord. 961, passed 4-1-1980; Am. Ord. 1035, passed 10-25-1983; Am. Ord. 1765, passed 9-9-2014)

2017 S-11 CHAPTER 131: WEAPONS

Section

Deadly Weapons

131.01 Unlawful use of weapons 131.02 Exemptions 131.03 Unlawful possession of firearms and firearm ammunition 131.04 Confiscation and disposition of weapons

Air Rifles

131.10 Definitions 131.11 Selling, renting, or transferring to children; prohibition 131.12 Carrying or discharging on public streets 131.13 Permissive possession 131.14 Permissive sales 131.15 Seizure and removal Statutory reference: Firearms and ammunition registration, ILCS Ch. 430, Act 65, §§ 0.01 through 16.3 Boarding aircraft with weapons, ILCS Ch. 720, Act 545, §§ 0.01 through 7

DEADLY WEAPONS

§ 131.01 UNLAWFUL USE OF WEAPONS.

(A) No person shall knowingly:

(1) Sell, manufacture, purchase, possess, or carry any bludgeon, black-jack, slung-shot, sand- club, sand-bag, metal knuckles or other knuckle weapon regardless of its composition, throwing star, or any knife, commonly referred to as a switch-blade knife, which has a blade that opens automatically by hand pressure applied to a button, spring, or other device in the handle of the knife, or a ballistic knife, which is a device that propels a knifelike blade as a projectile by means of a coil spring, elastic material or compressed gas, but which shall not be deemed to include crossbows, common or compound bows and/or underwater spearguns in accordance with ILCS Ch. 720, Act 5, § 24-1(e);

2009 S-7 18 Madison - General Offenses

(2) Carry or possess with intent to use the same unlawfully against another, a dagger, dirk, billy, dangerous knife, razor, stiletto, broken bottle or other piece of glass, stun gun or taser, or any other dangerous or deadly weapon or instrument of like character;

(3) Carry or possess with intent to use the same unlawfully against another, any firearm in a church, synagogue, mosque, or other building, structure, or place used for religious worship;

(4) Carry on or about his or her person or in any vehicle, a tear gas gun projector or bomb or any object containing noxious liquid gas or substance, other than an object containing a non-lethal noxious liquid gas or substance designed solely for personal defense carried by a person 18 years of age or older;

(5) Set a spring gun;

(6) (a) Carry or possess any firearm, stun gun or taser or other deadly weapon in any place which is licensed to sell intoxicating beverages, or at any public gathering held pursuant to a license issued by any governmental body or any public gathering at which an admission is charged, excluding a place where a showing, demonstration, or lecture involving the exhibition of unloaded firearms is conducted;

(b) This subsection does not apply to any auction or raffle of a firearm held pursuant to a license or permit issued by a governmental body, nor does it apply to persons engaged in firearm safety training courses; or

(7) Sell, manufacture, or purchase any explosive bullet. EXPLOSIVE BULLET shall mean the projectile portion of an ammunition cartridge which contains or carries an explosive charge which will explode upon contact with the flesh of a human or an animal. CARTRIDGE means a tubular metal case having a projectile affixed at the front thereof and a cap or primer at the rear end thereof, with the propellant contained in the tube between the projectile and the cap.

(B) A STUN GUN or TASER, as used in division (A), means:

(1) Any device which is powered by electrical charging units, such as batteries, and which fires one or several barbs attached to a length of wire and which, upon hitting a human, can send out a current capable of disrupting the person’s nervous system in such a manner as to render him or her incapable of normal functioning; or

(2) Any device which is powered by electrical charging units, such as batteries, and which, upon contact with a human or clothing worn by a human, can send out a current capable of disrupting the person’s nervous system in such a manner as to render him or her incapable of normal functioning. (ILCS Ch. 720, Act 5, § 24-1(a)(1)-(3), (5), (8), (11)) Penalty, see § 130.99 Statutory reference: For provisions concerning silencers on guns; machine guns; possession of weapon while hooded, robed and/or masked; or possession of weapons on school or university grounds (all of which are felonies), see ILCS Ch. 720, Act 5, §§ 24-1(a)(6), (7), and (9) and § 24-1(c)(2) respectively

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§ 131.02 EXEMPTIONS.

(A) Section 131.01(A)(3) does not apply to or affect any of the following:

(1) Peace officers or any person summoned by a peace officer to assist in making arrests or preserving the peace while actually engaged in assisting the officer.

(2) Wardens, superintendents, and keepers of prisons, penitentiaries, jails, and other institutions for the detention of persons accused or convicted of an offense, while in the performance of their official duty, or while commuting between their homes and place of employment.

(3) Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard or the Reserve Officers Training Corps, while in the performance of their official duty.

(4) Special agents employed by a railroad or a public utility to perform police functions or guards of armored car companies while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment; watchmen while actually engaged in the performance of the duties of their employment.

(5) Persons licensed as private security contractors, private detectives or private alarm contractors or employed by a private security contractor, private detective, or private alarm contractor agency licensed by the Department of Professional Regulation if their duties include the carrying of a weapon under the provisions of the Private Detective, Private Alarm, Private Security and Locksmith Act of 2004, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment. Persons exempted under this division shall be required to have completed a course of study in firearms handling and training approved and supervised by the Department of Professional Regulation as prescribed by Section 28 of the Private Detective, Private Alarm, Private Security and Locksmith Act of 2004, prior to becoming eligible for this exemption. The Department of Professional Regulation shall provide suitable documentation demonstrating the successful completion of the prescribed firearms training. Such documentation shall be carried at all times when such persons are in possession of a concealable weapon.

(6) Any person regularly employed in a commercial or industrial operation as a security guard for the protection of persons employed and private property related to that commercial or industrial operation while actually engaged in the performance of their duty or traveling between sites or properties belonging to the employer, and who, as a security guard, is a member of a security force registered with the Department of Professional Regulation; provided, that the security guard has successfully completed a course of study, approved by and supervised by the state Department of Professional Regulation consisting of not less than 40 hours of training which shall include theory of law enforcement, liability for acts, and the handling of weapons. A person shall be considered eligible for this exemption if he or she has completed the required 20 hours of training for a security officer and 20 hours of required firearm training and has been issued a firearm authorization card by the state Department of Professional Regulation. Conditions for the renewal of firearm authorization cards issued under the provisions

2017 S-11 20 Madison - General Offenses of this section shall be the same as for those cards issued under the provisions of the Private Detective, Private Alarm, Private Security and Locksmith Act of 2004. Such firearm authorization card shall be carried by the security guard at all times when he or she is in possession of a concealable weapon permitted by his or her firearm control card.

(7) Agents and investigators of the Illinois Legislative Investigating Commission authorized by the Commission to carry the weapons specified in § 131.01(A)(3) while on duty in the course of any investigation for the Commission.

(8) Persons employed by a financial institution as a security guard for the protection of other employees and property related to that financial institution, while actually engaged in the performance of their duties, commuting between their homes and places of employment, or traveling between sites or properties owned or operated by the financial institution, and who, as a security guard, is a member of a security force registered with the Department; provided that any person so employed has successfully completed a course of study, approved by and supervised by the state Department of Professional Regulation, consisting of not less than 40 hours of training which includes theory of law enforcement, liability for acts, and the handling of weapons. A person shall be considered to be eligible for this exemption if he or she has completed the required 20 hours of training for a security officer and 20 hours of required firearm training and has been issued a firearm authorization card by the state Department of Professional Regulation. Conditions for renewal of firearm authorization cards issued under the provisions of this section shall be the same as for those issued under the provisions of the Private Detective, Private Alarm, Private Security and Locksmith Act of 2004. The firearm authorization card shall be carried by the security guard at all times when he or she is in possession of a concealable weapon permitted by his or her firearm control card. For purposes of this division, FINANCIAL INSTITUTION means a bank, savings and loan association, credit union, or company providing armored car services.

(9) Any person employed by an armored car company to drive an armored car while actually engaged in the performance of his or her duties.

(10) Persons who have been classified as peace officers pursuant to ILCS Ch. 20, Act 2910, §§ 0.01 et seq.

(11) Investigators of the Office of the State’s Attorneys Appellate Prosecutor authorized by the board of governors of the Office of the State’s Attorneys Appellate Prosecutor to carry weapons pursuant to ILCS Ch. 725, Act 210, §§ 1 et seq.

(12) Special investigators appointed by a State’s Attorney under ILCS Ch. 55, Act 5, § 3-9005.

(13) Probation officers while in the performance of their duties, or while commuting between their homes, places of employment or specific locations that are part of their assigned duties, with the consent of the chief judge of the circuit for which they are employed.

(14) Court security officers while in the performance of their official duties or while commuting between their homes and places of employment, with the consent of the Sheriff.

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(15) A person employed as an armed security guard at a nuclear energy, storage, weapons, or development site or facility regulated by the Nuclear Regulatory Commission who has completed the background screening and training mandated by the rules and regulations of the Nuclear Regulatory Commission.

(16) Manufacture, transportation, or sale of weapons to persons authorized under (A)(1) through (14) of this section to possess those weapons.

(B) Section 131.01(A)(1) does not apply to the purchase, possession, or carrying of a black-jack or slung-shot by a police officer.

(C) Section 131.01(A)(5) does not apply to any owner, manager, or authorized employee of any place specified in that division or to any law enforcement officer.

(D) Section 131.01(A)(6) does not apply to:

(1) Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard, while in the performance of their official duty.

(2) Bona fide collectors of antique or surplus military ordinance.

(3) Laboratories having a department of forensic ballistics, or specializing in the development of ammunition or explosive ordnance.

(4) Commerce, preparation, assembly, or possession of explosive bullets by manufacturers of ammunition licensed by the federal government, in connection with the supply of those organizations and persons exempted by division (D)(1) above, or like organizations and persons outside this state, or the transportation of explosive bullets to any organization or person exempted in this section by a common carrier or by a vehicle owned or leased by an exempted manufacturer.

(E) An information or indictment based upon a violation of any provision of this subchapter need not negative any exemptions contained in this subchapter. The defendant shall have the burden of proving such an exemption.

(F) Nothing in this subchapter shall prohibit, apply to, or affect the transportation, carrying, or possession of any pistol or revolver, stun gun, taser, or other firearm consigned to a common carrier operating under license with the state or the federal government where such transportation, carrying, or possession is incident to the lawful transportation in which the common carrier is engaged. Nothing in this subchapter shall prohibit, apply to, or affect the transportation, carrying, or possession of any pistol, revolver, stun gun, taser, or other firearm not the subject of and regulated by ILCS Ch. 720, Act 5, § 24-1(a)(7) or division (B) of this section above, which is unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by the possessor of a valid firearm owner’s identification card. (ILCS Ch. 720, Act 5, § 24-2(a), (d), (e), (g)-(i))

2009 S-7 22 Madison - General Offenses

§ 131.03 UNLAWFUL POSSESSION OF FIREARMS AND FIREARM AMMUNITION.

(A) A person commits the offense of unlawful possession of firearms or firearm ammunition when:

(1) He or she is under 18 years of age and has in his or her possession any firearm of a size which may be concealed upon the person; or

(2) He or she is under 21 years of age, has been convicted of a misdemeanor other than a traffic offense or adjudged delinquent, and has any firearms or firearm ammunition in his or her possession; or

(3) He or she is a narcotic addict and has any firearms or firearm ammunition in his or her possession; or

(4) He has been a patient in a mental institution within the past five years and has any firearms or firearm ammunition in his or her possession. For purposes of this division (A)(4):

(a) MENTAL INSTITUTION means any hospital, institution, clinic, evaluation facility, mental health center, or part thereof, which is used primarily for the care or treatment of persons with mental illness;

(b) PATIENT IN A MENTAL INSTITUTION mean the person was admitted, either voluntarily or involuntarily, to a mental institution for mental health treatment, unless the treatment was voluntary and solely for an alcohol abuse disorder and no other secondary substance abuse disorder or mental illness; or

(5) He or she is a person with an intellectual disability and has any firearms or firearm ammunition in his or her possession; or

(6) He or she has in his or her possession any explosive bullet. For the purposes of this section, EXPLOSIVE BULLET means the projectile portion of an ammunition cartridge which contains or carries an explosive charge which will explode upon contact with the flesh of a human or an animal. CARTRIDGE means a tubular metal case having a projectile fixed at the front thereof and a cap or primer at the rear end thereof with the propellent contained in the tube between the projectile and the cap.

(B) Unlawful possession of firearms, other than handguns, and firearm ammunition is punishable under § 130.99. Unlawful possession of handguns is a felony punishable under appropriate state law. The possession of each firearm or firearm ammunition in violation of this section constitutes a single and separate violation.

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(C) Nothing in (A)(1) of this section prohibits a person under 18 years of age from participating in any lawful recreational activity with a firearm such as, but not limited to, practice shooting at targets upon established public or private target ranges or hunting, trapping, or fishing in accordance with the Wildlife Code or the Fish and Aquatic Life Code. (ILCS Ch. 720, Act 5, § 24-3.1) Penalty, see § 130.99

§ 131.04 CONFISCATION AND DISPOSITION OF WEAPONS.

Upon conviction of an offense in which a weapon was used or possessed by the offender, any weapon seized may be confiscated by the trial court for further disposition consistent with state law. (ILCS Ch. 720, Act 5, § 24-6)

AIR RIFLES

§ 131.10 DEFINITIONS.

For the purposes of §§ 131.10 et seq., the following words and phrases shall have the following meanings ascribed to them respectively.

AIR RIFLE. Any air gun, air pistol, spring gun, spring pistol, B-B gun, paint ball gun, pellet gun or any implement that is not a firearm which impels a breakable paint ball containing washable marking colors or, a pellet constructed of hard plastic, steel, lead or other hard materials with a force that reasonably is expected to cause bodily harm.

DEALER. Any person, copartnership, association or corporation engaged in the business of selling at retail or renting any of the articles included in the definition of AIR RIFLE.

MUNICIPALITIES. Include cities, villages, incorporated towns and townships. (ILCS Ch. 720, Act 5, § 24.8-0.1)

§ 131.11 SELLING, RENTING, OR TRANSFERRING TO CHILDREN; PROHIBITION.

(A) A dealer commits selling, renting, or transferring air rifles to children when he or she sells, lends, rents, gives or otherwise transfers an air rifle to any person under the age of 13 years where the dealer knows or has cause to believe the person to be under 13 years of age or where the dealer has failed to make reasonable inquiry relative to the age of the person and the person is under 13 years of age.

2013 S-10 24 Madison - General Offenses

(B) A person commits selling, renting, or transferring air rifles to children when he or she sells, gives, lends, or otherwise transfers any air rifle to any person under 13 years of age except where the relationship of parent and child, guardian and ward or adult instructor and pupil, exists between this person and the person under 13 years of age, or where the person stands in loco parentis to the person under 13 years of age. (ILCS Ch. 720, Act 5, § 24.8-1) Penalty, see § 130.99

§ 131.12 CARRYING OR DISCHARGING ON PUBLIC STREETS.

(A) A person under 13 years of age commits carrying or discharging air rifles on public streets when he or she carries any air rifle on the public streets, roads, highways or public lands within this state, unless the person under 13 years of age carries the air rifle unloaded.

(B) A person commits carrying or discharging air rifles on public streets when he or she discharges any air rifle from or across any street, sidewalk, road, highway or public land or any public place except on a safely constructed target range. (ILCS Ch. 720, Act 5, § 24.8-2)

§ 131.13 PERMISSIVE POSSESSION.

Notwithstanding any provision of this subchapter, it is lawful for any person under 13 years of age to have in his or her possession any air rifle if it is:

(A) Kept within his or her house of residence or other private enclosure;

(B) Used by the person and he or she is a duly enrolled member of any club, team or society organized for educational purposes and maintaining as part of its facilities or having written permission to use an indoor or outdoor rifle range under the supervision guidance and instruction of a responsible adult and then only if the air rifle is actually being used in connection with the activities of the club team or society under the supervision of a responsible adult; or

(C) Used in or on any private grounds or residence under circumstances when the air rifle is fired, discharged or operated in a manner as not to endanger persons or property and then only if it is used in a manner as to prevent the projectile from passing over any grounds or space outside the limits of the grounds or residence. (ILCS Ch. 720, Act 5, § 24.8-3)

§ 131.14 PERMISSIVE SALES.

The provisions of this subchapter do not prohibit sales of air rifles:

2013 S-10 Weapons 24A

(A) By wholesale dealers or jobbers;

(B) To be shipped out of the state; or

(C) To be used at a target range operated in accordance with § 131.13 or by members of the Armed Services of the United States or veterans’ organizations. (ILCS Ch. 720, Act 5, § 24.8-4)

§ 131.15 SEIZURE AND REMOVAL.

Any police officer shall seize, take, remove, or cause to be removed at the expense of the owner, any air rifle sold or used in any manner in violation of this chapter. (ILCS Ch. 720, Act 5, § 24.8-5)

2013 S-10 24B Madison - General Offenses CHAPTER 132: OFFENSES AGAINST PUBLIC HEALTH AND SAFETY

Section

Litter

132.01 Definitions 132.02 Dumping or depositing of litter prohibited; exemptions 132.03 Dumping or depositing litter from motor vehicle prohibited 132.04 Accumulation of litter prohibited 132.05 Presumption of violation by operator throwing litter from motor vehicle 132.06 Receptacles required in public areas 132.07 Power of court to order removal of litter

Drug Paraphernalia

132.20 Definitions 132.21 Offenses and penalties 132.22 Civil forfeiture

Cannabis or Other Illegal Substances

132.30 Definitions 132.31 Prohibitions

132.99 Penalty

LITTER

§ 132.01 DEFINITIONS.

For the purposes of §§ 132.01 through 132.07 the following words and phrases shall have the following meanings ascribed to them respectively.

LITTER. Any discarded, used, or unconsumed substance or waste. LITTER may include, but is not limited to, any garbage, trash, refuse, cigarettes, debris, rubbish, grass clippings, or other lawn or garden waste; newspaper, magazines, glass, metal, plastic or paper containers, or other packaging

25 2017 S-11 26 Madison - General Offenses construction material, abandoned vehicle, as defined in ILCS Ch. 625, Act 5, §§ 1-100 et seq., motor vehicle parts, furniture, oil, carcass of a dead animal, any nauseous or offensive matter of any kind; any object likely to injure any person or create a traffic hazard, potentially infectious medical waste as defined in ILCS Ch. 415, Act 5, § 3.360; or anything else of an unsightly or unsanitary nature, which has been discarded, abandoned, or otherwise disposed of improperly. (ILCS Ch. 415, Act 105, § 3)

MOTOR VEHICLE. As defined in Ch. 71 of this Code of Ordinances.

§ 132.02 DUMPING OR DEPOSITING OF LITTER PROHIBITED; EXEMPTIONS.

(A) No person shall dump, deposit, drop, throw, discard, leave, cause, or permit the dumping, depositing, dropping, throwing, discarding, or leaving of litter upon any public or private property in this city, or upon or into any river, lake, pond, or other stream or body of water in this village unless:

(1) The property has been designated by the city or any of its agencies for the disposal of litter, and the litter is disposed of on that property in accordance with the applicable rules and regulations of the state Pollution Control Board;

(2) The litter is placed into a receptacle or other container intended by the owner or tenant in lawful possession of that property for the deposit of litter;

(3) The person is the owner or tenant in lawful possession of the property or has first obtained the consent of the owner or tenant in lawful possession, or unless the act is done under the personal direction of the owner or tenant and does not create a public health or safety hazard, a public nuisance, or a fire hazard;

(4) The person is acting under the direction of proper public officials during special cleanup days; and/or

(5) The person is lawfully acting in or reacting to an emergency situation where health and safety is threatened, and removes and properly disposes of any litter, including but not limited to potentially infectious medical waste as defined in ILCS Ch. 415, Act 5, § 3.360, when the emergency situation no longer exists.

(B) A mandatory minimum fine of $50 must be imposed against any person who is convicted of violating this section.

(C) An individual convicted of this section by disposing of litter upon a public highway may, in addition to any other penalty, be required to maintain litter control for 30 days over a designated portion of that highway, including, at the discretion of the agency having jurisdiction over the section of highway in question, the site where the offense occurred, as provided in Section 50 of the Illinois Adopt-A-Highway Act. (ILCS Ch. 415, Act 105, §§ 4 and 8)

2017 S-11 Offenses Against Public Health and Safety 27

§ 132.03 DUMPING OR DEPOSITING LITTER FROM MOTOR VEHICLE PROHIBITED.

(A) No person shall dump, deposit, drop, throw, discard, or otherwise dispose of litter from any motor vehicle upon any public highway, upon any public or private property or upon or into any river, lake, pond, stream, or body of water in this city except as permitted under § 132.02 (A)(1) through (5). Nor shall any person transport, by any means, garbage or refuse from any dwelling, residence, place of business, farm, or other site to and deposit the material in, around, or on top of trash barrels or other receptacles placed along public highways or at roadside rest areas.

(B) A mandatory minimum fine of $50 must be imposed against any person who is convicted of violating this section.

§ 132.04 ACCUMULATION OF LITTER PROHIBITED.

(A) No person shall allow litter to accumulate upon real property, of which the person charged is the owner or tenant in control, in such a manner as to constitute a public nuisance or in such a manner that the litter may be blown or otherwise carried by the natural elements on to the real property of another person.

(B) A mandatory minimum fine of $50 must be imposed against any person who is convicted of violating this section. (ILCS Ch. 415, Act 105, §§ 6 and 8)

§ 132.05 PRESUMPTION OF VIOLATION BY OPERATOR THROWING LITTER FROM MOTOR VEHICLE.

Whenever litter is thrown, deposited, dropped, or dumped from any motor vehicle not carrying passengers for hire, the presumption is created that the operator of that motor vehicle has violated § 132.03, but that presumption may be rebutted. (ILCS Ch. 415, Act 105, § 9)

2017 S-11 28 Madison - General Offenses

§ 132.06 RECEPTACLES REQUIRED IN PUBLIC AREAS.

(A) In order to assist the public in complying with this chapter, the owner or person in control of any property which is held out to the public as a place for assemblage, the transaction of business, recreation, or as a public way shall cause to be placed and maintained receptacles for the deposit of litter of sufficient volume and in sufficient numbers to meet the needs of the numbers of people customarily coming on or using the property.

(B) For purposes of this section, PROPERTY HELD OUT TO THE PUBLIC FOR THE TRANSACTION OF BUSINESS includes, but is not limited to commercially operated parks, campgrounds, drive-in restaurants, automobile service stations, business parking lots, car washes, shopping centers, marinas, boat launching areas, industrial parking lots, boat moorage and fueling stations, piers, beaches and bathing areas, airports, roadside rest stops, drive-in movies, and shopping malls; and PROPERTY HELD OUT TO THE PUBLIC FOR ASSEMBLAGE, RECREATION, OR AS A PUBLIC WAY includes, but is not limited to any property that is publicly owned or operated for any of the purposes stated in the definition in this division for PROPERTY HELD OUT TO THE PUBLIC FOR THE TRANSACTION OF BUSINESS but excludes state highway rights-of-way and rest areas located thereon.

(C) If no litter receptacles are placed on property described in this section, the owner or person in control of the property shall be fined $100 for violating this section. If the owner or person in control of the property has placed litter receptacles on his or her property but the number or size of the receptacles has proved inadequate to meet the needs of the numbers of people coming on or using his or her property as indicated by the condition and appearance of that property, and the owner or person in control has failed to provide sufficient or adequate receptacles within ten days after being made aware of that fact by written notice from the police, he or she shall be fined $25 for each receptacle not so provided and maintained. (ILCS Ch. 415, Act 105, § 10)

§ 132.07 POWER OF COURT TO ORDER REMOVAL OF LITTER.

(A) The penalties prescribed in this chapter are in addition to, and not in lieu of any penalties, rights, remedies, duties, or liabilities which may be otherwise imposed or conferred by a court.

(B) A mandatory minimum fine of $50 must be imposed against any person who is convicted of violating this section. (ILCS Ch. 415, Act 105, § 8)

2017 S-11 Offenses Against Public Health and Safety 28A

DRUG PARAPHERNALIA

§ 132.20 DEFINITIONS.

For the purposes of this subchapter the following words and phrases shall have the following meanings ascribed to them respectively.

CONTROLLED SUBSTANCES. The term includes, but is not limited to, Cannabis, as Cannabis is defined in the Cannabis Control Act, ILCS Ch. 720, Act 550, §§ 3 et seq., and "controlled substances" as the term is used in the Illinois Controlled Substances Act, ILCS Ch. 720, Act 570, §§ 102 et seq.

DRUG PARAPHERNALIA. All equipment, products and materials of any kind which are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of the Controller Substance Act of this state, ILCS Ch. 720, Act 570, §§ 100 et seq., or in violation of other state or federal laws. It includes, but is not limited to:

(1) Kits used, intended for use, or designed for use in planting, propagation, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;

(2) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances;

(3) Isomerization devised, used, intended for use, or designed for use in increasing the potency of any species of plant which is or contains a controlled substance;

(4) Testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness or purity of any controlled substance;

(5) Scales and balances used, intended for use, or designed for use in weighing or measuring any controlled substance;

(6) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dexterous and lactose, used, intended for use, or designed for use in cutting controlled substances;

(7) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining marijuana;

(8) Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding any controlled substance;

2017 S-11 28B Madison - General Offenses

(9) Capsules, balloons, envelopes and other containers used intended for use, or designed for use in packaging small quantities of any controlled substance;

(10) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances;

(11) Hypodermic syringes, needles and other objects used, intended for use, or designed for use in paranterally injected controlled substances into the human body;

(12) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:

(a) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;

(b) Water pipes;

(d) Smoking and carburetion masks;

(e) Roach clips, meaning objects used to hold burning materials, such as marijuana cigarettes, that have become too small or too short to be held in the hand;

(f) Miniature cocaine spoons and cocaine vials;

(g) Chamber pipes;

(h) Carburetor pipes;

(i) Electric pipes;

(j) Air-driven pipes;

(k) Chillums;

(l) Bongs;

(m) Ice pipes or chillers;

(n) Glass tubes designed for smoking "crack" or similar substances, approximately four inches in length and up to a half inch in diameter. Said tubes are sold singularly or also as packaging for certain novelty items, including, but not limited to, miniature roses. (Ord. 1687, passed 5-1-2007)

2017 S-11 Offenses Against Public Health and Safety 28C

§ 132.21 OFFENSES AND PENALTIES.

(A) Possession of drug paraphernalia. It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, re-pack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of this subchapter.

(B) Manufacture or delivery of drug paraphernalia. It is unlawful for any person to deliver, possess with intent to deliver, ingest, inhale, or otherwise introduced into the human body a controlled substance in violation of this subchapter.

(C) Delivery of drug paraphernalia to a minor. Any person 18 years of age or over who violates division (B) of this section by delivering drug paraphernalia to a person under 18 years of age is guilty of special offense and upon conviction may be fined not more than $750 nor less than $25.

(D) Advertisement of drug paraphernalia. It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. (Ord. 1687, passed 5-1-2007) Penalty, see § 132.99

§ 132.22 CIVIL FORFEITURE.

All drug paraphernalia as defined in § 132.20 shall be subject to forfeiture under the Illinois Revised Statutes, including but not limited to the Drug Paraphernalia Control Act, ILCS Ch. 720, Act 600, §§ 1 et seq. (Ord. 1687, passed 5-1-2007)

CANNABIS OR OTHER ILLEGAL SUBSTANCES

§ 132.30 DEFINITIONS.

For the purposes of this subchapter the following words and phrases shall have the following meanings ascribed to them respectively.

CANNABIS. Includes marijuana, hashish and other substances which are identified as including any parts of the plant Cannabis Sativa, whether growing or not; the seeds thereof, the resin extracted from any part of such plant; and any compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other cannabinol derivatives,

2017 S-11 28D Madison - General Offenses including the naturally occurring or synthetically produced ingredients, whether produced directly or indirectly or by extraction, or independently by means of chemical syntheses; but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of such plant which is incapable of germination.

DELIVER or DELIVERY. The actual, constructive or attempted transfer of possession of cannabis, with or without consideration, whether or not there is an agency relationship.

DRUG PARAPHERNALIA. All equipment, products and materials of any kind, other than methamphetamine manufacturing materials as defined in § 10 of the Methamphetamine Control and Community Protection Act, which are intended to be used unlawfully in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body cannabis in violation of the Illinois Cannabis Control Act, as amended from time to time. It includes, but is not limited to:

(1) Kits intended to be used unlawfully in manufacturing, compounding, converting, producing, processing, or preparing cannabis;

(2) Isomerization devices intended to be used unlawfully in increasing the potency of any species of plant which is cannabis;

(3) Testing equipment intended to be used unlawfully in a private home for identifying or in analyzing the strength, effectiveness, or purity of cannabis;

(4) Diluents and adulterants intended to be used unlawfully for cutting cannabis by private persons;

(5) Objects intended to be used unlawfully in ingesting, inhaling, or otherwise introducing cannabis, hashish, or hashish oil into the human body including, where applicable, the following items:

(a) Water pipes;

(b) Carburetion tubes and devices;

(d) Carburetor pipes;

(e) Electric pipes;

(f) Air driven pipes;

2017 S-11 Offenses Against Public Health and Safety 28E

(g) Chillums;

(h) Bongs.

(6) Any item whose purpose, as announced or described by the seller, is for use in violation of this section; or

(7) Any other item defined as DRUG PARAPHERNALIA by the Drug Paraphernalia Control Act, as it may be amended from time to time. (Ord. 1801, passed 10-18-2016)

§ 132.31 PROHIBITIONS.

(A) It shall be unlawful for any person to knowingly possess, use or deliver any cannabis, any substance containing cannabis, or any other substance the use and/or possession of which is illegal under any Illinois statute or code of city ordinance ("the illegal substance"). This section shall only apply to possession, use, and delivery of such substance in an amount not exceeding ten grams.

(B) It shall be unlawful for any person to knowingly use, suffer, permit, or allow the violation of the provisions of this section in any motor vehicle, vessel, house, apartment, room, shed, yard, premises, or other area of which such person is the owner, lessee, permittee, bailee, legal possessor, or occupier thereof.

(C) It shall be unlawful for any parent or guardian to permit his or her residence to be used by an invitee of the parent's child or the guardian's ward in a manner that constitutes a violation of this section. A parent or guardian is deemed to have permitted his or her residence to be used in violation of this section if he or she knowingly authorizes, enables, or permits such use to occur by failing to control access to the residence.

(D) It shall be unlawful for any person to remain in any motor vehicle, vessel, house, apartment, room, shed, yard, premises, or other area when said person knows or reasonably should know, that one or more other persons located in such motor vehicle, vessel, house, apartment, room, shed, yard, premises, or other area are in possession of cannabis, any substance containing cannabis prohibited by Illinois statute, or other illegal substance.

(E) Whenever a person is present within any motor vehicle, vessel, house, apartment, room, shed, yard, premises, or other area of which such person is the owner, lessee, permitee, bailee, legal possessor, or occupier at the time that a violation of the provisions of this section occurs therein, said presence shall be prima facie evidence that such person had knowledge of such violation.

(F) Notwithstanding anything contained in this subchapter to the contrary, pursuant to the Compassionate Use of Medical Cannabis Pilot Program Act, as it may be amended from time to time ("the Act"), the immunities and presumptions set forth in the Act related to the medical use of cannabis are hereby incorporated herein by reference to the extent applicable.

2017 S-11 28F Madison - General Offenses

(G) It shall be unlawful for any person who knowingly possesses an item of drug paraphernalia with the intent to use it in ingesting, inhaling, or otherwise introducing cannabis into the human body, or in preparing cannabis for that use, is guilty of a violation of this section. This division does not apply to a person who is legally authorized to possess hypodermic syringes or needles under the Hypodermic Syringes and Needles Act. (Ord. 1801, passed 10-18-2016)

§ 132.99 PENALTY.

(A) Any person who violates § 132.21 is guilty of a crime and upon conviction may be fined not more than $750 nor less than $25.

(B) Any person violating any provision of §§ 132.30 or 132.31 shall be fined not less than $50 or more than $750 for each and every violation therein. (Ord. 1687, passed 5-1-2007; Am. Ord. 1801, passed 10-18-2016)

2017 S-11 CHAPTER 133: OFFENSES AGAINST PERSONS

Section

133.01 Child sex offenders residence prohibitions

§ 133.01 CHILD SEX OFFENDERS RESIDENCE PROHIBITIONS.

(A) The following definitions apply to this section.

(1) CHILD SEX OFFENDER. Includes any person required to register his or her residence address with any state, or with the federal government, as a result of his or her conviction as a sex offender, where the victim of that sex offense was under the age of 18 years at the time of the offense. A CHILD SEX OFFENDER includes, but is not limited to, any person required to register under the Illinois Sex Offender Registration Act, ILCS Ch. 730, Act 150, § 1 et seq., as now or as hereafter amended, where the victim was under the age of 18 years at the time of the offense. A CHILD SEX OFFENDER further includes, but is not limited to, any person who has been convicted of any of the following statutory offenses, or convicted of attempting to commit any of the following statutory offenses, as now or hereafter amended, involving a victim under the age of 18 years:

(a) Sexual exploitation of a child (ILCS Ch. 720, Act 5, § 11-9.1);

(b) Predatory criminal sexual assault of a child (ILCS Ch. 720, Act 5, § 12-14.1);

(d) Public indecency committed on school property (ILCS Ch. 720, Act 5, § 11-9);

(e) Child luring (ILCS Ch. 720, Act 5, § 10-5(b)(10));

(f) Aiding and abetting child abduction (ILCS Ch. 720, Act 5, § 10-7 or ILCS Ch. 720, Act 5, § 10-5(b)(10));

(g) Soliciting for a juvenile prostitute (ILCS Ch. 720, Act 5, § 11-15.1);

(h) Patronizing a juvenile prostitute (ILCS Ch. 720, Act 5, § 11-18.1);

(i) Exploitation of a child (ILCS Ch. 720, Act 5, § 11-19.2);

29 2006 S-4 30 Madison - General Offenses

(j) Child pornography (ILCS Ch. 720, Act 5, § 11-20.1);

(k) Criminal sexual assault (ILCS Ch. 720, Act 5, § 12-13);

(l) Aggravated criminal sexual assault (ILCS Ch. 720, Act 5, § 12-14);

(m) Aggravated criminal sexual abuse (ILCS Ch. 720, Act 5, § 12-16);

(n) Kidnaping or aggravated kidnaping (ILCS Ch. 720, Act 5, §§ 10-1 or 10-2);

(o) Unlawful restraint or aggravated unlawful restraint (ILCS Ch. 720, Act 5, §§ 10-3 or 10-3.1).

(2) SCHOOL. Any real property used primarily for educational or child care purposes, including but not limited to, elementary schools, middle schools, high schools, dance studios, licensed child day care facilities, and pre-schools.

(3) LOITER. Standing or sitting idly, whether or not the person is in a vehicle or remaining in or around property that is from time-to-time frequented by persons under the age of 18 years.

(4) PARK. Any playground, walking track, athletic field, gymnasium, basketball court, baseball diamond, or other real estate owned or controlled by a school or unit of a local government, that is designated primarily for recreation. The term PARK includes ancillary restrooms and vehicle parking lots designated for use primarily by park patrons or school students and their families.

(5) PUBLIC POOL. Any parcel of real estate containing any natatorium or other improved real estate, designated or intended for swimming, water recreation, or water sports, whether operated or owned by a public entity, or to which memberships are sold to the public.

(B) It is unlawful for a child sex offender to reside within 500 feet of any of the following:

(1) The real property comprising any school attended by persons under the age of 18 years;

(2) The real property comprising any park; or

(3) Any public pool.

(C) It is unlawful for any child sex offender to loiter on any public property, public right-of-way, or area designated for parking of motor vehicles, within 500 feet of any of the following, unless the person loitering is with a child under the age of 18 years and the person loitering is a parent, step-parent, aunt, uncle, cousin, sibling, or step-sibling, of that child is under the age of 18 years:

(1) The real property comprising any school attended by persons under the age of 18 years;

2006 S-4 Offenses Against Persons 31

(2) The real property comprising any park; or

(3) Any public pool.

(D) It is unlawful for any person, corporation, business, partnership, trust, manager, or other entity, to enter into any lease agreement, or to renew any lease agreement, letting residential real estate to a child sex offender, where the lot line of the residential property is within 500 feet of any of the following:

(1) The real property comprising any school attended by persons under the age of 18 years;

(2) The real property comprising any park; or

(3) Any public pool.

(E) Any person found guilty of violating divisions (B) or (C) of this section shall be subject to a fine of between $50 and $750, with each day a violation continues constituting a separate offense. Any person, corporation, business, partnership, trust, manager, or other entity guilty of violating division (D) of this section shall be subject to a fine of between $50 and $750, revocation of business license, or both. Each day a violation continues shall constitute a separate offense. Any person, corporation, business, partnership, trust, manager, or other entity violating division (D) of this section shall be presumed to have had knowledge of the tenant's status as a child sex offender, where that tenant's name, photo, or other identifying information appears on the Illinois State Police statewide sex offender database, as published on the internet on the Illinois State Police World Wide Web home page, per the Sex Offender and Child Murderer Community Notification Law, ILCS Ch. 720, Act 152, § 101 et seq., as now or hereafter amended.

(F) In the event a court of competent jurisdiction should declare the terms of any portion of this section invalid or unenforceable, the remainder of this section shall remain in full force and effect.

(G) All distances designated in this section shall be measured from the lot line of the park property, public pool property, or school property, and from the lot line of the subject residence.

(H) Nothing in this section prohibits a child sex offender from residing within 500 feet of any property, if that residence is owned or leased by the child sex offender before the effective date of this section. This section is intended to apply to and to prevent such new residential lease agreements, and renewals of expired residential leases, entered into after the effective date of this section. This section shall take effect 30 days after passage.

(I) The restrictions against child sex offenders in this section, shall apply to any child sex offender for ten full years after the final day of his or her last parole, discharge, or release from confinement in

2006 S-4 32 Madison - General Offenses any penal institution or hospital, whichever is latest. Where a child sex offender was never confined in any penal institution, hospital or such facility, said ten years shall run from the date of his or her last felony conviction. (Ord. 1666, passed 5-2-2006)

2006 S-4 TITLE XV: LAND USAGE

Chapter

150. GENERAL PROVISIONS

151. GENERAL BUILDING REGULATIONS; CONSTRUCTION

152. MINIMUM HOUSING STANDARDS

153. FLOOD DAMAGE PREVENTION

154. MOBILE HOMES

155. ZONING APPENDIX A: CORNERS APPENDIX B: LOTS APPENDIX C: SIGN AREA APPENDIX D: TIEDOWN REQUIREMENTS APPENDIX E: MINIMUM DISTRICT REGULATIONS

156. SUBDIVISIONS APPENDIX A: BASIC TYPES OF LOTS APPENDIX B: ILLUSTRATION OF A TYPICAL LOT APPENDIX C: SIGHT LINES AT CORNERS APPENDIX D: HORIZONTAL CURVES APPENDIX E: REVERSE CURVES APPENDIX F: TYPICAL STREET CROSS SECTION APPENDIX G: CURB AND GUTTER APPENDIX H: INLETS APPENDIX I: CURB RAMPS

157. POLLUTION CONTROL FACILITY SITE APPROVAL

158. CANNABIS

1 2021 S-13 2 Madison - Land Usage CHAPTER 150: GENERAL PROVISIONS

Section

Land Use Plan

150.01 Adoption of future plan

Enforcement; Hearing Procedure

150.15 Adoption of state regulations 150.16 Definitions 150.17 Code Hearing Department 150.18 Code hearing procedure 150.19 Subpoenas 150.20 Default 150.21 Continuances; representations 150.22 Evidence at hearings 150.23 Retaliatory action against occupants prohibited 150.24 Defenses 150.25 Findings, decisions and orders 150.26 Fines and sanctions 150.27 Administrative review law to apply 150.28 Dispositions of violations 150.29 Sanctions and findings to run with property Cross-reference: Adoption of Building Code, see § 151.02 Minimum Housing Standards, see Ch. 152 Playground and Recreation System, see § 96.01 Streets and Sidewalks, see Ch. 91 Zoning, see Ch. 155

3 4 Madison - Land Usage

LAND USE PLAN

§ 150.01 ADOPTION OF FUTURE PLAN.

The comprehensive future land use plan for the areas within the corporate boundaries of the city and located in Sections 31 and 32, T3N, R9W, S36, T3N, R10W and S6, T2N, R9W of the 3rd Principal Meridian, Madison County and St. Clair County, Illinois, as designated on the map captioned “Proposed Future Land Use Map” and prepared by John H. Hales, Illinois Professional Land Surveyor, No. 2929, in October 1997 as Job No. 251684, as revised by Ordinance 1621, passed July 29, 2003, and Ordinance 1631, passed March 9, 2004, copies of which are incorporated herein by reference, shall be and hereby are approved and adopted. (Ord. 1392, passed 1-27-1998; Am. Ord. 1621, passed 7-29-2003; Am. Ord. 1631, passed 3-9-2004)

ENFORCEMENT; HEARING PROCEDURE

§ 150.15 ADOPTION OF STATE REGULATIONS.

Division 31.1 of the Illinois Municipal Code, ILCS Ch. 65, Act 5, § 11-31.1, captioned “Building Code Violations,” as it now exists and as it may be amended from time to time, shall be and hereby is adopted by the city. (Ord. 1416, passed 4-21-1998)

§ 150.16 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BUILDING INSPECTOR. A full-time city employee whose duties include the inspection or examination of structures or property in the city to determine if zoning or other code violation exist.

CODE. Any city zoning, trash, debris, building or housing code or ordinance that establishes zoning, construction, plumbing, heating, electrical, fire prevention, sanitation or other health and safety standards that are applicable to structures in a city.

HEARING OFFICER. A city employee or an officer or agent of the city, other than the City Building Inspector, any other city inspector, or city law enforcement officer, whose duty it is to:

(1) Preside at an administrative hearing called to determine whether or not a code violation exists;

2004 S-2 General Provisions 5

(2) Hear testimony and accept evidence from city employees issuing or regarding the code violation, Inspector, the building owner and all interested parties relevant to the existence of a Code violation;

(3) Preserve and authenticate the record of the hearing and all exhibits and evidence introduced at the hearing;

(4) Issue and sign a written finding, decision and order stating whether a code violation exists.

PROPERTY OWNER. The legal or beneficial owner of a structure. (Ord. 1416, passed 4-21-1998)

§ 150.17 CODE HEARING DEPARTMENT.

(A) There is hereby established a Code Hearing Department, the function of which is to expedite the presentation and correction of code violations in the manner set out in 65 ILCS Ch. 65, Act 5, §§ 11-31.1, et seq., and this subchapter.

(B) The adoption of this subchapter does not preclude the city from using other lawful methods to enforce the provisions of its code.

(C) The Mayor shall appoint a Hearing Officer or Officers, with the approval of the City Council, on an annual basis, from May 1 to April 30 next following, or to complete the balance of the term of a duly appointed Hearing Officer.

(D) The compensation to be paid the Hearing Officer shall be determined by separate ordinance. (Ord. 1416, passed 4-21-1998)

§ 150.18 CODE HEARING PROCEDURE.

(A) When a Building Inspector finds a code violation while inspecting a property, he or she shall note the violation on a multiple copy violation notice and report form, indicating the name and address of the property owner, the type and nature of the violation, the date and time the violation was observed, the names of witnesses to the violation, and the address of the property where the violation is observed.

(B) The violation report form shall be forwarded by the Building Inspector to the Code Hearing Department where a docket number shall be stamped on all copies of the report, and a hearing date noted in the blank spaces provided for that purpose on the form. The hearing date shall not be less than 30 days nor more than 40 days after the violation is reported by the Building Inspector.

(C) One copy of the violation report form shall be maintained in the files of the Code Hearing Department and shall be part of the record of hearing, one copy of the report form shall be returned to 6 Madison - Land Usage the Building Inspector so that he or she may prepare evidence of the code violation for presentation at the hearing on the date indicated, and one copy of the report form shall be served by first class mail on the property owner along with a summons commanding the property owner to appear at the hearing. If the name of the property owner of the structure cannot be ascertained or if service on the property owner cannot be made by mail, service may be made on the property owner by posting or nailing a copy of the code violation report form on the front door of the structure where the code violation is found, not less than 20 days before the hearing is scheduled. (Ord. 1416, passed 4-21-1998)

§ 150.19 SUBPOENAS.

At any time prior to the hearing date the Hearing Officer assigned to hear the case may, at the request of the Building Inspector or the attorney for the city, or the property owner or his or her attorney, issue subpoenas directing witnesses to appear and give testimony at the hearing. (Ord. 1416, passed 4-21-1998)

§ 150.20 DEFAULT.

If on the date set for hearing the property owner or his or her attorney fails to appear, the Hearing Officer may find the property owner in default and shall proceed with the hearing and accept evidence relevant to the existence of a code violation. (Ord. 1416, passed 4-21-1998)

§ 150.21 CONTINUANCES; REPRESENTATIONS.

No continuances shall be authorized by the Hearing Officer in proceedings under this subchapter except in cases where a continuance is absolutely necessary to protect the rights of the property owner. Lack of preparation shall not be grounds for a continuance. Any continuance authorized by a Hearing Officer under this section shall not exceed 25 days. The case for the city may be presented by the Building Inspector, by any other city employee or by an attorney designated by the city. However, in no event shall the case for the city be presented by an employee of the Code Hearing Department. The case for the property owner may be presented by the owner, his or her attorney, or any other agent or representative. (Ord. 1416, passed 4-21-1998)

§ 150.22 EVIDENCE AT HEARINGS.

At the hearing, a Hearing Officer shall preside and shall hear testimony and accept and evidence relevant to the existence or nonexistence of a code violation relating to a property or structure indicated. General Provisions 7

The strict rules of evidence applicable to judicial proceedings shall not apply to hearings authorized by this subchapter. (Ord. 1416, passed 4-21-1998)

§ 150.23 RETALIATORY ACTION AGAINST OCCUPANTS PROHIBITED.

No action for eviction, abatement of a nuisance, forcible entry and detainer or other similar proceeding shall be threatened or instituted against an occupant of a dwelling solely because such occupant agrees to testify or testifies at a code violation hearing. (Ord. 1416, passed 4-21-1998)

§ 150.24 DEFENSES.

It shall be a defense to a code violation charge under this subchapter if the property owner, his or her attorney, or any other agent or representative proves to the Hearing Officer’s satisfaction that:

(A) The code violation alleged in the notice does not in fact exist, or at the time of the hearing the violation has been remedied or removed;

(B) The code violation has been caused by the current property occupant(s) and that in spite of reasonable attempts by the property owner to maintain the dwelling free of such violations, the current occupant (s) continue to cause the violations;

(C) An occupant or resident of the dwelling has refused entry to the property owner or his or her agent to all or a part of the dwelling for the purpose of correcting the code violation. (Ord. 1416, passed 4-21-1998)

§ 150.25 FINDINGS, DECISIONS AND ORDERS.

(A) At the conclusion of the hearing the Hearing Officer shall make a determination on the basis of the evidence presented at the hearing whether or not a code violation exists. The determination shall be in writing and shall be designated as “findings, decision, and order.” The findings, decision, and order shall include the Hearing Officer’s finding of fact, a decision whether or not a code violation exists based upon the findings of facts, and an order ordering the property owner to correct the violation or dismissing the case in the event a violation is not proved.

(B) If a code violation is proved, the order may also impose the sanctions that are provided in the code for the violation proved. A copy of the findings, decision, and order shall be served on the property owner within five days after it is issued; service shall be in the same manner as the report form and 8 Madison - Land Usage summons are served pursuant to § 150.18(C) above. Payment of any penalty or fine and the disposition of fine money shall be in the same manner as set forth in the code and this subchapter. (Ord. 1416, passed 4-21-1998)

§ 150.26 FINES AND SANCTIONS.

The city adopts by reference all current and future city ordinances, and those provisions of ILCS Ch. 65, Act 5, § 11-31.1-1, et seq., governing property or zoning codes applicable to structures or properties relative to construction, plumbing, heating, electrical, fire prevention, sanitation and other health and safety standards in the city, for its enforcement and adjudication within the geographical boundaries of the city. (Ord. 1416, passed 4-21-1998)

§ 150.27 ADMINISTRATIVE REVIEW LAW TO APPLY.

The findings, decision, and order of the Hearing Officer shall be subject to review in the Circuit Court of Madison County, Illinois, and the provisions of the Administrative Review Act (ILCS Ch. 735, Act 5, §§ 3-101 et seq.), and all amendments and modifications thereto, and the rules adopted pursuant thereto are adopted and shall apply to and govern every action for the judicial review of the final findings, decision, and order of a Hearing Officer under this subchapter. (Ord. 1416, passed 4-21-1998)

§ 150.28 DISPOSITIONS OF VIOLATIONS.

(A) Any fine, other sanction or costs imposed, or part of any fine, other sanction or costs imposed remaining unpaid after the exhaustion of, or the failure to properly invoke, judicial review procedures under the Administrative Review Act shall be a debt due and owing the city and, as such, may be collected in accordance with applicable law.

(B) After expiration of the period for judicial review under the Administrative Review Act may be sought for a final determination of the code violation, the city may commence a proceeding in the Circuit Court for purposes of obtaining a judgment on the findings, decision, and order. Nothing in this section shall prevent the city from consolidating multiple findings, decisions, and orders against a person in such a proceeding. Upon commencement of the action, the city shall file a certified copy of each included findings, decision, and order, which shall be accompanied by a certification that recites facts sufficient to show that the findings, decision, and order was issued in accordance with this subchapter and applicable state law. Service of the summons and a copy of the petition may be made on the property owner(s) by any method provided by Section 2-203 of the Code of Civil Procedure, ILCS Ch. 735, Act 5, § 2-203, or by certified mail, return receipt requested, provided that the total amounts of fines, other sanctions and costs imposed by the findings, decision, and order does not exceed $2,500. (Ord. 1416, passed 4-21-1998) General Provisions 9

§ 150.29 SANCTIONS AND FINDINGS TO RUN WITH PROPERTY.

The order to correct a code violation and the sanctions imposed by the city as the result of a finding of a code violation under this subchapter shall attach to the property as well as to the property owner so that a finding of a code violation against one owner cannot be avoided by conveying or transferring the property to another owner. Any subsequent transferee or owner of property takes subject to the findings, decision, and order of a Hearing Officer under this subchapter. (Ord. 1416, passed 4-21-1998) 10 Madison - Land Usage CHAPTER 151: GENERAL BUILDING REGULATIONS; CONSTRUCTION

Section

151.01 Inspections for certain housing 151.02 Adoption of building code 151.03 Property numbering

151.99 Penalty

§ 151.01 INSPECTIONS FOR CERTAIN HOUSING.

(A) Upon the application of any resident of the city for a housing inspection to determine the resident’s ability to qualify for a federal preference, as provided for by federal law and regulations, for public housing and/or the Section 8 Housing Assistance program, the Building Inspector of the city shall conduct an inspection of the applicant’s housing to determine if it is substandard housing as determined by federal law and regulations and certify the substandard housing, if found, to the County Housing Authority.

(B) There shall be a fee of $25 for each inspection to determine substandard housing for federal preference, which fee shall be paid at the time of the application the inspection. (Ord. 1240, passed 5-10-1994)

151.02 ADOPTION OF BUILDING CODE.

(A) Adoption. A certain document, a copy of which is on file in the office of the City Clerk, being marked and designated as “The 2006 International Building Code” hereinafter referred to as the “Building Code,” be and is hereby adopted as the building code of the city, for the control of buildings, structures and premises as therein provided and each and all of the regulations, provisions, penalties, conditions and terms of the 2006 International Building Code are hereby referred to, adopted and made a part hereof as if fully set out in this section, with the additions, insertions, deletions, changes, if any described in division (B) of this section.

(B) Amendments. The following sections in the Building Code are hereby revised as follows:

(1) Section 101.1: Insert in this Section the phrase: “. . .the City of Madison, Illinois,. . .” in place of “. . .(NAME OF JURISDICTION). . .” so that this Section now reads as follows:

11 2008 S-6 12 Madison - Land Usage

“101.1 Title: These regulations shall be known as the Building Code of the City of Madison, Illinois, hereinafter referred to as ‘this code.’”

(2) Subparagraph 121.2.1 Qualifications shall be and hereby is deleted in its entirety from Section 121.0 MEANS OF APPEAL; and the phrase “. . . shall possess the qualifications required for board membership, and. . .” located immediately after the words “Alternate members” at the beginning of the second sentence in Subparagraph 121.2.2 Alternate members shall be and hereby are deleted so that said Subparagraph now reads as follows:

“121.2.2 Alternate members: The chief appointing authority shall appoint two alternate members who shall be called by the board chairman to hear appeals during the absence or disqualification of a member. Alternate members shall be appointed for five years or until a successor has been appointed.”

(3) Section 112.3.1: Insert in this Section the following building permit fee schedule in place of “. . . (JURISDICTION TO INSERT APPROPRIATE SCHEDULES) . . .” so that this Section now reads as follows:

CITY OF MADISON, ILLINOIS PERMIT FEE SCHEDULE

A. In addition to the following fees, all fees and costs for professional expertise needed by the city to perform inspections on its behalf shall be added to and included in such fees B. Construction, alteration, additions, repair or maintenance of buildings and structures: 1. Single-family and multiple-family residential structure and accessory structures a. Less than $1,000 $25 b. $1,000 or more $50 plus $5/1,000 over $1,000 2. Commercial and Industrial $100/1st $10,000 plus $5/$1,000 over $10,000 3. Decks, ramps and accessory building (including non- $40 residential) 4. Fence permit $40 5. Boilers $50 6. Mechanical (heating and air conditioning) $25 Inspection fee if failed after second inspection $25

2010 S-8 General Building Regulations; Construction 13

7. Solar $50 8. Residential roof permits $50 9. Commercial roof permits $75 C. Removal or demolition of buildings and structures $50 D. Relocation of buildings or structures $75 E. Excavation/locating (dig permit) $20 F. Plumbing inspection Rate charged by licensed plumbing inspector G. Electrical inspection (for service only) $35 plus $15/100 additional amps H. Sewer line tap-on inspection/sewage disposal system $200 I. Lateral inspection fee $50 J. Temporary utility/work permit $25 K. Certificate of occupancy (includes initial and final inspection) 1. Unfurnished and unoccupied premise $60 plus $20 for each inspection after 2nd failed inspection 2. Furnished or occupied $100 plus $20 for each inspection after 2nd failed inspection 3. Pre-inspections $75 L. Mobile home courts/parks, including water, pad, sewers, $50 per pad electrical and incidentals M. Mobile homes as granted by a special use permit $.25/s.f. N. Swimming pools (including electrical inspection and certificate $35 of occupancy) O. Radio towers, bleachers, and miscellaneous structures $50/1st $5,000 plus $3/$1,000 of estimated costs over $5,000

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P. Commercial and industrial signs/billboards $25/1st 25 s.f. plus $.25/s.f. over 25 s.f. or $2/$1,000, whichever is more Q. Miscellaneous typed letters. $30 There shall be no refunds on permits once application filed with city

(4) Section 116.4: Replace the language in this Section with the following:

“116.4 Violation Penalties: Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, construct, alter or repair a building or structure in violation of an approved plan or directive of the code official, or of a permit or certificate issued under the provision of this code, shall be guilty of an Ordinance violation, punishable by a fine of not more than $750 for each offense and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.”

(5) Section 117.2: Insert in this Section the phrase “. . .Two Hundred Fifty Dollars ($250) . . .” in place of the first “. . .(AMOUNT). . .” and the phrase “. . .Seven Hundred Fifty Dollars ($750). . .” in place of the second “. . .(AMOUNT). . .” so that said Section now reads as follows:

“117.2 Unlawful continuance: Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation of unsafe condition, shall be liable to a fine of not less than Two Hundred Fifty Dollars ($250) or more than Seven Hundred Fifty Dollars ($750).”

(6) Section 119.1 Conditions: Insert at the end of this Section the following paragraph: “...In order for a vacant structure to be deemed secured against entry, the following minimum requirements shall be met:

1. FIRST FLOOR AND BASEMENT WINDOWS Secure window opening by attaching ½ inch plywood to exterior of window with four ½ inch diameter carriage bolts running through window openings, to two 2" x 4" cleats positioned across window frame on inside. Secure bolts with washers and nuts on inside. NOTE: The upper and lower sashes will have to be positioned in the middle to allow passage for attaching bolts. Storm sashes will also have to be repositioned or removed as necessary.

2010 S-8 General Building Regulations; Construction 15

2. SECOND FLOOR WINDOWS Secure window openings by attaching 5/16 inch plywood to exterior window frames with 6d duplex nails.

3. DOOR OPENINGS One entrance shall be secured with ½ inch plywood, 3 strap hinges mounted on inside, and heavy duty hasp. Hinges and hasp shall be bolted with carriage bolts to plywood. Plywood shall be reinforced vertically with 2x4 on inside of hasp side. Attach hinges and hasp with 3 inch screws through jamb to studs. All additional door openings shall be secured in the same manner as the first floor windows (bolts and cleats). This will require moving and storing existing prime doors and storm doors.

4. COVERING WINDOWS OR DOORS OF VACANT STRUCTURES For any window or door of a vacant structure that is covered with wood or a similar non-penetrable material, such wood or non-penetrable covering shall be painted dark brown or the color of the exterior of the vacant structure.”

(7) Section 3408.2: Insert in this Section the phrase “. . .February 1, 1998,. . .” in place of “. . .(DATE TO BE INSERTED. . .WITHIN THE JURISDICTION). . .” so that this Section now reads as follows:

“3408.2 Applicability: Structures existing prior to February 1, 1998, in which there is work involving additions, alterations or changes of occupancy, shall be made to conform to the requirements of this section or the provisions of Section 3403.0 through 3407.0. The provisions in Sections 3408.2.1 through 3408.2.5 shall apply to existing occupancies that will continue to be, or are proposed to be, in Use Groups A, B, E, F, M, and R and S. These provisions shall not apply to buildings with occupancies in Use Group H or I.” (Ord. 1389, passed 12-30-1997; Am. Ord. 1400, passed 2-10-1998; Am. Ord. 1474, passed 1-12-1999; Am. Ord. 1481, passed 3-23-1999; Am. Ord. 1608, passed 3-25-2003; Am. Ord. 1692, passed 9-4-2007; Am. Ord. 1717, passed 11-10-2009)

§ 151.03 PROPERTY NUMBERING.

All buildings, residential or commercial, within the city shall be numbered. It shall be the duty of the owner and occupant of every building in the city to have placed upon the front side of the building between the front of the building and the improved portion of the street in a place visible from the street, figures at least three inches high showing the number of the structure. (Ord. 1453, passed 8-11-1998) Penalty, see § 151.99

2010 S-8 16 Madison - Land Usage

§ 151.99 PENALTY.

(A) Whoever violates any provision of this code or other ordinance of this city for which another penalty is not specifically provided shall be fined not more than $750 for each and every violation thereof, and every day the violation continues shall constitute a separate offense.

(B) (1) Any person or business entity, firm or corporation, whether by principal agent, officer, employee or otherwise, violating any provision of § 151.03 shall be fined not less than $50 nor more than $750 for each offense.

(2) A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Ord. 1453, passed 8-11-1998)

2010 S-8 CHAPTER 152: MINIMUM HOUSING STANDARDS

Section

General Provisions

152.001 Intent and purpose 152.002 Applicability 152.003 Interpretation; conflict 152.004 Rules and definitions

Safety and Sanitary Requirements

152.015 General standards 152.016 Basements and cellars 152.017 Facilities, equipment and chimneys 152.018 Floors, interior walls and ceilings 152.019 Foundations, exterior walls and roofs 152.020 Grading and drainage of lots 152.021 Infestation 152.022 Windows, doors and hatchways 152.023 Screens 152.024 Broken glass; boarding 152.025 Stairways and porches 152.026 Yards

Space and Occupancy Requirements

152.035 Ceiling heights and sleeping rooms 152.036 Basement rooms

Light and Ventilation

152.045 Illumination 152.046 Natural lighting 152.047 Ventilation requirements

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Basic Equipment and Facilities

152.060 Electrical services 152.061 Minimum requirements 152.062 Hazard 152.063 Refuse, garbage and rubbish 152.064 Heating 152.065 Water heating facilities

Administration and Enforcement

152.075 Enforcement Officer 152.076 Permits 152.077 Fees 152.078 Emergency measures 152.079 Noncompliance; notice 152.080 Placards on buildings 152.081 Vacations of buildings 152.082 Removal of placards 152.083 Right of appeal 152.084 Noncompliance; remedy of defects 152.085 Condemned buildings 152.086 Securing vacated buildings 152.087 Transfer of ownership of noncomplying buildings 152.088 Notice to city of successor of existing utility service

Boards of Appeals

152.100 Jurisdiction 152.101 Authority to make repairs 152.102 Procedure for filing appeals 152.103 Appeals 152.104 Powers 152.105 Review of Board decisions 152.106 Appeal fee disposition Minimum Housing Standards 19

GENERAL PROVISIONS

§ 152.001 INTENT AND PURPOSE.

(A) (1) The intent and purpose of this housing code is to protect the public health, safety, comfort, morals and the general welfare of the people of the city.

(2) These general objectives include, among others, the following specific purposes:

(a) To protect the character and stability of residential areas within the city;

(b) To provide minimum standards for cooking, heating and sanitary equipment necessary to the health and safety of occupants of buildings;

(d) To prevent additions or alterations to existing dwellings that would be injurious to the life, health, safety or general welfare of the occupants of the dwellings or neighboring properties;

(e) To prevent the overcrowding of dwellings by providing minimum space standards per occupant of each dwelling unit;

(f) To provide minimum standards for the maintenance of existing residential buildings to prohibit the spread of slums and blight; and

(g) To preserve the taxable value of land and buildings throughout the city.

(B) Nothing in this code shall be deemed to abolish or impair existing remedies of the municipality or its officers or agencies relating to the removal or demolition of any buildings which are deemed to be dangerous, unsafe or unsanitary. (Ord. 885, passed 1-2-1974; Am. Ord. 1102, passed 7-15-1986)

§ 152.002 APPLICABILITY.

(A) Every building or its premises used in whole or in part as a home or residence or as an accessory structure thereof, of a single family or person and every building used in whole or in part as a home or residence of two or more persons or families, living in separate apartments, shall conform to the requirements of this code, irrespective of the class to which the building may otherwise belong, and irrespective of when the building may have been constructed, altered or repaired. 20 Madison - Land Usage

(B) Any alterations to buildings, or changes of use therein which may be caused directly or indirectly by the enforcement of this code shall be done in accordance with applicable sections of the building code of this municipality. (Ord. 885, passed 1-2-1974; Am. Ord. 1102, passed 7-15-1986)

§ 152.003 INTERPRETATION; CONFLICT.

(A) This code establishes minimum standards for dwelling units and accessory buildings and does not replace or modify standards otherwise established for the construction, replacement or repair of buildings, except such as are in conflict with the provisions of this code.

(B) Any inconsistency or conflict between the provisions of this code and any provisions of other existing ordinances shall not repeal the provision or ordinance; but the provisions of this code shall be cumulative thereto. (Ord. 885, passed 1-2-1974; Am. Ord. 1102, passed 7-15-1986)

§ 152.004 RULES AND DEFINITIONS.

(A) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(B) Whenever the words “dwelling,” “dwelling unit,” “rooming house,” “rooming unit” or “premises” are used in this chapter, they shall be construed as though they were followed by the words “or any part thereof.”

ACCESSORY STRUCTURE. A detached structure subordinate to the main or principal structure and located on the same lot, the use of which is customary to the main building.

BASEMENT. The portion of a building having its floor level below the surface of the ground immediately adjoining it.

BATHROOM. A room containing bathing and sanitary facilities provided within each living unit consisting of a water closet, a tub or shower and a lavatory; a bathroom shall afford complete privacy.

BUILDING COMMISSIONER. The official designated by the city to enforce building, zoning or similar laws, and this code, or his or her duly authorized representatives.

DETERIORATION. The condition or appearance of a building or part thereof, characterized by breaks, holes, rot, crumbling, cracking, peeling, rusting or other evidence of physical decay or neglect, excessive use of or lack of maintenance. Minimum Housing Standards 21

DWELLING UNIT. One or more rooms in a building designed for occupancy by one family for living purposes and having its own permanently installed cooking and sanitary facilities.

EXTERMINATION. The control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating or trapping; or by any other recognized and legal pest elimination methods approved by the city.

FAMILY. An individual or married couple and the children thereof and no more than two other persons related directly to the individual or married couple by blood or marriage, or a group of not more than three persons, excluding servants, not related by blood or marriage, living together as a single housekeeping unit in a dwelling unit.

FENCE. An independent structure forming a barrier at grade between lots, between a lot and a street or an alley or between portions of a lot or lots. A BARRIER includes a wall or latticework screen, but excludes a hedge, natural growth or a barrier less than 18 inches in height which is used to protect plant growth.

GARBAGE. Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.

HABITABLE BUILDING. Any structure or part thereof that shall be used as a home or place of abode by one or more persons.

HABITABLE ROOM. Every room in any building in which persons sleep, eat or carry on their usual domestic or social vocations or avocations. It shall not include private laundries, bathrooms, toilet rooms, pantries, storerooms, corridors, rooms for mechanical equipment for service in the building or other similar spaces not used by persons frequently or during extended periods.

KITCHEN. A kitchen is a space of not less than 50 square feet, which contains a sink with counter working space, adequate space for installing cooking and refrigeration equipment and for the storage of cooking utensils.

MULTIPLE FAMILY DWELLING. A building or portion thereof designed or altered for occupancy by more than one family, each living independently of the other.

OCCUPANT. Any person, including owner or operator, living and sleeping in a dwelling unit or having actual possession of the dwelling or rooming unit.

OPERATOR. Any person who has charge, care or control of a building, or part thereof, in which dwelling units or rooming units are let.

ORDINARY MINIMUM WINTER CONDITIONS. The temperature 150°F above the lowest recorded temperature for the previous ten-year period. 22 Madison - Land Usage

OWNER. Any person, firm or corporation who, alone, jointly or severally with others, shall be in actual possession of, or have charge, care or control of, any dwelling or dwelling unit within the city as owner, employee or agent of the owner, or as trustee or guardian of the estate or person of the title holder, and the person shall be bound to comply with the provisions of this chapter to the same extent as the owner.

PERSON. A corporation, firm, partnership, association, organization and any other group acting as a unit as well as individuals. It shall also include an executor, administrator, trustee, receiver or other representative appointed according to law. Whenever the word PERSON is used in any section of this chapter prescribing a penalty or fine, as to partnerships or association, the word shall include the partners or members thereof, and as to corporations, shall include the officer, agents or members thereof who are responsible for any violation of the section.

PLUMBING. All of the following facilities and equipment: gas pipes, gas-burning equipment, water pipes, steam pipes, garbage disposal units, waste pipes, toilets, sinks, installed dish washers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents and any other similar fixtures, together with all connections to water, sewer or gas lines.

PROVIDED. Any material furnished, supplies, paid for or under the control of the owner.

PUBLIC HALL. A hall, corridor or passageway for egress from a dwelling not within the exclusive control of one family.

REPAIR. To restore to a sound and acceptable state of operation, serviceability or appearance. REPAIRS shall be expected to last approximately as long as would the replacement by new items.

REPLACE. To remove an existing item or portion of a system and to construct or install a new item of similar or improved. quality as the existing item when new. REPLACEMENT will ordinarily take place when the item is incapable of repair.

ROOMING UNIT. Any room or group of rooms from a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.

RUBBISH. Non-putrescible solid wastes, excluding ashes, consisting of both combustible and noncombustible wastes, such as paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery and similar materials.

STRUCTURE. Anything constructed or erected which requires permanent or temporary location on the ground or is attached to something having a permanent or temporary location on the ground. A sign or other advertising medium, detached or projecting, and fences and free-standing walls shall be construed to be a STRUCTURE.

SUBSTANDARD. All buildings used for purposes of human habitation which do not conform to the minimum standards established by this code and by any other ordinances. Minimum Housing Standards 23

SUPPLIED. Paid for, furnished or provided by or under the control of the owner or operator.

TEMPORARY HOUSING. Any tent, trailer or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure or to any utilities system on the same premises for more than 30 consecutive days.

YARD. An open space at grade on the same lot as a building or structure located between the main building and the adjoining lot line and/or street line. The measurement of a YARD shall be the minimum horizontal distance between the lot line and the building or structure. (Ord. 885, passed 1-2-1974; Am. Ord. 1102, passed 7-15-1986)

SAFETY AND SANITARY REQUIREMENTS

§ 152.015 GENERAL STANDARDS.

It shall be unlawful for any person to occupy as owner-occupant or to let or hold out to another for occupancy any dwelling unit for the purposes of living therein which is not safe, clean and fit for human occupancy, and which does not comply with the particular requirements of the following sections of this subchapter. (Ord. 885, passed 1-2-1974; Am. Ord. 1102, passed 7-15-1986) Penalty, see § 151.99

§ 152.016 BASEMENTS AND CELLARS.

Every basement and every cellar shall be maintained in a safe and sanitary condition. Water shall not be permitted to accumulate or stand on the floor. All sewer connections shall be properly trapped. All cellar and slab drains shall be covered with grating. Junk, rubbish and waste shall not be permitted to accumulate to an extent as to create fire hazards or to endanger health or safety. (Ord. 885, passed 1-2-1974; Am. Ord. 1102, passed 7-15-1986) Penalty, see § 151.99

§ 152.017 FACILITIES, EQUIPMENT AND CHIMNEYS.

Every supplied facility, fixture, system, piece of equipment or utility and every chimney and chimney flue shall be installed and maintained in a safe, sound and sanitary working condition, consistent with the requirement of this code. (Ord. 885, passed 1-2-1974; Am. Ord. 1102, passed 7-15-1986) Penalty, see § 151.99 24 Madison - Land Usage

§ 152.018 FLOORS, INTERIOR WALLS AND CEILINGS.

(A) Every floor, interior wall and ceiling shall be adequately protected against the passage and harborage of vermin and rodents and shall be kept in sound condition and good repair. Every floor shall be free of holes and cracks. Every floor shall be free of loose, warped, protruding or rotting floor boards. Every interior wall and ceiling shall be free of holes and large cracks and shall be maintained in a tight weatherproof condition. Every interior wall and ceiling shall be free of loose plaster or other structural material.

(B) Plaster, paint and all other surface materials shall be of a character as to be easily cleanable, and shall be reasonably smooth, clean and tight. Every toilet room and bathroom floor surface shall be substantially impervious to water and be capable of being maintained easily in a clean and sanitary condition. (Ord. 885, passed 1-2-1974; Am. Ord. 1102, passed 7-15-1986) Penalty, see § 151.99

§ 152.019 FOUNDATIONS, EXTERIOR WALLS AND ROOFS.

(A) The foundation, exterior walls and exterior roof shall be substantially watertight and protected against rodents and shall be kept in sound condition and repair. The foundation elements shall adequately support the building at all points. Every exterior wall shall be free of deterioration holes, breaks, loose or rotting board or timbers and any other condition which might admit rain or dampness to the interior portions of the walls or to the exterior spaces of the dwelling. The roof shall be tight and have no defects which admit rain and roof drainage shall be adequate to prevent rain water from causing dampness in the walls.

(B) All cornices, rustications, quoins, moldings, belt courses, lintels, sill, oriel windows, pediments and similar projections shall be kept in good repair and free from cracks and defects which make them hazardous and dangerous. (Ord. 885, passed 1-2-1974; Am. Ord. 1102, passed 7-15-1986) Penalty, see § 151.99

§ 152.020 GRADING AND DRAINAGE OF LOTS.

