City Codes in
Farmington

City Code

SECTION:

1-1-1:Title
1-1-2:Acceptance
1-1-3:Amendments
1-1-4:Construction of Words
1-1-5:Interpretations

1-1-1:               TITLE: Upon adoption by the Council this City Code is hereby declared to be and shall hereafter constitute the official City Code of the City of Farmington. Any reference made to the number of any Section contained herein shall be understood to refer to the position of the same under its appropriate Chapter and Title heading, and to the general penalty clause relating thereto, as well as to the Section itself, when reference is made to this City Code by title in any legal document.

1-1-2:              ACCEPTANCE: This City Code, as hereby presented in printed form, shall hereafter be received without further proof in all courts and in all administrative tribunals of this State as the ordinances of the City of general and permanent effect. *1

1-1-3:               AMENDMENTS: Any ordinance amending this City Code shall set forth the Title, Chapter and Section number of the Section or Sections to be amended, and this shall constitute a sufficient compliance with any statutory requirement pertaining to the amendment or revision by ordinance of any part of this City Code. All such amendments or revisions by ordinance shall be immediately forwarded to Sterling Codifiers, Inc., and the said ordinance material shall be prepared for insertion in its proper place in each copy of this City Code. Each such replacement page shall be properly identified and shall be inserted in each individual copy of the City Code within thirty (30) days from the date of its final passage.

1-1-4:               CONSTRUCTION OF WORDS: Whenever any word in any Section of this City Code importing the plural number is used in describing or referring to any matters, parties, or persons, any single matter, party, or person shall be deemed to be included, although distributive words may not have been used.

When any subject matter, party or person is referred to in this City Code by words importing the singular number only, or the masculine gender, several matters, parties, or persons and females as well as males and bodies corporate shall be deemed to be included; provided that these rules of construction shall not be applied to any Section of this City Code which contains any express provision excluding such construction or where the subject matter or content may be repugnant thereto.

1-1-5:               INTERPRETATIONS: In the determination of the provisions of each Section of this Code the following rules shall be observed:

(A) Intent to defraud: Whenever an intent to defraud is required in order to constitute an offense, it shall be sufficient if an intent appears to defraud any person.

(B) Liability of Employers and Agents: When the provisions of any Section of the City Code prohibits the commission of an act, not only the person actually doing the prohibited act or omitting the directed act, but also the employer and all other persons concerned with or in aiding or abetting the said person shall be guilty of the offense described and liable to the penalty set forth. (1969 Code)

  1. Not available

Saving Clause

SECTION:

1-2-1:Repeal of General Ordinances
1-2-2:Public Utility Ordinances
1-2-3:Court Proceedings

1-2-1:               REPEAL OF GENERAL ORDINANCES: All general ordinances of the City passed prior to the adoption of the City Code are hereby repealed, except such as referred to herein as being still in force or are by necessary implication herein reserved form repeal (subject to the saving clauses contained in the following Section), from which are excluded the following ordinances which are not hereby repealed: 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.

1-2-2:              PUBLIC UTILITY ORDINANCES: No ordinance relating to railroads or railroad crossing with streets and other public ways, or relating to the conduct, duties, service or rates of public utilities shall be repealed by virtue of the adoption of this City Code or by virtue of the preceding Section, excepting as this City Code may contain provisions for such matters, in which case this City Code shall be considered as amending such ordinance or ordinances in respect of such provisions only.

1-2-3:               COURT PROCEEDINGS: No new ordinances shall be constructed or held to repeal a former ordinance, whether such former ordinance is expressly repealed or not, as to any offense committed against such former ordinances or as to any act done, any penalty, forfeiture or punishment so incurred, or any right incurred or claim arising under the former ordinance, or in any way whatever to affect any such offense or act so committed or so done, or any penalty, forfeiture or punishment so incurred or any right accrued or claim arising before the new ordinance takes effect, save only that the proceedings thereafter shall conform to the ordinance in force at the time of such proceeding, so far as practicable. If any penalty, forfeiture or punishment be mitigated by any provision of a new ordinance, such provision may be, by the consent of the party affected, applied to any judgment announced after the new ordinance takes effect.

This Section shall extend to all repeals, either by express words or implication, whether the repeal is in the ordinance making any new provisions upon the same subject or in any other ordinance.

Nothing contained in this Chapter shall be constructed as abating any action now pending under or by virtue of any general ordinance of the City herein repealed and the provisions of all general ordinances contained in this Code shall be deemed to be continuing provisions and not a new enactment of the same provision; nor shall this Chapter be deemed as discontinuing, abating, modifying, or altering any penalty accrued or to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the City under any ordinance or provision thereof in force at the time of the adoption of this Code. (1969 Code)

Definitions

SECTION:

1-3-1:Definitions, General

1-3-1:               DEFINITIONS, GENERAL: Whenever the following words or terms are used in this Code they shall have the meanings herein ascribed to them, unless the content makes such meaning repugnant thereto;

AGENT: The word “agent” as used in this Code shall mean a person acting on behalf of another.

CITY: The word “City” as used in this Code shall mean the City of Farmington, Fulton County, State of Illinois.

CODE: The word “Code” unless otherwise specifically stated shall mean this City Code.

EMPLOYEES: The word “employees” shall mean the following: Whenever reference is made in this Code to a City employee by title only, this shall be construed as though followed by the words “of the City of Farmington”.

FEE: The word “fee” as used in this Code shall mean a sum of money charged by the City for the carrying on of a business, profession or occupation.

KNOWINGLY: The word “knowingly” imports only a knowledge that the fact exists which brings the act or omission within the provisions of the Code. It does not require any knowledge of the unlawfulness of such act or omission.

LICENSE: The word “license” as used in this Code shall mean the permission granted for the carrying on of a business, profession or occupation.

MISDEMEANOR: The word “misdemeanor” shall mean any offense deemed a violation of the provisions of this Code, which is a lesser offense than a felony as defined by State law.

NEGLIGENT: The word “negligent” as well as “neglect”, “negligence” and “negligently” imports a want of such attention to the nature of probable consequences of the act or omission as a prudent man ordinarily bestows in acting in his own concern.

NUISANCE: The word “nuisance” shall mean anything offensive or obnoxious to the health and welfare of the inhabitants of the City; or any act or thing repugnant to, or creating a hazard to, or having a detrimental effect on the property of another person or to the community.

OCCUPANT: The word “occupant” applied to a building or land shall include any person who occupies the whole or any part of such building or land whether alone or with others.

OFFENSE: The word “offense” shall mean any act forbidden by any provision of this Code or the omission of any act required by the provisions of this Code.

OFFICERS: Whenever reference is made in this Code to a City officer by title only, this shall be construed as though followed by the words “of the City of Farmington”.

OPERATOR: The word “operator” as used in this Code shall mean the person who is in charge of any operation, business or profession.

OWNER: The word “owner” applied to a building or land shall include any part owner, joint owner, tenant in common, joint tenant or lessee of the whole or of a part of such building or land.

PERSON: The word “person” shall mean any individual, partnership, corporation, joint stock association or the State of Illinois or any subdivision thereof, and including any trustee, receiver, assignee, or personal representative thereof. *1

PERSONAL PROPERTY: The term “personal property” shall include every description of money, goods, chattels, effects, evidence of rights in action and all written instruments by which any pecuniary obligation, right or title to property is created, acknowledged, transferred, increased, defeated, discharged or diminished and every right or interest therein.

RETAILER: The word “retailer” as used in this Code, unless otherwise specifically defined shall be understood to relate to the sale of goods, merchandise, articles or things in small quantities direct to the consumer.       

STREET: The word “street” shall include alleys, lanes, courts, boulevards, public square, public places and sidewalks.

TENANT: The word “tenant” applied to a building or land shall include any person who occupied the whole or any part of such building or land whether alone or with others.

WHOLESALER: The words “wholesaler” and “wholesale dealer” as used in this Code, unless otherwise specifically defined, shall be understood to relate to the sale of goods, merchandise, articles or things in quantity to person who purchase for the purpose of resale.

WILLFULLY: The word “willfully” when applied to the intent, with which an act is done or omitted, implies simply a purpose or willingness to commit the act or make the omission referred to. It does not require any intent to violate law, or to injure another, or to acquire an advantage.

WRITTEN, IN WRITING: The terms “ written” or  “in writing” may include printing and any other mode of representing words and letters, but when the written signature of any person is required by law to any official or public writing or bond required by law, it shall be in the proper handwriting of such person, or in case he is unable to write, by his proper mark. (1969 Code)

  1. S.H.A. Ch. 24, Sec. 1-1-2 (4)

Penalty

SECTION:

1-4-1:Penalty
1-4-2:Default, Labor
1-4-3:License
1-4-4:Application
1-4-5:Liability of Officers

1-4-1:  PENALTY

(a) Violations of certain Sections of the City Code or other ordinance shall be categorized into the following classes and subject to the minimum fine amounts as set forth below:

CLASS 0$ 25.00
CLASS 1$ 35.00
CLASS 2$ 50.00
CLASS 3$ 75.00
CLASS 4$100.00
CLASS 5$200.00
CLASS 6$400.00
CLASS 7$500.00
CLASS 8$750.00
CLASS 9$ 75.00 . The alleged violator shall be given one warning per calendar year instead of a fine. If compliance is not achieved within 15 days of the warning, then a fine may be given.

A second violation of the same ordinance within the same calendar year will be fined $150.00.

A third violation of the same ordinance within that same calendar year will be fined $300.00.

A fourth violation of the same ordinance within that same calendar year will be fined of $600.00.

(b) The following Sections of the City Code are hereby categorized as CLASS 0 offenses, and any conflicting penalty provision previously set forth in the City Code is hereby repealed: 

5-2-5Burning Garbage Prohibited
5-2-6Burning Leaves Restricted
6-5-35(D)Tobacco Possession by a Minor (1st Off.)
9-5-9Bicycles/Skateboards in Prohibited Areas
9-5-16Two Persons on Bicycle
9-8-1No Parking – Designated Places
9-8-2No Parking in Restricted Areas
9-8-3Time Limit Parking in Restricted Areas
9-8-4Parking Violation – Towing of Vehicle
9-8-5Parking More Than 12” From Curb
9-8-6Parking of Vehicle for Sale
9-8-11Parking on Private Property w/o Consent

(c) The following Sections of the City Code are hereby categorized as CLASS 1 offenses and any conflicting penalty provision previously set forth in the City Code is hereby repealed: 

6-3-2Dog License/Registration Required
6-3-3Rabies Inoculation Required

(d) The following Sections of the City Code are hereby categorized as CLASS 2 offenses and any conflicting penalty provision previously set forth in the City Code is hereby repealed: 

5-4-1Sale/Possession of Fireworks
6-2-8Expectorating in Public
6-2-10False Pretenses
6-2-14Posting of Handbills
6-2-19Unlawful Solicitation
6-2-35(D)Tobacco Possession by a Minor (2nd Off. w/in 12 mo.)
6-3-5Dog Running at Large (1st Off.)
6-3-6Dog Disturbing the Peace (1st Off.)
6-4-2Dangerous Animal
6-4-4Animals Running at Large
6-4-6Diseased Animals Prohibited
6-5-1Curfew – Persons Under 18 Yrs.
6-5-2Parent/Guardian Responsibility
6-8-5(A)Truancy Prohibited – Parental Responsibility
6-8-5(B)Truancy Prohibited – Childs Responsibility
7-7-2Deposit, Dumping of Garbage
7-7-3Unapproved or Lack of Container
8-1-6Unprotected Excavations
8-1-9Obstruction of Street
8-1-11Removal of Construction Barricades
8-1-16Street Sales Prohibited Without Permit
8-1-23Display of Street Numbers
8-7-16(B)Cemetery – Trespassing Dusk to Dawn
8-9-2(A)Parks – Trespassers Dusk to Dawn
9-5-10Driving on Right Side of Roadway
9-5-17Unattended Motor Vehicle
9-5-19Clinging to Moving Motor Vehicle
9-5-20Toy Vehicles Prohibited on Roadway
9-5-21Riding on Running Boards
9-7-2Pedestrians Crossing Roadway
9-7-4Standing on Sidewalk
9-7-5Pedestrian Jay Walking Prohibited
9-7-6Pedestrian Walking on Roadway
9-7-6(B)Hitch Hiking Prohibited

(e) The following Sections of the City Code are hereby categorized as CLASS 3 offenses and any conflicting penalty provision previously set forth in the City Code is hereby repealed: 

6-2-20Alcohol Consumption on City Owned Property
6-2-23Noises Prohibited – General Public (1st Off.)
6-2-35(D)Tobacco Possession by a Minor (3rd Off. w/in 12 mo.)
7-7-7Roll Off Dumpster Violation
8-9-1Parks – Motorized Vehicles Prohibited
9-3-1Disobey Traffic Sign
9-3-7Interfere/Removal of Traffic Sign
9-4-2Wrong Way on a One Way Street
9-4-3Failure to Stop at a Stop Sign
9-4-4Failure to Yield at a Stop Sign
9-5-1Improper Turning
9-5-2Failure to Signal Turn
9-5-5Driving Motor Vehicle on Sidewalk
9-5-6Failure to Yield Right of Way
9-5-7Following a Fire Dept Vehicle to a Scene
9-5-8Driving Over a Fire Hose Without Permission
9-5-11Improper Passing
9-5-14Failure to Yield to Emergency Vehicle
9-5-15Obstructing Traffic/Roadway
9-5-26Improper Backing
9-5-29Exceeding Posted Load Limits
9-5-31Following Too Close
9-5-33Unlicensed Motor Vehicles on Roadway
9-5-34Texting While Driving
9-5-36Seat Belt Required
9-6-4Speeding Over the Posted Limit
9-6-6Speeding in a School Zone
9-7-1Right of Way to Pedestrians
9-7-7Blind Pedestrians Have Right of Way
9-8-2(A)No Parking – Snow Accumulation over 2”
9-8-4Parking Violation – Towing of Vehicle
9-8-14Parking in Handicapped Spot w/o Permit
9-9-1Equipment – Obstructed Vision
9-9-2Excessive Gas and Smoke Emitted
9-9-3Unnecessary Noise – Motor Vehicle
9-9-4Driving Unsafe Vehicle Prohibited
9-9-5Spilling Load on Roadway
9-9-6Inoperable Motor Vehicle Equipment
9-9-7Exceeding Width, Length or Height Limits
9-9-8Exceeding Weight Limit

(f) The following Sections of the City Code are hereby categorized as CLASS 4 offenses and any conflicting penalty provision previously set forth in the City Code is hereby repealed: 

3-2-9(A)Liquor – Violate the Laws of State of Illinois
3-2-12Failure to Report Fights to Liquor Commission
3-2-12Bar Closing Time Violation
3-2-16Sale of Alcohol to Minor
3-2-16AConsumption/Possession of Alcohol by Minor
3-6-1No Peddlers License
5-3-3Manufacture of Explosives Prohibited
6-2-2Cruelty to Animals
6-2-3Assault
6-2-4Battery
6-2-5Discharge of Firearms/Fireworks
6-2-7Disorderly Conduct
6-2-9Injurious Materials on Thoroughfares
6-2-12Loud Mufflers – Unnecessary Noise
6-2-13Aid to an Offense
6-2-15Malicious Damage to Property
6-2-16Resisting Officer
6-2-17Failure to Disperse/Riot
6-2-18Trespassing Private Property
6-2-21Obscenity
6-2-22Distributing Harmful Material to Minor
6-2-23Noises Prohibited – Liquor Establishments (1st Off.)
6-2-35(A)Tobacco Possession by a Minor (1st Off.)
6-2-35(B)Tobacco Possession by a Minor (1st Off.)
6-2-35(C)Tobacco Possession by a Minor (1st Off.)
6-3-2Dog License/Registration Required (2nd Off. w/in 12 mo.)
6-3-5Dog Running at Large (2nd Off.)
6-3-6Dog Disturbing the Peace (2nd Off.)
7-8-1Mosquito Control and Abatement
8-1-16Street Sales Prohibited Without Permit
8-9-1Parks – Motorized Vehicles Prohibited (2nd Off. and Later Off.)
9-5-33Unlicensed Motor Vehicles on Roadway (2nd Off.)
9-10-2Leaving the Scene of an Accident
9-10-3Reckless, Negligent or Careless Driving

(g) The following Sections of the City Code are hereby categorized as CLASS 5 offenses and any conflicting penalty provision previously set forth in the City Code is hereby repealed: 

6-2-23Noises Prohibited – Liquor Establishments (2nd Off.)
6-2-23Noises Prohibited – General Public (2nd Off.)
6-2-35(A)Tobacco Possession by a Minor (2nd Off. w/in 12 mo.)
6-2-35(A)Tobacco Possession by a Minor (2nd Off. w/in 12 mo.)
6-2-35(C)Tobacco Possession by a Minor (2nd Off. w/in 12 mo.)

(h) The following Sections of the City Code are hereby categorized as CLASS 6 offenses and any conflicting penalty provision previously set forth in the City Code is hereby repealed: 

6-2-21Obscenity (2nd Off.)
6-2-27Possession of Marijuana
6-2-28Possession of Drug Paraphernalia
6-2-32Possession of Synthetic Alternative Drug
6-2-33Use of Synthetic Alternative Drug
6-2-35(A)Tobacco Possession by a Minor (3rd Off. w/in 12 mo.)
6-2-35(B)Tobacco Possession by a Minor (3rd Off. w/in 12 mo.)
6-2-35(C)Tobacco Possession by a Minor (3rd Off. w/in 12 mo.)