Every yard, court, vent passageway, driveway and other portion of the lot on which the dwelling stands shall be graded and drained so as to prevent the accumulation of stagnant water on any surface. Driveways shall be maintained in good repair and free of safety hazards. (Ord. 885, passed 1-2-1974; Am. Ord. 1102, passed 7-15-1986) Penalty, see § 151.99 Minimum Housing Standards 25

§ 152.021 INFESTATION.

(A) Each dwelling and all exterior appurtenances on the premises shall be adequately protected against rats, mice, termites and other vermin infestation. Building defects which permit the entrance of rats, mice, termites and other vermin shall be corrected immediately by the owner.

(B) Tenants shall be responsible for the elimination of rodents and vermin from that part of the premises under their exclusive control, except when more than one unit is infested at the same time and in this instance the owner shall be responsible for elimination of the infestation. (Ord. 885, passed 1-2-1974; Am. Ord. 1102, passed 7-15-1986) Penalty, see § 151.99

§ 152.022 WINDOWS, DOORS AND HATCHWAYS.

(A) Every window, exterior door and basement hatchway shall be substantially tight and shall be kept in sound condition and repair. Every window shall be fully supplied with window panes which are without cracks or holes. Every window sash shall be in good condition and fit reasonably tight within its frame. Every window, other than a fixed window, shall be capable of being easily opened and shall be held in position by window hardware.

(B) Every exterior floor, door hinge and door latch shall be in good condition. Every exterior door, when closed shall fit reasonably well within its frame. Every window, door and frame shall be constructed and maintained in relation to the adjacent wall construction as completely to exclude rain, and substantially to exclude wind from entering the dwelling. Every basement hatchway shall be so constructed and maintained as to prevent the entrance of rodents, rain and surface drainage water into the building. (Ord. 885, passed 1-2-1974; Am. Ord. 1102, passed 7-15-1986) Penalty, see § 151.99

§ 152.023 SCREENS.

Screens shall be supplied to the following extent:

(A) Every basement or cellar window which is openable shall be supplied with a framed heavy wire screen or hardware cloth of not less than four mesh per inch which fits tightly and is securely fastened to the frame, or with any other material affording equivalent protection against the entry of rodents; or

(B) From April 15 to November 15 of each year, every door opening directly from any family unit to the outdoors, and every window or other outside opening used for ventilation purposes, shall be supplied with a screen of not less than 16 mesh per inch and every screen door shall have a self-closing device in good working condition. However, no screen shall be required for a family unit on a floor above the fourth floor, except when unusual circumstances of insect prevalence exist. (Ord. 885, passed 1-2-1974; Am. Ord. 1102, passed 7-15-1986) Penalty, see § 151.99 26 Madison - Land Usage

§ 152.024 BROKEN GLASS; BOARDING.

(A) Every window, glazed exterior door, exterior transom or exterior sidelight shall be provided with properly installed glass or other approved glazing material.

(B) In the event of breakage, the owner shall cause the immediate removal of broken glass from the premises and shall temporarily board-up the affected openings with suitable material to provide protection from the elements and to prevent entry of insects, birds or animals and to provide security to occupants or contents of the building.

(C) (1) Adequate ventilation and natural lighting shall be provided for all occupied dwelling units. Whenever any exterior for openings are found boarded-up, it shall be the duty of the Building Commissioner to notify the owner or agent of this requirement giving him or her a period of not more than ten working days in which to properly replace the broken glass or cause the dwelling unit to be vacated.

(2) This notice shall be given in the manner required by § 152.078 and it shall be unlawful for any owner or agent to fail to comply with the order of the Building Commissioner contained in the notice.

(D) Since the presence of boarded-up buildings, particularly those where the boarding is unpainted or applied in an insecure, careless or unpresentable fashion invites vandalism, and creates a blighting influence which adversely affects the general welfare of the people of the city, it is hereby required that all boarding-up of exterior openings be accomplished in a neat workperson like manner with not less than ½ inch thick weather-resistant plywood cut to fit within openings, fastened in place as securely as possible, and suitably coated with an appropriate neutral color blending with or harmonizing with the exterior colors of the building as inconspicuously as possible. It shall be the duty of the Building Commissioner to notify the owner or agent of any boarded-up dwelling unit not complying with the above requirements, of the necessity of compliance giving him or her a period of not more than ten working days in which to replace the broken glass, or repair, replace or paint the boarding.

(E) This notice shall be given in the manner required by § 152.078 and it shall be unlawful for any owner or agent to fail to comply with the order of the Building Commissioner contained in the notice. (Ord. 885, passed 1-2-1974; Am. Ord. 1102, passed 7-15-1986) Penalty, see § 151.99

§ 152.025 STAIRWAYS AND PORCHES.

(A) Every stairway, inside or outside of the dwelling, and every porch, shall be kept in safe condition and sound repair. Every flight of stairs and every porch floor shall be free of deterioration. Every stairwell and every flight of stairs which is more than four risers high shall have rails not less than 2½ feet high, measured vertically from the nose of the tread to the top of the rail; and every porch which is more than four risers high shall have rails not less than 2½ feet above the floor of the porch. Every rail and balustrade shall be firmly fastened and maintained in good condition. Minimum Housing Standards 27

(B) No flight of stairs shall have settled more than one inch out of its intended position or have pulled away from supporting or adjacent structures. No flight of stairs shall have rotting, loose or deteriorating supports. The treads and risers of every flight of stairs shall be uniform in width and height. Every stair tread shall be strong enough to bear a concentrated load of at least 400 pounds without danger of breaking. Every porch-shall have a sound floor. No porch shall have rotting, loose or deteriorating supports. (Ord. 885, passed 1-2-1974; Am. Ord. 1102, passed 7-15-1986) Penalty, see § 151.99

§ 152.026 YARDS.

Yards shall be provided with adequate lawn, ground cover of vegetation, hedges or bushes, equal to at least 10% of the total lot area. All areas which are not covered by vegetation shall be treated to prevent dust or the blowing or scattering of dust particles into the air. All trees, bushes or vegetation which overhang a public entrance shall be properly trimmed to avoid obstruction of the view and movements of vehicles and pedestrians. (Ord. 885, passed 1-2-1974; Am. Ord. 1102, passed 7-15-1986) Penalty, see § 151.99

SPACE AND OCCUPANCY REQUIREMENTS

§ 152.035 CEILING HEIGHTS AND SLEEPING ROOMS.

No person shall occupy or let to another for occupancy any dwelling unit for the purpose of living therein which does not comply with the following requirements.

(A) Each dwelling unit shall contain the habitable rooms and closets designated below with the minimum floor areas and least dimensions as scheduled below:

Minimum Area in Square Feet

Name of Space One to Two Three to Five Six or more Least Dimensions Occupants Occupants Occupants (Applied to 90% of Required Floor Area)

Living room N.R. 120 150 Ten feet, zero inches

Dining room N.R. 80 100 Seven feet, eight inches

Kitchen 50 50 60 Three feet, zero inches, clear passage 28 Madison - Land Usage

Minimum Area in Square Feet Name of Space One to Two Three to Five Six or more Least Dimensions Occupants Occupants Occupants (Applied to 90% of Required Floor Area)

Bedrooms See § 152.036(B) below for requirements Seven feet, zero inches Closets (total) 10* 20* 30*

NOTE TO TABLE: * - Each bedroom must have six square feet of closet space opening into the bedroom.

(B) Every room occupied for sleeping purposes by one occupant shall have a minimum floor area of 70 square feet; every room occupied for sleeping purposes by two occupants shall have a minimum floor area of 100 square feet, and every room occupied for sleeping purposes by three occupants shall have a minimum floor area of 150 square feet.

(C) Every room used as a bedroom shall have access to at least one water closet located on the same floor as the bedroom, except that this requirement shall not apply to the only bedroom on a floor.

(D) Every room used as a bedroom shall have access to at least one water closet without passing through another room used as a bedroom.

(E) Habitable rooms shall have a clear ceiling height of not less than seven feet and four inches, except that in attics or top-half stories the ceiling height shall be not less than seven feet over not less than one-third of the area when used for sleeping, study or similar activity. In calculating the floor area of the rooms only those portions of the floor area of the room having a clear ceiling height of five feet or more may be included.

(F) Combined living room/dining room spaces will be construed as meeting the requirements of this section if the total area is equal to that required for separate rooms and if the space is so located that it may function as a combination living room/dining room. (Ord. 885, passed 1-2-1974; Am. Ord. 1102, passed 7-15-1986)

§ 152.036 BASEMENT ROOMS.

It shall be unlawful for any person to use or permit any room in any basement to be used to satisfy the habitable room requirements of § 152.035 unless the basement meets all the applicable requirements of this subchapter, particularly with regard to ceiling height, window area and toilet facilities, and meets the following additional requirements.

(A) The lowest point of the ceiling shall be at least three feet and six inches above the surface of the ground immediately adjoining the room. Minimum Housing Standards 29

(B) The required minimum window area is entirely above ground level.

(C) The floors and walls shall be constructed in a manner to prevent the entry of moisture and so insulated so as to prevent the condensation of moisture within the room. (Ord. 885, passed 1-2-1974; Am. Ord. 1102, passed 7-15-1986) Penalty, see § 151.99

LIGHT AND VENTILATION

§ 152.045 ILLUMINATION.

A minimum of five foot-candles of daylight or artificial illumination shall be required at all times in all public halls. All habitable rooms, passageways and stairways shall be provided with electric fixtures so that they can be adequately lighted at night. (Ord. 885, passed 1-2-1974; Am. Ord. 1102, passed 7-15-1986) Penalty, see § 151.99

§ 152.046 NATURAL LIGHTING.

All habitable rooms, except as otherwise provided in this chapter, shall be provided with a means of transmitting natural light from outside complying with the following requirements.

(A) The required clear glass area shall not be less than one-tenth of the floor area of the room and not less than ten square feet. The effective area shall be computed at not more than 80% of the actual area when a required natural light area:

(1) Faces a wall or other obstruction at a distance of less than ten feet; or

(2) Is located below a roof or other obstruction projecting more than four feet from the face of the window or other natural light area from the plane from the head to the outside of the projection forms and angle with the horizontal of less than 45 degrees.

(B) Whenever a habitable room has natural light area opening from the room to an enclosed porch, the area shall not be counted as a required light area unless the enclosed porch has a natural light area of not less than three times the required light area opening from the room to the porch. (Ord. 885, passed 1-2-1974; Am. Ord. 1102, passed 7-15-1986) Penalty, see § 151.99

§ 152.047 VENTILATION REQUIREMENTS.

(A) Every habitable room shall have a ventilation system adequate for the purpose for which the room is used. Natural ventilation shall be deemed to be adequate for a habitable room when the total 30 Madison - Land Usage area openable to the outside air (by means of windows, louvers, monitors or other direct openings excluding doors) is 5% of the floor area of the habitable room, except that when:

(1) Any portion of the room is more than 16 feet from a required opening, the aggregate clear area of openings shall be not less than 6%.

(2) A room has openable areas on two or more sides thereof, the total openable area shall be at least 4% of the total floor area of the room.

(3) The openable area faces a wall or other obstruction at a distance of less than ten feet, the effective area shall be computed at not more than 80% of the actual openable area.

(4) The openable area opens onto an enclosed porch, the enclosed porch shall have an openable area of at least three times the total required area of the openings onto the porch.

(B) A kitchen with a floor area of less than 70 square feet may be without either mechanical or natural ventilation if there is an opening of not less than 32 square feet between the kitchen and another room in the same family unit and if the room into which the kitchen opens has the ventilation requirements of the preceding paragraphs.

(C) (1) Every toilet room and bathroom shall have adequate ventilation which may be either an openable window with an openable area of 5% of the floor area, mechanical ventilation in compliance with the foregoing requirements of this section, or a gravity vent flue constructed with incombustible material leading to the roof of the building or a combination of any of these.

(2) The gravity vent shall be computed at an aggregate clear area of not less than 5% of the floor area of the room with a minimum area of at least 120 square inches.

(3) Gravity vents shall be provided with a weather cap, directional vane or rotary type ventilation on the roof. (Ord. 885, passed 1-2-1974; Am. Ord. 1102, passed 7-15-1986) Penalty, see § 151.99

BASIC REQUIREMENT AND FACILITIES

§ 152.060 ELECTRICAL SERVICES.

It shall be unlawful to occupy or permit another to occupy any dwelling unit for the purpose of living therein, which is not adequately and safely provided with an electrical system in compliance with the requirements of this section. (Ord. 885, passed 1-2-1974; Am. Ord. 1102, passed 7-15-1986) Penalty, see § 151.99 Minimum Housing Standards 31

§ 152.061 MINIMUM REQUIREMENTS.

(A) The following shall be considered as absolute minimum requirements.

(B) Conditions such as size of the dwelling unit and usage of appliances and equipment within the unit shall be used as the basis for requiring additional electrical works.

(1) Every dwelling unit in a single family or two-family building shall be served by a main service not smaller than 100 ampere, three-wire.

(2) Every habitable room shall contain not less than two wall or approved floor convenience outlets.

(3) Every laundry area shall contain at least one grounded type convenience outlet.

(4) Every bathroom, laundry room, furnace room and public hall shall contain not less than one ceiling or wall lighting fixture.

(5) Every outlet and fixture shall be properly installed, shall be maintained in good and safe working condition and shall be connected to the source of electric power in a safe manner. (Ord. 885, passed 1-2-1974; Am. Ord. 1102, passed 7-15-1986) Penalty, see § 151.99

§ 152.062 HAZARD.

(A) Wherever it is found, in the judgment of the Building Commissioner, that the electrical system in the building constitutes a hazard to the occupants or the building by reason of inadequate service, improper fusing, improper or inadequate grounding of the system, insufficient outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the defects shall be corrected to eliminate the hazard.

(B) (1) The Building Commissioner shall base his or her findings of hazard on accepted engineering practice standards as listed in Appendix B of the latest edition of the BOCA Basic Building Code.

(2) In addition to the hazards established by the Building Commissioner, the following installations are prohibited and their presence shall be deemed a hazard:

(a) Flush or semi-flush mounted floor convenience outlets unless provided with an approved waterproof cover;

(b) Extension cords for other than short term, temporary use;

(d) Loose or hanging wires;

(e) Frayed or bare wires; and

(f) Inadequately grounded, grounded type convenience outlet. (Ord. 885, passed 1-2-1974; Am. Ord. 1102, passed 7-15-1986) Penalty, see § 151.99

§ 152.063 REFUSE, GARBAGE AND RUBBISH.

Every dwelling unit shall have adequate refuse, garbage or rubbish storage facilities. (Ord. 885, passed 1-2-1974; Am. Ord. 1102, passed 7-15-1986) Penalty, see § 151.99

§ 152.064 HEATING.

(A) (1) Every dwelling unit shall have heating facilities which are capable of safely and adequately heating all habitable rooms, bathrooms and water closet compartments within its wall to a temperature of a least 70°F when the outside temperature is 0°F.

(2) Gas appliances designed primarily for cooking or water heating purposes shall not be considered as heating facilities within the meaning of this section. Portable heating equipment employing flame and the use of liquid fuels does not meet the requirements of this section and is prohibited.

(3) The owner may require that the occupant shall provide the required heating facilities at the occupant’s expense, but an agreement or requirement does not relieve the owner from responsibility for the presence of the heating equipment for the unit.

(B) Every owner, agent and manager of any apartment house, hotel, rooming house, flat or other building whatsoever who leases, rents or lets one or more dwelling units on terms, either express or implied, to furnish heat to the tenants or occupants thereof, shall, and is hereby directed to, maintain during the months of October, November, December, January, February, March, April and the first 15 days of May of each year sufficient heat in the rooms so occupied as living quarters to produce a temperature of not less than 70°F during the hours between 6:30 a.m. and 10:30 p.m. of each day, and shall maintain a temperature of not less than 60°F during the other hours of the day, except that when the outside temperature drops below 0°F and the heating plant is operating at its full capacity, a minimum inside temperature of 60°F shall be maintained at all times, and it shall be the duty of every janitor, firefighter or other employee who shall assume or engage in employment to operate the furnace or heating plant of any such apartment house, hotel, rooming house, flat or other building aforesaid to maintain the heat as aforesaid and as in this subchapter defined and set out. (Ord. 885, passed 1-2-1974; Am. Ord. 1102, passed 7-15-1986) Penalty, see § 151.99 Minimum Housing Standards 33

§ 152.065 WATER HEATING FACILITIES.

(A) Every dwelling unit shall have supplied water heating facilities which are properly installed, are maintained in safe and good working condition, are properly connected with the hot water lines required under the provisions of this code and are capable of heating water to a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than 120°F. The supplied water-heating facilities shall be capable of meeting the requirements of this section when the dwelling or dwelling unit heating facilities required under the provisions of sections of this subchapter are not in operation.

ADMINISTRATION AND ENFORCEMENT

§ 152.075 ENFORCEMENT OFFICER.

It shall be the duty and responsibility of the Building Commissioner to enforce the provisions of the Housing Code as herein provided.

(A) Coordination of enforcement. Inspection of premises and the issuing of orders in connection therewith under the provisions of this code shall be the exclusive responsibility of the Building Commissioner. Wherever, in the opinion of the Building Commissioner it is necessary or desirable to have inspections of any condition by any other department he or she shall arrange for this to be done in a manner that the owners or occupants of buildings shall not be subjected to visits by numerous inspectors nor to multiple or conflicting orders. No order for correction of any violation under this code shall be issued without the approval of the Building Commissioner, and it shall be the responsibility of that official before issuing any order to determine that it has the concurrence of any other department or official of the government concerned with any matter involved on the case in question.

(B) Administrative liability. Except as may otherwise be provided by statute or ordinance, no officer, agent or employee of the municipality charged with the enforcement of the Housing Code shall render himself or herself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his or her duties under this code. No person who institutes or assists in the prosecution of a criminal proceeding under this code shall be liable to damages hereunder unless he or she acted with actual malice and without reasonable grounds for 34 Madison - Land Usage believing that the person accused or prosecuted was guilty of an unlawful act or omission. Any suit brought against any officer, agent, or employee of the municipality, as a result of any act required or permitted in the discharge of his or her duties under this code, shall be defended by the legal representative of the municipality until the final determination of the proceedings therein.

(C) Inspections. The Building Commissioner shall make or cause to be made inspections to determine the conditions of dwellings, multi-family dwellings, dwelling units, rooming houses, rooming units and premises in order to safeguard the safety, morals and welfare of the public under the provisions of this code. The Building Commissioner is authorized to enter any dwelling, dwelling unit, multi- family dwelling, rooming house or premises at any reason able time for the purpose of performing his or her duties under this code. The owner, operator or occupant of every dwelling, multi-family dwelling, dwelling unit, rooming unit or the person in charge thereof shall give the Building Commissioner free access thereto and to all parts thereof and to the premises on which it is located at all reasonable times for the purpose of the inspection, examination and survey. (Ord. 885, passed 1-2-1974; Am. Ord. 1102, passed 7-15-1986)

§ 152.076 PERMITS.

(A) (1) It shall be unlawful for any person, firm or corporation to hereafter occupy or for any owner or agent thereof to permit the occupation of any building, or addition thereto, or part thereof, for any purpose until a certificate of occupancy has been issued by the Building Commissioner. A certificate of occupancy shall not be issued until an inspection has been conducted by the Building Commissioner of the dwelling unit for which the certificate of occupancy has been requested.

(2) The certificate of occupancy so issued shall state that the occupancy complies with all the provisions of this chapter. This section shall not apply to any occupancy in existence at the time of the adoption of this chapter.

(B) (1) It shall be unlawful for any person, firm or corporation that provides a utility service, such as gas, water, electricity and the like, to provide its service to any building, or addition thereto, or part thereof, that is to be used as a dwelling unit until a certificate of occupancy has been issued by the Building Commissioner and presented to the utility service.

(2) This section shall not apply to any occupancy in existence at the time of adoption of this chapter.

(C) Any person, firm or corporation that provides a utility service, such as gas, water, electricity and the like may provide its services to any building or addition thereto, or part thereof, that is to be used as a dwelling unit for the purposes of repairing, enlarging, remodeling, rebuilding, building or any other type of work which is required to make the structure acceptable under this chapter, if a temporary certificate of occupancy has been issued by the Building Commissioner and presented to the utility Minimum Housing Standards 35 service, the certificate when issued shall state the building, or addition thereto, or part thereof for which it is issued, the type of utility services that may be provided, the period of time that it is valid for, and the reason for the permit.

(D) A temporary certificate of occupancy shall not be issued until an inspection has been conducted by the Building Commissioner of the dwelling unit for which the temporary certificate of occupancy has been requested. (Ord. 885, passed 1-2-1974; Am. Ord. 1102, passed 7-15-1986) Penalty, see § 151.99

§ 152.077 FEES.

(A) Occupancy permit.

(1) The fee for an occupancy permit shall be $2 for each dwelling unit occupied.

(2) The fee for a temporary occupancy permit shall be $2 for each dwelling unit.

(B) Inspection. The fee for inspection by the Building Commissioner of each dwelling unit upon which an occupant permit or temporary occupancy permit has been requested shall be $25. For a temporary occupancy permit, the fee shall be $15. There shall be an additional $15 inspection fee when the holder of a valid temporary occupancy permit requests an occupancy permit.

(C) Application. It shall be unlawful for any person to knowingly make any false statement in his or her application for an occupancy permit or temporary occupancy permit as to the names, ages, relationships or numbers of occupants who will occupy the premises or the reasons for which the respective permits are requested. (Ord. 885, passed 1-2-1974; Am. Ord. 1102, passed 7-15-1986)

§ 152.078 EMERGENCY MEASURES.

(A) When any dwelling unit has become so damaged by fire, wind or other causes, or has become so unsafe, unhealthful or unsanitary, that in the opinion of the Building Commissioner life or health is immediately endangered by the occupation of the dwelling unit, the Building Commissioner is hereby authorized and empowered to revoke without notice any occupancy permits for the dwelling units and to order and require the occupants to vacate the same forthwith and to order the owner or agent to proceed immediately with the corrective work and repairs required to make the dwelling unit temporarily safe and fit for human habitation, whether or not a notice of violation has been given as described in this chapter, and whether or not legal procedures described by city ordinances have been instituted.

(B) It shall be unlawful for any person to fail to comply with any emergency order of the Building Commissioner. (Ord. 885, passed 1-2-1974; Am. Ord. 1102, passed 7-15-1986) Penalty, see § 151.99 36 Madison - Land Usage

§ 152.079 NONCOMPLIANCE; NOTICE.

Whenever the Building Commissioner determines there are reasonable grounds to believe there has been a violation of any provision of this code, he or she will give notice of the alleged violation to the person or persons responsible therefor which shall:

(A) Be in writing;

(B) Contain a statement of the reason why it is being issued;

(D) Be served upon the owner or his or her agent, or the occupant, as the case may require. The notice shall be deemed to be properly served upon the owner or agent, or on any occupant, if a copy thereof is:

(1) Served upon him or her personally;

(2) Sent by registered mail to his or her last known address; and

(3) Posted in a conspicuous place in or about the dwelling affected by notice.

(E) Contain an outline of remedial action which if taken will effect compliance with the provisions of this code. (Ord. 885, passed 1-2-1974; Am. Ord. 1102, passed 7-15-1986)

§ 152.080 PLACARDS ON BUILDINGS.

The designation of dwelling units are unfit for human habitation and the procedure for the declaration and placarding of the unfit dwellings or dwelling units shall be carried out in compliance with the following requirements:

(A) Any dwelling or dwelling unit which shall be found to have any of the following defects shall be declared unfit for human habitation and shall be so designated and placarded by the Building Commissioner when the person responsible has failed to correct the condition set forth in a notice issued in accordance with § 152.079;

(B) One which is so damaged, decayed, dilapidated, unsanitary, unsafe or vermin-infested that it creates a serious hazard to the health or safety of the occupants or of the public;

(C) One which lacks illumination, ventilation or sanitation facilities adequate to protect the health or safety of the occupants or of the public; or Minimum Housing Standards 37

(D) One which because of its general condition or location is unsanitary, or otherwise dangerous, to the health or safety of the occupants or of the public. (Ord. 885, passed 1-2-1974; Am. Ord. 1102, passed 7-15-1986)

§ 152.081 VACATIONS OF BUILDINGS.

(A) Any dwelling or dwelling unit condemned as unfit for human habitation and so designated and placarded by the Building Commissioner shall be vacated within a reasonable time as ordered by the Building Commissioner.

(B) No dwelling or dwelling unit which has been condemned and placarded as unfit for human habitation shall again be used for human habitation until written approval is secured from, and the placard removed by, the Building Commissioner. The Building Commissioner shall remove the placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. (Ord. 885, passed 1-2-1974; Am. Ord. 1102, passed 7-15-1986) Penalty, see § 151.99

§ 152.082 REMOVAL OF PLACARDS.

No person shall deface or remove the placard from any dwelling or dwelling unit which has been condemned as unfit for human habitation and placarded as such, except as provided in § 152.081. (Ord. 885, passed 1-2-1974; Am. Ord. 1102, passed 7-15-1986) Penalty, see § 151.99

§ 152.083 RIGHT OF APPEAL.

Any person affected by any notice or order relating to the condemning and placarding of a dwelling or dwelling unit as unfit for human habitation may request and shall be granted a hearing on the matter before the Board of Appeals under the procedure set forth in this code. (Ord. 885, passed 1-2-1974; Am. Ord. 1102, passed 7-15-1986)

§ 152.084 NONCOMPLIANCE; REMEDY OF DEFECTS.

(A) The owner of any building shall have 30 days from the issuance of the notice provided for in § 152.079 in which to remedy the condition therein specified, except when emergency conditions shall require immediate action as provided in § 152.079. The Building Commissioner may, at his or her discretion, extend the time for compliance with any notice.

(B) It shall be unlawful for any person to fail to comply with any order of the Building Commissioner contained in the notice described in § 152.079. (Ord. 885, passed 1-2-1974; Am. Ord. 1102, passed 7-15-1986) Penalty, see § 151.99 38 Madison - Land Usage

§ 152.085 CONDEMNED BUILDINGS.

If any building covered by this code shall be found to be unfit for human habitation and the cost of repair or alteration shall be deemed prohibitive by the Building Commissioner, then he or she shall condemn the building and proceed with its removal as in all other cases of condemned buildings. (Ord. 885, passed 1-2-1974; Am. Ord. 1102, passed 7-15-1986)

§ 152.086 SECURING VACATED BUILDINGS.

(A) The owner of every building or dwelling unit or rooming unit which is declared “unfit for human habitation” for continued occupancy shall make the dwelling, building or rooming unit safe and secure under the terms so that it shall not be dangerous to human life and shall not constitute a fire hazard or public nuisance.

(B) Any vacant dwelling open at doors or windows, if unguarded, shall be deemed to be dangerous to human life as a fire hazard and a public nuisance within the meaning of this provision. (Ord. 885, passed 1-2-1974; Am. Ord. 1102, passed 7-15-1986)

§ 152.087 TRANSFER OF OWNERSHIP OF NONCOMPLYING BUILDINGS.

(A) It shall be unlawful for the owner of any dwelling unit who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish to the grantee, transferee, mortgagee or lessee a true copy of any compliance or notice of violation, issued by the Building Commissioner and shall furnish to the Building Commissioner a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of the compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by the compliance order or notice of violation.

(B) (1) For purposes of this chapter, the occupant, renter or lessee shall be considered and deemed separate and independent from the owner, lessor or landlord, unless they be one and the same for the dwelling unit on the day of the violation and shall each separately and independently be subject upon conviction to a fine.

(2) Each day of the continued violation shall constitute a separate additional violation.

(3) Nothing herein shall limit any other right or remedy of the city or other person in interest, including the right to obtain an injunction of any violation from a court of competent jurisdiction. (Ord. 885, passed 1-2-1974; Am. Ord. 1102, passed 7-15-1986) Penalty, see § 151.99 Minimum Housing Standards 39

§ 152.088 NOTICE TO CITY OF SUCCESSOR OF EXISTING UTILITY SERVICE.

(A) For any month when there is a change of user of residential (rate 001) or non-residential (rate 043) electric service within the city, Illinois Power Company shall notify the Building Department of the city in writing within seven working days after the end of the month of the changes, indicating the address and apartment or unit number in whose name the service is connected or billed.

(B) For any month when there is a change of user of residential (rate 001) or non-residential (rate 043) electric service within the city, Ameren UE Company shall notify the Building Department of the city in writing within seven working days after the end of the month of the changes, indicating the address and apartment or unit number in whose name the service is connected or billed. (Ord. 1577, passed 4-9-2002; Am. Ord. 1578, passed 4-9-2002)

BOARD OF APPEALS

§ 152.100 JURISDICTION.

The Board of Appeals, under the Building Code, shall have jurisdiction under this chapter to hear and decide appeals where it is alleged by any aggrieved person that there is error in any order, requirement, decision or determination made by the Building Commissioner or any other person charged with the enforcement of this code. (Ord. 885, passed 1-2-1974; Am. Ord. 1102, passed 7-15-1986)

§ 152.101 AUTHORITY TO MAKE REPAIRS.

(A) If the owner fails to comply with the notice issued by the Building Commissioner under this code, then and in such event the Building Commissioner shall certify the failure to the Board of Appeals, the Board is authorized and may direct the Building Commissioner to take the action as may be necessary to repair, replace, rebuild or otherwise remedy the conditions specified in the notice. If the Board of Appeals proceeds to order the condition remedied, then the cost thereof shall be at the expense of the owner.

(B) The costs shall be submitted to the owner or owners of the property; if the costs are not paid within 60 days after rendered, then the Board of Appeals shall certify the amount to the City Attorney for appropriate action. (Ord. 885, passed 1-2-1974; Am. Ord. 1102, passed 7-15-1986) 40 Madison - Land Usage

§ 152.102 PROCEDURE FOR FILING APPEALS.

(A) Any appeal herein shall be taken within 30 days after the decision is rendered by filing with the Building Commissioner a notice of appeal, specify the grounds therefor, and by depositing with the Building Commissioner the sum of $100 as an appeal fee.

(B) The Building Commissioner shall forthwith submit to the Board a copy of this notice of appeal together with all the papers constituting the record upon which the action appealed from is taken. (Ord. 885, passed 1-2-1974; Am. Ord. 1102, passed 7-15-1986)

§ 152.103 APPEALS.

(A) An appeal, pursuant to division § 152.102, shall stay all proceedings in furtherance of the action appealed from unless the Building Commissioner or Health Commissioner shall certify to the Board of Appeals, subsequent to the filing of any notice of appeal, that by reason of the facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise that by the order of any court of competent jurisdiction.

(B) It shall be the duty of the Building Commissioner and the Health Commissioner to furnish the Board of Appeals, upon request, with copies of reports of any or all inspections made by officers in the matter on appeal and to furnish other information as may be available to them and request by the Appeal Board.

(C) The Board of Appeals shall fix a time and place for the hearing of appeals. The hearing shall be within a reasonable time after the filing of the notice of appeal. Notice of the time and place of hearing shall be sent by mail to the appellant or to his or her attorney of record and the hearing shall not be less than ten days after the mailing of the notice.

(D) In exercising the powers enumerated in this code, the Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make the order, requirement, decision or determination as ought to be made. The Board of Appeals shall act by majority vote and a quorum shall consist of at least five members. The action of the Board shall not become effective until after the resolution of the Board setting forth the reason for its decision and the vote of each member participation therein has been included in the minutes. The resolutions, immediately following the Board°s final decision, shall be filed in the office of the Board and shall be open for public inspection. (Ord. 885, passed 1-2-1974; Am. Ord. 1102, passed 7-15-1986) Minimum Housing Standards 41

§ 152.104 POWERS.

The powers granted by this code to the Board of Appeals shall be in addition to those conferred upon it by the city’s Building Code. (Ord. 885, passed 1-2-1974; Am. Ord. 1102, passed 7-15-1986)

§ 152.105 REVIEW OF BOARD DECISIONS.

Any decision of the Board under this chapter shall be subject to review by any court of competent jurisdiction. (Ord. 885, passed 1-2-1974; Am. Ord. 1102, passed 7-15-1986)

§ 152.106 APPEAL FEE DISPOSITION.

If a decision appealed from is affirmed, the appeal fee previously deposited by appellant shall be forfeited and the money shall be paid into the City Treasury. If the decision appealed from shall be reversed or modified, then the appeal fee shall be refunded to appellant. (Ord. 885, passed 1-2-1974; Am. Ord. 1102, passed 7-15-1986) 42 Madison - Land Usage CHAPTER 153: FLOOD DAMAGE PREVENTION

Section General Provisions

153.01 Purpose 153.02 Definitions 153.03 Base flood elevation 153.04 Disclaimer of liability 153.05 Abrogation and greater restrictions

Flood Hazard Prevention

153.15 Preventing increased flood heights and damages 153.16 Protecting buildings 153.17 Subdivision and other development requirements

Administration and Enforcement

153.30 Building Inspector; duties 153.31 Development permit 153.32 Variances

153.99 Penalty

GENERAL PROVISIONS

§ 153.01 PURPOSE.

This chapter is enacted pursuant to the police powers and zoning powers granted to the city by the Illinois Municipal Code (ILCS Ch. 65, Act 5, §§ 1-2-1, 11-13-1, 11-30-2, 11-30-8 and 11-31-2) in order to accomplish the following purposes:

(A) To prevent unwise developments from increasing flood or drainage hazards to others;

(B) To protect new buildings and major improvements to buildings from flood damage;

43 44 Madison - Land Usage

(D) To lessen the burden on the taxpayer for flood control, repairs to public facilities and utilities, and flood rescue and relief operations;

(E) To maintain property values and a stable tax base by minimizing the potential for creating blight areas; and

(F) To make federally subsidized flood insurance available. (Ord. 1352, passed 2-11-1997)

§ 153.02 DEFINITIONS.

For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BASE FLOOD. The flood having a 1% probability of being equaled or exceeded in any given year. The base flood is also known as the 100-year flood.

BUILDING. A structure that is principally above ground and is enclosed by walls and a roof including manufactured homes and prefabricated buildings. The term also includes recreational vehicles and travel trailers to be installed on a site for more than 180 days.

DEVELOPMENT.

(1) Any man-made change to real estate including, but not necessarily limited:

(a) Construction, reconstruction, or placement of a building, or any addition to a building, exceeding seven square feet in floor area;

(b) Substantial improvement of an existing building;

(c) Installation of a manufactured home on a site, preparing a site fro a manufactured home, or installing a travel trailer on a site for more than 180 days;

(d) Installation of utilities, construction of roads, bridges, culverts or similar projects;

(e) Construction or erection of levees, dams, walls, or fences;

(f) Drilling, mining, filling, dredging, grading, excavating, paving, or other alterations of the ground surface; Flood Damage Prevention 45

(g) Storage of materials including the placement of gas and liquid storage tanks; and

(h) Channel modifications or any other activity that might change the direction, height, or velocity of flood or surface waters.

(2) DEVELOPMENT does not include maintenance of existing buildings and facilities; resurfacing roads; or gardening, plowing, and similar practices that do not involve filling, grading, or construction of levees.

FEMA. Federal Emergency Management Agency.

FLOOD. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow, the unusual and rapid accumulation, or the runoff of surface waters from any source.

FLOOD FRINGE. That portion of the floodplain outside of the regulatory floodway.

FLOOD INSURANCE RATE MAP. A map prepared by the Federal Emergency Management Agency that depicts the floodplain or special flood hazard area (SFHA) within a community. This map includes insurance rate zones and may or may not depict floodways and show base flood elevations.

FLOODPLAIN and SPECIAL FLOOD HAZARD AREA (SFHA). Synonymous terms meaning those lands within the jurisdiction of the city that are subject to inundation by the base flood. The floodplains of the city are generally identified as such on the Flood Insurance Rate Map of the city prepared by the Federal Emergency Management Agency and dated July 16, 1980, and as subsequently amended. The floodplains of those parts of unincorporated Madison and St. Clair Counties that are within the extraterritorial jurisdiction of the city or that may be annexed into the city are generally identified as such on the Flood Insurance Rate Map prepared for Madison and St. Clair Counties by the Federal Emergency Management Agency and dated April 15, 1982 and August 5, 1985, respectively.

FLOODPROOFING. Any combination of structural or nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate, property and their contents.

FLOODPROOFING CERTIFICATE. A form published by the Federal Emergency Management Agency that is used to certify that a building has been designed and constructed to be structurally dry floodproofed to the flood protection elevation.

FLOOD PROTECTION ELEVATION or FPE. The elevation of the base flood plus one foot of freeboard at any given location in the floodplain.

FLOODWAY. That portion of the floodplain required to store and convey the base flood. The floodway for each of the floodplains of the city shall be according to the best data available from federal, state, or other sources. 46 Madison - Land Usage

IDNR/OWR. Illinois Department of Natural Resources/Office of Water Resources.

MANUFACTURED HOME. A structure transportable in one or more sections, that is built on a permanent chassis and is designed to be used with or without a permanent foundation when connected to required utilities.

NFIP. National Flood Insurance Program.

SFHA. National Flood Insurance Program.

SUBSTANTIAL IMPROVEMENT. Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either, before the improvement or repair is started, or if the structure has been damaged, and is being restored, before the damage occurred. SUBSTANTIAL IMPROVEMENT is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either any improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions or any alteration of a structure listed on the National Register of Historic Places or the Illinois Register of Historic Places.

TRAVEL TRAILER or RECREATIONAL VEHICLE. A vehicle which is:

(1) Built on a single chassis;

(2) Four-hundred square feet or less in size;

(3) Designed to be self-propelled or permanently towable by a light duty truck; and

(4) Designed primarily for use as temporary living quarters for recreational, camping, travel, or seasonal use and not as a permanent dwelling. (Ord. 1352, passed 2-11-1997; Am. Ord. 1550, passed 6-19-2001)

§ 153.03 BASE FLOOD ELEVATION.

(A) This chapter’s protection standard is the base flood. The best available base flood elevation data are listed below. Whenever a party disagrees with the best available data, the party may finance the detailed engineering study needed to replace the existing data with better data and submit it to the Federal Emergency Management Agency for approval.

(B) Base flood elevation data are listed below: Flood Damage Prevention 47

(1) The base flood elevation for the floodplains of the Mississippi River shall be as delineated on the 100-year flood profiles in the Flood Insurance Study of the city prepared by the Federal Emergency Management Agency and dated January 1980, and as subsequently amended.

(2) The base flood elevation for each floodplain delineated as an “AH Zone” or “AO Zone” shall be that elevation (or depth) delineated on the Flood Insurance Rate Map of the city.

(3) The base flood elevation for each of the remaining floodplains delineated as an “A Zone” on the Flood Insurance Rate Map of the city shall be according to the best data available from federal, state or other sources. Should no other data exist, an engineering study must be financed to determine base flood elevations.

(4) The base flood elevation for the floodplains of those parts of unincorporated Madison and St. Clair Counties that are within the extraterritorial jurisdiction of the city, or that may be annexed into the city, shall be as delineated on the 100-year flood profiles of the Flood Insurance Study of Madison and St. Clair Counties prepared by the Federal Emergency Management Agency and dated January 31, 1975, and as subsequently amended. (Ord. 1352, passed 2-11-1997; Am. Ord. 1550, passed 6-19-2001)

§ 153.04 DISCLAIMER OF LIABILITY.

The degree of protection required by this chapter is considered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of study. Larger floods may occur or flood heights may be increased by man-made or natural causes. This chapter does not imply that development either inside or outside of the floodplain will be free from flooding or damage. This chapter does not create liability on the part of the city or any officer or employee thereof for any flood damage that results from proper reliance on this chapter or any administrative decision made lawfully thereunder. (Ord. 1352, passed 2-11-1997)

§ 153.05 ABROGATION AND GREATER RESTRICTIONS.

This chapter repeals and replaces other ordinances adopted by the City Council to fulfill the requirements of the National Flood Insurance Program. However, this chapter does not repeal the original ordinance, (Ordinance No. 935) and captioned “An Ordinance Adopting Regulations For The Construction, Substantial Improvement, Subdivision of Land, Placement of Mobile Homes Or Other Development In Relation To Flood Hazard Areas”, adopted to achieve eligibility in the program. Nor does this chapter repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Where this chapter’s and other ordinance’s easements, covenants, or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. 1352, passed 2-11-1997) 48 Madison - Land Usage

FLOOD HAZARD PREVENTION

§ 153.15 PREVENTING INCREASED FLOOD HEIGHTS AND DAMAGES.

Within the floodway identified on the flood boundary and floodway map, and within all other floodplains where a floodway has not been delineated, the following standards shall apply:

(A) Except as provided in division (B) below of this section, no development shall be allowed which, acting in combination with existing and anticipated development, will cause any increase in flood heights or velocities or threat to public health and safety. The following specific development activities shall be considered as meeting this requirement:

(1) Barge fleeting facilities meeting the conditions of IDNR/OWR Statewide Permit No. 3;

(2) Aerial utility crossings meeting the conditions of IDNR/OWR Statewide Permit No. 4;

(3) Minor boat docks meeting the conditions of IDNR/OWR Statewide Permit No. 5;

(4) Minor, non-obstructive activities meeting the conditions of IDNR/OWR Statewide Permit No. 6;

(5) Outfall structures and drainage ditch outlets meeting the conditions of IDNR/OWR Statewide Permit No. 7;

(6) Underground pipeline and utility crossings meeting the conditions of IDNR/OWR Statewide Permit No. 8;

(7) Bank stabilization projects meeting the conditions of IDNR/OWR Statewide Permit No. 9;

(8) Accessory structures and additions to existing residential buildings meeting the conditions of IDNR/OWR Statewide Permit No. 10;

(9) Minor maintenance dredging activities meeting the conditions of IDNR/OWR Statewide Permit No. 11; and

(10) Any development determined by IDNR/OWR to be located entirely in a flood fringe area.

(B) Other development activities not listed in (A) may be permitted only if:

(1) A permit has been issued for the work by IDNR/OWR (or written documentation is provided that an IDNR/OWR permit is not required); and Flood Damage Prevention 49

(2) Sufficient data has been provided to FEMA when necessary, and approval obtained for a revision of the regulatory map and base flood elevation. (Ord. 1352, passed 2-11-1997) Penalty, see § 153.99

§ 153.16 PROTECTING BUILDINGS.

(A) In addition to the damage prevention requirements of § 153.15, all buildings to be located in the floodplain shall be protected from flood damage below the flood protection elevation. This building protection requirement applies to the following situations:

(1) Construction or placement of a new building valued at more than $1,000;

(2) Substantial improvements made to an existing building;

(3) Structural alterations made to an existing building that increase the floor area by more than 20%;

(4) Installing a manufactured home on a new site or a new manufactured home on an existing site (the building protection requirements do not apply to returning a manufactured home to the same site it lawfully occupied before it was removed to avoid flood damage); and

(5) Installing a travel trailer on a site for more than 180 days.

(B) Residential or non-residential buildings can meet the building protection requirements by one of the following methods:

(1) The building may be constructed on permanent land fill in accordance with the following:

(a) The lowest floor (including basement) shall be at or above the flood protection elevation;

(b) The fill shall be placed in layers no greater than one foot before compaction and should extend at least ten feet beyond the foundation before sloping below the flood protection elevation;

(c) The fill shall be protected against erosion and scour during flooding by vegetative cover, riprap, or other structural measure;

(d) The fill shall be composed of rock or soil and not incorporate debris or refuse materials; and

(e) The fill shall not adversely affect the flow of surface drainage from or onto neighboring properties and when necessary, storm water management techniques such as swales or basins shall be incorporated; or 50 Madison - Land Usage

(2) The building may be elevated in accordance with the following:

(a) The building or improvements shall be elevated on stilts, piles, walls, or other foundation that is permanently open to flood waters;

(b) The lowest floor and all electrical, heating, ventilating, plumbing, and air conditioning equipment and utility meters shall be located at or above the flood protection elevation;

(c) If walls are used, all enclosed areas below the flood protection elevation shall address hydrostatic pressures by allowing the automatic entry and exit of flood waters. Designs must either be certified by a registered professional engineer to provide adequate flow to equalize hydrostatic pressure or provide a minimum of one permanent opening on each wall, no more than one foot above grade. The openings shall provide a total net area of not less than one square inch for every one square foot of enclosed area subject to flooding below the base flood elevation;

(d) The foundation and supporting members shall be anchored and aligned in relation to flood flows and adjoining structures so as to minimize exposure to hydrodynamic forces such as current, waves, ice and floating debris;

(e) The finished interior grade shall not be less than the finished exterior grade;

(f) All structural components below the flood protection elevation shall be constructed of materials resistant to flood damage;

(g) Water and sewer pipes, electrical and telephone lines, submersible pumps, and other service facilities may be located below the flood protection elevation provided they are waterproofed; and

(h) The area below the flood protection elevation shall be used solely for parking or building access and not occupied as habitable space or used for the storage of materials.

(1) Elevated to or above the flood protection elevation; and

(2) Shall be anchored to resist flotation, collapse, or lateral movement by being tied down in accordance with the Rules and Regulations for the Illinois Mobile Home Tie-Down Act (ILCS Ch. 210, Act 120, §§ 1 et seq.) issued pursuant to 77 IL Adm. Code 870.

(D) Non-residential buildings may be structurally dry floodproofed (in lieu of elevation) provided a registered professional engineer or architect certifies that:

(1) Below the flood protection elevation the structure and attendant utility facilities are watertight and capable of resisting the effects of the base flood; Flood Damage Prevention 51

(2) The building design accounts for flood velocities, duration, rate of rise, hydrostatic and hydrodynamic forces, the effects of buoyancy, and impact from debris and ice; and

(3) Floodproofing measures will be incorporated into the building design and operable without human intervention and without an outside source of electricity.

(E) Levees, berms, floodwalls and similar works are not considered floodproofing for the purpose of this section. (Ord. 1352, passed 2-11-1997) Penalty, see § 153.99

§ 153.17 SUBDIVISION AND OTHER DEVELOPMENT REQUIREMENTS.

(A) The City Council shall take into account flood hazards, to the extent that they are known, in all official actions related to land management use and development.

(B) New subdivisions, manufactured home parks, annexation agreements, planned unit developments, and additions to manufactured home parks and subdivisions shall meet the damage prevention and building protection standards of §§ 153.15 and 153.16 of this chapter. Any proposal for such development shall include the following data:

(1) The base flood elevation and the boundary of the floodplain (where the base flood elevation is not available from an existing study, the applicant shall be responsible for calculating the base flood elevation);

(2) The boundary of the floodway when available; and

(3) A signed statement by a Registered Professional Engineer that the proposed plat or plan accounts for changes in the drainage of surface waters in accordance with the Plat Act (ILCS Ch. 765, Act 205, § 2).

(C) Public health standards must be met for all floodplain development. In addition to the requirements of §§ 153.15 and 153.16, the following standards apply:

(1) No development in the floodplain shall include locating or storing chemicals, explosives, buoyant materials, flammable liquids, pollutants, or other hazardous or toxic materials below the flood protection elevation unless such materials are stored in a storage tank or floodproofed building constructed according to the requirements of § 153.16 of this chapter.

(2) Public utilities and facilities such as sewer, gas, and electric shall be located and constructed to minimize or eliminate flood damage; 52 Madison - Land Usage

(3) Public sanitary sewer systems and water supply systems shall be located and constructed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters;

(4) New and replacement on-site sanitary sewer lines or waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding. Manholes or other above ground openings located below the flood protection elevation shall be watertight.

(D) All other activities defined as development shall be designed so as not to alter flood flows or increase potential flood damages. (Ord. 1352, passed 2-11-1997) Penalty, see § 153.99

ADMINISTRATION AND ENFORCEMENT

§ 153.30 BUILDING INSPECTOR; DUTIES.

(A) The Building Inspector shall be responsible for the general administration of this chapter and ensure that all development activities within the floodplains under the jurisdiction of the city meet the requirements of this chapter.

(B) Specifically, the Building Inspector shall:

(1) Process development permits in accordance with § 153.31;

(2) Ensure that all development in a floodway (or a floodplain with no delineated floodway) meets the damage prevention requirements of § 153.15;

(3) Ensure that the building protection requirements for all buildings subject to § 153.16 are met and maintain a record of the “as-built” elevation of the lowest floor (including basement) or floodproof certificate;

(4) Assure that all subdivisions and annexations meet the requirements of § 153.17;

(5) If a variance is requested, ensure that the requirements of § 153.32 are met and maintain documentation of any variances granted;

(6) Inspect all development projects and take any and all actions outlined in § 153.99 as necessary to ensure compliance with this chapter.

(7) Assure that applicants are aware of and obtain any and all other required local, state and federal permits; Flood Damage Prevention 53

(8) Notify IDNR/OWR and any neighboring communities prior to any alteration or relocation of a watercourse;

(9) Provide information and assistance to citizens upon request about permit procedures and floodplain construction techniques;

(10) Cooperate with state and federal floodplain management agencies to coordinate base flood data and to improve the administration of this chapter; and

(11) Maintain for public inspection base flood data, floodplain maps, copies of state and federal permits, and documentation of compliance for development activities subject to this chapter. (Ord. 1352, passed 2-11-1997)

§ 153.31 DEVELOPMENT PERMIT.

(A) No person, firm, corporation, or governmental body not exempted by state law shall commence any development in the floodplain without first obtaining a development permit from the Building Inspector. The Building Inspector shall not issue a development permit if the proposed development does not meet the requirements of this chapter.

(B) The application for development permit shall be accompanied by:

(1) Drawings of the site, drawn to scale showing property line dimensions;

(2) Existing grade elevations and all changes in grade resulting from excavation or filling;

(3) The location and dimensions of all buildings and additions to buildings; and

(4) The elevation of the lowest floor (including basement) of all proposed buildings subject to the requirements of § 153.16 of this chapter.

(C) Upon receipt of an application for a development permit, the Building Inspector shall compare the elevation of the site to the base flood elevation. Any development located on land that can be shown by survey data to have been higher than the base flood elevation as of the date of the site’s first flood insurance rate map identification is not in the floodplain and therefore not subject to the requirements of this chapter.

(D) The Building Inspector shall maintain documentation of the existing ground elevation at the development site and certification that this ground elevation existed prior to the date of the site’s first flood insurance rate map identification. (Ord. 1352, passed 2-11-1997) Penalty, see § 153.99 54 Madison - Land Usage

§ 153.32 VARIANCES.

(A) Whenever the standards of this chapter place undue hardship on a specific development proposal, the applicant may apply to the Zoning Board of Appeals for a variance. The Zoning Board of Appeals shall, as provided in the city’s zoning code, review the applicant’s request for a variance and shall submit its recommendation to the City Council. The City Council may attach such conditions to granting of a variance as it deems necessary to further the intent of this chapter.

(B) No variance shall be granted unless the applicant demonstrates that:

(1) The development activity cannot be located outside the floodplain;

(2) An exceptional hardship would result if the variance were not granted;

(3) The relief requested is the minimum necessary;

(4) There will be no additional threat to public health or safety, or creation of a nuisance;

(5) There will be no additional public expense for flood protection, rescue or relies operations, policing, or repairs to roads, utilities, or other public facilities;

(6) The applicants circumstances are unique and do not establish a pattern inconsistent with the intent of the NFIP; and

(7) All other required local, state and federal permits have been obtained.

(C) The Zoning Board of Appeals shall notify an applicant in writing that a variance from the requirements of the building protection standards of § 153.16 that would lessen the degree of protection to a building will:

(1) Result in increased premium rates for flood insurance up to $25 for $100 of insurance coverage;

(2) Increase the risks to life and property; and

(3) Require that the applicant proceed with knowledge of these risks and that the applicant acknowledge in writing the assumption of the risk and liability.

(D) Variances to the building protection requirements of § 153.16 of this chapter requested in connection with the reconstruction, repair or alteration of a site or building included on the National Register of Historic Places or the Illinois Register of Historic Places may be granted using criteria more permissive than the requirements of divisions (B)(1) through (5) above. (Ord. 1352, passed 2-11-1997) Flood Damage Prevention 55

§ 153.99 PENALTY.

(A) Failure to obtain a permit for development in the floodplain or failure to comply with the conditions of a permit or a variance shall be deemed to be a violation of this chapter. Upon due investigation, the Building Inspector may determine that a violation of the minimum standards of this chapter exists. The Building Inspector shall notify the owner in writing of such violation.

(B) If such owner fails after ten days notice to correct the violation:

(1) The city may make application to the Circuit Court for an injunction requiring conformance with this chapter or make such other order as the Court deems necessary to secure compliance with the chapter; and

(2) In addition, the city may prosecute any owner who violates this chapter and upon conviction thereof the owner shall be fined not less than $50 nor more than $750; and

(3) A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.

(C) The Building Inspector shall inform the owner that any such violation is considered a willful act to increase flood damages and therefore may cause coverage by a standard flood insurance policy to be suspended.

(D) Nothing herein shall prevent the city from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible. (Ord. 1352, passed 2-11-1997) 56 Madison - Land Usage CHAPTER 154: MOBILE HOMES

Section

154.01 Policy 154.02 Definitions 154.03 Governing regulations 154.04 Lot; locations 154.05 Electricity and plumbing services 154.06 Compliance with minimum housing standards 154.07 Transformation of mobile homes 154.08 Accessory structures, alterations, and additions 154.09 Alterations

154.99 Penalty

§ 154.01 POLICY.

It is the declared policy of the Mayor and City Council that mobile homes, when constructed, installed and used as places of residence within the city, shall conform as much as possible and comply with those ordinances of the city and other applicable laws of the state as those applicable to the conventionally constructed dwelling houses governed by the usual building codes and minimum housing standards. (Ord. 884, passed 12-4-1973)

§ 154.02 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CODE. The Safety Code promulgated by the American National Standards Institute and identified as ANSI A119.1, including all revisions thereof in effect at the time of the effective date of this chapter. A copy of the Safety Code, including the revisions thereof, is on file with the City Clerk.

MOBILE HOME.

(1) A moveable or portable unit, designed and constructed to be towed on its own chassis (comprised of frame and wheels), and designed to be connected to utilities for year round occupancy.

57 58 Madison - Land Usage

(2) The term shall include:

(a) Units containing parts that may be folded, collapsed or telescoped when being towed land that may be expanded to provide additional cubic capacity; and

(b) Units composed of two or more separately towable components designed to be joined into one integral unit capable of being separated again into the components for repeated towing.

(3) The term shall include units designed to be used for residential, commercial, educational or industrial purposes, excluding, however recreational vehicles, as defined in herein.

PERSON. A person, partnership, corporation or other legal entity.

RECREATIONAL VEHICLE. A vehicular portable structure built on a chassis designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified as TRAVEL TRAILER by the manufacturer of the trailer and when factory equipped for the road, having a body width not exceeding eight feet and a body length not exceeding 32 feet.

SEAL. A device or insignia issued by the Building Inspector to be displayed on the exterior of the mobile home to evidenced compliance with the Safety Code. (Ord. 884, passed 12-4-1973)

§ 154.03 GOVERNING REGULATIONS.

Mobile home parks shall be governed by the mobile home park regulations, as set out in state statutes and as administered by the Department of Health. (Ord. 884, passed 12-4-1973)

§ 154.04 LOT; LOCATIONS.

A permit shall be secured through the city’s Building Inspector, with Council approval, for mobile home construction and installation the same as for a conventional type residence building. (Ord. 884, passed 12-4-1973)

§ 154.05 ELECTRICITY AND PLUMBING SERVICES.

(A) All mobile homes shall be located on a lot of no smaller than 50 feet in width and at least 110 feet in length, and shall be located on the lot at least five feet from the side lot line and shall maintain a set back line from the front of the lot to: Mobile Homes 59

(1) Conform with the improvements located on adjoining lots and in the same block; or

(2) Be at least 25 feet from the front line, whichever is the greatest.

(B) All electrical distribution lines to a mobile home, including the outside electrical service, shall either be buried at least 18 inches below the ground surface, or shall be suspended above ground level at a height of no less than ten feet and shall be installed and maintained in accordance with the applicable electric code and regulations, as contained in the city’s building code, and each mobile home shall be supplied with 220 volt AC service of no less than 100 amperes. (Ord. 884, passed 12-4-1973)

§ 154.06 COMPLIANCE WITH MINIMUM HOUSING STANDARDS.

(A) All plumbing services and sanitary plumbing shall comply with the normal and usual plumbing service, as prescribed by the plumbing code of the state and shall be in strict conformity therewith in all respects.

(B) All mobile homes shall meet and comply with the minimum housing standards as set forth in the city’s regulations, as set in Ch. 152 of this code of ordinances, with regard to minimum space requirement, maintenance, maintenance of adjacent premises, occupancy, drainage, foundations, sanitation and all other regulations therein set forth.

(C) All mobile homes shall meet and comply with the minimum standards for mobile homes as set forth in the code promulgated by the American National Standards Institute and identified as ANSI A119.1, dated 1972, which shall be and it is hereby adopted and declared to be the official standard for mobile homes of the city.

(D) All mobile homes shall meet the following requirements and standards:

(1) Mobile home pad.

(a) The mobile home pad shall be improved to provide adequate support for the placement and tie-down of the mobile home. The pad shall not heave, shift or settle unevenly under the weight of the mobile home due to frost action, inadequate drainage, vibration, wind or other forces acting on the structure.

(b) All mobile homes shall be placed on a mobile home pad constructed of Portland cement concrete not less than six inches in thickness. In addition, all mobile home pads shall be at least ten feet wide by 40 feet in length, or mobile homes may be placed on concrete piers on a solid concrete if footing and shall be of a size and kind approved by the Building Inspector and shall be exactly as approved. Expandable units shall be provided with approved piers or their equivalent at each corner of the unit. 60 Madison - Land Usage

(2) Jacks and stabilizers. Jacks and/or stabilizers shall be placed under the frame of the mobile home to prevent movement on the springs while the mobile home is parked and occupied and shall be located on approved concrete footing.

(3) Tie-down anchorage requirements.

(a) All mobile homes shall meet the tie-down requirements of the following table.

10- and 12-foot Wide Mobile Home 12- and 14-foot Wide Mobile Homes 30 to 50 Feet Long 50 to 60 Feet Long 60 to 70 Feet Long No. of Frame No. of Over- No. of Frame No. of Over- No. of Frame No. Of Over- Ties (Pairs) the-Top Ties Ties (Pairs) the-Top Ties Ties (Pairs) the-Top Ties

4 3 5 3 5 3

(b) Tie-down components used, including anchor systems, must be able to withstand at least 4,800 pounds without failure. The holding power of ground anchors can be determined by conducting pullout tests or by consulting with an anchor dealer. He or she should be able to provide data on anchor holding power for various kinds of soils.

(E) In the event that a mobile home is to be installed and constructed at a location which is not within a reasonable distance from public sewage lines or facilities then the mobile home shall be equipped with and connected to a septic tank disposal system which shall comply with the recommendations of the State Department of Public Health for septic tanks for sewage systems for single family homes in rural and suburban areas.

(F) When an approved public water supply is adjacent to or within an economically feasible distance of a mobile home site, that water supply shall be used exclusively; and otherwise each mobile home shall be equipped with a water storage tank of at least 200 gallons, utilizing a pressurized distribution system.

(G) When a mobile home is constructed and mounted on a foundation the foundation shall be of a design and size to match the mobile home. No variations shall be allowed. Skirting of a mobile home will be permitted with proper tie-downs and shall be of fire resistant materials equipped with inspection doors, and constructed in such a manner so that it will not provide a harborage for rodents, nor create a fire hazard.

(H) (1) A mobile home shall not be occupied unless it is in full compliance with the requirements of this chapter and a certificate of occupance has been issued by the Building Inspector.

(2) It is unlawful for any person to rent, sell, or offer for sale in this city and mobile home manufactured after January 1, 1974, unless the mobile home complies with the Safety Code and any revision thereof that may be adopted hereafter. Mobile Homes 61

(3) It shall be unlawful for the owner of any mobile home who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish to the grantee, transferee, mortgagee, or lessee a true copy of any compliance or notice of violation, issued by the Building Commissioner and shall furnish to the Building Commissioner a signed and notarized statement from the grantee, transferee, mortgagee, or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation. (Ord. 884, passed 12-4-1973)

§ 154.07 TRANSFORMATION OF MOBILE HOMES.

It shall be unlawful for any person owning and/or operating a mobile home without first obtaining a permit to do so, to remove or cause to have removed the wheels or any other transportation device from any mobile home or otherwise permanently fix it to the ground in a manner that would prevent the ready removal of the mobile home. Any alteration to any mobile home as herein set forth shall be construed as an attempt to make the mobile home immobile and removing it from the requirements of this code. (Ord. 884, passed 12-4-1973)

§ 154.08 ACCESSORY STRUCTURES, ALTERATIONS, AND ADDITIONS.

No permanent additions shall be built onto or become part of any mobile home. Temporary structures shall be permitted in accordance with the following provisions and requirements:

(A) Accessory structures shall be designed in a manner that will enhance the appearance of the mobile home development.

(B) Cabanas, patios or porches of which at least one side must be open except for the screening for insects.

(D) Skirting of a mobile home shall be required, but such skirting shall not attach the mobile home permanently to the ground, provide a harborage for rodents, or create a fire hazard. Such skirting so installed shall be of fire resistant materials and shall be equipped with an inspection door(s).

(E) Structures having an area not exceeding 10% of the square foot floor area of the mobile home may be entirely enclosed if utilized for storage purposes only. (Ord. 884, passed 12-4-1973) 62 Madison - Land Usage

§ 154.09 ALTERATIONS.

It is unlawful for any person to make any alteration of any mobile home to which a seal has been affixed if the alteration causes the mobile home to be in violation of the Safety Code. (Ord. 884, passed 12-4-1973) Penalty, see § 154.99

§ 154.99 PENALTY.

Each and every violation of this chapter shall constitute a distinct and separate offense, and any person found guilty of violating this chapter or any of the provisions thereof shall be subjected to a fine of not to exceed $750. Each day of the continued violation shall constitute a separate additional violation. Nothing herein shall limit any other right or remedy of the city or other person in interest, including the right to obtain an injunction of any violation from a court of competent jurisdiction. (Ord. 884, passed 12-4-1973) CHAPTER 155: ZONING

Section

General Provisions

155.001 Title 155.002 Intent and purpose 155.003 Annexed territory 155.004 Abrogation and greater restrictions 155.005 Existing permits 155.006 Completion permits 155.007 Rules and definitions

General District Regulations

155.020 Intent and purpose 155.021 District schedules 155.022 Map and boundaries

A-1 Agricultural District

155.035 General 155.036 Permitted uses 155.037 Permitted accessory uses 155.038 Special uses

R-1, R-2 and R-2A Single-Family Residence Districts

155.055 General 155.056 Permitted uses 155.057 Permitted accessory uses 155.058 Special uses 155.059 R-2A requirements

R-3 Multiple-Family Residence District

155.070 General 155.071 Permitted uses

63 64 Madison - Land Usage

155.072 Permitted accessory uses 155.073 Special uses

R-4 Planned Residence District

155.085 General 155.086 Planned residential developments; compliance 155.087 Permitted uses, accessory uses and special uses

B-1 Neighborhood Business District

155.100 General 155.101 Permitted uses 155.102 Permitted accessory uses 155.103 Special uses

B-2 Community Business District

155.115 General 155.116 Permitted uses 155.117 Permitted accessory uses 155.118 Special uses

B-3 Planned Business District

155.130 General 155.131 Procedures and conditions for approval 155.132 Permitted uses 155.133 Permitted accessory uses 155.134 Special uses

B-4 Limited Business District

155.145 General 155.146 Permitted uses 155.147 Permitted accessory uses 155.148 Special uses

I-1 Industrial District

155.160 General 155.161 Conditions of use 155.162 Permitted uses Zoning 65

155.163 Permitted accessory uses 155.164 Special uses

General Development Regulations

155.175 Purpose 155.176 Accessory uses 155.177 Accessory building 155.178 Bulk of building 155.179 Emergency and temporary occupancy building 155.180 Maximum height of buildings; exceptions 155.181 Buildings per lot; yards 155.182 Use and bulk of building 155.183 Infringement on governmental property 155.184 Corner and through lots 155.185 Contiguous parcels; lots 155.186 Division of lots 155.187 Frontage lot requirements 155.188 Nonconforming uses 155.189 General performance standards 155.190 Permitted uses 155.191 Individual sewer systems 155.192 Yards; exceptions; minimum requirements 155.193 Nonagricultural fences, walls, buffer strips, and similar structures

Supplementary Land Use and Area Bulk Regulations

155.205 Purpose 155.206 Churches and places of formal worship 155.207 Drive-in theaters 155.208 Fences, walls and hedges 155.209 Repair garages 155.210 Gasoline service stations 155.211 Urban home occupations 155.212 Junk yards 155.213 Lighting controls 155.214 Mobile homes; parking for inspection and sales 155.215 Plant nurseries and greenhouses 155.216 Public buildings 155.217 Public utility stations, exchanges and essential services 155.218 Private and parochial schools 155.219 Swimming pools 155.220 Camping trailers and recreational vehicles 155.221 Mobile home parks

2007 S-5 66 Madison - Land Usage

155.222 Limitations 155.223 School-park dedications 155.224 Common land areas

Planned Unit Developments

155.235 General 155.236 Single-family planned unit developments 155.237 Combined single-/multiple-family planned unit developments 155.238 Multiple use planned unit developments 155.239 Permitted uses 155.240 Multiple dwelling/planned unit development 155.241 Business/planned unit development 155.242 Industrial/business planned unit development 155.243 Application 155.244 Conditions of approval

General Off-Street Parking and Loading Provisions

155.255 Purpose

Off-Street Parking

155.265 Accessory uses 155.266 Computation 155.267 Damage or destruction 155.268 Access aisles and space requirements 155.269 Ingress and egress 155.270 Lot lines 155.271 Screening and landscaping 155.272 Setback 155.273 Surfacing 155.274 Existing parking and loading facilities and uses 155.275 Joint parking facilities 155.276 Location of off-street parking facilities 155.277 Parking and loading in residential districts 155.278 Parking and loading in business and industrial districts 155.279 Off-site parking facilities 155.280 Other parking uses 155.281 Parking spaces required Zoning 67

Off-Street Loading and Unloading

155.290 General design 155.291 Below minimum floor area 155.292 Buffers 155.293 Location 155.294 Spaces not for parking 155.295 Size requirements 155.296 Repair and service 155.297 Special use; other uses 155.298 Surfacing 155.299 Loading and unloading spaces required

Sign Regulations

155.310 Purpose 155.311 General requirements 155.312 Illumination 155.313 Measurement of signs 155.314 Prohibited placement 155.315 Signs in residential and agricultural districts 155.316 Signs in business districts 155.317 Signs in industrial zones; size 155.318 Types of signs 155.319 Prohibited signs 155.320 Tagging 155.321 Maintenance 155.322 Removal of signs 155.323 Appeals 155.324 Permit requirements; application; nullification

Administration and Enforcement

155.335 Permits; applications 155.336 Board of Appeals 155.337 Administrative official; powers and duties 155.338 Compliance required 155.339 Stop orders 155.340 Prosecution

155.999 Penalty Appendix A: Corners Appendix B: Lots 68 Madison - Land Usage

Appendix C: Sign Area Appendix D: Tiedown Requirements Appendix E: Minimum District Regulations

GENERAL PROVISIONS

§ 155.001 TITLE.

This chapter shall be known as the City of Madison, Illinois Zoning Code. (Ord. 887, § 1.1, passed - -)

§ 155.002 INTENT AND PURPOSE.

It is the intent and purpose of this chapter:

(A) To promote and protect the public health, safety, morals, comfort and general welfare of the people;

(B) To serve as an implementing tool of comprehensive planning;

(D) To encourage the development and arrangement of land uses and structures that will yield the greatest social and economic benefits for the city;

(E) To provide adequate light, air, privacy and safe, convenient access to property;

(F) To divide the city into zoning districts restricting and regulating the location, erection, construction, reconstruction, alteration, and use of buildings, structures and land for residential, business, manufacturing and other specified land uses;

(G) To provide for the location, width, access points and design of existing and future streets;

(H) To establish the extent to which water, sewer, storm water and other utility and community services are to be provided;

(I) To establish minimum requirements and standards for development and redevelopment within the area of the city’s jurisdiction to achieve reasonable initial costs and to reduce future maintenance costs of public and private improvements and services; Zoning 69

(J) To conserve the taxable value of land and buildings throughout the municipality. (Ord. 887, § 1.2, passed - -)

§ 155.003 ANNEXED TERRITORY.

Any territory hereafter annexed to the city shall automatically be in the zone classification corresponding to the zone classification while under St. Clair County’s or Madison County’s zoning jurisdiction, until duly changed by an amendment to this code; except that the City Council with the advice of the Planning Commission may annex any territory as any other zoning district or districts herein established if all legal requirements for zoning the property at the time of the annexation and the requirements for amending this code by the extension of the zoning district provisions are met. (Ord. 887, § 1.3, passed - -)

§ 155.004 ABROGATION AND GREATER RESTRICTIONS.

Where this code imposes a greater restriction upon land, buildings or structures than is imposed or required by existing provisions of law, ordinance, contract or deed, the provisions of this code shall govern. (Ord. 887, § 1.4, passed - -)

§ 155.005 EXISTING PERMITS.

This code is not intended to abrogate or annul any building permits, certificates of occupancy, variances or other lawful permits issued before the effective date of this code. (Ord. 887, § 1.401, passed - -)

§ 155.006 COMPLETION PERMITS.

Any building or structure for which a building permit has been issued prior to the date of enactment of this code may be completed and used in accordance with the plans, specifications, and permits on which the building permit was granted, provided construction commences within 180 days of passage of this code and is diligently prosecuted to completion. (Ord. 887, § 1.5, passed - -)

§ 155.007 RULES AND DEFINITIONS.

In the application of this code, the rules and definitions contained in this section shall be observed and applied except when the context clearly indicates otherwise. Words used in the present tense shall include the future, and words used in the singular number shall include the plural number, and the plural, the singular. 70 Madison - Land Usage

ABANDONMENT. An action to give up one’s rights or interests in property.

ACCESSORY BUILDING OR STRUCTURE. A detached subordinate building or structure, the use of which is customarily incidental to that of the main use of the land and which is located on the same lot with the main building or use.

ACCESSORY USE. A use which is incidental and subordinate to the principal use of the premises and does not change the basic character thereof as determined by its principal use.

ADMINISTRATIVE OFFICER. The person or persons designated by the municipality to enforce and administer the provisions of this code or his or her duly appointed representative(s). The Administrative Officer shall be the Building Inspector.

ALLEY. A public access way which affords only a secondary means of access to abutting property and is not intended for general traffic circulation.

ALTERATIONS. As applied to a building or structure, a change or rearrangement in the structural parts or in the existing facilities, or an enlargement, whether by horizontal extensions or by increasing in height, or the moving from one location or position to another.

ALTERATIONS, STRUCTURAL. A change in the supporting members of a building such as bearing walls, columns, beams or girders.

ANIMALS, DOMESTIC. A domesticated animal is one which has extensively and historically been a part of a family or household for pleasure, companionship and protection. Domesticated animals are household pets and is inclusive of animals, such as dogs, cats, parakeets, goldfish and painted turtles.

ANIMAL, FARM. Farm animals are those which have historically been bred, reared and utilized for the production of meat, wool, leather and similar products. This definition is inclusive of all farm animals, such as horses, cattle, rabbits, sheep, geese, chickens, ducks, snakes and catfish.

ANIMAL HOSPITAL. Any building or portion thereof designed or used for the care, observation, or treatment of domestic animals.

ANIMAL, WILD. Wild animals are those animals, fowl, reptiles and fish of the North American Continent not domesticated such as bears, raccoons, squirrels, alligators, and gila monsters; animals, such as fowl, reptiles and fish from other continents shall automatically be considered wild.