(i) The following Sections of the City Code are hereby categorized as CLASS 7 offenses and any conflicting penalty provision previously set forth in the City Code is hereby repealed: 

6-2-31Sale or Delivery of Synthetic Alternative Drug
6-3-16Possession of Vicious Dog Prohibited

(j) The following Sections of the City Code are hereby categorized as CLASS 8 offenses and any conflicting penalty provision previously set forth in the City Code is hereby repealed: 

9-10-1Driving Under Influence Drug/Alcohol

(k) The following sections are hereby categorized as CLASS 9 offenses and any conflicting penalty provision previously set forth in the City Code is hereby repealed:

6-4-3Animal Noises – Disturbing the Peace
6-4-7Housing Non-Domestic Animals
6-7-1Weeds Prohibited
7-7-6Accumulation of Garbage
6-6-2Inoperable Motor Vehicle
6-6-3Leaving Abandoned Vehicle on City Street
7-5-1Public Nuisance Declared
6-7-4Weeds – Failure to Abate (Remove or Cut Down)

(l) Any person convicted of a violation of any Section of the City Code not categorized in the preceding paragraphs, or any Section of the City Code for which another penalty is not specifically provided, shall be fined in a sum not to exceed five hundred dollars ($500.00) for any one offense.

(m) If the minimum fine amounts are not paid within the allotted time (15 days) and court action is required to enforce the violation, the City is not limited in seeking up to the statutory maximum.

1-4-2:               DEFAULT; LABOR: Any person in default of payment of any fine or cost imposed may be committed to the City or County Jail until the fine, penalty and costs are fully paid. Any person imprisoned under the provisions of the Chapter may be put to work for the benefit of the City for the term of his imprisonment. The committed person shall be allowed, exclusive of board, a credit of five dollars ($5.00) for each day’s work. *3

No female prisoner shall be required to work in public, nor shall any prisoner be required to work on Sunday.

1-4-3:               LICENSE: When a person is convicted of a violation of any Section of the City Code any license previously issued to him by the City may be revoked by the Court or by the Council.

1-4-4:              APPLICATION: The penalty provided in this Chapter shall be applicable to every Section of this City Code the same as though it were a part of each and every separate Section. Any person convicted of a violation of any Section of the City Code where any duty is prescribed or obligation imposed, or where any act, which is of a continuing nature or declared to be unlawful, shall be deemed guilty of a misdemeanor. A separate offense shall be deemed committed upon each day such duty or obligation remains unperformed or such act continues, unless otherwise specifically provided in this City Code.

In all cases where the same offense is made punishable or is created by different clauses or Sections of the City Code the prosecuting officer may elect under which to proceed; but not more than one recovery shall be had against the same person for the same offense; provided, that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced.

Whenever the doing of any act or the omission to do any act constitutes a breach of any Section or provision of the City Code and there shall be no fine or penalty specifically declared for such breach, the provisions of this Chapter shall apply and a separate offense shall be deemed committed upon each day during or on which a breach or violation occurs or continues.

1-4-5:              LIABILITY OF OFFICERS: No provision of the City Code designating the duties of any officer or employee shall be so construed as to make such officer or employee liable for any fine or penalty provided for a failure to perform such duty, unless the intention of the Council to impose such fine or penalty on such officer or employee is specifically and clearly expressed in the Section creating the duty. (1969 Code)

  1. S.H.A. Ch. 24, Sec. 11-3-2.
  2. S.H.A. Ch. 24, Sec. 1-2-1 amd. 1963
  3. S.H.A. Ch. 24, Sec. 1-2-9 amd. 1963

Council

SECTION:

1-5-1:Regular Meetings
1-5-2:Special Meetings
1-5-3:Quorum
1-5-4:Attendance of Aldermen; Penalty
1-5-5:Order of Business
1-5-6:Rules
1-5-7:Addressing City Council

1-5-1:               REGULAR MEETINGS: The regular meeting of the City Council shall commence; and be held in the City Chambers of the City Hall on the first Monday and the third Monday of each month at seven o’clock (7:00) p.m., provided that when said meeting shall be a public holiday or a day upon which shall be held a general election, the Council shall meet in the following day at the same hour. (Ord. 89-03, 7-3-89)

1-5-2:               SPECIAL MEETINGS: The Mayor or any three (3) members of the Council may call special meetings of the Council by filing in the office of the Clerk a statement in writing stating the object and purpose of such special meeting and directing the Clerk to give notice of the same to each member of the Council. Said notice shall be prepared by the Clerk and shall state the object and purpose of the meeting, the time of meeting and shall be served personally on, or left at the usual place of abode of each member of the Council by the Clerk or someone duly authorized by him to serve same. No business other than that stated in the notice shall be transacted at such special meeting. *1 (R.O. 1911, Sec. 7)

1-5-3:               QUORUM: The Mayor shall take the chair promptly at the time set for any meeting and call the Council to order; a majority of Aldermen then holding office shall constitute a quorum to do business; or the presence of three Aldermen then holding office plus the Mayor shall also constitute a quorum to do business; and if a quorum is not present those present shall adjourn until   an announced time. In case of absence of the Mayor at the time set for any meeting, then some member of the Council shall call the same to order and the Council shall elect one of its own members chairman pro-tem and like proceedings shall be had. (R.O. 1911, Sec. 8) (Ordinance 2013-07, 07/15/13).

1-5-4:               ATTENDANCE OF ALDERMEN; PENALTY: It shall be the duty of each Alderman to attend promptly at each regular and special meeting of the Council, at the hour appointed for such meetings; provided, that sickness of any Alderman or any member of his family, or absence from the City of such Alderman shall be deemed a sufficient excuse for not attending any regular or special meeting of such Council. *2 (R.O. 1911, Sec. 9)

1-5-5:               ORDER OF BUSINESS: The business to come before the Council at any regular meeting shall take precedence as follows:

  • Roll call. Reading of previous regular and special meetings; also amendments or corrections of same.
  • Presentation of Petitions.
  • Presentation of Claims.
  • Reports of Officers.
  • Reports of Standing Committees.
  • Communications.
  • Unfinished business.
  • New Business. (R.O. 1911, Sec 10)

1-5-6:               RULES: The following rules are hereby adopted by the Council and shall be observed at all times:

Rule 1. The Mayor shall call the members of the Council to order at the time appointed for the meetings, and shall order the roll call pursuant to the provisions of this code.

Rule 2. A majority of the members-elect shall constitute a quorum for the transactions of business.

Rule 3. All petitions presented to the Council shall be in writing.

Rule 4. All questions of priority of business shall be decided without debate.

Rule 5. While a question is being put no person shall pass across the floor or out of the room.

Rule 6. Every member desiring to speak shall first address the Mayor, and shall proceed only when recognized by him or her.

Rule 7. When a question is stated, every member present shall vote, unless excused by the Council, or unless directly interested in the question, in which case he shall not vote.

Rule 8. No motion shall be entertained unless seconded, and if any member requested it, it shall be reduced to writing.

Rule 9. A motion to adjourn shall always be in order and shall be decided without debate.

Rule 10. For votes not required or requested by the Mayor or any Council member to be a roll call vote, the Mayor will simply ask for all those in favor of supporting a particular measure to say “aye” and then ask the opposed to say “nay”.
            For roll call votes, the Clerk shall call first for the vote of the Council member making the particular motion, then call for the vote of the Council member seconding said motion, and then call for the vote of the remaining members proceeding left to right, starting at the left hand of the person who made the motion. (Ordinance No. 2009-08 Adopted 8/13/09).

Rule 11. The “yeas” and “nays” vote may be required by any member of the Council upon any question before the Council, but such “yeas” and “nays” vote must be called for by said member previous to taking the vote.

Rule 12. All committees shall be appointed by the Mayor unless otherwise directed.

Rule 13. All Council committee’s reports shall be in writing addressed to the Council.

Rule 14. The Clerk shall forward all papers to the proper committees and officers within one day after reference is made.

Rule 15. No petition for the remission of a fine under any provision of this Code shall be considered after reception, without a vote of two-thirds (2/3) of the Council, nor without the petition signed by the authority imposing such fine.

Rule 16. When a motion or resolution has been stated by the Mayor, it shall be deemed to be in possession of the Council, but by consent of the Council may be withdrawn any time before it is acted upon.

Rule 17. When a blank is to be filled and different sums or times are proposed the question shall first be put upon the largest sum or the longest time.

Rule 18. When a question is under debate, no motion shall be entertained, unless for the previous question, or to lay on the table, to refer, to postpone indefinitely, to adjourn to a certain day, to amend, or to adjourn the Council.

Rule 19. The “previous question” shall be put as follows: “Shall the main question be now put?”.

Rule 20. When the Council adjourns, the members shall keep their seats until the Mayor, or other presiding officers, shall have left the chair.

Rule 21. If the question under debate contains several distinct propositions, it shall be divided upon the request of any member.

Rule 22. When the amendments are offered to any question before the Council, the vote shall first be taken upon the amendment last proposed.

Rule 23. The acting Mayor, when selected from the Council, shall not be deprived of his right to vote or debate, but shall place some member in the chair if he desires to speak on a question.

Rule 24. The rules and order of business shall not be suspended, unless for some stated and specific purpose, and no other business shall be in order excepting the business for which the rules were suspended, and after disposing of the business for which the rules were suspended, the rules and regular order of business of the Council shall then be in force.

Rule 25. On all questions nor specifically covered by the foregoing rules of order, form number 1 to 28, inclusive, the usual, customary and well-established rules governing parliamentary bodies shall prevail. (R.O. 1911, Sec. 10)

Rule 26. When any motion, resolution, or proposed ordinance, has been passed upon by the Council, the same may be reconsidered at the same or any subsequent regular meeting, or special meeting with proper notice, upon the motion of any alderman who voted with the majority in the prior consideration; provided that a motion shall not be entertained unless there be present at least as many aldermen as were present when the question was previously passed upon, and provided that any matter requiring approval or recommendation to the Council by any commission or agency of the City of Farmington shall not be reconsidered more than two (2) times, such reconsideration to not be allowed after more than six (6) months form the date of initial consideration by the Council. (Ord. 78-9, 9-5-78)

1-5-7                ADDRESSING CITY COUNCIL AND COUNCIL COMMITTEES:

Persons who wish to address the City Council or any of its committees on any matter may request recognition prior to the meeting, or during the General Comments portion of the Agenda, or if the matter relates to a specific agenda item, during the discussion of that item. The Mayor (or Chair of the Committee in the case of a Committee meeting) will attempt to accommodate such requests to the extent practicable by directing that such requests shall be heard during General Comments during debate on a specific item.

During the General Comment portion of the City Council meetings, if any, all public comments are limited to five (5) minutes per individual. Individuals are directed to be brief and concise in making their remarks and to address topics directly relevant to business of the City Council. Public comment is not intended to require City Council or Committee members to provide any answer to the speaker.

Nothing herein is intended to limit or restrain negative, positive, or neutral comments about the manner in which an individual employee, officer, official, or council member carries out his or her duties in public office or public employment of the city.

  1. S.H.A. Ch. 24, 3-11-13
  2. Not available

Mayor

SECTION:

1-6-1:Mayor Elected
1-6-2:Appointment of Officers
1-6-3:Supervisor of Officers
1-6-4:Signature
1-6-5:Revocation of Licenses and Permits
1-6-6:Release of Prisoners

1-6-1:               MAYOR ELECTED: The Mayor, the chief executive officer of the City, shall be elected as provided by law. *1 (1969 Code)

1-6-2:               APPOINTMENT OF OFFICERS: The Mayor shall appoint, by and with the advice and consent of the Council, all officers of the City not elective, or whose appointment shall not be otherwise provided for by law, and whenever a vacancy occurs in any office, which by law he is empowered to fill, he shall appoint, with the advice and consent of the Council, some person to fill such vacancy, and for that purpose he shall, at first regular meeting of the Council after such vacancy occurs, present to the Council a nominee for such vacancy; and shall immediately, upon the occurrence of said vacancy, designate some person to discharge the duties of said office until said vacancy is filled; provided, the term of office of all officers appointed by the Mayor shall expire with the municipal year during which said appointment was made. 

1-6-3:               SUPERVISION OF OFFICERS: The Mayor shall supervise the conduct of all the officers of the City and shall examine the grounds of all reasonable complaints made against any of them, and cause their violations of duty and other offenses, if any, to be promptly punished. (R.O. 1911, Sec. 3)

1-6-4:               SIGNATURE: The Mayor shall sign all licenses and permits granted by the authority of the Council, except as otherwise provided by law or ordinance. *3 (R.O. 1911; Sec. 3)

1-6-5:               REVOCATION OF LICENSES AND PERMITS: The Mayor shall have power to revoke any license or permit granted, by virtue of provisions of the Code or for any gross misconduct by the license, or his agents; provided, that the party aggrieved may appeal to the Council at the next regular meeting, when, if the majority of all the members-elect to the Council so vote, said license shall again become valid and of full force and effect. (R.O. 1911, Sec. 4)

1-6-6:               RELEASE OF PRISONERS: The Mayor shall have the power and authority to release and discharge, at his discretion, any person imprisoned for the violation of any provisions of this Code. In each and every case in which such release and discharge shall be made so by the Mayor, he shall cause a proper record thereof to be made on the docket of the committing magistrate, and shall report same in writing to the next regular meeting of the Council, with a statement setting out his reason for such release and discharge. *4 (R.O. 1911, Sec. 5)

  1. S.H.A. Ch. 24, Sec. 3-4-1 and 3-4-2
  2. S.H.A. Ch. 24, Sec. 3-7-2 amd. 1963
  3. S.H.A. Ch. 24, Sec. 3-11-5
  4. S.H.A. Ch. 24, 3-11-2.

Clerk

SECTION:

1-7-1:Clerk Elected
1-7-2:Duties
1-7-3:Salary

1-7-1:               CLERK ELECTED: The Clerk of the City shall be elected as provided by law. *1

1-7-2:               DUTIES: The clerk shall perform the duties imposed on him by statute, including but not limited to:

(A)       Keeping the Corporate Seal.

(B)       Keeping all the papers belonging to the Municipality, the custody and control of which are not given to other officers.

(C)       Attending all meetings of the corporate authorities, and keeping a full record of all proceedings. In addition, the Clerk shall perform the following duties set forth in subsections (D) through (I).

            In addition, the Clerk shall perform the following duties:

(D)       Attest the mayoral signature on official documents, ordinances and resolutions.

(E)       Countersign drafts and checks with the Mayor.

(F)       File minutes of all corporate proceedings, and all ordinances.

(G)       Publish ordinances and legal notices as required by law or directed by the City Council.

(H)       Perform any duties required by State statute, including necessary election duties not performed by the County Clerk.

(I)        Perform such other duties as might be assigned by the City Council.

1-7-3:               SALARY: The City Clerk shall receive a salary of one thousand five hundred dollars ($1,500.00) per year. (Ord. 84-12, 12-31-84, eff. 5-85)

  1. S.H.A. Ch. 24, 3-4-1 and 3-4-2.

Treasurer

SECTION:

1-8-1:Treasurer Elected
1-8-2:Duties
1-8-3:Monthly Accounts
1-8-4:Books of Accounts
1-8-5:Receiving of Money; Accounts; Receipts

1-8-1:               TREASURER ELECTED: The treasurer shall be elected as provided by law. (Ord. 78-8, 8-7-78)  UPDATE: SEE CITY CODE 1-11-2

1-8-2:               DUTIES: The Treasurer shall receive all moneys belonging to the City, and shall keep his books and accounts in such a manner as shall exhibit at all times the true financial condition of the City. *1 (R.O. 1911, Sec. 30)

1-8-3:               MONTHLY ACCOUNTS: The Treasurer shall render at the end of each month, and oftener if required, a statement, under oath, to the Council showing the state of the Treasury at the date of such account, and the balance of the money in the Treasury. Such statement shall set forth all the moneys received by him, and from whom, and on what account they shall have been received; also, all moneys paid out by him, and on what account they shall have been paid. *2 (R.O. 1911, Sec. 31)

1-8-4:               BOOKS OF ACCOUNTS: The Treasurer shall cause to be kept books of accounts, in such a manner as to show with entire accuracy, all moneys received by him, and from whom, and on what account they shall have been received; and all moneys paid out by him, and on what account they shall have been paid, and in such manner that such books may be readily understood and investigated. Such books, and all papers and files of his office, shall be at all times open to examination of the Mayor, Committee on Finance, or any member of the Council. (R.O. 1911, Sec. 32)

1-8-5:               RECEIVING OF MONEY; ACCOUNTS; RECEIPTS: The Treasurer shall receive all moneys belonging to the City, and shall keep a separate account of each fund or appropriation and debits and credits belonging thereto. He shall give to every person paying money into the Treasury a receipt thereof, specifying the date of payment, and upon what account paid. and he shall file copies of such receipts with the Clerk at the date of his monthly report. *3 (R.O. 1911, Sec. 33)        

  1. S.H.A. Ch. 24, Sec. 3-10-1
  2. S.H.A. Ch. 24, Sec. 3-10-2
  3. S.H.A. Ch. 24, Sec. 3-10-4 and 5

Attorney

SECTION:

1-9-1:Appointment
1-9-2:Legal Adviser
1-9-3:Drafts or Ordinances
1-9-4:Contracts, Deeds
1-9-5:Papers
1-9-6:Prosecution and Defense of Suits
1-9-7:Collection of Judgement
1-9-8:Prosecution for Violation of Ordinances
1-9-9:Power to Dismiss and Compromise
1-9-10:Appeals form Justices
1-9-11:Docket of Cases
1-9-12:Written Opinions
1-9-13:Annual Report
1-9-14:Delivery of Papers to Successor

1-9-1:               APPOINTMENT: The City Attorney shall be appointed by the Mayor, with the advice and consent of the Council. (1969 Code) *1

1-9-2:               LEGAL ADVISER: The City Attorney shall be the legal adviser of the City; he shall, when required, advise the Council or any City officer in all matters of law in which the interests of the corporation are involved. He shall, when required by the Mayor, Council or any committee thereof, furnish legal opinions upon any subject submitted to him pertaining to the City or its interests. (R.O. 1911, Sec. 35)