APARTMENT. A suite of rooms or a room in a building arranged and intended for a place of residence of a single family or a group of individuals living together as a single housekeeping unit.

APARTMENT HOTEL. An apartment house which furnishes for the use of its tenants, services ordinarily furnished by hotels, but the privileges of which are not primarily available to the public. Zoning 71

APARTMENT HOUSE. A multi-family dwelling used or occupied by four or more families living independently of each other in dwelling units, such dwelling units normally being rented or used other than by the day, by the same occupant for a continuous period ordinarily of six months or more.

AREA, GROSS. The entire area within the boundary lines of the territory proposed as a PUD or for subdivision, including the area to be dedicated for street and alley rights-of-way and public use.

AREA, NET. The entire area within the boundary lines of the territory proposed as a PUD or for subdivision, less the area to be dedicated for street and alley rights-of-way and public use.

AREA OF ZONING LOT. The total horizontal area (square footage) within the property lines of a lot, excluding public streets and alleys, meeting the district requirement of this code.

ATTACHED BUILDING. A building attached to another building by a common wall (such wall being a solid wall with or without windows and doors) and a common roof.

AUDITORIUM. A room, hall or building made a part of a church, theater, school, recreation building, or other building assigned to the gathering of people as an audience, to hear lectures, plays and other presentations.

AUTOMOBILE PARKING AREA. A lot or part thereof used for the storage or parking of motor vehicles with or without the payment of rent or charges.

AUTOMOBILE SALES AREA. A parcel of land used for the display and sale of new or used automobiles, where repair work is permitted.

AUTOMOBILE WRECKING YARD. Any place where two or more motor vehicles, not in running condition, or parts thereof, are stored in the open and are not being restored to operation, or any land, building or structure used for wrecking or storing of such motor vehicles or parts thereof, and including any used farm vehicles or farm machinery, or parts thereof, stored in the open and not being restored to operating conditions; and including the commercial salvaging of any other goods, articles or merchandise.

BARRIER (NATURAL OR ARTIFICIAL). Any street, highway, river, pond, canal, railroad, levee, embankment, screening by a fence or hedge, or similar obstruction.

BASEMENT. A story having more than one-half its height below the average level of the adjoining ground.

BLOCK. An area of land entirely bounded by streets, highways, barriers or ways (except alleys, pedestrian ways, or exterior boundaries of a subdivision unless exterior boundary is a street, highway or way), or a combination of streets, public parks, cemeteries, railroad rights-of-way, shorelines or waterways, or corporate boundary lines. 72 Madison - Land Usage

BOARDING HOUSE. A building other than a hotel or restaurant where meals are provided for compensation to three or more persons, but not more than ten, who are not members of the keeper’s family, but not open on a daily, overnight or per-meal basis to transient guests.

BUILDABLE AREA. The space remaining on a zoning lot after the minimum setback requirements of this code have been complied with.

BUILDING. Any structure, whether temporary, semi-permanent, or permanent, designed or intended for the support, enclosure, shelter, or protection of persons, property, chattels, animals, or substances of any kind.

BUILDING HEIGHT. The vertical distance measured from the average elevation of the proposed finished grade at the front wall of the building to the highest point of the coping of a flat roof or to the deck line of mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs.

BUILDING LINE. See SETBACK LINE.

BUILDING, PRINCIPAL. A non-accessory building in which the principal use of the zoning lot is conducted.

CAMPING TRAILER SALES AREA. A parcel of land used for the display and sale of new or used camping trailers and where repair work is permitted.

CAMPING TRAILERS. Also referred to as travel trailers as opposed to a mobile home. Generally is designed for temporary occupancy as a vacation dwelling, generally does not have self contained sanitary facilities, can be operated independently of utility connections, is limited in width to approximately eight feet and in length to approximately 32 feet, and is designed to be moved by a motorized vehicle.

CHURCH. A religious association providing worship services on a regular schedule.

CITY. Refers to and is interpreted to mean Madison, Illinois.

CLINIC. A place used for the care, diagnosis and treatment of sick, ailing, infirm and injured persons but who are not provided with board or room nor kept overnight on the premises.

CLUB. A nonprofit association of persons who are bona fide members organized for some common purposes and paying regular dues, not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.

COMMISSION. Planning Commission of the municipality. Zoning 73

COMMON AREA. Any area or space designed for joint use of tenants or owners occupying a mobile home development or other development.

COMPREHENSIVE PLAN. The plan or any portion thereof adopted by the municipality for the coordinated physical development including among other things plans and programs regarding the location, character and extent of highways, transportation routes, bridges, public buildings or uses, utilities, schools, residential, commercial or industrial land uses, parks, forests, dams, drainage facilities and projects affecting the conservation of natural resources of the municipality.

COVERAGE. Total square footage of ground floor area expressed as square footage. (See LOT COVERAGE and Appendix B)

CUL-DE-SAC. A short minor local street having only one end open for vehicular traffic and the other permanently terminated by a turn-around for vehicles.

DEPARTMENT. The Illinois Department of Public Health unless otherwise stated.

DESIGN. The arrangement of uses on the land and use of land for easements, lots and rights-of- way, including materials, alignment, grade, and width of these elements.

DISTRICT. A portion of the territory of the municipality within which certain uniform regulations and requirements of various combinations thereof apply under the provisions of this code.

DRIVEWAY. A minor private way used for vehicles on a zoning or mobile home lot or for common access to a small group of lots, or common parking facilities.

DRY CLEANER RETAIL. A retail limited processing dry cleaner primarily serving individual public consumers.

DRY CLEANER WHOLESALE. A business primarily processing dry cleaning for other businesses as opposed to the individual public.

DUMP. A lot or part thereof used primarily for the disposal by abandonment, dumping, burial, burning or other means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind.

DWELLING. Any building or portion thereof designed or used exclusively as living quarters for one or more families, other than hotels, motels, tourist homes, clubs, hospitals, or similar uses.

DWELLING, MULTIPLE-FAMILY. A building or portion thereof, designed or altered for occupancy by four or more families each living as an independent housekeeping unit.

DWELLING, ONE-FAMILY. A detached principal building designed for or used as a dwelling exclusively by one family as an independent housekeeping unit. 74 Madison - Land Usage

DWELLING, THREE-FAMILY. A detached principal building designed for or used as a dwelling exclusively by three families each living as an independent housekeeping unit.

DWELLING, TWO-FAMILY. A detached principal building designed for or used as a dwelling exclusively by two families each living as an independent housekeeping unit.

DWELLING UNIT. A residential unit providing complete independent living facilities for one family including permanent provisions for living, sleeping, eating, cooking and sanitation.

EASEMENT. A vested or acquired right to use land, other than as a tenant, for a specific purpose, such right being held by someone other than the owner who holds title to the land.

ENCLOSED BUILDING. A building separated on all sides from adjacent open space or other buildings by fixed exterior walls or party walls, with openings only for windows and doors, and covered by a permanent roof.

ESSENTIAL GOVERNMENTAL OR PUBLIC UTILITY SERVICES. The erection, replacement, construction, alteration, or maintenance by public utilities or municipal departments, of underground or overhead, gas, electrical, steam, water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wire, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions or for the public health or safety or general welfare, but not including buildings.

FAMILY.

(1) A single individual doing his or her own cooking and living upon the premises as a separate housekeeping unit; or

(2) A collective body of persons doing their own cooking and living together upon the premises as a separate housekeeping unit in a domestic relationship based upon birth, marriage, adoption or employment as domestic servants; or

(3) A group of not more than three unrelated persons doing their own cooking and living together on the premises as a separate housekeeping unit pursuant to a mutual housekeeping agreement (not including a group occupying a boarding or rooming house, club, fraternity, or hotel).

FENCE. An enclosure or barrier such as wooden slats and posts, wire, iron, and the like, used as a boundary or means of protection or confinement constructed with materials of equal character, density and design. Zoning 75

FLOOD AREA. All land subject to periodic inundation by water as defined by a soils analysis or other appropriate means and includes the overflow of natural waterways, interior ponding and flooding of or resulting from drainage runoff.

FLOOR AREA. The area included within outside walls of a building or portion thereof, including habitable penthouses and attic space but not including vent shafts, courts, or uninhabitable areas below ground level or in attics.

FLOOR AREA RATIO. The ratio of total floor area, in square feet, of all buildings on a lot to total lot area, in square feet, excluding basements.

GARAGE - PARKING, PRIVATE. A building or portion thereof for the storage of one or more motor vehicles for persons living on the premises.

GARAGE - PARKING, PUBLIC. A building or portion thereof used by the public for the storage or parking of motor vehicles for compensation or otherwise.

GASOLINE SERVICE STATION. A building or premises or portion thereof used for the retail sale of gasoline, oil or other fuel, automotive parts, supplies, or accessories for motor vehicles and which may include, as an incidental use only, facilities used for polishing, greasing, washing or otherwise cleaning or light servicing of motor vehicles but not including liquefied petroleum gas distribution facilities.

HOSPITAL. Any building or portion thereof used for diagnosis, treatment and care of human ailments including sanitariums but not including clinics, rest homes, convalescent homes or nursing homes.

HOTEL. A building designed or used for occupancy normally as the temporary lodging place of individuals, having at least six guest rooms, where a general kitchen and dining room may be provided but where there are no cooking facilities in any guest room.

IMPROVEMENT. Refers to site grading, street work and utilities (including water, sewer, electric, gas and storm water) to be installed or agreed to be installed by the subdivider on land to be used for public or private streets, and easements or other purposes as are necessary for the general use of lot owners in the development.

IMPROVEMENT PLANS. The engineering plans showing types of materials and construction details for the physical structures and facilities to be installed both in, or in conjunction with, the development.

JUNK YARD. Any area where scrap, metal, paper, rags, or similar materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including auto and building salvage yards. 76 Madison - Land Usage

KENNEL. Any structure or lot on which four or more domesticated animals over four months of age are kept.

LAND USE PLAN. The long-range plan for the desirable use of land in the municipality as officially adopted and as amended from time to time.

LAUNDRIES.

(1) COMMERCIAL INDUSTRIAL LAUNDRY. A business that provides washing, drying and ironing services operated by the employees on the premises.

(2) LAUNDROMAT. A business that provides home-type washing, drying and ironing machines for hire to be used by the customers on the premises.

LOADING SPACE. An off-street space or berth on the same lot with a building, or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials and which abuts upon a street, alley or other appropriate means of access.

LODGING OR ROOMING HOUSE. A building with more than three guest spaces where lodging is provided for compensation pursuant to previous arrangement but not open on a daily, overnight, or per-meal basis to transient guests.

LOT. A portion or parcel of land (whether a portion of a platted subdivision or otherwise) occupied or intended to be occupied by a building or use and its accessories together with such yards as are required under the provisions of this code having not less than the minimum area, width and depth required by this code for a lot in the district in which such land is situated and having its principal frontage on a street or on such other means of access as permitted in accordance with the provisions of this code. The minimum area of a lot as defined herein must be an integral unit of land under unified ownership in fee or in co-tenancy, or under legal control tantamount to such ownership, which ownership or control must continue for the existence of the building or buildings permitted to be situated on the lot. The word LOT shall include the words “plot,” “piece,” and “parcel.”

LOT AREA. See AREA OF ZONING LOT.

LOT, CORNER. A lot abutting upon two or more streets at their intersection or upon two parts of the same street. The point of intersection of the street lines is the “corner.” (See Figure 3 of Appendix C.)

LOT COVERAGE. The area of a zoning lot occupied by the principal building or buildings and accessory buildings.

LOT, DEPTH. The mean horizontal distance between the front and the rear lot lines measured in the general direction of the side lot lines. Zoning 77

LOT, DOUBLE FRONTAGE. See LOT, THROUGH.

LOT INTERIOR. A lot whose side lines do not abut upon any street.

LOT LINE, FRONT. The line separating the lot from the street. The street on which a building’s frontage is oriented shall determine the location of the front lot line provided the front setback is no less than the average setback of existing buildings.

LOT LINE, REAR. The rear lot line is the lot line or lot lines most nearly parallel to and most remote from the front lot line.

LOT LINE, SIDE. Any lot line other than front or rear lot lines. A side lot line separating a lot from a street is called a street side lot line. A side lot line separating a lot from another lot or lots is called an interior side lot line.

LOT OF RECORD. A lot which is a part of a subdivision, the plat of which has been recorded in the office of the County Recorder of Deeds.

LOT, THROUGH. A lot having frontage on two parallel or approximately parallel streets.

LOT, WIDTH. The mean horizontal width of the lot measured at right angles to its depth.

MAY. Is permissive.

MOBILE HOME. A movable or portable unit, which is eight body feet or more in width and 32 body feet or more in length, and constructed to be towed on its own chassis (comprised of frame and wheels) from the place of construction to the location or subsequent locations and designed to be used without a permanent foundation and connected to utilities for year round occupancy with or without a permanent foundation. All mobile homes must be built to the National Manufactured Home Construction and Safety Standards.

MOBILE HOME, DEPENDENT. A mobile home which does not have toilet and bath or shower facilities.

MOBILE HOME, DOUBLE-WIDE. Consists of two mobile units joined at the side into a single home but kept on their separate chassis for repeated transportation. Mobile homes, double-wides, sectionals and modules are transported to their sites by trucks whose movements are controlled by state highway regulations, or they are shipped on railroad flat cars.

MOBILE HOME, INDEPENDENT. A mobile home with self-contained toilet and bath or shower facilities.

MOBILE HOME LOT. A parcel of land for the placement of a mobile home and the exclusive use of its occupants. 78 Madison - Land Usage

MOBILE HOME PAD. That part of an individual mobile home space or lot beneath the mobile home, including the concrete portion of the pad.

MOBILE HOME PARK. An area of land under unified ownership and control on which two or more occupied mobile homes are harbored either free of charge or for revenue purposes, and shall include any building, structure, tent, vehicle, or enclosure used or intended for use as part of the equipment of such mobile home park, includes courts, developments, communities.

MOBILE HOME SALES AREA. A parcel of land used for the display and sale of new or used mobile homes and where repair work is permitted.

MOBILE HOME SPACE. Any portion of a mobile home park designed for the use or occupancy of one mobile home.

MOBILE MODULE. A factory-fabricated, transportable building unit designed to be incorporated at a building site on a permanent foundation into a structure to be used for commercial, educational or industrial purposes on a permanent foundation.

MOBILE/PORTABLE MARQUEE. A term commonly used to mean any street graphic not designed to be permanently attached to a building or part thereof or to be anchored to the ground. Such street graphics primarily include but are not limited to signs attached to wood or metal frames designed to be self-supporting and movable; paper, cardboard, or canvas signs wrapped around supporting poles, and the like.

MODULAR HOUSING. A building assembly or system of building subassemblies, designed for habitation as a dwelling for one or more persons, including the necessary electrical, plumbing, heating, ventilating and other service systems, which is of closed or open construction and which is made or assembled by a manufacturer, on or off the building site, for installation, or assembly and installation, on the building site, with a permanent foundation. A manufactured housing unit shall be in compliance with the safety codes as promulgated by the Illinois Department of Public Health and the City of Madison.

MOTEL OR MOTOR HOTEL. A series of attached, semi-attached or detached sleeping or living units, for the accommodation of transient guests and not customarily including individual cooking or kitchen facilities, the units having convenient access to offstreet parking spaces for the exclusive use of the guests or occupants.

NOISE AND INJURIOUS SUBSTANCES, CONDITIONS AND OPERATIONS.

(1) Creation of unreasonable physical hazard by fire, explosion, radiation or other cause to persons or property. Zoning 79

(2) Discharge of any liquid or solid waste into any stream or body of water or into any public or private disposal system or into the ground so as to contaminate any water supply including underground water supply.

(3) Maintenance or storage of any material either indoors or outdoors so as to cause or to facilitate the breeding of vermin.

(4) Emission of smoke, measured at the point of emission, which constitutes an unreasonable hazard to the health, safety or welfare of any persons.

(5) Fly ash or dust which can cause damage to the health of persons, animals, or plant life or to other forms of property, or excessive soil, measured at or beyond the property line of the premises on which the aforesaid fly ash or dust is created or caused.

(6) Creation or causation of any unreasonably offensive odors discernible at or beyond any property line of the premises on which the aforesaid odor is created or caused.

(7) Creation or maintenance of any unreasonable reflection or direct glare, by any process, lighting or reflection material at or beyond any property line of the premises on which the aforesaid reflection or direct glare is created or caused.

(8) Creation or maintenance of any unreasonably distracting or objectionable vibration and/or electrical disturbances discernible at or beyond any property line of the premises on which the aforesaid vibration or electrical disturbance is created or maintained.

NONCONFORMING BUILDING. A building or structure or portion thereof conflicting with the provisions of this code applicable to the district in which it is situated.

NONCONFORMING USE. A use of a building or land legally existing at the time of adoption of this code or any amendment thereto and which does not conform with the use regulations of the district in which located.

OFFICE, PROFESSIONAL. An office (other than a service office and other than an office for care and/or treatment of, or medical attention to, animals as distinguished from persons) for the practice of professions, such as the offices of physicians, dentists, attorneys-at-law, architects, engineers, artists, musicians, teachers and others who through training are qualified to perform services of a professional nature and where there is no storage, sale or display of merchandise on the premises.

OFFICE, SERVICE. An office in which are offered services by real estate agents, insurance agents, public stenographers, brokers, or others who through training are duly qualified to perform services of an executive nature (as distinguished from a professional office) and where there is no storage, sale or display of merchandise on the premises. 80 Madison - Land Usage

PARKING AREA, PRIVATE. An open, hard-surfaced area, other than a street or public way, designed, arranged, and made available for the storage of private passenger automobiles only, or occupants of the building or buildings for which the parking area is developed and is accessory.

PARKING AREA, PUBLIC. An open, hard-surfaced area, other than a street or other public way, used for the parking of automobiles or other motor vehicles and available to the public whether for a fee or free for clients or customers.

PARKING LANE. A lane of a street used primarily for vehicular parking.

PARKING SPACE, AUTOMOBILE. Space with a public or private parking area of not less than 200 square feet (10 feet by 20 feet), exclusive of access drives, or aisles, ramps, columns, or office and work areas for the storage of a passenger automobile or a commercial vehicle under 1½ ton capacity.

PERMANENT FOUNDATION. A closed perimeter formation consisting of materials such as concrete, mortared concrete block, or mortared brick extending into the ground below the frost line, excluding the use of piers.

PERSON. Any agent, individual, firm, association, partnership or corporation or similar entity.

PLANNED UNIT DEVELOPMENT. A residential, commercial or industrial development on a parcel of land in single ownership and consisting of two or more buildings having any yard, court, parking or loading space in common.

PLANS. All of the drawings including plats, cross sections, profiles, working details and specifications, which the subdivider prepares or has prepared to show the character, extent and details of improvements required in this code and which plans shall conform to any requirements of the Planning Commission as to scale and details for submittal to the appropriate officials of the municipality for consideration, approval or disapproval.

PLAT. Any map, plan or chart of a city, town, section or subdivision, indicating the location and boundaries of individual properties, public improvements, utility locations and which meets the requirements of this code.

PLOT. A parcel of land consisting of one or more lots or portions thereof which is described by reference to a recorded plat or metes and bounds.

PREMISES. A lot together with all the buildings and uses thereon.

PRINCIPAL USE. The main use of land or buildings as distinguished from a subordinate or accessory use.

PROPERTY LINE. A recorded boundary of a plot or plat. Zoning 81

PUBLIC OPEN SPACE. Any publicly owned open area, including, but not limited to the following: parks, playgrounds, forest preserves, beaches, waterways, parkways, and streets.

PUBLIC SYSTEM (WATER OR SEWER). A system which is owned and operated by a local governmental authority or by an established public utility company. Such systems are usually existing systems serving a municipality, a township, an urban county, or a water or sewer district established and directly controlled under the laws of this state.

RECREATIONAL VEHICLES. A vehicle used for or designed to transport camping trailers, or the integration of camping trailer and towing vehicle into a motorized camping trailer or recreational vehicle.

RESIDENCE. A stationary detached principal building designed for or used as a dwelling as distinguished from a mobile (dwelling) home.

ROADWAY. The entire improved portion of the street, including shoulders, parking lanes, travel way, curbs and gutter which lies between the right-of-way lines.

ROOF. The external upper covering of a building.

ROOF LINE. A horizontal line parallel to the average ground level of the structure along the front of the building designating the highest point of a flat roof, or where the flat surface area of a gable, hip, mansard, or gambrel roof is in view from the ground level, that line of demarcation separating the roof and the vertically structured facade, or a line along the front of the building delimiting the roof line between eaves and ridge for gable, hip, and gambrel roofs.

ROOM. An unsubdivided portion of the interior of a dwelling unit, excluding bathrooms, kitchens, closets, hallways and service porches and the like.

RULES AND REGULATIONS. The rules and regulations adopted pursuant to the Trailer Coach Control Law of the State of Illinois as issued and in force by the State of Illinois Department of Public Health, unless otherwise specified.

SETBACK LINE. The distance in linear feet measured on a horizontal plane from the centerline of a street and/or from a lot line to a building or structure on the lot.

SHALL. Is mandatory and not discretionary.

SIGN. Any letters, figures, design, symbol, trademark, or illuminating device intended to attract attention to any place, subject, person, firm, corporation, public performance, article, machine, or merchandise whatsoever and painted, printed or constructed and displayed in any manner whatsoever out of doors for advertising, identification or announcement purposes.

SIGN AREA. The total surface area of the entire sign, including all parts and appurtenances thereof (except principal supports). 82 Madison - Land Usage

SIGN, BILLBOARD. A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere other than upon the premises where such sign is located or to which it is affixed.

SIGN, BULLETIN BOARD. As used in this code, a sign used for purposes of notification of the public of an event or other occurrence of public interest, such as church service, political rally, civic meeting or similar event.

SIGN, CONSTRUCTION. As used in this code, a sign advertising the development or improvement of a property by a builder, contractor or other person furnishing services, materials, or labor to said premises, which sign is intended for a limited period of display, and erected on the same lot with the work being done.

SIGN, FLASHING. Any sign utilizing the repeated or intermittent flashing of light.

SIGN, FREE-STANDING. A detached sign which is supported by one or more uprights, poles or braces in or upon the ground.

SIGN, IDENTITY. Any sign which carries only the name of the firm, person, the major enterprise or the principal product offered for sale on the premises, or a combination of these.

SIGN, MARQUEE. A changeable copy sign freestanding.

SIGN, MISCELLANEOUS. A sign, banner or other advertising device or display constructed of cloth, canvas, cardboard, wallboard or other light temporary material, with or without a structural frame, intended for a temporary period of display, such as decorative displays for holidays or public demonstrations.

SIGN, MOBILE. Any sign mounted and projecting on a vehicle or which is designed to be moved from location to location.

SIGN, PROJECTING. A display sign which is attached directly to the wall of a building and which extends more than one foot from the face of the wall.

SIGN, REAL ESTATE. A sign indicating the availability for sale, rent or lease of the specific lot and/or building upon which the sign is erected or displayed.

SIGN, ROOF. A sign erected upon or above a roof or parapet wall of a building or structure.

SIGN, SUBDIVISION. A sign advertising the general development, sale and/or subdivision of land, and displayed or erected upon the subject property, as distinguished from a real estate sign. Zoning 83

SIGN, WALL. Any sign painted on, attached to, or erected against the wall of a building, or structure, with the exposed face of the sign in a plane parallel to the plane of the wall and extending not more than one foot from the face of the wall.

SITE. A parcel of land consisting of one or more lots or portions thereof which is described by reference to a recorded plat or by metes and bounds.

SLOPE. The degree of natural inclination of the existing ground.

STREET. A general term denoting a public or private way for the purpose of vehicular travel. The term includes all facilities which normally occur within the right-of-way; it shall also include such other designation for a street as: a highway, thoroughfare, parkway, throughway, road, pike, avenue, boulevard, lane, place, drive, court or as otherwise designated, but excluding an alley or a way for pedestrian use only.

STREET, ARTERIAL. A street designed or utilized primarily for high vehicular speeds or for heavy volumes of traffic on a continuous route with intersections at grade and which may have direct access to abutting properties and on which geometric design and traffic control measures are used to expedite the safe movement of through traffic.

STREET, COLLECTOR. A street which carries or is proposed to carry intermediate volumes of traffic from local streets to arterial streets and which may or may not be continuous.

STREET, LOCAL. A street used primarily for access to abutting properties, providing for minimum speeds and traffic volumes.

STREET, MARGINAL ACCESS OR SERVICE ROAD. A local street parallel and adjacent to arterial streets providing access to abutting properties.

TRAVEL TRAILER. See MOBILE HOME.

TRAVEL WAY. That portion of a street used for the movement of vehicles, exclusive of shoulders and auxiliary lanes.

USED FOR. Include the phrases “arranged for,” “designed for,” “intended for,” “occupied for,” and “maintained for.”

VEHICLE. A receptacle in which something is placed in order to be moved by some means of conveyance on wheels, runners or similar methods.

YARD. An open space not occupied or obstructed by any structure or portion of a structure, except fences as regulated and otherwise expressly provided for herein. 84 Madison - Land Usage

YARD, FRONT. A yard extending across the full width of the lot between the front lot line and the nearest line or point of the principal building.

YARD, REAR. A yard extending across the full width of the lot between the rear lot line and the nearest line or point of the principal building.

YARD, SIDE. A yard extending from the front yard to the rear yard between the side lot line and the nearest line or point of the building.

ZONING BOARD OF APPEALS. An appellate, interpretive and advisory body designated to assist in the administration of the zoning provisions of this code.

ZONING MAP. The zoning map or maps of the municipality together with all amendments subsequently adopted. (Ord. 887, § 1.8, passed - -; Am. Ord. 1154, passed 9-5-1989)

GENERAL DISTRICT REGULATIONS

§ 155.020 INTENT AND PURPOSE.

For the purposes of this code the entire municipality is hereby divided into the following zoning districts:

Agricultural District

A-1 Agricultural District

Residential Districts

R-1 Single-Family Residence District R-2 Single-Family Residence District R-3 Multiple-Family Residence District R-4 Planned Residential District

Business Districts

B-1 Neighborhood Business District B-2 Community Business District B-3 Planned Business District B-4 Limited Business District Zoning 85

Industrial District

I-1 Industrial District (Ord. 887, § 2.1, passed - -)

§ 155.021 DISTRICT SCHEDULES.

To increase the convenience of use of this code, schedules have been created to place as many regulations as possible on one page. The schedules are: Area-Bulk, Appendix E following this chapter. (Ord. 887, § 2.2, passed - -)

§ 155.022 MAP AND BOUNDARIES.

The boundaries of the zoning districts are established as shown on the zone district map. The zoning districts and boundaries are hereby adopted and established as shown on the zone district map, together with all notations, references, data, district boundaries and other information thereof, and are made a part of the developmental code by reference. The zoning map properly attested shall remain on file in the office of the Administrative Official. Zone district boundaries shall be as follows: Where district boundaries are so indicated that they are approximately parallel to the centerlines of streets, the centerlines of alleys, or the centerlines of highways, such district boundaries shall be construed as being the centerline of that street, alley or highway. (Ord. 887, § 2.3, passed - -)

A-1 AGRICULTURAL DISTRICT

§ 155.035 GENERAL.

The Agricultural District within the jurisdiction of the municipality contains areas where soil, water, vegetal, and topographical resources generally provide conditions well suited to the raising of crops and farm animals. The district is designed to prevent the intrusion of nonagricultural land use and development which would hinder agricultural pursuits by reason of congestion on public roads, chemical and biological pollution of air and water, environmental conditions, soil erosion, and the depletion of natural cover causing excessive runoff of storm water onto and across agricultural land. The district is designed to protect and preserve the areas of high agricultural productivity and is intended to preserve conditions suitable to agricultural pursuits. (Ord. 887, § 2.4, passed - -; Am. Ord. 1154, passed 9-5-1989) 86 Madison - Land Usage

§ 155.036 PERMITTED USES.

(A) All uses commonly classified as agriculture, horticulture, or forestry including crop and tree farming, truck farming, gardening, nursery operation, dairy farming, livestock raising, animal and poultry breeding, raising and feeding, forestry operations together with the operation of machinery or vehicles.

(B) Animal hospitals, provided that all animals are kept in a completely enclosed soundproofed building and further provided that adequate safeguards (structural, mechanical and locational) shall be provided to protect adjacent properties from the effects of noisome or injurious substances, conditions and operations.

(C) Fishing lakes, including fee fishing, or clubs provided that no building, parking lot, or other intense use activity is located nearer than 500 feet to any dwelling on another zoning lot.

(D) Greenhouses.

(E) Living quarters for persons employed in agricultural or related activities that are conducted on the premises.

(F) Non-commercial recreational activities.

(G) One-family residence dwellings.

(H) Public service uses including filtration plants, pump stations, water reservoirs, police and fire stations or other governmental uses of the municipality.

(I) Radio or television transmission towers.

(J) Railroad rights-of-way and trackage, but not including classification yards, terminal facilities or maintenance facilities.

(K) Temporary produce stands for the sale of agricultural produce raised on the premises, provided that adequate off-street parking is available and that major traffic congestion or hazard would not be created in conjunction with the location or access thereto. (Ord. 887, § 2.401, passed - -; Am. Ord. 1154, passed 9-5-1989)

§ 155.037 PERMITTED ACCESSORY USES.

(A) Accessory uses generally. Accessory uses clearly associated with and supplementary to the principal use of the lot or tract of land.

(B) Boats. Storage of pleasure boats. Zoning 87

(D) Construction. Temporary construction sheds and temporary buildings for sale or rental offices or show houses for use during construction operations. Provided all other regulations of the district are complied with, but in no case shall such office be continued beyond the duration of construction of the project or one year, whichever is greater. However, such time limit may be extended for one year by the Zoning Board of Appeals.

(E) Horses. Keeping of horses for private purposes only, and not for rent or hire on a zoning lot whose principal use is intended to be a one-family dwelling, provided that at least one acre is allocated for each animal and provided further that all buildings for housing such animals shall be subject to all requirements for accessory buildings in the “A-1" district, and that such buildings are located at least 100 feet from the nearest existing principal buildings on an adjacent lot, or 50 feet from the nearest side lot line whichever is greater.

(F) Pets. Keeping of household pets, provided kennels are not maintained, and provided no animal, reptile, bird or similar classification or species normally considered wild, as opposed to domesticated, is maintained or kept.

(G) Private. Greenhouses, tool sheds, garages or carports, tennis courts, patios, private swimming pools.

(H) Servants accommodations. Servants accommodations for professional servants, caretakers, watchmen, or custodians, but not as a separate detached one-family dwelling on the same lot. (Ord. 887, § 2.402, passed - -; Am. Ord. 1154, passed 9-5-1989)

§ 155.038 SPECIAL USES.

(A) Agricultural related uses.

(B) Airports.

(D) Any dwelling unit less than 750 square feet.

(E) Carnivals, circuses, and similar temporary transient amusement enterprises.

(F) Churches and other places of worship, but not including funeral chapels or mortuary chapels.

(G) Convalescent or nursing homes.

(H) Explosive uses of any kind. 88 Madison - Land Usage

(I) Golf courses of regulation size but not including commercially operated driving ranges or miniature golf courses and provided that no clubhouse, parking lot or accessory building shall be located nearer than 500 feet to any dwelling unit on another zoning lot.

(J) Governmental facilities and uses other than the municipality.

(K) Gun clubs, if properly protected and located not nearer than 1,000 feet to any residence other than that of the owner or lessee of the site.

(L) Hospitals, clinics and sanitariums.

(M) Kennels.

(N) Marina or boat docks.

(O) Parking lots.

(P) Mineral and soil extraction development.

(Q) Private clubs, lodges, or camps.

(R) Riding stables.

(S) Sale barn.

(T) Sanitary landfill and other landfills.

(U) Schools and colleges for academic instruction.

(V) Private sewage treatment plant.

(W) Stockyards, commercial livestock or poultry feeding or agricultural processing plants.

(X) Travel trailer parks.

(Y) Utilities: Electrical substations, gas regulator stations, other public utility distribution facilities. (Ord. 887, § 2.403, passed - -; Am. Ord. 1154, passed 9-5-1989) Zoning 89

R-1, R-2 AND R-2A SINGLE-FAMILY RESIDENCE DISTRICTS

§ 155.055 GENERAL.

The Single-Family Residence Districts as differentiated herein and the district locations as depicted on the zone district map reflect the variety of physical and social characteristics found in the municipality to the extent that the range of such conditions and characteristics can be divided into meaningful categories. It is the purpose of these regulations to encourage the creation and maintenance of stable and enduring residential areas by establishing limitations on the use and character of development so as to take advantage of, or to avoid conflict with, natural topography, existing development, arrangements and locations of existing or planned community facilities. (Ord. 887, § 2.5, passed - -)

§ 155.056 PERMITTED USES.

(A) Churches and other places of worship, but not including funeral chapels or mortuary chapels.

(B) Golf courses of regulation size but not including “par 3" golf courses; and provided that no clubhouse, parking lot or accessory building shall be located nearer than 500 feet to any dwelling unit or other zoning lot.

(D) One-family residence dwelling.

(E) Public libraries, museums, playgrounds, parks, recreational or community centers or grounds.

(F) Mobile homes permitted on permanent foundation in “R-2" district only. (Ord. 887, § 2.501, passed - -)

§ 155.057 PERMITTED ACCESSORY USES.

(A) Accessory uses clearly subordinate in area, extent and purpose to the principal use of the property.

(B) Boats. Storage of pleasure boats.

(D) Carports. 90 Madison - Land Usage

(E) Garage.

(F) Off-street parking.

(G) Pets. Keeping of household pets, provided kennels are not maintained, and provided no animal, reptile, bird or similar classification or species normally considered wild, as opposed to domesticated, is maintained or kept.

(H) Private greenhouses, tool sheds, garages or carports, tennis courts, patios, private swimming pools.

(I) Servants accommodations for professional servants, caretakers, watchmen, or custodian, but not as a separate detached one-family dwelling on same lot.

(J) Shed.

(K) Vegetable garden. (Ord. 887, § 2.502, passed - -)

§ 155.058 SPECIAL USES.

(A) Cemeteries and mausoleums in conjunction therewith.

(B) Day care or nursery schools.

(D) Governmental uses other than the municipality.

(E) Home occupations.

(F) Hospitals and sanitariums.

(G) Landfill, but sanitary landfills not permitted.

(H) Medical and dental offices, but not including any retail drug sales.

(I) Private lodges, clubs or camps.

(J) Public, private or parochial schools offering courses of instruction at elementary and secondary levels in accordance with standards for compulsory education.

(K) Two-family and multiple-family dwelling. Zoning 91

(L) Sewage facilities, private.

(M) Utilities. Electrical substations, gas regulator stations, other public utility distribution facilities.

(N) Mobile home parks only in “R-1" and “R-2" districts only. (Ord. 887, § 2.503, passed - -)

§ 155.059 R-2A REQUIREMENTS.

(A) The requirements of the “R-2A” Single-Family Residence District shall be the same as the requirements of the “R-2" Single Family Residence District in Appendix E Minimum Zoning District Regulations, except for the building line width in linear feet shall be reduced from 65 feet to 50 feet; and

(B) All references to “R-2" Single Family Residence District, except as to the description and requirements of same as found in Appendix E Minimum Zoning District Regulations, shall also refer to “R-2A” Single Family Residence District. (Ord. 1339, passed 11-19-1996)

R-3 MULTIPLE-FAMILY RESIDENCE DISTRICT

§ 155.070 GENERAL.

The Multiple-Family Residence District and the district locations as shown on the zone district map reflect the need and desirability for multiple family housing. It is the purpose of these districts to encourage the creation and maintenance of the stable and enduring multiple residence districts by establishing limitations on the use, character and density of development of land so as to take advantage of, or to avoid conflicts with, natural topography, existing development, arrangement and location of existing or planned community facilities. These districts may also be utilized for the appropriate use of redevelopment areas where obsolescence and socio-economic demands would suggest higher densities as necessary to encourage the reuse of such areas. (Ord. 887, § 2.6, passed - -)

§ 155.071 PERMITTED USES.

(A) Same as “R-1.”

(B) Multiple-family dwellings. 92 Madison - Land Usage

§ 155.072 PERMITTED ACCESSORY USES.

(A) Accessory uses that are clearly associated with and supplementary to the principal use of the lot or tract of land.

(B) Same as “R-1" except parking lots and garages serving an apartment building are permitted. (Ord. 887, § 2.602, passed - -)

§ 155.073 SPECIAL USES.

(A) Same as “R-1" except for parking lots.

(B) Boarding and rooming houses.

(D) Nursing homes.

(E) Orphanages.

(F) Medical and dental offices.

(G) Rest homes.

(H) Utilities: Electrical substations, gas regulator stations, other public utility distribution facilities. (Ord. 887, § 2.603, passed - -)

R-4 PLANNED RESIDENCE DISTRICT

§ 155.085 GENERAL.

The purpose of this zoning district is to provide areas suitable for planned residential developments. Areas having access to urban services, utilities, and public improvements contain potentially significant site planning advantages for planned residential developments. It is the intent of this zone district to maximize the public welfare through the design review of sites especially favorable for planned Zoning 93 residential development. This zoning district provides an alternate zoning method to developmental design, increases the flexibility of solving common development problems and provides for a design review to potentially enhance the aesthetic quality, consumer benefits and marketability of residential developments and to reduce the capital investment necessary for development, utilities and public improvements. (Ord. 887, § 2.7, passed - -)

§ 155.086 PLANNED RESIDENTIAL DEVELOPMENTS; COMPLIANCE.

Planned residential developments in this district shall not require a special use permit but shall comply with all applicable procedures and conditions. (Ord. 887, § 2.701, passed - -)

§ 155.087 PERMITTED USES, ACCESSORY USES AND SPECIAL USES.

Any use permitted in the other “R” zoning districts is permitted in the R-4 District. (Ord. 887, § 2.702, passed - -)

B-1 NEIGHBORHOOD BUSINESS DISTRICT

§ 155.100 GENERAL.

(A) The Neighborhood Business District of the municipality is intended to provide for certain limited sales and service facilities located in residential areas to constitute a convenience to the residents of the immediate neighborhood. The district is limited to size and facilities to preserve and protect the general character of the residential areas surrounding these particular districts.

(B) The establishment and/or expansion of any Neighborhood Business Districts shall conform to the following additional locational, design, area and bulk, and use requirements:

(1) Design Standards. The lot on which the neighborhood shopping unit is situated shall be landscaped and maintained in conformity with the general character of the surrounding area. There shall be provided and maintained along rear lines and side lines of the lot a planting or other appropriate screen of at least ten feet in depth and of a density adequate to provide visual screening from adjacent properties. Yard requirements for a lot on which a neighborhood shopping unit is located shall not be less than the yard requirements of the most restrictive abutting zoning district.

(2) Access Ways. Any access way to any off-street parking lot or loading berth shall be located at least ten feet from any lot line. 94 Madison - Land Usage

(3) Refuse Containers. All garbage or other refuse shall be in removable, visually screened, covered containers. (Ord. 887, § 2.8, passed - -)

§ 155.101 PERMITTED USES.

(A) Barber, beauty, bakery shops.

(B) Candy, ice cream, drug, food, fruit, hobby, meat, self-service, and similar retail stores.

(D) Service offices such as realtors, optometrists.

(E) Postal substations.

(F) Public utility collection offices.

(G) Physicians, dentists and similar professions.

(H) Retail clothing, hardware, jewel and similar uses.

(I) Restaurants but not drive-in kinds.

(J) Telephone booths. (Ord. 887, § 2.801, passed - -)

§ 155.102 PERMITTED ACCESSORY USES.

(A) Accessory uses that are clearly associated with and supplementary to the principal use of the lot or tract of land.

(B) Storage of merchandise or inventory usually carried in stock, provided that such storage shall be located on the same lot with the business and shall be within a completely enclosed building.

§ 155.103 SPECIAL USES.

(A) Dwelling units and lodging rooms provided a business occupies the ground floor. Zoning 95

(B) Automotive service stations.

(E) Eating and drinking establishments such as taverns.

(F) Utilities: Electrical substations, gas regulator stations, other public utility distribution facilities.

(G) Governmental uses other than the municipality.

(H) Mineral and soil extraction development. (Ord. 887, § 2.803, passed - -; Am. Ord. 1339, passed 11-19-1996)

B-2 COMMUNITY BUSINESS DISTRICT

§ 155.115 GENERAL.

The Community Business District of the municipality is intended to provide for areas within the municipality in which the majority of commercial activities would be located. These districts will provide for both pedestrian and highway oriented business activities. (Ord. 887, § 2.9, passed - -)

§ 155.116 PERMITTED USES.

(A) Any retail use selling convenience and durable goods.

(B) Apartment hotels, hotels, motels, and similar uses.

(D) Cultural and philanthropic uses.

(E) Financial institutions and similar uses.

(F) Funeral chapels and uses.

(G) General office uses.

(H) Governmental offices. 96 Madison - Land Usage

(I) Personal service uses.

(J) Professional service uses.

(K) Preparation and manufacture of goods or products for retail sale on the premises only, provided that such manufacture, processing or treatment shall be clearly incidental and essential to the retail business conducted on the premises and further provided that not more than five persons (exclusive of manager) shall be engaged in the manufacture, processing or treatment of products, and that all such operations create no undue noise, odor, dust, smoke, vibration or other similar nuisance.

(L) Automotive sales, repair, and similar uses.

(M) Boat showrooms.

(N) Bowling alleys.

(O) Drive-in restaurants and theaters.

(P) Eating and drinking establishments.

(Q) Feed stores and similar uses.

(R) Membership clubs and public or charitable institutions.

(S) Personal service shops, including barber and beauty shops, shoe repair shops, dry and tailoring. (Ord. 887, § 2.901, passed - -)

§ 155.117 PERMITTED ACCESSORY USES.

(A) Accessory uses that are clearly associated with and supplementary to the principal use of the lot or tract of land.

(B) Off-street parking and loading.

(C) Storage of merchandise or inventory usually carried in stock, provided that such storage shall be located on the lot with the retail, service or commercial use, and shall be within a completely enclosed building. (Ord. 887, § 2.902, passed - -)

§ 155.118 SPECIAL USES.

(A) Animal hospital. Zoning 97

(B) Car wash.

(D) Utilities: Electrical substations, gas regulator stations, other public utility distribution facilities.

(E) Mineral and soil extraction development. (Ord. 887, § 2.903, passed - -; Am. Ord. 1339, passed 11-19-1996)

B-3 PLANNED BUSINESS DISTRICT

§ 155.130 GENERAL.

The Planned Business District of the municipality is designed to provide for maximum commercial site design and utilization in areas favorable for commercial growth but experiencing a variety of developmental problems. These problems may relate to existing or future traffic, land acquisition, topographical, utility and related problem areas. This zone district provides maximum flexibility for the developer to create an attractive, profitable commercial enterprise and for the municipality to maximize vehicular and pedestrian safety, to potentially reduce capital expenditures for public improvements and to create a more attractive community. This zone district will facilitate the combination and establishment of developments and uses in locations where it would be appropriate under approved site plans and conditions necessary to protect the general welfare. (Ord. 887, § 2.10, passed - -)

§ 155.131 PROCEDURES AND CONDITIONS FOR APPROVAL.

The procedures and conditions of approval for a planned commercial development in an area zoned “B-3" are the same as for a special use but no permit is required. If an area is not zoned “B-3" the procedure is the same as any zoning amendment. (Ord. 887, § 2.1001, passed - -)

§ 155.132 PERMITTED USES.

(A) Within this zone district only planned commercial developments will be permitted and no special use permit shall be required for commercial uses.

(B) Any use permitted in the “B-1" or “B-2" business districts. (Ord. 887, § 2.1002, passed - -) 98 Madison - Land Usage

§ 155.133 PERMITTED ACCESSORY USES.

Any accessory use permitted in the “B-1" or “B-2" business district is a permitted accessory use in the B-3 district. (Ord. 887, § 2.1003, passed - -)

§ 155.134 SPECIAL USES.

(A) Utilities: Electrical substations, gas regulator stations, other public utility distribution facilities.

(B) Governmental uses other than the municipality.

B-4 LIMITED BUSINESS DISTRICT

§ 155.145 GENERAL.

(A) The Limited Business District of the municipality is intended to provide for certain limited sales and service facilities located in and adjacent to residential areas. The district is limited by size and facilities to preserve and protect the general character of the residential areas surrounding these particular districts.

(B) The establishment and/or expansion of any Limited Business Districts shall conform to the following additional locational, design, area and bulk, and use requirements:

(1) Design Standards. The lot on which the shopping unit is situated shall be landscaped and maintained in conformity with the general character of the surrounding area. There shall be provided and maintained along rear lines and side lines of the lot a planting or other appropriate screen of at least ten feet in depth and of a density adequate to provide visual screening from adjacent properties. Yard requirements for a lot on which a neighborhood shopping unit is located shall not be less than the yard requirements of the most restrictive abutting zoning district.

(2) Access Ways. Any access way to any off-street parking lot or loading berth shall be located at least ten feet from any lot line.

(3) Refuse Containers. All garbage or other refuse shall be in removable, visually screened, covered containers. (Ord. 887, § 2.11, passed - -) Zoning 99

§ 155.146 PERMITTED USES.

(A) Barber, beauty, bakery shops.

(B) Candy, ice cream, drug, food, fruit, hobby, meat, self-service, and similar retail stores.

(D) Service offices such as realtors, optometrists.

(E) Postal substations.

(F) Public utility collection offices.

(G) Physicians, dentists and similar professions.

(H) Retail clothing, hardware, jewel and similar uses.

(I) Restaurants but not drive-in kinds.

(J) Telephone booths. (Ord. 887, § 2.1101, passed - -)

§ 155.147 PERMITTED ACCESSORY USES.

(A) Accessory uses that are clearly associated with and supplemental to the principal use of the lot or tract of land.

(B) Storage of merchandise or inventory usually carried in stock, provided that such storage shall be located on the same lot with the business and shall be within a completely enclosed building.

§ 155.148 SPECIAL USES.

(A) Automotive service stations.

(B) Dwelling units and lodging rooms in the same structure occupied by a business.

(D) Eating and drinking establishments such as taverns.

(E) Utilities: Electrical substations, gas regulator stations, other public utility distribution facilities.

(F) Governmental uses other than the municipality.

(G) Mineral and soil extraction development. (Ord. 887, § 2.1103, passed - -; Am. Ord. 1339, passed 11-19-1996)

I-1 INDUSTRIAL DISTRICT

§ 155.160 GENERAL.

The Industrial District of the municipality delineates areas where a satisfactory correlation of factors such as adequate transportation facilities, accessibility for employees, efficient land assembly, adequate topographical conditions, and adequate provisions of public utilities required by light industry may be achieved. It is intended that this particular district will generally provide for light industry of an assembly nature from finished goods, warehousing and wholesaling activities. Supportive services for light industry are generally of a non-retail or personal service character and should be encouraged to locate in this district. Open storage of equipment and supplies should be encouraged to locate in this district. (Ord. 887, § 2.12, passed - -)

§ 155.161 CONDITIONS OF USE.

The permitted uses shall be subject to the following:

(A) Any production, processing, cleaning, servicing, testing, repair, or storage of goods, materials, or products shall take place without creating disturbing influences to the use and occupancy of adjoining properties.

(B) All business, production, servicing, and processing shall take place within completely enclosed buildings unless otherwise specified. Storage of equipment and supplies in this district may be open to the sky but shall be enclosed by a wall or fence, including gates, at least eight feet high. Off-street loading facilities and open, off-street parking facilities for the storage of motor vehicles may be unenclosed throughout the district, except for such screening of parking and loading facilities as may be required.

(C) Railroad siding frontage. No yards shall be required for those portions of lots which front on railroad sidings. Zoning 101

(D) Buffer areas. Landscape development shall be required along all streets, with the exception of approved entrances which border the proposed development, to be planted and maintained with trees and shrubbery to serve as a screen for the parking and storage areas. A planting screen, consisting of suitable shrubbery and trees, shall be planted wherever the industrial use abuts any other use district. Such screen shall consist of shrubbery and trees at least five feet in height when planted and shall be maintained at not less than 20 feet in height when full grown or as approved by the Administrative Official. (Ord. 887, § 2.1201, passed - -)

§ 155.162 PERMITTED USES.

(A) Manufacturing, processing and related activities to include the following, provided that neither junk yards, the dismantling of vehicles or the storage of dismantled vehicles, petroleum bulk plants, or outside storage of flammable gases or liquids or explosives are permitted.

(1) Apparel and other products manufactured from textiles; brushes and brooms.

(2) Carpet shops and power woodworking.

(3) Ceramic products such as pottery.

(4) Cleaning and dry cleaning plants.

(5) Cold storage.

(6) Contractors’ equipment and material storage.

(7) Creameries and dairies.

(8) Electrical appliances, such as lighting fixtures, irons, fans.

(9) Electrical energy production.

(10) Electrical equipment assembly such as radio, television and movie equipment.

(11) Ice, dry and natural.

(12) Incinerator, landfill, transfer station, or balefill for non-hazardous or non-toxic materials or waste as defined by the Illinois Environmental Protection Act and subject to the siting process thereunder.

(13) Laboratories: Medical, dental, research, experimental, and testing.

(14) Machine shops for tool, die and pattern making. 102 Madison - Land Usage

(15) Motor freight terminals.

(16) Pharmaceutical products, compounding only.

(17) Products from finished materials of metal, plastics, fiber, fur, glass, leather, paper, precious and semi-precious stones, or other similar materials.

(18) Soldering and welding.

(19) Tools and hardware.

(20) Toys.

(21) Watches.

(22) Research and development of any commodity except explosives or flammable liquid or gases.

(23) The production of fuel grade ethanol including: the fermentation of plant matter, the distillation of ethanol and the dehydration of ethanol.

(24) The production of bio-diesel fuel or its by-products.

(B) Additional wholesale and industrial related uses permitted in this district include:

(1) Places of amusement and recreation.

(2) Automobile and/or agricultural implement sales, repair and service stations.

(3) Animal hospitals when conducted entirely within an enclosed building.

(4) Boat sales and service.

(5) Business machines, repair service, storage and wholesale.

(6) Candy, wholesale distribution.

(7) Cement products, wholesale (pipe, blocks, and the like).

(8) Display, designers’ and builders’ shops.

(9) Express companies, warehouses.

(10) Feed and seed stores.

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(11) Food products, brokers, distributors.

(12) Gasoline stations.

(13) Lumberyards.

(14) Machine and equipment rental and repair.

(15) Newspaper printing.

(16) Parking lots and garages.

(17) Restaurants.

(18) Storage of automobiles.

(19) Termite control contractor shops.

(20) Warehouses.

(21) Weighers, commercial.

(22) Welding, equipment and supplies, storage.

(C) The following shall not be permitted: Dwelling, boarding and rooming houses, dormitories, fraternity and sorority houses, apartment hotels, mobile homes or mobile home parks or courts, and any uses for living quarters not specifically provided for in the portion of this section entitled “permitted accessory uses.” (Ord. 887, § 2.1202, passed - -; Am. Ord. 1256, passed 4-25-1995; Am. Ord. 1677, passed 9-19-2006; Am. Ord. 1686, passed 4-3-2007)

§ 155.163 PERMITTED ACCESSORY USES.

(A) Dwelling units for watchmen or caretakers only.

(B) Off-street parking and loading.

(C) Accessory uses clearly associated with and supplementary to the principal use of the lot or tract of land. (Ord. 887, § 2.1203, passed - -)

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§ 155.164 SPECIAL USES.

(A) Airport or landing fields.

(B) Governmental uses, other than the municipality.

(D) Manufacturing, processing or storage involving flammable or explosive materials, liquids, or gases.

(E) Utilities: Electrical substations, gas regulator stations, other public utility distributor facilities.

(F) Mineral and soil extraction development.

(G) Recycling, reclamation, or refuse center for non-hazardous or non-toxic materials as provided in the Illinois Environmental Protection Act and subject to the siting and/or permitting process thereunder, if any. (Ord. 887, § 2.1204, passed - -; Am. Ord. 1256, passed 4-25-1995; Am. Ord. 1339, passed 11-19-1996)

GENERAL DEVELOPMENT REGULATIONS

§ 155.175 PURPOSE.

The purpose of this subchapter is to define general development regulations that apply in all zoning districts and in other development areas where applicable. These regulations apply to all development within the appropriate jurisdiction of the municipality. (Ord. 887, § 3.1, passed - -)

§ 155.176 ACCESSORY USES.

(A) All Residential and Neighborhood Business Districts.

(1) Any attached accessory building or structure shall be considered as a part of the principal building.

(2) The maximum height of any accessory buildings shall be 25 feet.

(3) An accessory structure shall be:

(a) A minimum distance of ten feet from the principal building.

2007 S-5 Zoning 105

(b) A minimum distance of 25 feet from a side lot line that is adjacent to a street.

(c) A minimum distance of five feet from the side lot line and five feet from the rear lot line except and when division (A)(4) below of this section requires a greater distance.

(d) A minimum distance of 60 feet from the front lot line.

(4) Fences and accessory structures shall be set back a minimum distance of 12 feet from the centerline of an alley.

(B) Industrial Districts and All Business Districts Except Neighborhood Business.

(1) The maximum height of any accessory building shall be 25 feet.

(2) An accessory structure shall be:

(a) A minimum distance of 12 feet from the principal building.

(b) A minimum distance of 25 feet from a side lot line adjacent to a street except in Business Districts where none is required.

(c) A minimum distance of 20 feet from the rear lot line except when a buffer or planting screen is required additional footage shall be required to allow at least a 12-foot lane for rear access. (Ord. 887, §§ 3.2, 3.201, passed - -; Am. Ord. 1154, passed 9-5-1989)

§ 155.177 ACCESSORY BUILDING.

No accessory building shall be used for residential purposes except as otherwise provided in this code. (Ord. 887, § 3.3, passed - -) Penalty, see § 155.999

§ 155.178 BULK OF BUILDING.

All buildings and structures shall conform to the building regulations established herein for the district in which each building shall be located, except that parapet walls, chimneys, cooling towers, elevator bulkheads, fire towers, stacks, and necessary mechanical appurtenances may be permitted to exceed the maximum bulk provisions when erected in accordance with all other ordinances of the municipality. (Ord. 887, § 3.4, passed - -) Penalty, see § 155.999

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§ 155.179 EMERGENCY AND TEMPORARY OCCUPANCY BUILDING.

No temporary structure (including trailers or mobile homes) shall be used or occupied for any residential, commercial or industrial use except as specifically permitted or required by this code. However, the Zoning Board of Appeals may, upon application therefor, permit the use of such temporary structure for a period not to exceed one year, subject to such conditions as the Zoning Board of Appeals deems to be compatible with the character of the area in which the structure is located and in compliance with reasonable consideration of the general health, safety and welfare. Such occupancy shall be contingent on an emergency resulting from fire, explosion or disaster, or in conjunction with construction, demolition or related conditions. (Ord. 887, § 3.5, passed - -) Penalty, see § 155.999

§ 155.180 MAXIMUM HEIGHT OF BUILDINGS; EXCEPTION.

The height limitations of this code shall not apply to church spires, belfries, cupolas, penthouses or domes not used for human occupancy, nor to chimneys, ventilators, skylights, water tanks, silos, parapet walls, cornices without windows, antennas or necessary mechanical appurtenances usually carried above the roof level. (Ord. 887, § 3.6, passed - -)

§ 155.181 BUILDINGS PER LOT; YARDS.

No part of an area, frontage, or yard required for any lot, building, or use for the purpose of complying with the provisions of this code shall be included as an area, frontage or yard for another lot, building or use. Except as otherwise specifically provided in this code only one principal building shall be permitted on a lot. (Ord. 887, § 3.7, passed - -) Penalty, see § 155.999

§ 155.182 USE AND BULK OF BUILDING.

No building, structure, or premises shall be used or occupied and no buildings or parts thereof or other structures shall be constructed, erected, raised, moved, placed, reconstructed, extended, enlarged, or altered and no building shall be occupied by more families and/or persons than prescribed for such building, structure or premise for the district in which it is located and as otherwise regulated herein, except in conformity with this code. (Ord. 887, § 3.8, passed - -) Penalty, see § 155.999

§ 155.183 INFRINGEMENT ON GOVERNMENTAL PROPERTY.

No use shall infringe on governmental property or on any public right-of-way. (Ord. 887, § 3.9, passed - -) Penalty, see § 155.999

2007 S-5 Zoning 107

§ 155.184 CORNER AND THROUGH LOTS.

For any through lot both frontages shall comply with the front yard requirement of the district in which it is located. (Ord. 887, § 3.10, passed - -) Penalty, see § 155.999

§ 155.185 CONTIGUOUS PARCELS; LOTS.

When two or more parcels of land, each of which lacks adequate area and/or minimum dimensions to qualify for a permitted use under the requirements of the district in which they are located, are contiguous, and are held in one ownership, they shall be used as one zoning lot for such use. (Ord. 887, § 3.11, passed - -) Penalty, see § 155.999

§ 155.186 DIVISION OF LOTS.

No zoning lot shall hereafter be divided into two or more zoning lots unless all zoning lots resulting from each such division shall conform with all the applicable regulations of the zoning district in which the property is located. (Ord. 887, § 3.12, passed - -) Penalty, see § 155.999

§ 155.187 FRONTAGE LOT REQUIREMENTS.

Any lot in any district shall have minimum frontage abutting a public street, the width of which shall be at least 30 feet. The only exception to this requirement may be in a Planned Unit Development. (Ord. 887, § 3.13, passed - -) Penalty, see § 155.999

§ 155.188 NONCONFORMING USES.

(A) A nonconforming use is a use of land or buildings within the municipality that does not conform (does not meet the regulations of this code in some way). A nonconforming use may often have a detrimental effect on the land use around it, such as increased traffic on residential streets, not enough parking space, the emission of noxious fumes, the creation of loud noises or a depressing effect on property values.

(B) These regulations are intended to minimize the existing and/or potential problems created by nonconforming uses.

(1) Continuation of a nonconforming use. 108 Madison - Land Usage

(a) Any lawful building, structure, or use existing at the time of the enactment of this code may be continued even though such building, structure, or use does not conform to the provisions of this code for the district in which it is located and whenever a district shall be changed hereafter the then existing lawful use may be continued, subject to the provisions of this code.

(b) Any legal nonconforming building or structure may be continued in use provided there is no structural change other than normal maintenance and repairs, except as otherwise permitted herein.

(2) Change or extension of nonconforming use.

(a) A nonconforming use shall not be extended but the extension of a conforming use to any portion of a nonconforming building shall not be deemed the extension of such nonconforming use.

(b) A nonconforming use shall not be changed to a use of the same or greater nonconformity with the district regulations of the district in which it is located and when changed to a use of a greater conformity shall not thereafter be changed to a use of lesser conformity; however, in the I-1 Industrial District a nonconforming use shall not be changed to a nonconforming residential use.

(3) Abandonment or discontinuance.

(a) When any nonconforming use has been discontinued for a period of 12 consecutive months such use shall not thereafter be resumed and any future use of the premises shall be in conformity with the provisions of this code, provided that, such nonconforming use may be resumed when the owner during the period of discontinuance, has been actively attempting to continue such nonconforming use.

(b) Proof of fact in writing must be furnished to the Board of Appeals by the applicant to establish intent not to abandon.

(4) Repairs, maintenance and alteration.

(a) Ordinary repairs and maintenance of a nonconforming building shall not be deemed an extension of such nonconforming building and shall be permitted.

(b) No structural alteration shall be made in a building or other structure containing a nonconforming use except in the following situations:

1. When the alteration is required by law.

2. When the alteration will actually result in elimination of the nonconforming use. Zoning 109

3. When a building in a residence district containing residential nonconforming uses may be altered in a way to improve livability, provided no structural alteration shall be made which would increase the number of dwelling units or the bulk of the building.

(5) Restoration. If a building, excluding single-family dwellings, or other structure containing a nonconforming use is damaged or destroyed by any means to the extent of 50% or more of its value at the time, the building or other structure can be rebuilt or used thereafter only for a conforming use and in compliance with the provisions of the district in which it is located. In the event the damage or destruction is less than 50% of its value, based upon the prevailing costs, the building may then be restored to its original condition and the occupancy or use of such building may be continued which existed at the time of such partial destruction.

(a) In the event that the Administrative Official’s estimate of the extent of damage or fair market value is not acceptable to the applicant for the building permit to repair or reconstruct such building or structure, the applicant may appeal to the Zoning Board of Appeals.

(b) In any event, restoration or repair of the building or other structure must be started within a period of six months from the date of damage or destruction and diligently prosecuted to completion.

(c) The Administrative Official may issue, or cause to be issued, a building permit if the subject matter thereof is otherwise permitted by the provisions of this subchapter, provided that the Administrative Official may impose such conditions and requirements to the issuance of the permit as are reasonably necessary to promote compatibility of the nonconforming use or building with its immediate neighborhood and to protect adjacent property from any adverse effects of the nonconforming use.

(6) Conversion to special use. A nonconforming use may be made a special use by granting a special use permit in conformity with the provisions of this code. (Ord. 887, §§ 3.14 - 3.20, passed - -)

§ 155.189 GENERAL PERFORMANCE STANDARDS.

(A) Any lot shall be properly graded for drainage and maintained in good condition, free from trash and debris.

(B) Noise emanating from any use shall not be of such volume or frequency as to be unreasonably offensive at or beyond the property line. Unreasonably offensive noises due to intermittence, beat frequency or shrillness shall be muffled so as not to become a nuisance to adjacent uses. 110 Madison - Land Usage

(C) No obnoxious, toxic or corrosive matter, smoke, fumes or gases shall be discharged into the air or across the boundaries of any lot in such concentrations as to be detrimental to or endanger the public health, safety, comfort or welfare or to cause injury or damage to property or business. (Ord. 887, § 3.21, passed - -) Penalty, see § 155.999

§ 155.190 PERMITTED USES.

When a use or accessory is not specifically listed in the sections devoted to “permitted uses” it shall be assumed that such uses are expressly prohibited unless by a written decision of the Zoning Board of Appeals it is determined that the use is similar to and is compatible with the uses listed in the appropriate zone district. Such a written decision shall become a permanent public record for subsequent administrative use and shall be considered as being a permitted use or accessory use in the same manner as if such use had been specifically included in the zone district. (Ord. 887, § 3.22, passed - -)

§ 155.191 INDIVIDUAL SEWER SYSTEMS.

In any zone district where individual sewage systems are used in place of central or public sewage facilities, the minimum lot area, width and depth shall be determined by the soils in that zoning district but shall not be less than the requirements for that zone district. The Administrative Official shall require the property owner to obtain a signed, written opinion from a qualified soils scientist or related professional determining if larger lots are necessary for the proper functioning of the individual sewage disposal system to prevent the possibility of health hazards. If lots larger than those required by the zone district are indicated as necessary, the Administrative Official shall require such larger lots. (Ord. 887, § 3.23, passed - -)

§ 155.192 YARDS; EXCEPTIONS; MINIMUM REQUIREMENTS.

(A) Exceptions, minimum requirement. Subject to the requirements that there be a minimum distance of six feet between any point of a roof or eaves on a principal building and any point on any principal building on an adjacent lot the following exceptions shall apply:

(1) Cornices, chimneys, planters, or other similar architectural features may extend two feet into a required yard.

(2) Open, unenclosed, uncovered porches at ground level may extend into a required yard not more than six feet.

(3) Fire escapes may extend into a required yard not more than four feet. Zoning 111

(4) Patios extending into required rear yards may be covered by a roof, but shall not be enclosed by walls.

(5) Canopies, eaves, balconies, roof overhangs or other similar features not included in the foregoing parts of this section may extend into a required yard not more than four feet.

(6) Except as otherwise provided in this section, in all “R” Districts, where lots comprising 50% or more of the frontage on one side of a street between intersection streets are developed with buildings having an average front yard with a variation of not more than ten feet, the average front yard of such buildings shall be the minimum required, provided such an average requirement is not less than 20 feet or more than 35 feet.

(B) Existing building requirements. No yards now or hereafter provided for a building existing on the effective date of this code shall subsequently be reduced below, or further reduced below if already less than, the minimum yard requirements of this code for equivalent new construction except as otherwise specifically provided for herein.

(C) Location, required open space. All yards, courts, and other open spaces allocated to a building or dwelling group shall be located on the same zoning lot as such building or dwelling group unless otherwise specifically provided for herein.

(D) Maintenance, courts and other open spaces. The maintenance of yards, courts, and other open space and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the owner of the property on which it is located if the building is vacant. Furthermore, no legally required yards, courts, or other open space or minimum lot area allocated to any building shall, by virtue of change of ownership or for any other reason, be used to satisfy yard, court, other open space, or minimum lot area requirements for any other building. (Ord. 887, §§ 3.24 through 3.27, passed - -) Penalty, see § 155.999

§ 155.193 NONAGRICULTURAL FENCES, WALLS, BUFFER STRIPS, AND SIMILAR STRUCTURES.

(A) Purpose. This section shall regulate all fences, walls, buffer strips, and similar structures unless otherwise provided in some other division of this section, including fences, walls, buffer strips, and similar structures in all uses and districts.

(B) Definition. For purposes of this section the term FENCES shall include walls, buffer strips, and similar structures consisting of an artificially constructed barrier intended to provide privacy or limit access to a zoning lot or portion of a zoning lot.

(1) Fences shall be located within the side or rear yard areas of each zoning lot and, except as hereinafter provided, shall not be located in the front yard of any zoning lot.

2007 S-5 112 Madison - Land Usage

(2) Fences may be installed on zoning lot lines where it is constructed on a joint or shared basis with the adjoining zoning lot owner or with the consent of the adjoining owner so as to create a common or shared fence for both lots. In such circumstances, it shall be the responsibility of the installing owner to provide written confirmation of the consent of the adjoining owner for installation of the fence on the property line.

(3) In single-family residential uses, fences shall not be installed in the front yard of zoning lots located in R-1, R-2, R-3, or R-4 zoning districts. Fences, walls and similar structures of a purely ornamental nature utilized for landscaping effect may be installed in the front yard in the zoning lots of such districts, however, they may not exceed 42 inches in height. Upon application to the Building Inspector and Zoning Board, subject to review and approval, nonornamental fences, walls, and similar structures may be installed in the front yards of the foregoing single-family residential zoning districts and applications, but only if same are compatible with the adjoining property and its use.

(4) In multi-family and nonresidential zoning districts, fences may be installed in front yards only with the approval of the Building Inspector upon application.

(D) Fence height.

(1) In residential rear and side yards, the maximum height of any fence shall be six feet. Where allowed, a fence located in a residential district in the front yard shall not exceed 42 inches in height. In nonresidential applications, fence height shall not be applicable to fencing which is part of a backstop, tennis court, or recreational application, however, the installation of such structures in residential districts shall require approval of the Building Inspector, subject to review by the Zoning Board.

(2) Fence height limitations are not applicable to fences built in conjunction with public utility substation facilities; municipal facilities; water or sewage treatment plant facilities; however, fences installed in such applications in residential districts may be required by the Building Inspector, subject to review by the Zoning Board, to install appropriate screening in connection with such fence installations.

(3) Fence height shall be measured at the highest point, not including columns or posts, of fence nearest the abutting property or street location. Columns or posts shall not extend more than 18 inches above the built height of the fence. Columns or posts shall be separated by a horizontal distance of at least four feet, except at gates. Any retaining wall or berm below the fence shall be considered as part of the overall height of the fence.

(E) Temporary fencing. Temporary fences may be installed around construction sites and works and erected or maintained as may be required by any applicable building code, statute, or regulation.

(F) Permitted fence types. The following fence types are permitted in all zoning districts: masonry or stone walls; ornamental iron; wood; vinyl; chain link or woven; or other material, approved by the Building Inspector, upon application and subject to review by the Zoning Board.

2007 S-5 Zoning 112A

(G) Prohibited fence types.

(1) Fences constructed primarily of barbed or razor wire.

(2) Fences carrying an electrical current.

(3) Fences constructed of any readily flammable material such as paper, cloth, or canvas.

(4) Fences topped with barbed wire, metal spikes, concertina wire, or similar material in any residential district, except fencing installed in a permitted nonresidential application within such area such as a public institution or public utility facility and which is installed for public safety or security purposes.

(5) Fences constructed of concertina wire or comparable material.

(6) Snow fences, chicken wire, livestock, and farm style fences.

(H) Construction and maintenance standards.

(1) All fence posts and supporting fence members shall be erected so that following construction they will face to the interior of the premises served by the fence.

(2) All chain link fencing shall be installed knuckle side up. The use of spikes, broken glass or sharp or pointed instruments or materials intended or likely to cause injury to any person coming into contact with same is prohibited.

(3) All fences, walls, and similar structures shall be maintained in a good state of repair and kept clear of weeds, tall grass, trees, etc., on a continuous basis in a safe manner plum (vertical) to the ground. Fences which are not maintained in a safe manner as a result of neglect, lack of repair, manner of construction, method of placement, or otherwise, shall be repaired, replaced, or demolished.

(4) Multiple fence installations along the same lot line shall be installed so that the outermost fence will screen any other fence installed along the same lot line or yard.

(I) Other fence requirements.

(1) No fence shall be placed or retained in manner which obstructs vision at any intersection of public or private streets or ways.

(2) No fence shall block access from doors or windows. Fences shall be located at least two feet from building walls, or structures except where fences project from building wall or the structure.

(3) Fence construction shall not alter or impede the natural flow of water in any stream, creek, drainage swell, or ditch, or impair in any manner the movement of water across the zoning lot.

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(J) Penalties.

(1) Any person, firm, or corporation in violation of this section shall be fined no less than $50 and no more than $750 for each violation.

(2) A separate offense shall be deemed committed on each day during or on which a violation occurs, exists or continues. (Ord. 1674, passed 8-15-2006)

SUPPLEMENTARY LAND USE AND AREA BULK REGULATIONS

§ 155.205 PURPOSE.

The purpose of this subchapter is to define regulations and standards that apply to the area, bulk and use of specific land uses. These regulations apply in all zoning districts. (Ord. 887, § 4.1, passed - -)

§ 155.206 CHURCHES AND PLACES OF FORMAL WORSHIP.

Each principal building shall be located at least 25 feet from all property lines or shall meet the zoning district yard and setback requirements, whichever is greater. (Ord. 887, § 4.2, passed - -) Penalty, see § 155.999

§ 155.207 DRIVE-IN THEATERS.

In any district where drive-in theaters are permitted, the establishment of such theaters shall be subject to the following requirements:

(A) Projection screens and parking areas shall not be closer than 150 feet from any street centerline and not closer than 200 feet from any Residential District boundary.

(B) The projection surface of motion picture screens shall not be visible from any major traffic street.

(C) Loudspeakers shall be limited to the individual type which are designed to be heard by the occupants of one car only.

(D) Entrances and exits shall connect only to major arterial or collector streets and shall be designed so as not to unduly interfere with or unnecessarily impede traffic flow.

2007 S-5 Zoning 112C

(E) Fences and/or appropriate plant screening as approved by the Administrative Official shall enclose the drive-in theater.

(F) All aisles and parking areas shall utilize at a minimum a dust pallative of the A-2 surface variety, or its equivalent. (Ord. 887, § 4.3, passed - -) Penalty, see § 155.999

§ 155.208 FENCES, WALLS AND HEDGES.

Fences, walls or hedges used for any purpose shall in all districts conform to the following:

(A) For the purpose of minimizing traffic hazards at street intersections by improving visibility for converging vehicles:

(1) Visual obstructions higher than two feet above the adjacent top of the curb or street elevation, whichever is higher, shall not be permitted to be planted, placed, maintained, or erected;

(2) Fencing shall permit direct vision through at least 90% of any one square foot segment of vertical surface area.