1-9-3:               DRAFTS OF ORDINANCES: The City Attorney shall draft such ordinances as may be required of him by the Council or by any committee thereof. (R.O. 1911, Sec. 36)

1-9-4:               CONTRACTS, DEEDS: The City Attorney shall draw any deeds, leases, contracts, or other papers required by the business of the City, when requested so to do by the Mayor, the Council or any committee thereof. (R.O. 1922, Sec.37)

1-9-5:               PAPERS: The City Attorney shall examine and pass upon the legality of any or all papers submitted to him pertaining to the City or its interests, when required by the Mayor, Council or any committee thereof. (R.O. 1911, Sec. 38)

1-9-6:               PROSECUTION AND DEFENSE OF SUITS: The City Attorney shall prosecute or defend, in behalf of the City, all cases in which the interests of the City are involved; and the Clerk shall furnish him certified copies of any ordinances, bonds, or other papers in his keeping, necessary to be filed or used in any suit or proceeding. (R.O. 1911, Sec. 39)                               

1-9-7:               COLLECTION OF JUDGMENT: He shall cause executions to be issued upon all judgments recovered in favor of the City, and see to their prompt collection. He shall examine all fee bills of officers of courts, and to certify to the correctness of the same and the liability of the City thereof. (R.O. 1911, Sec. 40)

1-9-8:               PROSECUTION FOR VIOLATION OF ORDINANCES: The City Attorney shall            be charged with the prosecution of all actions for violation of the ordinances of the City, and with the conduct of all such proceedings before justices, or an appeal therefrom. He shall institute an action in every case where there has been a violation of any City ordinance, when instructed to do so by the Mayor, Council, or any committee thereof, or upon complaint of any other person, when, in his judgment, the public interest requires that the same shall be prosecuted. (R.O. 1911, Sec. 41)

1-9-9:               POWER TO DISMISS AND COMPROMISE: The City Attorney may, when he becomes satisfied that a complaint was instituted maliciously or vexatiously and without probable cause, discontinue any action brought for the violation of any City ordinance upon such terms as to him may seem just and equitable. (R.O. 1911, Sec. 42)

1-9-10:             APPEALS FROM JUSTICES: An appeal may be taken by the City Attorney from            the judgment of any magistrate or justice of the peace to the County Court or Circuit Court of Fulton County, in any case when, in his opinion, the public interest shall require it; but no appeal or writ of error shall be taken by said Attorney in behalf of the City to any higher court, unless the same be authorized by the Mayor or directed by the Council. (R.O. 1911, Sec. 43)

1-9-11:             DOCKET OF CASES: The City Attorney shall keep in proper books to be provided for that purpose a register of all actions in court prosecuted or defended by his office, to which the City may be party, and shall keep an accurate record of all proceedings had therein; such books shall at all times be open to the inspection of the Mayor or any member or committee of the Council. (R.O. 1911, Sec. 44)

1-9-12:             WRITTEN OPINIONS: It shall be the duty of the City Attorney to keep, in a suitable book to be provided by the City for that purpose, a record of written opinions given or furnished by him to the City. (R.O. 1911, Sec. 45)

1-9-13:             ANNUAL REPORT: The City Attorney shall, annually, on or before the first day of April of each year, report in writing to the Council all suits instituted and pending in the courts of record, wherein the City is plaintiff or defendant, together with the names of the parties to the suit, the date of their commencement, the nature thereof and the several steps taken by him to bring the same to a final issue. His report shall also give a list of all cases disposed of in said courts of record during his term of office and subsequent to his last report, with such explanatory remarks as he may think proper to add thereto, to the end that the Council may be kept fully advised as to the legal affairs of the City. (R.O. 1911, Sec. 46)

1-9-14:             DELIVERY OF PAPERS TO SUCCESSOR: Upon expiration of his term of office, or his resignation thereof, or removal therefrom, the City Attorney shall forthwith, on demand, deliver to his successor in office all books papers in his hands belonging to the City or delivered to him by any of its officers, and all papers and information in his possession in actions wherein the City is a party, and which are then pending and undetermined, together with his register thereof and of the proceedings therein. (R.O. 1911, Sec. 47)

  1. S.H.A. Ch. 24, Sec. 3-7-1 and 3-7-3.

Committees

SECTION:

1-10-1:Appointment of Committees
1-10-2:General Duties
1-10-3:Duties of Committee on Finance and Ordinance
1-10-4:Duties of Committee on Public Safety
1-10-5:Duties of Committee on Water and Sewer
1-10-6:Duties of Committee on Streets, Sidewalks and Garbage
1-10-7:Duties of Committee on Parks and Recreation
1-10-8:Duties of Committee on Public Grounds and Buildings

1-10-1:             APPOINTMENT OF COMMITTEES: It shall be the duty of the Mayor, at the first regular meeting of the Council in May of each year, or as soon as may be convenient, to appoint six (6) standing committees of the Council, which shall be as follows:

  • Committee on Finance and Ordinance
  • Committee on Public Safety
  • Committee on Water and Sewer
  • Committee on Streets and Sidewalks
  • Committee on Parks and Recreation
  • Committee on Public Grounds and Buildings

1-10-2:             GENERAL DUTIES: It shall be the duties of the standing committees of the Council to keep a close watch of the affairs of their respective departments of the City Government. They shall have general management, control and supervision over all works and things ordered to be made or done by the Council, in their respective departments, and they shall make a report to the Council of such facts occurring therein, or with reference thereto, as may be deemed of importance. Each committee shall promptly and thoroughly investigate all matters that may be referred to it, and report orally to the Council, unless cost are involved. Each committee shall do and perform all other duties, as the Council may from time to time to prescribe by resolution motion or otherwise. In addition to the aforesaid enumerated general duties, the several committees mentioned shall particularly be charged with the following duties. (R.O. 1911, Sec. 12)

1-10-3:             DUTIES OF COMMITTEE ON FINANCE AND ORDINANCE: The Committee on Finance and Ordinance shall review City accounts and transactions and shall prescribe the manner in which accounts shall be kept and make recommendations to the Council. The Committee on Finance and Ordinance shall develop an investment policy for City funds not required for immediate use. It shall monitor various areas and departments of City government and make recommendations on efficient use of City moneys being spent. The Committee of Finance and Ordinance, with consent of Council, shall cause the annual audit to be performed and shall present this to Council for review and consideration. It shall also be the duty of the Committee on Finance and Ordinance to keep in close communication with the City Administrator in regards to the financial condition of the City. The Committee on Finance and Ordinance shall annually review the City Code and make recommendations to keep the Code current. The Committee on Finance and Ordinance shall cause to be drafted, ordinances as requested by members of the Council and shall review said ordinances prior to submission to the full Council for approval.                   

1-10-4:             DUTIES OF COMMITTEE ON PUBLIC SAFETY:  The Committee on Public Safety shall have charge of the Police Department of the City and it shall be its duty to see that the Police Department of the City is at al times kept in a condition that will render it effective for the purpose of preserving peace and order. It shall also be the duty of the Committee on Public Safety to keep in close communication with the Chief of Police in regards to activities, costs, performance and general operation of the department. No member of this Committee shall have access to police files except those records which are a matter of public record. The Committee on Public Safety shall also have charge of the Emergency Services and Disaster Agency (ESDA) of the City and shall see that this organization is in a condition to assist with emergencies and disasters within the City as might possibly occur.

1-10-5:             DUTIES OF COMMITTEE ON WATER AND SEWER: The Committee on Water and Sewer shall have charge of the various areas of the City water and sewer systems. It shall be the duty of the Committee of Water and Sewer to see that these various areas are operated in such a manner as to provide the City with the most effective service. It shall also be the duty of the Committee on Water and Sewer to keep in close communication with the Superintendent of Public Works and the City Administrator on the activities, costs, performance and general operation of these systems.

1-10-6:             DUTIES OF COMMITTEE ON  STREETS, SIDEWALKS, GARBAGE: The Committee on Streets, Sidewalks, and Garbage shall have charge of the various areas of the City streets and alleys and public sidewalks. The Committee on Streets, Sidewalks and Garbage shall also have charge of the City solid waste collection and disposal. It shall be the duty of the Committee on Streets, Sidewalks and Garbage to see that these various areas are operated in such a manner as to provide the City with the most effective service. It shall also be the duty of the Committee on Streets, Sidewalks and Garbage to keep in close communication with the Superintendent of Public Works and the City Administrator on the activities, cost, performance and general condition of these systems.

1-10-7:             DUTIES OF COMMITTEE ON PARKS AND RECREATION: The Committee on Parks and Recreation shall have charge of the various City owned parks and recreational programs. It shall be the duty of the Committee on Parks and Recreation to see that these various parks and programs are operated in such a manner as to provide the City with the most effective service. It shall also be the duty of the Committee on Parks and Recreation to keep in close communication with the Superintendent of Public Works and the City Administrator on the activities, cost, performance and general operation of these parks and programs.                                                          

1-10-8:             DUTIES OF COMMITTEE ON PUBLIC GROUNDS AND BUILDINGS: The Committee on Public Grounds and Buildings shall have charge of the various City owned buildings and properties. It shall be the duty of the Committee on Public Grounds and Buildings to see that these various buildings and properties are maintained in such a manner as to safeguard the investment the City has in these properties and to use the buildings and properties in the best interest of the general public. It shall also be the duty of the Committee on Public Grounds and Buildings to keep in close communication with the Superintendent of Public Works and the City Administrator on the uses, costs, and general maintenance of these buildings and properties. (Ord. 97-08, 5-19-97)

Officers

SECTION:

1-11-1:Terms of Appointive Officers
1-11-2:Appointive Officers
1-11-3:Salaries of elective Officers
1-11-4:Salaries of Appointed Officers
1-11-5:Board of Local Improvements

1-11-1:             TERMS OF APPOINTIVE OFFICERS: All officers appointed by the Mayor, by and with the advice and consent of the Council, whose term of office is not otherwise expressly provided for by law, shall be appointed at the first meeting of the Council in May of each year and shall hold their respective terms of office for one year, and until their successors are appointed and qualified. (R.O. 1911, Sec. 373)

1-11-2:             APPOINTIVE OFFICERS: At the first meeting of the Council in May of each year, the Mayor shall, by and with the advice and consent of the Council, appoint the following officers in addition to all other officials otherwise provided for in this Code:

  • City Attorney, who need not be a resident of the City. (Ord. 304, 5-1-44)
  • City Treasurer, who must be a resident of the City. (Ord. 97-04)

1-11-3:             SALARIES OF ELECTIVE/APPOINTED OFFICERS: The salaries of the elective/appointed officers of the City shall be as follows:

(A)       The Mayor shall receive a salary of three thousand five hundred dollars ($3,500.00) per year as Mayor of said City, and a salary of five hundred dollars ($500.00) per year as Liquor Commissioner of said City, and reimbursement for loss of work at his place of employment and actual expenses incurred; but not to exceed the sum of one thousand dollars ($1,000.00) per year. (Ord. 00-05)

(B)       The Aldermen shall receive a salary of fifty dollars ($50.00) per regular or special meeting attended and reimbursement for loss of work at his/her place of employment and actual expenses incurred; but not to exceed the sum of three hundred dollars ($300.00) per year. (Ord. 00-05, 05-22-00)

(C)       The City Clerk shall receive a salary of two thousand four hundred dollars ($2,400.00) per year. (Ord. 00-06, 05-22-00)

(D)       The City Treasurer shall receive a salary of two hundred fifty dollars ($250.00) per year as City Treasurer of said City. (Ord. 69-5, 5-5-69)

1-11-4:             SALARIES OF APPOINTIVE OFFICERS:

(A)       The Superintendent of Streets shall receive a salary of six thousand six hundred seventy eight dollars ($6,678.00) per year, payable in twelve (12) equal installments. (Ord. 69-5, 5-5-69)

(B)       The Chief of Police shall receive a salary of five thousand five hundred sixty five dollars ($5,565.00) per year payable in twelve (12) equal installments.

(C)       All other policemen shall receive the sum of two dollars two cents ($2.02) per hour for each hour of duty on the Police Force.

(D)       The City Attorney shall receive an annual retainer fee of one thousand dollars ($1,000.00) for further compensation for his duty as attorney for the Board of Local Improvements or other board or commission of said City. (Ord. 69-9, 5-5-69)

(E)       The Assistant Superintendent of Streets and Assistant Ex Officio Superintendent of Water and Sewer shall receive a salary of four thousand two hundred dollars ($4,200.00) per year. (Ord. 435, 1-4-60)

(F)       All extra police who are paid on a daily wage basis shall receive from henceforth the daily wage of six dollars ($6.00) per day. (Ord. 329, 3-1-48)

(G)       The Fire Marshal of the Fire Department of the City shall receive a salary of one hundred dollars ($100.00) per year.

(H)       The Assistant Fire Marshal of the Fire Department of the City shall receive a salary of fifty dollars ($50.00) per year. (Ord. 406, 4-25-56)

(I)        The Superintendent of Sewer and Water shall receive a salary of five thousand two hundred dollars ($5,200.00) per year, payable in twelve (12) equal installments. (Ord. 69-7, 5-5-69) 

(J)        The Deputy City Clerk shall receive a salary of twenty-five dollars ($25.00) per week. (Ord. 69-10, 5-5-69)

1-11-5:             BOARD OF LOCAL IMPROVEMENTS: The Board of Local Improvements of said City shall consist of four (4) members who shall be the Mayor of said City, who shall be the President of said Board, the Superintendent of Streets of said City, Carroll Baylor and Hubert Schuman, Aldermen. The City Clerk of said City shall be secretary of said Board. (Ord. 69-11, 5-5-69)

Supervisor of Plumbing and Sewers

SECTION:

1-12-1:Office Created, Bond

1-12-1:             OFFICE CREATED; BOND: The office of Supervisor of Plumbing and Sewer in and for the City is hereby created. *1

Said officer shall file an official bond (*2) in the sum of one thousand dollars ($1,000.00), and shall receive such compensation as the Council may from time to time fix by resolution at any regular meeting thereof. (Ord. 171, 10-17-21) 

  1. S.H.A. Ch. 24, 3-7-1 
  2. S.H.A. Ch. 24, 3-14-3

Registrar of Vital Statistics

SECTION:

1-13-1:Registrar
1-13-2:Duties
1-13-3:Records

1-13-1:             REGISTRAR: The Clerk shall be Registrar of Vital Statistics for the City. *1

1-13-2:             DUTIES: A report of all births, still births, and deaths shall be made to the local Registrar of Vital Statistics, which report shall contain all information required by the “Act to provide for the registration of all births, still births, and deaths in the State of Illinois, an to repeal an act herein named”, approved June 22, 1915 as amended. *2

1-13-3:             RECORDS: The local Registrar shall keep a record showing all births, still births, and deaths occurring within the City, which record shall include all information required to be kept by the Act herein above described. (Ord. 299, 9-7-43)

  1. S.H.A. Ch. 111 ½, Sec. 73-7.
  2. S.H.A. Ch. 111 ½, Sec. 73-8.

Fire Marshal

SECTION:

1-14-1:Elected; Term of Office
1-14-2:Report to Clerk
1-14-3:Powers
1-14-4:Disability

1-14-1:             ELECTED; TERM OF OFFICE: The Fire Marshal shall be elected by the members of the Fire Department and confirmed by the Council in the same manner as appointed officers. He shall hold his office for one year and until his successor shall be elected and duly qualified, and shall be subject to removal for cause, and the vacancy so left shall be filled by appointment by the Mayor, by and with the consent of the Council. (R.O. 1911, Sec. 182)

1-14-2:             REPORT TO CLERK: The Fire Marshal shall give to the Clerk, who shall keep the same, a correct record of all members and officers of the Fire Department, and shall report to him, also, any and all changes that may be made in the same. (R.O. 1911, Sec. 183)

1-14-3:             POWERS: The Fire Marshal shall have full control of all the fire apparatus of the Department at all times, subject to the direction of the Council or its proper committee, and every member of the Department shall obey his orders at all times when acting in such capacity.  (R.O. 1911, Sec. 184)

1-14-4:             DISABILITY OF FIRE MARSHAL: In case of the disability of the Fire Marshal, through sickness, absence, or other cause, his authority and duties shall be discharged by such person as shall be authorized by the rules of the Department. (R.O. 1911, Sec 185)

Deputy City Clerk

SECTION:

1-15-1:Office Created
1-15-2:Appointed
1-15-3:Bond; Hours
1-15-4:Powers
1-15-5:Duties
1-15-6:Salary

1-15-1:             OFFICE CREATED: There is hereby created the office of Deputy City Clerk. Ord. 91-03, 3-4-91)

1-15-2:             APPOINTMENT: The Deputy City Clerk shall be appointed by the City Clerk and shall be removed from office in the same manner. (Ord. 91-11, 6-17-91)

1-15-3:             BOND; HOURS: The Deputy City Clerk shall file with the City a surety bond in an amount sufficient to fulfill state statutory requirements, the minimum amount being ten thousand dollars ($10,000). The Office of Deputy Clerk shall be a full time position requiring forty (40) hours per week. (Ord. 91-03, 3-4-91)

1-15-4:             POWERS: The Deputy City Clerk shall have the power and duty to execute all documents required by any law to be executed by the Clerk and affix the seal of the Clerk thereto whenever required. In signing any documents the Deputy City Clerk shall sign the name of the Clerk followed by the word “by” Deputy City Clerk only and the words “Deputy City Clerk”. When duly authorized as herein provided the signature affixed by any such Deputy in the manner herein provided on any document including but not limited to contracts, bonds or any other obligations of this City such documents shall have the same effect as if such document so executed had been signed by the Clerk in person. (Ord. 91-03, 3-4-91)          

1-15-5:             DUTIES: The duties of the Deputy City Clerk shall be to handle the accounts receivable and the billings of the water, sewer and garbage customers of the City. It shall also be the duty of the Deputy City Clerk to act as payroll clerk for the various City departments and to process the payroll and reports as prescribed by the City Council and City Administrator. General correspondence, daily mail distribution and other duties assigned by the City Council or City Administrator will also be duties of the Deputy City Clerk. Such duties are to be conducted in the business office of the City Building. The schedule of the working hours shall be at the direction of the City Administrator with the approval of the City Council. (Ord. 91-03, 3-4-91)

1-15-6:             SALARY: The salary to be paid to the Deputy City Clerk shall be an annual salary established by the City Council and set forth in the annual budget adopted for each fiscal year. (Ord. 91-03, 3-4-91)

  1. S.H.A. Ch. 24, Sec. 3-14-3

General Provisions

SECTION:

1-16-1:Official Bonds
1-16-2:Seal
1-16-3:Fiscal Year

1-16-1:             OFFICIAL BONDS: The bonds of all officials shall be executed by two (2) or more sureties conditioned as provided in the Statute of Illinois and provisions of this code. *1 The execution of all official bonds shall be acknowledged by the principal and his sureties before some person authorized to take the acknowledgment of deeds, and a certificate of such acknowledgment made thereon. Said bonds shall be approved by the Council and the Clerk shall endorse thereon the date of approval and file the same; provided, however, that the bond of the Clerk shall be filed with the Treasurer. (R.O. 1911, Sections 73 and 74)

Before entering upon their respective duties the various officers shall give bonds in the several amounts as follows:

Mayor$3,000.00
Clerk$2,000.00
Attorney$1,000.00
TreasurerNot less than the estimated tax
and special assessment for the
current year
Chief of Police$1,000.00
Policeman$1,000.00
Superintendent of Streets$1,000.00

The amount of the bond of all other officers not specially mentioned herein shall be one thousand dollars ($1,000.00) each, unless otherwise provided in this code. (R.O. 1911, Sec. 75)

The City shall pay out of the funds of said City the cost of any official bond furnished by any officer of the City required by the laws, rules or regulation thereof to execute the same, in case said officer shall furnish the same with a surety company or companies authorized to do business in this State under the laws thereof. (Ord. 311; 7-2-45)

1-16-2:             SEAL: The Seal provided and authorized for the City shall be circular in form, and be so constructed as to impress upon paper the words “City of Farmington, Illinois”, around the outer circle thereof, and within such circle the design of a standing sheaf of wheat with the word “incorporated” above, and thereunder “1865 and 1887”; which Seal represented as aforesaid shall be and is hereby established, declared to have been, and now to be, the Seal of the City. *2  (R.O. 1911 Sec. 97)

The said Seal shall be and remain in the custody of the Clerk of the City, and his successor in office, to be used by him in all cases provided for by the provisions of this Code, or the laws of the State of Illinois, and in all such other cases where, by the laws and customs of any state or nation, the use of the Corporate Seal of the City become necessary. *3 (R.O. 1911, Sec. 98)

1-16-3:             FISCAL YEAR: The fiscal year of the City shall be construed to begin upon May 1, of one calendar year and end on April 30 of the succeeding year; and all the appropriations deemed necessary to defray the expenses and liabilities of the City shall be construed to meet the expenses and liabilities of the City during the fiscal year as herein defined.. *4  (R.O. 1911, Sec 34) (Amended Ordinance 2012-06, Passed 05/07/12).

  1. S.H.A. Ch. 24, Sec. 3-14-3.
  2. S.H.A. Ch. 24, Sec. 2-12-2.
  3. S.H.A. Ch. 24, Sec. 3-10-7.
  4. S.H.A. Ch. 24, Sec. 1-1-2 (5).

Fines, Forfeitures; Penalties

SECTION:

1-17-1:Where Actions May be Instituted
1-17-2:Complaint
1-17-3:Bond for Appearance; Form
1-17-4:Failure to Appear; Forfeiture of Bond
1-17-5:Time of Detention Before Trial
1-17-6:Release Prohibited
1-17-7:Trial; Judgment; Commitment to Jail
1-17-8:Form of Judgment
1-17-9:Form of Execution and Mittimus
1-17-10:Security For Costs
1-17-11:Prisoners Required to Labor
1-17-12:Minors
1-17-13:Jury Trial; Change of Venue; Continuances; Evidence; Fees; Appeals
1-17-14:City Prison
1-17-15:Fines Paid; Receipts
1-17-16:Execution of Process by Officer
1-17-17:Fees of Jurors and Witnesses
1-17-18:Attach Property
1-17-19:Record
1-17-20:Fine Amounts

1-17-1:             WHERE ACTIONS MAY BE INSTITUTED: All suits, actions or prosecutions for the recovery of any fine, forfeiture or penalty by the City against any person for the violation of any provisions of this Code, where said fine, for forfeiture or penalty does not exceed five hundred dollars ($500.00), may be instituted by any officer of the City, or other responsible person, before the proper magistrate or Court. (R.O. 1911, Sec. 161)

1-17-2:             COMPLAINT: In all suits, actions or proceedings brought for the violation of any provision herein now, or that may hereafter be, in force in the City, the first process shall be a summons; provided, however, that a warrant for the arrest of an offender may issue in the first instance upon the affidavit of any person that any such provision has been violated, and that the person making the complaint has reasonable grounds to believe that the party charged is guilty thereof; and any person arrested upon such warrant shall, without unnecessary delay, be taken before the proper office in the City, to be tried for the alleged offense; said complaint or affidavit shall be in the following form, as nearly as may be: *1

STATE OF ILLINOIS   )
County of Fulton,         )  ss.
City of Farmington,      )

The complaint and information of                                   whom, being duly sworn, an oath says that has reasonable grounds to believe that one                                      heretofore, to wit: on the         day                      AD                              was guilty of a breach and violation of Section                  of Chapter                 of the City Code of said City, in this, that the said                       did then and there (here state the breach or violation) at and within the City of Farmington, in the County of Fulton and State of Illinois, contrary to the provisions of said Code.

Subscribed and sworn to me this              day of                           , A.D. 19         .

Which affidavit may be varied to suit the nature of the case, and as the circumstances may require, without regard to any particular words, provided the same shall substantially set forth the nature of the offense charged. And upon presentation of said affidavit to the proper officer, he shall issue his warrant, reciting therein the substance of the offense set forth in the complaint, for the arrest of the person or persons therein named, returnable forthwith; which warrant shall run in the name of the People of the State of Illinois, and shall be directed to the Chief of Police or any policeman of the City, or to the Sheriff or any Constable of the County of Fulton. (R.O. 1911, Sec. 162)

1-17-3:            BOND FOR APPEARANCE; FORM: Any person, with or without warrant, arrested and brought before any such officer for the violation of any provision of this Code shall have the right to postpone trial, on cause for continuance shown according to the laws of the State of Illinois, and may release his body from arrest for a period of not exceeding ten (10) days, except for cause stated in Section 1-17-6 hereof, by entering into an obligation, with one or more responsible sureties, to be approved by such officer, which obligation may be substantially in the following form:

STATE OF ILLINOIS   )
County of Fulton,         )  ss.
City of Farmington,      )

This is to witness that if the undersigned, A.B., shall fail to appear before, remain with and abide the orders of C.D., a                              at the office of said officer in the City on the           day of               , 19           at                o’clock      m., or at any other reasonable time then appointed by said officer, with or without the consent of said A.B., not exceeding three days thereafter, and shall then and there fail to answer the violation of any provision of the City Code, on a complaint sworn to by some responsible person, and before the time first above name filed with such office, then and in that case, we, the undersigned, acknowledge ourselves jointly and severally indebted to said City in any sum not exceeding five hundred dollars ($500.00) adjudged to be due the City, on said complaint, for the payment of which we bind ourselves, our heirs, executors and administrators, under our hands and seals, this             day of                 , 19          , at said City.
(R.O. 1911, Sec. 163)

1-17-4:             FAILURE TO APPEAR; FORFEITURE OF BOND: When any person, being arrested or in custody, having given bond as aforesaid, shall fail to appear at the time and place when and where the suit is set for trial, the proper officer may impanel a jury and proceed with the hearing of the cause and hear the testimony on behalf of the City, and render judgment upon the verdict of the injury; and suit shall forthwith be brought against the surety or sureties on defendant’s bond for the amount of the penalty thereof and judgment rendered by the court for the same, and all cost, or so much of such penalty as may seem just and equitable upon consideration of the facts and circumstances of the case. (R.O. 1911, Sec. 164)

1-17-5:            TIME OF DETENTION BEFORE TRIAL: Any person arrested for any offense under any provisions of this Code may be detained in custody in the City prison, or other safe place, during Sunday, a legal holiday, or over night and for a reasonable time on all other occasions, until such offender can be brought for trial before some proper officer; provided, that any such offender so arrested without warrant, except for cause stated in following Section 1-17-6 hereof, may during any time so detained, release his body form custody be entering into with said City a bond or recognizance provided for in Section 1-17-3 hereof. (R.O. 1911, Sec. 165)

1-17-6:             RELEASE PROHIBITED: No person so arrested for the violation of any provisions of this Code shall be released at any time from the custody of said City or other lawful authority so long as the conduct, language and personal appearance of such offender are calculated to lead a prudent and reasonable person to suspect that such offender is an idiot or lunatic, or so far under the sway of passion or influence of intoxicating liquors  that the public peace or security of any person would be jeopardized by the release of such offender. Any officer violating the provisions of this Section shall, upon conviction, be fined in a sum not exceeding twenty-five dollars ($25.00). (R.O. 1911, Sec. 165)

1-17-7:             TRIAL; JUDGMENT; COMMITMENT TO JAIL:  The proper officer is authorized and directed to proceed without unnecessary delay with the examination or trial of any offender of any provision of this Code, whether brought before such officer by summons or otherwise, and immediately upon conviction of such offender enter judgment in favor of the City for the amount of the fine or penalty and costs of prosecution, and order that such offender, in default of immediate payment of such judgment and costs, shall be committed to the City prison or other safe place of custody until such fine is paid or offender is otherwise discharged under the provisions hereof or by due process of law; provided, no imprisonment shall exceed six (6) months. (R.O. 1911, Sec. 167)

1-17-8:             FORM OF JUDGMENT: Such judgment as provided in Section 1-17-1 may be substantially in the following form:

City of Farmington, Plaintiff,)                              Suit on Section            of Chapter            
              vs.                            )                             of the City Code of the City of
A.B., Defendant.                    )                              Farmington.

(After reciting the proceedings, conclude as follows:)
After evidence heard (and upon a verdict found by a jury) in the above entitled cause, it is adjudged by the court that the above defendant pay to the City of Farmington                dollars penalty and                   dollars costs of suit, and in default of immediate payment that said defendant is committed to the City prison or other safe place of custody until the penalty and cost aforesaid are paid, or said defendant otherwise discharged, according to the City Code or due process of law.

Provided, that where such offender is a corporation, an ordinary judgment shall be rendered and execution issued and subsequent proceedings of levy and sale be had, as are provided for in the Statutes of this State in civil cases before justices of the peace. (R.O. 1911, Sec. 168)

1-17-9:             FORM OF EXECUTION AND MITTIMUS: The officer or court rendering any such judgment, substantially of the form aforesaid, shall demand of the defendant the immediate payment of the same in lawful money, and in default of such payment shall immediately issue a order for the arrest and commitment in the City prison, of said defendant pursuant to the terms of such judgment, which order or mittimus shall be substantially of the following form:

STATE OF ILLINOIS,    )
Fulton County,                 )    ss.
City of Farmington,          )

The People of the State of Illinois to the Chief of Police and Warden of the City Prison of the City of Farmington, or Sheriff or any constable of said County, Greeting:

Whereas, on the             day of             , 19         , said City of Farmington recovered before me a judgment for the sum of                       dollars penalty, and                     dollars              cents costs, against C.D., for the violation of Section             of Chapter               of the City Code of said City by (here state offense).

Now this is to command you in the name and authority of said people to demand of said C.D. the immediate payment, in lawful money, of said judgment and costs, and upon his failure or refusal to pay the same on such demand, that you arrest and take the body of the said C.D. and him deliver, together with this writ, to the warden of the City prison aforesaid, and we command you, the said warden, to receive the body of him, the said C.D. and him safely keep, in the City prison or other safe place of custody for six (6) months or until discharged by due process of law. And you are hereby commanded to make return of this execution within seventy (70) days from the date thereof, with your return thereon stating how you executed the same.

Give under my hand this             day of                      .
            (Name of official and title of office).

Upon the back of such mittimus the office shall endorse the names and residence of the principal witnesses against the defendant; and the several officers into whose hands the same may come shall endorse the date and manner of executing the same; and it shall be the duty of any such officer having possession of such mittimus to furnish such defendant on demand a copy thereof, with the endorsements; provided, that the Mayor may, if in his opinion the recovery of any judgment rendered against any defendant will not be jeopardized, or the welfare of said City will be thereby subserved, order the officer who has charge of the docket upon which is entered such judgment to stay the issuance of any such mittimus on such terms and for such a length of time as may be deemed reasonable and just; and the Chief of Police is hereby authorized to delay the execution of any mittimus for a period not exceeding thirty (30) days from the date thereof by assuming the payment of such judgment and costs in case of the escape during such interim of such defendant; and any pledge of personal property voluntarily surrendered by the defendant to said Chief of Police in consideration of such an undertaking of said Chief of Police may be sold in like manner and upon the same terms as the Statutes of Illinois provide for sales of like property under execution, the proceeds thereof shall be by said Chief of Police applied to the payment of such judgment and costs and expenses of such sale, and any surplus remaining shall be subject to the order of said defendant.

Such mittimus against the body of the defendant as aforesaid shall be sufficient to authorize the Chief of Police or other officer into whose hands the same may come to demand of the defendant the immediate payment of enough lawful money to satisfy such judgment and costs, and upon failure or refusal of such defendant so to pay on demand as aforesaid such judgment and costs, such mittimus shall be sufficient to authorize such officer to arrest such defendant and commit him for a period nor exceeding six (6) months in the City prison, or other said place provided for the custody of offenders against the provisions of this Code; and such mittimus shall be sufficient to authorize the warden in charge of said City prison, or other safe place of custody as aforesaid, until such judgment and costs are fully paid, or defendant is otherwise lawfully discharged. (R.O.1911, Sec. 169)

1-17-10:          SECURITY FOR COSTS: In any case after judgment has been rendered against any person as aforesaid, the proper officer may take good and sufficient security for the payment of such fine and costs within any time not exceeding twenty (20) days, and the person so becoming security shall sign an obligation to be entered on the docket in each suit, in substance as follows:

“I hereby bind myself to pay the above judgment within twenty days from this date, if the same is not paid by the defendant.

Dated this              day of              A.D. 19          .
                                              Security.”

Then no execution against the body of the defendant shall be issued until the expiration of twenty (20) days; in case such judgment is not paid by the defendant or by such security within the time mentioned in such obligation signed as aforesaid, suit shall be commenced thereon against such security, and prosecuted as in civil cases on contracts. (R.O. 1911, Sec. 170)

1-17-11:           PRISONERS REQUIRED TO LABOR: Every person so committed to prison on an execution to his body, as aforesaid, shall, under the direction of the Chief of Police, work for said City upon its streets, if his strength will permit, or at such labor as said City shall provide, not exceeding ten (10) hours each working day, and at the rate of five ($5.00) for each day’s work, exclusive of board, until such judgment and costs aforesaid are paid, and when so paid shall be discharged from imprisonment; provided, no credit shall be allowed by reason of any such imprisonment on any such judgment and cost where the person committed refuses to labor for the City, or refuses to obey orders respecting such labor, or acts when so laboring in a disorderly manner, or escapes or attempts to escape at any time form such custody or imprisonment aforesaid. But such person may be kept in custody as aforesaid for the full term of six (6) months, unless sooner discharged by the Mayor or Council of the City. *2 (R.O. 1911, Sec. 171)

1-17-12:          MINORS: Like proceedings shall be had under the provisions of the Code against minors, for the violation of any provisions of this Code, are herein prescribed against other persons. (R.O. 1911, Sec. 172)

1-17-13:          JURY TRIAL; CHANGE OF VENUE; CONTINUANCES; EVIDENCE; FEES; APPEALS: Trial by jury, continuances and changes of venue, as well as appeals, shall be allowed, consistent with the provisions hereof, to any defendant, on the same terms and in like manner as such proceedings are granted by the Statutes of this State before justices of the peace in civil cases. Like processes may issue and legal proceedings be had to enforce the provisions of this Code, in addition to the remedies in said provisions prescribed, and like practices, pleadings and rules of evidence be observed as now or hereafter obtained in such civil cases aforesaid, and the Chief of Police, policemen and several officers of the City, as well as all other officers and persons authorized by law, rendering services to said City by virtue of any provisions of this Code or laws of the State of Illinois, shall, unless otherwise directed by ordinance, charge the same fees, to be taxed as costs, as are allowed in the Statutes of the State for similar services; provided, no officer or person shall collect or retain from the City a fee in any such case in which, if the people of the State of Illinois were plaintiffs, such officer or person would be entitled to no fees from the State. (R.O. 1911, Sec, 173)

1-17-14:          CITY PRISON: The City prison is located within the building known as the City Hall, and the Chief of Police shall be known and styled as the warden thereof. (R.O. 1911, Sec. 174)

1-17-15:          FINES PAID; RECEIPTS: All fines and penalties shall be paid by the defendant or officer collecting the same to the officer in charge of the docket upon which any judgment against such defendant is entered, and such officer shall immediately pay over to the Treasurer of the City such collection, taking for the same duplicate receipts of the Treasurer, substantially of the following form:

“Received of A.B., proper officer,               dollars and               cents, on a judgment of $            ,  assessed against C.D., at              page of said proper office’s docket.