2007 S-5 112D Madison - Land Usage Zoning 113

(B) No barbed wire or other such sharp pointed fence below six feet in height and no electrically charged fence shall be erected or maintained except in agricultural districts.

(C) No permanent fence, retaining wall, or obstruction shall be constructed or erected within any public street or alley right-of-way unless authorized by the Administrative Official. Fences erected on public easement or across ditches shall be so constructed that drainage shall not be obstructed and in the event of necessity for removal of such fence for maintenance or other purposes removal and/or replacement of such fence or other improvement shall be the responsibility of the owner of the fence or retaining wall. (Ord. 887, § 4.4, passed - -; Am. Ord. 1154, passed 9-5-1989)

§ 155.209 REPAIR GARAGES.

In repair garages all repair work, servicing, and storage of parts and equipment concerning vehicles, boats, auto body, radiator and appliance repair and similar uses shall be done completely within an enclosed building or shall be enclosed by a solid fence at least eight feet in height or a planting screen of at least ten feet in depth and eight feet in height, or as approved by the Administrative Official. (Ord. 887, § 4.5, passed - -) Penalty, see § 155.999

§ 155.210 GASOLINE SERVICE STATIONS.

In districts where gasoline service stations are permitted the establishment of such uses shall be subject to the following requirements:

(A) All gasoline pumps, lubrication or similar devices and other service facilities shall be located at least 25 feet from any street right-of-way line or side or rear lot line.

(B) No access drive shall be within 200 feet of a fire station, school, public library, church, park or playground.

(C) All devices for dispensing or selling of milk, ice, cold drinks, and the like shall be located within the principal building.

(D) Whenever a gasoline service station has been abandoned all underground storage tanks shall either be removed or filled with some acceptable material approved by the Administrative Official. A gasoline service station shall be considered abandoned when the owner, tenant or lessor has not sought to continue the use for a period exceeding 12 months.

(E) All waste and trash receptacles shall be in a visually screened enclosed area except for minor receptacles at the gasoline pumps. (Ord. 887, § 4.6, passed - -) Penalty, see § 155.999 114 Madison - Land Usage

§ 155.211 URBAN HOME OCCUPATIONS.

Urban home occupations shall be considered special uses and the establishment and continuance of an urban home occupation shall be subject to the following requirements:

(A) Such use shall be conducted entirely within a dwelling and carried on by not more than two individuals, one of whom is the principal occupant.

(B) Such use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the residential character thereof.

(C) The total area used for such purposes shall not exceed the equivalent of one-fourth the floor area, in square feet, of the first floor of the user’s dwelling unit, if any, otherwise of the main floor of such dwelling unit; but in any instance a maximum of 300 square feet shall be allowed.

(D) There shall be no advertising, display or other indications of a home occupation on the premises except as provided in §§ 155.310 through 155.324.

(E) There shall not be conducted on the premises the business of selling stocks of merchandise, supplies, or products, provided that incidental retail sales may be made in connection with other permitted home occupations.

(F) There shall be no exterior storage on the premises of material used in the home occupation nor of any highly explosive or combustible material.

(G) There shall be no offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line.

(H) A home occupation, including studies or rooms for instruction, shall provide an additional off- street parking area adequate to accommodate needs created by the home occupation of not less than two parking spaces plus the parking spaces required for the dwelling unit. Such parking shall be provided on the same lot as the home occupation.

(I) For the purposes of this section, provided all requirements contained herein are met, the following shall be considered home occupations:

(1) Professional and service offices;

(2) Art and photo studio;

(3) Dressmaking or millinery;

(4) Teaching, with musical instruction limited to two pupils at a time; Zoning 115

(5) The keeping of not more than three roomers or boarders;

(6) Beauty and barber shops.

(J) A home occupation shall not include the following: clinic, hospital, mortuary, funeral home, nursing home, tea room, tourist home, antique shop, animal hospital, restaurant, veterinarian’s office, or use similar to any of the foregoing excluded uses. (Ord. 887, § 4.7, passed - -; Am. Ord. 1154, passed 9-5-1989) Penalty, see § 155.999

§ 155.212 JUNK YARDS.

In any district where junk yards are permitted, the establishment and/or maintenance of such uses shall be subject to the following requirements:

(A) All storage of parts and equipment and the dismantling of vehicles shall be done within a completely enclosed building or within an area enclosed by a solid fence not less than ten feet in height, or a planting screen 20 feet in depth and expected to attain a height of at least 20 feet.

(B) Any junk yard shall be located not less than 500 feet from any residential district boundary. (Ord. 887, § 4.8, passed - -) Penalty, see § 155.999

§ 155.213 LIGHTING CONTROLS.

Any light used for the illumination of signs, parking areas, swimming pools, or for any other purpose shall be arranged in such a manner as to direct the light away from neighboring residential properties and away from the vision of passing motorists. (Ord. 887, § 4.9, passed - -) Penalty, see § 155.999

§ 155.214 MOBILE HOMES; PARKING FOR INSPECTION AND SALES.

A mobile home may be parked for inspection and sale on any automobile or trailer sales lot but mobile homes shall not be parked for inspection and sales to the general public within any mobile home park. (Ord. 887, § 4.10, passed - -) Penalty, see § 155.999

§ 155.215 PLANT NURSERIES AND GREENHOUSES.

In any district where tree and plant nurseries and greenhouses are permitted the establishment of such uses shall be subject to the following requirements: 116 Madison - Land Usage

(A) No fertilizer, compost, manure or other odor or dust producing substance shall be stored within 50 feet of any property line.

(B) Greenhouse heating plants shall be in an enclosed building and shall not be less than 50 feet from any property line. (Ord. 887, § 4.11, passed - -) Penalty, see § 155.999

§ 155.216 PUBLIC BUILDINGS.

In any zone district where publicly owned office or governmental buildings, other than the municipality’s, are permitted there shall be no permanent storage of heavy construction or maintenance equipment (such as excavating, road building, or hauling equipment) unless in an enclosed building or enclosed within a live planting screen and fenced as approved by the Administrative Official. Such storage areas, maintenance yards or storage warehouses shall be located at least 15 feet from any property line. (Ord. 887, § 4.12, passed - -) Penalty, see § 155.999

§ 155.217 PUBLIC UTILITY STATIONS, EXCHANGES AND ESSENTIAL SERVICES.

Electrical substations, gas regulator stations, telephone exchange facilities, sewage treatment plants, water storage facilities or similar facilities in any residential zone district shall meet all following requirements and in other zone districts shall meet all requirements except (A), (E) and may be required to meet (G). A special use permit shall be required.

(A) No public office, or principal repair or storage facilities shall be maintained in connection with such substations or exchanges.

(B) The building housing any such facility shall be designed and constructed to conform to the general character of the neighborhood.

(D) Where all facilities and equipment are entirely within a completely enclosed building, the minimum lot shall be as follows: lot width shall not be less than the total width of the building plus the total of the minimum required side yards; lot depth shall not be less than the depth of the building plus the minimum required front yard plus the five foot minimum rear yard.

(E) Where facilities or equipment are located outside the completely enclosed building, no such facilities or equipment shall be located closer than 15 feet to any side or rear lot line. Zoning 117

(F) If transformers are exposed, there shall be provided an enclosing fence or wall at least six feet in height.

(G) All parcels or lots on which substations, exchanges, equipment or transformers are located shall meet the following minimum landscaping standards: a planting screen of at least ten feet in depth and expected to reach a height of at least ten feet shall be provided and maintained. (Ord. 887, § 4.13, passed - -) Penalty, see § 155.999

§ 155.218 PRIVATE AND PAROCHIAL SCHOOLS.

In any district where private and/or parochial schools are permitted, the following additional requirements shall be met:

(A) The site shall have a minimum of three acres and one additional acre for each 150 pupils in excess of 200.

(B) Each principal building shall be located at least 25 feet from all property lines. (Ord. 887, § 4.14, passed - -) Penalty, see § 155.999

§ 155.219 SWIMMING POOLS.

A public or private swimming pool in any zone district shall not be located in any required front yard, nor less than ten feet to a side lot line adjacent to a street. All swimming pools, spas, hot tubs, or other enclosures which contain 18 inches or more of water in depth at any point, shall have an adequate enclosure either surrounding the property or pool area, sufficient to make such body of water inaccessible to small children. Such enclosure, including gates therein, shall not be less than four feet above the underlying ground. All gates shall be self-latching with latches placed four feet above the underlying ground and otherwise made inaccessible from the outside to small children. (Ord. 887, § 4.15, passed - -; Am. Ord. 1154, passed 9-5-1989) Penalty, see § 155.999

§ 155.220 CAMPING TRAILERS AND RECREATIONAL VEHICLES.

The parking of not more than one unoccupied camping trailer, utility trailer or recreational vehicle in the side or rear yard or in a completely enclosed garage only is hereby permitted, provided that no living quarters or businesses shall be maintained in any such camp trailer and/or utility trailer, and provided further that the parking of camp trailer and/or utility trailer shall comply with the yard requirements for accessory buildings of the zone district in which it is located. (Ord. 887, § 4.16, passed - -) Penalty, see § 155.999 118 Madison - Land Usage

§ 155.221 MOBILE HOME PARKS.

(A) All mobile homes shall be located in and only in mobile home parks. A mobile home park shall be located only in a permitted zoning district and shall require a special use permit.

(B) The following conditions of use shall apply:

(1) A mobile home park shall be located on a tract of land not less than ten acres in area, with minimum width and depth dimensions of 400 feet.

(2) Nothing contained in this section shall be deemed as prohibiting the sale of a mobile home located on a mobile home space in a mobile home park and connected to the pertinent utilities, provided that any mobile home in a mobile home park shall not be sold with the lot upon which the mobile home is placed unless the lot is at least 5,000 square feet minimum, or the zoning lot is a part of a planned unit development with common lands, and that the rights to the enjoyment of common lands is transferred to the person purchasing the lot.

(3) All mobile home parks shall be provided with a planting screen of at least 20 feet in depth and height along the property boundary line separating the development and any adjacent zoning district or as approved by the Administrative Official.

(4) Streets and other access ways within mobile home parks shall be private streets and access ways, except in unusual circumstances. All mobile home parks shall have safe and convenient access to public streets. Such access way or street shall meet the construction and design standards of the subdivision regulations, or as approved by the City Engineer.

(5) No parking shall be permitted on the entrance street of the mobile home park for a distance of 100 feet from its point of beginning.

(6) Each mobile home space in a mobile home park shall be located within 200 feet of a drive or access way of not less than 20 feet in width which provides access to entrance and exit streets. All streets, drives and access ways shall be bounded by curbs and gutters.

(7) All mobile home parks shall be provided with safe, convenient, all-season pedestrian access. Sidewalks shall meet the requirements of the municipality.

(8) (a) All mobile homes shall meet the tie-down anchorage requirements of the following table (see also Appendix D). Zoning 119

12 and 14-foot Wide 10- and 12-foot Wide Mobile Homes Mobile Homes 30 to 50 ft. long 50 to 60 ft. long 60 to 70 ft. long No. of frame No. of over- No. of frame No. of over- No. of frame No. of over- ties (pairs) the-top ties ties (pairs) the-top ties ties (pairs) the-top ties 4 3 5 3 5 3

(b) Tie-down components used, including anchor systems, must be able to withstand at least 4,800 pounds without failure. The holding power of ground anchors can be determined by conducting pullout tests or by consulting with an anchor dealer. An anchor dealer should be able to provide data on anchor holding power for various kinds of soils. (Ord. 887, § 4.17, passed - -; Am. Ord. 969, passed 11-25-1980) Penalty, see § 155.999

§ 155.222 LIMITATIONS.

(A) Required parking spaces shall not be reduced.

(B) Front building setback requirements shall be met.

(D) Height limitations for structures may be modified by the Plan Commission but if any residential structure exceeds 30 feet it shall be set back from all property lines at least one additional foot for each foot of building height above 30 feet. (Ord. 887, § 4.20, passed - -) Penalty, see § 155.999

§ 155.223 SCHOOL-PARK DEDICATIONS.

A developer may include land designated for dedication for public school or public park use, which land may be considered part of the gross acreage of the development in computing the maximum number of lots that may be created or dwelling units that may be authorized provided that:

(A) When parks and schools are to be combined, dedications should be based on the following:

Type of Facility Minimum Area in Acres 1. Elementary School 3 acres plus 1 acre per 100 pupils 2. Junior High School 10 acres plus 2 acres per 100 pupils* 120 Madison - Land Usage

Type of Facility Minimum Area in Acres 3. Senior High School 20 acres plus 2 acres per 100 pupils* 4. Neighborhood Park and Playground when 2 acres per 1,000 population combined with elementary school ground meeting above standard * Exclusive of athletic fields for inter-school competition

(B) If not combined, no tract of less than five acres should be dedicated for public school use, or five acres for public park use; however, a tract of land, less than this minimum, may be accepted for dedication for public school or public park use, if it is an addition to an existing or proposed park or school site respectively, or is recommended for approval by the Administrative Officer;

(C) The proposed site is dedicated to public school or public park use in a manner approved by the Municipal Attorney as to legal form prior to recording of the subdivision plat;

(D) The School District accepts the proposed public school dedication and furnishes notification in writing to the Zoning Board of Appeals prior to the recording of the subdivision plat;

(E) Prior to the recording of the subdivision plat, a written agreement between the petitioner and the School District shall be submitted to the Zoning Board of Appeals for review and approval, which agreement shall indicate who is responsible for the installation of required improvements and indicate when the improvements will be installed;

(F) The Administrative Official recommends the proposed public park dedication, in writing, to the Zoning Board of Appeals, prior to the recording of the subdivision plat;

(G) The subdivision plat for record identifies the boundaries of the dedicated tract(s) within the P.U.D.;

(H) The deed of dedication for public park or public school use shall provide that in the event the property shall no longer be used for the purpose it will revert to the trustees of the subdivision in which it is located as common land. The trust indenture required shall provide for the manner in which the common land shall be controlled and maintained. (Ord. 887, § 4.21, passed - -) Penalty, see § 155.999

§ 155.224 COMMON LAND AREAS.

(A) Common land, all developments. Common land is that land within a planned unit development that is held in common ownership by all of the property owners. It is obtained by allowing the developer to reduce lot sizes producing land contiguous to the development which creates larger recreational areas Zoning 121 for the property owners of the development than could be obtained otherwise. This common land shall be located so that it is reasonably accessible to all the lots contributing to its area. Structures may be permitted on common land only if for common use and if included in the trust indenture regulating and controlling the common land.

(B) Conveyance of common areas. All open space, tree cover, recreational area, scenic vista, or other authorized land use, the acreage of which is utilized to determine the common land as herein provided, shall be conveyed by the developer in fee simple absolute title by a warranty deed to trustees approved by the majority of property owners. The trustees shall make provision by trust indenture for the sole benefit, use, and enjoyment of the lot owners, present and future, of each planned unit development authorized under the planned unit development procedure, for a period of at least 20 years, or for the duration of the development, whichever period of time is least. Thereafter, fee simple absolute title shall vest in the then owners as tenants in common. The rights of the tenants in common shall only be exercisable appurtenant to and in conjunction with their lot ownership. Any conveyance or change of ownership of any lot shall convey with it ownership in the common property. No lot owner has the right to convey his or her interest in the common property, except as an incident of the ownership of a regularly platted lot. The sale of any lot shall carry with it all the incidents of ownership of the common property, although such is not expressly mentioned in the deed; provided, however, that no right or power conferred upon the trustees shall be abrogated. Warranty deeds and trust indentures complying with the aforementioned provisions shall have attached thereto a written legal opinion prepared and signed by an attorney licensed to practice law in the State of Illinois, setting forth the attorney’s legal opinion as to the legal form and effect of the deeds and trust indentures. The deeds and indentures shall be approved by the Zoning Board of Appeals, approved by the Municipal Attorney as to legal form, and filed with the Recorder of Deeds of Madison or St. Clair County, simultaneously with the recording of the final subdivision plat. (Ord. 887, §§ 4.30, 4.31, passed - -) Penalty, see § 155.999

PLANNED UNIT DEVELOPMENTS

§ 155.235 GENERAL.

The purpose of a planned unit development is to provide alternate zoning procedures in the various zone districts to achieve:

(A) More attractive site layout;

(B) Economies in construction and in providing public improvements;

(D) Varying densities and building types; 122 Madison - Land Usage

(E) Preserving the natural beauty of the municipality. (Ord. 887, § 4.18, passed - -)

155.236 SINGLE-FAMILY PLANNED UNIT DEVELOPMENTS.

(A) The purpose of this section is to provide alternate zoning procedures for the Single-Family Residential Districts. A planned unit development enables a tract of land under single ownership or unified control to be developed at various densities provided that total development density is not greater than the maximum dwelling district. This can provide for more efficient use of open space, tree cover, recreation areas and scenic vistas.

(B) Under this section, lots may be reduced in area below the minimum lot size required by the residential district in which the development is located, provided that the average lot size of the total lots plus the total common area created in the development is not below the minimum lot size required by the applicable district.

(C) The land utilized by public utilities, such as easements for major facilities, such as electrical transmission lines, sewer lines, and water mains, where such land is not available to the owner for development because of such elements, shall not be considered as part of the gross acreage in computing the maximum number of lots that may be created under the procedure hereinafter described.

(D) The maximum number of lots that may be approved shall be computed by subtracting, from the total gross acreage available for subdivision under this planned unit development procedure the actual amount of street right-of-way required and that land in (C) which is not available, and by dividing the remaining area by the minimum lot area requirements of the existing residential district or districts in which the development is to be located.

(E) Private recreation facilities are limited to the use of the owners or occupants of the development, including golf courses, swimming pools, parkways, ornamental areas, extensive tree cover and lowland along streams.

(F) The minimum size parcel of land required for this P.U.D. shall be two acres.

(G) This P.U.D. shall be permitted in the “R-I” and “R-2" Zone District. (Ord. 887, § 4.19, passed - -)

§ 155.237 COMBINED SINGLE-/MULTIPLE-FAMILY PLANNED UNIT DEVELOPMENTS.

All requirements for this P.U.D. are exactly the same as § 155.236 with the exceptions that:

(A) Minimum tract size shall be ten acres; Zoning 123

(B) This P.U.D. is allowed in all Single- and Multiple-Family Districts;

(D) There may be more than one apartment building on a lot. (Ord. 887, § 4.22, passed - -)

§ 155.238 MULTIPLE USE PLANNED UNIT DEVELOPMENTS.

The owner or persons having unified control of any tract of land in any district or districts zoned for single or multiple-family uses comprising an area of not less than 40 acres may submit to the Administrative Official a plan for the use and development of all such tract of land for multiple-use purposes. (Ord. 887, § 4.23, passed - -)

§ 155.239 PERMITTED USES.

Residential and other land uses that are permitted in this P.U.D. includes one, two and multiple- family residences; row houses not to exceed eight in a single row and necessary convenience commercial shops for the development only, such as small laundromat, convenience food store, barber shop, beauty shop and dry cleaning shop. These and any additional uses may be permitted only when not currently accessible to development residents. All other requirements of § 155.236 apply. (Ord. 887, § 4.24, passed - -)

§ 155.240 MULTIPLE DWELLING/PLANNED UNIT DEVELOPMENT.

(A) The owner or persons having unified control of any tract of land zoned Multiple-Family Dwelling District may submit to the Administrative Officer a plan for the use and development of all of the tract of land for multiple dwelling purposes only. The minimum number of dwelling units eligible for this P.U.D. is eight units.

(B) If the P.U.D. is to contain 40 or more units, service establishments may be permitted which principally serve the residents of the development, such as a small laundromat, convenience food store, barber shop, beauty shop, dry cleaning shop and hobby shop. These and any similar business uses may not be permitted only when not currently accessible to development residents.

(C) There may be more than one main building on a lot and for the purpose of determining yard requirements the yard requirements shall be applied to the lot as a whole, the front thereof being the side 124 Madison - Land Usage having the greatest frontage upon a street or upon an officially approved place and each building upon the lot shall not be required to separately meet the side and rear yard requirements; however, development perimeter setbacks shall be met.

(D) All other requirements and conditions of § 155.236 apply. (Ord. 887, § 4.25, passed - -)

§ 155.241 BUSINESS/PLANNED UNIT DEVELOPMENT.

The purpose of this section is to provide permissive, voluntary, and alternative zoning procedures in all Business Districts to permit the flexibility of uses and design beyond that permitted in the particular districts, under conditions of approved site, architecture, and development plans. The owner or persons having unified control of a tract of land in any district zoned for business uses comprising an area of not less than two acres may submit to the Administrative Officer a plan for the use and development of all such tract of land for any use or combination of uses permitted per lot provided the parking requirements of §§ 155.255 and 155.265 through 155.281 are met. (Ord. 887, § 4.26, passed - -)

§ 155.242 INDUSTRIAL/BUSINESS PLANNED UNIT DEVELOPMENT.

The purpose of this section is to provide permissive, voluntary, and alternative zoning procedures in all industrial districts to permit the flexibility of uses and design beyond that permitted in the particular districts under conditions of approved site, architecture, and development plans. The owner or persons having unified control of a tract of land in any district zoned for industrial purposes may submit to the Administrative Officer a plan for the use and development of all such tract of land for industrial uses or for any industrial/business use combination. More than one building may be permitted per lot provided the parking requirements of §§ 155.255 and 155.265 through 155.281 are met. (Ord. 887, § 4.27, passed - -)

§ 155.243 APPLICATION.

The owner or persons having unified control of a tract of land who wish to make application for a planned unit development shall follow the procedures of §§ 155.335 and 155.336 established for special use permits and shall comply with the requirements herein. (Ord. 887, § 4.28, passed - -)

§ 155.244 CONDITIONS OF APPROVAL.

The development plan shall not be approved except under the following conditions: Zoning 125

(A) The special use application and site plan shall contain the information requested in § 155.335.

(B) The design and construction standards of this code shall apply except as approved when variations are incorporated in the site plan or application.

(C) All residential planned unit developments shall make provision by trust indenture for common land and business/industrial planned unit developments may make provision for common land and a trust indenture shall be required.

(D) Applications for approval of planned unit development designed in accordance with the provisions of this section shall be accompanied by all of the necessary legal documentation relating to the conveyance of common areas as provided for in § 155.224.

(E) Reasonable additional requirements including but not limited to landscaping, lighting, screening, access ways, and building setback may be imposed by the Zoning Board of Appeals for the protection of adjacent residential property. (Ord. 887, § 4.29, passed - -)

GENERAL OFF-STREET PARKING AND LOADING PROVISIONS

§ 155.255 PURPOSE.

The purpose of this section and §§ 155.265 through 155.281 is to alleviate or prevent congestion of the public streets and to promote the safety and welfare of the public by establishing minimum requirements for the off-street parking and loading and unloading of motor vehicles in accordance with the use to which property is put. For all buildings and structures erected and all land uses established after the effective date of this code, accessory parking and loading facilities shall be provided as required by this code. No part of an off-street parking area required for any building or use for the purpose of complying with the provisions of this code shall be included as a part of an off-street parking or loading space similarly required for another building or use. (Ord. 887, § 5.1, passed - -)

OFF-STREET PARKING

§ 155.265 ACCESSORY USES.

No motor vehicle repair work shall be permitted in conjunction with accessory off-street parking lots or areas provided in a residence district for a commercial or industrial use. The sale of gasoline and 126 Madison - Land Usage motor oil when permitted, in conjunction with accessory off-street parking areas shall be located with respect to residential properties so as not to create a nuisance. (Ord. 887, § 5.2, passed - -) Penalty, see § 155.999

§ 155.266 COMPUTATION.

When determination of the number of off-street parking spaces required by this code results in a requirement of a fractional space any fraction of ½ or less may be disregarded, while a fraction of or in excess of ½ shall be counted as one parking space. (Ord. 887, § 5.3, passed - -)

§ 155.267 DAMAGE OR DESTRUCTION.

For any conforming building or use which is in existence on the effective date of this code which is damaged or destroyed by fire, explosion or other similar cause and which is reconstructed, reestablished, or repaired, additional off-street parking or loading facilities need not be provided, except that parking or loading facilities equivalent to any maintained at the time of such damage or destruction shall be restored or continued in operation. However, in no case shall it be necessary to restore or maintain parking or loading facilities in excess of those required by this code for equivalent new uses or construction. (Ord. 887, § 5.4, passed - -)

§ 155.268 ACCESS AISLES AND SPACE REQUIREMENTS.

Each off-street parking space shall not be less than ten feet wide and 20 feet long, except as approved by the Administrative Official.

(A) Aisles. Interior parking aisles permitting two-way traffic should be a minimum of 22 feet in width. One way aisles in conjunction with 60 degree parking shall be a minimum of 18 feet in width. Plans for other aisle widths with other angle parking shall be as approved.

(B) Residential zones. Access to off-street parking areas in all residential zone districts shall be a minimum of ten feet wide except as follows:

(1) If a driveway is longer than 100 feet or serves more than the required parking for four dwelling units, the minimum width shall be 20 feet.

(2) Two one-way driveways each 12 feet wide may be provided in lieu of one 20-foot driveway. Zoning 127

(C) Commercial and industrial zones. Access to off-street parking areas in all commercial and industrial zones shall be a minimum width of 24 feet or two separate driveways each 12 feet wide. (Ord. 887, § 5.5, passed - -) Penalty, see § 155.999

§ 155.269 INGRESS AND EGRESS.

(A) All parking areas in any multiple-family, business, industrial or similar zone district shall be designed or arranged so that no vehicle can have direct access to or egress from any off-street parking space from a public right-of-way. In any instance stated in this section ingress to and egress from a parking space shall be from an aisle, driveway, or similar arrangement by forward motion of the vehicle.

(B) No access way or lane shall be within 30 feet of any corner formed by the intersection of the right-of-way of two or more streets. On a corner where a traffic signal or stop sign exists, such entrance or exit shall be located at such distance and in such manner so as not to cause or increase traffic hazard or undue congestion.

(D) Except in unusual circumstances no access way from a public street shall exceed 35 feet in width. (Ord. 887, § 5.6, passed - -) Penalty, see § 155.999

§ 155.270 LOT LINES.

All parking aisles and parking spaces shall be entirely within the lot lines, and not on a public right- of-way. Parking spaces and loading spaces shall be so arranged that no part of any vehicle overhangs the public right-of-way. (Ord. 887, § 5.7, passed - -) Penalty, see § 155.999

§ 155.271 SCREENING AND LANDSCAPING.

All open automobile parking lots serving a commercial, industrial, institutional or similar use shall provide a landscaped screen, wall or fence along those property boundaries abutting a residential district or use. Such landscaped screen, wall or fence shall be maintained by the owner or lessee and a maintenance agreement shall be filed with the Administrative Official. Plans for the landscaping, wall or fence shall be as approved. (Ord. 887, § 5.8, passed - -) Penalty, see § 155.999 128 Madison - Land Usage

§ 155.272 SETBACK.

Where two lanes of off-street parking is provided between any building and a street, in order to accommodate pedestrian and vehicular traffic, the building shall be set back at least 75 feet from the lot line. A six-inch vertical curb shall be provided to separate such off-street parking areas from the public right-of-way. Similar parking in the rear of a building shall require a setback of at least 64 feet. (Ord. 887, § 5.9, passed - -) Penalty, see § 155.999

§ 155.273 SURFACING.

All open off-street parking areas, lots and driveways shall be improved with a compacted stone base of not less than four inches thick, surfaced with two inches of bituminous concrete or an approved material with comparable construction. (Ord. 887, § 5.10, passed - -) Penalty, see § 155.999

§ 155.274 EXISTING PARKING AND LOADING FACILITIES AND USES.

(A) Accessory off-street parking or loading facilities which are located on the same lot as the building or use served and which were in existence on the effective date of this code or were provided voluntarily after such effective date shall not hereafter be reduced below, or if already less than, shall not further be reduced below the requirements of this code for a similar new building or use.

(B) Whenever the existing use of a building or structure shall hereafter be changed to a new use, parking or loading facilities shall be provided as required herein for such new use. However, if the building or structure was erected prior to the effective date of this code, additional parking or loading facilities are mandatory only in the amount by which the requirements for the new use would exceed those for the existing use if the latter were subject to the parking and loading provisions of this code.

(C) When the intensity of use of any building, structure, or premises shall be increased through addition of dwelling units, gross floor area, seating capacity, or other units or measurement specified herein for required parking or loading facilities, parking and loading facilities as required herein shall be provided for such increase in intensity of use. (Ord. 887, § 5.11, passed - -) Penalty, see § 155.999

§ 155.275 JOINT PARKING FACILITIES.

Off-street parking facilities for different buildings, structures, or uses, or for mixed uses, may be provided collectively in any zoning district in which separate parking facilities for each constituent use would be permitted, provided that the total number of spaces so located together shall not be less than the sum of the separate requirements for each use. (Ord. 887, § 5.12, passed - -) Zoning 129

§ 155.276 LOCATION OF OFF-STREET PARKING FACILITIES.

The location of offstreet parking spaces in relation to the use served shall be as prescribed hereinafter. All distances specified shall be walking distances from a main entrance of the use served to the nearest point of the parking facility. (Ord. 887, § 5.13, passed - -) Penalty, see § 155.999

§ 155.277 PARKING AND LOADING IN RESIDENTIAL DISTRICTS.

Parking spaces accessory to dwellings shall be located on the same zoning lot as the use served, but motor vehicles may not be parked and located in any portion of the front yard of the lit, except in that portion of the front yard coterminous with the side yard wherein the driveway is located. Off-street parking facilities accessory to residential use and developed in any residential district shall be used solely for the parking of passenger automobiles or the vehicles owned or operated by the occupants of the dwelling structures. In no instance shall a commercial vehicle exceeding one ton capacity be parked in a residential area, except for normal loading, unloading or service, except by a special use permit. Commercial or related uses located in a residence district that cannot provide the required parking on the same zoning lot may provide parking on an adjacent lot or a lot across the street but not more than 200 linear feet from the commercial use served. (Ord. 887, § 5.14, passed - -; Am. Ord. 1713, passed 8-18-2009) Penalty, see § 155.999

§ 155.278 PARKING AND LOADING IN BUSINESS AND INDUSTRIAL DISTRICTS.

All required parking spaces shall be within 1,000 feet of the use served, except that spaces accessory to dwelling units (other than those located in a transient hotel) shall be within 300 feet of the use served. However, no parking spaces accessory to a use in a business or industrial district shall be located in a residence district, except that private, free, off-street parking accessory to such uses, and municipal parking lots, may be allowed by special use permit within 500 feet of and adjacent to any business or industrial district. (Ord. 887, § 5.15, passed - -)

§ 155.279 OFF-SITE PARKING FACILITIES.

When required parking facilities are provided on land other than the zoning lot on which the building or use served by such facilities is located, they shall be and remain in the same possession or ownership as the zoning lot occupied by the building or use to which the parking facilities are accessory. No such off-site parking facilities shall be authorized and no building permit or occupancy permit shall be issued where the plans call for parking facilities other than on the same zoning lot until and unless the Administrative Official has reviewed the plans and heard the applicant and made findings that the

2010 S-8 130 Madison - Land Usage common ownership or possession of the zoning lot and the site of the parking facilities are reasonably certain to continue and that the off-site parking facilities will be maintained at all times during the life of the proposed use or building. (Ord. 887, § 5.16, passed - -) Penalty, see § 155.999

§ 155.280 OTHER PARKING USES.

For uses not listed heretofore in this schedule of parking requirements, parking spaces shall be provided on the same basis as required for the most similar listed use as determined by the Administrative Official. (Ord. 887, § 5.17, passed - -) Penalty, see § 155.999

§ 155.281 PARKING SPACES REQUIRED.

For the following uses accessory off-street parking spaces shall be provided as required hereinafter. Parking spaces required on an employee basis shall be based on the maximum number of employees on duty or residing, or both, on the premises at any one time. When employee parking is required it shall be provided on the basis of one space for each one and one-half employees.

Use Number of Parking Spaces

Residential, Civic, Educational, Institutional

Apartment Hotels Two for each dwelling unit Churches or Auditoriums One per four seats for the largest seating area Elementary and Junior High Schools One per 500 square feet of classroom area Employee parking required Senior High Schools One for each 200 square feet of classroom area Employee parking required Libraries and Museums One for each 500 square feet of total floor area Municipal Buildings One for each 300 square feet of total floor area Lodging Houses One for each dwelling unit or lodging room; two for the owner or manager. Employee parking required. Zoning 131

Use Number of Parking Spaces

Mobile Home Park or Court Two for each mobile home plus one for each two mobile homes for visitors and the parking of recreational vehicles Motels and Motor Hotels One for each dwelling unit or lodging room Employee parking required Multiple-Family Dwelling Two for each dwelling unit One-Family Dwelling Two for each dwelling unit Private Clubs, Lodges and Dormitories with One for each lodging room in dormitories, each Sleeping Facilities for Guests 100 square feet shall be considered equivalent to a lodging room Employee parking required Two-Family Dwelling Two for each dwelling unit Multi-Family Efficiency One and one-half per dwelling unit Multi-Family One Bedroom Two for each dwelling unit

Retail and Services Uses

Automobile Car Wash On review Automobile Service Stations On review Banks On review Bowling Alleys Four parking spaces shall be provided for each alley, plus such additional spaces as may be required herein for affiliated uses - bars, restaurants and the like Drive-In Restaurants On review Restaurants One parking space shall be provided for each five seats, or for each 50 square feet of floor area used for assembly or seating purposes, whichever gives the greater number of spaces Furniture and Appliance Stores, Household Three times the net retail space divided by 350 Equipment or Furniture Repair Stores square feet plus warehouse requirements 132 Madison - Land Usage

Use Number of Parking Spaces

Home Occupations Two spaces for each 200 square feet of floor space utilized in addition to the parking requirements of the dwelling unit Motor Vehicle Sales and Machinery Sales One parking space shall be provided for each 300 square feet of total floor area Municipal or Privately Owned Recreation One parking space shall be provided for each 1½ Building or Community Centers employees, plus spaces adequate in number as determined by the Administrative Official to serve the visiting public Retail Stores One parking space shall be provided for each 200 square feet of floor area Shopping Centers and Combined Five and one-half parking spaces for each 1,000 Commercial/Office or Service Uses square feet of gross leasable area Theaters (indoor) and Stage One parking space shall be provided for each five seats Theaters - Automobile Drive-In At least ten stacking spaces or at least eight for each entrance at the ticket booths Undertaking Establishments, Funeral Parlors Ten parking spaces shall be provided for each chapel or parlor, or one space for each five seats whichever is greater, plus one parking space for each funeral vehicle kept on the premises. Employee parking required.

Office Uses

Business, Professional and Governmental One parking space shall be provided for each 300 Offices square feet of floor area plus one space for each company or business vehicle

Industrial Uses

1. Industrial Uses of All Types, Except Warehousing and Transportation Terminals, less than 250,000 square feet of gross area: Zoning 133

Use Number of Parking Spaces

Employee Parking One parking space per 1½ employees on maximum shift or not less than one parking space for each 500 square feet of gross floor area; when more than one shift is employed, parking for both shifts shall be provided, unless sufficient time is allowed between shifts to provide for the maximum use of the required parking Visitor Parking One parking space for each 25 employees on main shift, with a minimum of two parking spaces and a maximum of 20 required visitor spaces Company Vehicles One parking space to accommodate each company- owned or leased truck or vehicle usually found on the premises; size of parking spaces for trucks shall be approved by the Administrative Official 2. Industrial Use of All Types, Except Warehousing and Transportation Terminals, mote than 250,000 square feet of gross floor area: Employee Parking One parking space per 1½ employees on site at maximum shift, or not less than one for each 500 square feet; then one parking space for each 1,000 square feet of floor area, except where a reduction in the required parking is approved by the Administrative Official Visitor Parking One parking space for each 25 employees on main shifts, with a minimum of two parking spaces and a maximum of 20 required visitor parking spaces Company Vehicles One parking space to accommodate each company- owned or leased truck or vehicle usually found on the premises; size of parking spaces for trucks shall be approved by the Administrative Official 134 Madison - Land Usage

Use Number of Parking Spaces

3. Warehousing: Employee Parking One parking space for each 1,000 square feet of gross floor area or one parking space for each 1½ employees, whichever is greater; whenever all or any portion of a warehouse area, facility or building is proposed to be converted, remodeled, or changed to a nonwarehouse use, the number of parking spaces required by this section for the intended use shall be secured and provided for prior to conversion to use or remodeling of the warehouse facility or building Company Vehicles One parking space to accommodate each company- owned or leased truck or vehicle usually found on the premise; size of parking space for trucks shall be approved by the Administrative Official 4. Transportation or Trucking Yard Terminals: Employee Parking One parking space for each 1,000 square feet of warehousing, shop area, or loading area and one parking space for each driver of a company vehicle which is dispatched from the terminal Company Vehicle One parking space to accommodate each company- owned or leased truck or vehicle usually found on the premises; size of parking space for trucks shall be approved by the Administrative Official (Ord. 887, § 5.18, passed - -) Penalty, see § 155.999

OFF-STREET LOADING AND UNLOADING

§ 155.290 GENERAL DESIGN.

Each required off-street loading space shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movements. Such access way shall be at least 12 feet in width. (Ord. 887, § 5.19, passed - -) Penalty, see § 155.999 Zoning 135

§ 155.291 BELOW MINIMUM FLOOR AREA.

Uses for which off-street loading facilities are required herein but which are located in buildings of less floor area than the minimum for which such facilities are required shall be provided with adequate receiving facilities as determined by the Administrative Official. (Ord. 887, § 5.20, passed - -) Penalty, see § 155.999

§ 155.292 BUFFERS.

Loading space for vehicles over two ton capacity shall not be closer than 50 feet to any property in a residence district unless completely enclosed by building walls, a solid fence, wall or foliage buffer not less than ten feet in height and width. (Ord. 887, § 5.21, passed - -) Penalty, see § 155.999

§ 155.293 LOCATION.

All permitted or required loading space shall be located on the same zoning lot as the use served, shall not be located within 50 feet of the intersection of any two streets, and shall not be located within required front yards except as approved. (Ord. 887, § 5.22, passed - -) Penalty, see § 155.999

§ 155.294 SPACES NOT FOR PARKING.

Space allocated to any off-street loading berth shall not, while so allocated, be used to satisfy the space requirements for any off-street parking facilities or portions thereof. (Ord. 887, § 5.23, passed - -) Penalty, see § 155.999

§ 155.295 SIZE REQUIREMENTS.

Unless otherwise specified, a required loading space shall be at least ten feet in width by at least 25 feet in length and shall have a vertical clearance of at least 14 feet, or as determined by the Administrative Official such greater distances as are needed to accommodate vehicles so that no vehicle overhangs into the public right-of-way shall be provided. Reasonably adequate turning and maneuvering space shall be provided in addition to the minimum size loading berth requirements. (Ord. 887, § 5.24, passed - -) Penalty, see § 155.999 136 Madison - Land Usage

§ 155.296 REPAIR AND SERVICE.

No motor vehicle repair work or service of any kind shall be permitted in conjunction with loading facilities provided in any “R” Residence District. (Ord. 887, § 5.25, passed - -) Penalty, see § 155.999

§ 155.297 SPECIAL USE; OTHER USE.

For special uses and uses other than prescribed for in this code, loading spaces, adequate in number and size to serve such use, as determined by the Administrative Official shall be provided. (Ord. 887, § 5.26, passed - -)

§ 155.298 SURFACING.

All open off-street loading space shall be improved with a compacted stone base, not less than seven inches thick, surfaced with not less than two inches of bituminous concrete or some comparable material with comparable construction. (Ord. 887, § 5.27, passed - -) Penalty, see § 155.999

§ 155.299 LOADING AND UNLOADING SPACES REQUIRED.

For the uses listed in the following table, off-street loading space shall be provided on the basis of gross floor area of building or portions thereof devoted to such uses in the amounts shown herein.

Total Square Feet of Gross Floor Area Per Building Loading Spaces Required Commercial, Office and Industrial Uses To 2,999 On Review 3,000 to 19,999 1 20,000 to 49,000 2 50,000 to 100,000 3 Above 100,000 On Review Hospitals, Institutions, and Similar Uses To 9,999 On Review 10,000 to 49,999 1 50,000 to 100,000 2 Above 100,000 On Review (Ord. 887, § 5.28, passed - -) Zoning 137

SIGN REGULATIONS

§ 155.310 PURPOSE.

(A) The purpose of this subchapter is to regulate the size, height, number, location, illumination and construction of signs permitted in the various districts of the municipality.

(B) Conditions within the various zone districts that necessitate the regulation of signs include:

(1) Conflicts between traffic-control signs and signals and various private signs resulting in vehicular and pedestrian safety problems.

(2) Signs are sometimes placed in locations or constructed in a manner that creates a danger to the public during periods of high winds or inclement weather.

(3) The uncontrolled use of signs defeats the sign’s informational or advertising functions as competitors escalate sign size and expense in an effort to fairly attract attention.

(4) The uncontrolled use and proliferation of signs create visual pollution that destroys the beauty of the municipality the attractiveness of commercial areas and the ability of the public to safely and quickly interpret the intended message. (Ord. 887, § 6.1, passed - -)

§ 155.311 GENERAL REQUIREMENTS.

(A) The sign standards of this subchapter shall be regulated by zone districts as shown on the municipality zone district map(s).

(B) If this code is amended to include a zone district not presently included in this code, no sign shall be permitted unless:

(1) By a written interpretation of the Zoning Board of Appeals the new zone district is similar to an existing zone district; or

(2) Additional sign regulations for the new zone district are included in the amendment. (Ord. 887, § 6.2, passed - -)

§ 155.312 ILLUMINATION.

(A) The light from any illuminated sign shall be so shaded, shielded or directed that the light intensity or brightness shall not be objectionable to surrounding areas and the light rays shall not spill over the property lines into a residential zone except by indirect reflection. 138 Madison - Land Usage

(B) No sign shall have blinking, flashing or fluttering lights or other illuminating device which has a changing light intensity, brightness or color. Beacon lights are not permitted. This section is not intended to prevent signs showing time and temperature exclusively.

(C) Neither the direct, nor reflected light from primary light sources shall create a traffic hazard to operators of motor vehicles on public thoroughfares.

(D) No exposed lamps or bulbs which exceed 15 watts shall be used on the exterior surface of any sign so as to expose the face of the bulbs, light or lamp to any public street or adjacent property. (Ord. 887, § 6.3, passed - -) Penalty, see § 155.999

§ 155.313 MEASUREMENT OF SIGNS.

All signs shall be measured as shown in Figure 3 of Appendix C. Measurements shall include all of the area contained within the square shown in Figure 3 and only structural supports shall be excluded in computing total allowable sign area. Only one side of any double facing sign shall be considered in the total sign area permitted for any building, use or lot, provided that the same message appears on both faces of the sign. (Ord. 887, § 6.4, passed - -)

§ 155.314 PROHIBITED PLACEMENT.

No sign shall be attached to a tree or utility pole. (Ord. 887, § 6.5, passed - -) Penalty, see § 155.999

§ 155.315 SIGNS IN RESIDENTIAL AND AGRICULTURAL DISTRICTS.

(A) Permitted signs may be anywhere on the premises, except as restricted by § 155.208(A) or if ground mounted, the top shall not be over five feet above the ground and, if wall mounted, shall be flush mounted and shall not project above the roof line. Lighting, if used, shall be white.

(B) A sign not exceeding two square feet in area shall be permitted, per dwelling unit. The sign per dwelling shall indicate only the name of the occupant and may include the address.

(C) For multiple dwellings one additional sign totaling six square feet in area shall be permitted. The additional sign area permitted for multiple dwelling shall only be for identification of the building. (Ord. 887, § 6.6, passed - -) Zoning 139

§ 155.316 SIGNS IN BUSINESS DISTRICTS.

These sign regulations shall apply to all business zone districts except as specifically exempted.

(A) Content. Signs allowed in this zone shall be identity signs only; however, they may include a changeable marquee provision.

(B) Wall signs. Any business use may be permitted a wall sign for each side of a building fronting a public street. Wall signs shall not project more than one foot from the building wall and copy shall run parallel (horizontal) with the wall.

(C) Size. Maximum permitted wall sign area shall be one square foot of sign area for each linear foot of building frontage on a street to a maximum of 300 square feet on individual street frontages (see § 155.313)

(D) Free standing signs. Free standing signs shall be permitted in all business districts.

(E) Clearance and height. An area ten feet in height, except for structural members, shall be maintained clear of obstruction under any free standing sign to increase pedestrian safety and to create a clear field of vision to recognize the location of streets and commercial entrances and exits. Free standing signs may not exceed 30 feet from ground elevation except as increased by variance approval.

(F) Location. Any sign may be located anywhere on the premises unless locations are given herein and provided the regulations of § 155.208(A) are met, and:

(1) No sign shall intrude into any public right-of-way and structural supports shall be at least ten feet from any public right-of-way line except as approved.

(2) Any sign shall be at least ten feet above a sidewalk and 15 feet above driveways or alleys.

(3) Signs may be on the vertical faces of marquees. The bottom of marquee signs shall be no less than ten feet above the grade at any point. No part of the changeable copy shall project above or below the vertical marquee face.

(G) Computation. The maximum allowable area for any free standing sign shall be based on the following formula:

Factor Times Principal Frontage Equals Sign Size Factor Linear Feet of Principal Frontage Allowable Sign Area in Square Feet 2.5 First 50 feet 125 2.0 Next 50 feet add 100 140 Madison - Land Usage

Factor Times Principal Frontage Equals Sign Size Factor Linear Feet of Principal Frontage Allowable Sign Area in Square Feet 1.5 Next 50 feet add 75 1.0 Next 100 feet add 100 Maximum total possible is 400 square feet of sign area

(H) Incidental signs. Signs indicating services, products, prices, trade information, or other information not including product advertising are incidental signs.

(1) No products or product containers or signs shall be closer to a public right-of-way line than ten feet.

(2) All incidental signs shall be wall signs or shall be on a permanently installed structure. If incidental signs are wall signs their area in square feet shall be subtracted from the total area permitted for wall signs. Other incidental signs are deemed free standing and their area in square feet shall be subtracted from the total area permitted for free standing signs. (Ord. 887, § 6.7, passed - -)

§ 155.317 SIGNS IN INDUSTRIAL ZONES; SIZE.

(A) Size. For each industrial establishment one square foot of sign area for each lineal foot of building frontage on a public street is permitted. Free standing and wall sign requirements are the same as in the business zones except the maximum total area of all permitted signs shall not exceed 300 square feet.

(B) Location. Requirements shall be the same as for business zones.

§ 155.318 TYPES OF SIGNS.

Signs listed in this section shall be permitted in any zone district on private property, shall not require a permit but are subject to the general requirements of this subchapter. These signs are classified as identity signs.

(A) Construction signs. Construction signs which identify the architects, engineers, contractors and other individuals or firms involved with construction, but not including any advertisement of any product Zoning 141 and signs announcing the character of the building enterprise or the purpose for which the building is intended, during the construction period, to a maximum area of 16 square feet for each firm. The signs shall be removed within 14 days of the beginning of the intended use of the project or as individual subcontracts expire, whichever is sooner.

(B) Real estate. Real estate signs advertising the sale, rental or lease of residential property may be four square feet, and may be 16 square feet for other property provided they are on the premises for sale, rental or lease. Such signs shall be removed within seven days of the sale, rental or lease.

(C) Political campaign. One sign per premises of up to 32 square feet on nonresidential property may be permitted announcing candidates for public office. In residential or agricultural areas or districts political campaign signs of up to 16 square feet, one per premises, may be permitted. These signs shall be confined within private property and removed within seven days after the election for which they were made.

(D) Street banners. Street banners advertising a public entertainment or event, if approved by the Administrative Official and only for locations designated by the Administrative Official during and for 14 days before and seven days after the event.

(E) Yard signs. Signs commonly regarded as “garage or yard sale” signs shall be permitted only on private property and shall be restricted to a maximum area of four square feet. The sign shall be dated when posted and shall be removed seven days after posting.

(F) Charitable signs. Other signs publicizing a charitable or nonprofit event of general public interest shall be permitted only on private property and shall be restricted to a maximum area of four square feet in residential zones and 32 square feet in business or industrial zones. Such signs shall be permitted for 14 days before and seven days after the event.

(G) Public signs. Signs in the public interest, erected on the order of a public officer in the performance of his or her public duty, such as safety signs, danger signs, trespassing signs, traffic signs, memorial plaques, signs of historical interest and the like shall be permitted when notification is given to the Administrative Official.

(H) Institutional. Signs setting forth the name or any simple announcement for any public, charitable, educational or religious institution located entirely within premises of that institution, up to an area of 24 square feet. If ground mounted, the top shall be no more than six feet above ground level (see § 155.208). Such signs concerning announcements shall be permitted no more than 14 days before and seven days after such event.

(I) Integral. Names of buildings, dates of erection, monumental citations, commemorative tablets and the like when carved into stone, concrete or similar material or other permanent type construction and made an integral part of the structure. 142 Madison - Land Usage

(J) Private traffic directions. Signs directing traffic movement onto a premise or within a premise, not exceeding three square feet in area for each sign may be permitted. Horizontal signs on and flush with paved areas are exempt from these standards.

(K) Home occupations. Signs not exceeding two square feet in area for urban home occupations attached flat against the building, stationary and not illuminated, announcing only the name and occupation of the resident are permitted.

(L) Vehicles. Signs on vehicles of any kind, provided the sign is painted or attached directly to the body of the original vehicle and does not project or extend beyond the original manufactured body proper of the vehicle excepting magnetic signs not extending more than ½ inch may be permitted.

(M) Subdivision entrance. Subdivision entrance signs not to exceed six square feet of sign area not including decorative mounting, which shall not exceed five feet in height, shall be non-illuminated, non- pole mounted and so located as not to create a safety hazard at intersections may be permitted. (Ord. 887, §§ 6.9 - 6.22, passed - -) Penalty, see § 155.999

§ 155.319 PROHIBITED SIGNS.

(A) Any sign existing in violation of this section shall be removed, altered or repaired in accordance with the provisions of this code within three months after the date of passage of this code.

(B) Prohibited are signs which:

(1) Contain statements, words, or pictures of an obscene, indecent, or immoral character, such as will offend the public morals or decency.

(2) Contain or are an imitation of an official traffic sign or signal.

(3) Are of a size, location, movement, content, coloring, or manner of illumination which may be confused with or construed as a traffic control device or which hide from view any traffic or street sign or signal.

(4) Advertise an activity, business, product or service no longer conducted on the premises upon which the sign is located.

(5) Move in any manner or have a major moving part.

(6) Include, contain, or consist of banners, posters, pennants, ribbons, streamers, strings, or light bulbs, spinners, or other similarly moving devices. These devices when not part of any sign are similarly prohibited, unless they are permitted specifically by other ordinances. Zoning 143

(7) May swing or otherwise noticeably move as a result of wind pressure because of the manner of their suspension or attachment. (Ord. 887, § 6.23, passed - -) Penalty, see § 155.999

§ 155.320 TAGGING.

All signs shall display, in a place conspicuous to inspectors, a tag approved by the Administrative Official and containing such pertinent data as he or she may designate such as name of owner, date of erection and size in square footage. (Ord. 887, § 6.24, passed - -) Penalty, see § 155.999

§ 155.321 MAINTENANCE.

All signs and components thereof shall be kept in good repair and in safe, neat, clean and attractive condition. (Ord. 887, § 6.25, passed - -) Penalty, see § 155.999

§ 155.322 REMOVAL OF SIGNS.

The Administrative Official may order the removal of any sign erected or maintained in violation of this code. He or she shall give 30 days notice in writing to the owner of such sign, or of the building, structure or premises on which such sign is located, to remove the sign or to bring it into compliance. The Administrative Official may remove a sign immediately and without notice if, in his or her opinion, the condition of the sign is such as to present an immediate threat to the safety of the public. (Ord. 887, § 6.26, passed - -)

§ 155.323 APPEALS.

An owner or lessee of a sign in violation of this code may appeal the violation notice issued by the Administrative Official by filing a written appeal form in the office of the Administrative Official (see § 155.336). The Zoning Board of Appeals shall hear the appeal in accordance with their usual procedure. (Ord. 887, § 6.27, passed - -)

§ 155.324 PERMIT REQUIREMENTS; APPLICATION; NULLIFICATION.

(A) Requirements. No sign shall be erected, altered or relocated without a permit issued by the Administrative Official, except as otherwise provided herein. Where electrical permits are required, they shall be obtained at the same time as the sign permit. 144 Madison - Land Usage

(B) Application. The permit application shall contain the location of the sign structure, the name and address of the sign owner and of the sign erector, drawings showing the design and location of the sign and such other pertinent information as the Administrative Official may require to insure compliance with the codes and ordinances of the municipality.

(C) Nullification. A sign permit shall become null and void if the work for which the permit was issued has not been completed within a period of six months after the date of the permit. Permit fee shall not be refunded. (Ord. 887, §§ 6.28 - 6.30, passed - -)

ADMINISTRATION AND ENFORCEMENT

§ 155.335 PERMITS; APPLICATIONS.

(A) Applications and permits. All zoning and building applications shall be filed with the Administrative Official. There shall be submitted with all applications, two copies of a layout or site plan of the proposed site at a scale necessary for clarity, but not larger than 36 inches square, showing:

(1) The location, dimensions and character of all present and/or proposed buildings, structures and uses;

(2) The location of adjacent pedestrian and vehicular traffic circulation;

(3) The location of off-street parking and off-street loading;

(4) Proposed type of surfacing material for access ways and parking;

(5) Plan for pedestrian and vehicular traffic within the subject area with consideration given to the established street systems serving the subject area, and to emergency vehicle access to each building;

(6) Perspectives or such other information as is necessary to indicate the relative compatibility of the proposed development with the immediate neighborhood as well as within the subject area;

(7) General landscaping and screening plan;

(8) Location of public or private utilities proposed to serve the subject area;

(9) Proposed finished grade of the site; Zoning 145

(10) Development schedule providing reasonable guarantees for the completion of the proposed development or other construction according to the development schedule;

(11) Current zone district classification; and

(12) Proposed zone district classification, when applicable.

(B) Bulk variance. Applications for area-bulk variances shall supply the applicable provisions of division (A) of this section and shall meet the requirements of § 155.336(D).

(C) Zoning compliance certificate. Hereinafter no land shall be occupied or used and no building erected, altered, or extended, shall be used or changed in use until an occupancy permit shall have been issued by the Administrative Official stating that the building zoning classification, building location and proposed use thereof complies with the provisions of this code.

(D) Issuance. An occupancy permit for a new building or the reconstruction or alteration of an existing building shall be applied for coincident with the application for a building permit and the certificate shall be issued within five working days following an approved final inspection of the premises involved.

(E) Nonconforming uses. No nonconforming use shall be reinstated, changed, or extended without an occupancy permit having first been issued by the Administrative Official.

(F) Fees for zoning compliance certificate. The fee for occupancy permit and inspections shall be included in the building permit application fee and no additional fee shall be required.

(G) Zoning application - special use permit. This code divides the entire municipality into zoning districts and in each district there are mutually compatible uses which are permitted. It is recognized, however, that other uses may be necessary or desirable but their potential influence on permitted uses could be harmful. For this reason they are classed as special uses and may be permitted only under certain conditions. These special uses may be public or private uses. Applications for special uses shall provide the information requested in division (A) above of this section.

(H) Zoning application - amendments. The Corporate Authority may from time to time on its own motion, or on petition of any person or persons in interest, or on initial recommendation of the Planning Commission amend, supplement, or repeal the regulations and provisions of this code. Any application to amend this code shall be made to the Administrative Official.

(I) Planning Commission advisory report. Any such proposed amendment or change, when initiated by the Corporate Authority or by individual petition shall be referred to the Planning Commission for an advisory report thereon. When a proposed amendment or change is initiated by the Planning Commission the advisory report shall accompany the initial recommendation of the Planning Commission.

2003 S-1 Repl. 146 Madison - Land Usage

(J) Amendment procedure. Proposed amendments to this code shall follow the procedures of § 155.336(E) and applications shall contain the information requested in division (A) of this section.

(K) Zoning application fees.

(1) The following fees apply equally to:

(a) Special use permits.

(b) Area-bulk variance.

(2) The fees for subsections (a), (b) and (c) above shall be paid to the Municipal Clerk in the amount of $ 100 plus the cost of advertising prior to submission of the application to the Administrative Official. Any fee once paid shall not be refunded. (Ord. 887, §§ 7.1 - 7.11, passed - -; Am. Ord. 1608, passed 3-25-2003)

§ 155.336 BOARD OF APPEALS.

(A) Zoning procedure; powers and duties. “Board” when used in this section shall be construed to mean Zoning Board of Appeals. The Board shall consist of seven members appointed by the Mayor by and with the consent of the City Council. The terms of office shall be five years; provided that the members of the first Board shall serve respectively for the following terms or until their respective successors are appointed and qualified: one for one year, one for two years, one for three years, one for four years, one for five years, one for six years and one for seven years; and five each for those following the first appointment. The Chairperson of the Board shall be appointed by the Mayor with consent of the City Council and shall hold office until his or her term of appointment expires, or is otherwise terminated.

(B) Meetings. Meetings of the Board of Appeals shall be held at the call of the Chairperson or any two members, or at such times as the Board may determine. All hearings conducted by the Board shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or in absence or failing to vote, indicating such fact, and shall also keep records of its hearings and other official actions. Findings of fact shall be included in the minutes of each case of a requested area-bulk variation, and the reason for granting or denying such application shall be specified. Every rule or regulation, every amendment or repeal thereof, and every order, requirement and interpretation, decision or determination of the Board shall be filed immediately in the office of the Board and shall be a public record. The Board shall adopt its own rules and procedures, not in conflict with this code or with Illinois statutes.

2003 S-1 Zoning 147

(C) (1) Appeals. An appeal may be taken to the Zoning Board of Appeals by any person, firm or corporation, or by any officer, department, board or bureau affected by a decision of the Administrative Official concerning the zoning provisions of this code. Such appeal shall be taken within 45 days by filing with the Administrative Official a notice of appeal specifying the grounds thereof. The Administrative Official shall thereupon transmit to the Board all papers constituting the record upon which the action appealed from was taken. An appeal shall stay all proceeding in furtherance of action appealed from, unless the Administrative Official certifies to the Zoning Board of Appeals after the notice of appeal has been filed with him or her that by reason of facts stated in the certificate, the stay would, in his or her opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Zoning Board of Appeals or by a Court of Record on application, or notice to the Administrative Official and on due cause shown. The Board shall select a reasonable time and place for the hearing of the appeal and give due notice thereof to the parties concerned, including the applicant and any known objectors, and shall render a decision on the appeal without unreasonable delay. Any person may appear and testify at the hearing, either in person or by duly authorized agent or attorney. The Board may reverse or affirm wholly or partly, or may modify or amend the order, requirement, decision or determination appealed from to the extent and in the manner that the Board may decide to be fitting and proper to the premises.

(2) Appeal fee. Any person, firm or corporation prior to filing a notice of appeal to the Zoning Board of Appeals under division (C), shall pay to the Municipal Clerk a fee of $100. Any fee once paid shall not be refunded.

(D) Powers and duties. The Zoning Board of Appeals shall have all the powers and duties prescribed by law and by this code including the following:

(1) Interpretation. Upon an appeal from a decision by any Administrative Official, to decide any question involving the interpretation of any provision or term of the zoning provisions of this code including the determination of the exact location of any district boundary if there is uncertainty with respect thereto.

(2) Area-bulk variance. To vary or adapt the strict application of the requirements of the zoning provisions of this code in the case of exceptionally irregular, narrow, shallow, or steep lots, or other exceptional physical conditions, whereby such strict application would result in such practical difficulty and/or unnecessary hardship as would deprive the owner of the reasonable use of the land or building involved, but in no other case. In granting an area-bulk variance the Board shall prescribe conditions that it deems to be necessary or desirable for the public interest, convenience or welfare. No area-bulk variance in the application of any provisions of this code shall be granted by the Board unless it finds:

(a) That special circumstances or conditions fully described in findings of fact apply to the land or buildings for which the area-bulk variance is sought, which circumstances or conditions are peculiar to such land or buildings and do not apply generally to the land or buildings in the neighborhood, and that the circumstances or conditions are such that strict application of the provisions of this code would deprive the applicant of a reasonable use of such land or building;

2003 S-1 148 Madison - Land Usage

(b) That, for reasons fully set forth in the findings, the granting of the area-bulk variance is necessary for the reasonable use of land or buildings, and that the variance as granted by the Board is the minimum variance that will accomplish this purpose;

(c) That the granting of this variance will be in harmony with the general purpose and intent of this code and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. In addition to considering the character and use of adjoining buildings and those in the vicinity the Board in making its findings shall take into account whether the conditions of the subject premises is peculiar to the lot or tract described in the petition or is merely part of the general condition of the neighborhood which would appropriately be the proper jurisdiction of the Corporate Authority for consideration of rezoning of the area rather than a variance which would affect only a small segment of the area.

(3) Permits for area-bulk variances. To issue or authorize area bulk variances for any matter for which this code allows or requires the obtaining of a variance from the Zoning Board of Appeals. The Board shall not issue any permit concerning special uses or a zoning change in use.

(E) Procedure - Zoning Board of Appeals.

(1) The Board shall act in accordance with the procedure specified by law and by this code. Four members shall constitute a quorum and except as otherwise provided by this code an affirmative vote of at least four members shall be necessary to authorize any action of the Board. All appeals and applications to the Board shall be in writing. Every appeal or application shall refer to the specific provision of the code involved, and shall exactly set forth the interpretation that is claimed, the matter for which it is claimed that the variance should be granted, as the case may be.

(2) The municipality may appear by any designated official of the Corporate Authority and be heard as a party in interest in any hearing before the Board and the municipality may appeal any decision of the Board to a court of competent jurisdiction.

(3) Notice and hearing. No action of the Zoning Board of Appeals shall be taken on any case until after notice has been given that public hearing has been held as follows:

(a) A notice of the time and date of the hearing and a brief summary of explanation of the subject matter of the hearing shall be published in the newspaper of general circulation within the municipality within at least 15 but not more than 30 days prior to the hearing date.

(b) The notice in the foregoing subsection (a) shall be sent by first class mail to the applicant and owners of property in question at the time the public notice is published.

(c) Notice of the hearing concerning special use permits and rezoning requests shall additionally be sent by first class mail to property owners or persons residing on land adjacent to the property in question. The applicant shall furnish the necessary names and addresses of adjacent property owners.

2003 S-1 Zoning 149

(F) Special use permit and amendment. The Zoning Board of Appeals shall conduct all public hearings concerning special use permits and amendments to this code and shall issue an advisory report to the Corporate Authority concerning each application.

(G) Advisory reports. All advisory reports shall consider at least the following:

(1) The effect the proposal would have on the municipal comprehensive or land use plan;

(2) The effect the proposal would have on the health, welfare, safety, morals and comfort of the surrounding area;

(3) The effect the development would have on schools, traffic streets, shopping, public utilities and adjacent properties;

(4) Is the application necessary for the public convenience at that location or, in the case of existing nonconforming uses, that a special use permit will make the use more compatible with its surroundings;

(5) Is the application so designed, located and proposed to be operated that the public health, safety, and welfare will be protected;

(6) Will the application cause injury to the value of other property in the neighborhood in which it is located;

(7) Will the special use be detrimental to the essential character of the district in which it is located.

(H) Hearing on application. The Zoning Board of Appeals shall hear the application (or any modified application) in accordance with its usual procedure. They may: (1) recommend the application with or without conditions, (2) recommend denial of the application, or (3) refer the application back to the applicant for modification. If the application is recommended, the application in final form shall clearly note all stipulated conditions.

(I) Records. A record of the proceedings shall be preserved in such manner as the Zoning Board of Appeals shall by rule prescribe from time to time. Within 15 working days following the hearing, the Zoning Board of Appeals shall file a report of the hearing and its advisory report with the Corporate Authority.

(J) Application modification. If the application is referred back for modification by the Zoning Board of Appeals or subsequently by the Corporate Authority the applicant may resubmit the application in accordance with the directions of the Zoning Board of Appeals, if any, otherwise in time for the next regular meeting of the Zoning Board of Appeals.

(K) Written protest. In case of a written protest against any proposed amendments of the zoning regulations or districts, signed and acknowledged by the owners of 20% of the frontage proposed to be

2003 S-1 150 Madison - Land Usage altered, or by owners of 20% of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20% of the frontage directly opposite the frontage proposed to be altered, if filed with the Municipal Clerk, the amendment shall not be passed except by a favorable vote of at least two-thirds of the Corporate Authority.

(L) Corporate authority procedure. Upon receipt of the Zoning Board of Appeals’ advisory report, the Corporate Authority shall act according to its legislative procedure; however, any decision of the Corporate Authority contrary to a negative recommendation of the Zoning Board of Appeals shall require a two-thirds majority vote of the Corporate Authority for passage.

(M) Finding of fact. Every special use permit or amendment granted by the Corporate Authority shall be by ordinance and shall be accompanied by a finding of fact specifying the reason for making such special use permit.

(N) Minor plan changes/special use permits. Any development plan shall be a permanent site plan and shall not be modified, nor shall any additions be made thereto, except minor changes in a developmental plan may be made upon application to the Administrative Official. Major changes in the developmental plan require total review and reapplication.

(O) Special use expansion. Any expansion of a special use involving the enlargement of the buildings, structures, and land area devoted to such use shall be subject to the procedures set forth in this subchapter. (See division (F) above.)

(P) Revocation - expiration. The Corporate Authority may revoke a permit issued under this subchapter if:

(1) The proposal for which a permit has been issued is not carried out pursuant to the approved final site plan; or

(2) If any condition or requirement included in the permit is not complied with; or

(3) Any permit shall expire at the time or under the conditions established for the individual permit. (Ord. 887, §§ 8.1 - 8.16, passed - -; Am. Ord. 1608, passed 3-25-2003)

§ 155.337 ADMINISTRATIVE OFFICIAL; POWERS AND DUTIES.

(A) The enforcement of this zoning code is hereby vested in the Municipal Building Inspector referred to as the Administrative Official of this code.

(B) The Administrative Official shall administer and enforce this zoning code, and in addition thereto and in furtherance of the authority he or she shall: receive all applications and issue permits and certificates authorized under the terms of this code only when all provisions of this code have been complied with.

2003 S-1 Zoning 151

(1) Forward for action to the appropriate review body all special use, variances, amendments, and other applications with all pertinent documentation required.

(2) Conduct or have conducted such inspections as are necessary to determine compliance with the terms of this code.

(3) Provide and maintain a public information bureau relative to all matters arising out of this code.

(4) Maintain permanent and current records of all the above including maps and amendments to this code. (Ord. 887, §§ 9.1, 9.2, passed - -)

§ 155.338 COMPLIANCE REQUIRED.

In no instance shall a governmental or administrative official allow any public improvements to be made or building permits to be issued until all the requirements of this code have been fully complied with. (Ord. 887, § 9.3, passed - -)

§ 155.339 STOP ORDERS.

Whenever any building work is being done, or uses established, altered or otherwise changed in a manner contrary to the provisions of this code, the Administrative Official or other authorized person may order the work stopped by notice in writing served on any person engaged in doing or causing such work to be done and any such person shall forthwith stop such work until authorized by the Administrative Official to proceed. (Ord. 887, § 9.4, passed - -)

§ 155.340 PROSECUTION.

Whenever a violation of this code occurs, any person, including the Administrative Official or any other duly authorized municipal official or personnel in addition to and not by way of limitation of other remedies available, may file a complaint in the court of competent jurisdiction. (Ord. 887, § 9.5, passed - -) 152 Madison - Land Usage

§ 155.999 PENALTY.

A violation, by any person, corporation or otherwise, whether as principal agent, employee, or otherwise, of any provisions of this code shall be a misdemeanor, subject, upon conviction, to a fine of not more than $750 for each offense; and a separate offense shall be deemed committed on each day during, or on which a violation occurs or continues. (Ord. 887, § 9.6, passed - -) Zoning 153

APPENDIX A: CORNERS

(Ord. 887, § 1.9, Figure 1, passed - -) 154 Madison - Land Usage Zoning 155

APPENDIX B: LOTS

(Ord. 887, § 1.9, Figure 2, passed - -) 156 Madison - Land Usage Zoning 157

APPENDIX C: SIGN AREA

Figure 3

Figure 4

(Ord. 887, § 1.9, Figures 3, 4, passed - -) 158 Madison - Land Usage Zoning 159

APPENDIX D: TIEDOWN REQUIREMENTS

(Ord. 887, § 1.9, Figure 5, passed - -) 160 Madison - Land Usage Zoning 161

APPENDIX E: MINIMUM DISTRICT REGULATIONS

“R-1" SINGLE- “R-2" “R-3" FAMILY SINGLE- MULTIPLE “A” AGRI- RESIDENCE FAMILY FAMILY MINIMUM CULTURE RESIDENCE RESIDENCE

Lot area in sq. ft. 3 acres 6,000 square feet 4,000 square 7,500 square or acres feet feet Width at building 200' 80' 65' 65' Lot line in linear feet Standards Mean depth in 200' 120' 100' 100' linear feet Local streets 65' 50' 45' 50' Front building Collector streets 78' 57' 52' 57' line setback Minor arterial 65' 60' 65' requirements Arterial streets 90' 75' 60' 75' from the center line of: State and Federal 90' 75' 70' 75' Highways

Depth of side 35' 25' 20' 25' yard abutting a street in linear Depth of side feet yard abutting lot in linear Total for both 30' 15' 15' 15' feet Minimum for 10' 5' 8' 5' either Distance to 30' 15' 15' 15' nearest principal building on adjacent lot Depth of rear 30' 25' 25' 25' yard in linear feet Maximum height 35' 25' 25' 35' of principal building in linear feet Floor area ratio 0.5 0.5 0.5 0.5 Max. no. of 1 per 3 acres 1 1 1 per 3,000 sq. dwelling units ft. of lot area 162 Madison - Land Usage

“B-1" “B-4" NEIGHBOR- “B-2" LIMITED HOOD COMMUNITY BUSINESS “I-1" MINIMUM REQUIREMENTS BUSINESS BUSINESS DISTRICT INDUSTRIAL

Lot area in sq. 7,500 sq. ft. -0- 7,500 sq. ft. -0- ft. or acres

* Lot Width at 60' -0- 50' -0- Standards building line in linear feet

Mean depth in 100' -0- 100' -0- linear feet

Local streets 50' -0- 50' 50' * Front bldg. Collector streets 57' -0- 57' 57' line setback Arterial streets requirements Minor arterial 75' -0- 65' 75' from the center State and 65' -0- 65' 65' line of: Federal 75' -0- 75' 75' Highways

Depth of side 25' -0- 25' 25' yard abutting a street in linear feet

* Depth of side Total for both None required None required None required 40' yard abutting lot in linear Min. for either ** ** ** 20'** feet

Depth of rear 20' 20' 20' 20' yard in linear feet

* Other Max. height of 25' 35' 25' 45' provisions principal bldg. in linear feet

Floor area ratio 0.5 3:1 0.5 1:1

* All distances are in lineal feet unless otherwise stated ** When abutting an “R” or “MR” district, a landscaped screen of at least ten feet in depth and expected to reach a height of at least five feet shall be provided (Ord. 887, §§ 2.201, 2.202, passed - -) CHAPTER 156: SUBDIVISIONS

Section

General Provisions

§ 156.01 Title § 156.02 Purpose § 156.03 Jurisdiction § 156.04 Incorporation of figures by reference § 156.05 Disclaimer of liability § 156.06 Definitions

Subdivision Design and Improvements Standards

§ 156.20 Interpretation § 156.21 Suitability for subdivision generally § 156.22 Reference monuments § 156.23 Lot requirements § 156.24 Block requirements § 156.25 Street design standards § 156.26 Street improvement standards § 156.27 Sidewalk requirements/construction standards § 156.28 Street names and street markers § 156.29 Installation of lighting on public ways § 156.30 Electrical power, telephone and cable antenna television lines § 156.31 Water facilities § 156.32 Fire prevention and suppression § 156.33 Fire hydrants § 156.34 Easements § 156.35 Sanitary sewers § 156.36 Drainage and storm sewers § 156.37 Grading, erosion control § 156.38 Reservation for public purposes

Plats and Plans

§ 156.50 Pre-application conference § 156.51 Preliminary plats

163 164 Madison - Land Usage

§ 156.52 Improvement plans § 156.53 Final plats § 156.54 Matters related to recording § 156.55 Minor subdivisions

Assurances for the Completion and Maintenance of Required Improvements

§ 156.65 Assurances generally § 156.66 Completion security § 156.67 Subdivider’s maintenance responsibilities § 156.68 Maintenance security

Administrative Matters and Miscellaneous Provisions

§ 156.80 Administrator’s duties § 156.81 Vacation of plats § 156.82 Subdivision variances § 156.83 Amendments § 156.84 Fees

§ 156.99 Penalty Appendix A: Basic Types of Lots Appendix B: Illustration of a Typical Lot Appendix C: Sight Lines at Comers Appendix D: Horizontal Curves Appendix E: Reverse Curves Appendix F: Typical Street Cross Section Appendix G: Curb and Gutter Appendix H: Inlets Appendix I: Curb Ramps

GENERAL PROVISIONS

§ 156.01 TITLE.