This                day of                 19         .

            A.B., City Treasurer”

It shall be the duty of such proper officer to prepare such duplicate receipts for the Treasurer to sign, and immediately after such receipts are executed by the Treasurer, to file one of said receipts with the Clerk of the city; and no such collection shall be deemed to have been received by said City until such duplicate receipt is filed with said Clerk. *3 (R.O. 1911, Sec . 175)

1-17-16:          EXECUTION OF PROCESS BY OFFICER: The officer who shall execute any writ or other process issued by the proper officer shall, unless otherwise directed by ordinance, proceed in the execution of his duty in the same manner as constables are required to proceed under the law of the State; and the proper officer, in issuing process, and on the return thereof, shall, unless otherwise directed by some provisions of this Code, be governed by the laws of this State pertaining to like proceedings before justices of the peace. *4 (R.O. 1911, Sec. 176)

1-17-17:          FEES OF JURORS AND WITNESSES: All jurors and witnesses shall be entitled to the same fees as are now provided by the laws of the State of Illinois in such suits before justices of the peace. (R.O. 1911, Sec. 177)

1-17-18:          ATTACH PROPERTY: If any person in behalf of the City shall make oath before the proper officer in the City, that any person is indebted to the City in any sum not exceeding five hundred dollars ($500.00), by reason of the violation of any law or provisions of this Code, and that such debtor has absconded, or conceals himself, or stands in defiance of an officer so that process can not be served upon him, or for any legal and sufficient cause for attachment, it shall be lawful for the goods, chattels, moneys, credit and effects of such debtor, directed to the Chief of Police or other police officer of the City to execute, returnable forthwith.

The form of the writ and bond in such case or cases, and the proceeding under the same, shall, as nearly as may be, conform to the forms and proceedings provide by the Statutes of the State of Illinois in like cases of attachment for debt. (R.O. 1911, Sec. 178)

1-17-19:          RECORD: It shall be the duty of the proper officer and justices of the peace, before whom prosecutions under the provisions of this Code are had, to keep a record of all suits and proceedings had before them, and they shall render to the Council a full and true report, at the end of each month, of all their acts under this Code, and the moneys collected by them belonging to the City. (R.O. 1911, Sec. 179)

1-17-20:          FINE AMOUNTS: Any other provision of the Farmington City Code notwithstanding, all fines for violation of a non-traffic or a non-drug paraphernalia ordinance shall be Seventy Five Dollars ($75.00) for the first offense, and increases by Twenty Five Dollars ($25.00) for each subsequent offence for violation of the same ordinance, unless there are aggravating circumstances, where the fining or arresting officer may assert a fine of up to a maximum of Seven Hundred Fifty Dollars ($750.00)  (Ordinance No. 2009-05)

  1. S.H.A. Ch. 24, Sec. 1-2-9 amd. 1961, 1963
  2. S.H.A. Ch. 24, Sec. 1-2-9 amd. 1961, 1963
  3. S.H.A. Ch. 24, Sec. 1-2-8
  4. S.H.A. Ch. 24, Sec. 1-2-11 amd 1965

Boundaries; Wards

SECTION:

1-18-1:Boundaries
1-18-2:Wards

1-18-1:             BOUNDARIES: the corporate limits of the City shall be and are hereby established, declare to have been, and now to be as follow: Commencing at the center of section one (1) running thence west along the north line of the southwest quarter of section one (1) and the north line of the south half of section two (2), one hundred and twenty-four one hundredths (100.24) chains to the northwest corner of the east one half of the southwest quarter of section two (2); thence south along the west line of the east one-half of the southwest quarter of section two (2) aforesaid and the west line of the east one-half of the northwest quarter of section eleven (11), eighty and five one-hundredths (80.05) chains to the southwest corner of the said east half of the northwest quarter of section eleven (11) aforesaid; thence east along the south line of the north half of section eleven (11) and the south line of the northwest quarter of section twelve (12), seventy (70) chains to a point ten chains east of the southwest corner of the northwest quarter of section twelve (12) aforesaid; thence north seventeen and three hundred and seventy-five one-thousandths (17.375) chains; thence east twenty-nine and sixty-three one-hundredths (29.63) chains to the east line of the northwest quarter of section twelve (12) aforesaid; thence north along the est line of the said Northwest quarter of section twelve (12) and the est line of the southwest quarter of section one (1), sixty-two and sixty one-hundredths (62.66) to the place of beginning. All in Township Eight (8) North, and Range Four (4) east of the Fourth Principal Meridian, in the County of Fulton and State of Illinois. (R.O. 1911, Sec. 76)

The following described lands are hereby annexed to the City and shall be included in the corporate limits of said City: *1

Fort Hill Addition, including all public highways and streets therein, located on the Northeast Quarter of Section Twelve (12) Township Eight (8) North, Range Four (4) East of the Fourth Principal Meridian, Fulton County, Illinois, on the 19th day of August, A.D. 1912, and said plat was duly recorded in the County Recorder’s Office of Fulton County, Illinois, on the 10th day of August, A.D. 1912, in Volume 2 of Plats, at page 72, and Joseph Malis Subdivision, including highways and streets therein, located on the Northeast Quarter of Section Twelve (12), Township Eight (8) North, Range Four (4) East of the Fourth Principal Meridian, Fulton County, Illinois, said addition having been platted on the 1st day of September, A.D. 1923, and said plat was duly recorded in the County Recorder’s office of Fulton County, Illinois, on the 18th day of October, A.D. 1923, in Volume 3 of Plats on page 27. (Ord. 314; 4-1-46)

Lots Eight (8) to Thirty-nine (39) both inclusive, of the Steenburg Addition, including all public highways and streets adjoining said lots, said Steenburg Addition being located on the Northwest Quarter of Section Twelve (12) Township Eight (8) North, Range Four (4) East of the Fourth Principal Meridian, Fulton county, Illinois; said addition having been platted on the 1st day of June, A.D. 1908, and said plat was duly recorded in the County Recorder’s office of Fulton County, Illinois, on the 12th day of June A.D. 1908, in Volume 2 of Plats, at page 40. (Ord. 317; 9-2-46)

South Fort Hill Subdivision, including all public highways and streets therein, located on the Northeast Quarter of Section Twelve (12) Township Eight (8) North, Range Four (4) East of the Fourth Principal Meridian, Fulton County, Illinois; said subdivision having been platted in the fifth day of October, A.D. 1922, and said plat was duly recorded in the County Recorder’s Office of Fulton County, Illinois, on the sixth day of June, A.D. 1923 in Volume 3 of Plats on page 24. (Ord 318; 12-2-46)

Part of the Northwest Quarter of Section 12 in Township 8 North, Range 4 East of the Fourth Principal Meridian, Fulton County, Illinois, bounded as follows: Beginning at the Southeast corner of Out Lot No. 2 in said Quarter Section, running thence South 40 rods, thence West 20 rods thence North 40 rods, thence East 20 rods to the place of beginning:

Also beginning 442.25 feet south and 300 feet west of an iron pin at the Northeast corner of the Northwest Quarter of Section 12 in township 8 North, Range 4 East of the Fourth Principal Meridian, Fulton County, thence south 660 feet, thence 330 feet, thence south 447.5 feet, thence 72030’ to the right in a northwesterly direction along the north right-of-way line of the M. & St. L.R.R. 449.4 feet, thence 107 degrees 45’ to the right 968.5 feet to the south line of Vernon Street, thence east 100 feet to the place of beginning, containing 5.4 acres, more or less. It is hereby understood and agreed that a strip of land 50 feet in width off of the West side and running the entire length of said tract from Vernon Street to the M. & St. L.R.R. right-of-way shall be used as a public street or highway, situated in Fulton County, Illinois. (Ord. 380; 9-8-53)

A part of the Northwest Quarter (NW 1/4) of Section Twelve (12), Township Eight (8) North, Range Four (4) East of the Fourth Principal Meridian, more particularly described as follows: to-wit:

Commencing at a point 350 feet south of the intersection of the south line of Prairie Street with the East line of Apple Street, thence running west to the east line of Prairie Addition, thence at right angles south along east line of Prairie Addition 150 feet, thence at right angles east to a point 500 feet south of the intersection of the south line of Prairie with the east line of Apple Street, thence at right angles north 150 feet to the place of beginning; situated in the County of Fulton and State of Illinois. (Ord. 401; 9-6-55)

A part of the Northwest Quarter of Section 12, Township 8 North, Range 4 East of the Fourth Principal Meridian, Fulton County, Illinois. more particularly described as follows: Beginning at the Southeast corner of the Northwest Quarter of said Section 12, thence running West on South line of said Northwest Quarter of Section 12, 863.5 feet, thence North along the west line of Apple Street extended a distance of 209.5 feet, thence East 50 feet, thence North along the East line of Apple Street to the North line of the M. & St. L. Railroad, thence Southeasterly along the North line of M. & St. L. Railroad Right of Way to a point that is 148.5 feet East of the East of Apple Street, thence South to a point 409.5 feet North of the South line of the Northwest Quarter of said Section 12 and 148.5 feet East of the East line of Apple Street, thence East 669.2 feet to the East line of the Northwest Quarter of said Section 12, thence South along the East line of the Northwest Quarter of Section 12, 409.5 feet to the point of beginning. (Ord. 447; 11-6-61)

A part of the Southeast Quarter of the Northeast Quarter of Section Two; Township 8 North, Range Four East of the Fourth Principal Meridian, situated in the County of Fulton, in the State of Illinois, described as follows: From a point of intersection, marked by a pipe, of the North Right-of-way line of State Route 116 (S.B.I. Route 97) and the Easterly Right-of-way line of the C.B. & Q.R.R.R.; said point being 35 feet Easterly of the Centerline of said railroad and 40 feet North of the centerline of said highway; said point of intersection also being 1978.68 feet West of the East line of Section 2; thence north 89 degrees 11’ east along the Northerly Right-of-way line of said State Route 115 a distance of 1793.59 feet to the Point of Beginning, which is by a pipe; thence 89 degrees 11’ East a distance of 155.31 feet to a pipe; thence distance of 155.22 feet to a pipe; thence South 1 degree west a distance of 155.86 feet to the Point of Beginning; except all coal and other mineral underlying the surface of said premises in question, and the right to mine and remove the same. (Ord. 448; 11-6-61)

A part of the North One-half of the Southeast Quarter of Section Number Eleven (11) in the Township Eight (8) North, Range Four (4) East of the Fourth Principal Meridian, bounded and described as follows, to-wit: Beginning at a point 16 rods south of the Northeast corner of said Southeast Quarter of Section Eleven (11) running thence West 258 feet, thence South 478 feet, thence 258 feet and thence North 478 feet to the point of beginning; all situated in the County of Fulton and State of Illinois. (Ord. 454; 85-63)

A part of the Southeast Quarter (SE 1/4) of the Northeast Quarter (NE 1/4) of Section Two (2), Township Eight (8) North, Range Four (4) East of the Fourth Principal Meridian, Fulton County, Illinois more particularly describes as follows: From a point of intersection, marked by a pipe, of the North Right-of-way line of the Sate Route 116 (SBI (Route 97) and the Easterly Right-of-way line of the C.B.Q.R.R..; said point being 35 feet East of the center line of said Railroad, and being 40 feet North of the Center line of said highway, said point also being 1978.68 feet West of the East line of Section Two (2); thence North 89 degrees 11’ East along the North Right-of-way line of said Highway a distance of 660.46 feet to the point of beginning at the Southwest corner of the herein described tract of land; thence North 1 degree East a distance of 155.84 feet; thence South 89 degrees East a distance of 185.0 feet to the East line of Section two (2); thence North 1 degree East along the Section line a distance of 80.0 feet; thence North 89 degrees West a distance of 1318.8 feet; thence South 0 degrees 43’ West a distance or 271.8 feet to the point of beginning, said described tract containing 6.94 acres, more or less.(Ord.460)

A part of the Northeast Quarter (NE 1/4) of Section Twelve (12) Township Eight (8) North, Range Four (4) East of the Fourth Principal Meridian, Fulton County, Illinois, described as follows: Commencing at the Northwest corner of the East 100 acres of the Northeast Quarter (NE 1/4) of Section Twelve (12), running thence East 800 feet, thence at right angels South 365 feet, thence at right angels West 300 feet, thence at right angels North 365 feet to the place of beginning, all in Township Eight (8) North, Range Four (4) East of the Fourth Principal Meridian, situated in the County of Fulton and State of Illinois. (Ord. 462; 11-2-64)

A part of the southeast Quarter (SE 1/4) of Section Two (2), Township Eight (8) North, Range Four (4) East of the Fourth Principal Meridian, more particularly bounded and described as follows, to-wit: Commencing at the northwest corner of Lot Number Fifty Six (56), in Block Three (3), PALMER & CONE’S ADDITION to the town, now City of Farmington, running thence West 110 feet, thence at right angels South 1438.75 feet, thence at right angels East 110 feet, thence at right angels North 1438.75 feet to the point of beginning, situated in the County of Fulton and State of Illinois. (Ord. 463; 11-2-64)

A part of the Southwest Quarter (SW 1/4) of Section Twelve (12), Township Eight (8) North, Range Four (4) East of the Fourth Principal Meridian, Fulton County, Illinois; described as follows: Commencing 419 feet and 4 inches South of the Quarter Section line on the East line of Illinois State Highway No. 78, thence East 128 feet and 7 inches, thence South 217 feet and 8 inches, thence West 128 feet and 7 inches to the East line of Illinois State Highway No. 78 North 217 feet and 8 inches to the point of the beginning. (Ord. 469; 6-7-65)

A part of the Southeast Quarter (SE 1/4) of Section Two (2) Township Eight (8) North, Range Four (4) East of the Fourth Principal Meridian, more particularly bounded an described as follows. to-wit: commencing at a point 110 feet West of the Southwest corner of Lot Number Forty-four (44) in Block Three (3) PALMER & CONE’S ADDITION to the Town, now City of Farmington, running thence South 866.25 feet, thence at right angels East 250 feet to the point of beginning, situated in County of Fulton and State of Illinois. (Ord. 477; 8-1-66)

A part of the Northeast Quarter (NE 1/4) of Section Twelve (12) Township Eight (8) North, Range Four (4) East of the Fourth Principal Meridian, Fulton County, Illinois, described as follows: Beginning at a point 365 feet South of the Northwest corner of the East 100 acres of the Northwest Quarter (NW 1/4) of Section Twelve (12), Township Eight (8) North, Range Four (4) East of the Fourth Principal Meridian, thence East 300 feet, thence North 365 feet, thence East 100 feet, thence 509 feet, thence West 400 feet, thence North 144 feet to the point of beginning, containing 2.1602 acres, more or less. (Ord.68-4; 7-1-68)

A part of the Southeast Quarter (SE 1/4) of Section One (1), Township Eight (8) North, Range Four (4) East of the Fourth Principal Meridian, to the City of Farmington, Fulton County, Illinois, more particularly described as follows: Beginning at a point 1674.0 feet North of the Southwest corner of the Southeast Quarter (SE 1/4)) of said Section One (1), thence North 468 feet on the Quarter Section Line, thence 436 feet, thence south 468 feet, thence West 436 feet to the place of beginning, containing 4.6842 acres, more or less. (Ord. 68-6; 9-3-68)

A part of the Northwest Quarter (NW 1/4) of Section Twelve (12), Township Eight (8) North, Range Four (4) East of the Fourth Principal Meridian, Fulton County, Illinois, more particularly described as follows: Beginning at a point on the East line of the Northwest Quarter (NW 1/4) of said Section which is 409.5 feet North of the Southeast corner of said Northwest Quarter (NW 1/4) which is marked by a pipe; thence West a distance of 669.2 feet; thence North a distance of 630.0 feet; thence West a distance of 148.5 feet to the East line of Apple Street; thence North along the East line of Apple Street a distance of 246.4 feet to the South right-of-way line of the M. & St. L (C. & N.W.) Railroad; thence Southeasterly along said right-of-way line to a point on the East line of said Northwest Quarter (NW 1/4); thence South along the East line of said Northwest Quarter (NW 1/4) a distance of 696.7 feet to the point of beginning. (Ord. 68-7; 10-7-68)

A part of the Southeast Quarter (SE 1/4) of Section Two (2), Township Eight (8) North, Range Four (4) East of the Fourth Principal Meridian, more particularly described as follows: Commencing at the Northwest corner of Lot 56 in Block 3 of PALMER AND CONE’S ADDITION to the Town, now City of Farmington, thence South 88 degrees 14’37” West along the southerly right-of-way line of S.B.I. Route 97 a distance of 574.85 feet, thence West a distance of 250.05 feet, thence South a Distance of 866.25 feet to a line fence, thence South 89 degrees 26’57” West along said line fence a distance of 498.49 feet to a fence corner, thence North 5 degrees 04”24” West along a line fence and said line fence extended a distance of 1424.65 feet to the southerly right-of-way line of said S.B.I. Route 97, thence North 88 degrees 14’37” East along the southerly right-of-way line of said S.B.I. Route 97 a distance of 874.91 feet to the place of beginning, containing 21.679 acres, situated, lying and being in the County of Fulton, State of Illinois. (Ord. 68-8: 11-4-68)

A part of the Northwest Quarter of Section Twelve (12), Township Eight (8) North, Range Four (4) East of the Fourth Principal Meridian, situated in the Count of Fulton and State of Illinois, more particularly described as follows: Commencing at the center of said Section 12, thence N 0 degrees 04’ W (Bearings assumed for purpose of description only) along the East line of the Northwest Quarter of said Section 12,559.49 feet to the Northeast corner of HEDDEN-REED SUBDIVISION, a subdivision of part of the Northwest Quarter of Section 12, said point being the Point of Beginning of the tract described: From the point of beginning thence West along the North line of said Hedden-Reed Subdivision, 340.69 feet, thence N 0 degrees 54’ W, 68.43 feet, thence N 48 degrees 19’ W, 110.0 feet; thence N 41 degrees 41’ E, 417.37 feet to a point on the existing southwesterly Right-of-way line of the M. St. L. Railroad; thence S 72 degrees 13’ E along the said Right-of-way line, 186.46 feet to the intersection of said Right-of-way line with the East line of the Northwest Quarter of said Section 12,  458.39 feet to the Place of Beginning; said tract containing 3.888 acres, more or less; said tract being shown on the plat hereto attached and considered a part hereof. (Ord. 69-1; 1-24-69)

Part of the East 100 acres of the Northeast Quarter of Section 12, Township 8 North, Range 4 East of the Fourth Principal Meridian, said part being further described as follows: Beginning at a point at the intersection of the North right-of-way line of Wilson Street and the east line of South Fort Hill Subdivision, said east line being the existing Corporate Limits of the City of Farmington; thence North 89 degrees 57’30” East along the extension of the north right-of-way line of Wilson Street 594.14 feet; thence South 0 degrees 14’ East 758.22 feet to a point on the northerly right-of-way line of the Chicago and Northwestern Railroad; thence North 72 degrees 30’ West 626.21 feet along said northerly right-of-way line to a point on the east line of South Fort Hill Subdivision; thence north 570.57 feet along said east line of South Fort Hill Subdivision to the point of beginning, containing 9.1 acres, more of less, situated in the County of Fulton and State of Illinois; be and the same is hereby annexed to the City of Farmington, Illinois. (Ord. 71-8; 4-5-71)

A part of the Northeast Quarter (NE 1/4) of Section Twelve (12), Township Eight (8) North, Range Four (4) East of the Fourth Principal Meridian, Fulton County, Illinois, described as follows: Beginning at a point 400 feet East of the Northwest Corner of the East 100 acres of the Northeast Quarter (NE 1/4) of Section Twelve (12) Township Eight, Range Four (4) East of the Fourth Principal Meridian, thence South 509 feet, thence East 1264.5 feet to the East line of said Northeast Quarter (NE 1/4) of Section Twelve (12) to the Northeast corner of said Quarter Section, thence West 1264.5 feet along the North line of said Northeast Quarter (NE 1/4) of said Section Twelve (12) to the point of beginning; be and the same is hereby annexed to the City of Farmington, Illinois. (Ord. 72-5; 11-6-72)

1-18-2:             WARDS: The City shall be divided into four wards; designated as follows:

(A)       The “First Ward” shall include all that portion of the City lying West of the centerline of Main Street and South of the centerline of Court Street.