These regulations shall be known and cited as the “Land Subdivision Standards of the City of Madison, Illinois.” (Ord. 1402, passed 2-24-1998) Subdivisions 165

§ 156.02 PURPOSE.

In accordance with state law (ILCS Ch. 65, Act 5, § 11-12-5 and ILCS Ch. 765 Act 205, § 1), these regulations control the subdivision and future development of land in order to assist in achieving the following objectives:

(A) To preserve, protect, and promote the public health, safety, and welfare;

(B) To ensure a pleasant living environment by furthering the orderly layout and use of land;

(D) To conserve and increase the value of land, improvements, and dwellings and other buildings throughout the city;

(E) To preserve the city’s natural beauty and topography to the maximum feasible extent;

(F) To protect against injury or damage caused by fire, pollution, storm water runoff, erosion and sedimentation, and other hazards;

(G) To provide safe and convenient access to new developments and to avoid traffic congestion and unnecessary public expenditures by requiring the proper location, design, and construction of streets;

(H) To ensure the proper installation and maintenance of adequate water mains, sanitary sewers, storm water sewers, and other utilities and services; and

(I) To provide a means for making adequate parks, schools, and other public facilities available to the residents of new developments. (Ord. 1402, passed 2-24-1998)

§ 156.03 JURISDICTION.

These regulations shall be applicable to the subdivision of land within the corporate boundaries of the City of Madison, Illinois. (Ord. 1402, passed 2-24-1998)

§ 156.04 INCORPORATION OF FIGURES BY REFERENCE.

(A) Certain design concepts, improvements standards, and related matters addressed herein, because of their highly technical nature, are exceedingly difficult to express clearly in narrative fashion. 166 Madison - Land Usage

Accordingly, the following illustrations (figures) are hereby incorporated into these regulations by reference:

(1) Figure 1: “Basic Types of Lots” (see § 156.06);

(2) Figure 2: “Illustration of a Typical Lot” (see § 156.06);

(3) Figure 3: “Sight Lines at Corners” (see § 156.25);

(4) Figure 4: “Horizontal Curves” (see § 156.25);

(5) Figure 5: “Reverse Curves” (see § 156.25);

(6) Figure 6: “Typical Street Cross-Sections” (see § 156.26);

(7) Figure 7: “Curb and Gutter” (see § 156.26); and

(8) Figure 8: “Inlets” (see § 156.36).

(B) The requirements indicated in the illustrations shall be as effective and binding as the narrative portions of these regulations. (Ord. 1402, passed 2-24-1998)

§ 156.05 DISCLAIMER OF LIABILITY.

(A) Except as may be provided otherwise by statute or ordinance, no official, Council member, agent, or employee of the city shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his or her duties under these regulations. (See “Local Governmental and Governmental Employees Tort Immunity Act,” ILCS Ch. 745, Act 10, § 1-101, as amended from time to time.)

(B) Any suit brought against any official, Council member, agent, or employee of the city, as a result of any act required or permitted in the discharge of his or her duties under these regulations shall be defended by the city until the final determination of the legal proceedings, to the extent permitted by applicable law. (Ord. 1402, passed 2-24-1998)

§ 156.06 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Subdivisions 167

ADMINISTRATOR. The administrator of these regulations, as designated by the City Council, or his or her duly authorized representative.

ALLEY. A public access way which affords a secondary means of vehicular access to the side or rear of premises that front on a nearby street.

AMENDMENT. A change in the provision of these regulations enacted by the City Council in accordance with state law and the procedures set forth herein.

AREA, GROSS. The entire area within the lot lines of the property proposed for subdivision/development, including any areas to be dedicated/reserved for street and alley rights-of-way and for public uses.

AREA, NET. The entire area within the boundary lines of the tract proposed for subdivision, less the area to be dedicated for street and alley rights-of-way and/or other public purposes.

AREA SERVICE HIGHWAY. Any road which connects and provides direct access to major traffic generators, provides secondary service to small communities, provides access to abutting property, and/or has an estimated Average Daily Traffic (ADT) at full development of the subdivision of greater than 5,000 vehicles.

AS-BUILT. See RECORD DRAWINGS.

CATCH BASIN. See INLET.

CENTERLINE OFFSET. The distance between the centerlines of two roughly parallel streets, measured along the third street with which both the “parallel” streets intersect.

CITY ENGINEER. A licensed professional engineer designated by the City Council to perform specified professional engineering services for the city.

COLLECTOR STREET. A street which carries or is proposed to carry intermediate (ADT 1000-5000) volumes of traffic from local streets to arterial streets or area service highways.

COMMON GROUND. Land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development and may include such complementary structures and improvements as are necessary and appropriate.

CROSS-SLOPE. The degree of inclination measured across a right-of-way rather than in the direction traffic moves on the right-of-way. 168 Madison - Land Usage

CUL-DE-SAC. A short street having only one outlet for vehicular traffic and having the other end permanently terminated by a turnaround for vehicles; the term may also be used to refer solely to the turnaround.

CURB AND GUTTER, INTEGRAL. The rim forming the edge of a street plus the channel for leading off surface water, constructed of poured concrete as a single facility.

DEDICATE. To transfer the ownership of a right-of-way, parcel of land, or improvement to the city or other public entity without compensation.

DENSITY, GROSS. The total number of dwelling units divided by the total project area.

DENSITY, NET. The total number of dwelling units divided by the total amount of residential acreage, not including the area for street and alley rights-of-way or public uses.

DEVELOP. To erect any structure or to install any improvements on a tract of land, or to undertake any activity (such as grading) in preparation therefor.

DISTRICT, ZONING. A portion of the territory of the city wherein certain uniform requirements or various combinations thereof apply to structures, lots, and uses under the terms of the Zoning Ordinance.

DOUBLE FRONTAGE LOT. See LOT, THROUGH.

DRAINAGEWAY. A water course, gully, dry stream, creek, or ditch which naturally carries storm water runoff or which is fed by street or building gutters or by storm water sewers.

EASEMENT. A right to use another person’s property, but only for a limited and specifically- named purpose.

FRONTAGE. The lineal extent of the front (street-side) of a lot.

FRONTAGE ROAD. A minor street roughly paralleling an arterial street or highway, used for access to abutting lots.

GONE ON RECORD. As used herein, the term GONE ON RECORD means officially adopted by the legislative body of a municipality, township, county, state, or other governmental entity; or officially adopted by a department of the state (for example, the Illinois Department of Transportation). Generally, materials which are on record may be found in the Office of the County Recorder of Deeds, but certain other legal materials such as State Regulations or municipal ordinances which cannot be found in the Recorder of Deeds Office shall nonetheless be deemed on record.

GRADE. The degree of inclination of the site or right-of-way, expressed as a percentage. Synonym of “slope.” Subdivisions 169

IMPROVEMENT PLANS. The engineering plans showing types of materials and construction details for the facilities to be installed in, or in conjunction with, a subdivision.

IMPROVEMENTS. Site grading or any street, curb and gutter, sidewalk, drainage ditch, sewer, catch basin, newly planted tree, landscaping, off-street parking area, or other facility necessary for the general use of property owners in a subdivision.

INLET. A receptacle, located where a street gutter opens into a storm water sewer, designed to retain matter that would not readily pass through the sewer and to allow storm water runoff to enter the sewer.

INTERSECTION. The point at which two or more public rights-of-way (generally streets) meet.

LOCAL STREET. A street serving limited (ADT less than 1000) amounts of residential traffic, and used for access to abutting property.

LOT. A designated parcel, tract or area of land established by plat, subdivision or otherwise, permitted by law to be used, developed or built upon as a unit.

LOT AREA. The area of a horizontal plane bounded by the front, side, and rear lines of a lot, exclusive of any area designated for street purposes.

LOT, CORNER. A lot having at least two adjacent sides that abut for their full length upon streets. Both such side lines shall be deemed front lot lines (see Appendix A, Figure 1).

LOT, FLAG. A lot fronting on or abutting a public road and where access to the public road is by narrow, private right-of-way (see Appendix A, Figure 1).

LOT OF RECORD. An area of land designated as a lot on a plat of subdivision recorded with the County Recorder of Deeds in accordance with state law.

LOT, INTERIOR. A lot bounded by a street on only one side; any lot other than a corner lot (see Figure 1).

LOT, REVERSED FRONTAGE. A through lot which is not accessible from one of the parallel or non-intersecting streets upon which it fronts (see Appendix A, Figure 1).

LOT, THROUGH. A lot having a pair of approximately parallel lot lines that abut two approximately parallel streets. Both such lot lines shall be deemed front lot lines. Also known as a double frontage lot (see Appendix A, Figure 1).

MAINTENANCE BOND. A surety bond, posted by the developer and approved by the city, guaranteeing the satisfactory condition of installed improvements for a specified time period following their dedication. 170 Madison - Land Usage

MAPS AND PLATS DEPARTMENT. The Maps and Plats Division of the county.

MARGINAL ACCESS STREET. See FRONTAGE ROAD.

METES AND BOUNDS DESCRIPTION. A description of real property not by reference to a lot or block shown on a recorded subdivision plat, but in terms of a known point and the bearings and distances of the lines forming the boundaries of the property.

OWNER. A person having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under these regulations.

PERCOLATION TEST. A subsurface soil test at a depth of a proposed seepage system or similar component of a sewage disposal system to determine the water absorption capability of the soil.

PERFORMANCE BOND. A surety bond, posted by the developer and approved by the city, guaranteeing the satisfactory installation of required improvements within, or in conjunction with, a subdivision.

PERSON. Any agent, individual, firm, association, partnership, corporation, or similar entity.

PLAT, FINAL. The final survey and engineering maps, drawings, and supporting material indicating the subdivider’s plan of the subdivision which, if approved, may be filed with the County Recorder of Deeds.

PLAT, PRELIMINARY. Preliminary survey and engineering maps, drawings, and supportive material indicating the proposed layout of a subdivision.

PLAT SKETCH. A rough sketch map of a proposed subdivision or site plan of sufficient accuracy to be used for the purpose of discussion and classification.

RECORD DRAWINGS. Complete set of improvement plans modified to reflect changes occurring during construction

RESERVE. To set aside a parcel of land in anticipation of its acquisition by the city (or other government entity) for public purposes.

RESERVE STRIP. A narrow strip of land between a public street and adjacent lots which is designated on a recorded subdivision plat or property deed as land over which vehicular travel is not permitted.

REVERSE CURVE. A curve in a street heading in approximately the opposite direction from the curve immediately preceding it so as to form an S-shape (see Appendix E, Figure 5). Subdivisions 171

RIGHT-OF-WAY, PUBLIC. A strip of land which the owner/subdivider has dedicated to the city or other unit of government for streets, alleys, and other public improvements.

SETBACK LINE. A line that is roughly parallel to the front, side, or rear lot line establishing the minimum space to be provided as the front, side, or rear yard (see Appendix B, Figure 2).

SEWERAGE SYSTEM, PRIVATE CENTRAL. A sewer system including collection and treatment facilities established by the developer to serve a new subdivision in an outlying area.

SIDEWALK. A pedestrian way constructed in compliance with the standards of these regulations, generally abutting or near the curb line of a street.

SOIL AND WATER CONSERVATION DISTRICT. The County Soil and Water Conservation District.

STOP ORDER. An order used by the Administrator to halt work-in-progress that is in violation of these regulations. (Ord. 1402, passed 2-24-1998)

SUBDIVISION DESIGN AND IMPROVEMENTS STANDARDS

§ 156.20 INTERPRETATION.

The design and improvements standards set forth in this subchapter shall be deemed the minimal requirements for public health, safety, and general welfare. Nothing contained in this subchapter shall be construed to mean that the subdivider may not construct additional improvements or improvements of a higher quality. (Ord. 1402, passed 2-24-1998)

§ 156.21 SUITABILITY FOR SUBDIVISION GENERALLY.

Any tract of land that is unsuitable for development due to probable flooding, poor drainage, rough topography, adverse soil conditions, or other conditions which, in the opinion of the City Council will prove harmful to the health, safety, and/or general welfare of the future inhabitants of that tract and/or adjacent parcels shall not be subdivided unless the subdivider formulates plans/methods which the City Council deems adequate to solve the potential problems engendered by the adverse land conditions. (Ord. 1402, passed 2-24-1998) 172 Madison - Land Usage

§ 156.22 REFERENCE MONUMENTS.

Reference monuments shall be set in accordance with “An Act to revise the law in relation to plats,” ILCS Ch. 765, Act 205, § 1, as amended from time to time. All lot corners shall be marked with iron pipes or pins. (Ord. 1402, passed 2-24-1998)

§ 156.23 LOT REQUIREMENTS.

(A) Conformity with zoning. All lots in the subdivision shall conform to the minimum lot area and dimension requirements of the zoning district in which the subdivision is located, except that:

(1) Residential lots which will not be served by both public sanitary sewers and water supply shall be neither less than 200 feet wide nor less than two acres in area.

(2) Depth and width of lots or properties reserved or laid out for commercial, business and industrial purposes shall be adequate to provide for off street service and parking facilities.

(3) Any land which is under water or located within the public right-of-way shall not be counted in the determination of lot area.

(B) Multiple-frontage lots. Generally, the creation of through lots should be avoided where possible. Every lot having multiple frontages (such as corner lots, through lots) shall be large enough to permit compliance with the zoning district’s front setback requirement on every side of the lot abutting a street.

(C) Length/width ratio. The length of any lot shall not be greater than three times the width of the lot, except those lots fronting on a cul-de-sac. The depth of lots fronting on a cul-de-sac should not exceed 500 feet.

(D) Cul-de-sac lot width. The minimum width required for a lot fronting on a circular turnaround may be measured along a line parallel to the street right-of-way line, at a distance from the street right-of-way line equal to the depth of the required front yard.

(E) Lot remnants. All lot remnants shall be added to adjacent lots to avoid the creation of nonconforming lots (see division (A) above).

(F) Relationship of side lot lines to street lines. All side lot lines should be at right angles to straight street right-of-way lines and radial to curved street right-of-way lines except where a deviation from this rule will result in a better street/lot design. Subdivisions 173

(G) Access. Land shall be subdivided in such a way that each lot abuts or has satisfactory access to a street which meets the requirements of § 156.25 and 156.26. Land shall not be subdivided in such a way that any other parcel’s sole means of access to a public road is eliminated.

(H) Satisfactory building sites. The design and arrangement of lots shall be such that each lot will provide a satisfactory building site, properly related to topography.

(I) Natural/historical features. Whenever any tract is to be subdivided, the most restrictive measures consistent with the anticipated development of the tract should be taken to protect such natural features as tree growth, wetlands, steep slopes, watercourses, and the like as well as any historically, architecturally, or archaeologically significant structures/sites.

(J) Lot numbering. Lots shall be numbered consecutively throughout all phases or additions of the subdivision, and the same basic subdivision name shall be given to all parts thereof.

(K) Flag lots. Flag lots are permitted with the special approval of the City Council in order to permit development of backland areas while still maintaining their rural character. Requirements for flag lots are, at a minimum:

(1) Minimum lot area must be at least twice the area requirement in the zone district where located exclusive of the right-of-way connecting the lot with the public road.

(2) Minimum front, side and rear yard requirements must be met on the portion excluding the right-of-way.

(3) A minimum of 20 feet and maximum of 50 feet is required for the right-of-way.

(4) Only one flag lot is permitted for each right-of-way. (Ord. 1402, passed 2-24-1998)

§ 156.24 BLOCK REQUIREMENTS.

(A) On its greatest dimension no block shall be longer than 1,200 feet nor shorter than 500 feet between cross streets.

(B) Subdivisions need not follow rectangular street arrangement. Courts, dead end streets, or other arrangements, may be provided if proper access is given to all lots from a dedicated street or court. Dead end streets shall not exceed 1,000 feet in length. All dead end streets shall terminate in a dedicated cul-de-sac having a minimum radius of 50 feet as measured along the right-of-way line. (Ord. 1402, passed 2-24-1998) 174 Madison - Land Usage

§ 156.25 STREET DESIGN STANDARDS.

(A) Generally. The arrangement, character, extent, width, and locations of all streets within any subdivision shall be properly related to existing and planned streets, to reasonable circulation of traffic, to topographic conditions, to runoff of storm water, to public convenience and safety, and to the proposed uses of the land to be served by such streets.

(B) Specifications. The following minimum specifications apply specifically to residential subdivisions. At the recommendation of the City Engineer, higher standards comporting with accepted engineering practices may be imposed for streets in nonresidential subdivisions.

Residential Subdivision Minimum Specifications Type of street Minimum right-of-way Minimum pavement Maximum/minimum width width grades Alley 20 ft. 18 ft.2 Maximum: 12% Minimum: .35% Marginal access 40 ft. 22 ft.3 Maximum: 12% Minimum: .35% Local street 50 ft. 32 ft.3,4 Maximum: 10% Minimum: .35% Collector 60 ft. 36 ft.3,4 Maximum: 8% Minimum: .35% 1As measured from back to back of curbs. 2No curbs required. 3Curb requirements may be waived by subdivision variance. 4Reduced pavement widths may be allowed by a variance granted by the City Council in accordance with § 156.82 if the subdivider agrees to provide excess off-street parking and/or if the street is very short (less than 500 feet) and highly unlikely to be extended.

(1) The arrangement of streets within the subdivision shall provide for the extension of existing arterial, collector and local streets adjacent to the subdivision. Except for dead end streets, streets normally shall connect with streets already established or provide for future connections to adjoining unsubdivided tracts, or shall be a reasonable projection of streets in the nearest subdivision tracts.

(2) Developers should be encouraged (but not required) to provide dual ingress/egress to the subdivision from exterior roads for emergency vehicle access. Subdivisions 175

(3) When access to a planned subdivision creates a traffic load that in combination with the existing subdivision is greater than 1,000 ADT, the primary access street or streets shall be made to conform to the requirements for collector streets.

(D) Topographical considerations. Grades of streets shall conform as closely as possible to the natural topography, but shall not exceed the maximum grade nor be less than the minimum grade indicated in division (B) above. All streets shall be arranged so that as many as possible of the potential building sites are at or above street grade.

(E) Alignment.

(1) Marginal access and local streets shall be laid out so as to discourage use by through traffic. To effect a more desirable street layout, the use of curvilinear streets, culs-de-sac, or U-shaped streets is encouraged; a rigid rectangular gridiron street pattern should be avoided.

(2) In the arrangement of new subdivision streets, provisions shall be made for the continuation of existing principal streets in adjoining areas, or the proper projection of new streets onto adjoining land where adjoining land is not subdivided.

(3) The minimum distance between streets, roads and lanes and other access rights-of-way, except limited access highways and major streets, shall be 250 feet. The minimum distance shall be measured from the edges of both existing and proposed rights-of-way.

(4) Newly platted streets, roads, lanes or access rights-of-way shall not create any double frontage lots, except as outlined in division (F) below.

(F) Limited access to area service highways. Where a subdivision abuts or contains an existing or proposed area service highway, the subdivider may be required to limit access to the highway by one of the following means:

(1) The subdivision of lots so that they back onto the highway and front onto a parallel marginal access or local street (double frontage lots), coupled with the installation of screening along the rear lot lines of such lots;

(2) A series of culs-de-sac, U-shaped streets, or short loop streets entered from and generally at right angles to the highway, with the rear lot lines of the lots at the termini of such streets backing onto the highway; or

(3) A frontage road separated from the highway by a planting strip, but having access thereto at suitable points.

(4) Screening requirements shall be determined by the City Council. 176 Madison - Land Usage

(G) Dead-end streets.

(1) Temporary stub streets. Streets shall be so arranged as to provide the continuation of collector streets between adjacent properties when such continuation is necessary for adequate traffic circulation, effective fire and police protection, and efficient provision of utilities. If a street must dead-end temporarily because the adjacent property is undeveloped, the right-of-way shall be extended to the property line, and no strip that would prevent connection with future streets shall be reserved. A temporary cul-de-sac shall be provided at the terminus of any temporary dead-end street.

(2) Permanent dead-end streets. The terminus of a permanent dead-end street shall not be closer than 50 feet to the boundary of an adjacent tract. A cul de-sac turnaround, having a minimum right-of-way radius of 50 feet and a minimum pavement radius of 40 feet, shall be provided at the end of every permanent dead-end street.

(H) Alleys. Alleys may be built in single-family residence districts at the subdivider’s option. Alleys may be required in multiple-family districts and in commercial/industrial districts unless other adequate provisions for service access are made. Alleys should not intersect with one another nor change sharply in alignment. Adequate vehicular turnaround space shall be provided at the terminus of any dead-end alley. (See also division (B) above and § 156.26.)

(I) Intersections.

(1) Only two streets. Not more than two streets shall intersect at any one point.

(2) Right angles. Streets shall be laid out so as to intersect as nearly as possible at right angles; in no case shall two streets intersect at an angle of less than 75 degrees. An oblique street shall be curved approaching an intersection and shall be approximately at right angles with the intersection for at least 100 feet therefrom unless the subdivider’s engineer recommends, and the City Engineer concurs, that a lesser distance would be in accordance with safe and accepted traffic engineering practices.

(3) Proper alignment. Proposed new intersections along one side of an existing street shall, wherever practicable, coincide with any existing intersection on the opposite side of such street. Street jogs with centerline offsets of less than 125 feet are prohibited unless the intersected street has divided lanes without median breaks at either intersection.

(4) Rounded corners. Returns at intersections shall be made concentric and shall be rounded by a radius of not less than 25 feet at the right-of-way line.

(5) Flat grade. An area having not greater than 3% slope for a distance of 100 feet from the nearest right-of-way line of the intersecting street shall be provided at the approach to any intersection.

(6) Maximum cross-slope. The cross slope on all streets, including intersections, shall not exceed 3%. Subdivisions 177

(7) Adequate sight-lines. Whenever any proposed intersection involves earth banks or existing vegetation on the triangular area shown in Appendix C, Figure 3, such ground and/or vegetation (including trees) shall be cut in connection with the grading of the public right-of-way to the extent necessary to provide an adequate sight distance.

(8) Distance between intersections. No new street intersection shall be closer than 250 feet to any existing street intersection on the same side of the street.

(J) Horizontal curves. Where a street changes direction (such as where a centerline deflection angle occurs), a circular curve having the minimum centerline radius indicated below shall be introduced. (See Appendix D, Figure 4.)

(1) Local street: 75 feet;

(2) Collector street: 250 feet.

(K) Reverse curves. Where possible, a tangent at least 100 feet long should be introduced between reverse curves on local and collector streets (see Appendix E, Figure 5).

(L) Dedication/reservation of right-of-way.

(1) When right-of-way must be dedicated. (This subsection does not apply to private streets.)

(a) The subdivider shall dedicate at least the minimum right-of-way indicated in division (B) whenever he proposes to build any of the listed streets.

(b) Whenever the subdivider proposes to build any of the listed streets, he shall dedicate right-of-way in excess of the stated minimum where, in the City Engineer’s professional opinion:

1. Due to topography, additional width is necessary to provide adequate sight-lines; or

2. Due to the location of streams, railroad tracks, and the like additional width is needed to construct bridges, underpasses, and/or safe approaches thereto.

(2) When right-of-way must be reserved. The subdivider shall reserve right-of-way in the instances stated below. If the governmental entity requiring the reservation has not purchased such right-of-way or acquired it through condemnation proceedings within one year from the date the final plat is recorded, the reservation shall cease to legally bind the subdivider.

(a) Whenever the state, county, or any township or municipality within the county has gone on record as desiring to relocate or construct any street or highway through or adjacent to any proposed subdivision, the subdivider shall reserve sufficient right-of-way in the locations prescribed by the governmental entity. 178 Madison - Land Usage

(b) Whenever a subdivision abuts an existing street that does not meet the standards set forth in division (B) above, the subdivider shall reserve sufficient right-of-way along the side of the street abutting the subdivision so that, when additional right-of-way is acquired on the other side, it will be possible to comply with the standards.

(3) Right-of-way not part of minimum setback. As noted in § 156.23, any land that is dedicated or reserved for public rights-of-way shall not be counted in determining compliance with the lot size and setback requirements set forth in the Zoning Ordinance.

(M) Private Streets. Hereafter it shall be unlawful to create any private street unless a subdivision variance has been granted. To obtain such a variance, the subdivider must satisfactorily demonstrate that there is virtually no current or potential public interest in the proposed private street. In every case, a variance to permit a private street shall be subject to the following conditions:

(1) Private streets shall be constructed in accordance with the Street Improvement Standards (see § 156.26) of this chapter;

(2) That no additional subdivision shall be developed using such private street as a means of access to a public street;

(3) A private street within a residential subdivision shall not connect to more than one public street;

(4) That the final plat will show the location and width of such private street; and

(5) That the final plat will include a certificate stating essentially as follows:

I, ______, owner of tract ______and the private road or street shown hereon, declare that said private road or street is not dedicated to the public but shall remain private, to be maintained by and for the adjoining lot owners until such time that said street(s) is accepted by the City of Madison, Illinois.

Date: ______Signed:______

(N) Designation of private streets and disclosure.

(1) For any subdivision having private streets and approved after the effective date of these regulations, the subdivider must construct a sign at all entrances to the subdivision, within 50 feet of the entrance, which shall state: PRIVATE STREETS: MAINTAINED BY PROPERTY OWNERS.

(2) These signs shall be installed where they are easily visible to anyone entering the subdivision and maintained in good order by the subdivider until the last lot is sold in the subdivision Subdivisions 179 and by the property owners association thereafter. The minimum size for each sign shall be 12 inches high by 18 inches wide, with three-inch high letters. The contrast between the background and the lettering shall be sufficient to make the sign easily read.

(3) (a) In addition to the signs, disclosure shall be made to each prospective purchaser and purchaser within the subdivision, in substantially the following form: THE STREETS IN THIS SUBDIVISION ARE PRIVATE AND ARE NOT MAINTAINED BY THE CITY OF MADISON. THE OWNERS ARE RESPONSIBLE FOR ALL REPAIRS AND MAINTENANCE OF SAID STREETS.

(b) This disclosure shall be printed on all purchase contracts and the prospective purchaser shall be made aware of this provision. (Ord. 1402, passed 2-24-1998)

§ 156.26 STREET IMPROVEMENT STANDARDS.

(A) Generally. All streets and alleys shall be improved in accordance with the standards of the Illinois Department of Transportation and the requirements of this section. (See Appendix F, Figure 6.)

(B) Pavement.

(1) All alleys, marginal access streets, and local streets in residential subdivisions shall be paved across the entire width stated in § 156.25(B) (as measured from back-to-back of curbs) with a minimum of:

(a) Portland cement concrete pavement not less than six inches in thickness reinforced with pavement fabric; or

(b) Bituminous aggregate material base course not less than five inches thick with a two-inch bituminous concrete Class I surface; or

(c) Crushed stone aggregate base course not less than seven inches thick with a three inch bituminous concrete Class I surface.

(2) On streets with heavier and/or greater amounts of traffic than local streets (such as collector streets or streets in non-residential developments), or where soil conditions are such that strengthened design is indicated, complete engineering design of the proposed pavement shall be provided by the subdivider’s professional engineer in accordance with the standards of the Illinois Department of Transportation, subject to the review and approval of the City Engineer.

(3) “Oil and chip” surfacing is not acceptable.

(C) Curb and gutter. All streets shall be bounded by integral concrete curb and gutters in conformity with the specifications illustrated in Appendix G, Figure 7; provided that the City Council 180 Madison - Land Usage may vary this requirement in accordance with § 156.82 if the subdivider is proposing to build streets with shoulders deemed adequate by the City Engineer:

(D) Responsibility for maintenance. The subdivider shall assume responsibility for maintaining all streets (including the seeding; removal of earth, crushed stone, or other debris from the pavement; curb and gutter; and other drainage facilities) for the time periods indicated in § 156.67; that is, for two years after acceptance of improvements by the appropriate governmental entity. The developer shall be responsible for requesting acceptance from the appropriate governmental entity after he has completed the improvements. (Ord. 1402, passed 2-24-1998)

§ 156.27 SIDEWALK REQUIREMENTS/CONSTRUCTION STANDARDS.

(A) Residential development. Sidewalks shall be required on both sides of the street in all residential developments.

(B) Non-residential development. In all industrial and commercial developments, sidewalks, pedestrian ways, courts or courtyards must be adequate to accommodate expected pedestrian movements. All such plans must be approved by the City Council.

(C) Construction standards. Sidewalks should be built in conformance with the following standards unless other applicable city standards requiring higher quality are in force and are effective relative to sidewalks:

(1) Relationship to curb. The street-side edge of every sidewalk shall either abut the curb or be located at least four feet from the curb to allow sufficient space for tree planting. If the sidewalk abuts the curb, tree wells shall be provided.

(2) Width. Residential sidewalks shall be at least four feet wide. Non-residential sidewalks shall be at least five feet wide.

(3) Thickness of concrete. All sidewalks shall be constructed of concrete at least four inches thick on a compacted subgrade.

(4) Grade. No sidewalk shall be constructed at a grade steeper than 5%. Any part of an accessible route with a slope greater than 5% shall be considered a ramp and shall comply with the Illinois Accessibility Code.

(5) Crosswalks. Crosswalks within the blocks should be improved with a four-foot wide sidewalk from the back of the curb (or the edge of the pavement) to the street side of the main sidewalk (see Appendix I, Figure 9). Subdivisions 181

(D) When constructed. Sidewalks shall be constructed within 24 months of the completion of the streets. (Ord. 1402, passed 2-24-1998)

§ 156.28 STREET NAMES AND STREET MARKERS.

(A) Street names.

(1) Every proposed street which is obviously in alignment with an existing named street shall be given the same name as the existing street.

(2) The name assigned to any proposed street which is not in alignment with an existing named street shall not duplicate nor be phonetically similar to the name of any existing street irrespective of any difference in designation such as “avenue,” “boulevard,” “drive,” “place,” and the like.

(B) Street markers. At the street intersections within or abutting any subdivision, the subdivider shall install street markers in conformity with the following standards:

(1) Embossed steel U. S. Standard Street Name Signs, or the equivalent thereof as determined by the City Engineer, measuring 6 by 24 inches shall be used.

(2) Street name signs shall be mounted on four inch by four inch creosoted wood posts or on two inch diameter galvanized pipes. In either case, the support shall be set in concrete to a depth of three feet below the ground surface and shall extend ten feet above the surface. (Ord. 1402, passed 2-24-1998)

§ 156.29 INSTALLATION OF LIGHTING ON PUBLIC WAYS.

(A) Generally. Any owner, developer, contractor or subdivider shall provide street lights or some other adequate night lighting provision as reviewed by the City Engineer and approved by the City Council.

(B) Street lights. When a public street lighting system is proposed:

(1) The lighting intensity of each street light shall be equivalent, at a minimum, to a 175-watt lamp or a 6800 mercury luminaire lamp.

(2) Each streetlight standard (post) shall be at least 16 feet above ground when placed in the street right-of-way.

(3) Lighting shall be designed and maintained to avoid unnecessary illumination of residence interiors. 182 Madison - Land Usage

(4) Light standards shall not be located within three feet of the street pavement. Where sidewalks are required, street light standards shall be located between the sidewalk and the pavement. Variation to this section may be approved by the City Engineer.

(5) Street lights shall be provided at each intersection of streets within a subdivision and at each cul-de-sac, but in no event shall there be less than one streetlight per 400 feet (or portion thereof) of street frontage between intersections, or between a street intersection and the terminus of a dead-end street.

(6) The developer shall submit to the city a maintenance agreement, a trust indenture, or other similar instrument setting forth the person, corporation, trustees, or other agency responsible for the assessment as well as the collection of monies necessary for the operation and maintenance of the public street lighting system within the subdivision.

(C) Yard lights. Front yard lighting systems shall be permitted in residential subdivisions only. When a front yard lighting system is proposed:

(1) A post-style yard light shall be installed in the front yard of every lot in the subdivision. The front yard light shall be installed when the residence is being constructed.

(2) The lighting intensity of each front yard light shall be equivalent, at a minimum, to a 100- watt lamp.

(3) Each front yard light post shall be at least five feet above ground.

(4) Front yard lights shall be installed in a straight line parallel to and within five feet of the street right-of-way line. Front yard lights shall not be installed within the right-of-way of any public streets.

(5) Front yard lights shall be owned, operated, and maintained by the individual property owners.

(D) Other. The design and installation of other types of night lighting systems proposed by the subdivider shall be reviewed by the City Engineer. (Ord. 1402, passed 2-24-1998)

§ 156.30 ELECTRICAL POWER, TELEPHONE, AND CABLE ANTENNA TELEVISION LINES.

(A) Service lines and connections underground. Electrical power, telephone and CATV (if any) service lines shall be installed underground throughout every residential or commercial subdivision, and underground service connections shall be provided at the property line of every platted lot. Subdivisions 183

(B) Within easements or public rights-of-way. The conduits or cables shall be located within easements or public rights-of-way in such a manner that they do not interfere with other underground services; if the conduits/cables are to be installed in public rights-of-way, the precise location thereof must be approved by the City Engineer. (Ord. 1402, passed 2-24-1998)

§ 156.31 WATER FACILITIES.

(A) All proposed subdivisions shall be served by an adequate public water supply system, private central system or individual water supply system.

(B) A water supply system shall be considered adequate if it meets the requirements of the Illinois Department of Public Health and the applicable building code, and requirements of the subsections below.

(1) Extension of public system. Whenever the public water distribution system is reasonably accessible (that is, when the distance from any boundary of the tract to be subdivided to the nearest public water main with available capacity does not exceed 600 feet), the subdivider shall extend the system throughout the subdivision and provide every platted lot with a connection thereto at the lot line.

(2) Private central systems/individual wells. Whenever the public water distribution system is not reasonably accessible (that is, when the distance from any boundary of the tract to be subdivided to the nearest public water main with available capacity exceeds 600 feet), then in accordance with accepted engineering practices and the regulations of the Illinois Department of Public Health, the subdivider shall provide individual wells or install a private central water system so that an adequate supply of potable water will be available to every lot within the subdivision.

(3) Distribution lines. All water distribution lines, both in new subdivision construction and those that are replacements of existing lines, shall be at least eight inches in diameter, and valves of a make in conformity with those generally used throughout the city should be used. The valves should be so placed that in the event of any single break it will not be necessary to shut-down more than 800 feet of pipe. (Ord. 1402, passed 2-24-1998; Am. Ord. 1574, passed 1-29-2002)

§ 156.32 FIRE PREVENTION AND SUPPRESSION.

All proposed subdivisions should be adequately served by fire suppression facilities A proposed subdivision shall be considered to be adequately served by fire suppression facilities if it will be served at the time of the first occupancy by an adequate water supply system capable of providing fire flow as approved by the Fire Chief of the district having jurisdiction. (Ord. 1402, passed 2-24-1998) 184 Madison - Land Usage

§ 156.33 FIRE HYDRANTS.

(A) When/type required. When a public or private central water distribution system is provided in a subdivision or when existing distribution lines are replaced, the subdivider or party replacing existing lines shall install fire hydrants of the type approved by the Fire Chief of the district having jurisdiction.

(B) Location. The distance from any lot to a fire hydrant, measured along the center line of the public right-of-way, shall not be greater than 500 feet. (Ord. 1402, passed 2-24-1998; Am. Ord. 1574, passed 1-29-2002)

§ 156.34 EASEMENTS.

(A) Sewer and utility easements. Unless utilities are to be installed in public rights-of-way, an easement not less than 15 feet wide shall be provided where necessary for storm and sanitary sewers; gas, water, and other mains; and/or for underground electric and telephone lines. (Normally, in the case of abutting lots, (7½ feet of the easement shall be on one lot and the other 7½ feet shall be on the abutting lot; but in any event the total easement width shall be 15 feet.)

(B) Drainage easements. Adequate easements for storm water drainage shall be established in such locations as may be necessary to provide satisfactory disposal of storm water runoff from streets, alleys, and all other portions of the subdivision. The precise locations and minimum widths of such easements must be approved by the City Engineer.

(C) Obstructions prohibited. No person shall erect any structure, plant any tree or shrub, or place any obstruction in any easement or within any public right-of way, except at the property owner’s risk with respect to all costs for demolition, removal, reconstruction, or replacement thereof. (Ord. 1402, passed 2-24-1998)

§ 156.35 SANITARY SEWERS.

All proposed sanitary sewer facilities shall comply with the regulations of the Illinois Department of Public Health and the Illinois Environmental Protection Agency, and with all pertinent requirements of the subsections below. Sewage collection lines shall not be smaller than eight inches in diameter.

(A) When public system available. Whenever the public sanitary sewer system is reasonably accessible (that is, whenever the distance from any boundary of the subdivision to the nearest public sewer with available capacity does not exceed 600 feet), the subdivider shall extend the public system throughout the subdivision and provide each platted lot with a connection thereto at the lot line.

(B) When public system planned. In areas where the public sanitary sewer system is not reasonably accessible but where plans for the installation of the system have been approved by the Illinois Subdivisions 185

Environmental Protection Agency, the developer shall provide sanitary sewers and lateral service lines in accordance with such plans and temporarily cap them until such time as the public sanitary sewer system becomes available.

(C) Private central sewage system. Except as provided in division (D) below, whenever the public sanitary sewer system is not reasonably accessible, the subdivider shall install a private central sewer system in conformity with all applicable regulations of the county and the Illinois Department of Public Health in effect on the effective date of this chapter or as amended hereafter.

(D) Individual disposal systems. Individual sewage disposal systems, such as septic tanks or aerobic treatment systems, shall be permitted only when the public sanitary sewer system is not reasonably accessible. If permitted, all individual sewage disposal systems shall be designed and installed in conformity with all applicable regulations of the county and the Illinois Department of Public Health in effect on the effective date of this chapter or as amended hereafter. When individual sewage disposal systems are permitted, the Administrator may require that the minimum lot size be increased above usual zoning district requirements as necessary to meet the applicable regulations of the county and the Illinois Department of Public Health. (Ord. 1402, passed 2-24-1998)

§ 156.36 DRAINAGE AND STORM SEWERS.

(A) Generally. Every residential subdivision shall be provided with facilities which can satisfactorily accommodate the runoff incident to the ten-year design storm. The drainage facilities in any commercial or industrial subdivision shall be designed to handle the runoff from the 25-year design storm.

(B) General design considerations.

(1) Underground/surface system. The drainage system may provide for the design storm indicated above by either an underground or surface drainage system or a combination of both. If an underground system is utilized, it shall at least accommodate the ten-year design storm; adequate surface drainage (swales, ditches, and the like) facilities shall be provided to handle the additional flow.

(2) Consistency with plans/regulations. Drainage facilities shall be designed in conformity with any adopted local, regional, or levee/sanitary district plans and/or regulations.

(3) Accommodation of upstream drainage areas. Drainage facilities large enough to accommodate potential runoff from the entire drainage area upstream from the proposed subdivision shall be provided in accordance with the City Engineer’s specifications. Potential runoff shall be determined on the basis of the maximum development of the upstream area that is permitted under the current zoning district regulations. 186 Madison - Land Usage

(4) Effect on downstream areas. The volume and rate of storm water runoff leaving the subdivision shall not damage existing or potential downstream developments or overload existing downstream drainage facilities. Thus, if necessary in the opinion of the City Council and the City Engineer, the subdivider shall install additional storm water drainage improvements in or downstream of his or her subdivision that would alleviate any damages or overload problems.

(C) Technical requirements. Subdivision drainage requirements shall be designed/installed in accordance with the following requirements in such a way that natural drainage is impeded as little as possible during construction.

(1) Pipe.

(a) All pipes shall be sized according to the “rational method,” “United States Geological Survey (USGS) small watershed method,” “United States Department of Agriculture (USDA) soil conservation services method,” or other recognized engineering method.

(b) Crossroad pipe shall meet the requirements of the “Standard Specifications for Road and Bridge Construction” and the “Administrative Policy Manual” of the Bureau of Local Roads and Streets, Illinois Department of Transportation.

(2) Inlets. Inlets shall be installed wherever necessary so that surface water is not carried across any street or intersection, nor for a distance of more than 600 feet in the gutter. Inlets shall be built to the specifications indicated in Appendix H, Figure 8. Other inlet configurations in conformance with IDOT standards are also acceptable.

(3) Storm sewers.

(a) Any storm sewer system shall be separated from and independent of the sanitary sewer system.

(b) Storm sewers shall be built in accordance with current engineering practices; they shall be at least 12 inches in diameter, and an inlet or manhole shall be installed at each change of alignment or grade.

(4) Ditches.

(a) Ditches shall be designed and built to the specifications established by the city unless the City Engineer approves an alternative design.

(b) Adequate measures (seeding, sodding, riprap, paving, and the like) shall be taken to prevent erosion of ditch banks. Subdivisions 187

(c) The natural drainage system shall be used as far as feasible for the storage and flow of runoff, but no existing ditch, stream, drain, slough, retention basin, or drainage channel shall be deepened, widened, filled, or rerouted without the City Engineer’s written permission.

(5) High water table. Whenever special drainage problems resulting from a highwater table are encountered, the subdivider shall take reasonable remedial/compensatory measures in accordance with current engineering practices as determined by the City Engineer. Such measures might include anchoring of water/sewer lines, subsurface drain tiles, added sub-base and/or pavement thickness, and the like. (Ord. 1402, passed 2-24-1998)

§ 156.37 GRADING, EROSION CONTROL.

(A) All grading in streets and alleys shall be done in accordance with Standard Specifications for Road and Bridge Construction adopted by the Illinois Department of Transportation and all revisions thereto.

(B) Other site grading shall comply with the following regulations; provided that the City Council may grant a variance from any or all of the regulations in accordance with § 156.82.

(1) Subgrade. Before grading is started, the entire area shall be cleared of all tree stumps, roots, brush, and other objectionable materials and of all trees not intended for preservation. Subsequently, the subgrade shall be properly shaped, rolled, and uniformly compacted.

(2) Cuts. In cuts, all tree stumps, boulders, and other objectionable materials shall be removed to a depth of at least two feet below the graded surface.

(3) Tree preservation. Existing vegetation, especially trees having a diameter of four inches or more when measured 12 inches above the ground, should be retained and protected to the maximum extent consistent with development of the site.

(4) Erosion control. The design of every subdivision shall be consistent with the natural limitations presented by topography and soil so as to create the least potential for soil erosion. Soil shall be exposed for the shortest feasible period of time. Temporary vegetation or, where appropriate, mulching or other covering shall be used to protect exposed areas.

(5) Sedimentation control. Appropriate devices, such as sediment basins, debris basins, desilting basins, or silt traps, shall be installed and maintained to remove sediment from surface waters leaving the subdivision. (Ord. 1402, passed 2-24-1998) 188 Madison - Land Usage

§ 156.38 RESERVATION FOR PUBLIC PURPOSES.

(A) No land shall be voluntarily dedicated for parks, playgrounds, school grounds or other public grounds unless the public authority which is to assume the use and maintenance of such ground shall signify its willingness to accept the same. No playground, planting strip, or other grounds shall be dedicated on the plat for the exclusive use of the residents in the subdivision, unless adequate provision shall be made for the maintenance thereof.

(B) When a school board, park board, municipality, or the county has gone on record as desiring to purchase a parcel(s) in a proposed subdivision for a school, park, or other public purpose, the owner or subdivider shall reserve the parcel(s) for acquisition by such public entity for a period of 12 months beginning on the date the final plat is recorded. If within this 12-month period, an acquisition price cannot be agreed upon or condemnation proceedings have not been instituted, the owner or subdivider may sell, subdivide, or otherwise dispose of the parcel(s). (Ord. 1402, passed 2-24-1998)

PLATS AND PLANS

§ 156.50 PRE-APPLICATION CONFERENCE.

(A) Before submitting a preliminary plat, the subdivider is encouraged to confer with the Administrator to initiate pre-planning activities and to obtain information and guidance before entering into binding commitments or incurring substantial expense in the preparation of detailed plans, surveys, and other data.

(B) A developer is encouraged to submit a sketch plan at this time which should include the following information:

(1) The location of the tract in relation to the surrounding area.

(2) The approximate location of all existing structures within the tract proposed to be retained and wooded areas within the tract and within 200 feet thereof.

(3) The names of the owners of all property adjoining the tract as disclosed by the most recent Assessor’s record.

(4) All existing streets, roads, wet and dry weather water courses, wetlands, wooded areas and other significant physical features within the tract and within 500 feet thereof.

(5) Approximate location of proposed streets and property lines. Subdivisions 189

(6) Proposed street names.

(7) A rough sketch of the proposed site plan, showing lots and blocks with numbers, utility easements, storm and sanitary sewers, drainage courses and water mains.

(8) A north arrow and graphic scale.

(9) Contour lines, if practical. (Ord. 1402, passed 2-24-1998)

§ 156.51 PRELIMINARY PLATS.

Every person who proposes to subdivide any land within the city’s subdivision jurisdiction shall comply with the procedural and substantive provisions of the subsections below; provided that the requirements shall not be applicable to minor subdivisions as defined in § 156.06 or land that is specifically exempted from such requirements by the Plats Act, Illinois Revised Statutes, Chapter 109, Section 1 et seq., as amended from time to time.

(A) Information required.

(1) The developer shall submit to the Administrator such number of copies of the preliminary plat as shall be required. The preliminary plat shall be submitted after receipt of comments on the sketch plan if a sketch plan was submitted.

(2) Every preliminary plat shall be prepared by a land surveyor or professional engineer registered in Illinois. The preliminary plat should be drawn to a scale of not more than 100 feet to 1 inch. If the plat is shown on two or more sheets, an index shall be provided on each sheet. The preliminary plat, together with the supporting data, shall provide all the following information:

(a) On the plat itself:

1. A small key map showing roads, adjoining subdivisions, towns, creeks, railroads and other data sufficient to locate the proposed subdivision and show its relation to the community;

2. Name of the proposed subdivision;

3. Names and boundaries of adjoining subdivisions or owners of record of adjoining tracts which, if not subdivided, shall be marked “not subdivided.” For the purposes of this subsection, “adjoining” includes property separated from the property to be subdivided by a street.

4. North arrow, graphic scale, date and contour interval; 190 Madison - Land Usage

5. Names and addresses of the owner, subdivider, and engineer or registered land surveyor who prepared the plat;

6. A statement to the effect that “this plat is not for record”;

7. Locations and lengths of the boundaries of the tract to be subdivided;

8. Zoning district classification(s) of the proposed subdivision and adjoining land (if more than one zoning district is involved, the dividing lines must be shown);

9. Names of water district, sewer district or any other special district in which the tract is located;

10. Topography of the tract to be subdivided as indicated by two-foot contour data for land having slopes between 0% and 4%, five-foot contour data for land having slopes between 4% and 12%, and ten-foot contour data for land having slopes of 12% or more;

11. Locations, elevations, and direction of flow of major watercourses, natural drainageways, and ponding areas;

12. Location of building setback lines;

13. Locations and dimensions of all existing and proposed lots within the subdivision, with an identifying number for each lot;

14. Locations, right-of-way widths and names of all existing and proposed streets and alleys;

15. Locations, widths, and purposes of all existing and proposed easements and other public ways;

16. Locations, sizes, grades, and invert elevations of all existing sanitary sewers, storm sewers, water mains, drains, culverts, and the like on the tract to be subdivided and on adjoining tracts if the facilities are to be used or extended;

17. In the case of subdivisions wherein individual sewage disposal systems are proposed, locations of all percolation tests;

18. Locations and types of all other existing and proposed utilities;

19. Locations and dimensions of all parcels (if any) to be reserved for schools, parks, playgrounds, or other public/semi-public purposes;

20. Locations of all mined out areas; Subdivisions 191

21. If it is planned to develop the subdivision as shown on the tentative map in phases, then the proposed phases and their sequence of construction should be shown on the preliminary plat. Approval of a phased development is contingent upon the construction process not adversely affecting existing phases; and

22. Such other information as may be required by the City Council and such other information as was required in the sketch subdivision plat.

(b) Separate submission items:

1. Area in square feet of every proposed lot;

2. Ground water levels ascertained by borings and from recorded ground water levels;

3. In the case of a resubdivision, a copy of the existing plat;

4. Where individual sewage disposal systems are proposed, the results of soil percolation tests.

(c) Plat not accepted: The preliminary plat will not be accepted for review unless it complies with the requirements of this section.

(B) Filing and transmittal.

(1) The subdivider shall file ten copies of the preliminary plat and supporting information with the Administrator. The Administrator shall retain two copies at the City Hall and forward one copy to each of the following:

(a) City Council;

(b) Mayor;

(d) County Soil and Water Conservation District;

(e) Street Superintendent;

(f) Metro East Sanitary District;

(g) Police Department; and

(h) Fire Department. 192 Madison - Land Usage

(2) Comments regarding the preliminary plat must be filed with the Administrator within 30 days after receipt. If written comments are not filed within 30 days, the City Council will assume that there are no objections to the proposed preliminary plat.

(3) Filing fee required; see § 156.84.

(C) Zoning related matters. The subdivider shall verify with the Administrator to determine whether the proposed subdivision is located within the zoning district stated in the submitted information and whether the subdivision complies with all applicable provisions of the Zoning Ordinance. If the proposed subdivision cannot be built without a rezoning, special use permit, or variance, the subdivider shall either first secure necessary “zoning action” or apply for same at the time he submits the preliminary plat. In the latter case, preliminary plat approval shall be conditional until the rezoning, special use permit, or zoning variance has been granted.

(D) Review and action by the City Council. The City Council shall review the preliminary plat and, after consultation with the Adminstrator and other technically qualified persons as necessary, shall either approve (with or without conditions/modifications) or disapprove the plat within 60 days from the date it was submitted to the Administrator or the date the last item of supporting information was filed, whichever occurred later, unless the subdivider and the City Council mutually agree to extend this time limit. The City Council shall state its reasons for its action (including the nature of any conditions/modifications) in writing, and attach the written statement to the preliminary plat. One copy of the plat and attached statement shall be returned to the Administrator and filed, and one copy shall be returned promptly to the subdivider by first class mail. IMPORTANT: Approval of the preliminary plat by the City Council does not qualify a preliminary plat for recording.

(E) Effect of preliminary plat approval. Preliminary plat approval shall confer upon the subdivider the following rights and privileges:

(1) That the preliminary plat approval will remain effective for a period of two years. During this period the subdivider may submit all or part(s) of the preliminary plat for final approval. In the event that the subdivision is being developed in phases, the applicant may, by written permission of the City Council, postpone submission of the final plat of the last phase of the proposed subdivision for not more than ten years from the date of preliminary plat approval.

(2) That the general terms and conditions under which the preliminary plat approval was granted will not be changed prior to or during the final plat review process.

(3) That the subdivider may proceed with any detailed improvement plans for all required facilities. Actual construction of such improvements may commence prior to final plat approval, however, only if the detailed improvement plans have been approved by the City Engineer. (Ord. 1402, passed 2-24-1998) Subdivisions 193

§ 156.52 IMPROVEMENT PLANS.

(A) Generally.

(1) After the City Council has approved the preliminary plat, but prior to the submission of the final plat, the subdivider shall file with the Administrator:

(a) Three copies of the plans, specifications, and supporting data for all improvements to be installed in or in conjunction with the proposed subdivision; and

(b) Two copies of the approved preliminary plat and related information.

(2) The Administrator shall retain one copy and promptly forward one copy of each of the listed documents (such as, the plans, the approved preliminary plat, and all supporting information related to either) to the City Engineer and one copy to the Street Superintendent.

(B) Information required. All improvement plans (black or blue line prints) and supporting data shall be prepared, and signed and sealed, by the subdivider’s registered professional engineer. The plans and/or the supporting data shall provide all of the information listed below. (NOTE: All dimensions shall be to the nearest one-hundredth (.01) of a foot and all angles shall be to the nearest second.)

(1) Title page, with a key map showing the relationship of the subdivision to the surrounding area including portions of the subdivision previously developed plus adjacent streets;

(2) Title block showing names and address of subdivider and engineering firm, as well as the engineer’s seal;

(3) North arrow, graphic scale and date;

(4) List of the standards and specifications followed, citing volume, section, page, or other reference;

(5) One or more bench marks, in or near, the subdivision, to which the subdivision is referenced (elevation based on mean sea level datum);

(6) Existing and proposed survey monuments, iron pipes or pins;

(7) Proposed finished grades at the same contour intervals as required for the preliminary plat;

(8) Plans, profiles, and cross sections of streets showing names, right-of-way and pavement widths, elevations, paving details, grades, curbs and gutters, catch basins, sidewalks and any other improvements to be constructed within or in conjunction with the street right-of-way; 194 Madison - Land Usage

(9) Plan of any water supply system showing locations, pipe sizes, pump stations (size, capacity and type), hydrant and valve locations;

(10) Percolation test data and locations of test holes if no public sewer system is available or proposed;

(11) Plan of sewage disposal system showing pipe locations, sizes, force mains, invert elevations, slopes, manhole locations, lift stations (size, capacity and type) and points of discharge:

(a) If area is subject to flooding, any additional floodproofing measures (such as anchoring, special pipe, ground water information, and the like) shall be shown.

(b) If a private sewage treatment system is proposed, all information required by the Illinois Environmental Protection Agency, or any other governmental agency with jurisdiction, shall be submitted with the improvement plans (such as treatment proposed, size, type, capacity, locations, outfall points, and the like);

(12) Plan of storm water drainage system including watershed outlines with drainage computations, locations of storm sewers, culverts, drainage channels, swales, slopes, pipe sizes, invert elevations, underground drains, outlet locations, and velocity reduction techniques;

(13) Proposed fill or other structure-elevating techniques, levees, channel modifications, and other methods to overcome any flood hazards;

(12) Any proposed structural or non-structural measures to prevent soil erosion and control sedimentation;

(13) List of all improvements to be dedicated to the city; and

(14) Cost estimates of all improvements to be dedicated to the city.

(C) Review of improvement plans. The Administrator, the City Engineer, and the Street Superintendent shall review the subdivider’s improvement plans. Subsequently, but not later than 30 days after the improvement plans were submitted to the Administrator, the City Engineer shall prepare a written report stating whether he approves, conditionally approves, or disapproves such plans, and the reasons for this decision.

(D) Transmittal of Engineer’s report. The City Engineer shall submit four copies of his or her report to the Administrator. The Administrator shall:

(1) File one copy at the City Hall;

(2) Forward one copy to the City Council; Subdivisions 195

(3) Forward one copy to the Street Superintendent; and

(4) Send one copy by first class mail to the subdivider.

(E) Effect of Engineer’s decision.

(1) APPROVAL means that the subdivider may submit the final plat for approval and may proceed with construction of improvements based on such approval.

(2) CONDITIONAL APPROVAL means that the subdivider must submit three copies of properly corrected improvement plans to the Administrator who, in turn, shall retain one copy and forward one copy to the City Engineer and one copy to the Street Superintendent. Once such corrected plans are submitted and approved, the subdivider may submit the final plat for approval and may proceed with construction of improvements based on such approval.

(3) DISAPPROVAL means that the subdivider must rework and resubmit his or her improvement plans as if they were a completely new set of plans. Until he does so, the City Council shall not review his or her final plat, and construction of improvements shall not commence.

(4) If the improvement plans do not substantially coincide with the approved preliminary plat, then at the subdivider’s option a new preliminary plat must be submitted in accordance with § 156.51 or the improvement plans must be revised.

(F) Inspection of improvements.

(1) While under construction.

(a) All materials and each part or detail of the work shall be subject at all times to inspection by the City Engineer, or his or her authorized representative, and the subdivider shall be held strictly to the true intent of the specifications in regard to quality of materials, workmanship and the diligent execution of the improvement. The City Engineer or his or her representative shall be allowed access to all parts of the work, and shall be furnished with such information and assistance by the subdivider as is required to make a complete and detailed inspection and written report to the Administrator.

(b) Construction inspections shall be made when required by the building and other ordinances of the city relating to construction, before any work has been done for which an inspection is required, and after 48-hours notice to the City Engineer.

(c) All work which has been rejected or condemned shall be remedied or removed and replaced in an acceptable manner by the subdivider at his or her own expense. Upon the failure on the part of the subdivider to comply with any order of the Administrator made under the provisions of this chapter, the Administrator shall, after giving written notice to the subdivider, have the authority to cause detective work to be remedied and charged to the account of the subdivider. 196 Madison - Land Usage

(d) It is the intent of this chapter that first-class materials shall be used throughout the work, and that they shall be incorporated in such manner as to produce completed construction which is workmanlike and acceptable in every detail.

(e) Insofar as practical and applicable, all items of construction specified in this chapter shall be in accordance with the Standard Specifications for Road and Bridge Construction adopted by the Illinois Department of Transportation and all revisions thereto. Where such Standard Specifications do not apply, appropriate specifications shall be prepared for the subdivider by his or her registered professional engineer and reviewed by the City Engineer.

(2) When completed. The subdivider shall notify the Administrator, in writing, that all work is completed and final inspection is requested. Final inspection shall be made by the Administrator and the City Engineer, or their duly authorized representatives, accompanied by the subdivider and/or his or her engineer. When the final inspection shows the various items of construction to be completed in a satisfactory and workmanlike manner and substantially in accordance with the plans and specifications, the City Engineer shall so report to the Administrator, in writing, and recommend that the subdivision and its physical facilities be accepted by the city. Any items found to be deficient during the inspection shall be pointed out to the subdivider, and final acceptance shall be withheld pending correction of the deficiency.

(3) Filing of “Record Drawings.” Upon the completion of approved improvements, the subdivider shall file with the Administrator a set of reproducible cloth or polyester base film positive and three blue or black-line copies showing the as constructed details and any deviations from the approved plans. The Administrator shall retain the original and one copy in the City Hall and forward one copy to each of the following:

(a) City Engineer;

(b) Street Superintendent.

(G) Inspection fee required. See § 156.84. (Ord. 1402, passed 2-24-1998)

§ 156.53 FINAL PLATS.

Every person who proposes to subdivide any land within the city’s subdivision jurisdiction shall comply with the procedural and substantive provisions of the divisions below; provided, that the requirements shall not be applicable to land that is specifically exempted from such requirements by the Plats Act, Illinois Revised Statutes, Chapter 109, Section 1 et seq., as amended from time to time.

(A) Technical requirements.

(1) Every final plat shall be prepared by a professional land surveyor registered in Illinois. Subdivisions 197

(2) The final plat may include all or only a part of the project area portrayed on the approved preliminary plat. (See § 156.51(E))

(3) The final plat shall be drawn on a mylar-based material, or other material of comparable durability, with black or blue ink, at a scale of not more than 100 feet to one inch, where practical, provided that the resulting drawing does not exceed 24 inches by 36 inches. If two or more sheets are used, an index shall be provided on each sheet.

(4) All dimensions shall be shown in feet and decimals of a foot; all angles shall be shown to the nearest second.

(B) Information required. The final plat, together with the supporting data, shall provide all the following information:

(1) Small key map showing the proposed subdivision in relation to section or U. S. Survey lines and also showing the location of any municipal corporate limits situated within 1½ miles of the subdivision;

(2) Name of the proposed subdivision;

(3) North arrow, graphic scale, and date;

(4) Names and addresses of the owner, subdivider, and professional land surveyor who prepared the plat;

(5) Reference to recorded subdivision plats within 300 feet to the proposed subdivision by record name, plat book, and page number;

(6) Accurate locations and names of all existing streets intersecting the boundaries of the subdivision;

(7) Lot lines with accurate dimensions, angles, or bearings and curve data including radii, arcs or chords, points of tangency, central angles; numbers of each lot; and setback lines and dimensions; and in a separate list, the area of each lot;

(8) Street and other public right-of-way lines with accurate dimensions, angles, or bearings and curve data, including radii, arcs or chords, points of tangency, and central angles;

(9) Street names, rights-of-way widths, and other pertinent data;

(10) Locations, dimensions, and purposes of any previously recorded or newly created easements; 198 Madison - Land Usage

(11) Accurate metes and bounds description or other adequate legal description of the tract to be platted;

(12) Accurate boundary lines of the tract with dimensions and bearings and angles which provide a survey of the tract, closing with an error of closure of not more than 1 foot in 10,000 feet;

(13) Location of monuments, iron pipes or pins;

(14) Locations and purposes of any sites, other than private lots, which are dedicated or reserved; and

(15) Restrictions of all types which will run with the land and become covenants in the deeds for lots.

(1) Owners Certificate.

We, ( name ) being the Owners of part of (Section or U. S. Survey) described as (Description) have caused said tract to be surveyed and subdivided in the manner shown, and said subdivision is to be hereinafter known as (______). The streets shown hereon are hereby dedicated to the use of the public forever including the release and waiver of the night of homestead under the Homestead Exemption Laws of the State of Illinois.

In Witness Whereof, we have set our hands and seals this _____ day of ______, 20______.

______(Seal)

(2) Notary Public’s Certificate.

State of Illinois ) )ss. County of ______)

I,______a Notary Public in and for______County, hereby certify that (owners) are personally known to me to be the same persons whose names are subscribed to the foregoing instrument, and that they appeared before me this day in person and acknowledged that they signed and sealed the same as their free and voluntary act for the uses and purposes therein set forth, including the release and wavier of the right of homestead. Subdivisions 199

Given under my hand and Notarial Seal this ______day of ______, 20______.

______Notary Public

(3) Surveyor’s Certificate.

I,______a registered Illinois Land Surveyor, hereby certify that this plat is a correct representation of a survey made under my direct supervision at the request of ______for the purpose of subdividing a tract of land in the (give quarter section, township and range), ______County, Illinois, into lots as shown. The land is located in the City of Madison, Illinois.

______Illinois Land Surveyor ______Registration Number ______Date

(4) County Clerk’s Certification.

I, ______, County Clerk of ______County, Illinois, hereby certify that I find no unpaid or forfeited taxes against any of the real estate included within this plat.

______County Clerk ______Date

(5) City Council’s Certificate.

I, ______, Mayor of the City of Madison, hereby certify that this final plat meets all requirements of the City of Madison’s Subdivision Ordinance, and was approved by the City Council on ______, 20______.

Attest:______City Clerk Mayor ______Date Date 200 Madison - Land Usage

(6) Mined-Out Areas Certificate.

I, ______, hereby certify that I have, at the request of the Owners, reviewed the Mined-Out Coal Area Maps, as available from the Illinois State Geological Survey in Urbana, Illinois, and hereby indicate that the subdivided property shown hereon (is/is not) within a mined-out area. ______Illinois Land Surveyor ______Registration Number ______Date

(7) Flood Hazard Area Certificate.

I, ______, hereby certify to the best of my knowledge and belief, that (no) part of the subdivision shown hereon is located within a special flood hazard area, as identified by the Federal Emergency Management Agency, and shown on the Flood Insurance Rate Map, Panel Number ______dated ______, as Zone ______.

______Illinois Land Surveyor ______Registration Number ______Date

(D) Filing and transmittal.

(1) The subdivider shall file one reproducible original and ten copies of the final plat with the Administrator. The Administrator shall retain the original and three copies in the City Hall and forward one copy to each of the following:

(a) City Council;

(b) Mayor;

(d) Street Superintendent;

(e) Metro East Sanitary District; Subdivisions 201

(f) Police Department; and

(g) Fire Department.

(2) Comment regarding the final plat must be filed with the Administrator within 30 days after receipt. If written comments are not filed within 30 days, the City Council will assume that there are no objections to the proposed final plat.

(3) Filing fee required; see § 156.84.

(E) Review and action by the City Council.

(1) The City Council shall review the final plat and, after consultation with the Administrator and other technically qualified persons as necessary, shall either approve or disapprove the plat by resolution within 60 days from the date it was submitted to the Administrator or the date the last item of supporting information was filed, whichever occurred later, unless the subdivider and the City Council mutually agree to extend this time limit. The City Council shall not approve any final plat unless:

(a) The final plat substantially conforms to the approved preliminary plat; and

(b) The final plat manifests substantial compliance with the design and improvement standards of this chapter; and

(c) To the City Council’s knowledge and belief, the final plat complies with all pertinent requirements of state law; and

(d) One of the following conditions has been met:

1. All required improvements have been completed, inspected, approved and dedicated, and the subdivider has posted adequate security to guarantee the satisfactory condition of all completed public improvements for the time period stated in § 156.67(A) (see § 156.65(A)); or,

2. The subdivider has posted adequate security to guarantee:

a. The satisfactory completion of all required improvements, and

b. The satisfactory condition of all public improvements for the time period stated in § 156.67(A) (see § 156.65(B)).

(2) If the City Council disapproves the final plat, its resolution shall specify the aspects to which the final plat fails to meet the above conditions for approval. 202 Madison - Land Usage

(3) If the City Council is satisfied with the final plat and with all proposed improvements, conditions, and documents, including the performance bond, if required, pertaining to the subdivision platted thereon, the City Council shall, by resolution, approve the final plat and authorize the proper officials of the city to sign the final plat for and in the name of the city. The approval shall be attested by the City Clerk and the corporate seal placed thereon.

(4) The City Clerk shall attach a certified copy of the City Council’s resolution of approval or disapproval to the final plat. One copy of the resolution and final plat shall be returned to the Administrator and filed, and one copy of the resolution and the reproducible original of the final plat shall be sent by certified mail to the subdivider.

(F) Changes in approved final plats. Once a final plat is approved by the City Council, it shall not thereafter be modified; provided, however, that minor changes may be approved by the City Council upon written application to the Administrator. Major changes require the filing of a new final plat and complete re-review. (Ord. 1402, passed 2-24-1998)

§ 156.54 MATTERS RELATED TO RECORDING.

(A) Generally. The subdivider shall file his or her final plat with the County Recorder of Deeds not later than 60 days after the City Council has approved the plat. Two copies of the recorded document shall be filed by the subdivider with the City Clerk within 20 days after the final plat has been properly recorded.

(B) Unlawful to record unapproved plats. The County Recorder of Deeds shall not record the final plat of any subdivision located within the city’s subdivision jurisdiction until the City Council has passed a resolution approving the plat.

(C) Unlawful to convey lots without recorded plat. As set forth in “An Act to revise the law in relation to plats,” it shall be unlawful for any person to sell, offer for sale, or lease for a period exceeding five years, any lot in a subdivision unless the final plat thereof is recorded in the office of the County Recorder of Deeds.

(D) Unlawful to record illegally conveyed lots. The County Recorder of Deeds shall not record any deed or lease involving a lot in a subdivision unless the final plat of the subdivision has been approved by the City Council and properly recorded.

(E) Unlawful to build on illegally conveyed lots. The Administrator shall not issue a building permit for any lot conveyed in violation of this chapter.

(F) Note. See Illinois Revised Statutes, Chapter 109 (ILCS Ch. 765, Act 205). (Ord. 1402, passed 2-24-1998) Subdivisions 203

§ 156.55 MINOR SUBDIVISIONS.

(A) The Administrator, at his or her discretion, may waive the requirements for submission of all other plans except the final plat for all minor subdivisions. For a subdivision to be considered minor, it must meet the requirements identified in § 156.06.

(B) The following procedures must be met for all proposed minor subdivisions:

(1) The Administrator may waive without a variance request the requirement of submission of all other plans except the final plat. The final plat of a minor subdivision shall comply with the procedural and substantive provisions of § 156.53. In such cases, pertinent data required by the Administrator to adequately review the proposed subdivision shall be submitted to the Administrator.

(2) If the requirement for submission of all other plans except the final plat has not been waived, the applicant shall prepare and submit all data required for a preliminary and final plat as identified in this chapter. (Ord. 1402, passed 2-24-1998)

ASSURANCES FOR THE COMPLETION AND MAINTENANCE OF REQUIRED IMPROVEMENTS

§ 156.65 ASSURANCES GENERALLY.

The City Council shall not approve any final plat of subdivision, and hence, the final plat shall not be entitled to recording, until, with respect to all completed improvements, all the requirements of division (A) below have been met and, with respect to uncompleted improvements, all the requirements of division (B) have been met.

(A) Completed improvements.

(1) All completed improvements have been inspected and approved by the City Engineer; and

(2) All completed public improvements have been dedicated to the city or other appropriate governmental entity; and

(3) The subdivider has posted adequate security with the city to guarantee the satisfactory condition of all completed public improvements for the time period stated in § 156.67(A). 204 Madison - Land Usage

(B) Uncompleted improvements.

(1) In accordance with § 156.66, the subdivider has posted adequate security to guarantee the satisfactory completion of all improvements shown on the approved improvements plans; and

(2) The subdivider has provided sufficient information to show how all improvements which are intended to remain in private ownership will be perpetually maintained; and

(3) The subdivider has posted adequate security with the city to guarantee the satisfactory condition of all public improvements for the time period stated in § 156.67(A). (Ord. 1402, passed 2-24-1998)

§ 156.66 COMPLETION SECURITY.

(A) Security. Security to guarantee the satisfactory completion of subdivision improvements shall meet the following requirements:

(1) Form. Security may be in the form of cash deposit, a performance bond, a letter of credit from a bank approved of and insured by the Federal Deposit Insurance Corporation (F.D.I.C.) (or any successor agency thereto), or an escrow or impound account in a bank approved of and insured by the F.D.I.C. All security shall be in a form satisfactory to the City Attorney. The City Attorney, Administrator, or City Council shall have the right to reject any form of security he or it believes would be inadequate (for any reason) to guarantee the completion of all uncompleted improvements.

(2) Amount. The aggregate amount of all security shall be equal to the total estimated cost of completing all the uncompleted improvements. The amount of a particular “item of security” (such as a particular cash deposit, bond, escrow account, and the like) shall equal the estimated cost of completing the improvements covered by such security. The cost estimates shall be made by the subdivider’s professional engineer, but must be approved by the City Engineer.

(3) Posted with whom. Security for improvements which are to be dedicated to the city shall be posted with the City Clerk. Security for improvements to be dedicated to some other governmental entity shall be posted with the official designated by that other entity.

(4) Term. The initial term of security for any subdivision improvement within the city’s subdivision jurisdiction shall not exceed two years. If any improvement which is to be dedicated to the city has not been completed by the end of the two-year period, the Administrator, with the advice and consent of the City Council may either extend the security for successive one-year periods, or may proceed as per division (D) below.

(B) Sureties. There shall be a surety for every performance bond posted as security. No person shall be eligible to act as a surety unless he has been approved by the City Council. Any surety who Subdivisions 205 improperly fails to perform within 90 days after written notice from the City Council shall be ineligible for two years thereafter to act as surety for any subdivision improvement within the city’s jurisdiction.