(B)       The “Second Ward” shall include all that portion of the City lying North of the centerline of Court Street, and West of the centerline of North Elmwood Road.

(C)       The “Third Ward” shall include all that area of the City lying South of the center line of   Court Street and East of the center line of Main Street, and North of the center line of    Vernon Street and West of the center line of Elmwood Road; said Third Ward shall also include all that area of the City lying North of the center line of Fort Street and East of the center line of Elmwood Road.

(D)       The “Fourth Ward” shall include all that area of the City lying East of the centerline of     Main Street and South of a boundary formed by the centerline of Vernon Street running from Main Street East to South Elmwood Road. Then North on the centerline of South Elmwood Road to the centerline of Fort Street, thence east on said centerline to the City limits.

(E)       A map setting forth said Wards is attached hereto for clarity of explanation, and made a part hereto. (Ord.82-11; 11-1-82)

  1. S.H.A. Ch. 24, Sec. 7-1-1 amd. 1965, 1967

Depository

SECTION:

1-19-1:Depository Designated
1-19-2:Statements of Resources and Liabilities

1-19-1:             DEPOSITORY  DESIGNATED:  Depositories designated as follows: The Bank of Farmington, Heritage Bank of Central Illinois, First Financial Bank, Bank of Yates City, National Bank of Canton, Norwest Bank, Fairview State Bank, Farmers Bank of Elmwood, Illinois public Treasurers Investment Pool, and IML Local Government Investment Trust shall be and are hereby designated as depositories in which the funds and moneys belonging to the City, in the custody of the Municipal Treasurer, may be deposited.

1-19-2:             STATEMENTS OF RESOURCES AND LIABILITIES: No bank herein designated as a depository shall be qualified to receive the funds or moneys of the City until it has furnished the Council with copies of two (2) last sworn statement of resources and liabilities, which such bank is required to furnish to the Auditor of Public Accounts, or to the Comptroller of Currency. Each bank designated as depository for such funds or moneys shall furnish the Council with a copy of all bank statements, which it is required to furnish to the Auditor of Public Accounts, or the Comptroller of Currency, while acting as such depository. If such funds or moneys are deposited in a bank herein designated as a depository, the amounts of such deposits shall not exceed seventy five percent (75%) of the capital stock and surplus of such bank, and the Treasurer shall not be discharged from responsibility for any such funds or moneys deposited in any bank in excess of such limitation. (Res. dated 6-6-49)

Police Protection Tax

SECTION:

1-20-1:Police Protection Tax

1-20-1:             POLICE PROTECTION TAX: A tax is hereby imposed for the purpose of police protection in this City at the rate of five one hundredths percent (.05%) of the value, as equalized or assessed by the Department of Revenue of all the taxable property therein for the first year in which this tax is levied, and at a rate of seventy five one thousandths percent (.075%) of the value as equalized or assessed by the Department of Revenue for all taxable property therein, in all succeeding years, all in accordance with the provisions of Section 11-1-3 of the Illinois Municipal Code. (Ord. 70-6; 5-4-70)

Caucus Elections

SECTION:

1-21-1:Officers Nominated
1-21-2:Caucus Date
1-21-3:Commencement of Term

1-21-1:             OFFICERS NOMINATED: The Mayor, Clerk, Treasurer and Aldermen of the City shall be nominated by caucus according to law. (Ord. 92-20, 11-16-92)

1-21-2:             CAUCUS DATE: The caucus for the nomination of Mayor, Clerk, Treasurer and Aldermen of the City shall be held on the day as required by law. (Ord. 92-20, 11-16-92)

1-21-3:             COMMENCEMENT OF TERM: Newly elected officers’ terms shall commence at the first regular or special meeting of the corporate authorities held in the month of May following the election. (Ord. 97-01)

Personnel

SECTION:

1-22-1:Residence Requirements
1-22-2:Hiring, Control and Termination of Employees
1-22-3:Human Resources Guide

1-22-1:             RESIDENCE REQUIREMENTS: No person shall be eligible to hold any City office unless that person is qualified elector of the City and has resided therein at least one year next preceding his or her election or appointment.

These requirements shall not apply to any City Engineer, Health officer or other officers who require technical training or knowledge.

These requirements shall also not apply to any City Attorney or auditor.

All full-time police officers, part-time police officers, and the Chief of Police employed after adoption of this amended ordinance must reside within a thirty (30) mile radius of the corporate limits of Farmington, Fulton and Peoria Counties, Illinois. (Ordinance 2012-07 Passed 06/04/2012)

1-22-2:             HIRING, CONTROL AND TERMINATION OF EMPLOYEES:

(A)       The power to hire, control and terminate employees of the City shall be vested in a committee whose members shall be the Mayor and the seated Council members.

(B)       A chairperson for said committee shall be selected by two-thirds (2/3) vote. The chairperson shall exercise day-to-day supervisory powers over the employees, subject to the committee’s control of said supervision requiring a two-thirds (2/3) vote.

(C)       The committee shall hire and terminate employees with decisions requiring a two-thirds (2/3) vote.

(D)       The employees subject to the terms of this Section are:

  1. Street, sewer and water employees (including the general superintendent and other supervisory personnel)
  2. Employees in the recreational department, including supervisory personnel.
  3. Police dispatchers.
  4. Other City employees whose appointment is not provided for by law. (Ord. 84, 2-1-82)

(E)       The department supervisors of the various city departments are empowered to take disciplinary action deemed necessary by actions of any employee within that department they supervise.  This shall include authority to suspend and employee from work until the matter can be reviewed by the City Council Personnel Committee. (Ordinance 2007-05).

1-22-3:             HUMAN RESOURCES GUIDE:

(A) That all policies, rules and regulations pertaining to employment with the City of Farmington as contained in the attached “City of Farmington- Human Resources Guide” are hereby adopted by this ordinance.

(B) That said policies, rules and regulations pertaining to employment with the City of Farmington shall be kept in a document titled “City of Farmington – Human Resources Guide”.

(C) Violation of any policies, rules or regulations enacted by this ordinance will be subject to the disciplinary policy for violations occurring after the adoption of this Ordinance. (Ord. 98-02)

Budget Officer

SECTION:

1-23-1:Office Established
1-23-2:Appointment
1-23-3:Powers and Duties
1-23-4:Salary (Rep. by Ord. 84-13, 12-31-84, eff. 5-85)
1-23-5:Oath; Bond

1-23-1:             OFFICE ESTABLISHED: There is hereby established the office of Budget Officer.

1-23-2:             APPOINTMENT: As allowed by the Illinois Revise Statutes, chapter 24, paragraph 8-2-9.1, the Budget Officer shall be designated by the Mayor with the approval of the Council. (Ord. 74-12, 4-17-74)

The Budget Officer shall be the same person as the City Administrator. (Ord. 84-13, 12-31-84, eff. 5-85)

1-23-3:             POWERS AND DUTIES: The Budget Officer shall have the following powers and duties:

(A)       Permit and encourage and establish the use of efficient planning, budgeting, auditing, reporting, accounting, and other fiscal management procedures in all Municipal departments, commissions and boards.

(B)       Compile an annual budget in accordance with paragraph 8-2-9.3.

(C)       Examine all books and records of all Municipal departments, commissions and boards which relate to the moneys received by the Municipality, Municipal departments, commissions and boards, and paid out by the Municipality, Municipal department, commissions, and boards, and debts and accounts receivable, amounts owed by or to the Municipality, Municipal departments, commissions and boards.

(D)       Obtain such additional information from the Municipality, Municipal departments, commissions and boards as may be useful to the Budget Officer for purposes of compiling a Municipal budget, such information to be furnished by the Municipality, Municipal departments, commissions and boards in the form required by the Budget Officer. Any department, commission or board which refuses to make such information as is required of it available to the Budget Officer shall not be permitted to make expenditures under any subsequent budget for the Municipality until such Municipal department, commission or board shall comply if full with the request of the Budget Officer.

(E)       Establish and maintain such procedures as shall insure that no expenditures are made by the Municipality, Municipal departments, commissions or boards except as authorized by the budget. (Ord.74-12, 4-17-74)

1-23-4:             SALARY: (Rep. by Ord. 84-13, 12-31-84, eff. 5-85)

1-23-5:             OATH; BOND: The Budget Officer shall take an oath of office as prescribed in Chapter 24, paragraph 3-14-3 of the Illinois Revised Statutes and shall post bond in the amount of one thousand dollars ($1,000.00). (Ord 74-12, 4-17-74)

City Administrator

SECTION:

1-24-1:Position Established, Appointment
1-24-2:Salary
1-24-3:Duties
1-24-4:Act as Budget Officer

1-24-1:             POSITION ESTABLISHED, APPOINTMENT: There is hereby established the position of the City Administrator. the City Administrator shall be appointed by a two-thirds (2/3) vote of the personnel committee, and he may be removed in the same manner.

1-24-2:             SALARY: Beginning May 1, 1985, the Administrator shall be paid the salary of twenty two thousand dollars ($22,000.00), payable on a weekly basis.

1-24-3:             DUTIES: The City Administrator shall have the following duties and responsibilities:

(A)       Attend all regular and special City Council meetings.

(B)       Publish general advertisements and notices.

(C)       Coordinate bid procedures.

(D)       Perform general requests and projects of the City Council.

(E)       Keep cemetery records and handle matters relating to such matters and burials.

(F)       Handle personnel matters including payroll, tax reports, group insurance reports and claims, personnel files, attendance and time keeping matters and act as Illinois Municipal Retirement Fund agent.

(G)       Prepare the budget, maintain a receipts and disbursement ledger, maintain a general ledger, make all necessary reports, pay bills, oversee bank accounts, and investments, prepare tax levy ordinances, do utility billings, operate City business office.

(H)       The City Administrator shall also be responsible for public works including:

  • Planning and Scheduling
  • Maintenance Programs
  • Waterworks System
  • Sewer System
  • Streets
  • Garbage Collection
  • Employee Supervision
  • Purchasing
  • Citizen Complaints

The City Administrator shall be the chief administrative officer of the City and have the duties to supervise the day-to-day operations of the City’s departments and personnel (excluding police), and to carry out and implement the policies of the Mayor and City Council. In such capacity, other duties and responsibilities may be given to said officer by the City Council and are not necessarily limited by this Chapter.

1-24-4:             ACT AS BUDGET OFFICER: The city Administrator shall also be the Budget Officer, as set forth in Title 1, Administrative, Chapter 23, Budget Officer and shall comply with all requirements and perform all duties set forth therein. (Ord. 84-14, 12-31-84)

Superintendent of Public Works

SECTION:

1-25-1:Office Established, Appointment
1-25-2:Salary
1-25-3:Duties

1-25-1:             OFFICE ESTABLISHED, APPOINTMENTS: There is hereby established the position of Superintendent of Public Works. Said Superintendent of Public Works shall be appointed by the City Council Personnel Committee upon two-thirds (2/3) vote and shall be removed in the same manner.

1-25-2:             SALARY: The salary of the position of Superintendent of Public Works shall be set forth by the City Council in the annual budget adopted for each fiscal year.

1-25-3:             DUTIES: The Superintendent of Public Works shall have the duties and responsibility as outlined in the City Employee Policy covering the position of Superintendent of Public Works. (Ord. 89-02, 6-20-89)

Office Manager

SECTION:

1-26-1:Position Established, Appointment
1-26-2:Salary
1-26-3:Duties, Responsibilities

1-26-1:             POSITION ESTABLISHED, APPOINTMENT: There is hereby established the position of Office Manager. The Office Manager shall be appointed by the Mayor with the advice and consent of the City Council.

1-26-2:             SALARY: Beginning May 1, 1992, the Office Manager shall be paid the annual salary set by the City Council, payable on a biweekly basis.         

1-26-3:             DUTIES; RESPONSIBILITIES: The Officer Manager shall have the following duties and responsibilities:

(A)       Perform all of the duties and responsibilities of the City Administrator at the City Administrator’s direction. (Ord. 91-24, 1-6-91)

Administration of Local Taxes

SECTION:

1-27-1:Title
1-27-2:Scope
1-27-3:Definitions
1-27-4:Notices
1-27-5:Late Payment
1-27-6:Payment
1-27-7:Credits and Refunds
1-27-8:Audit Procedure
1-27-9:Appeal
1-27-10:Hearing
1-27-11:Interest and Penalties
1-27-12:Abatement
1-27-13:Installment Contract
1-27-1:4Statute of Limitation
1-27-15:Voluntary Disclosure
1-27-16:Publication of Tax Ordinance
1-27-17:Liens
1-27-18:Application
1-27-19:Severability

1-27-1:             TITLE: This Ordinance shall be known as, and may be cited as, the “Locally Imposed and Administered Tax Rights and Responsibility Ordinance.”

1-27-2:             SCOPE: The provisions of this Ordinance shall apply to the City’s procedures in connection with all the City’s locally imposed and administered taxes.

1-27-3:             DEFINITIONS: Certain words or terms herein shall have the meaning ascribed to them as follows:

“Act” means the “Local Government Taxpayers’ Bill of Rights Act.”

“Corporate Authorities” means the City Mayor and City Council.

“Locally Imposed and Administered Tax” or “tax” means each tax imposed by the City that is collected and administered by the City not an agency or department of       the State. It does not include any taxed imposed upon real property under the Property Tax Code or fee collected by the City other than infrastructure maintenance fees.

“Local Tax Administrator” means the City Administrator, who 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 administrator’s stead. The local tax administrator shall have the authority to implement the terms of this ordinance to give full effect to this ordinance. The exercise of such authority by the local tax administrator shall not be inconsistent with this ordinance and the Act.

“City” means the City of Farmington, Illinois.

“Notice” means 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” means each ordinance adopted by the City that imposes any locally imposed and administered tax.

“Taxpayer” means any person required to pay any locally imposed and administered tax and generally includes the person upon whom the legal incidence of such 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.

1-27-4:             NOTICES: Unless otherwise provided, whenever notice is required to be given, the notice is to be in writing mailed no less than seven (7) calendar days prior to the day fixed for any applicable hearing, audit or other scheduled act of the local tax administrator. 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 at the persons’ last known address, or
  2. Personal service or delivery.

1-27-5:             LATE PAYMENT: 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

(a) physically received by the City on or before the due date, or (b) received in an envelope or other container displaying a valid, readable US Postmark dated on or before the due date, properly addressed to the City, with adequate postage prepaid.

1-27-6:             PAYMENT: 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.

1-27-7:             CERTAIN CREDITS AND REFUNDS:

(a)        The City shall not refund or credit taxes voluntarily paid without written protest at the time of payment in the event that a locally imposed an administered tax is declared invalidity 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 four (4) 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. interest or penalties paid in error shall be as follows:

(A)       The taxpayer shall submit to the local tax administrator in writing a claim for credit or refund together with a statement specifying:

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

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

(iii) the date of the tax payment subject to the claim and the canceled check or receipt for the payment.

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

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

(B)       Within ten (10) days of the receipt of the local tax administrator of any claim for a refund or credit, the local tax administrator shall either:

(i) grant the claim, or

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

(C)       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 five percent (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.

1-27-8:             AUDIT PROCEDURE: Any request for a proposed audit pursuant to any local administered tax shall comply with the notice requirements of the ordinance.