(1) The City Clerk may release up to 90% of the amount of security from time to time upon written authorization from the City Council. The amount which the City Council authorizes to be released shall be equal to the value (as determined by the subdivider’s professional engineer and approved by the City Engineer) of the completed improvement(s) covered by such security.

(2) Ten percent of the amount of eve security posted with the city shall be retained until:

(a) The City Engineer has certified to the Administrator in writing that all public improvements have been satisfactorily completed; and

(b) All public improvements have been dedicated to the city or other appropriate governmental entity; and

(D) Failure to complete improvements. If a secured improvement has not been completed at the expiration of the term of the security (two years, or longer if extension(s) has been granted), the Administrator, with the consent of the City Council and the assistance of the City Attorney, may:

(1) Require the subdivider to submit new security in an amount sufficient to cover any increase in the cost of constructing the improvements) in question; or

(2) Require the surety or financial institution to pay to the city an amount equal to the cost of completing the required improvement(s) or the amount of the security not theretofore released, whichever is less. (Ord. 1402, passed 2-24-1998)

§ 156.67 SUBDIVIDER’S MAINTENANCE RESPONSIBILITIES.

(A) PUBLIC IMPROVEMENTS. Those improvements which are so designated on the approved improvement plans. The subdivider shall adequately maintain all public improvements until they have been dedicated to the city or other appropriate governmental entity. Following dedication, the city or other governmental entity shall assume normal maintenance duties. However, if any maintenance problem due to improper construction occurs within two years after acceptance of the improvements then, in accordance with § 156.68, the subdivider’s maintenance security shall be used to correct the problem. 206 Madison - Land Usage

(B) PRIVATE IMPROVEMENT. The subdivider shall maintain all improvements not designated “public” on the approved improvements plan until such time when arrangements for their perpetual maintenance are made in accordance with all applicable regulations of the Illinois Department of Public Health, Illinois Commerce Commission, and Illinois Environmental Protection Agency. (Ord. 1402, passed 2-24-1998)

§ 156.68 MAINTENANCE SECURITY.

(A) Generally. To ensure the satisfactory condition of public improvements for the time period indicated in § 156.67 (that is, two years after acceptance), the subdivider shall post adequate security with the city or other unit of government to which the improvements are to be dedicated.

(B) Form. Security may be in the form of a cash deposit, a performance bond, a letter of credit from a bank approved of and insured by the Federal Deposit Insurance Corporation (F.D.I.C.) (or any successor agency thereto), or an escrow or impound account in a bank approved of and insured by the F.D.I.C. All security shall be in a form satisfactory to the City Attorney. The City Attorney, Administrator, or City Council shall have the right to reject any form of security he or it believes would be inadequate (for any reason) to guarantee the satisfactory maintenance of all the improvements in question for the required time period (see § 156.67).

(C) Amount. All security shall be in the amount of not less than $10,000 or 25% of the estimated cost of constructing all public improvements, whichever is greater. The cost estimates shall be made by the subdivider’s professional engineer, but must be approved by the City Engineer.

(D) Defective improvements. If at any time during the required time period the improvements are found by inspection to be defective, they shall be repaired/replaced at the subdivider’s expense to the satisfaction of the City Engineer or other appropriate official. If the subdivider falls to pay such costs within 90 days after demand is made upon him by the city or other governmental entity, the security shall be used to make the required repairs/replacement. If the cost of the repairs/replacement exceeds the amount of security, the subdivider shall be liable for the excess cost. (Ord. 1402, passed 2-24-1998)

ADMINISTRATIVE MATTERS AND MISCELLANEOUS PROVISIONS

§ 156.80 ADMINISTRATOR’S DUTIES.

The Administrator is hereby authorized and directed to administer these regulations in the manner prescribed by the City Council. This broad responsibility encompasses, but is not limited to the following specific duties: Subdivisions 207

(A) To forward preliminary and final plats to the City Engineer and the City Council;

(B) To transmit improvement plans to the City Engineer for review;

(C) To cause stop orders to be issued for five days when he is notified that improvements are being constructed in violation of these regulations. The City Council shall review the stop order within that five-day period to determine whether or not the order should be maintained;

(D) When so directed by the City Council, to pursue actions authorized at § 156.66(D) when a subdivider fails to complete required improvements;

(E) To forward requests for minor changes in approved final plats to the City Engineer and City Council;

(F) To forward applications for subdivision variances to the City Engineer and City Council;

(G) To maintain up-to-date records of matters pertaining to this ordinance including, but not limited to, preliminary plats, as-built records of completed improvements (see § 156.52(F)), final plats, and variances ;

(H) To determine, after submittal of a sketch plat and supporting materials, if a proposed subdivision can be considered a minor subdivision;

(I) To provide information to subdividers and the general public on matters related to these regulations. (Ord. 1402, passed 2-24-1998)

§ 156.81 VACATION OF PLATS.

(A) Generally. Any plat or part thereof may be vacated by the owner of the tract of land in accordance with “An Act to revise the law in relation to plats,” Illinois Revised Statutes, Chapter 109, Section 1 et seq. (ILCS Ch. 765, Act 205, § 1), as amended from time to time.

(B) Approvals required. No instrument of plat vacation shall be effective until it has been approved by:

(1) The City Council; and

(2) An authorized official or agent of any utility involved; and

(3) The District Engineer of the Illinois Department of Transportation if any state highway or access to a state highway is involved. 208 Madison - Land Usage

(C) When lots have been sold. If any lots in the subdivision have been sold, the instrument of plat vacation shall not be effective unless it is also signed by all the owners of such lots.

(D) Vacation of part of plat. Any part of a plat may be vacated in a manner provided for in this section and subject to the conditions therein presented, provided such vacation shall not abridge or destroy any of the rights or privileges of other proprietors in such plat, and provided further that nothing contained in this section shall authorize the closing or obstructing of any public highway laid out according to law. (Ord. 1402, passed 2-24-1998)

§ 156.82 SUBDIVISION VARIANCES.

(A) Generally. Any subdivider desiring a variance from the requirements of these regulations shall file a written application therefor with the Administrator at the same time that he files his or her preliminary plat. The application shall specify the variance requested, fully explain the grounds therefor, and state the section hereof which, if strictly applied, would cause great practical difficulties or hardship. The Administrator shall promptly forward the variance application to the City Engineer and City Council for review.

(B) Variance review by the City Council. The City Council shall review the variance application concurrently with the preliminary plat, and at the same meeting at which they take action on the preliminary plat, they shall decide on the basis of the standards set forth in division (C) whether to grant—with or without modifications—or to deny the requested variance. A copy of the City Council’s decision, clearly stating their reasons therefor and exact terms of any variance granted, shall be attached to the preliminary and final plats.

(C) Standards for variances. The City Council shall not grant any subdivision variance unless, considering the conditions to be attached to the variance (if any), they determine that:

(1) The proposed variance is consistent with the general purposes of these regulations (see § 156.02); and

(2) Strict application of the requirements in §§ 156.20—156.38 or elsewhere would result in great practical difficulties or hardship to the applicant, not merely in added expense or inconvenience; and

(3) The proposed variance is the minimum deviation from such requirements that will alleviate the difficulty/hardship; and

(4) The plight of the applicant is due to peculiar circumstances not of his or her own making; and Subdivisions 209

(5) The peculiar circumstances engendering the variance request are not generally applicable to other tracts and, therefore, that a variance would be a more appropriate remedy than an amendment (see § 156.83). (Ord. 1402, passed 2-24-1998)

§ 156.83 AMENDMENTS.

These regulations may be amended or repealed by simple majority vote of the City Council, but only after there has been a public hearing on the matter conducted by the City Council. (Ord. 1402, passed 2-24-1998)

§ 156.84 FEES.

The subdivider shall pay the fees listed below to the Administrator at the time he or she submits the last item of required information pertaining to the plat/plan in question. The Administrator shall promptly cause such fees to be deposited in the city’s general corporate fund.

(A) Preliminary Plat: $100 plus $20/Lot;

(B) Improvement Plans: $200 plus $30/Lot;

(D) Final Plat: $100 plus $10/Lot;

(E) Minor Subdivision: $250. (Ord. 1402, passed 2-24-1998)

§ 156.99 PENALTY.

(A) Sale of lots without a recorded plat. Any person who sells, offers for sale, or leases for any period exceeding five years any lot, block, or part thereof before the plat of subdivision therefor has been properly recorded in accordance with “An Act to revise the law in relation to plats” shall be guilty of a petty offense and may be fined $750 per lot, block, or part thereof so sold, offered for sale, or leased (See Ill. Rev. Stats., Ch. 109, § 5) (ILCS Ch. 765, Act 205, § 5).

(B) Destruction of monuments. Any unauthorized person who knowingly damages, destroys, or removes a stake, pin, monument, or other survey marker shall be guilty of a petty offense and may be fined $750. (See Ill. Rev. Stats., Ch. 109, § 10.1) (ILCS Ch. 765, Act 205, § 11). 210 Madison - Land Usage

(C) Other violations. Any person who is convicted of any violation of these regulations not listed in divisions (A) or (B) of this section may be fined not more than $750. (See Ill. Rev. Stats., Ch. 24, § 1-2-1) (ILCS Ch. 65, Act 5, § 1-2-1).

(D) Stated penalties not exclusive. Nothing stated in the above divisions of this section shall prevent the city from taking any other lawful action to prevent or punish violations of these regulations, including, but not limited to, injunctive relief, from a court of competent jurisdiction. (Ord. 1402, passed 2-24-1998) CHAPTER 157: POLLUTION CONTROL FACILITY SITE APPROVAL

Section

157.01 Definitions 157.02 Application 157.03 City review 157.04 Public hearing 157.05 Public comment 157.06 Record 157.07 Site approval decision 157.08 Administration of fees and costs 157.09 Waiver of rules

§ 157.01 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. In addition, all other words used in this chapter shall have the same definitions and meanings as found in the Act.

ACT. The Environmental Protection Act, ILCS Ch. 415, Act 5, § 1 et seq. (formerly Ill. Rev. Stat. Ch. 111-1/2, Section 1001 et seq.), as amended.

AGENCY. The Illinois Environmental Protection Agency.

APPLICANT. Any person, firm or partnership, association, corporation, company, local government, joint action agency, or organization of any kind who files with the city a request for a new pollution control facility site approval pursuant to the Act.

BOARD. The Illinois Pollution Control Board.

CITY. The City of Madison, Illinois.

GOVERNING BODY OF THE MUNICIPALITY or GOVERNING BODY OF THE CITY. The Mayor and City Council of the City of Madison, Illinois.

HAZARDOUS WASTE DISPOSAL SITE. A site at which hazardous waste is disposed. HAZARDOUS WASTE is waste as defined in the Act.

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HEARING OFFICER. The attorney, licensed in the State of Illinois, appointed by the Mayor and City Council, whose function is to attend and conduct public hearings on requests for a new pollution control facility site approval and to make factual findings and recommendations regarding said requests to the Mayor and City Council.

POLLUTION CONTROL FACILITY. Any waste storage site, sanitary landfill, waste disposal site, waste transfer station, waste treatment facility, or waste incinerator. This includes sewers, sewage treatment plants, and any other facilities owned or operated by sanitary districts organized under the Metropolitan Water Reclamation District Act (ILCS Ch. 70, Act 2605, § 1 et seq.). The following are not pollution control facilities:

(1) Waste storage sites regulated under 40 CFR, Part 761.42;

(2) Sites or facilities used by any person conducting a waste storage, waste treatment, waste disposal, waste transfer or waste incineration operation, or a combination thereof, for wastes generated by such person’s own activities, when such wastes are stored, treated, disposed of, transferred or incinerated within the site or facility owned, controlled or operated by such person, or when such wastes are transported within or between sites or facilities owned, controlled or operated by such person;

(3) Sites or facilities at which the state is performing removal or remedial action pursuant to ILCS Ch. 415, Act 5, § 22.2 or ILCS Ch. 415, Act 5, § 55.3;

(4) Abandoned quarries used solely for the disposal of concrete, earth materials, gravel, or aggregate debris resulting from road construction activities conducted by a unit of government or construction activities due to the construction and installation of underground pipes, lines, conduit or wires off of the premises of a public utility company which are conducted by a public utility;

(5) Sites or facilities used by any person to specifically conduct a landscape composting operation;

(6) Regional facilities as defined in the Central Midwest Interstate Low-Level Radioactive Waste Compact (ILCS Ch. 45, Act 140, § 0.01 et seq.);

(7) The portion of a site or facility where coal combustion wastes are stored or disposed of in accordance with ILCS Ch. 415, Act 5, § 21(r)(2) or (r)(3);

(8) The portion of a site or facility used for the collection, storage or processing of waste tires as defined in Title XIV;

(9) The portion of a site or facility used for treatment of petroleum contaminated materials by application onto or incorporation into the soil surface and any portion of that site or facility used for storage of petroleum contaminated materials before treatment. Only those categories of petroleum listed in Section 57.9(a)(3) are exempt under this subdivision (9);

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(10) The portion of a site or facility where used oil is collected or stored prior to shipment to a recycling or energy recovery facility, provided that the used oil is generated by households or commercial establishments, and the site or facility is a recycling center or a business where oil or gasoline is sold at retail;

(11) The portion of a site or facility utilizing coal combustion waste for stabilization and treatment of only waste generated on that site or facility when used in connection with response actions pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9601 et seq.), the federal Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6901 et seq.), or the Illinois Environmental Protection Act (ILCS Ch. 415, Act 5, § 1 et seq.) or as authorized by the Agency;

(12) The portion of a site or facility accepting exclusively general construction or demolition debris, located in a county with a population over 700,000 as of January 1, 2000, and operated and located in accordance with ILCS Ch. 415, Act 5, § 22.38;

(13) The portion of a site or facility, located within a unit of local government that has enacted local zoning requirements, used to accept, separate, and process uncontaminated broken concrete, with or without protruding metal bars, provided that the uncontaminated broken concrete and metal bars are not speculatively accumulated, are at the site or facility no longer than one year after their acceptance, and are returned to the economic mainstream in the form of raw materials or products; and

(14) The portion of a site or facility located in a county with a population over 3,000,000 that has obtained local siting approval under ILCS Ch. 415, Act 5, § 39.2 for a municipal waste incinerator on or before July 1, 2005 and that is used for a nonhazardous waste transfer station.

NEW POLLUTION CONTROL FACILITY.

(1) A pollution control facility initially permitted for development or construction after July 1, 1981;

(2) The area of expansion beyond the boundary of a currently permitted pollution control facility; or

(3) A permitted pollution control facility requesting approval to store, dispose of, transfer or incinerate, for the first time, any special or hazardous waste.

SITE. The location of a new pollution control facility site. (Ord. 1670, passed 6-13-2006)

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§ 157.02 APPLICATION.

The terms and conditions of this chapter shall apply to any request for a site approval application filed prior to or subsequent to its effective date. (Ord. 1670, passed 6-13-2006)

§ 157.03 CITY REVIEW.

(A) Upon receipt of a copy of a request for site approval, the City Clerk shall notify the following city officials of such receipt:

(1) Mayor and City Council;

(2) City Attorney;

(3) Fire Chief; and

(4) Police Chief.

(B) The aforementioned officials and chiefs may attend the public hearings and may ask such questions as are needed to assist each of them in reaching their recommendations and/or decisions.

(C) The aforementioned chiefs are authorized to prepare and submit reports and recommendations in response to the request for site approval.

(D) The aforementioned chiefs and consultants retained by the city, if any, are authorized to present testimony at the public hearing as hereinafter described. (Ord. 1670, passed 6-13-2006)

§ 157.04 PUBLIC HEARING.

(A) No sooner than 90 days but no longer than 120 days from the date of filing of a request for site approval with the City Clerk, a public hearing shall be held by a Hearing Officer.

(B) The governing body of the city shall designate a Hearing Officer for the public hearing.

(C) The governing body of the city shall determine the date, time and location when such public hearing shall be held, but in any event the initial public hearing must be scheduled no sooner than 90 days but no later than 120 days from the date the request for site approval was filed with the City Clerk.

(D) The City Clerk shall cause notice of such public hearing to be made as required by ILCS Ch. 415, Act 5, § 39.2(d), including but not limited to the following:

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(1) Notice of the public hearing shall be published twice in the Granite City Journal/Press Record with the first publication being not less than 14 days prior to the date of the public hearing. Said notice shall contain the date, time and place of the public hearing in addition to the location where the application is available for inspection and copying; and

(2) Notice to all members of the Illinois General Assembly from the district in which the proposed site is located; to the governing authority of every municipality contiguous to the proposed site or contiguous to the city, such as but not limited to the County of Madison, County of St. Clair, City of Granite City, City of Venice, City of East St. Louis, City of National City, Village of Pontoon, Village of Brooklyn, Village of Fairmont City, Venice Township, Granite City Township, Chouteau Township, Nameoki Township, Canteen Township, and East St. Louis Township; and to the Illinois Environmental Protection Agency by certified mail, not less than 15 days prior to the date of the public hearing.

(E) The Hearing Officer shall preside over the public hearing and shall made any decisions concerning the admission of evidence and the manner in which the hearing is conducted subject to terms and provisions of this chapter and the Act. The Hearing Officer shall make all decisions and rulings in accordance with § 40.01 of the Act and fundamental fairness. The Hearing Officer may exclude irrelevant, immaterial, incompetent or unduly repetitious testimony or other evidence. No ruling of the Hearing Officer shall be appealable to the governing body of the city.

(F) The applicant for site location approval shall have the burden of going forward with evidence of the suitability of the site location for the proposed use.

(G) The rules and procedures for such public hearing and the making of any decision pursuant thereto shall be as follows:

RULE 1: All reports, studies, exhibits or other evidence or copies thereof, other than testimony, which any applicant or participant who desires to submit for the record at the public hearing must be filed with the City Clerk at least five days before the public hearing and shall be available for public inspection in the office of the City Clerk.

RULE 2: The applicant and any participant shall submit a written list of proposed witnesses to the Hearing Officer at least five days prior to the commencement of the public hearing. Said witness list shall state the name, address and occupation of said witnesses and shall contain a summary of the subject matter and substance of the testimony of the witness.

RULE 3: Any applicant or participant may appear in person or be represented by an attorney. Any attorney must file a written appearance prior to the hearing and indicate thereon all participants represented. Any group or organization that desires to be a participant shall appoint a spokesperson to act on its behalf and must file a written appearance prior to the hearing.

RULE 4: The Hearing Officer is authorized to act and conduct the public hearing on behalf of the governing body of the city.

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RULE 5: All exhibits shall be marked and identified for inclusions in the record but the weight of credibility and relevancy given to same shall be determined by the Hearing Officer and the governing body of the city.

RULE 6: The schedule of the public hearing and submission of evidence shall be as follows:

First: Testimony and cross-questioning of applicant witnesses. After each witness testifies, an opportunity for cross-questioning of that witness will be provided. Cross-questioning is governed by Rule 10.

Second: Testimony and cross-questioning of other participants in support of application. After each witness testifies, an opportunity for cross-questioning of that witness will be provided. Cross-questioning is governed by Rule 10.

Third: Testimony and cross-questioning of participants in opposition to the application. After each witness testifies, an opportunity for cross-questioning of that witness will be provided. Cross-questioning is governed by Rule 10.

Fourth: Inclusion in the record of written comments received prior to or at the time of the public hearing.

Fifth: Rebuttal by the applicant to any presentations, comments, or statements in opposition to the subject application.

Sixth: Adjournment, recess or continuance of the public hearing.

RULE 7: The Hearing Officer may recess or continue the public hearing as is deemed appropriate in his or her discretion.

RULE 8: The Hearing Officer and the governing body of the city shall consider any written comment received or postmarked not later than 30 days after the adjournment of the public hearing. All such written comments should be addressed to the Hearing Officer through the City Clerk, City of Madison, 1529 Third Street, Madison, Illinois 62060.

RULE 9: The governing body of the city, or any of them, may be present during the public hearing and may submit questions to the Hearing Officer for cross-questioning of any witness as provided in Rule 10. The governing body of the city will review the complete record of the public hearing, including all exhibits, documents, and written comments thereto, before making any final decision on the application.

RULE 10: Any participant, or their attorneys, may conduct cross-examination of witnesses. Any cross-examination shall be relevant to the testimony of any witness and non-duplicative of other cross-examination questions. Cross-examination of witnesses shall be permitted only during that period of time immediately following each witness’ testimony.

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RULE 11: A record of the proceedings and evidence submitted in the public hearing shall be made by a certified court reporter.

RULE 12: The decision of the governing body of the city will be in writing and specify the reasons therefor, such reasons to be in conformity with ILCS Ch. 415, Act 5, § 39.2(a). A copy of the final decision will be made available without charge at the Office of the City Clerk.

RULE 13: These rules shall be interpreted liberally by the Hearing Officer and by the governing body of the city for the purpose of determining the suitability of the site proposed for such new pollution control facility only in accordance with the criteria stated in ILCS Ch. 415, Act 5, § 39.2(a) and only for the purpose of considering the approval or denial of the subject application. The Hearing Officer shall have the power to vary these rules and deviate therefrom when deemed necessary by him or her in order to conduct the public hearing consistent with fundamental fairness. (Ord. 1670, passed 6-13-2006)

§ 157.05 PUBLIC COMMENT.

(A) Any person may file written comment with the City Clerk (on behalf of the Hearing Officer) concerning the appropriateness of the proposed site for its intended purpose. The City Clerk shall accept and the Hearing Officer shall consider any comment received or postmarked not later than 30 days after the date of the last public hearing. In the event that the 30th day falls on a Sunday or a federal holiday, the next day on which mail is delivered shall be considered the 30th day for purposes of this section.

(B) Copies of such written comments shall be made available for public inspection in the offices of the City Clerk, and members of the public shall be allowed to obtain a copy of any written comment upon payment of actual cost of reproduction.

(C) Any such written comment received by the City Clerk shall be made part of the record of the public hearing as hereinafter described and the Hearing Officer shall consider any such timely written comments in making his or her report and recommendation concerning said request to the governing body of the city. (Ord. 1670, passed 6-13-2006)

§ 157.06 RECORD.

The City Clerk shall be responsible for keeping the record of said public hearing and certifying all copies of same. (Ord. 1670, passed 6-13-2006)

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§ 157.07 SITE APPROVAL DECISION.

(A) After the public hearing and any continuation thereof, the Hearing Officer shall make written findings of fact and a recommendation concerning the site approval request. Any findings of fact and recommendation shall be supported by the record and shall be presented to the governing body of the city within 45 days of the conclusion of the public hearing.

(B) The governing body of the city may consider as evidence the previous operating experience and past record of convictions or admissions of violations of the applicant and any subsidiary, parent corporation, or subsidiary of the parent corporation in the field of solid waste management.

(C) The governing body of the city shall consider the record from the public hearing and the findings of fact and recommendations of the Hearing Officer and shall make a determination concerning a site approval request within 180 days from the date of the City Clerk’s receipt of the site approval request.

(D) No determination by the governing body of the city of a site approval request may be reconsidered. (Ord. 1670, passed 6-13-2006)

§ 157.08 ADMINISTRATION OF FEES AND COSTS.

(A) All expenses incurred by the city in conducting the review of the request for site approval, the subsequent hearing, the site approval decision, and any appeal thereof shall be paid and/or reimbursed to the city by the applicant as provided in this chapter.

(B) Upon termination of any proceedings under the hearing process, a final accounting and summary of all authorized expenditures and reimbursements shall be presented to the governing body of the city by the Comptroller.

(D) In order to properly administer the payment and/or reimbursement of any and all costs or expenses incurred with respect to the hearing process and procedure set forth herein, the City Comptroller is hereby authorized and directed to make demand for same as they are or are about to be incurred and to receive and hold the funds for same subject to the review and approval for disbursement of same by the governing body of the city.

(E) In order to expedite payment of all bills incurred as a result of administering the hearing process, all bills and questions concerning billing should be directed to the City Comptroller. (Ord. 1670, passed 6-13-2006)

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§ 157.09 WAIVER OF RULES.

In order to insure fundamental fairness, compliance with the Act, and to protect the public interest, the governing body of the city may waive any of the above rules by majority vote. (Ord. 1670, passed 6-13-2006)

2006 S-4 238 Madison - Land Usage CHAPTER 158: CANNABIS

Section

General Provisions

158.01 Scope 158.02 Interpretation of chapter 158.03 Definitions 158.04 Principal use standards 158.05 Underage person; prohibition 158.06 Purchase or acceptance of cannabis by underage person; identification cards; warnings 158.07 Liability for permitting underage persons to possess or consume cannabis

Use Restrictions and Licensing

158.20 Consumption at or in a cannabis dispensary 158.21 Consumption in parking lot adjacent to cannabis dispensary 158.22 Use restrictions 158.23 Lighting 158.24 Giving away of cannabis 158.25 License required 158.26 Term 158.27 Number of licenses 158.28 Application 158.29 Restrictions on issuance 158.30 Existing parking/loading facilities 158.31 Fees 158.32 Nature of license; transfer; expiration 158.33 Renewal of license 158.34 Change of location of business 158.35 Display 158.36 Hearing fees

158.99 Penalty

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GENERAL PROVISIONS

§ 158.01 SCOPE.

This chapter shall apply to medical cannabis dispensing organizations, medical cannabis cultivation centers, adult-use cannabis craft growers, adult-use cannabis dispensing organizations, adult-use cannabis cultivation centers, adult-use cannabis infusing centers, adult-use cannabis processing organizations, or adult-use cannabis transporting organizations within the city. (Ord. 1842, passed 2-4-2020)

§ 158.02 INTERPRETATION OF CHAPTER.

This chapter shall be liberally construed to the end that the health, safety, general welfare, and economic welfare of the residents of the city shall be protected, and temperance in the use and consumption of cannabis shall be fostered and promoted. (Ord. 1842, passed 2-4-2020)

§ 158.03 DEFINITIONS.

(A) All cannabis uses found within the city are defined in this section. Certain uses are defined to be inclusive of many uses. When a use meets a specific definition, it is regulated as such and is not regulated as part of a more inclusive use category.

(B) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ADULT-USE CANNABIS BUSINESS ESTABLISHMENT. An adult-use cannabis cultivation center, craft grower, processing organization, infuser organization, dispensing organization or transporting organization.

ADULT-USE CANNABIS CULTIVATION CENTER. A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time to time, and regulations promulgated thereunder.

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ADULT-USE CANNABIS INFUSER ORGANIZATION or INFUSER. A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product, per the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time to time, and regulations promulgated thereunder.

ADULT-USE CANNABIS PROCESSING ORGANIZATION or PROCESSOR. A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product, per the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time to time, and regulations promulgated thereunder.

APPLICANT. Any person, partnership, corporation, limited liability company, or any recognized legal entity that applies for a cannabis license as set forth in this chapter.

CANNABIS. Any form or variety of cannabis as defined by the Cannabis Regulation and Tax Act and for purposes of this chapter shall include all forms of cannabis, including cannabis contained within edible products.

CANNABIS COMMISSIONER. The individual with the authority to oversee and implement the provisions of this chapter, including the awarding of licenses. The Cannabis Commissioner shall be the Mayor, or his or her designee.

UNDERAGE PERSON. Any person less than 21 years of age. (Ord. 1842, passed 2-4-2020)

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§ 158.04 PRINCIPAL USE STANDARDS.

Where applicable, principal uses are required to comply with all use standards of this section, whether a permitted or special use, in addition to all other regulations of this chapter.

(A) Medical cannabis dispensing organization.

(1) In accordance with state law, medical cannabis dispensing organizations must comply with the required spacing and location requirements. Any subsequent amendment to state law that is more restrictive than this standard will control.

(a) A licensed medical marijuana cannabis dispensary may not be located within 1,000 feet of a pre-existing educational facility (primary or secondary) and/or day care center.

(b) A licensed medical marijuana cannabis dispensary may not be located within 500 feet of any place of worship, amusement facility, or park/playground.

(c) A licensed medical marijuana cannabis dispensary may not be located within a residential dwelling or within a residential district.

(2) An operation plan must be submitted, which includes the security measures to be provided, the days and hours of operation, and a site plan that describes exterior lighting and parking capacity. The following components of the medical cannabis dispensing organization shall be provided to and approved by the appropriate city departments prior to the issuance of a certificate of occupancy:

(a) Proposed structure in which the facility will be located, including co-tenancy (if in a multi-tenant building), total square footage, and building code compliance.

(b) Security installations/security plan approved by the Chief of Police or his or her designee.

(c) An operation plan must be submitted which includes the days and hours of operation, a delivery plan, a sign plan, and a site plan that describes access points and internal site circulation, exterior lighting, and parking capacity.

(B) Medical cannabis cultivation center.

(1) In accordance with state law, medical cannabis dispensing organizations must comply with the required facility design and spacing requirements. Any subsequent amendment to state law that is more restrictive than this standard will control.

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(a) A licensed medical cannabis cultivation center must be located within an enclosed, locked FACILITY, defined as a room, greenhouse, building, or other enclosed area equipped with locks or other security devices that permit access only by a cultivation center's agents or a dispensing organization's agent working for the registered cultivation center or the registered dispensing organization to cultivate, store, and distribute cannabis for registered qualifying patients.

(b) A licensed medical cannabis cultivation center may not be located within 2,500 1,500 feet of a pre-existing educational facility (primary or secondary), day care center, day care home, a residential district, place of worship, amusement facility, or park/playground.

(2) An operation plan must be submitted, which includes the security measures to be provided, the days and hours of operation, and a site plan that describes exterior lighting and parking capacity. The following components of a medical cannabis cultivation center shall be provided to and approved by the appropriate city departments prior to the issuance of a certificate of occupancy:

(a) Proposed structure in which the facility will be located, including co-tenancy (if in a multi-tenant building), total square footage, and building code compliance.

(b) Security installations/security plan approved by the Chief of Police or his or her designee.

(1) Purpose and applicability. It is the intent and purpose of this division (C) to provide regulations regarding the cultivation, processing and dispensing of adult-use cannabis occurring within the corporate and unincorporated limits of the city. Such facilities shall comply with all regulations provided in the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time to time, and regulations promulgated thereunder, and the regulations provided below. In the event that the Act is amended, the more restrictive of the state or local regulations shall apply.

(2) Adult-use cannabis facility components. The following components of the adult use cannabis facility must be provided to and approved by the appropriate city departments prior to the issuance of a certificate of occupancy:

(a) Proposed structure in which the facility will be located, including co-tenancy (if in a multi-tenant building), total square footage, and building code compliance.

(b) Security installations/security plan approved by the Chief of Police or his or her designee.

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(d) Compliance with all requirements provided in divisions (C)(5) through (C)(9) below, as applicable.

(e) Compliance with all requirements of the State Cannabis Regulation and Tax Act.

(3) Adult-use cannabis craft grower. In those zoning districts in which an adult-use cannabis craft grower may be located, the proposed facility must comply with the following:

(a) A facility may not be located within 1,000 feet of a pre-existing educational facility (primary or secondary) and/or daycare center.

(b) A facility may not be located within 500 feet of any place of worship or park/playground.

(d) A facility may only be allowed within the city.

(e) Facility may not conduct any sales or distribution of cannabis other than as authorized by the Cannabis Regulation and Tax Act.

(f) Petitioner shall file an affidavit (provided by the city) with the city affirming compliance with the city’s regulations regarding adult-use cannabis facility components, adult-use cannabis craft growers, and all other requirements of the Cannabis Regulation and Tax Act.

(4) Adult-use cannabis dispensing organization. In those zoning districts in which an adult-use cannabis dispensing organization may be located, the proposed facility must comply with the following:

(a) A facility may not be located within 1,000 feet of a pre-existing educational facility (primary or secondary) and/or day care center.

(b) A facility may not be located within 500 feet of any place of worship or park/playground.

(d) A facility may only be allowed within the city.

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(e) At least 75% of the floor area of any tenant space occupied by a dispensing organization shall be devoted to the activities of the dispensing organization as authorized by the Cannabis Regulation and Tax Act, and no dispensing organization shall also sell food for consumption on the premises.

(f) Facility may not conduct any sales or distribution of cannabis other than as authorized by the Cannabis Regulation and Tax Act.

(g) Petitioner shall file an affidavit (provided by the city) with the city affirming compliance with the city’s regulations regarding adult-use cannabis facility components, adult-use cannabis dispensing organizations, and all other requirements of the Cannabis Regulation and Tax Act.

(5) Adult-use cannabis cultivation center. In those zoning districts in which an adult use cannabis cultivation center may be located, the proposed facility must comply with the following:

(a) Facility may not be located within 1,500 feet of a pre-existing educational facility (primary or secondary), day care center, day care home, a residential district, place of worship, or park/playground.

(b) Facility may not conduct any sales or distribution of cannabis other than as authorized by the Cannabis Regulation and Tax Act.

(c) Petitioner shall file an affidavit (provided by the city) with the city affirming compliance with the city’s regulations regarding adult-use facility components, adult-use cannabis cultivation centers, and all other requirements of the Cannabis Regulation and Tax Act.

(6) Adult-use cannabis infuser organization. In those zoning districts in which an adult use cannabis infuser organization may be located, the proposed facility must comply with the following:

(b) At least 75% of the floor area of any tenant space occupied by an infusing organization shall be devoted to the activities of the infusing organization as authorized by the Cannabis Regulation and Tax Act. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

(c) Petitioner shall file an affidavit (provided by the city) with the city affirming compliance with the city’s regulations regarding adult-use cannabis facility components, adult-use cannabis infuser organizations, and all other requirements of the Cannabis Regulation and Tax Act.

(7) Adult-use cannabis processing organization. In those zoning districts in which an adult-use cannabis processing organization may be located, the proposed facility must comply with the following:

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(b) At least 75% of the floor area of any tenant space occupied by a processing organization shall be devoted to the activities of the processing organization as authorized by the Cannabis Regulation and Tax Act. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

(c) Petitioner shall file an affidavit (provided by the city) with the city affirming compliance with the city’s regulations regarding adult-use cannabis facility components, adult-use cannabis processing organizations, and all other requirements of the Cannabis Regulation and Tax Act.

(8) Adult-use cannabis transporting organization. In those zoning districts in which an adult-use transporting organization may be located, the proposed facility must comply with the following:

(b) The transporting organization shall be the sole use of the tenant space in which it is located. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Cannabis Regulation and Tax Act.

(c) Petitioner shall file an affidavit (provided by the city) with the city affirming compliance with the city’s regulations regarding adult-use cannabis facility components, adult-use cannabis transporting organizations, and all other requirements of the Cannabis Regulation and Tax Act.

(9) Additional requirements. Petitioner shall install building enhancements, such as security cameras, lighting or other improvements to ensure the safety of employees and customers of the adult-use cannabis business establishments, as well as its environs.

(10) Co-location of cannabis business establishments. The city may approve the co-location of an adult-use cannabis dispensing organization with an adult-use cannabis craft grower center or an adult-use cannabis infuser organization, or both, in an area properly zoned for said uses, subject to the provisions of the Cannabis Regulation and Tax Act and the criteria within this Code of Ordinances. In a co-location, the floor space requirements of divisions (C)(4)(e) and (C)(7)(b) shall not apply, but the co-located establishments shall be the sole use of the tenant space. (Ord. 1842, passed 2-4-2020) Penalty, see § 158.99

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§ 158.05 UNDERAGE PERSON; PROHIBITION.

(A) Prohibited. No licensee, or any officer, associate, member, representative, agent or employee of such licensee, shall sell, give or deliver cannabis to an underage person. No person, after purchasing or otherwise obtaining cannabis, shall sell, give or deliver the cannabis product to an underage person.

(B) Underage person not allowed. No licensee, or any officer, associate, member, representative, agent or employee of such licensee, shall permit an underage person to be or remain on or in any portion of a licensed premises.

(C) Unlawful consumption, purchase or possession. No underage person shall consume, purchase, smoke or have in his or her possession, cannabis, except for prescribed medical use, with proper documentation. It shall be unlawful for any parent or guardian to permit an underage person, of which he or she may be the parent or guardian, to violate any of the provisions of this chapter and shall not provide cannabis to their children or in loco parentis except for prescribed medicinal use. (Ord. 1842, passed 2-4-2020) Penalty, see § 158.99

§ 158.06 PURCHASE OR ACCEPTANCE OF CANNABIS BY UNDERAGE PERSON; IDENTIFICATION CARDS; WARNINGS.

(A) Prohibited gift or delivery. No underage person shall accept a gift or delivery of cannabis.

(B) Photo identification. If a licensee, or any officer, associate, member, representative, agent or employee of such licensee, believes or has reason to believe that a sale or delivery of cannabis is prohibited because of the insufficient age of the prospective purchaser, he or she shall, before making such sale or delivery, demand presentation of adequate written evidence of identity, including, but not limited to, a photograph, and of the fact that the purchaser or recipient is over the age of 21 years (referred to herein as "identification card"), issued by a federal, state, county, or municipal government or subdivision or agency thereof, including, but not limited to, a motor vehicle operations license or identification card issued to a member of the Armed Services.

(C) No sale. If a licensee, or any officer, associate, member, representative, agent or employee of such licensee, believes or has reason to believe that the ultimate recipient of cannabis to be purchased is of insufficient age or is using a forged or false identification card, he or she shall not make the sale.

(D) Forged or false identification. No person shall transfer, alter or deface an identification card; use the identification card of another; carry or use a false or forged identification card; or obtain an identification card by means of false information. No person shall purchase, accept the delivery, or have the possession of cannabis in violation of this section.

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(E) Warnings displayed.

(1) Every cannabis dispensary shall display, in a prominent place or places, a printed card which shall read substantially as follows:

WARNING TO ALL PERSONS UNDER THE AGE OF TWENTY-ONE (21) YEARS, YOU ARE SUBJECT TO A CRIMINAL ARREST AND FINE IF YOU PURCHASE, OR ACCEPT A GIFT OF, CANNABIS OR HAVE CANNABIS IN YOUR POSSESSION, OR IF YOU HAVE IN YOUR POSSESSION A FALSE, FORGED, ALTERED OR DEFACED IDENTIFICATION CARD WHICH MISREPRESENTS YOUR AGE.

(2) The Cannabis Commissioner reserves the right to determine how large the warning card(s) will be, where the warning card(s) is/are placed, and any other requirements of the warning card(s) to ensure all consumers are made aware of the warning. (Ord. 1842, passed 2-4-2020) Penalty, see § 158.99

§ 158.07 LIABILITY FOR PERMITTING UNDERAGE PERSONS TO POSSESS OR CONSUME CANNABIS.

(A) It shall be unlawful for any owner or occupant of any premises in the city to permit an underage person to possess or consume cannabis on the premises, except for prescribed medical use with proper documentation.

(B) No person shall permit a gathering at their residence, or on property owned by the person or under the person's control, where any one or more underage persons are in possession of or are consuming any cannabis. No person that believes an underage person has consumed cannabis shall allow that underage person to leave a residence, or property owned by the person, or under the person's control, except when the underage person is accompanied by the underage person's parent or legal guardian. For the purpose of this section where the residence, or a property, has a tenant or lessee, there is a rebuttable presumption that the residence, or property, is occupied or controlled by the tenant or lessee. There is a rebuttable presumption that the owner or occupant of said residence, or property, permitted such conduct, unless the contrary is established by a preponderance of the evidence, even if said owner or occupant is not on the premises at the time of the violation. (Ord. 1842, passed 2-4-2020)

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USE RESTRICTIONS AND LICENSING

§ 158.20 CONSUMPTION AT OR IN A CANNABIS DISPENSARY.

Cannabis may not be consumed within a cannabis dispensary for any purpose and in any form, including but not limited to samples, tastings, edible products or byproducts or by smoking. (Ord. 1842, passed 2-4-2020)

§ 158.21 CONSUMPTION IN PARKING LOT ADJACENT TO CANNABIS DISPENSARY.

(A) In parking lots. Cannabis may not be consumed in any parking lot or open area adjacent to any cannabis dispensary for any purpose and in any form, including but not limited to samples, tastings, edible products or byproducts or by smoking.

(B) Responsibility of owner and/or manager. No licensee, or officer, associate, member, representative, agent or employee of such licensee, shall permit the consumption of cannabis in violation of this chapter.

(1) All cannabis dispensaries must post the following sign(s) on the property where the establishment is located:

PURSUANT TO THE CITY OF MADISON CODE, IT IS UNLAWFUL TO CONSUME ANY CANNABIS IN ANY PARKING LOT OR OPEN AREA ADJACENT TO THIS CANNABIS DISPENSARY.

(2) The Cannabis Commissioner reserves the right to determine how large the sign(s) will be, where the sign(s) is/are placed, and any other requirements of the sign(s) to ensure all consumers are made aware of the applicable law. (Ord. 1842, passed 2-4-2020)

§ 158.22 USE RESTRICTIONS.

(A) Hours of operation. Every cannabis dispensary located within the district shall limit its hours of operation from 7:00 a.m. to 10:00 p.m.

(B) Enclosed buildings. All cannabis dispensaries service and storage activities shall be conducted within an enclosed buildings.

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(C) Waste containers. All waste, refuse or unwanted materials generated by any establishment located within this district shall be stored in tightly-covered containers placed in a visually screened area and must conform to the city’s ordinance of disposal and pickup.

(D) Screening.

(1) Screening shall conform to requirements of Article 5, Section 5-300 except as specifically modified by this section.

(2) Screening for purposes of said district, shall be defined as a wall, solid fence eight feet (+/- 1/2 foot) in height (finished side of fence in view of public) or closely planted shrubbery at least eight feet (+/- 1/2 foot) high.

(3) Prior to installation, screening shall be reviewed and approved by the Zoning Administrator in accordance with a prescribed check list.

(4) No screening is permitted in the area between the front building line and the sidewalk or curb. (Ord. 1842, passed 2-4-2020) Penalty, see § 158.99

§ 158.23 LIGHTING.

Any light(s) used to illuminate any parking area shall be arranged or shielded so as to confine direct light rays within the parking area boundary lines to the greatest extent practical. (Ord. 1842, passed 2-4-2020)

§ 158.24 GIVING AWAY OF CANNABIS.

No licensee, individual, partnership or corporation shall give away or provide samples or tastings of any cannabis for retail sales or other purposes or in connection with the promotion of the cannabis dispensary. (Ord. 1842, passed 2-4-2020)

§ 158.25 LICENSE REQUIRED.

No person shall sell or offer for sale or possess with intention to sell at retail any cannabis without a cannabis retail sales license issued by the city pursuant to this chapter, in addition to a license issued by the State of Illinois. No person shall sell at retail or offer for sale at retail in the city cannabis in any form, in violation of the terms and conditions of the license or in violation of any provision of this chapter or any provision of the Cannabis Regulation and Tax Act. (Ord. 1842, passed 2-4-2020) Penalty, see § 158.99

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§ 158.26 TERM.

Each cannabis dispensary shall have a license issued by the state to sell retail cannabis prior to applying for a city cannabis dispensary license. Each cannabis dispensary shall have a city cannabis retail sales license pursuant to this chapter and the license shall be an annual license and shall expire on January 2 next following its issuance and every year thereafter requiring an application for renewal and approval. (Ord. 1842, passed 2-4-2020)

§ 158.27 NUMBER OF LICENSES.

(A) By separate ordinance, the City Council may set a limitation upon the number of licenses to sell cannabis at retail. As licenses are revoked, expire without renewal, or for any reason cease to exist, the total number of licenses for each classification shall automatically be reduced until the total number of licenses issued for each class shall not exceed the number authorized by the City Council.

(B) By separate resolution, the City Council may authorize the Cannabis Commissioner to issue a license to sell cannabis at retail to a licensee, but only if City Council has determined a license may be awarded pursuant to State of Illinois law and all of the requirements, rules and regulations of this chapter.

(C) All potential licensees shall apply for and must receive a special use permit from the city for any location where the potential licensee proposes to sell cannabis at retail. The special use permit must be reviewed by the City Combined Planning and Zoning Board and approved by the City Council. Special Use permits shall only be considered for areas zoned as follows:

(1) Use permitted as a special use (SUP): B-2, B-3, B-4, I-1;

(2) Use permitted as a planned use (PUD): B-3.

(D) The following limits are established on the number of licenses to sell cannabis at retail in the city:

(1) Class A: 1. (Ord. 1842, passed 2-4-2020)

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§ 158.28 APPLICATION.

(A) Applications for a cannabis retail sales license shall be made to the Cannabis Commissioner, on a form provided by the Cannabis Commissioner. Each such application shall be in writing, signed by the applicant or by a duly authorized officer of an entity, verified by oath or affidavit. In addition to the provided form, the licensee applicant shall be responsible for submitting any additional information that may be required by the Cannabis Commissioner. The Cannabis Commissioner reserves the right to refuse to accept any application if it is not completed to the satisfaction of the Cannabis Commissioner.

(B) In addition to the application, the applicant or the managing partners or officers of the owning entity of the applicant and the on-site managers of the applicant must undergo a criminal background check, including but not limited to finger printing under the direction of the Chief of Police or his or her designee.

(C) An affidavit, executed by a duly authorized officer or managing partner, stating that all members, officers, managers, general partners, directors, stockholders or limited partners owning 5% or more of the legal entity applying for a city cannabis license have no criminal convictions in any jurisdiction. (Ord. 1842, passed 2-4-2020)

§ 158.29 RESTRICTIONS ON ISSUANCE.

(A) No license shall be issued to an individual or entity declared ineligible for a license under the Cannabis Regulation and Tax Act, as amended from time to time, or to a person, partnership, limited liability company, corporation, or legal entity of any kind not eligible for an Illinois cannabis dispensary license.

(B) No cannabis dispensary license shall be issued to any location within 1,000 feet of any school, park, church, or any other location if said location would violate any city zoning ordinances.

(C) No cannabis dispensary license shall be issued to any location that would violate city zoning ordinances. (Ord. 1842, passed 2-4-2020)

§ 158.30 EXISTING PARKING/LOADING FACILITIES.

(A) Existing off-street parking or loading facilities located on the same lot as the use served shall not be reduced, or if already less than, shall not be further reduced below the requirements and standards for similar new structures or uses.

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(B) When an existing structure or use is damaged or destroyed and subsequently repaired or rebuilt, parking/loading facilities equivalent to any maintained at the time of such damage or destruction shall be restored, but additional parking/loading facilities need not be provided.

(C) Whenever the use of any structure or premises is intensified through addition of dwelling units, increased floor area, greater seating capacity, etc., additional parking and loading commensurate in use-intensity shall be provided.

(D) Whenever the existing use of a structure is changed to a different use, parking loading facilities shall be provided as required herein for such new use. (Ord. 1842, passed 2-4-2020)

§ 158.31 FEES.

The license fee for city cannabis licenses shall be $5,000 annually, paid at the time of renewal on or before January 2 of each year, regardless of what month the license was initially issued. (Ord. 1842, passed 2-4-2020)

§ 158.32 NATURE OF LICENSE; TRANSFER; EXPIRATION.

(A) A cannabis retail sales license shall be purely a privilege, good for a period not to exceed one year unless revoked according to law, and shall not constitute property, or be subject to attachment, garnishment or execution, or be alienable, assignable, transferable or subject to encumberment, and shall cease upon the death, or insolvency or cessation of operation of the licensee or the filing for bankruptcy protection.

(B) A licensee shall not enter into any agreement with a person or entity, whether it be a lease, management or other agreement, that would allow the person or entity to utilize the license in the operation of the person's or entity's business wherein the licensee maintains an interest of any kind whatsoever in the license.

(C) If a licensee's business is inactive for a period of three consecutive months, the license shall become null and void. For the purposes of this section, the word INACTIVE shall mean that the business has ceased operating or is not open to the public. (Ord. 1842, passed 2-4-2020)

§ 158.33 RENEWAL OF LICENSE.

(A) Any cannabis retail sales license may be renewed at the expiration of its term, provided the applicant is qualified to receive a new cannabis retail sales license under the then current requirements

2021 S-13 254 Madison - Land Usage and the premises for which such renewal license is sought are suitable for such purposes; and further, that the renewal privilege herein provided for shall not be construed as a vested right which shall in any case prohibit the Mayor and City Council from decreasing the number of licenses to be issued within the jurisdiction of the Mayor and the City Council.

(B) The renewal application shall be on a form prescribed by the Cannabis Commissioner. Additionally, all licensees or an authorized representative thereof, are required to attend an annual meeting convened by the Cannabis Commissioner. (Ord. 1842, passed 2-4-2020)

§ 158.34 CHANGE OF LOCATION OF BUSINESS.

A cannabis retail sales license shall permit the sale of cannabis only in the premises described in the application and license. Any change from the original application as to location shall require re-application (Ord. 1842, passed 2-4-2020)

§ 158.35 DISPLAY.

Each licensee shall display the cannabis retail sales license in plain view in a conspicuous place on the premises. (Ord. 1842, passed 2-4-2020)

158.36 HEARING FEES.

In the event the Cannabis Commissioner issues a notice to the licensee to convene a hearing regarding an alleged violation or violation of local, state, or federal law; any and all fees and costs associated with said hearing or in the preparation thereof, shall be paid by the licensee, including but not limited to attorney's fees for a legal advisor to the Cannabis Commissioner and for a prosecutor and for related costs including but not limited to the cost of the court reporter. (Ord. 1842, passed 2-4-2020)

§ 158.99 PENALTY.

The Cannabis Commissioner may suspend or revoke any license issued, if it is determined by the Cannabis Commissioner, subsequent to a hearing in accordance with the Cannabis Regulation and Tax Act, that the licensee has violated any ordinance of the city, state statute, or federal law pertaining to the

2021 S-13 Cannabis 255 operation of the licensee's business or the premises where it is located, or any regulation or rule that has been established by the Cannabis Commissioner, which is not inconsistent with state statute. In addition to suspension or revocation, the Cannabis Commissioner may levy a fine on the licensee for such violations. The fine imposed shall not exceed $1,000 for a first violation, $1,500 for a second violation within a 12-month period and $2,500 for a third or subsequent violation within a 12- month period. Each and every day which a violation continues shall constitute a separate violation. (Ord. 1842, passed 2-4-2020)

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APPENDIX A: BASIC TYPES OF LOTS

(Ord. 1402, passed 2-24-1998) 212 Madison - Land Usage Subdivisions 213

APPENDIX B: ILLUSTRATIONS OF A TYPICAL LOT

(Ord. 1402, passed 2-24-1998) 214 Madison - Land Usage Subdivisions 215

APPENDIX C: SIGHT LINES AT CORNERS

(Ord. 1402, passed 2-24-1998 216 Madison - Land Usage Subdivisions 217

APPENDIX D: HORIZONTAL CURVES

(Ord. 1402, passed 2-24-1998) 218 Madison - Land Usage Subdivisions 219

APPENDIX E: REVERSE CURVES

(Ord. 1402, passed 2-24-1998) 220 Madison - Land Usage Subdivisions 221

APPENDIX F: TYPICAL STREET CROSS SECTION

(Ord. 1402, passed 2-24-1998) 222 Madison - Land Usage Subdivisions 223

APPENDIX G: CURB AND GUTTER

(Ord. 1402, passed 2-24-1998) 224 Madison - Land Usage Subdivisions 225

APPENDIX H: INLETS

(Ord. 1402, passed 2-24-1998) 226 Madison - Land Usage Subdivisions 227

APPENDIX I: CURB RAMPS

(Ord. 1402, passed 2-24-1998) 228 Madison - Land Usage City of Madison, Illinois

Ordinance No. 1605

AN ORDINANCE ENACTING A CODE OF ORDINANCES FOR THE CITY OF MADISON, ILLINOIS, REVISING, AMENDING, RESTATING, CODIFYING AND COMPILING CERTAIN EXISTING GENERAL ORDINANCES WITH SUBJECTS EMBRACED IN SUCH CODE OF ORDINANCES

WHEREAS, the corporate authorities of the City of Madison, Illinois (hereinafter referred to as the "City") have determined that the present ordinances of the City are inadequately arranged and classified and are insufficient in form and substance for the complete preservation of the public peace, health, safety and general welfare of the City and for the proper conduct of its affairs; and

WHEREAS, the Illinois Municipal Code, 65 ILCS 5/1-2-3, grants authority to the City to revise, amend, restate, codify and compile any existing ordinances and all new ordinances not heretofore adopted or published and to incorporate such ordinances into one ordinance in book form; and

WHEREAS, the corporate authorities have authorized a general compilation, revision and codification of the ordinances of the City of a general and permanent nature and publication of such ordinance in book form,

NOW, THEREFORE, BE IT ORDAINED BY THE CORPORATE AUTHORITIES OF THE CITY OF MADISON, ILLINOIS:

SECTION 1: Adoption. The general ordinances of the City as revised, amended, restated, codified and compiled in book form are hereby adopted as and shall constitute the "City of Madison, Illinois Code of Ordinances."

SECTION 2: Table of Contents -- Arrangement of Titles. Such Code of Ordinances as adopted in Section 1 shall consist of the following Titles:

TITLE I: GENERAL PROVISIONS

Chapter 10. Rules of Construction; General Penalty 11. City Wards

TITLE III: ADMINISTRATION

30. City Council 31. City Officials 32. Departments, Boards and Other Organizations 33. Taxation 34. Fire Department

2003 S-1 1 2 Madison - Adopting Ordinance

TITLE III: ADMINISTRATION (Cont'd)

35. Police Department 36. Code and Ordinance violations 37. City Policies 38. Personnel 39. Emergency Services and Disaster Agencies

TITLE V: PUBLIC WORKS

50. Garbage 51. Sewers

TITLE VII: TRAFFIC CODE

70. General Provisions 71. Motor Vehicle Licenses 72. Winter Emergencies 73. Administration and Enforcement 74. Traffic Schedules 75. Parking Schedules

TITLE IX: GENERAL REGULATIONS

90. Abandoned, Inoperable or Wrecked Vehicles 91. Streets and Sidewalks 92. Trees and Shrubs 93. Fire Code; Prevention 94. Fair Housing 95. Health and Sanitation; Nuisances 96. Parks and Recreation 97. Animals

TITLE XI: BUSINESS REGULATIONS

110. General Licensing Provisions 111. Alcoholic Beverages 112. Plumbing Services 113. Food and Drink Regulations 114. Apartments and Rental Property; Lodging 115. Temporary Sales 116. Parking Lots

2003 S-1 Adopting Ordinance 3

TITLE XI: BUSINESS REGULATIONS (Cont'd)

117. Adult Businesses 118. Laundries 119. Tobacco Regulations 120. Junk and Second-Hand Dealers 121. Fuel Sales and Distribution 122. Amusements 123. Auctioneers 124. Telecommunications

TITLE XIII: GENERAL OFFENSES

130. General Offenses 131. Weapons 132. Offenses Against Public Health and Safety

TITLE XV: LAND USAGE

150. General Provisions 151. General Building regulations; Construction 152. Minimum Housing Standards 153. Flood Damage Prevention 154. Mobile Homes 155. Zoning 156. Subdivisions

TABLE OF SPECIAL ORDINANCES

Table I. Demolitions and Repairs II. Annexations and Detachments III. Contracts and Agreements; Real Estate Transactions IV. Franchise Agreements V. Easements and Encroachments VI. Street and Sidewalk Closings and Vacations VII. Street Renamings VIII. Construction; Improvements IX. Zoning Map Changes X. Tax Increment Development Areas XI. Enterprise Zones XII. Dedications and Acceptances

2003 S-1 4 Madison - Adopting Ordinance

SECTION 3: Reveal of Prior Ordinances, Effect. All prior ordinances pertaining to the subjects treated in such Code of Ordinances shall be deemed repealed from and after the effective date of this ordinance except as they are included and reordained in whole or in part in such Code; provided, such repeal shall not affect any offense committed or penalty incurred or any rights established prior to the effective date of this ordinance, nor shall such repeal affect the provisions of ordinances levying taxes, appropriating money, annexing or detaching territory, establishing franchises or granting special rights to certain persons, authorizing public improvements, authorizing the issuance of bonds or borrowing of money, authorizing the purchase or sale of real or personal property, granting or accepting easements, plat or dedication of land to public use, vacating or setting the boundaries of streets or other public places; nor shall such repeal affect any other ordinance or resolution of a temporary or special nature or pertaining to subjects not contained in or covered by the Code.

SECTION 4: Copy to be on File with City Clerk. Upon the adoption and approval by the corporate authorities of said Code of Ordinances, the City Clerk is hereby authorized and ordered to file a copy of said Code of Ordinances in the office of the City Clerk.

SECTION 5: Presumptive Evidence. Such Code shall be in full force and effect as provided in Section 6, and such Code shall be presumptive evidence in all courts and places of the ordinance and all the provisions, sections, penalties and regulations therein contained as of the date of passage.

SECTION 6: Effective Date. This Ordinance shall be in full force and effect from and after its publication, passage and approval.

PASSED AND APPROVED BY A MAJORITY ROLL-CALL VOTE OF THE CORPORATE AUTHORITIES OF THE CITY OF MADISON, ILLINOIS, HOLDING OFFICE THIS 11TH DAY OF MARCH, A.D., 2003, AS FOLLOWS:

ALDERPERSON AYE NAY ABSENT

ELEANOR L. ARMOUR x JEFFERY BRIDICK x TED OSTRENGA x SUE MILLER x STEVE HAMPSEY x MICHAEL VRABEC x R. WILLIAMS-GARDNER x NORRIS HORTON x

MAYOR JOHN W. HAMM x

2003 S-1 Adopting Ordinance 5

John W. Hamm /s/ Mayor

Alexis Rozycke-Lux /s/ City Clerk

2003 S-1 6 Madison - Adopting Ordinance ORDINANCE NO. 1676

AN ORDINANCE ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE CITY OF MADISON, ILLINOIS, AND DECLARING AN EMERGENCY

WHEREAS, American Legal Publishing Corporation of Cincinnati, Ohio, has completed the S-4 supplement to the Code of Ordinances of the City of Madison, Illinois, which supplement contains all ordinances of a general and permanent nature enacted since the prior supplement to the Code of Ordinances of the City of Madison, Illinois; and

WHEREAS, American Legal Publishing Corporation has recommended the revision or addition of certain sections of the Code of Ordinances which are based on or make reference to sections of the Illinois code; and

WHEREAS, it is the intent of the Legislative Authority to accept these updated sections in accordance with the changes of the law of the State of Illinois; and

WHEREAS, it is necessary to provide for the usual daily operation of the municipality and for the immediate preservation of the public peace, health, safety and general welfare of the municipality that this ordinance take effect at an early date;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF MADISON, ILLINOIS:

Section 1: That the S-4 supplement to the Code of Ordinances of the City of Madison, Illinois as submitted by American Legal Publishing Corporation of Cincinnati, Ohio, and as attached hereto, be and the same is hereby adopted by reference as if set out in its entirety.

Section 2: Such supplement shall be deemed published as of the day of its adoption and approval by the Legislative Authority and the Clerk of the City of Madison, Illinois is hereby authorized and ordered to insert such supplement into the copy of the Code of Ordinances kept on file in the Office of the Clerk.

Section 3: This ordinance is declared to be an emergency measure necessary for the immediate preservation of the peace, health, safety and general welfare of the people of this municipality, and shall take effect at the earliest date provided by law.

PASSED AND ADOPTED by the City of Madison on this 5th day of September, 2006.

MAYOR

7 2007 S-5 8 Madison - Adopting Ordinance

ATTEST:

CITY CLERK

(SEAL)

2007 S-5 ORDINANCE NO. 1690

AN ORDINANCE ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE CITY OF MADISON, ILLINOIS, AND DECLARING AN EMERGENCY

WHEREAS, American Legal Publishing Corporation of Cincinnati, Ohio, has completed the S-5 supplement to the Code of Ordinances of the City of Madison, Illinois, which supplement contains all ordinances of a general and permanent nature enacted since the prior supplement to the Code of Ordinances of the City of Madison, Illinois; and

WHEREAS, it is the intent of the Legislative Authority to accept these updated sections in accordance with the changes of the law of the State of Illinois; and

NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF MADISON, ILLINOIS:

Section 1: That the S-5 supplement to the Code of Ordinances of the City of Madison, Illinois as submitted by American Legal Publishing Corporation of Cincinnati, Ohio, and as attached hereto, be and the same is hereby adopted by reference as if set out in its entirety.

9 2008 S-6 10 Madison - Adopting Ordinance

PASSED AND ADOPTED by the City of Madison on this 24th day of July, 2007.

John W. Hamm III /s/ MAYOR

ATTEST:

Beth Wachtel /s/ DEPUTY CLERK

(SEAL)

2008 S-6 ORDINANCE NO. 1702

AN ORDINANCE ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE CITY OF MADISON, ILLINOIS, AND DECLARING AN EMERGENCY

WHEREAS, American Legal Publishing Corporation of Cincinnati, Ohio, has completed the S-6 supplement to the Code of Ordinances of the City of Madison, Illinois, which supplement contains all ordinances of a general and permanent nature enacted since the prior supplement to the Code of Ordinances of the City of Madison, Illinois; and

WHEREAS, it is the intent of the Legislative Authority to accept these updated sections in accordance with the changes of the law of the State of Illinois; and

NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF MADISON, ILLINOIS:

Section 1: That the S-6 supplement to the Code of Ordinances of the City of Madison, Illinois as submitted by American Legal Publishing Corporation of Cincinnati, Ohio, and as attached hereto, be and the same is hereby adopted by reference as if set out in its entirety.

2009 S-7 12 Madison - Adopting Ordinance

PASSED AND ADOPTED by the City of Madison on this 22nd day of July, 2008.

John W. Hamm III /s/ MAYOR

ATTEST:

Sharon Cass /s/ DEPUTY CLERK

(SEAL)

2009 S-7 ORDINANCE NO. 1712

AN ORDINANCE ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE CITY OF MADISON, ILLINOIS, AND DECLARING AN EMERGENCY

WHEREAS, American Legal Publishing Corporation of Cincinnati, Ohio, has completed the S-7 supplement to the Code of Ordinances of the City of Madison, Illinois, which supplement contains all ordinances of a general and permanent nature enacted since the prior supplement to the Code of Ordinances of the City of Madison, Illinois; and

WHEREAS, it is the intent of the Legislative Authority to accept these updated sections in accordance with the changes of the law of the State of Illinois; and

NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF MADISON, ILLINOIS:

Section 1: That the S-7 supplement to the Code of Ordinances of the City of Madison, Illinois as submitted by American Legal Publishing Corporation of Cincinnati, Ohio, and as attached hereto, be and the same is hereby adopted by reference as if set out in its entirety.

2010 S-8 14 Madison - Adopting Ordinance

PASSED AND ADOPTED by the City of Madison on this 7th day of July, 2009.

John W. Hamm III /s/ MAYOR

ATTEST:

Sharon Cass /s/ DEPUTY CLERK

(SEAL)

2010 S-8 ORDINANCE NO. 1723

AN ORDINANCE ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE CITY OF MADISON, ILLINOIS, AND DECLARING AN EMERGENCY

WHEREAS, American Legal Publishing Corporation of Cincinnati, Ohio, has completed the S-8 supplement to the Code of Ordinances of the City of Madison, Illinois, which supplement contains all ordinances of a general and permanent nature enacted since the prior supplement to the Code of Ordinances of the City of Madison, Illinois; and

WHEREAS, it is the intent of the Legislative Authority to accept these updated sections in accordance with the changes of the law of the State of Illinois; and

NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF MADISON, ILLINOIS:

Section 1: That the S-8 supplement to the Code of Ordinances of the City of Madison, Illinois as submitted by American Legal Publishing Corporation of Cincinnati, Ohio, and as attached hereto, be and the same is hereby adopted by reference as if set out in its entirety.

2011 S-9 16 Madison - Adopting Ordinance

PASSED AND ADOPTED by the City of Madison on this 8th day of June, 2010.

John W. Hamm III /s/ MAYOR

ATTEST:

Sharon Cass /s/ DEPUTY CLERK

(SEAL)

2011 S-9 ORDINANCE NO. 1734

AN ORDINANCE ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE CITY OF MADISON, ILLINOIS, AND DECLARING AN EMERGENCY

WHEREAS, American Legal Publishing Corporation of Cincinnati, Ohio, has completed the S-9 supplement to the Code of Ordinances of the City of Madison, Illinois, which supplement contains all ordinances of a general and permanent nature enacted since the prior supplement to the Code of Ordinances of the City of Madison, Illinois; and

WHEREAS, it is the intent of the Legislative Authority to accept these updated sections in accordance with the changes of the law of the State of Illinois; and

NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF MADISON, ILLINOIS:

Section 1: That the S-9 supplement to the Code of Ordinances of the City of Madison, Illinois as submitted by American Legal Publishing Corporation of Cincinnati, Ohio, and as attached hereto, be and the same is hereby adopted by reference as if set out in its entirety.

2013 S-10 18 Madison - Adopting Ordinance

PASSED AND ADOPTED by the City of Madison on this 21st day of June, 2011.

John W. Hamm III /s/ MAYOR

ATTEST:

Sharon Cass /s/ CITY CLERK

(SEAL)

2013 S-10 INDEX

1 2 Madison - Index INDEX

ABANDONED VEHICLES (See also PARKING; TRAFFIC) Abandonment of vehicles, 90.03 Declaration of nuisance, 90.02 Definitions, 90.01 Disposition of vehicles, 90.05 Exceptions, 90.06 Impoundment, 90.07 Leaving vehicles on street, 90.04 Penalty, 90.99

ADVERTISING Billboards and Outdoor Advertising Definitions, 125.01 Identification required, 125.05 License fees, 125.03 License required, 125.02 Maintenance, 125.06 Prohibited conduct, 125.04 Handbills Copy to be filed, 125.16 License required; fees, 125.15 Prohibited conduct, 125.17 Penalty, 125.99

ALCOHOLIC BEVERAGES (See also DRUG AND ALCOHOL ABUSE POLICIES) Application for license, 111.07 Bond, 111.10 Certain acts prohibited and others required, 111.16 Control or financing by manufacturers prohibited, 111.14 Definitions, 111.02 Distributor’s and importing distributor’s retail licenses, 111.05 Government stamps, labels, etc., 111.18 Investigation of violations, immoral practices, etc. and penalties therefor, 111.20 Licenses required, 111.03 Mayor, as Local Commissioner, to administer chapter, 111.08 Medicinal liquors, 111.12

2017 S-11 3 4 Madison - Index

ALCOHOLIC BEVERAGES (Cont’d) Number of licenses to be issued, 111.21 Opening or closing hours, 111.15 Penalty, 111.99 Persons addicted to excessive use of alcoholic liquors, 111.17 Posting license, 111.11 Purpose, 111.01 Renewal of licenses/lapse of license, 111.09 Retailer’s licenses, classes and fees, 111.04 Separate applications, payment of fees, 111.06 Suspension or revocation of license by Mayor, 111.19 Unobstructed view of licensed premises, 111.13

AMERICANS WITH DISABILITIES ACT SELF-EVALUATION AND TRANSITION PLAN Adoption of Americans with Disabilities Act self-evaluation and transition plan, 37.075

AMUSEMENTS Coin-Operated Devices Annual license fee, 122.036 Application; investigation, 122.038 License required, 122.035 List of all vending machines, 122.039 Permit fee, 122.037 Unlawful sale of food and drink, 122.040 Violation; procedure, 122.041 Gaming Terminals Definitions, 122.075 Funds, 122.079 Licenses, 122.077 Location restrictions, 122.078 Push Tax, 122.080 Violations, 122.076 General Provisions Billiard and pool tables, bowling alleys and shooting galleries, 122.002 Clairvoyants, palmists and fortune tellers, 122.003 General amusements; performances and the like, 122.001 Public dance halls and public dances, 122.004

2021 S-13 Index 4A

AMUSEMENTS (Cont’d) Mechanical Music Devices Application; fee, 122.057 Definitions, 122.055 Description of machines, 122.058 Inspection, 122.062 License not transferable, 122.059 License required, 122.056 Location requirements, 122.060 Penalty, 122.999 Raffles Application, 122.017 Conduct of raffles, 122.019 Definitions, 122.015 Fee, 122.023 Ineligibility, 122.022 Licensing, 122.016 Limitations, 122.018 Raffle Manager; bond, 122.020 Records, 122.021

ANIMALS Canine officer, 97.05 Certain prohibitions, 97.02 Exceptions, 97.03 Health Officer; powers, 97.04 Licensing Regulations Cats, 97.21 Certificate and tag, 97.23 Dogs, 97.20 Duties of owner, 97.24 Impoundment, 97.25 Vaccination, 97.22 Penalty, 97.99 Prohibited Activity; Keeping Animals Bees, 97.43 Cruelty to animals, 97.40 Dogs and cats running at large, 97.37 Injury to property, 97.35 Keeping animals and birds; general, 97.46 Keeping numerous dogs and cats, 97.39

2021 S-13 4B Madison - Index

ANIMALS (Cont’d) Prohibited Activity; Keeping Animals (Cont’d) Killing or injuring birds, 97.41 Manner of keeping, 97.36 Noisy animals, 97.38 Pigeon control, 97.42 Rabies and animal bites, 97.45 Wild or vicious animals, 97.44 Purpose, 97.01 Special permits, 97.06

2021 S-13 Index 5

ANNEXATIONS AND DETACHMENTS, T.S.O. II

APARTMENTS AND RENTAL PROPERTY; LODGING Apartments and Rental Property Abatement, 114.09 Applicability, 114.02 Application and license, 114.05 Definitions, 114.01 Enforcement, 114.08 Fees, 114.07 License approval, 114.06 License renewal, 114.04 License required, 114.03 Lodging Provisions License required; fee, 114.20 Hotels and rooming houses, 114.21 Penalty, 114.99

AUCTIONEERS Auctioneers, 123.01 Penalty, 123.99

BARBER SHOPS, 128.01

BILLBOARDS (See ADVERTISING)

BILLIARDS (See AMUSEMENTS)

BLACKSMITH SHOPS, 127.02

BOARD OF HEALTH Bringing diseased persons into city, 32.65 Contagious diseases; report and regulations, 32.63 Drugs, 32.75 Expectorating on sidewalk, 32.77 Filth in alley; streets to be kept clean, 32.71 Fumigation, 32.68 Letting unfit buildings prohibited, 32.70 Membership, 32.60 Notice to abate, 32.62 Nuisances, 32.73 Offensive trades and businesses, 32.72 Penalty, 32.78

2021 S-13 6 Madison - Index

BOARD OF HEALTH (Cont’d) Police assistance, 32.69 Powers of Board, 32.61 Premises to be clean, disinfected and the like, 32.66 Resistance prohibited, 32.64 Stables, 32.74 Unwholesome food or drinks, 32.76 Vaccination, 32.67

BOWLING ALLEYS (See AMUSEMENTS)

BUFFER STRIPS (See ZONING)

BUILDING MOVERS, 128.02

BUILDING REGULATIONS; CONSTRUCTION Adoption of building code, 151.02 Inspections for certain housing, 151.01 Penalty, 151.99 Property numbering, 151.03

BUSINESS LICENSING Appeal procedure, 110.05 Applications, 110.03 Compliance required, 110.02 Fee in addition to tax, 110.14 Fee; no credits or rebates, 110.09 Inspection; right of entry, 110.13 Investigation, 110.04 License good for one business, 110.11 License not transferable, 110.07 License required, 110.01 Notice, 110.10 Penalty, 110.99 Posting license in conspicuous place, 110.12 Receipt and register, 110.15 Revocation of license, 110.06 Term of license, 110.08

CANNABIS Definitions, 158.03 Interpretation of chapter, 158.02 Liability for permitting underage persons to possess or consume cannabis, 158.07

2021 S-13 Index 7

CANNABIS (Cont’d) Penalties, suspension or revocation, 158.99 Principal use standards, 158.04 Purchase or acceptance of cannabis by underage person; identification; warnings, 158.06 Scope, 158.01 Underage person; prohibition, 158.05 Use Restrictions and Licensing Application, 158.28 Change of location of business, 158.34 Consumption at or in a cannabis dispensary, 158.20 Consumption in parking lot adjacent to cannabis dispensary, 158.21 Display, 158.35 Existing parking/loading facilities, 158.30 Fees, 158.31 Giving away of cannabis, 158.24 Hearing fees, 158.36 License required, 158.25 Lighting, 158.23 Nature of license; transfer; expiration, 158.32 Number of licenses, 158.27 Renewal of license, 158.33 Restrictions on issuance, 158.29 Term, 158.26 Use restrictions, 158.22

CANNABIS BUSINESS ESTABLISHMENTS PROHIBITED Cannabis business establishments prohibited, 129.02 Definitions, 129.01 Public nuisance declared, 129.03

CANNABIS OR OTHER ILLEGAL SUBSTANCES Definitions, 132.30 Penalty, 132.99 Prohibitions, 132.31

CHILD SEX OFFENDERS RESIDENCE PROHIBITIONS, 133.01

CHOUTEAU ISLAND CURFEW, 96.04

CITY COUNCIL Bills and claims, 30.07 Committees; reports, 30.06 Duties and privileges of Mayor, 30.03

2021 S-1 8 Madison - Index

CITY COUNCIL (Cont’d) Duties and privileges of members, 30.04 Investigation, 30.09 Meetings, 30.01 Motions and resolutions, 30.05 Order of business, 30.02 Public participation during Council meetings, 30.11 Second readings, 30.08 Temporary suspension of order of business or rules, 30.10

CITY OFFICIALS City Comptroller, 31.02 Deputy City Clerk; authority, 31.01 Prevailing wages for public works employees, 31.04 Salaries and wages, 31.03

CITY POLICIES Acceptance of Gifts; State Gift Ban Act Adoption of Act, 37.001 Ethics Officer, 37.002 Future amendments to Act, 37.004 State Legislative Commission; complaints, 37.003 Americans with Disabilities Act Self-Evaluation and Transition Plan Adoption of Americans with Disabilities Act self-evaluation and transition plan, 37.075 Claims under PSEBA Administrative composition, 37.108 Administrative hearing, 37.109 Application procedure, 37.107 Definitions, 37.106 Purpose, 37.105 Municipal Fees and Fines Credit card fees, 37.039 Demolition fees, 37.038 Law enforcement agencies; holding facilities, 37.035 Prosecution assessing fees, 37.037 Public records; reproduction and certification, 37.036 Official City Time; Adoption of Regulations Daylight Savings Time; adoption, 37.065 Public buildings, 37.067 References; official time, 37.066 Travel Expense Control Act, 37.090

2021 S-13 Index 8A

CITY WARDS, 11.01

CIVIL EMERGENCIES Curfew authorized, 41.03 Declaration, 41.02 Definitions, 41.01 Duration, 41.05 Notice, 41.06 Orders authorized, 41.04 Violations, 41.07

CODE OF ORDINANCES; GENERAL PROVISIONS Amendments to code, 10.09 Code and Ordinance Violations Administrative Adjudication Adoption of state regulations, 36.15 Code Hearing Department, 36.17 Continuances; representation at code hearings, 36.21 Definitions, 36.16 Findings, decision and order, 36.24 Hearing procedures not exclusive, 36.18 Hearing; evidence, 36.22 Impact on existing administrative adjudication systems, 36.27 Instituting hearing proceedings, 36.19 Judgement on findings, decision and order, 36.26 Qualifications of Hearing Officers, 36.23 Review under Administration Review Law, 36.25 Subpoenas; defaults, 36.20 Disposition of supervision, 36.04 Limitations of amendments, 36.03 Public service work, 36.02 Violations, 36.01 Conflicting provisions, 10.08 Definitions, 10.02 Errors and omissions, 10.12 General penalty, 10.99 Historical and statutory references, 10.17 Official time, 10.05 Ordinances repealed, 10.13

2021 S-13 8B Madison - Index Index 9

CODE OF ORDINANCES; GENERAL PROVISIONS (Cont’d) Ordinances saved, 10.15 Ordinances unaffected, 10.14 Reference to other sections, 10.07 Reference to public office or officer, 10.11 Revivor; effect of amendment or repeal, 10.06 Rules of construction, 10.04 Section headings, 10.03 Severability, 10.10 Technical codes, 10.16 Title of code, 10.01

CONSTRUCTION; IMPROVEMENTS, T.S.O. VIII

CONTRACTS AND AGREEMENTS; REAL ESTATE TRANSACTIONS, T.S.O. III

CURFEW Chouteau Island, 96.04 Fire Station Recreation Area hours, 96.03 In general, 130.06 Park, playground, ball diamond, other recreation area hours, 96.03

DEDICATIONS AND ACCEPTANCES, T.S.O. XII

DEMOLITIONS AND REPAIRS, T.S.O. I

DEPARTMENT OF STREETS (See also STREETS AND SIDEWALKS) Building material in streets; permission, 32.39 Creation of offices, 32.36 Disposition of property, 32.38 Employment of laborers, 32.43 Establishment, 32.35 Full record to be kept, 32.42 Maintenance and repair; protection, 32.40 Payment of funds to city, 32.41 Power of arrest, 32.44 Superintendent of Streets; bond; duties; sewer responsibilities, 32.37 Superintendent; removal from office, 32.45

DRUG AND ALCOHOL ABUSE POLICIES (See also ALCOHOLIC BEVERAGES) Compliance procedures, 37.050 Drug-free workplace, 37.051

2019 S-12 10 Madison - Index

DRUG PARAPHERNALIA Civil forfeiture, 132.22 Definitions, 132.20 Offenses, 132.21 Penalty, 132.99

EASEMENTS AND ENCROACHMENTS, T.S.O. V

ELECTRICAL CONTRACTORS, 127.04

EMERGENCY SERVICES AND DISASTER AGENCIES Agreement with other political subdivisions, 39.05 Appropriation and tax levy, 39.12 Compensation, 39.07 Coordinator, 39.02 Creation of Board, 39.01 Emergency action, 39.06 Functions, 39.03 Oath, 39.10 Office space designated, 39.11 Purchases and expenditures, 39.09 Reimbursement by state, 39.08 Rescue fees, 39.13 Service as mobile support team, 39.04 Volunteer Fire Protection Assistance costs and fees, 39.14

ENTERPRISE ZONES, T.S.O. XI

ETHICS (See also CITY POLICY) Definitions, 40.01 Gift ban, 40.03 Penalty, 40.99 Prohibited political activities, 40.02

EXPRESSMEN, DRAYMEN AND CARTERS, 128.03

EXPLOSIVES (See WEAPONS)

FAIR HOUSING, 94.01

FENCES (See ZONING)

2019 S-12 Index 10A

FIRE CODE Adoption; copies on file, 93.01 Establishment of fire limits, 93.03 Modifications and revisions, 93.02

FIRE DEPARTMENT Establishment Provisions Apparatus and equipment, 34.07 Compensation, 34.03 Duties of Fire Chief, 34.06 Emergencies or disasters, 34.10 Establishment, 34.01 Officers, 34.05 Personnel, 34.02 Physical fitness, 34.04 Suspension or involuntary discharge, 34.09 Voluntary termination, 34.08 Rules and Regulations Chief and officers; duties, 34.28 Definitions, 34.21 Department property, 34.25 Duty to report, 34.29 Equipment and driving, 34.31 General standards, 34.20 Hours of duty, 34.33 Members, acquaintance with rules, 34.22 Prohibited activities, 34.34 Qualifications and requirements, 34.26 Rank; structure and guidelines, 34.27 Residency, 34.24 Response to calls, 34.32 Turnout gear and lockers, 34.35 Violations, 34.30 Weekly work schedules, 34.23

2011 S-9 10B Madison - Index Index 11

FLOOD DAMAGE PREVENTION Abrogation and greater restrictions, 153.05 Administration and Enforcement Building Inspector; duties, 153.30 Development permit, 153.31 Variances, 153.32 Base flood elevation, 153.03 Definitions, 153.02 Disclaimer of liability, 153.04 Flood Hazard Prevention Preventing increased flood heights and damages, 153.15 Protecting buildings, 153.16 Subdivision and other development requirements, 153.17 Penalty, 153.99 Purpose, 153.01

FLORISTS, 128.04

FOOD AND DRINK REGULATIONS Bakeries, 113.04 Ice dealers, 113.09 Milk, 113.05 Penalty, 113.99 Refreshment dealers, 113.06 Retail food establishments, 113.07 Sale of candy, snow cones and the like, 113.02 Sale of frozen ice cream mix products, 113.01 Vehicles carrying foodstuffs, 113.03 Wholesale food establishments, 113.08

FORTUNE TELLERS (See AMUSEMENTS)

FRANCHISE AGREEMENTS, T.S.O. IV

FUEL SALES AND DISTRIBUTION Coal (See also INDUSTRIAL BUSINESS LICENSES) Definitions; interpretation, 121.02 License fee, 121.03 License required, 121.01 Scales of licensee, 121.04

2019 S-12 12 Madison - Index

FUEL SALES AND DISTRIBUTION (Cont’d) Filling stations Definitions, 121.15 Filling stations in garages and parking lots, 116.10 Filling stations; licensing, 121.16 Penalty, 121.99

GAMING TERMINALS Definitions, 122.075 Funds, 122.079 Licenses, 122.077 Location restrictions, 122.078 Violations, 122.076

GARBAGE Billing; payment, 50.03 Containers, 50.07 Definition; certain locations, 50.08 Exclusive method of garbage and refuse disposition, 50.02 Garbage and Debris Collection and removal, 95.50 Cost and expense, 95.51 Definitions, 95.45 Enforcement, 95.48 Exterior storage of non-operating vehicles, 95.47 Maintenance; responsibility, 95.46 Notice, 95.49 Penalty, 95.99 Garbage, food scraps, litter and the like, 95.32 Liability, 50.05 Monthly charge, 50.01 Notice required for transfer, 50.04 Penalty, 50.99 Special pickup regulations, 50.09 Vacant dwelling units, 50.06

HANDBILLS (See ADVERTISING)

HEALTH AND SANITATION; NUISANCES Abatement; record, 95.05 Definition, 95.02 Inspections, 95.04 Limitations, 95.03 Notice to owner, 95.07 Penalty, 95.99

2019 S-12 Index 13

HEALTH AND SANITATION; NUISANCES (Cont'd) Purpose, 95.01 Right of entry, 95.06 Specific Nuisances Boarding and lodging houses, 95.23 Bone, fat or glue businesses, 95.24 Discharge of filth into streets, 95.29 Expectoration, 95.22 Impure wells or cisterns, 95.30 Pools of impure water, 95.28 Scraps, junk and other refuse, 95.31 Smells from manufacturers, 95.33 Soap factories, candle factories and the like, 95.25 Transportation of garbage, waste and the like, 95.21 Unclean drains, garbage boxes and the like, 95.26 Water in basements, 95.27

HEALTH CLUBS Adequate plumbing and drainage facilities required, 117.26 Application, 117.22 Certificate vouching for employees’ health, 117.27 Designation, 117.20 Indecent or immoral behavior prohibited, 117.24 Inspection; right of entry, 117.28 License required; fee, 117.21 Penalty, 117.99 Revocation of license, 117.23 Sanitary requirements, 117.25

HOTELS (see APARTMENTS AND RENTAL PROPERTY; LODGING)

IMPOUNDMENT OF MOTOR VEHICLES Definitions, 70.30 Refund of administrative fee, 70.33 Seizure and impoundment, 70.32 Violations authorizing impoundment, 70.31

2017 S-11 14 Madison - Index

INDUSTRIAL BUSINESS LICENSES Blacksmith shops, foundries, and machine shops, 127.02 Coal yards, 127.03 Definitions, 127.01 Electrical contractors, 127.04 Lumber yards and lumber store houses, 127.05 Penalty, 127.99 Slaughter houses, 127.06

INSURANCE BROKERS, 128.06

JUNK AND SECOND-HAND DEALERS General Provisions Application, 120.04 Breaking up of certain equipment prohibited, 120.09 Consent to property owners, 120.02 Denial of application, 120.06 Inspection, 120.08 Investigation; approval; bond, 120.05 License fee; term, 120.03 License required, 120.01 Lost and stolen articles, 120.11 Penalty, 120.99 Purchase from intoxicated persons, 120.10 Revocation of license, 120.07 Specific business license provisions Pawnbrokers, 120.20 Scavengers, 120.21

LAND USAGE Enforcement; Hearing Procedure Administrative review law to apply, 150.27 Adoption of state regulations, 150.15 Code hearing procedure, 150.18 Code Hearing Department, 150.17 Continuances; representations, 150.21 Default, 150.20 Defenses, 150.24 Definitions, 150.16 Dispositions of violations, 150.28 Evidence at hearings, 150.22 Findings, decisions and orders, 150.25 Fines and sanctions, 150.26

2010 S-8 Index 14A

LAND USAGE (Cont’d) Enforcement; Hearing Procedure (Cont’d) Retaliatory action against occupants prohibited, 150.23 Sanctions and findings to run with property, 150.29 Subpoenas, 150.19 Land Use Plan, 150.01

LAUNDRIES Definitions, 118.01 Dry cleaning, 118.04 Equipment required, 118.03 Hours of operation, 118.02 Penalty, 118.99

LAW DEPARTMENT City Attorney, 32.22 Corporation Counsel, 32.21 Establishment; creation of offices, 32.20 Reports, 32.23

LIFE SAFETY CODE (See also FIRE CODE) Adoption; copies on file, 93.15 Inspections, duties, rules and enforcement, 93.17 Modifications to the Life Safety Code, 93.16

LITTER Accumulation of litter prohibited, 132.04 Definitions, 132.01 Dumping or depositing litter from motor vehicle prohibited, 132.03 Dumping or depositing of litter prohibited; exemptions, 132.02 Power of court to order removal of litter, 132.07 Presumption of violation by operator throwing litter from motor vehicle, 132.05 Receptacles required in public areas, 132.06

LODGING (See APARTMENTS AND RENTAL PROPERTY; LODGING)

LOITERING (See PAVED MUNICIPAL PARCELS AND LOTS)

LUMBER YARDS, 127.05

2021 S-13 14B Madison - Index Index 15

MASSAGE ESTABLISHMENTS Application, 117.44 Definition, 117.40 Examination, 117.43 License fee, 117.42 License required, 117.41 Open and public records, 117.45 Penalty, 117.99

MINIMUM HOUSING STANDARDS Administration and Enforcement Condemned buildings, 152.085 Emergency measures, 152.078 Enforcement Officer, 152.075 Fees, 152.077 Noncompliance; notice, 152.079 Noncompliance; remedy of defects, 152.084 Notice to city of successor of existing utility service, 152.088 Permits, 152.076 Placards on buildings, 152.080 Removal of placards, 152.082 Right of appeal, 152.083 Securing vacated buildings, 152.086 Transfer of ownership of noncomplying buildings, 152.087 Vacations of buildings, 152.081 Applicability, 152.002 Basic Equipment and Facilities Electrical services, 152.060 Hazard, 152.062 Heating, 152.064 Minimum requirements, 152.061 Refuse, garbage and rubbish, 152.063 Water heating facilities, 152.065 Boards of Appeals Appeal fee disposition, 152.106 Appeals, 152.103 Authority to make repairs, 152.101 Jurisdiction, 152.100 Powers, 152.104 Procedure for filing appeals, 152.102 Review of Board decisions, 152.105

2011 S-9 16 Madison - Index

MINIMUM HOUSING STANDARDS (Cont’d) Intent and purpose, 152.001 Interpretation; conflict, 152.003 Light and Ventilation Illumination, 152.045 Natural lighting, 152.046 Ventilation requirements, 152.047 Rules and definitions, 152.004 Safety and Sanitary Requirements Basements and cellars, 152.016 Broken glass; boarding, 152.024 Facilities, equipment and chimneys, 152.017 Floors, interior walls and ceilings, 152.018 Foundations, exterior walls and roofs, 152.019 General standards, 152.015 Grading and drainage of lots, 152.020 Infestation, 152.021 Screens, 152.023 Stairways and porches, 152.025 Windows, doors and hatchways, 152.022 Yards, 152.026 Space and Occupancy Requirements Basement rooms, 152.036 Ceiling heights and sleeping rooms, 152.035

MOBILE HOMES Accessory structures, alterations, and additions, 154.08 Alterations, 154.09 Compliance with minimum housing standards, 154.06 Definitions, 154.02 Electricity and plumbing services, 154.05 Governing regulations, 154.03 Lot; locations, 154.04 Penalty, 154.99 Policy, 154.01 Transformation of mobile homes, 154.07

MOTOR VEHICLE LICENSES (See also PARKING; TRAFFIC) Application; issuance, 71.03 Dealer’s license, 71.08 Definitions, 71.01

2011 S-9 Index 17

MOTOR VEHICLES (Cont’d) Fees; time of payment, 71.06 License required, 71.02 License year, 71.05 Penalty, 71.99 Plate or windshield sticker, 71.04 Replacement or transfer of plate or windshield sticker, 71.07

NOISE CONTROL Amplified noise prohibited, 98.03 Definitions, 98.01 Exceptions, 98.05 Penalty, 98.99 Sound amplification; motor vehicles, 98.04 Sound amplifying, 98.02

PARKING (See also ABANDONED VEHICLES; MOTOR VEHICLE LICENSES; TRAFFIC) Handicapped parking spaces, Ch. 75, Sched. I Loading and unloading, Ch. 75, Sched. III Parking Lots Application, 116.05 Conditions and standards, 116.08 Definition, 116.01 Denial or revocation of license, 116.07 Filling stations, 116.10 Frontage consents, 116.03 Investigation and inspection, 116.06 License fee; term, 116.04 License required, 116.02 Penalty, 116.99 Prohibited activity, 116.09 Parking restrictions, Ch. 75, Sched. II Paved municipal parcels and lots, 130.07

PARKS AND RECREATION Chouteau Island curfew, 96.04 Curfew Chouteau Island, 96.04 Fire Station Recreation Area, 96.03 In general, 130.06 Park, playground, ball diamond, other recreation area, 96.03

2021 S-13 18 Madison - Index

PARKS AND RECREATION (Cont’d) Fire Station Recreation Area Definitions, 96.20 Dogs in Fire Station Recreation Area must be leashed, 96.23 Exceptions, 96.22 Hours open to public, 96.03 Prohibited use in Fire Station Recreation Area, 96.21 Removal of excreta, 96.24 Use of playground area and equipment; age restriction and supervision required, 96.25 Hours open to public, 96.03 Penalty, 96.99 Playground and recreation system, 96.01 Public library and reading room, 96.02

PAVED MUNICIPAL PARCELS AND LOTS, 130.07

PAWNBROKERS (See JUNK AND SECOND-HAND DEALERS)

PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS Certificate, 115.22 Exceptions, 115.23 Fee, 115.21 Penalty, 115.99 Registration required, 115.20 Revocation, 115.24 Soliciting contributions, 130.02

PET DEALERS, 128.05

PERSONNEL, 38.01

PHOTOGRAPHERS Application, 115.37 Definitions, 115.35 Fees, 115.38 License required, 115.36 Penalty, 115.99

2021 S-13 Index 18A

PLANNING COMMISSION Expenditures, 32.07 Improvements, 32.06 Land subdivision or re-subdivision; official map, 32.05 Membership; terms of office, 32.02 Powers and duties, 32.04 Procedure, 32.03 Purpose, 32.01

2021 S-13 18B Madison - Index Index 19

PLUMBING SERVICES Administrative authority, 112.04 Adoption of state regulations, 112.02 Conformity to state regulations, 112.03 Definitions, 112.01 Fees, 112.08 Notification to Plumbing Inspector, 112.09 Office of Plumbing Inspector, 112.05 Penalty, 112.99 Plumbing permits, 112.07 Registration of contractors and the like, 112.06

POLICE DEPARTMENT Auxiliary Police Officers Appointment; authorization, 35.35 Carrying firearms; permission from Chief, 35.38 Compensation, 35.40 General requirements, 35.36 Powers and duties, 35.37 Training and uniforms, 35.39 Establishment of Department Appointment, 35.03 Appointment of special policemen to serve with regular police force, 35.14 Assistant Chief of Police; duties, 35.07 Bond, 35.04 Chief of Police; duties; monthly report, 35.06 Chief to keep an office, 35.11 Compensation, 35.17 Compensation of special policemen, 35.18 Duty of policemen; not to engage in business that may interfere, 35.10 Establishment, 35.01 Head of department; powers to establish police regulations, 35.05 Offices created, 35.02 Police badges, 35.15 Police guilty of neglect of duty and the like, 35.13 Police to report and render assistance to Chief, 35.12 Policemen; powers and duties; daily reports to Chief; records kept by Chief, 35.08 Policeman may enter building by force and make arrests therein in certain cases, 35.09 Suspension, 35.16 Rules and Regulations, 35.25

POLLUTION CONTROL FACILITY SITE APPROVAL Application, 157.02 City review, 157.03

2006 S-4 20 Madison - Index

POLLUTION CONTROL FACILITY SITE APPROVAL (Cont'd) Definitions, 157.01 Fees and costs, administration of, 157.08 Public comment, 157.05 Public hearing, 157.04 Record, 157.06 Site approval decision, 157.07 Waiver of rules, 157.09

PROPERTY DAMAGE, 130.05

RAFFLES (See AMUSEMENTS)

REAL ESTATE BROKERS, 128.06

RENTAL PROPERTY (See APARTMENTS AND RENTAL PROPERTY; LODGING)

SALES; PERSONAL PROPERTY Applications, 115.03 Fee, 115.05 Hours of sale, 115.07 Inspections, 115.08 Intent, 115.01 License required, 115.25 Penalty, 115.99 Permit posted on premises, 115.06 Permit required, 115.02 Term of permit; conditions, 115.04 Transient vendors of merchandise, 115.26

SEWERS Connection to system, 51.01 Outdoor toilet facilities, privies and the like, 51.03 Penalty, 51.99 Prohibited discharges, 51.02

SEX OFFENDERS RESIDENCE PROHIBITIONS, 133.01

SEXUAL HARASSMENT; OTHER FORMS OF HARASSMENT Examples, 37.016 Hearing procedure, 37.019 Other legal recourse, 37.021

2019 S-12 Index 20A

SEXUAL HARASSMENT; OTHER FORMS OF HARASSMENT (Cont'd) Reporting procedure, 37.018 Retaliation, 37.017 Violations; penalties, 37.020 Work environment, 37.015

SEXUALLY-ORIENTED BUSINESSES OR ESTABLISHMENTS Compliance required, 117.06 Definitions, 117.02 Manner of dress, 117.05 Nuisance; injunction, 117.08 Penalty, 117.99 Prohibited businesses, 117.03 Prohibited conduct, 117.04 Purpose and intent, 117.01 Suspension and revocation of license, 117.07

2019 S-12 20B Madison - Index Index 21

SLAUGHTER HOUSES, 127.06

SOLICITORS (See PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS)

SPECIFIC LICENSING PROVISIONS Barber shops, 128.01 Building movers, 128.02 Expressmen, draymen and carters, 128.03 Florists, 128.04 Household pet dealers, 128.05 Penalty, 128.99 Real estate and insurance brokers, 128.06 Taxicab and taxicab drivers, 128.07 Undertakers, 128.08

STREETS AND SIDEWALKS (See also DEPARTMENT OF STREETS) Excavations and Openings Application, 91.21 Barricades and lights, 91.24 Excavation bond, 91.31 Exemptions, 91.29 Fees and deposits, 91.23 Issuance of permits, 91.22 Permit required, 91.20 Restoring surface, 91.27 Sidewalks, 91.25 Supervision, 91.28 Time limit, 91.26 Utility excavations; notice required; penalty for violations, 91.30 Obstructions Definitions, 91.01 Enforcement procedures, 91.06 Obstructing sidewalks, 91.02 Obstructing streets, 91.03 Presumption, 91.05 Responsibility of parent, 91.04 Penalty, 91.99 Street and Sidewalk Closings and Vacations, T.S.O. VI Street Renamings, T.S.O. VII

2003 S-1 22 Madison - Index

SUBDIVISIONS Administrative Matters and Miscellaneous Provisions Administrator’s duties, 156.80 Amendments, 156.83 Fees, 156.84 Subdivision variances, 156.82 Vacation of plats, 156.81 Assurances for the Completion and Maintenance of Required Improvements Assurances generally, 156.65 Completion security, 156.66 Maintenance security, 156.68 Subdivider’s maintenance responsibilities, 156.67 Basic Types of Lots, Ch. 156, App. A Curb and Gutter, Ch. 156, App. G Curb Ramps, Ch. 156, App. I Definitions, 156.06 Disclaimer of liability, 156.05 Horizontal Curves, Ch. 156, App. D Illustration of a Typical Lot, Ch. 156, App. B Incorporation of figures by reference, 156.04 Inlets, Ch. 156, App. H Jurisdiction, 156.03 Penalty, 156.99 Plats and Plans Final plats, 156.53 Improvement plans, 156.52 Matters related to recording, 156.54 Minor subdivisions, 156.55 Pre-application conference, 156.50 Preliminary plats, 156.51 Purpose, 156.02 Reverse Curves, Ch. 156, App. E Sight Lines at Comers, Ch. 156, App. C Subdivision Design and Improvements Standards Block requirements, 156.24 Drainage and storm sewers, 156.36 Easements, 156.34 Electrical power, telephone and cable antenna television lines, 156.30 Fire hydrants, 156.33 Fire prevention and suppression, 156.32 Grading, erosion control, 156.37 Installation of lighting on public ways, 156.29 Interpretation, 156.20

2003 S-1 Index 23

SUBDIVISIONS (Cont'd) Subdivision Design and Improvements Standards Lot requirements, 156.23 Reference monuments, 156.22 Reservation for public purposes, 156.38 Sanitary sewers, 156.35 Sidewalk requirements/construction standards, 156.27 Street design standards, 156.25 Street improvement standards, 156.26 Street names and street markers, 156.28 Suitability for subdivision generally, 156.21 Water facilities, 156.31 Title, 156.01 Typical Street Cross Section, Ch. 156, App. F

TAXATION Definitions, 33.03 Local Tax Administrator, 33.05 Procedures; Payment Abatement, 33.22 Appeals, 33.19 Audit procedure, 33.18 Certain credits and refunds, 33.17 Hearings, 33.20 Installment contracts, 33.23 Interest and penalties, 33.21 Late payment; application, 33.16 Municipal Cannabis Retailers’ Occupation Tax, 33.26 Notices, 33.15 Statute of limitations, 33.24 Voluntary disclosure, 33.25 Publication of tax ordinances, 33.04 Scope, 33.02 Tax Increment Development Areas, T.S.O. X

2021 S-13 24 Madison - Index

TAXATION (Cont’d) TIF Interested Parties Registry Registration Rules Amendment of registration rules, 33.51 Amendment to registration, 33.47 Definitions, 33.40 Determination of eligibility, 33.45 Establishment of registry, 33.41 Maintenance of registry, 33.42 Non-interference, 33.50 Notices to be sent to interested parties, 33.49 Registration by organizations, 33.44 Registration by residents, 33.43 Registries available for public inspection, 33.48 Renewal and termination, 33.46 Title, 33.01

TAXICAB AND TAXICAB DRIVERS, 128.07

TELECOMMUNICATIONS Maintenance Fees Collection, enforcement and administration, 124.04 Compliance with other laws, 124.05 Definitions, 124.01 Existing franchises and licenses, 124.06 Maintenance fee, 124.03 Registration, 124.02 Waiver and fee implementation, 124.07 Penalty, 124.99

THEFT, 130.03

TIF INTERESTED PARTIES REGISTRY REGISTRATION RULES (See TAXATION)

2017 S-11 Index 25

TOBACCO Definitions, 119.01 Identification required, 119.06 Inspections, 119.15 License required; fee; conditions, 119.02 Minimum age to purchase tobacco, 119.07 Non-retaliation, 119.13 Number of tobacco vendors restricted, 119.03 Out-of-package sales, 119.10 Penalty, 119.99 Prohibited sales, 119.04 Proximity of certain institutions, 119.08 Responsibility for agents and employees, 119.12 Samples and free distribution prohibited, 119.09 Suspension and revocation of license, 119.14 Vendor-assisted sales, 119.11 Warning signs, 119.05

TRAFFIC (See also ABANDONED VEHICLES; MOTOR VEHICLE LICENSES; PARKING) Administration and Enforcement Additional notices, 73.05 Administrative composition, 73.02 Certified report; contesting report, 73.10 Debt to city, 73.13 Final determination of liability, 73.06 Hearings, 73.04 Immobilization; towing and impounding, 73.11 Judgment, 73.14 Judicial review, 73.12 Non-resident procedures, 73.08 Procedure, 73.03 Purpose, 73.01 Review, 73.07 Schedule of fines and penalties, 73.09 Adoption of Illinois Vehicle Code, 70.01 One-way streets, Ch. 74, Sched. I Operation of Golf Carts and Utility-Terrain Vehicles Definitions, 70.16 Penalty, 70.99 Permits, 70.18 Permitted on city streets, 70.15 Requirements, 70.17

2017 S-11 26 Madison - Index

TRAFFIC (Cont’d) Parades, 70.02 Penalty, 70.99 Restricted operation, Ch. 74, Sched. VI Size and Weight Restrictions Definitions, 70.45 Oversize/overweight vehicles permitted on certain streets/bridge structures, 70.49 Overweight and/or over dimension vehicles, 70.46 Permits for, 70.47 Vehicles prohibited on certain streets, 70.48 Speed limits, Ch. 74, Sched. III Stop streets and intersections, Ch. 74, Sched. IV Through streets, Ch. 74, Sched. VIII Traffic-control signals; erection and maintenance, Ch. 74, Sched. IX Turning movements, Ch. 74, Sched. V Two-way streets, Ch. 74, Sched. II Weight limits, Ch. 74, Sched. VII Definitions, 70.45 Oversize/overweight vehicles permitted on certain streets/bridge structures, 70.49 Overweight and/or over dimension vehicles, 70.46 Permits for, 70.47 Vehicles prohibited on certain streets, 70.48 Winter Emergencies Condition of vehicles on routes, 72.04 Definitions, 72.01 Depositing of snow and ice restricted, 72.09 Interference with snow plows, 72.10 Owner’s responsibility, 72.07 Parking prohibition; termination, 72.03 Penalty, 72.99 Removal of parked or abandoned vehicle, 72.06 Routes designated, 72.02 Signs marking routes, 72.08 Stalled vehicle, 72.05

TRANSIENT MERCHANTS (See PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS)

TREES AND SHRUBS Obstructions prohibited, 92.02 Painting, posting and the like, 92.05 Penalty, 92.99 Permit required for planting; removal, 92.01 Trimming and pruning, 92.03 Unauthorized removal, 92.04

2017 S-11 Index 26A

TRESPASSING, 130.04

TRUANCY, 130.01

UNDERTAKERS, 128.08

WALLS (See ZONING)

WEAPONS Air Rifles Carrying or discharging on public streets, 131.12 Definitions, 131.10 Permissive possession, 131.13 Permissive sales, 131.14 Seizure and removal, 131.15 Selling, renting, or transferring to children; prohibition, 131.11 Deadly Weapons Confiscation and disposition of weapons, 131.04 Exemptions, 131.02 Unlawful possession of firearms and firearm ammunition, 131.03 Unlawful use of weapons, 131.01 Specific license requirements Blasting, 126.01 Deadly weapons dealers, 126.02 Gunpowder, explosives, petroleum and combustible materials, 126.03 Penalty, 126.99

WEEDS, 95.20

2017 S-11 26B Madison - Index

ZONING A-1 Agricultural District General, 155.035 Permitted accessory uses, 155.037 Permitted uses, 155.036 Special uses, 155.038 Abrogation and greater restrictions, 155.004 Administration and Enforcement Administrative official; powers and duties, 155.337 Board of Appeals, 155.336 Compliance required, 155.338 Permits; applications, 155.335 Prosecution, 155.340 Stop orders, 155.339 Annexed territory, 155.003 B-1 Neighborhood Business District General, 155.100 Permitted accessory uses, 155.102 Permitted uses, 155.101 Special uses, 155.103

2017 S-11 Index 27

ZONING (Cont’d) B-2 Community Business District General, 155.115 Permitted accessory uses, 155.117 Permitted uses, 155.116 Special uses, 155.118 B-3 Planned Business District General, 155.130 Permitted accessory uses, 155.133 Permitted uses, 155.132 Procedures and conditions for approval, 155.131 Special uses, 155.134 B-4 Limited Business District General, 155.145 Permitted accessory uses, 155.147 Permitted uses, 155.146 Special uses, 155.148 Buffer strips, 155.193 Completion permits, 155.006 Corners, Ch. 155, App. A Development Regulations Accessory building, 155.177 Accessory uses, 155.176 Buildings per lot; yards, 155.181 Bulk of building, 155.178 Contiguous parcels; lots, 155.185 Corner and through lots, 155.184 Division of lots, 155.186 Emergency and temporary occupancy building, 155.179 Frontage lot requirements, 155.187 General performance standards, 155.189 Individual sewer systems, 155.191 Infringement on governmental property, 155.183 Maximum height of buildings; exceptions, 155.180 Nonconforming uses, 155.188 Permitted uses, 155.190 Purpose, 155.175 Use and bulk of building, 155.182 Yards; exceptions; minimum requirements, 155.192 District Regulations District schedules, 155.021 Intent and purpose, 155.020 Map and boundaries, 155.022 Existing permits, 155.005 Fences, 155.193

2007 S-5 28 Madison - Index

ZONING (Cont’d) I-1 Industrial District Conditions of use, 155.161 General, 155.160 Permitted accessory uses, 155.163 Permitted uses, 155.162 Special uses, 155.164 Intent and purpose, 155.002 Lots, Ch. 155, App. B Minimum District Regulations, Ch. 155, App. E Off-Street Loading and Unloading Below minimum floor area, 155.291 Buffers, 155.292 General design, 155.290 Loading and unloading spaces required, 155.299 Location, 155.293 Repair and service, 155.296 Size requirements, 155.295 Spaces not for parking, 155.294 Special use; other uses, 155.297 Surfacing, 155.298 Off-Street Parking Access aisles and space requirements, 155.268 Accessory uses, 155.265 Computation, 155.266 Damage or destruction, 155.267 Existing parking and loading facilities and uses, 155.274 Ingress and egress, 155.269 Joint parking facilities, 155.275 Location of off-street parking facilities, 155.276 Lot lines, 155.270 Off-site parking facilities, 155.279 Other parking uses, 155.280 Parking and loading in business and industrial districts, 155.278 Parking and loading in residential districts, 155.277 Parking spaces required, 155.281 Screening and landscaping, 155.271 Setback, 155.272 Surfacing, 155.273 Off-Street Parking and Loading Provisions, 155.255 Penalty, 155.999

2003 S-1 Index 29

ZONING (Cont’d) Planned Unit Developments Application, 155.243 Business/planned unit development, 155.241 Combined single-/multiple-family planned unit developments, 155.237 Conditions of approval, 155.244 General, 155.235 Industrial/business planned unit development, 155.242 Multiple dwelling/planned unit development, 155.240 Multiple use planned unit developments, 155.238 Permitted uses, 155.239 Single-family planned unit developments, 155.236 R-1, R-2 and R-2A Single-Family Residence Districts General, 155.055 Permitted accessory uses, 155.057 Permitted uses, 155.056 R-2A requirements, 155.059 Special uses, 155.058 R-3 Multiple-Family Residence District General, 155.070 Permitted accessory uses, 155.072 Permitted uses, 155.071 Special uses, 155.073 R-4 Planned Residence District General, 155.085 Permitted uses, accessory uses and special uses, 155.087 Planned residential developments; compliance, 155.086 Rules and definitions, 155.007 Sign Area, Ch. 155, App. C Sign Regulations Appeals, 155.323 General requirements, 155.311 Illumination, 155.312 Maintenance, 155.321 Measurement of signs, 155.313 Permit requirements; application; nullification, 155.324 Prohibited placement, 155.314 Prohibited signs, 155.319 Purpose, 155.310 Removal of signs, 155.322 Signs in business districts, 155.316 Signs in industrial zones; size, 155.317

2003 S-1 30 Madison - Index

ZONING (Cont’d) Sign Regulations (Cont'd) Signs in residential and agricultural districts, 155.315 Tagging, 155.320 Types of signs, 155.318 Supplementary Land Use and Area Bulk Regulations Camping trailers and recreational vehicles, 155.220 Churches and places of formal worship, 155.206 Common land areas, 155.224 Drive-in theaters, 155.207 Fences, walls and hedges, 155.208 Gasoline service stations, 155.210 Junk yards, 155.212 Lighting controls, 155.213 Limitations, 155.222 Mobile home parks, 155.221 Mobile homes; parking for inspection and sales, 155.214 Plant nurseries and greenhouses, 155.215 Private and parochial schools, 155.218 Public buildings, 155.216 Public utility stations, exchanges and essential services, 155.217 Purpose, 155.205 Repair garages, 155.209 School-park dedications, 155.223 Swimming pools, 155.219 Urban home occupations, 155.211 Tiedown Requirements, Ch. 155, App. D Title, 155.001 Walls, 155.193 Zoning Map Changes, T.S.O. IX

2007 S-5 MADISON, ILLINOIS CITY OFFICIALS

2020

Mayor John W. Hamm, III

City Attorney Ron Motil Clerk of Council Patricia Howard Comptroller Scott Oney Police Chief Nicholaus Gailius Fire Chief Jeffery Bridick Deputy Clerk Dawn L. Davis Administrative Assistant Sue Beatte

COUNCIL MEMBERS

Mark Crochrell Jim Riskovsky Harvey Haynes James Gardner Steve Hampsey Dreeta Jenkins Jeff Bridick Mike Vrabec

CITY OF MADISON, ILLINOIS 615 Madison Avenue Madison, IL 62060 618-876-6268 618-877-4907 (fax) www.cityofmadisonil.com

2021 S-13

PARALLEL REFERENCES

References to Illinois Compiled Statutes References to Resolutions References to Ordinances

1 2 Madison - Parallel References REFERENCES TO ILLINOIS COMPILED STATUTES

ILCS Cite Code Section

Ch. 5, Act 70, § 1.01 10.04 Ch. 5, Act 70, § 1.02 10.04 Ch. 5, Act 70, § 1.03 10.04 Ch. 5, Act 70, § 1.04 10.04 Ch. 5, Act 70, § 1.05 10.02 Ch. 5, Act 70, § 1.07 10.02 Ch. 5, Act 70, § 1.08 10.02 Ch. 5, Act 70, § 1.09 10.04 Ch. 5, Act 70, § 1.10 10.02 Ch. 5, Act 70, § 1.11 10.04 Ch. 5, Act 70, § 1.12 10.02 Ch. 5, Act 70, § 1.15 10.02 Ch. 5, Act 70, § 1.16 10.02 Ch. 5, Act 70, § 1.17 10.02 Ch. 5, Act 70, § 1.20 10.02 Ch. 5, Act 70, § 1.24 10.02 Ch. 5, Act 70, § 1.28 10.02 Ch. 5, Act 70, § 1.29 10.02 Ch. 5, Act 70, § 2 10.04 Ch. 5, Act 175, §§ 1-101 et seq. 10.02 Ch. 5, Act 315, § 3 40.01 Ch. 5, Act 425, § 35 37.002 Ch. 5, Act 425, § 45(a)(6) 37.003 Ch. 10, Act 5, §§ 1-3 40.01 Ch. 10, Act 5, § 9-1.4 40.01 Ch. 10, Act 5, § 9-3 40.01 Ch. 20, Act 2910, §§ 0.01 et seq. 131.02 Ch. 20, Act 3305, §§ 1 et seq. 39.01, 39.03, 39.09, 39.12 Ch. 35 Ch. 124 Ch. 35, Act 630, §§ 1 et seq. 124.01, 124.04 Ch. 35, Act 635, § 10 124.01 Ch. 35, Act 635, § 20 124.03 Ch. 45, Act 140, § 0.01 et seq. 157.01 Ch. 55, Act 5, § 3-9005 131.02 Ch. 55, Act 150, §§ 1 et seq. 37.090

3 2019 S-12 4 Madison - Parallel References

ILCS Cite Code Section

Ch. 65, Act 5 32.01, 32.04, 10.02 Ch. 65, Act 5, § 1-1-2 10.02 Ch. 65, Act 5, § 1-2-1 10.99, 36.24, 153.01, 156.99 Ch. 65, Act 5, § 1-2-1.1 10.99 Ch. 65, Act 5, § 1-2-3 Adopt. Ord. Ch. 65, Act 5, §§ 1-2.2-1 et seq., Div. 2.2 36.15 Ch. 65, Act 5, § 3.1-30-10 31.01 Ch. 65, Act 5, § 3.1-35-90 31.01 Ch. 65, Act 5, § 3.1-35-95 31.01 Ch. 65, Act 5, § 8-11-17 124.01 Ch. 65, Act 5, § 8-11-22 33.26 Ch. 65, Act 5, § 11-6-5 39.13 Ch. 65, Act 5, § 11-6-6 39.13 Ch. 65, Act 5, § 11-6-10 39.14 Ch. 65, Act 5, § 11-12-5 156.02 Ch. 65, Act 5, § 11-13-1 153.01 Ch. 65, Act 5, § 11-19-4 50.03 Ch. 65, Act 5, § 11-20-7 95.20 Ch. 65, Act 5, § 11-30-2 153.01 Ch. 65, Act 5, § 11-30-8 153.01 Ch. 65, Act 5, § 11-31-2 153.01 Ch. 65, Act 5, § 11-31.1 36.16, 150.15 Ch. 65, Act 5, §§ 11-31.1 et seq. 150.17, 150.26 Ch. 65, Act 5, §§ 11-31.1 et seq., Div. 31.1 36.17 Ch. 65, Act 5, §§ 11-74.4-1 et seq. 33.40 Ch. 65, Act 5, § 11-74.4-4.2 33.40 Ch. 65, Act 5, § 74-4-5(a) 33.49 Ch. 65, Act 5, § 74-4-5(c) 33.49 Ch. 65, Act 5, § 74-4.5(a) 33.49 Ch. 65, Act 5, § 74.4-5(d) 33.49 Ch. 65, Act 5, § 74.4-5(d)(9) 33.49 Ch. 65, Act 5, § 74.4-6(e) 33.49 Ch. 70, Act 2605, § 1 et seq. 157.01 Ch. 105, Act 5, § 10-19.1 130.01 Ch. 122, Act 26 130.01 Ch. 210, Act 120, §§ 1 et seq. 153.16 Ch. 220, Act 5, § 9-202 124.01, 124.04 Ch. 220, Act 5, § 9-221 124.01, 124.04 Ch. 220, Act 5, § 9-222 124.01, 124.04

2021 S-13 References to Illinois Compiled Statutes 5

ILCS Cite Code Section

Ch. 220, Act 5, § 9-222.1 124.01, 124.04 Ch. 225, Act 10 93.16 Ch. 225, Act 101 93.16 Ch. 225, Act 460, §§ 1 et seq. 130.02 Ch. 230, Act 40, §§ 1 et seq. 111.04 Ch. 230, Act 40, § 5 122.077 Ch. 230, Act 40, §§ 5 et seq. 122.077 Ch. 230, Act 40, § 60(a) 122.079 Ch. 230, Act 50, §§ 5 et seq. 122.076 Ch. 415, Act 5, § 1 et seq. 157.01 Ch. 415, Act 5, § 3.360 132.01, 132.02 Ch. 415, Act 5, § 21(r)(2), (r)(3) 157.01 Ch. 415, Act 5, § 22.2 157.01 Ch. 415, Act 5, § 22.38 157.01 Ch. 415, Act 5, § 39.2 157.01, 157.04 Ch. 415, Act 5, § 39.2(a) 157.04 Ch. 415, Act 5, § 55.3 157.01 Ch. 415, Act 105, § 3 132.01 Ch. 415, Act 105, § 4 132.02 Ch. 415, Act 105, § 5 132.03 Ch. 415, Act 105, § 6 132.04 Ch. 415, Act 105, § 8 132.02—132.04, 132.07 Ch. 415, Act 105, § 9 132.05 Ch. 415, Act 105, § 10 132.06 Ch. 425, Act 25, § 3 et seq. 93.15 Ch. 430, Act 65, §§ 0.01—16.3 Ch. 131 Ch. 505, Act 100, § 2(5) 95.20 Ch. 625 70.01, 70.99 Ch. 625, Act 5 36.16, 36.17 Ch. 625, Act 5, §§ 1-100 et seq. 132.01 Ch. 625, Act 5, § 1-188 10.02 Ch. 625, Act 5, § 3-815(b) 70.45 Ch. 625, Act 5, § 3-815(c) 70.45 Ch. 625, Act 5, § 3-818 70.45 Ch. 625, Act 5, §§ 4-203 et seq. 90.07 Ch. 625, Act 5, § 6-306.5 73.02, 73.05 Ch. 625, Act 5, § 11-208.3 73.02, 73.04, 73.14 Ch. 625, Act 5, § 11-208.3(f) 73.05 Ch. 625, Act 5, §§ 11-500—11-502 70.17 Ch. 625, Act 5, § 11-1306 73.04 Ch. 625, Act 5, § 11-1426.1 70.17

2021 S-13 6 Madison - Parallel References

ILCS Cite Code Section

Ch. 625, Act 5, § 12-709 70.17 Ch. 625, Act 5, § 12-712 70.45 Ch. 625, Act 5, § 12-713 70.45 Ch. 625, Act 5, § 15-102 70.46, 70.48 Ch. 625, Act 5, § 15-103 70.46 Ch. 625, Act 5, § 15-107 70.46, 70.48 Ch. 625, Act 5, § 15-111 70.45, 70.46, 70.48 Ch. 625, Act 5, § 15-111(a) 70.45, Ch. 74, Sched. VII Ch. 625, Act 5, § 15-111(b) 70.45, Ch. 74, Sched. VII Ch. 625, Act 5, § 15-111(f) 70.49 Ch. 625, Act 5, § 15-316 70.46, 70.48 Ch. 625, Act 5, § 15-317 70.46 Ch. 625, Act 5, § 20-204 70.01 Ch. 720, Act 5, § 21-1 130.05 Ch. 720, Act 5, § 21-3 130.04 Ch. 720, Act 5, § 24-1(a)(1)-(3), (5), (8), (11) 131.01 Ch. 720, Act 5, § 24-1(a)(6) 131.01 Ch. 720, Act 5, § 24-1(a)(7) 131.01 Ch. 720, Act 5, § 24-1(a)(9) 131.01 Ch. 720, Act 5, § 24-1(c)(2) 131.01 Ch. 720, Act 5, § 24-1(e) 131.01 Ch. 720, Act 5, § 24-2(a), (d), (e), (g)-(i) 131.02 Ch. 720, Act 5, § 24-3.1 131.03 Ch. 720, Act 5, § 24-6 131.04 Ch. 720, Act 5, §§ 28-1 et seq. 122.015 Ch. 720, Act 5, § 28-2 122.015 Ch. 720, Act 5, § 24.8-0.1 131.10 Ch. 720, Act 5, § 24.8-1 131.11 Ch. 720, Act 5, § 24.8-2 131.12 Ch. 720, Act 5, § 24.8-3 131.13, 131.14 Ch. 720, Act 5, § 24.8-4 131.14 Ch. 720, Act 5, § 24.8-5 131.15 Ch. 720, Act 545, §§ 0.01—7 Ch. 131 Ch. 720, Act 550, §§ 1 et seq. 36.04 Ch. 720, Act 550, §§ 3 et seq. 132.20 Ch. 720, Act 570, §§ 100 et seq. 36.04, 132.20 Ch. 720, Act 570, §§ 102 et seq. 132.20

2021 S-13 Reference to Illinois Compiled Statutes 6A

ILCS Cite Code Section

Ch. 720, Act 600, §§ 1 et seq. 132.22 Ch. 725, Act 5, § 112A-3 130.04 Ch. 725, Act 5, § 112A-14(b) 130.04 Ch. 725, Act 210, §§ 1 et seq. 131.01 Ch. 730, Act 5, § 1 et seq. 133.01 Ch. 730, Act 5, § 5-6-1 36.04 Ch. 730, Act 5, § 10-1 133.01 Ch. 730, Act 5, § 10-2 133.01 Ch. 730, Act 5, § 10-3 133.01 Ch. 730, Act 5, § 10-3.1 133.01 Ch. 730, Act 5, § 10-5(b)(10) 133.01 Ch. 730, Act 5, § 10-7 133.01 Ch. 730, Act 5, § 11-6 133.01 Ch. 730, Act 5, § 11-9 133.01 Ch. 730, Act 5, § 11-9.1 133.01 Ch. 730, Act 5, § 11-15.1 133.01 Ch. 730, Act 5, § 11-18.1 133.01 Ch. 730, Act 5, § 11-19.2 133.01 Ch. 730, Act 5, § 11-20.1 133.01 Ch. 730, Act 5, § 12-13 133.01 Ch. 730, Act 5, § 12-14 133.01 Ch. 730, Act 5, § 12-14.1 133.01 Ch. 730, Act 5, § 12-16 133.01 Ch. 730, Act 152, § 101 et seq. 133.01 Ch. 735, Act 4, § 15-1505.8(l) 130.04 Ch. 735, Act 5, § 15-1200.5 130.04 Ch. 735, Act 5, § 2-203 73.14, 150.28 Ch. 735, Act 5, §§ 3-101 et seq. 37.018, 73.11, 73.12, 150.27 Ch. 740, Act 147, § 10 36.04 Ch. 745, Act 10, § 1-101 156.05 Ch. 765, Act 205 156.54 Ch. 765, Act 205, § 1 156.02, 156.22, 156.81 Ch. 765, Act 205, § 2 153.17 Ch. 765, Act 205, § 5 156.99 Ch. 765, Act 205, § 11 156.99

2021 S-13 Repl. 6B Madison - Parallel References REFERENCES TO RESOLUTIONS

Res. No. Date Passed Code Section

01-05 2-13-2001 T.S.O. I 01-06 2-13-2001 T.S.O. I 01-07 2-13-2001 T.S.O. I 01-08 2-13-2001 T.S.O. I 01-09 2-13-2001 T.S.O. I 01-10 2-13-2001 T.S.O. I 01-11 2-13-2001 T.S.O. I 01-12 2-27-2001 T.S.O. III 01-14 3-13-2001 T.S.O. III 01-15 3-13-2001 T.S.O. III 01-16 3-13-2001 T.S.O. I 01-19 4-24-2001 T.S.O. I 01-21 4-24-2001 T.S.O. I 01-25 5-22-2001 T.S.O. III 01-27 6-5-2001 T.S.O. I 01-28 6-5-2001 T.S.O. I 01-29 6-5-2001 T.S.O. I 01-30 6-5-2001 T.S.O. I 01-31 6-5-2001 T.S.O. I 01-32 6-19-2001 T.S.O. III 01-35 6-19-2001 T.S.O. I 01-36 6-19-2001 T.S.O. I 01-37 6-19-2001 T.S.O. I 01-39 7-17-2001 T.S.O. III 01-40 7-17-2001 T.S.O. III 01-41 7-17-2001 T.S.O. III 01-43 7-17-2001 T.S.O. I 01-45 7-31-2001 T.S.O. III 01-46 7-31-2001 T.S.O. III 01-47 9-11-2001 T.S.O. III 01-50 9-11-2001 T.S.O. I 01-51 9-11-2001 T.S.O. I 01-52 9-11-2001 T.S.O. I

2017 S-11 8 Madison - Parallel References

Res. No. Date Passed Code Section

01-54 9-11-2001 T.S.O. I 01-55 9-11-2001 T.S.O. I 01-56 9-11-2001 T.S.O. I 01-57 9-11-2001 T.S.O. I 01-58 9-11-2001 T.S.O. I 01-59 9-11-2001 T.S.O. I 01-60 9-11-2001 T.S.O. I 01-61 9-11-2001 T.S.O. I 01-62 9-11-2001 T.S.O. I 01-63 9-11-2001 T.S.O. I 01-64 9-25-2001 T.S.O. III 01-65 9-25-2001 T.S.O. I 01-66 10-9-2001 T.S.O. XII 01-67 10-9-2001 T.S.O. III 01-68 10-9-2001 37.050 01-69 10-9-2001 T.S.O. III

2019 S-12 REFERENCES TO ORDINANCES

Ord. No. Date Passed Code Section

— 4-18-1918 T.S.O. VIII — - -1962 T.S.O. IV — 3-13-2001 T.S.O. III 66 9-7-1896 T.S.O. IV 140 10-15-1906 T.S.O. III 142 11-19-1906 T.S.O. VIII 143 11-19-1906 T.S.O. XII 144 11-19-1906 T.S.O. VI 146 2-4-1907 95.23 150 6-3-1907 T.S.O. IV 152 6-18-1907 T.S.O. VIII 174 2-15-1909 T.S.O. VIII 175 5-6-1909 T.S.O. II 176 2-6-1905 T.S.O. IV 180 5-24-1909 T.S.O. IV 181 6-7-1909 95.22 185 7-19-1909 T.S.O. VIII 193 8-20-1920 T.S.O. VIII 194 8-30-1910 T.S.O. VIII 195 9-7-1910 T.S.O. VIII 200 4-1-1911 T.S.O. IV 202 4-25-1911 T.S.O. VI 208 7-6-1911 T.S.O. VIII 209 7-6-1911 T.S.O. VIII 210 7-6-1911 T.S.O. VIII 212 7-6-1911 T.S.O. VIII 213 7-6-1911 T.S.O. VIII 214 7-6-1911 T.S.O. VIII 215 7-18-1911 T.S.O. VI 217 8-30-1911 T.S.O. VIII 218 8-30-1911 T.S.O. VIII 221 1-2-1912 T.S.O. V 227 9-6-1912 95.21 228 - - T.S.O. VIII

9 10 Madison - Parallel References

Ord. No. Date Passed Code Section

229 1-2-1913 T.S.O. VII 238 9-23-1913 T.S.O. VIII 243 9-23-1913 T.S.O. VIII 244 9-23-1913 T.S.O. VIII 247 7-17-1914 T.S.O. XII 248 8-28-1914 T.S.O. VIII 249 10-20-1914 T.S.O. VIII 254 2-22-1916 T.S.O. VIII 263 4-3-1917 T.S.O. IV 287 7-2-1919 T.S.O. IV 307 12-6-1921 T.S.O. XII 308 12-13-1921 T.S.O. VI 319 - -1923 T.S.O. III 328 11-20-1923 T.S.O. VIII 329 3-8-1924 T.S.O. VIII 330 3-24-1924 T.S.O. VIII 331B 5-6-1924 T.S.O. VI 332 5-28-1924 T.S.O. VIII 334 3-22-1924 T.S.O. VIII 342 4-30-1925 T.S.O. XII 345 7- -1925 T.S.O. IV 351 6-22-1925 T.S.O. VIII 352 - - T.S.O. VIII 354 10-21-1925 T.S.O. VIII 355 11-17-1925 T.S.O. VIII 356 1-12-1926 T.S.O. VI 357 4-6-1925 T.S.O. XII 360 - - T.S.O. VIII 361 6-15-1926 T.S.O. VIII 362 6-15-1926 T.S.O. VIII 363 6-15-1926 T.S.O. VIII 364 6-15-1926 T.S.O. IV 365 6-15-1926 T.S.O. III 371 10-26-1926 T.S.O. IV 372 12-8-1926 T.S.O. III 373 12-17-1926 T.S.O. VI 381 9-6-1927 T.S.O. IV 382 9-6-1927 T.S.O. IV 389 9-20-1929 T.S.O. VIII References to Ordinances 11

Ord. No. Date Passed Code Section

391 1-14-1928 T.S.O. IV 409 9-3-1929 T.S.O. VII 410 10-1-1929 T.S.O. VIII 411 10-1-1928 T.S.O. VIII 414 - - T.S.O. VIII 416 7-8-1930 T.S.O. VIII 427 5-12-1931 T.S.O. IV 441 10-11-1932 121.01—121.04 452 2-20-1934 T.S.O. IV 462 3-7-1935 T.S.O. IV 463 5-7-1935 T.S.O. VI 479 12-1-1936 T.S.O. IV 480 12-29-1936 113.03 495 7-13-1937 Ch. 75, Sched. II 504 3-22-1938 T.S.O. III 513 5-23-1939 T.S.O. III 527 1- -1941 T.S.O. III 543 1-13-1942 T.S.O. III 544 3-4-1942 T.S.O. III 548 5-22-1942 T.S.O. VI 549 6-16-1942 30.01—30.10 551 6-16-1942 32.35—32.45 556 8-11-1942 96.02 557 8-25-1942 32.60—32.78 562 - - 110.01—110.08, 110.10—110.15, 113.04, 122.001, 122.999, 123.01, 123.99 576 6-16-1942 32.35—32.45 583 3-13-1945 T.S.O. III 589 12-18-1945 T.S.O. III 593 4-23-1946 37.065—37.067 598 8-14-1946 122.055—122.060, 122.062, 122.999 601 5-13-1947 32.37 614 3-30-1948 T.S.O. III 615 3-30-1948 T.S.O. III 616 3-30-1948 96.01 618 6-22-1948 115.35—115.38 622 8-31-1948 T.S.O. VI

2019 S-12 12 Madison - Parallel References

Ord. No. Date Passed Code Section

623 9-28-1948 115.35—115.38 625 11-9-1948 T.S.O. IV 626 11-10-1948 T.S.O. IV 627 11-9-1948 T.S.O. III 628 11-9-1948 T.S.O. III 631 3-15-1949 T.S.O. III 638 8-30-1949 T.S.O. V 639 9-13-1949 T.S.O. III 641 11-8-1949 Ch. 75, Sched. II 646 2-13-1951 32.60 648 5-8-1951 T.S.O. II 650 7-3-1951 T.S.O. III 656 1-23-1951 51.03 657 12-4-1951 T.S.O. III 658 12-4-1951 T.S.O. VI 671 4-22-1952 T.S.O. III 673 7-1-1952 Ch. 74, Sched. IV 673 5-6-1952 T.S.O. VI 674 7-1-1952 Ch. 74, Scheds. IV, VIII 677 11-18-1952 Ch. 75, Sched. II 680 5-5-1953 32.20—32.23 684 6-30-1953 Ch. 75, Sched. II 692 2-22-1955 Ch. 75, Sched. II 693 5-3-1955 120.01—120.11 694 5-17-1955 116.01—116.10 698 8-9-1955 Ch. 74, Sched. VII 704 9-4-1956 T.S.O. XII 706 9-4-1956 37.065—37.067 708 12-11-1956 92.01—92.05 717 10-7-1958 T.S.O. III 718 10-7-1958 T.S.O. III 719 - - T.S.O. III 720 2-24-1959 115.20—115.24 721 2-24-1959 113.02 723 7-28-1959 Ch. 74, Sched. VIII 725 9-22-1959 Ch. 74, Sched. VI; Ch. 75, Sched. II 728 12-1-1959 T.S.O. III 729 1-12-1960 T.S.O. XII 730 1-26-1960 Ch. 74, Sched. IX

2019 S-12 References to Ordinances 13

Ord. No. Date Passed Code Section

732 - - T.S.O. III 738 - - T.S.O. XII 741 12-13-1960 112.01—112.09, 112.99 743 1-24-1961 T.S.O. II 745 3-28-1961 Ch. 75, Sched. II 747 3-28-1969 Ch. 74, Sched. IX 754 11-14-1961 91.20—91.29 755 2-21-1962 Ch. 74, Sched. III 758 9-4-1962 Ch. 75, Sched. II 760 1-8-1963 T.S.O. IV 762 1-22-1963 T.S.O. VI 763 1-22-1963 T.S.O. XII 765 - - 95.01—95.07, 95.24—95.33 767 4-15-1964 T.S.O. XII 768 4-28-1964 Ch. 74, Sched. IX 769 5-12-1964 118.01—118.03 770 5-25-1964 113.01 771 7-7-1964 T.S.O. III 773 7-7-1964 T.S.O. VI 774 7-7-1964 T.S.O. XII 776 11-10-1964 T.S.O. II 778 7-27-1965 T.S.O. III 779 8-10-1965 51.02 781 11-2-1965 T.S.O. V 782 11-30-1965 32.01—32.07 785 5-17-1966 T.S.O. V 786 5-17-1966 T.S.O. V 790 11-1-1966 Ch. 75, Sched. II 792 3-7-1967 31.01 794 4-13-1967 T.S.O. XII 798 7-25-1967 T.S.O. III 802 11-14-1967 T.S.O. III 803 11-14-1967 T.S.O. XII 804 11-14-1967 T.S.O. VII 805 2-20-1968 T.S.O. II 807 4-30-1968 Ch. 75, Sched. II 810 10-16-1968 T.S.O. III 811 6-26-1973 T.S.O. III 812 2-18-1969 35.35—35.40 14 Madison - Parallel References

Ord. No. Date Passed Code Section

813 2-18-1969 T.S.O. III 814 4-1-1969 Ch. 74, Scheds. V, VI 819 5-13-1969 130.03, 130.99 825 8-19-1962 T.S.O. IV 826 10-7-1958 T.S.O. III 827 - - T.S.O. III 833 1-20-1970 Ch. 75, Sched. II 835 1-20-1970 Ch. 74, Sched. IX 836 - - T.S.O. III 837 3-17-1970 T.S.O. IV 838 - - T.S.O. III 844 9-1-1970 37.037 845 - - T.S.O. II 858 3-14-1972 Ch. 74, Sched. IV 859 3-14-1972 Ch. 74, Sched. IV 860 3-28-1972 Ch. 74, Sched. IV 861 3-28-1972 Ch. 74, Sched. IV 862 3-28-1972 Ch. 74, Sched. IV 863 3-28-1972 Ch. 74, Sched. IV 864 3-28-1972 Ch. 74, Sched. IV 865 5-9-1972 Ch. 74, Sched. IV 866 6-20-1972 96.01 869 10-24-1972 Ch. 74, Sched. IV 870 10-24-1972 Ch. 74, Sched. IV 871 10-24-1972 Ch. 74, Sched. IV 872 11-22-1972 Ch. 74, Sched. IV 873 1-16-1973 Ch. 74, Sched. IV 875 6-26-1973 117.20—117.28, 117.45 876 - - T.S.O. III 879 10-9-1973 95.45—95.51 880 10-9-1973 Ch. 74, Sched. IV 881 10-9-1973 Ch. 74, Sched. IV 882 10-9-1973 Ch. 74, Sched. IV 883 10-9-1973 122.035—122.041, 122.999 884 12-4-1973 154.01—154.09, 154.99 885 1-2-1974 152.001—152.004, 152.015—152.026, 152.035, 152.036, 152.045—152.047, 152.060—152.065, 152.075, 152.077—152.087, 152.100—152.106, 154.076

2019 S-12 References to Ordinances 15

Ord. No. Date Passed Code Section

887, § 1.1 - - 155.001 887, § 1.2 - - 155.002 887, § 1.3 - - 155.003 887, § 1.4 - - 155.004 887, § 1.5 - - 155.006 887, § 1.8 - - 155.007 887, § 1.9, Fig. 1 - - Ch. 155, App. A 887, § 1.9, Fig. 2 - - Ch. 155, App. B 887, § 1.9, Figs. 3, 4 - - Ch. 155, App. C 887, § 1.9, Fig. 5 - - Ch. 155, App. D 887, § 1.401 - - 155.005 887, § 2.1 - - 155.020 887, § 2.2 - - 155.021 887, § 2.3 - - 155.022 887, § 2.4 - - 155.035 887, § 2.5 - - 155.055 887, § 2.6 - - 155.070 887, § 2.7 - - 155.085 887, § 2.8 - - 155.100 887, § 2.9 - - 155.115 887, § 2.10 - - 155.130 887, § 2.11 - - 155.145 887, § 2.12 - - 155.160 887, § 2.201 - - Ch. 155, App. E 887, § 2.202 - - Ch. 155, App. E 887, § 2.401 - - 155.036 887, § 2.402 - - 155.037 887, § 2.403 - - 155.038 887, § 2.501 - - 155.056 887, § 2.502 - - 155.057 887, § 2.503 - - 155.058 887, § 2.601 - - 155.071 887, § 2.602 - - 155.072 887, § 2.603 - - 155.073 887, § 2.701 - - 155.086 887, § 2.702 - - 155.087 887, § 2.801 - - 155.101 887, § 2.802 - - 155.102 887, § 2.803 - - 155.103 16 Madison - Parallel References

Ord. No. Date Passed Code Section

887, § 2.901 - - 155.116 887, § 2.902 - - 155.117 887, § 2.903 - - 155.118 887, § 2.1001 - - 155.131 887, § 2.1002 - - 155.132 887, § 2.1003 - - 155.133 887, § 2.1004 - - 155.134 887, § 2.1101 - - 155.146 887, § 2.1102 - - 155.147 887, § 2.1103 - - 155.148 887, § 2.1201 - - 155.161 887, § 2.1202 - - 155.162 887, § 2.1203 - - 155.163 887, § 2.1204 - - 155.164 887, § 3.1 - - 155.175 887, § 3.2 - - 155.176 887, § 3.3 - - 155.177 887, § 3.4 - - 155.178 887, § 3.5 - - 155.179 887, § 3.6 - - 155.180 887, § 3.7 - - 155.181 887, § 3.8 - - 155.182 887, § 3.9 - - 155.183 887, § 3.10 - - 155.184 887, § 3.11 - - 155.185 887, § 3.12 - - 155.186 887, § 3.13 - - 155.187 887, §§ 3.14—3.20 - - 155.188 887, § 3.21 - - 155.189 887, § 3.22 - - 155.190 887, § 3.23 - - 155.191 887, §§ 3.24—3.27 - - 155.192 887, § 3.201 - - 155.176 887, § 4.1 - - 155.205 887, § 4.2 - - 155.206 887, § 4.3 - - 155.207 887, § 4.4 - - 155.208 887, § 4.5 - - 155.209 887, § 4.6 - - 155.210 References to Ordinances 17

Ord. No. Date Passed Code Section

887, § 4.7 - - 155.211 887, § 4.8 - - 155.212 887, § 4.9 - - 155.213 887, § 4.10 - - 155.214 887, § 4.11 - - 155.215 887, § 4.12 - - 155.216 887, § 4.13 - - 155.217 887, § 4.14 - - 155.218 887, § 4.15 - - 155.219 887, § 4.16 - - 155.220 887, § 4.17 - - 155.221 887, § 4.18 - - 155.235 887, § 4.19 - - 155.235 887, § 4.20 - - 155.222 887, § 4.21 - - 155.223 887, § 4.22 - - 155.237 887, § 4.23 - - 155.238 887, § 4.24 - - 155.239 887, § 4.25 - - 155.240 887, § 4.26 - - 155.241 887, § 4.27 - - 155.242 887, § 4.28 - - 155.243 887, § 4.29 - - 155.244 887, § 4.30 - - 155.224 887, § 4.31 - - 155.224 887, § 5.1 - - 155.255 887, § 5.2 - - 155.265 887, § 5.3 - - 155.266 887, § 5.4 - - 155.267 887, § 5.5 - - 155.268 887, § 5.6 - - 155.269 887, § 5.7 - - 155.270 887, § 5.8 - - 155.271 887, § 5.9 - - 155.272 887, § 5.10 - - 155.273 887, § 5.11 - - 155.274 887, § 5.12 - - 155.275 887, § 5.13 - - 155.276 887, § 5.14 - - 155.277 18 Madison - Parallel References

Ord. No. Date Passed Code Section

887, § 5.15 - - 155.278 887, § 5.16 - - 155.279 887, § 5.17 - - 155.280 887, § 5.18 - - 155.281 887, § 5.19 - - 155.290 887, § 5.20 - - 155.291 887, § 5.21 - - 155.292 887, § 5.22 - - 155.293 887, § 5.23 - - 155.294 887, § 5.24 - - 155.295 887, § 5.25 - - 155.296 887, § 5.26 - - 155.297 887, § 5.27 - - 155.298 887, § 5.28 - - 155.299 887, § 6.1 - - 155.310 887, § 6.2 - - 155.311 887, § 6.3 - - 155.312 887, § 6.4 - - 155.313 887, § 6.5 - - 155.314 887, § 6.6 - - 155.315 887, § 6.7 - - 155.316 887, § 6.8 - - 155.317 887, §§ 6.9—6.22 - - 155.318 887, § 6.23 - - 155.319 887, § 6.24 - - 155.320 887, § 6.25 - - 155.321 887, § 6.26 - - 155.322 887, § 6.27 - - 155.323 887, §§ 6.28—6.30 - - 155.324 887, §§ 7.1—7.11 - - 155.335 887, §§ 8.1—8.16 - - 155.336 887, § 9.1 - - 155.337 887, § 9.2 - - 155.337 887, § 9.3 - - 155.338 887, § 9.4 - - 155.339 887, § 9.5 - - 155.340 887, § 9.6 - - 155.999 888 5-7-1974 117.40—117.45, 117.99 889 5-21-1974 Ch. 74, Sched. IV References to Ordinances 19

Ord. No. Date Passed Code Section

895 1-28-1974 35.01—35.18 897 - - T.S.O. III 899 8-12-1975 Ch. 74, Sched. IV 900 8-12-1975 Ch. 74, Sched. IV 903 9-9-1975 51.01 904 9-9-1975 Ch. 75, Sched. II 905 - - T.S.O. VIII 906 - - T.S.O. V 907 - - T.S.O. VI 908 - - T.S.O. VI 909 11-5-1975 T.S.O. XII 911 3-23-1976 Ch. 74, Sched. IV 914 6-29-1976 Ch. 74, Sched. IV 922 10-5-1977 Ch. 74, Sched. IV 923 11-2-1976 Ch. 74, Sched. IV 924 11-17-1976 Ch. 74, Sched. IV 925 11-20-1976 Ch. 74, Sched. IV 926 12-14-1976 T.S.O. VII 928 - - T.S.O. IV 929 1-11-1977 Ch. 74, Sched. IV 930 3-9-1977 T.S.O. III 934 5-3-1977 T.S.O. IV 936 6-14-1977 Ch. 74, Sched. IV 938 7-26-1977 Ch. 74, Sched. IV 941 1-10-1977 T.S.O. III 942 - - T.S.O. IV 955 9-18-1979 Ch. 74, Sched. IV 956 9-18-1979 Ch. 74, Sched. IV 958 8-19-1979 T.S.O. III 959 10-30-1979 T.S.O. III 960 1-8-1980 T.S.O. III 961 4-1-1980 130.02, 130.99 962 - - T.S.O. II 966 10-28-1980 T.S.O. III 968 11-25-1980 35.25 969 11-25-1980 155.221 980 - - T.S.O. II 987 - - T.S.O. IX 996 - - T.S.O. III 20 Madison - Parallel References

Ord. No. Date Passed Code Section

997 - - T.S.O. III 1001 - - T.S.O. III 1002 - - T.S.O. III 1003 - - T.S.O. III 1004 - - T.S.O. III 1005 - - T.S.O. III 1008 6-8-1982 Ch. 74, Sched. I 1009 6-8-1982 Ch. 75, Sched. II 1010 6-8-1982 T.S.O. V 1013 9-14-1982 Ch. 75, Sched. II 1014 9-14-1982 T.S.O. V 1016 10-12-1982 T.S.O. V 1018 - - T.S.O. VIII 1019 11-9-1982 Ch. 75, Sched. II 1020 11-9-1982 T.S.O. V 1021 - - T.S.O. III 1022 - - T.S.O. III 1024 - - T.S.O. III 1031 - - T.S.O. III 1031 12-7-1982 T.S.O. III 1032 - - T.S.O. III 1033 10-25-1983 Ch. 74, Sched. IV 1034 - - T.S.O. III 1035 10-25-1983 130.01, 130.99 1037 - - T.S.O. III 1039 - - T.S.O. III 1040 - - T.S.O. III 1045 - - T.S.O. III 1047 - - T.S.O. II 1048 - - T.S.O. IV 1049 - - T.S.O. III 1050 - - T.S.O. II 1052 10-22-1984 T.S.O. V 1053 10-22-1984 Ch. 75, Sched. II 1054 - - T.S.O. II 1055 - - T.S.O. II 1058 - - T.S.O. II 1059 12-4-1984 T.S.O. XI 1060 - - T.S.O. II References to Ordinances 21