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

(i) the tax;

(ii) the time period of the audit; and

(iii) a brief description of the books and records to be made for the auditor.

(b)       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 thirty (30) days after the originally designated audit and during normal business hours.

(c)        The taxpayer may request an extension of time to have an audit conducted. The audit shall be conducted not less than seven (7) days nor more than thirty (30) days form the date the notice is given, unless the taxpayer and the local tax administrator agreed to some other convenient time. In the event the taxpayer is unable to comply with the audit on the date in question, the taxpayer may request another date within the thirty (30) days, approved in writing, that is convenient to the taxpayer and the local tax administrator.

(d)       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 transaction 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.

(e)        It is the duty and responsibility of every taxpayer to make available its books and records for inspection by the City. If the taxpayer or tax collector fails to provide the documents necessary for audit within the time provided, the local tax administrator may issue tax determination and assessment based on the tax administrator’s determination of the best estimate of the taxpayer’s tax liability.

(f)        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 thirty (30) days of the City’s determination of the amount of overpayment.

(g)       In the event a tax payment was submitted to the incorrect local government entity, the local tax administrator shall notify the local government entity imposing such tax.

1-27-9:             APPEAL:

(a)        The local tax administrator shall send written notice to a taxpayer upon the local tax administrator’s issuance of a pro testable 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:

(i) the reason for the assessment;

(ii) the amount of the tax liability proposed;

(iii) the procedure for appealing the assessment; and

(iv) the obligations of the City during the audit, appeal, refund and collection.

(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 forty-five (45) days of receipt of the written notice of the determination and assessment.

(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 fourteen (14) days of receipt of the written protest and petition for hearing, unless the taxpayer request a later date convenient to all parties.

(d)       If a written protest and petition for hearing is not filed within the forty-five (45) day period, the tax determination, audit or assessment shall become a final bill 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 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 ninety (90) days after the expiration of the forty-five day period.

1-27-10:           HEARING:

(a) Whenever a taxpayer or a tax collector has filed a timely written protest and petition for hearing under section nine, 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 fourteen (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.

1-27-11:           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 ten percent (10%) per annum, based on a year of 365 days and the number of days elapsed.

(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 five percent (5%) of the amount of tax required to be shown as due on a return shall be imposed: and a late payment penalty of five percent (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 a penalty shall be assessed equal to twenty five percent (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.

1-27-12:           ABATEMENT: The local tax administrator shall have the authority to waive or abate 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.

1-27-13:           INSTALLMENT CONTRACT: 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 thirty (30) days delinquent, the taxpayer shall have fourteen (14) working days to cure any delinquency. If the taxpayer fails to cure the delinquency within the fourteen (14) day period or fails to demonstrate good faith in restructuring the installment contact with the local tax administrator, the installment contract shall be canceled without further notice to the taxpayer.

1-27-14:           STATUTE OF LIMITATION: The City, through local tax administrator, shall review all returns in a prompt and timely manner and inform taxpayers of any amounts due and owing. The taxpayer shall have forty-five (45) days after receiving notice of the reviewed tax returns to make any request for refunds or provide any tax still due and owing.

(a)        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.

(b)        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 (6) 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.

(c)        No statute of limitations shall apply if a fraudulent tax return was filed by the taxpayer.

1-27-15:           VOLUNTARY DISCLOSURE: 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 the tax due, along with interest of one percent (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, of the taxpayer incorrectly determined and underpaid the amount of tax due, the taxpayer is liable for the underpaid tax along with applicable interest 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 ninety (90) days after the filing of the voluntary disclosure application or the date agreed to by the local tax administrator. However, any additional amounts owed as a result of an underpayment of tax and interest previously paid under this Section must be paid within ninety (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.

1-27-16:           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 also satisfy the publication requirements. Copies of all tax ordinances shall be made available to the public upon request at the City Clerk’s Office.

1-27-17:           LIENS: 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.  If the lien is determined to be improper, the local tax administrator shall:

(i) timely remove the lien at the City’s expense:

(ii) correct the taxpayer’s credit record; and

(iii) correct any public disclosure of the improperly imposed lien.

1-27-18:           APPLICATION: This ordinance shall be liberally construed and administered to supplement all of the City’s tax ordinance. To the extent that any tax ordinance is in conflict with or inconsistent with this ordinance, this ordinance shall be controlling.

1-27-19:           SEVERABILITY: If any section, paragraph or provisions of this ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this ordinance. (Ord. 01-01, 01-02-01)

Ethics Act

SECTION:

1-28-1:Definitions
1-28-2:Prohibited Political Activities
1-28-3:Gift Ban
1-28-4:Ethics Advisor
1-28-5:Penalties

1-28-1:             DEFINITIONS: For purposes of this ordinance, the following terms shall be given these definitions:

“Campaign for elective office” means any activity in furtherance of an effort to influence the selection, election, or appointment of any individual to any federal, State, or local public office in a political organization, or the selection, nomination, or election of Presidential or Vice-presidential electors, but does not include activities:

  1. Relating to the support or opposition of any executive, legislative, or administrative          action,
  2. Relating to collective bargaining, or
  3. That are otherwise in furtherance of the person’s official duties.

“Candidate” means a person who has filed nominating papers or petitions for nominations 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 section 1-3 of the Election Code (10 ILCS 5/1-3).

“Collective bargaining” has the same meaning as that term is defined in Section 3 of the Illinois Public Labor Relations Act (5 ILCS 315-3).

“Compensated time “ means, 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 Ordinance, 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.

“Compensatory time off” means 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 section 9-1.4 of the Election Code (10 ILCS 5/9-1.4).

“Employee” means a person employed by the City of Farmington, 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” means the City of Farmington.

“Gift” means 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” means any period during which an employee does not receive:

  1. Compensation for employment
  2. Service credits towards pension benefits
  3. Health insurance benefits paid for by the employer.

“Officer” means 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” means any activity in support of or in connection with any campaign for elective office or any political organization, but does not include activities;

  1. Relating to the support or opposition of any executive, legislative, or administrative          action,
  2. Relating to collective bargaining, or
  3. That are otherwise in furtherance of the person’s official duties.

“Political organization” means 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 Section 9-3 of the Election Code (10 ILCS 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 fund-raiser, political meeting, or other political event.
  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 political organization or for or against any referendum question or helping in an effort to get voters to the poll.
  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” means 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.
  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 the 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 nonperformance of the official duties of the officer or employee.

1-28-2:            PROHIBITED POLITICAL ACTIVITIES: Section 5-1. 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 Farmington in connection with any prohibited political activity.

(b) At no time shall any officer or employee intentionally require any other officer or employee 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 holiday’s, 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 Ordinance.

(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 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.

1-28-3:             GIFT BAN: Section 10-1. Except as permitted by this Article, 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.

Section 10-2: Exceptions

  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, nice, 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 of fiancee.
  7. Anything provided by an individual on the basis of a personal friendship unless the recipients 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.
  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 intergovernmental 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 “intergovernmental gift” means any gift given to an officer or employee by an officers 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.

Section 10-3. 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 Ordinance 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 taxation under Section 501 (c)(3) of the Internal Revenue Code of 1986, as now or hereafter amended, renumbered, or succeeded.

1-28-4:             ETHICS ADVISOR:

Section 15-1. The Mayor, with the advice and consent of the City Council shall designate an Ethics Advisor for the City of Farmington. The duties of the Ethics Advisor may be delegated to an officer or employee of the City of Farmington unless the position has been created as an office by the City of Farmington.

Section 15-2. The Ethics Advisor shall provide guidance to the officers and employees of the City of Farmington concerning the interpretation of and compliance with the provisions of this Ordinance and State ethics laws. The Ethics Advisor shall perform such other duties as may be delegated by the City Council.

1-28-5:             PENALTIES: Section 25-1.

(a) A person who intentionally violates any provision of Article 5 of this Ordinance 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 no to exceed $2,500.

(b) A person who intentionally violates any provision of Article 3 of this Ordinance 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 Ordinance 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.

(d) A violation of Article 5 of this Ordinance shall be prosecuted as a criminal offense by an attorney for the City of Farmington 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 guilt of the defendant beyond a reasonable doubt. A violation of Article 10 of this Ordinance may be prosecuted as a quasi-criminal offense by an attorney for the City of Farmington, or, if an Ethics Committee has been created, by the Commission through the designated administrative procedure.

(e) In addition to any other penalty that may be applicable, whether criminal or civil, an officer or employee who intentionally violates any provision of Article 5 or Article 10 of this Ordinance is subject to discipline or discharge. (Ord. 2004-10, 05-19-04)

Planning Commission

SECTION:

2-1-1:Purpose
2-1-2:Membership
2-1-3:Term of Office
2-1-4:Procedure
2-1-5:Powers and Duties
2-1-6:Land Subdivision or Resubdivision; Official Map
2-1-7:Improvements
2-1-8:Expenditures

2-1-1:                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 one and one-half (1 1/2) miles beyond the corporate limits and not included in any
municipality, a Planning Commission is hereby created under authority of an act of the
General Assembly of the State of Illinois entitled “Illinois Municipal Code” approved
May 29, 1961, and effective July 1, 1961, and as amended. *1

2-1-2:               MEMBERSHIP: The Planning Commission shall consist of seven (7) members, citizens of the City, appointed by the Mayor, on the basis of their particular fitness for their duty on said Planning Commission and subject to the approval of the Council.

2-1-3:               TERM OF OFFICE: Of the seven (7) members first appointed two (2) shall serve for a period of one year, two (2) for a period of two (2) years, and three (3) for a period of three (3) years. Thereafter each member shall serve a term of three (3) years. Vacancies shall be filled by appointments for unexpired terms only. All members of the commission shall serve without compensation except that, if the Council deems it advisable, they may receive such compensation as may be fixed from time to time by said City and provided for in the appropriation ordinance. The ex officio members shall serve for the terms of the elective office.

2-1-4:               PROCEDURE: Immediately following their appointment the members of the Planning Commission shall meet, organize, elect such officers as it may deem necessary, and adopt and later change or alter, rules and regulations of organization and procedure consistent with provisions of this Code and State laws. The Commission shall keep written records of its proceeding, which shall be open at all times to public inspection. The Commission shall also file an annual report with the Mayor and Council setting forth its transactions and recommendations.

2-1-5:               POWERS AND DUTIES: The Planning Commission shall have the following powers and duties:

(A)       To prepare and recommend to the Council of the City a comprehensive plan for the present and future development or redevelopment of the City and contiguous unincorporated territory not more than one and one- half (1 1/2) miles beyond the corporate limits of the City and not included in any other municipality. Such 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. Such plan shall be advisory except as to such part thereof as has been implemented by ordinances duly enacted by the Council All requirements for public hearing, filing of notice of adoption with the County Recorder of Deeds and filing of said plan and ordinances with the Clerk shall be complied with as provided for by law. *2

To provide for the health, safety, comfort and conveniences of the inhabitants of the City and contiguous territory, such plan of plans shall establish reasonable standards of design for subdivisions and for resubdivisions 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 utilities, curbs, gutters, sidewalks, streetlights, 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 City and the recommended zoning classification of such land upon annexation.

(C)       To recommend to the Council, from time to time, such changes in the comprehensive plan, or any part thereof, as may be deemed necessary.

(D)       To prepare and recommend to the 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 such 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 cooperate 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.

(H)       To exercise such other powers germane to the powers granted under authority of an act of the General Assembly of the State of Illinois entitled “Illinois Municipal Code” approved May 29, 1961, and effective July 1, 1961, and as amended, as may be conferred by the Council of the City. *3

2-1-6:               LAND AND SUBDIVISION OR RESUBDIVISION; OFFICIAL MAP: 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 may consist of the whole area included within the official comprehensive plan, or one or more separate geographical or functional parts, and may include all or any part of the contiguous unincorporated area within one and one-half  (1 1/2) miles from the corporate limits of the City. All requirements for public hearing, filing of notice of adoption with the County Recorder of Deeds, and filing of said plan and ordinances, including the official map, with the Clerk shall be complied with as provided for by law. No map or plat of any subdivision or resubdivision presented for record affecting land within the corporate limits of the City or within contiguous territory which is nor more than one and one-half (1 1/2) miles beyond the corporate limits shall be entitled to record or shall be valid unless the subdivision shown thereon provides for standards or design, and standards governing streets, alleys, public ways, ways for public services, street lights, public grounds, size of lots to be used for residential purposes, storm and flood water run-off 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.

2-1-7:               IMPROVEMENTS: The Clerk shall furnish the Planning Commission, for its consideration, a copy of all ordinances, plans and data relative to public improvements of any nature. The Planning Commission may report in relation thereto if it deems a report necessary or advisable, for the consideration of the Council.

2-1-8:               EXPENDITURES: The Commission may, at the discretion of the Council, employ a paid secretary or staff, or both, whose salaries, wages, and other necessary expenses shall be provided for by the Council from the public funds. If said Planning Commission shall deem it advisable to secure technical advice or services, it may be done upon authority from the Council and appropriations by the Council therefore. (Ord. 68-3; 6-27-68)

  1. S.H.A. Ch. 24, Sec. 11-12-42
  2. S.H.A. Ch. 24, Sec. 11-12-6
  3. S.H.A. Ch. 24, Sec. 11-2-4 et seq.

Emergency Services and Disaster Agency

SECTION:

2-2-1:Establishment
2-2-2:Coordinator
2-2-3:Functions
2-2-4:Service as Mobile Support Team
2-2-5:Agreements with Other Political Subdivisions
2-2-6:Emergency Action
2-2-7:Compensation
2-2-8:Reimbursement by State
2-2-9:Purchases and Expenditures
2-2-10:Oath
2-2-11:Office
2-2-12:Appropriation; Levy of Taxes

2-2-1:               ESTABLISHMENT: There is hereby created the “Farmington Emergency Services and Disaster Agency” (hereinafter referred to as the “Farmington ESDA”) to prevent, minimize, repair and alleviate injury or damage resulting from disaster by enemy attack, sabotage, or other hostile action, or from National or man-made disaster, in accordance with “The Illinois Emergency Services and Disaster Act of 1975”. *1

This Farmington ESDA shall consist of the Coordinator, and such additional members as may be selected by the Coordinator.

2-2-2:               COORDINATOR: The Coordinator of the Farmington ESDA shall be appointed by the Mayor, with the consent of the Council, and shall serve until removed by the Mayor.

The Coordinator shall have the direct responsibility for the organization, administration, training and operation of the Farmington ESDA subject to the direction and control of the Mayor as provided by Statute.

In the event of the absence, resignation, death or inability to serve as the Coordinator, the mayor or any person designated by him, shall be and act as coordinator until a new appointment is made as provided in this Ordinance.

2-2-3:               FUNCTIONS: The Farmington ESDA shall perform such ESDA functions within the City shall be prescribed in and by the State ESDA Plan and Program prepared by the Governor, and such orders, rules and regulations as may be promulgated by the Governor, and in addition shall perform such duties outside the corporate limits as may be required pursuant to any mutual aid agreement entered into as provided by “The State ESDA Act of 1975”.

2-2-4:               SERVICE AS MOBILE SUPPORT TEAM: All or any members of the Farmington ESDA Organization may be designated as members of a mobile support team created by the State Director of ESDA as provided by law.

The leader of such mobile support team shall be designated by the Coordinator of Farmington ESDA Organization.

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 State Director, shall receive the compensation and have the powers, duties, rights and immunities incident to such employment or office. Any such member who is not a paid officer or employee of the City, while so serving, shall receive from the State reasonable compensations as provided by law.

2-2-5:               AGREEMENTS WITH OTHER POLITICAL SUBDIVISIONS: The Coordinator of the ESDA may negotiate mutual aid agreements with other municipal corporations or political subdivisions of the State, but no such agreement shall be effective until it has been approved by the Council and by the State Director of ESDA.

2-2-6:               EMERGENCY ACTION: If the Governor declares that a civil defense emergency exists in the event of actual enemy attack upon the United States or the occurrence within the State of Illinois of major disaster resulting from enemy sabotage or other hostile action or form man-made or natural disaster, it shall be the duty of the local ESDA to cooperate fully with the State ESDA and with the Governor in the Exercise of emergency powers as provided by law.

2-2-7:               COMPENSATION: Members of the ESDA Organization who are paid employees or officers of the City, if called for training by the State Director of ESDA, shall receive for time spent in such training the same rate of pay as is attached to the position held; members who are not such City employees or officers shall receive for such training time such compensations may be established by the Council.

2-2-8:               REIMBURSEMENT BY STATE: The State Treasurer may receive and allocate to the appropriate fund and reimbursement by the State to the City for expenses incident to training members of the Farmington ESDA, compensation for services and expenses of members of a mobile support team while serving outside the City is response to a call by the Governor or State Director of ESDA, as provided by law and any other reimbursement made by the State incident to ESDA activities, as provided by law.

2-2-9:               PURCHASES AND EXPENDITURES: The Council may, on recommendation of the Coordinator of ESDA, authorize any purchase or 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 such disaster, or from man-made or natural disaster.

In the event of enemy caused or natural disaster, the Coordinator of ESDA, if authorized by Mayor or Mayor Pro-tem, may procure such services, supplies, equipment or material as may be necessary for such purposes, in view of the emergency, without regard to the statutory procedures or formalities normally prescribed by law pertaining to City contracts or obligations, as authorized by “The State ESDA Act of 1975”, provided that, if the Council meets at such time, he shall act subject to the directions and restrictions imposed by that body.

2-2-10:             OATH: Every person appointed to serve in any capacity in the ESDA shall, before entering upon his duties, subscribe to the following oath, which shall be filed with the Director:

            “I __________, do solemnly swear (or affirm) that I will support and defend and bear true faith and allegiance to the Constitution of the United States and 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 the obligation freely, without any mental reservation or purpose of evasion; and that I 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 Farmington ESDA Organization, I will not advocate not become a member of any political party or organization that advocates the overthrow of the government of the United States of this State by force or violence.”