Ord. No. Date Passed Code Section

1061 - - T.S.O. II 1062 - - T.S.O. IV 1063 - - T.S.O. III 1064 - - T.S.O. II 1065 - - T.S.O. II 1066 - - T.S.O. II 1067 - - T.S.O. XII 1068 - - T.S.O. II 1069 - - T.S.O. III 1070 - - T.S.O. III 1071 - - T.S.O. II 1072 - - T.S.O. II 1073 - - T.S.O. II 1074 - - T.S.O. II 1075 - - T.S.O. II 1076 - - T.S.O. II 1077 - - T.S.O. II 1079 - - T.S.O. III 1080 - - T.S.O. II 1082 - - T.S.O. III 1083 - - T.S.O. III 1084 - - T.S.O. II 1093 12-3-1985 Ch. 74, Sched. IV 1094 12-3-1985 Ch. 74, Sched. IV 1095 12-3-1985 Ch. 74, Sched. IV 1096 - - T.S.O. IX 1098 5-6-1986 T.S.O. IV 1102 7-15-1986 152.001—152.004, 152.015—152.026, 152.035, 152.036, 152.045—152.047, 152.060—152.065, 152.075—152.087, 152.100—152.106 1104 8-26-1986 T.S.O. III 1106 9-9-1986 T.S.O. III 1107 9-23-1986 T.S.O. III 1109 10-21-1986 T.S.O. III 1110 2-24-1987 34.01—34.10 1111 5-19-1987 T.S.O. XII 1112 6-2-1987 T.S.O. IV 22 Madison - Parallel References

Ord. No. Date Passed Code Section

1113 6-16-1987 T.S.O. XI 1114 6-16-1987 122.015—122.023 1115 - - T.S.O. II 1116 - - T.S.O. VIII 1117 - - T.S.O. III 1119 - - T.S.O. II 1123 - - T.S.O. III 1124 10-20-1987 37.038 1126 - - T.S.O. XI 1126 11-23-1993 Ch. 75, Sched. I 1127 - - T.S.O. XII 1128 - - T.S.O. II 1129 - - T.S.O. III 1133 8-23-1988 Ch. 75, Sched. II 1134 - - T.S.O. II 1135 10-18-1988 Ch. 75, Sched. II 1136 10-18-1988 Ch. 75, Sched. II 1138 - - T.S.O. II 1139 - - T.S.O. III 1140 2-21-1989 117.01—117.08 1141 - - T.S.O. II 1143 - - T.S.O. III 1144 5-2-1989 Ch. 74, Sched. I 1145 5-2-1989 Ch. 74, Sched. I 1146 5-2-1989 Ch. 75, Sched. II 1147 5-2-1989 Ch. 75, Sched. II 1148 - - T.S.O. III 1153 8-30-1989 97.01—97.04, 97.06, 97.20—97.25, 97.35—97.46, 97.99 1154 9-5-1989 155.007, 155.035—155.038, 155.176, 155.208, 155.211, 155.219 1155 - - T.S.O. IX 1156 9-5-1989 71.01—71.08, 71.99 1158 10-3-1989 Ch. 74, Sched. III 1160 2-20-1990 72.01—72.10, 72.99 1161 4-3-1990 Ch. 74, Sched. II 1163 - - T.S.O. XI 1165 - - T.S.O. III 1166 - - T.S.O. II

2019 S-12 References to Ordinances 23

Ord. No. Date Passed Code Section

1167 - - T.S.O. II 1168 - - T.S.O. II 1169 - - T.S.O. II 1170 - - T.S.O. II 1171 - - T.S.O. II 1172 10-2-1990 T.S.O. III 1174 - - T.S.O. II 1175 - - T.S.O. II 1176 - - T.S.O. III 1177 - - T.S.O. II 1178 - - T.S.O. II 1179 - - T.S.O. II 1180 - - T.S.O. II 1184 1-22-1991 T.S.O. VII 1185 - - T.S.O. II 1186 2-19-1991 Ch. 75, Sched. II 1187 2-19-1991 T.S.O. V 1189 - - T.S.O. II 1190 - - T.S.O. II 1191 - - T.S.O. II 1192 - - T.S.O. II 1194 - - T.S.O. II 1195 - - T.S.O. II 1196 - - T.S.O. II 1197 - - T.S.O. II 1198 9-3-1991 Ch. 75, Sched. II 1199 9-2-1991 Ch. 74, Sched. IV 1200 - - T.S.O. II 1207 4-28-1992 Ch. 75, Sched. II 1208 - - T.S.O. III 1209 - - T.S.O. III 1211 9-15-1992 Ch. 74, Sched. IV 1212 12-8-1992 T.S.O. III 1215 3-2-1993 Ch. 75, Sched. I 1216 3-2-1993 97.01—97.04, 97.06, 97.20—97.25, 97.35—97.46, 97.99 1217 5-25-1993 94.01 1221 - - T.S.O. III 1222 - - T.S.O. III 24 Madison - Parallel References

Ord. No. Date Passed Code Section

1223 9-14-1993 Ch. 75, Sched. I 1224 11-23-1993 37.051 1225 11-23-1993 Ch. 75, Sched. I 1228 - - T.S.O. III 1234 3-1-1994 Ch. 75, Sched. III 1235 - - T.S.O. III 1240 5-10-1994 151.01 1244 - - T.S.O. VI 1246 8-16-1994 Ch. 75, Sched. I 1250 1-3-1995 Ch. 75, Sched. I 1252 - - T.S.O. III 1253 1-17-1995 50.01—50.08, 50.99 1255 2-14-1995 97.05 1256 4-25-1995 155.162, 155.164 1257 6-20-1995 37.036 1259 7-18-1995 Ch. 75, Sched. I 1260 - - T.S.O. III 1262 8-1-1995 37.036 1263 - - T.S.O. II 1265 - - T.S.O. III 1266 - - T.S.O. II 1267 - - T.S.O. II 1269 9-12-1995 Ch. 75, Sched. I 1272 11-8-1995 37.050 1273 - - T.S.O. III 1274 12-5-1995 37.050 1277 12-19-1995 Ch. 75, Sched. II 1278 12-19-1995 Ch. 75, Sched. II 1279 - - T.S.O. III 1281 - - T.S.O. III 1282 - - T.S.O. III 1284 1-16-1996 Ch. 75, Sched. I 1286 - - T.S.O. II 1288 - - T.S.O. X 1289 - - T.S.O. X 1290 - - T.S.O. X 1291 1-30-1996 50.01—50.08, 50.99 1292 - - T.S.O. X 1293 - - T.S.O. II

2019 S-12 References to Ordinances 25

Ord. No. Date Passed Code Section

1294 - - T.S.O. II 1295 - - T.S.O. II 1296 - - T.S.O. II 1297 - - T.S.O. II 1298 - - T.S.O. II 1299 - - T.S.O. II 1300 - - T.S.O. XI 1301 2-27-1996 T.S.O. III 1302 3-27-1996 114.01—114.09, 114.99 1303 3-26-1996 114.20, 114.99 1304 - - T.S.O. IV 1305 - - T.S.O. II 1306 - - T.S.O. II 1307 - - T.S.O. II 1308 - - T.S.O. VIII 1309 - - T.S.O. III 1310 6-18-1996 115.01—115.08 1311 6-18-1996 Ch. 75, Sched. I 1312 6-18-1996 Ch. 75, Sched. I 1314 7-2-1996 31.02 1316 7-16-1996 130.06 1317 7-16-1996 91.01—91.06 1318 7-16-1996 36.01—36.04 1319 7-16-1996 Ch. 75, Sched. I 1322 9-24-1996 Ch. 75, Sched. II 1323 - - 30.01—30.10 1324 - - T.S.O. III 1325 - - T.S.O. II 1326 - - T.S.O. II 1327 - - T.S.O. II 1328 - - T.S.O. II 1329 - - T.S.O. II 1330 - - T.S.O. II 1331 - - T.S.O. II 1332 - - T.S.O. II 1333 - - T.S.O. II 1335 10-22-1996 Ch. 75, Sched. I 1336 - - T.S.O. VIII

2017 S-11 26 Madison - Parallel References

Ord. No. Date Passed Code Section

1338 - - T.S.O. III 1339 11-19-1996 155.059, 155.103, 155.118, 155.134, 155.148, 155.164 1343 12-5-1996 50.01—50.08, 50.99 1345 12-27-1996 T.S.O. III 1346 - - T.S.O. III 1347 - - T.S.O. III 1348 1-14-1997 Ch. 75, Sched. II 1349 1-28-1997 T.S.O. IV 1350 - - T.S.O. IV 1351 2-11-1997 T.S.O. VIII 1352 2-11-1997 153.01—153.05, 153.15—153.17, 153.30—153.32, 153.99 1353 2-25-1997 Ch. 75, Sched. I 1354 3-6-1997 T.S.O. VIII 1355 - - T.S.O. III 1357 4-22-1997 Ch. 75, Sched. I 1358 4-22-1997 Ch. 75, Sched. I 1359 4-30-1997 Ch. 75, Sched. II 1360 5-6-1997 31.02 1362 - - T.S.O. II 1363 - - T.S.O. II 1364 - - T.S.O. II 1365 - - T.S.O. II 1366 6-17-1997 95.20, 95.99 1367 - - T.S.O. II 1368 - - T.S.O. II 1371 8-12-1997 37.038 1372 - - T.S.O. II 1373 - - T.S.O. II 1375 9-10-1997 T.S.O. III 1376 - - T.S.O. II 1377 - - T.S.O. II 1380 10-7-1997 124.01—124.07, 124.99 1381 - - T.S.O. II 1382 - - T.S.O. II 1383 - - T.S.O. II 1384 - - T.S.O. II

2019 S-12 References to Ordinances 27

Ord. No. Date Passed Code Section

1385 11-18-1997 30.01—30.10 1387 12-2-1997 Ch. 74, Sched. IV 1389 12-30-1997 151.02 1390 1-13-1998 37.035 1391 1-13-1998 Ch. 75, Sched. II 1392 1-27-1998 150.01 1398 - - T.S.O. IX 1399 1-27-1998 Ch. 75, Sched. I 1400 2-10-1998 151.02 1401 - - T.S.O. X 1402 2-24-1998 156.01—156.06; 156.20—156.38; 156.50—156.55; 156.65—156.68; 156.80—156.84; 156.99; Ch. 156, Appendices A—I 1403 - - T.S.O. II 1404 - - T.S.O. II 1405 - - T.S.O. II 1406 - - T.S.O. III 1409 - - T.S.O. III 1410 - - T.S.O. III 1411 - - T.S.O. III 1412 - - T.S.O. II 1413 - - T.S.O. II 1414 - - T.S.O. II 1415 4-21-1998 73.01—73.14 1416 4-21-1998 150.15—150.29 1417 5-5-1998 Ch. 75, Sched. II 1418 5-5-1998 Ch. 75, Sched. II 1419 - - T.S.O. III 1420 - - T.S.O. III 1422 5-19-1998 Ch. 75, Sched. II 1423 5-19-1998 Ch. 75, Sched. II 1424 5-19-1998 Ch. 75, Sched. II 1425 5-19-1998 Ch. 75, Sched. II 1426 - - T.S.O. II 1427 - - T.S.O. II 1428 - - T.S.O. II 1430 - - T.S.O. III 1431 - - T.S.O. II

2019 S-12 28 Madison - Parallel References

Ord. No. Date Passed Code Section

1432 - - T.S.O. II 1433 - - T.S.O. II 1434 - - T.S.O. II 1435 - - T.S.O. II 1439 - - T.S.O. III 1442 - - T.S.O. III 1443 - - T.S.O. II 1444 - - T.S.O. II 1445 - - T.S.O. II 1446 - - T.S.O. II 1448 - - T.S.O. IX 1449 8-5-1998 70.01, 70.99 1450 8-5-1998 71.01—71.08, 71.99 1451 - - T.S.O. III 1452 - - T.S.O. II 1453 8-11-1998 151.03, 151.99 1454 - - T.S.O. III 1455 - - T.S.O. II 1457 - - T.S.O. III 1458 9-22-1998 T.S.O. VI 1459 - - T.S.O. II 1459-A 10-6-1998 Ch. 75, Sched. I 1460 10-6-1998 Ch. 75, Sched. I 1461 - - T.S.O. III 1464 - - T.S.O. IV 1465 - - T.S.O. III 1467 - - T.S.O. III 1468 - - T.S.O. III 1469 12-1-1998 Ch. 75, Sched. I 1470 12-1-1998 Ch. 75, Sched. I 1471 12-1-1998 Ch. 75, Sched. I 1472 12-1-1998 Ch. 75, Sched. I 1474 1-12-1999 151.02 1475 1-26-1999 37.015—37.021 1476 1-26-1999 36.15—36.27 1477 2-23-1999 Ch. 75, Sched. I 1478 2-23-1999 Ch. 75, Sched. I 1479 2-23-1999 Ch. 75, Sched. I 1480 3-9-1999 Ch. 75, Sched. I

2019 S-12 References to Ordinances 29

Ord. No. Date Passed Code Section

1481 3-23-1999 151.02 1482 4-6-1999 Ch. 75, Sched. I 1483 4-6-1999 Ch. 75, Sched. I 1484 - - T.S.O. III 1485 - - T.S.O. II 1486 5-4-1999 T.S.O. VII 1487 5-4-1999 T.S.O. III 1488 5-4-1999 37.001—37.004 1489 - - T.S.O. III 1492 - - T.S.O. II 1494 6-29-1999 Ch. 75, Sched. II 1495 - - T.S.O. II 1496 - - T.S.O. II 1501 - - T.S.O. II 1502 - - T.S.O. II 1503 - - T.S.O. II 1504 10-19-1999 11.01 1505 10-19-1999 Ch. 75, Sched. I 1506 10-19-1999 T.S.O. VI 1509 12-27-1999 Ch. 75, Sched. I 1510 12-27-1999 Ch. 75, Sched. I 1512 1-25-2000 Ch. 75, Sched. I 1513 1-25-2000 Ch. 75, Sched. I 1518 - - T.S.O. X 1522 4-18-2000 T.S.O. III 1523 - - T.S.O. III 1530 7-5-2000 T.S.O. IX 1531 7-5-2000 T.S.O. IX 1532 7-18-2000 50.09 1533 - - T.S.O. III 1534 9-12-2000 93.01—93.03 1537 - - T.S.O. II 1538 11-7-2000 Ch. 75, Sched. I 1539 11-7-2000 Ch. 75, Sched. I 1541 - - T.S.O. II 1544 1-30-2001 Ch. 75, Sched. I 1545 1-30-2001 Ch. 75, Sched. I 1546 1-30-2001 90.01—90.07, 90.99

2019 S-12 30 Madison - Parallel References

Ord. No. Date Passed Code Section

1547 2-27-2001 33.01—33.05, 33.15—33.25 1549 6-19-2000 T.S.O. XII 1550 6-19-2001 153.02, 153.03 1551 6-19-2001 Ch. 74, Sched. IV 1552 6-19-2001 39.01—39.12 1555 7-17-2001 T.S.O. XI 1556 7-17-2001 Ch. 74, Sched. V 1557 7-31-2001 T.S.O. III 1558 8-14-2001 Ch. 74, Sched. VII 1559 8-14-2001 T.S.O. III 1561 9-11-2001 T.S.O. X 1563 10-9-2001 96.99 1564 10-9-2001 119.01—119.13 1565 10-23-2001 T.S.O. II 1566 10-23-2001 T.S.O. VIII 1568 12-18-2001 130.02 1569 12-18-2001 T.S.O. II 1570 1-15-2002 T.S.O. II 1571 1-15-2002 T.S.O. II 1573 1-22-2002 T.S.O. IX 1574 1-29-2002 156.31, 156.33 1575 3-12-2002 T.S.O. IX 1576 3-26-2002 T.S.O. III 1577 4-9-2002 152.088 1578 4-9-2002 152.088 1579 5-7-2002 Ch. 75, Sched. II 1580 6-4-2002 T.S.O. IX 1581 6-18-2002 96.99 1582 7-16-2002 31.03 1585 7-30-2002 T.S.O. II 1587 9-10-2002 31.03 1588 9-10-2002 Ch. 74, Sched. III 1589 9-10-2002 Ch. 74, Sched. III 1591B 9-24-2002 Ch. 74, Sched. III 1591A 11-5-2002 T.S.O. II 1592B 11-5-2002 T.S.O. II 1594 12-17-2002 T.S.O. II 1595 12-17-2002 T.S.O. II 1596 12-17-2002 T.S.O. II 1597 12-17-2002 T.S.O. III

2017 S-11 References to Ordinances 31

Ord. No. Date Passed Code Section

1598 12-17-2002 91.20 - 91.31, 91.99 1599 12-17-2002 T.S.O. III 1601 1-14-2003 T.S.O. IX 1605 3-11-2003 Adopt. Ord. 1606 3-25-2003 90.07 1607 3-25-2003 73.03, 73.09, 73.13 1608 3-25-2003 112.08, 151.02, 155.335, 155.336 1610 4-8-2003 T.S.O. III 1612 5-6-2003 110.99, 113.05 - 113.09, 113.99, 114.20, 114.21, 114.99, 115.25, 115.26, 115.99, 116.01, 116.02, 116.04, 116.06, 116.08 - 116.10, 116.99, 118.04, 118.99, 119.02, 119.04, 119.15, 119.99, 120.20, 120.21, 120.99, 121.15, 121.16, 121.99, 122.002 - 122.004, 122.999, 125.01 - 125.06, 125.15 - 125.17, 125.99, 126.01 - 126.03, 126.99, 127.01 - 127.06, 127.99, 128.01 - 128.08, 128.99 1618 7-1-2003 T.S.O. X 1619 7-1-2003 T.S.O. II 1622 8-12-2003 T.S.O. X 1623 10-7-2003 T.S.O. VI 1624 10-21-2003 T.S.O. X 1625 10-21-2003 T.S.O. X 1626 11-4-2003 T.S.O. X 1627 11-4-2003 T.S.O. X 1628 11-4-2003 T.S.O. X 1631 3-9-2004 150.01 1634 4-20-2004 40.01 - 40.03, 40.99 1635 4-20-2004 Ch. 74, Sched. VII 1636 4-20-2004 119.14, 119.99 1641 8-10-2004 T.S.O. III 1642 9-21-2004 T.S.O. III 1643 10-19-2004 T.S.O. II 1644 10-19-2004 T.S.O. II 1645 10-19-2004 T.S.O. II 1647 1-12-2005 T.S.O. XII 1648 1-25-2005 T.S.O. IX 1649 3-8-2005 T.S.O. III

2019 S-12 32 Madison - Parallel References

Ord. No. Date Passed Code Section

1651 5-3-2005 Ch. 74, Sched. VII 1652 5-17-2005 T.S.O. III 1653 5-31-2005 T.S.O. II 1654 5-31-2005 T.S.O. II 1655 5-31-2005 T.S.O. II 1656 5-31-2005 T.S.O. II 1657 5-31-2005 T.S.O. II 1658 5-31-2005 T.S.O. XI 1659 6-28-2005 T.S.O. III 1665 5-2-2006 T.S.O. IX 1666 5-2-2006 133.01 1667 5-16-2006 T.S.O. II 1668 5-16-2006 T.S.O. II 1670 6-13-2006 157.01—157.09 1674 8-15-2006 155.193 1676 9-5-2006 Adopting Ordinance 1677 9-19-2006 155.162 1680 12-12-2006 Ch. 74, Sched. VII 1681 12-12-2006 T.S.O. VII 1682 12-26-2006 Ch. 74, Sched. VII 1683 3-20-2007 T.S.O. XI 1684 3-20-2007 T.S.O. XI 1685 4-3-2007 T.S.O. IX 1686 4-3-2007 155.162 1687 5-1-2007 132.20—132.22, 132.99 1690 6-24-2007 Adopting Ordinance 1692 9-4-2007 151.02 1693 9-4-2007 110.03 1694 9-4-2007 37.038 1695 10-30-2007 T.S.O. X 1699 1-8-2008 97.39 1700 3-4-2008 34.20—34.35 1701 5-13-2008 T.S.O. I 1702 7-22-2008 Adopting Ordinance 1704 7-22-2008 31.03 1705 8-5-2008 31.04 1706 9-30-2008 T.S.O. III 1707 10-28-2008 T.S.O. VII 1709 3-17-2009 70.15—70.18, 70.99

2019 S-12 References to Ordinances 33

Ord. No. Date Passed Code Section

1710 6-9-2009 Ch. 74, Sched. VII 1712 7-7-2009 Adopting Ordinance 1713 8-18-2009 155.277 1714 9-15-2009 T.S.O. X 1715 11-10-2009 70.30—70.33 1716 11-10-2009 115.26 1717 11-10-2009 151.02 1718 11-24-2009 50.01 1721 3-30-2010 Ch. 75, Sched. II, 70.99 1722 5-11-2010 T.S.O. XI 1723 6-8-2010 Adopting Ordinance 1724 6-8-2010 51.01, 51.02 1725 6-8-2010 T.S.O. V 1726 - - T.S.O. III 1727 7-20-2010 96.03, 96.99 1728 8-3-2010 96.03 1730 8-3-2010 31.04 1731 9-28-2010 96.04, 96.99 1734 3-15-2011 97.25 1734 6-21-2011 Adopting Ordinance 1735 7-5-2011 T.S.O. II 1737 7-5-2011 31.04 1738 10-25-2011 T.S.O. XI 1739 11-22-2011 70.45—70.49, 70.99 1741 1-31-2012 T.S.O. II 1742 2-14-2012 31.03 1746 7-17-2012 31.04 1750 11-20-2012 T.S.O. III 1751 12-4-2012 37.038 1754 1-29-2013 T.S.O. IV 1755 5-7-2013 31.03 1756 6-4-2013 31.04 1761 4-8-2014 T.S.O. VI 1762 5-21-2014 31.03 1763 7-1-2014 31.04 1765 9-9-2014 130.07, 130.99 1766 10-21-2014 T.S.O. XI 1767 12-2-2014 T.S.O. XI 1768 12-2-2014 T.S.O. III 1772 3-10-2015 37.075 1775 4-21-2015 T.S.O. III

2019 S-12 34 Madison - Parallel References

Ord. No. Date Passed Code Section

1776 5-5-2015 70.49, 70.99 1777 5-19-2015 31.03 1778 7-14-2015 31.04 1781 9-22-2015 33.40—33.51 1782 11-17-2015 T.S.O. III 1783 11-17-2015 T.S.O. III 1784 12-1-2015 T.S.O. IX 1786 12-1-2015 T.S.O. VI 1788 1-12-2016 111.01—111.21, 111.99 1791 1-26-2016 Ch. 74, Sched. VII 1792 3-22-2016 T.S.O. III 1793 4-6-2016 T.S.O. X 1794 4-6-2016 T.S.O. X 1795 4-6-2016 T.S.O. X 1796 7-26-2016 31.04 1798 - - T.S.O. XI 1799 10-4-2016 70.30—70.33 1800 10-18-2016 31.03 1801 10-18-2016 132.30, 132.31, 132.99 1802 11-29-2016 T.S.O. III 1804 5-2-2017 31.03 1805 5-16-2017 T.S.O. III 1806 7-11-2017 31.03, 31.04 1808 8-8-2017 T.S.O. III 1809 8-8-2017 T.S.O. III 1810 8-22-2017 111.04, 111.21 1811 8-22-2017 122.075—122.078, 122.999 1812 9-5-2017 31.03, 31.04 1813 10-17-2017 Ch. 75, Sch. II 18-14 11-14-2017 37.090 1816 2-20-2018 37.105 - 37.109 1818 5-29-2018 T.S.O. XII 1819 5-29-2018 31.03 1820 7-10-2018 37.039 1822 7-24-2018 31.03 1823 8-7-2018 31.03, 31.04 1824 8-21-2018 39.13 1825 10-2-2018 T.S.O. X 1826 10-2-2018 39.14 1828 12-27-2018 35.03 1832 6-25-2019 31.04 1835 9-3-2019 30.11

2021 S-13 References to Ordinances 35

Ord. No. Date Passed Code Section

1836 9-3-2019 98.01—98.05, 98.99 1838 10-29-2019 T.S.O. II 1840 1-7-2020 129.01—129.03 1841 1-7-2020 33.26 1842 2-4-2020 158.01—158.07, 158.20—158.36, 158.99 1843 2-18-2020 T.S.O. III 1845 3-17-2020 93.15—93.17 1846 3-17-2020 41.01—41.07 1849 4-28-2020 31.03 1850 4-28-2020 122.080 1851 6-8-2020 31.04 1852 6-8-2020 T.S.O. III 1855 7-20-2020 T.S.O. II 1855-A 8-3-2020 T.S.O. II 1856 8-3-2020 T.S.O. II 1857 8-3-2020 T.S.O. II 1858 8-3-2020 T.S.O. II 1859 8-3-2020 T.S.O. II 1860 8-17-2020 T.S.O. IV

2021 S-13 36 Madison - Parallel References CITY OF MADISON, ILLINOIS CODE OF ORDINANCES TABLE OF CONTENTS

Chapter

TITLE I: GENERAL PROVISIONS

10. Rules of Construction; General Penalty 11. City Wards

TITLE III: ADMINISTRATION

30. City Council 31. City Officials 32. Departments, Boards and Other Organizations 33. Taxation 34. Fire Department 35. Police Department 36. Code and Ordinance Violations 37. City Policies 38. Personnel 39. Emergency Services and Disaster Agencies 40. Ethics 41. Civil Emergencies

TITLE V: PUBLIC WORKS

50. Garbage 51. Sewers

TITLE VII: TRAFFIC CODE

70. General Provisions 71. Motor Vehicle Licenses 72. Winter Emergencies 73. Administration and Enforcement 74. Traffic Schedules 75. Parking Schedules

2021 S-13 2 Madison - Table of Contents

TITLE IX: GENERAL REGULATIONS

TITLE XI: BUSINESS REGULATIONS

110. General Licensing Provisions 111. Alcoholic Beverages 112. Plumbing Services 113. Food and Drink Regulations 114. Apartments and Rental Property; Lodging 115. Temporary Sales 116. Parking Lots 117. Adult Businesses 118. Laundries 119. Tobacco Regulations 120. Junk and Second-Hand Dealers 121. Fuel Sales and Distribution 122. Amusements 123. Auctioneers 124. Telecommunications 125. Advertising 126. Weapons and Explosives 127. Industrial Business Licenses 128. Specific Licensing Provisions 129. Cannabis Business Establishments Prohibited

TITLE XIII: GENERAL OFFENSES

130. General Offenses 131. Weapons 132. Offenses Against Public Health and Safety 133. Offenses Against Persons

2021 S-13 Table of Contents 3

TITLE XV: LAND USAGE

150. General Provisions 151. General Building Regulations; Construction 152. Minimum Housing Standards 153. Flood Damage Prevention 154. Mobile Homes 155. Zoning 156. Subdivisions 157. Pollution Control Facility Site Approval 158. Cannabis

TABLE OF SPECIAL ORDINANCES

Table

I. Demolitions and Repairs II. Annexations and Detachments III. Contracts and Agreements; Real Estate Transactions IV. Franchise Agreements V. Easements and Encroachments VI. Street and Sidewalk Closings and Vacations VII. Street Renamings VIII. Construction; Improvements IX. Zoning Map Changes X. Tax Increment Development Areas XI. Enterprise Zones XII. Dedications and Acceptances

PARALLEL REFERENCES

References to Illinois Compiled Statutes References to Resolutions References to Ordinances

INDEX

2021 S-13 4 Madison - Table of Contents TABLE OF SPECIAL ORDINANCES

Table

I. DEMOLITIONS AND REPAIRS

II. ANNEXATIONS AND DETACHMENTS

III. CONTRACTS AND AGREEMENTS; REAL ESTATE TRANSACTIONS

IV. FRANCHISE AGREEMENTS

V. EASEMENTS AND ENCROACHMENTS

VI. STREET AND SIDEWALK CLOSINGS AND VACATIONS

VII. STREET RENAMINGS

VIII. CONSTRUCTION; IMPROVEMENTS

IX. ZONING MAP CHANGES

X. TAX INCREMENT DEVELOPMENT AREAS

XI. ENTERPRISE ZONES

XII. DEDICATIONS AND ACCEPTANCES

1 2 Madison - Table of Special Ordinances TABLE I: DEMOLITIONS AND REPAIRS

Ord. No. Date Passed Description

R. 01-05 2-13-2001 Demolition or repair of 913 Jefferson Street

R. 01-06 2-13-2001 Demolition or repair of 918 Jackson Street

R. 01-07 2-13-2001 Demolition or repair of 909 West Washington Street

R. 01-08 2-13-2001 Demolition or repair of 101 Booker Street

R. 01-09 2-13-2001 Demolition or repair of 920 Washington Avenue

R. 01-10 2-13-2001 Demolition or repair of 914 Washington Avenue

R. 01-11 2-13-2001 Demolition or repair of 1431 Second Street

R. 01-16 3-13-2001 Demolition or repair of 1647 Market Street

R. 01-19 4-24-2001 Demolition or repair of 1605 4th Street

R. 01-21 4-24-2001 Demolition or repair of 914 Grand Avenue

R. 01-27 6-5-2001 Demolition or repair of 905 Madison Avenue

R. 01-28 6-5-2001 Demolition or repair of 1937 5th Street

R. 01-29 6-5-2001 Demolition or repair of 200 McCambridge C-3

R. 01-30 6-5-2001 Demolition or repair of 1524 2nd Street

R. 01-31 6-5-2001 Demolition or repair of 1900 3rd Street

R. 01-35 6-19-2001 Demolition of repair of 201-03 Madison Avenue

R. 01-36 6-19-2001 Demolition or repair of 205-07 Madison Avenue

3 4 Madison - Table of Special Ordinances

Ord. No. Date Passed Description

R. 01-37 6-19-2001 Demolition or repair of 210 Madison Avenue

R. 01-43 7-17-2001 Demolition or repair of 1031 Alton Avenue

R. 01-50 9-11-2001 Demolition or repair of 1424 3rd Street

R. 01-51 9-11-2001 Demolition or repair of 1412 3rd Street

R. 01-52 9-11-2001 Demolition or repair of 1540 7th Street

R. 01-54 9-11-2001 Demolition or repair of 1910 Skeen Street

R. 01-55 9-11-2001 Demolition or repair of 1631 2nd Street

R. 01-56 9-11-2001 Demolition or repair of 810 Franklin Street

R. 01-57 9-11-2001 Demolition or repair of 1646 5th Street

R. 01-58 9-11-2001 Demolition or repair of 1801 Market Street

R. 01-59 9-11-2001 Demolition or repair of 1657 Rear 2nd Street

R. 01-60 9-11-2001 Demolition or repair of 1657 2nd Street

R. 01-61 9-11-2001 Demolition or repair of 1643 2nd Street

R. 01-62 9-11-2001 Demolition or repair of 1636 Rear 2nd Street

R. 01-63 9-11-2001 Demolition or repair of 1636 2nd Street

R. 01-65 9-25-2001 Demolition or repair of 1433 3rd Street TABLE II: ANNEXATIONS AND DETACHMENTS

Ord. No. Date Passed Description

175 5-6-1909 Annexation of certain territory

648 5-8-1951 Annexation of a tract of land owned by School District #127

743 1-24-1961 Annexation of certain territory

776 11-10-1964 Annexation of certain uninhabited and unincorporated territory

805 2-20-1968 Annexation of the south side of Harris Street

845 - - Proposed annexation of a 333-acre tract of land

962 - - Annexation of certain territory

980 - - Annexation of certain tracts of land

1047 - - Annexation of certain tracts of land

1050 - - Annexation of certain tracts of land

1054 - - Annexation of certain tracts of land

1055 - - Annexation of certain uninhabited and unincorporated territory

1058 - - Annexation of certain tracts of land

1060 - - Annexation of a certain tract of land

1061 - - Annexation of a certain tract of land

1064 - - Annexation of 60 acres of surrounded territory

5 6 Madison - Table of Special Ordinances

Ord. No. Date Passed Description

1065 - - Annexation of 60 acres or surrounded territory

1066 - - Annexation of the Steele property

1068 - - Annexation of certain uninhabited and unincorporated territory

1071 - - Annexation of certain uninhabited and unincorporated territory

1072 - - Annexation of Mad Auto Wrecking, Inc., property #2

1073 - - Annexation of Metro-East Sanitary District property #1

1074 - - Annexation of Milam Corporation property

1075 - - Annexation of Pilot Oil Corporation property

1076 - - Annexation of Gateway Midstate Truck Plaza, Inc., property

1077 - - Annexation of Metro-East Sanitary District property #2

1080 - - Annexation of a certain tract of land

1084 - - Annexation of 60 acres of surrounded territory

1115 - - Annexation of Kenneth Mueller property

1119 - - Annexation of KPNX Broadcasting Company property

1128 - - Annexation of certain uninhabited and unincorporated territory

1134 - - Annexation of additional property to Ward 3 and fixing boundaries Annexations and Detachments 7

Ord. No. Date Passed Description

1138 - - Amendment and re-adoption; annexation of certain uninhabited and unincorporated territory

1141 - - Annexation of Quiktrip Corporation property

1166 - - Annexation of certain uninhabited and unincorporated territory

1167 - - Annexation of certain inhabited and unincorporated territory

1168 - - Annexation of certain uninhabited and unincorporated territory

1169 - - Annexation of certain uninhabited and unincorporated territory

1170 - - Annexation of certain uninhabited and unincorporated territory

1171 - - Annexation of certain uninhabited and unincorporated territory

1174 - - Annexation of certain uninhabited and unincorporated territory

1175 - - Annexation of certain uninhabited and unincorporated territory

1177 - - Annexation of certain uninhabited and unincorporated territory

1178 - - Annexation of certain uninhabited and unincorporated territory

1179 - - Annexation of certain uninhabited and unincorporated territory

1180 - - Annexation of certain uninhabited and unincorporated territory 8 Madison - Table of Special Ordinances

Ord. No. Date Passed Description

1185 - - Annexation of certain uninhabited and unincorporated territory

1189 - - Annexation of certain uninhabited and unincorporated territory

1190 - - Annexation of certain uninhabited and unincorporated territory

1191 - - Annexation of certain uninhabited and unincorporated territory

1192 - - Annexation of certain uninhabited and unincorporated territory

1194 - - Annexation of certain uninhabited and unincorporated territory

1195 - - Annexation of certain uninhabited and unincorporated territory

1196 - - Annexation of certain uninhabited and unincorporated territory

1197 - - Annexation of certain uninhabited and unincorporated territory

1200 - - Annexation of certain uninhabited and unincorporated territory

1266 - - Detachment of property known as the Franke property

1267 - - Detachment of property known as the Milam Corporation property

1263 - - Detachment of property known as the Conrail property

1286 - - Annexation of certain uninhabited and unincorporated territory Annexations and Detachments 9

Ord. No. Date Passed Description

1293 - - Annexation of 60 acres of surrounded territory

1294 - - Annexation of 60 acres of surrounded territory

1295 - - Annexation of 60 acres of surrounded territory

1296 - - Annexation of 60 acres of surrounded territory

1297 - - Annexation of 60 acres of surrounded territory

1298 - - Annexation of 60 acres of surrounded territory

1299 - - Annexation of certain uninhabited and unincorporated territory

1305 - - Annexation of certain uninhabited and unincorporated territory

1306 - - Annexation of 60 acres of surrounded territory

1307 - - Annexation of 60 acres of surrounded territory

1325 - - Annexation of 60 acres of surrounded territory

1326 - - Annexation of certain uninhabited and unincorporated territory

1327 - - Annexation of certain uninhabited and unincorporated territory

1328 - - Annexation of certain uninhabited and unincorporated territory

1329 - - Annexation of certain uninhabited and unincorporated territory

1330 - - Annexation of certain uninhabited and unincorporated territory

1331 - - Annexation of certain uninhabited and unincorporated territory 10 Madison - Table of Special Ordinances

Ord. No. Date Passed Description

1332 - - Annexation of certain uninhabited and unincorporated territory

1333 - - Annexation of certain uninhabited and unincorporated territory

1362 - - Annexation of certain uninhabited and unincorporated territory

1363 - - Annexation of certain uninhabited and unincorporated territory

1364 - - Annexation of certain uninhabited and unincorporated territory

1365 - - Annexation of certain uninhabited and unincorporated territory

1367 - - Annexation of certain uninhabited and unincorporated territory

1368 - - Annexation of certain uninhabited and unincorporated territory

1372 - - Annexation of certain uninhabited and unincorporated territory

1373 - - Annexation of certain uninhabited and unincorporated territory

1376 - - Annexation of certain uninhabited and unincorporated territory

1377 - - Annexation of certain uninhabited and unincorporated territory

1381 - - Annexation of 60 acres of surrounded territory

1382 - - Annexation of certain uninhabited and unincorporated territory Annexations and Detachments 11

Ord. No. Date Passed Description

1383 - - Annexation of certain uninhabited and unincorporated territory

1384 - - Annexation of certain uninhabited and unincorporated territory

1403 - - Annexation of certain uninhabited and unincorporated territory

1404 - - Annexation of certain uninhabited and unincorporated territory

1405 - - Annexation of certain uninhabited and unincorporated territory

1412 - - Annexation of certain uninhabited and unincorporated territory

1413 - - Annexation of certain uninhabited and unincorporated territory

1414 - - Annexation of certain uninhabited and unincorporated territory

1426 - - Annexation of 60 acres of surrounded territory

1427 - - Annexation of certain uninhabited and unincorporated territory

1428 - - Annexation of certain uninhabited and unincorporated territory

1431 - - Annexation of certain uninhabited and unincorporated territory

1432 - - Annexation of certain uninhabited and unincorporated territory

1433 - - Annexation of certain uninhabited and unincorporated territory 12 Madison - Table of Special Ordinances

Ord. No. Date Passed Description

1434 - - Annexation of certain uninhabited and unincorporated territory

1435 - - Annexation of certain uninhabited and unincorporated territory

1443 - - Annexation of 60 acres of surrounded territory

1444 - - Annexation of certain uninhabited and unincorporated territory

1445 - - Annexation of certain uninhabited and unincorporated territory

1446 - - Annexation of certain uninhabited and unincorporated territory

1452 - - Annexation of certain uninhabited and unincorporated territory

1455 - - Annexation of certain uninhabited and unincorporated territory

1459 - - Annexation of certain uninhabited and unincorporated territory

1485 - - Annexation of certain uninhabited and unincorporated territory

1492 - - Annexation, exclusion or disconnection of certain uninhabited and unincorporated territory; settlement agreement

1495 - - Annexation of certain uninhabited and unincorporated territory

1496 - - Annexation of 60 acres of surrounded territory

1501 - - Annexation of under 60 acres of surrounded territory Annexations and Detachments 13

Ord. No. Date Passed Description

1502 - - Annexation of certain uninhabited and unincorporated territory

1503 - - Annexation of 60 acres of surrounded territory

1537 - - Annexation of a certain 42 parcels, Chouteau Island, FEMA flood buy-out program

1541 - - Annexation of a certain four parcels, Gabaret/Choutea Island, U.S. Army Corps of Engineers property

1565 10-23-2001 Annexation of certain territory (Chain of Rocks Canal Bridge)

1569 12-18-2001 Annexation of certain territory (Tri-City Park Subdivision territory excluded by Granite City)

1570 1-15-2002 Excluding or disconnecting certain territory (Narrow strip in Northwest Quarter, Section 29, Township 3 North, Range 9 West)

1571 1-15-2002 Annexation of triangular bulge territory excluded by Granite City

1585 7-30-2002 Annexation of certain territory from the Chain of Rocks Recreation Corporation and to be zoned A-1

1591A 11-5-2002 Excluding or disconnecting certain territory (triangular tract in Northeast Quarter, Sec. 26, Township 3 North, Range 10 West of Third Principal Meridian)

1592B 11-5-2002 Annexation of certain uninhabited and unincorporated territory (located in the N.E. 1/4 of Sec. 36, Township 4 North, Range 10 West of the Third Principal Meridian)

1594 12-17-2002 Annexation of certain territory (city owned tract on Chouteau Island)

2003 S-1 14 Madison - Table of Special Ordinances

Ord. No. Date Passed Description

1595 12-17-2002 Annexation of certain uninhabited and unincorporated territory (located in U.S. Survey 581, Claim 1258, Township 3 North, Range 10 West of the Third Principal Meridian)

1596 12-17-2002 Annexation of certain uninhabited and unincorporated territory (located in the N.E. 1/4 of Frac. Section 1 Township 3 North, Range 10 West and the S.E. 1/4 of Section 36 Township 4 North, Range 10 West of the Third Principal Meridian)

1619 7-1-2003 Annexation of certain uninhabited and unincorporated territory (located in S.E. 1/4 of Sec. 22, S. 1/2 of Sec. 23, Township 3 North, Range 10 West of the Third Principal Meridian)

1643 10-19-2004 Annexation of uninhabited and unincorporated territory and zoned I-1

1644 10-19-2004 Annexation of uninhabited and unincorporated territory and zoned I-1

1645 10-19-2004 Annexation of certain uninhabited and unincorporated territory and to be zoned I-1

1653 5-31-2005 Annexation of surrounded territory under 60 acres (Wofford property)

1654 5-31-2005 Annexation of surrounded territory under 60 acres (Wofford property)

1655 5-31-2005 Annexation of surrounded territory under 60 acres (Wein property)

1656 5-31-2005 Annexation of surrounded territory under 60 acres (Church property)

1657 5-31-2005 Annexation of surrounded territory under 60 acres (Cionko property)

1667 5-16-2006 Annexation of surrounded territory under 60 acres to be zoned I-1.

2006 S-4 Annexations and Detachments 14A

Ord. No. Date Passed Description

1668 5-16-2006 Annexation of surrounded territory under 60 acres to be zoned I-1

1735 7-5-2011 Annexation of uninhabited and unincorporated territory approximately 82.1 acres to be zoned I-1

1741 1-31-2012 Annexation of contiguous, uninhabited and unincorporated territory approximately 1.1 acres to be zoned I-1

1838 10-29-2019 Annexation of contiguous, uninhabited and unincorporated territory approximately 70 acres to be zoned I-1

1855 7-20-2020 Annexation of surrounded territory under 60 acres to be zoned I-1

1855-A 8-3-2020 Annexation of surrounded territory under 60 acres to be zoned I-1

1856 8-3-2020 Annexation of surrounded territory under 60 acres to be zoned I-1

1857 8-3-2020 Annexation of surrounded territory under 60 acres to be zoned I-1

1858 8-3-2020 Annexation of surrounded territory under 60 acres to be zoned I-1

1859 8-3-2020 Annexation of surrounded territory under 60 acres to be zoned I-1

2021 S-13 14B Madison - Table of Special Ordinances TABLE III: CONTRACTS AND AGREEMENTS; REAL ESTATE TRANSACTIONS

Ord. No. Date Passed Description

140 10-15-1906 Purchase of real estate

319 - -1923 Sale of horses

365 6-15-1926 Street lighting contract

372 12-8-1926 Ornamental street lighting contract

504 3-22-1938 Additional fire hydrant

513 5-23-1939 Purchase of improvement

527 1- -1941 Execution of agreement between the city and the city’s Volunteer Fire Company; garage property

543 1-13-1942 Agreement between the city and Granite City Trust and Savings Bank; collection of assessments

544 3-4-1942 Execution of an agreement employing J.P. Howard as Auditor for the Kings Highway chain of Rocks Bridge

583 3-13-1945 Execution of agreement between the city and the Volunteer Fire Company; Austin Western patrol sweeper

589 12-18-1945 Sale of certain property

614 3-30-1948 Acquisition by purchase of certain real estate

615 3-30-1948 Purchase of certain property

627 11-9-1948 Street lighting contract

628 11-9-1948 Electricity contract

15 16 Madison - Table of Special Ordinances

Ord. No. Date Passed Description

631 3-15-1949 Sale of certain real estate

639 9-13-1949 Sale of certain real estate

650 7-3-1951 Contract between the city and competent person for dog control

657 12-4-1951 Sale of personal property

671 4-22-1952 Bridge lighting/electricity contract

717 10-7-1958 Street lighting contract

718 10-7-1958 Electricity contract

719 - - Conveyance of real estate

728 12-1-1959 Sale of certain real estate

732 - - Conveyance of real estate

771 7-7-1964 Written agreement between the city and Union Electric Company for construction and electricity distribution

778 7-27-1965 Sale of real estate

798 7-25-1967 Disposal and sale of part of Chain-of-Rocks Bridge

802 11-14-1967 Purchase of office space

810 10-16-1968 Lease of real estate for a term in excess of 20 years

811 6-26-1973 Purchase of certain real estate

813 2-18-1969 Purchase of warehouse and office building

826 10-7-1958 Street lighting contract Contracts and Agreements; Real Estate Transactions 17

Ord. No. Date Passed Description

827 - - Electricity contract

836 - - Sale of real estate located in Stephen Maeras Industrial Park

838 - - Sale of real estate located in Stephen Maeras Industrial Park

876 - - Purchase of real property

897 - - Sale of real property

941 1-10-1977 Acquisition of certain properties

930 3-9-1977 Acquisition of real property

958 8-19-1979 Electricity contract

959 10-30-1979 Street lighting contract

960 1-8-1980 Membership in the State Municipal League Risk Management Association; inter-governmental cooperation contract

966 10-28-1980 Membership in the State Municipal League Risk Management Association; inter-governmental cooperation contract

996 - - Lease between the city and Reese Drug Stores, Inc., for a portion of the city’s David Connole Alpine Village Shopping Center

997 - - Lease with Chester Dairy Company for a portion of the city’s David Connole Alpine Village Shopping Center

1001 - - Sale of Lot 13 in Stephen Maeras Industrial Park

1002 - - Sale of Lot 14 in Stephen Maeras Industrial Park 18 Madison - Table of Special Ordinances

Ord. No. Date Passed Description

1003 - - Addendum to lease between city and Chester Dairy Company for a portion of the city’s David Connole Alpine Village Shopping Center

1004 - - Addendum to lease between the city and Reese Drug Stores, Inc., for a portion of the David Connole Alpine Village Shopping Center

1005 - - Sale of Lot 12 and a portion of Outlot B in Stephen Maeras Industrial Park

1021 - - Lease between the city and owners of certain property in the city

1022 - - Sale of northern one-half of Lot 2 and a portion of Outlot A in the Stephen Maeras Industrial Park

1024 - - Additional fire hydrants

1031 12-7-1982 Declaring certain property junk and authorizing its sale or disposal

1031 - - Lease between the city and SCA Services of Illinois, Inc.

1032 - - Repealer; lease agreement between the city and SCA Services of Illinois, Inc.

1034 - - Creating a cable television system; sale

1037 - - Purchase of certain property

1039 - - Sale of parcel 022

1040 - - Purchase of certain property

1045 - - Declaring certain property surplus and authorizing its disposal and sale

1049 - - Sale of cable system Contracts and Agreements; Real Estate Transactions 19

Ord. No. Date Passed Description

1063 - - Acquisition of certain property; adoption of plan

1069 - - Acquisition of certain property

1070 - - Approving an agreement with Illinois-American Water Company for a 12-inch water main extension

1079 - - Approving an area agreement and a water main extension deposit agreement with Illinois- American Water Company

1082 - - Amendment; approving an area agreement and a water main extension deposit agreement with Illinois-American Water Company

1083 - - Additional fire hydrants

1104 8-26-1986 Adopting a collective bargaining agreement between the city and Police Benevolent and Protective Association, Unit #110

1106 9-9-1986 Rescinder; adoption of a collective bargaining agreement between the city and Police Benevolent and Protective Association, Unit #110

1107 9-23-1986 Adopting a collective bargaining agreement between the city and Police Benevolent and Protective Association, Unit #110

1109 10-21-1986 Approving a contract between the city and Campbell Ambulance Service, Inc.

1117 - - Authorizing the transfer of property between the city and Southwest Steel Supply

1123 - - Authorizing the execution of a lease for real property owned by the city with the Rubicon Corporation, L.P.

1129 - - Sale of surplus public real estate known as Old Chain-of-Rocks Bridge property 20 Madison - Table of Special Ordinances

Ord. No. Date Passed Description

1139 - - Sale of Lots 1, 2, 3 and 4 in Block C of the city

1143 - - Termination of lease; sale of property known as Kreider Truck Project

1148 - - Sale of surplus public real estate known as 900 and 904 Jefferson Street

1165 - - Lease between the city and Family Dollar Stores of Illinois, Inc., for a portion of the David Connole Alpine Village Shopping Center

1172 10-2-1990 Acquisition of certain properties

1176 - - Repealer; authorizing different lease between the city and Family Dollar Stores of Illinois, Inc.

1208 - - Lease between the city and David R. Schermer and O’Neils’s Market Inc., for a portion of alleyway in the 1,100 block of the city

1209 - - Sale of Dunbar School property

1212 12-8-1992 Additional fire hydrants

1221 - - Termination of lease; sale of property

1222 - - Termination of lease; sale of property

1228 - - Termination of lease; sale of property to Southwest Steel Supply Company , Series “A” and “B” revenue bonds

1235 - - Sale of non-essential and non-productive real and personal property

1252 - - Amendment; sale of non-essential and non- productive real and personal property

1260 - - Termination of lease; sale of property Contracts and Agreements; Real Estate Transactions 21

Ord. No. Date Passed Description

1265 - - Purchase of four police cars; installment purchase agreement

1273 - - Intent to purchase real property known as 615 Madison Avenue

1279 - - Extending closing date of purchase of 615 Madison Avenue

1281 - - Purchase of real property; contract

1282 - - Accepting bid for new garbage and refuse truck

1301 2-27-1996 Amendment; financing for purchase of garbage/refuse truck and wheel loader

1309 - - Authorizing a tax escrow agreement to supplement the redevelopment agreement between the city and Gateway International Motorsports Corporation

1324 - - Purchase of real property; contract

1338 - - Purchase of real property from Magna Bank, N.A.

1345 12-27-1996 Contract between the city and Abbott Ambulance of Illinois, Inc.

1346 - - Surrender and termination of a prior lease; new lease for the Old Chain-of-Rocks Bridge

1347 - - Accepting request for lease termination between the city and Urioste Corporation

1355 - - Agreement between the city and the State of Illinois for the reconstruction of Frontage Road 32 and construction of a new intersection with Illinois Route 203; addition of improvements to city street system 22 Madison - Table of Special Ordinances

Ord. No. Date Passed Description

1375 9-10-1997 Inter-governmental agreement between the city and the Cloverleaf East Madison Fire Protection District

1406 - - Sale of non-essential and non-productive real property

1409 - - Amendment; sale of non-essential and non- productive property

1410 - - Redevelopment agreement between the city and Gateway National Golf Links, LLC

1411 - - Sale of non-essential and non-productive real property

1419 - - Purchase of real property for public purposes; contract

1420 - - Purchase of real property for public purposes

1430 - - Amendment; sale of non-essential and non- productive real property

1439 - - Agreement to extend and modify existing agreements between Waste Management of Illinois, Inc., and the city

1442 - - Approving several agreements between the city and Municipal Systems, Inc.

1451 - - Purchase of real property; contract of sale

1454 - - Purchase of real property; contract of sale

1457 - - Amendment; sale of McCambridge/3rd Street property #1

1461 - - Sale of non-essential and non-productive real property

1465 - - Purchase of 1508 3rd Street Contracts and Agreements; Real Estate Transactions 23

Ord. No. Date Passed Description

1467 - - Purchase of four police cars; installment purchase agreement

1468 - - Sale of 1225 and 1227 Madison Avenue

1484 - - Settlement agreement between the city, the State of Illinois and the Village of Fairmont City

1487 5-4-1999 Additional fire hydrants

1489 - - Agreement between the city and State of Illinois for the jurisdictional transfer of Industrial Street to the city

1522 4-18-2000 Contract between the city and Abbott Ambulance of Illinois, Inc.

1523 - - Agreement between the city and the State of Illinois for the jurisdictional transfer of Industrial Street to the city

1533 - - Execution of a pre-annexation agreement between the city and Terminal Railroad Association of St. Louis

R. 01-12 2-27-2001 Inter-governmental agreement between the Mitchell Fire Protection District and the city

R. 01-14 3-13-2001 Cooperative agreement to provide law enforcement services to Corpland on Chouteau Island

— 3-13-2001 Agreement between the city and the country for law enforcement services

R. 01-15 3-13-2001 Sale and disposal of certain surplus property

R. 01-25 5-22-2001 Redevelopment agreement between the city and Midwest Steel and Rack Manufacturing

R. 01-32 6-19-2001 Maintenance agreement between the city and the State Department of Transportation 24 Madison - Table of Special Ordinances

Ord. No. Date Passed Description

R. 01-39 7-17-2001 Lease authorization

R. 01-40 7-17-2001 Lease authorization

R. 01-41 7-17-2001 Lease authorization

1557 7-31-2001 Agreement; lease between the city and Tri-City Regional Port District for Charles Melvin Price Support Center (CMPSC)

R. 01-45 7-31-2001 Inter-governmental agreement; lease between the city and Tri-City Regional Port District for Charles Melvin Price Support Center (CMPSC)

R. 01-46 7-31-2001 Lease agreement between the city and the Tri- City Regional Port District

1559 8-14-2001 Additional fire hydrants

R. 01-47 9-11-2001 Inter-governmental agreement for the acceptance of Cloverleaf Addition

R. 01-64 9-25-2001 Lease authorization

R. 01-67 10-9-2001 Inter-governmental agreement between the city and Southwest Illinois Department Authority

R. 01-69 10-9-2001 Purchase of vacant land located on Race Street at Kohl Street

1576 3-26-2002 Installment purchase agreement for paying the cost to construct sanitary sewer extensions within the city

1597 12-17-2002 Approving membership of the city in the Joint Utility Locating Information for Excavators (J.U.L.I.E.) Agreement

1599 12-17-2002 Intergovernmental agreement; Approving a Building Department Mutual Aid Agreement between all municipal corporation members of the code enforcement officials

2003 S-1 Contracts and Agreements; Real Estate Transactions 24A

Ord. No. Date Passed Description

1610 4-8-2003 Agreement for the provision of video surveillance monitoring between the County Housing Authority and the city

1641 8-10-2004 Authorizing a mutual aid box alarm system agreement

1642 9-21-2004 Establishing control over the Chain of Rocks Bridge

1649 3-8-2005 Redevelopment agreement between the city and Premier Oil Holdings, L.L.C.

1652 5-17-2005 Authorizing participation in the Illinois Law Enforcement Alarm System

1659 6-28-2005 Authorizing the execution and delivery to Amendment No. 1 to the Redevelopment Agreement with Gateway International Motor Sports Corporation

1706 9-30-2008 Adopting a redevelopment agreement between the city and Arizon Companies of Illinois, Inc. for the River’s Edge Tax Increment Finance Redevelopment Area

1726 - - Transferring a portion of Darling Road to the city relative to the I-70 bridge project

1750 11-20-2012 Approving the Madison Electricity Aggregation Program Plan of Operation and Governance

1768 12-2-2014 Approving an agreement for the provision of video surveillance monitoring between the Madison County Housing Authority and the City of Madison, Illinois

1775 4-21-2015 Authorizing an addendum to the Mutual Aid Box Alarm System agreement

2017 S-11 24B Madison - Table of Special Ordinances

Ord. No. Date Passed Description

1782 11-17-2015 Adopting a redevelopment agreement with River’s Edge Terminals, L.L.C.

1783 11-17-2015 Adopting a redevelopment agreement with XXX Land Company, L.L.C./111 Salvage

1792 3-22-2016 Approving the disposition of real property owned by the City of Madison, Illinois

1802 11-29-2016 Authorizing the City of Madison to enter into a UDAG loan for demolitions

1805 5-16-2017 Approving the disposition of real property owned by the City of Madison, Illinois

1808 8-8-2017 Authorizing a mining lease for a commercial mining operation on the north borrow

1809 8-8-2017 Authorizing and entering into a lease agreement for 308 Madison Ave (The Connole Shopping Center)

1843 2-18-2020 Approving an intergovernmental agreement between Granite City and Madison concerning the demolition of 1910 St. Clair Avenue, Granite City, Illinois

1852 6-8-2020 Authorizing the sale of city-owned real estate located at 615 Race Street to Amir Sehic

2021 S-13 TABLE IV: FRANCHISE AGREEMENTS

Ord. No. Date Passed Description

66 9-7-1896 Granting a telephone and telegraph franchise to American Telephone and Telegraph Company

150 6-3-1907 Granting a railroad franchise to the Danville and Edwardsville Terminal Railroad

176 2-6-1905 Amendment; R.E. Niedringhaus franchise

180 5-24-1909 Granting a gas distribution franchise to R.E. Niedringhaus

200 4-1-1911 Granting a telephone franchise to Bell Telephone Company of Missouri

263 4-3-1917 Granting a water franchise to East St. Louis and Interurban Water Company

287 7-2-1919 Granting a railroad franchise to the Standard Rail and Steel Company

345 7- -1925 Granting a railroad franchise to St. Louis Electric Terminal Railway Company

364 6-15-1926 Granting a power distribution franchise to Illinois Power and Light Corporation

371 10-26-1926 Granting a railroad franchise to Litchfield and Madison Railway Company

381 9-6-1927 Granting a pipe-line franchise to Illinois and Missouri Pipe Line Company

382 9-6-1927 Granting an electricity distribution franchise to St. Louise Light and Power Company

25 26 Madison - Table of Special Ordinances

Ord. No. Date Passed Description

391 1-14-1928 Granting a gas distribution franchise to Cahokia Manufacturers Gas Company

427 5-12-1931 Granting a switch or branch track franchise to Illinois Terminal Company

452 2-20-1934 Granting a railroad franchise to Illinois Terminal Company

462 3-7-1935 Granting a street lighting and electricity distribution franchise to Illinois Power and Light Corporation

479 12-1-1936 Granting a telephone franchise to Southwestern Bell Telephone Company

625 11-9-1948 Granting a power distribution franchise to Illinois Power Company

626 11-10-1948 Granting an electricity distribution franchise to Illinois Power Company

760 1-8-1963 Granting a gas distribution franchise to Illinois Power Company

— - -1962 Granting a gas distribution franchise to Illinois Power Company

825 8-19-1962 Granting an electricity distribution franchise to Illinois Power Company

837 3-17-1970 Granting a water distribution franchise to East St. Louis and Interurban Water Company

928 - - Granting a telephone franchise to Illinois Bell Telephone Company

934 5-3-1977 Amendment; telephone franchise

942 - - Granting an electricity distribution franchise to Union Electric Company Franchise Agreements 27

Ord. No. Date Passed Description

1048 - - Granting a cable television franchise to South- Western Cable TV, LTD.

1062 - - Amendment; telephone franchise

1098 5-6-1986 Granting a telephone and telegraph franchise to American Telephone and Telegraph Company

1112 6-2-1987 Granting a cable telecommunications franchise to MCI Telecommunications Corporation

1304 - - Granting a cable television franchise transfer from Cencom Cable Income Partners, L.P., to Charter Communications Entertainment I, L.P.

1349 1-28-1997 Cable television franchises; new terms and regulations

1350 - - Granting a cable television franchise to Cable Communications Regulatory Code

1464 - - Granting a cable television franchise transfer from Charter Communications Entertainment I, L.P.

1754 1-29-2013 Extending the gas utility system franchise with Ameren Illinois Company for 20 years

1860 8-17-2020 Extending the electric utility system franchise with Ameren Illinois

2021 S-13 28 Madison - Table of Special Ordinances TABLE V: EASEMENTS AND ENCROACHMENTS

Ord. No. Date Passed Description

221 1-2-1912 Authorizing the granting of an easement

638 8-30-1949 Authorizing the granting of an easement and right-of-way

781 11-2-1965 Authorizing the granting of an easement

785 5-17-1966 Authorizing the granting of an easement

786 5-17-1966 Authorizing the granting of an easement

906 - - Regulating the encroachment on a public right-of- way in the city

1010 6-8-1982 Regulating the encroachment on a public right-of- way in the city

1014 9-14-1982 Regulating the encroachment on a public right-of- way in the city

1016 10-12-1982 Amendment; regulating the encroachment on a public right-of-way in the city

1020 11-9-1982 Regulating the encroachment on a public right-of- way in the city

1052 10-22-1984 Regulating the encroachment on a public right-of- way in the city

1187 2-19-1991 Regulating the encroachment on a public right-of- way in the city

1725 6-8-2010 Regulating the encroachment on a public right-of- way in the city

2011 S-9 30 Madison - Table of Special Ordinances TABLE VI: STREET AND SIDEWALK CLOSINGS AND VACATIONS

Ord. No. Date Passed Description

144 11-19-1906 Vacating parts of alleys in Blocks 11, 12, 18 and 24 in the city

202 4-25-1911 Vacating a part of an alley in Block 29, Addition 1, of the city

215 7-18-1911 Vacating a portion of an alley in Block “R”

308 12-13-1921 Vacating parts of certain streets in the city

331B 5-6-1924 Vacating certain alleys in the city

356 1-12-1926 Vacating part of a certain alley in the city

373 12-17-1926 Vacating certain property in the city

463 5-7-1935 Vacating a part of a certain alley in the city

548 5-22-1942 Vacating an alley in Block 3, Addition 2, of the city

622 8-31-1948 Vacating Race Street and Kohl Street

658 12-4-1951 Vacating an alley in Block 2, Addition 2, of the city

673 5-6-1952 Vacating an alley in Block 31 of the city

762 1-22-1963 Vacating alleys in Block “T” of the city

773 7-7-1964 Vacating and disclaiming a ten-foot strip of land in Lots 1, 2, 3 and 4 in Block B of the city

31 32 Madison - Table of Special Ordinances

Ord. No. Date Passed Description

907 - - Vacating a portion of an alley in Block “M” of the city

908 - - Vacating and closing a portion of the sidewalk area on Block “M” of the city

1244 - - Vacating Washington Avenue from the southern boundary of Race Street through the intersection of Race Street and Washington Avenue, south to its termination

1458 9-22-1998 Vacating an alley in a block bounded bu McCambridge Avenue, 2nd Street, Highland Avenue, extended across Block 11, and 3rd Street from the western right-of-way line

1506 10-19-1999 Vacating Highland Avenue between 2nd Street and 3rd Street and vacating alleys between 2nd Street and 3rd Street from Alton Avenue to a point east of Highland Avenue

1623 10-7-2003 Vacating a ten foot wide alley located in Block 25 of Newport Addition

1761 4-8-2014 Vacating an alley that is bounded by Madison Avenue generally on the east and State Street generally on the west between 4th and 5th Streets within the corporate limits

1786 12-1-2015 Vacating any and all platted alleyways that exist or have existed in Block 23, 2nd Addition to the city

2017 S-11 TABLE VII: STREET RENAMINGS

Ord. No. Date Passed Description

229 1-2-1913 Renaming Giognon Street to Alton Avenue

409 9-3-1929 Renaming Dagwell Street and all of 12th Street to the inclusive 12th Street; renaming Martin Street and all of McCambridge Avenue to the inclusive McCambridge Street

804 11-14-1967 Renaming street, in Stephen Maeras Industrial Park, Caine Drive

926 12-14-1976 Renaming Caine Drive to McCasland Avenue

1184 1-22-1991 Renaming a street to Access Boulevard

1486 5-4-1999 Renaming Collinsville Avenue to Wayne Lanter Avenue

1681 12-12-2006 Renaming Big Bend Road to Old Madison Road East

1707 10-28-2008 Renaming Wharf Street to Bissell Street

2009 S-7 34 Madison - Table of Special Ordinances TABLE VIII: CONSTRUCTION; IMPROVEMENTS

Ord. No. Date Passed Description

142 11-19-1906 Extension of Market Street

152 6-18-1907 Construction of joint sewer

174 2-15-1909 Danville and Edwardsville Railway construction; extension of time

185 7-19-1909 Construction of stub switch track

193 8-20-1920 Construction of sidewalks

194 8-30-1910 Construction of sidewalks

195 9-7-1910 Construction of sidewalks

208 7-6-1911 Construction of sidewalks

209 7-6-1911 Construction of sidewalks

210 7-6-1911 Construction of sidewalks

212 7-6-1911 Construction of sidewalks

213 7-6-1911 Construction of sidewalks

214 7-6-1911 Construction of sidewalks

218 8-30-1911 Construction of sidewalks

217 8-30-1911 Construction of sidewalks

228 - - Local improvements to sanitary sewer system

238 9-23-1913 Local improvements to 7th Street Paving District

35 36 Madison - Table of Special Ordinances

Ord. No. Date Passed Description

243 9-23-1913 Local improvements to 4th Street Paving District

244 9-23-1913 Local improvements to 5th Street Paving District

248 8-28-1914 Local improvements; recommendations

249 10-20-1914 Improvements to 7th Street Paving District; funds

254 2-22-1916 Repealer; improvements to sewer system

— 4-18-1918 Local improvements to West Market Street Paving District

328 11-20-1923 Local improvements to North Side sewer system

329 3-8-1924 Local improvements to 4th Street Paving District

330 3-24-1924 Local improvements to 5th Street Paving District

332 5-28-1924 Local improvements to East 3rd Street Paving District

334 3-22-1924 Local improvements to 12th Street Paving District

351 6-22-1925 Local improvements to North State Street Paving District

352 - - Local improvements to South State Street Paving District

354 10-21-1925 Local improvements to Madison Avenue Paving District No. 14

355 11-17-1925 Local improvements to Madison Avenue Paving District No.2

360 - - Local improvements to Sidewalk District No. 1

361 6-15-1926 Local improvements to Madison Sidewalk District No. 2 Construction; Improvements 37

Ord. No. Date Passed Description

362 6-15-1926 Local improvements to Madison Sidewalk District No. 3

363 6-15-1926 Local improvements to Sidewalk District No. 4

389 9-20-1929 Local improvement to Newport sewer system

410 10-1-1929 Local improvements tp New Madison Sidewalk District

411 10-1-1928 Local improvements to East 2nd Street Paving District

414 - - Local improvements to G Street Paving District

416 7-8-1930 Local improvements to G Street District

905 - - Local improvements

1018 - - Addition of FAU Route 9097 from the south city limits to the street system

1116 - - Twelve-inch water main extension

1308 - - Improvements

1336 - - Addition of Ohio Street from Illinois Route 203 to Madison Road, Madison Road from Big Bend Road south for 1.6 miles, and Big Bend Road from Illinois Route 203 to Madison Road

1354 3-6-1997 Addition of bridge structure carrying Madison Road over Cahokia Canal

1351 2-11-1997 Addition of a public road, Pit Lane

1566 10-23-2001 Installation of fire hydrants 38 Madison - Table of Special Ordinances TABLE IX: ZONING MAP CHANGES

Ord. No. Date Passed Description

987 - - Zoning classification change

1096 - - Zoning classification change

1155 - - Zoning classification change

1398 - - Zoning classification change

1448 - - Zoning classification change

1530 7-5-2000 Zoning classification change

1531 7-5-2000 Zoning classification change

1573 1-22-2002 Zoning classification change to R-3 District

1575 3-12-2002 Zoning classification change to B-3 District

1580 6-4-2002 Zoning classification change to A-1 District

1601 1-14-2003 Zoning classification change to B-2 District

1648 1-25-2005 Zoning classification change

1665 5-2-2006 Zoning classification change to B-2 District

1685 4-3-2007 Zoning classification change to I-1 District

1784 12-1-2015 Zoning classification change to B-2 District

39 2017 S-11 40 Madison - Table of Special Ordinances TABLE X: TAX INCREMENT DEVELOPMENT AREAS

Ord. No. Date Passed Description

1288 - - Approving plan and project

1289 - - Designating area and adopting financing plan

1290 - - Terminating use within area boundaries

1292 - - Approving and appointing developer in area

1401 - - Approving and appointing developer in area

1518 - - Designating area and adopting financing plan

1561 9-11-2001 Special allocation fund established for specific development area

1618 7-1-2003 Terminating tax abatement within boundaries of tax increment redevelopment areas

1622 8-12-2003 Adopting tax increment financing

1624 10-21-2003 Adopting tax increment financing

1625 10-21-2003 Terminating tax abatement within boundaries of a tax increment redevelopment area

1626 11-4-2003 Approving tax increment redevelopment plan and project

1627 11-4-2003 Designating tax increment financing redevelopment project area

1628 11-4-2003 Adopting tax increment financing

1695 10-30-2007 Adopting tax increment redevelopment agreement

2008 S-6 42 Madison - Table of Special Ordinances

Ord. No. Date Passed Description

1714 9-15-2009 Amending the Caine Street tax increment financing plan

1793 4-6-2016 Approving tax increment financing redevelopment plan and redevelopment project area

1794 4-6-2016 Designating and approving tax increment financing redevelopment project area

1795 4-6-2016 Adopting tax increment financing in the tax increment financing redevelopment project area

1825 10-2-2018 Approving an amendment to the city’s tax increment financing redevelopment project area

2019 S-12 TABLE XI: ENTERPRISE ZONES

Ord. No. Date Passed Description

1059 12-4-1984 Establishment of enterprise zone

1113 6-16-1987 Amendment; establishment of enterprise zone

1126 - - Amendment; establishment of enterprise zone

1163 - - Amendment; establishment of enterprise zone

1300 - - Amendment; establishment of enterprise zone

1555 7-17-2001 Amendment; establishment of enterprise zone

1658 5-31-2005 Amendment; establishment of enterprise zone

1683 3-20-2007 Amendment; establishment of enterprise zone

1684 3-20-2007 Amendment; establishment of enterprise zone

1701 5-13-2008 Amendment; establishment of enterprise zone

1722 5-11-2010 Amendment; establishment of enterprise zone

1738 10-25-2011 Amendment; establishment of enterprise zone

1766 10-21-2014 Amendment; establishment of enterprise zone

1767 12-2-2014 Amendment; establishment of enterprise zone

1798 - - 2016 Amendment; establishment of enterprise zone

2017 S-11 44 Madison - Table of Special Ordinances TABLE XII: DEDICATIONS AND ACCEPTANCES

Ord. No. Date Passed Description

143 11-19-1906 Approval of plat of resubdivision

247 7-17-1914 Acceptance of a plat

307 12-6-1921 Acceptance of resubdivision of lots

342 4-30-1925 Acceptance of a plat

357 4-6-1925 Acceptance of resubdivision of lots

704 9-4-1956 Acceptance of a plat

729 1-12-1960 Acceptance of a plat

738 - - Acceptance of a plat

763 1-22-1963 Acceptance of a plat

767 4-15-1964 Acceptance of a plat

774 7-7-1964 Acceptance of a plat

794 4-13-1967 Acceptance of a plat

803 11-14-1967 Naming the city’s industrial park in honor of Stephen Maeras

909 11-5-1975 Acceptance of a conveyance of real estate

1067 - - Acceptance of a donation of land

1111 5-19-1987 Acceptance of property known as Dunbar School

1127 - - Acceptance of a donation of land

45 46 Madison - Table of Special Ordinances

Ord. No. Date Passed Description

1549 6-19-2000 Acceptance of roadway dedication

R. 01-66 10-9-2001 Dedication of “Day of Remembrance”

1647 1-12-2005 Dedication of two tracts of land to be used for future residential development

1818 5-29-2018 Accepting the dedication of five tracts of land (Bissell St. Row) within the city to be used for roadway right-of-way

2019 S-12