2-2-11:             OFFICE: The Mayor is authorized to designate space in the City Hall, or elsewhere, as may be provided for by the Council for the ESDA as its office.

2-2-12:             APPROPRIATION; LEVY OF TAXES: The Council 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 five cents ($.05) per one hundred dollars ($100.00) of the assessed value of all taxable property in addition to all other taxes, as provided by “The State ESDA Act of 1975”; provided, however, that the amount collectable under such levy shall in no event exceed twenty five cents ($.25) per capita. (Ord. 77-1, 1-31-77)

  1. S.H.A. Ch 127, 1051 et seq.

Board of Cemetery Managers

SECTION:

2-3-1:Board Established
2-3-2:Members
2-3-3:Organization
2-3-4:Duties

2-3-1:               BOARD ESTABLISHED: There is hereby constituted and established in the City, a Board of Cemetery Managers. *1

2-3-2:               MEMBERS: The Cemetery Board shall consist of three (3) citizens who are legal voters of the City, shall be appointed by the Mayor with the advice and consent of the council, and who shall hold said appointments for the term of two (2) years, and/or until their successors are duly appointed and qualified. The citizen members of the Board, shall, before entering upon the discharge of their duties, take and subscribe the oath of office prescribed for City officers. (Ord. 2011-16 01/03/2012)

2-3-3:               ORGANIZATION: The Board shall hold general or special meetings in the City Hall, at such times as they may prescribe.  A majority of the members of said Board, in consultation with the City Administrator, shall make and establish such reasonable by-laws, rules and regulations as may be necessary. One of the members shall be Chairman of said Board, and one shall be Secretary. Such Secretary shall keep a faithful record of the proceedings of the Board in a suitable book to be provided by the City, for that purpose, and he/she shall carefully preserve and file all papers and records pertaining to the transaction of said Board. (Ord. 2011-16 01/03/2012)

2-3-4:               DUTIES: The Board, in consultation with the City Administrator and the Superintendent of Public Works shall have control and charge of Oak Ridge Cemetery, and supervise and direct the ornamentation, adjoining, embellishing, laying out and improving the grounds of said Cemetery, and avenues, walks and squares therein. They also may cause to be erected or provided, all such buildings, vaults or other fixtures as may be necessary and proper for the convenient use of said Cemetery. For that purpose  only, they may employ such laborers or workmen, purchase and/or contract for such materials as they deem necessary. No member of the Board, however, shall be a contractor for or, have an interest in any contracts, for any work upon such Cemetery, or in the furnishing of work or material for said Cemetery. (Ord. 2011-16 01/03/2012)

  1. Not available

Board of Local Improvements

SECTION:

2-4-1:Board of Local Improvements

2-4-1:               BOARD OF LOCAL IMPROVEMENTS: The Board of Local Improvements of the City shall consist of four (4) members, who shall be the Mayor of the City, who shall be President of said Board, the Superintendent of Streets of the City. The Clerk shall be secretary of said Board. (Ord. 70-7, 5-4-70)

Library Board

SECTION:

2-5-1:Board of Directors

2-5-1:               BOARD OF DIRECTORS: The Mayor, with the approval of the Council, shall appoint nine (9) Directors of the public library who shall be termed the Library Board of Directors chosen form the citizens at large, with reference to their fitness for such office, and not more than one member of the Council shall be at one time a member of the Board. The terms of office of such Directors, and their powers, duties and liabilities, shall be as provided by the laws of the State of Illinois and by the provisions of the Code. *1 (R.O. 1911, Sec. 272)

  1. S.H.A. Ch 81, 1-1 et seq.

Board of Health

SECTION:

2-6-1:Members; Appointment
2-6-2:Power of Board
2-6-3:Health Commissioner; Qualification of Duties
2-6-4:Sanitary Police; Duties
2-6-5:Power to Enter Premises
2-6-6:Power to Arrest
2-6-7:Execution of Orders
2-6-8:Sanitary Inspection
2-6-9:Report

2-6-1:               MEMBERS; APPOINTMENT: The Board of Health shall consist of the Mayor, who shall be Chairman of the Board, practicing physician who shall be designated as Health Commissioner, and one competent citizen. The latter two (2) members of the Board shall annually be appointed by the Mayor, by and with the advice of the Council, and shall hold office for the term of one year and until their successor are duly appointed and qualified. *1 (R.O. 1911, Sec. 204)

2-6-2:               POWER OF BOARD: The Board of Health shall exercise a general supervision over the health of the City, with full power to make sure rules and regulations, and to take such steps, and to employ such measures as may be necessary to promote the cleanliness and salubrity thereof. It shall have full charge of the prevention, restriction and supervision of contagious and infectious diseases. It shall exercise all other power, which may be necessary for the welfare of the general health. (R.O. 1911, Sec. 205)

2-6-3:               HEALTH COMMISSIONER; QUALIFICATION AND DUTIES: The Health             Commissioner shall be a legally qualified physician, possessed of the requisite knowledge of sanitary science and preventative medicine; he shall be the advisory member of the Board of Health, and it shall be his duty to assist and advise the other members on all matters relating to public health, and to superintend, under the direction of the Board, the enforcement and observance of the provisions of this code relating to the public health. (R.O. 1911, Sec. 206)

2-6-4:               SANITARY POLICE; DUTIES: There shall be appointed by the Board of Health a sanitary policeman or policemen, who shall assist the Health Commissioner and perform the duties and services indicated by the provisions of this Code, or which may be prescribed by the Board for the preservation or improvement of public health. (R.O. 1911, Sec. 207)

2-6-5:               POWER TO ENTER PREMISES: For the purpose of carrying out the provisions of this Code, the members of the Board of Health, and its employees, shall be permitted to enter, at any reasonable hour, any premises, house, store, stable, manufactory, or other building. (R.O. 1911, Sec. 208)

2-6-6:               POWER TO ARREST: The Board of Health and its sanitary policeman or policemen shall have the right to arrest, or to cause to be arrested, any person who shall violate any of the provisions of this Code concerning health regulations. (R.O. 1911, 209)

2-6-7:               EXECUTION OF ORDERS: The orders of the Board of Health or the Health             Commissioner shall be executed by the sanitary police officer or officers, or in his absence or inability to act, by the Chief of Police or any police officer of the City. (R.O. 1911, Sec. 210)

2-6-8:               SANITARY INSPECTION: The Board of Health shall cause a thorough sanitary inspection of the entire area within its jurisdiction to be made under the supervision of the Health Commissioner, at least once each year, and more often if necessary. Such inspection shall include all matters affecting the public health.

2-6-9:               REPORT: The Board of Health shall make a report of the sanitary conditions discovered by the sanitary inspection to the Council, and also to the State Board of Health upon blanks furnished for that purpose by the State Board.

  1. S.H.A. Ch. 24, Sec. 11-16-1.

Zoning Board of Appeals

SECTION:

2-7-1:Authorization and Appointment
2-7-2:Procedure
2-7-3:Appeals; How Taken
2-7-4:Powers

2-7-1:               AUTHORIZATION AND APPOINTMENT: A Board of Appeals is hereby authorized in accordance with division 13 of the Illinois Municipal Code. *1

The Board of Appeals shall consist of seven (7) members to be appointed by the Mayor and Council. The members of the Board of Appeals shall serve as follows: For the initial appointments; one for five (5) years; one for six (6) years; and one for seven (7) years. Successors to each member so appointed shall serve for a term of five (5) years. One of the members so appointed shall be named chairman at the time of his appointment. The appointing authority has the power to remove any member of the Board of Appeals for cause and after public hearing. Vacancies shall be filled for the unexpired term of the member whose place has become vacant.

2-7-2:               PROCEDURE: Meetings of the Board of Appeals shall be held at the call of the chairman and at such other times as the Board may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceeding showing the vote or failure to vote of each member upon every question, and shall keep records of examinations and other official actions. All Board of Appeals action shall be a matter of public record.

2-7-3:               APPEALS; HOW TAKEN: An appeal to the Board of Appeals may be taken by any person aggrieved by any order, requirement decision, or determination by any governmental officer, department, board, or bureau based in whole or in part upon the provisions of this title.

Such appeal shall be filed with the Zoning Enforcing Officer and the Board of Appeals within twenty (20) days of the action appealed from. Upon appeal, then Zoning Enforcing Officer shall immediately transmit to the Board of Appeals all papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed unless the Enforcing Officer certifies to the Board that a stay would, in his opinion, cause imminent peril to life or property. The Board shall fix a reasonable time for hearing of the appeal, a notice which shall be published at least once, not more than thirty (30), nor less than fifteen (15) days before the hearing in a newspaper of general circulation within the community.

The concurring vote of four (4) members of the Board of Appeals is necessary to reverse any order, requirement, decision of an administrative official or to decide in favor of the applicant.

2-7-4:               POWERS: The Board of Appeals shall have the following:

(A)       Interpretation and Administrative Review: To hear and decide appeals where it is alleged that there is an error in any action by the Zoning Enforcing Officer or other administrative official in carrying out the provisions of this Title; and for the interpretation of the Zoning Map.

(B)       Variations: To hear and decide on application for a variation in cases where there are practical difficulties or particular hardship in the way of carrying out the provisions of this Title.

  1. Before any variation is granted, the Board of Appeals must make a finding of facts that all of the following conditions are shown to be present: (a) the property is question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in that zone; (b) the plight of the owner is due to unique circumstances, and (c) a variation, if granted, will not alter the essential character of the locality. In granting a variation the Board may attach thereto any conditions and safeguards it deems necessary or desirable in furthering the purposes of this Title. Violation of any of these conditions or safeguards shall be deemed a violation of this Title.
  2. Nothing herein contained shall be construed to give or grant the Board the power or authority to permit a use not generally permitted in the district involved.
  3. In order to partially defray the expense of public hearings involving variation, the applicant shall pay the sum of thirty-five ($35.00) to the Treasurer at the filing of the appeal.
  4. All final administrative decisions of the Board of Appeals shall be subject to judicial review pursuant to the “Administrative Review Act”, approved May 8, 1945, and all amendments and modifications thereof, and the ruled adopted pursuant thereto. (Ord. 69-3, 1969)
  5. S.H.A. Ch. 24, 11-13-3.

Board of Police Commissioners

SECTION:

2-8-1:Authorization and Appointment
2-8-2:Rules

2-8-1:               AUTHORIZATION AND APPOINTMENT: Pursuant to the referendum adopted by the City of Farmington passed in November 1982, there is hereby established the City of Farmington, Illinois Board of Police Commissioner. Appointments to the board shall be made as specified in 65 ILCS 5/10-2.1-1. Said board shall function as specified by Illinois State Statutes 65 ILCS Sections 5/10-2/1-1 through 5/10-2.1-30.

2-8-2:               RULES: As required in 65 ILCS 5/10-2.1-5 the board shall adopt rules which will govern the procedures of the board. These rules may be changed by the board as may be necessary. The rules are to be published and notice given by the board where said rules may be obtained. Said rules shall also be included in the “City of Farmington, Illinois Human Resources Guide” established by Farmington City Code Section 1-22-3. Any changes made to the rules by the board shall be reflected in said “Human Resources Guide”.

Historic Preservation Commission and Farmington Citizens Corps. Council

SECTION:

2-9-1:Historic Preservation Commission
2-9-2:Farmington Citizens Corps. Council

2-9-1: Historic Preservation Commission

PURPOSE:     To provide advice and recommendations to the City of Farmington, the Mayor and City Council, City Staff, and such committees as may be created from time to time on historic issues and on preservation issues.  Also to acquire and preserve historic memorabilia regarding the City of Farmington, its environs and its citizens. 

Said organization is organized exclusively for charitable, religious, educational, and scientific purposes, including, for such purposes, the making of distributions to organizations that qualify as exempt organizations under section 501 (c) (3) of the Internal Revenue Code, or the corresponding section of any future Federal Tax Code. (Ord. 2011-07, Mar 7 2011)

MEMBERSHIP:         The Historic Preservation Commission shall consist of five (5) members, citizens of the City, appointed by the Mayor, on the basis of their particular fitness for their duty on said Commission and subject to the approval of the Council.  The Commission may allow such additional volunteer members as it wishes to allow to serve, but they shall be non-voting.

TERM OF OFFICE:   The five (5) members shall serve for a period of two (2) years.  Vacancies shall be filled by appointments for unexpired terms only. All members of the commission shall serve without compensation except that, if the Council deems it advisable, they may receive such compensation as may be fixed from time to time by said City and provided for in the appropriation ordinance. The ex officio members shall serve for the terms of the appointive office.

PROCEDURE:           Immediately following their appointment the members of the Historic Preservation Commission shall meet, organize, elect their own chairman, treasurer and secretary, and adopt and later change or alter, rules and regulations of organization and procedure consistent with provisions of this Code and State laws. The Commission shall keep written records of its proceeding, which shall be open at all times to public inspection.  The Commission shall immediately forward to the City’s Freedom of Information Officer any request for documents it or its individual members receive so as to allow compliance with the Freedom of Information Act.  No meetings of the Commission may be closed to the public.

EXPENDITURES:     The Commission may, upon approval of the City Administrator, expend such funds as its majority vote deems advisable. 

PROPERTIES:          Memorabilia of any sort acquired by the Commission shall be deemed to be the property of the City of Farmington.

Upon the dissolution of the organization, assets will be distributed for one or more exempt purposes within the meaning of section 501 (c) (3) of the Internal Revenue Code, or corresponding section of any future Federal Tax Code, or shall be distributed to the Federal Government or to a state or local government, for public purpose. (Ord.2011-07 Mar 7 2011).

2-9-2: Farmington Citizen Corps. Council

PURPOSE: To establish a local Citizen Corps Council to assist the City of Farmington and other local government bodies and local agencies in the time of an emergency. The Farmington Citizens Corps Council shall be made up of the following divisions; Citizens Corps Council, C.E.R.T. (Citizens Emergency Response Team), V.I.P.S. (Volunteers in Police Services), and Neighborhood Watch.

PROCEDURE: The Farmington Citizens Corps Council shall follow the Standard Operating Guidelines as set forth by the State of Illinois Citizen Corps and shall be governed and abide by those guidelines.  Activation of the Farmington Citizens Corps or any of its assets shall be reported to all Division Heads, the Mayor, and the City Administrator at the time of activation.

PROPERTIES: Any assets or equipment received or assigned to the Farmington Citizen Corps is hereby deemed an asset of the City of Farmington.

Community and Economic Development Commission

SECTION:

2-10-1:Community and Economic Development Commission

2-10-1: Community and Economic Development Commission

PURPOSE:     To provide advice and recommendations to the City of Farmington, the Mayor and City Council, City Staff, and such committees as may be created from time to time on community and economic development issues.  Said commission shall oversee the current City of Farmington Comprehensive Plan and give assistance to the City of Farmington in seeing that economic development goals of said plan are met.

AUTHORITY:  The Community and Economic Development Commission shall serve in an advisory role only to the Farmington City Council, and shall have no other expressed or implied authority.

MEMBERSHIP:         The Community and Economic Development Committee shall consist of nine (9) members, seven (7) citizens of the community and two (2) members of the City Council, appointed by the Mayor, on the basis of their particular fitness for their duty on said Commission and subject to the approval of the Council. The Commission may allow such additional volunteer members as it deems necessary, to serve the commission, but they shall be non-voting.

TERM OF OFFICE:   The nine (9) members shall serve for a period of two (2) years.  Vacancies shall be filled by appointments for unexpired terms only. All members of the commission shall serve without compensation except that, if the Council deems it advisable, they may receive such compensation as may be fixed from time to time by said City and provided for in the appropriation ordinance. The ex officio members shall serve for the terms of the appointive office.

PROCEDURE:    Immediately following their appointment the members of the Community and Economic Development Commission shall meet, organize and elect their own chairman and secretary. The Commission shall keep written records of its proceeding, which shall be open at all times to public inspection.  The Commission shall immediately forward to the City’s Freedom of Information Officer any request for documents it or its individual members receive so as to allow compliance with the Freedom of Information Act.  No meetings of the Commission may be closed to the public.

Licenses

SECTION:

3-1-1:Mayor to Grant; Revoke
3-1-2:Application
3-1-3:Mayor’s Discretion
3-1-4:License; Issuance
3-1-5:Form of License
3-1-6:Record of Licenses
3-1-7:Clerk to Report Number of Licenses Issued
3-1-8:Change of Location; Notice
3-1-9:License to be Posted
3-1-10:Licenses Subject to Code Provisions
3-1-11:Term of License; Rebate
3-1-12:Nonpayment of Fee
3-1-13:Transfer of License
3-1-14:Business Continued After Death of Licensee
3-1-15:Lost, Stolen Licenses
3-1-16:License Bonds, Sureties
3-1-17:License Fees Prorated
3-1-18:Notice of Expiration
3-1-19:Duty of Police to Enforce
3-1-20:Gambling Regulations

3-1-1:               MAYOR TO GRANT; REVOKE: In all cases where licenses are required to be procured by the provisions of this Code, such license shall be granted by the Mayor and attested by the Clerk, except in those cases where provision is expressly made for the granting of licenses in some other manner. The Mayor shall also have power to revoke, for cause, any license granted by him. (R.O. 1911, Sec. 274)

3-1-2:               APPLICATION: Any person desiring a license for any purpose under the provisions of this Code shall, unless otherwise provided for by ordinance, make a written application therefore through the Clerk, to the Mayor, stating his name, the purpose for which the license is desired, for what length of time and the place where his business or occupation is to be carried on, and, when a bond is required to be filed before being licensed, he shall name the proposed sureties on the bond in his application. If the Mayor shall grant the application, he shall so endorse the same, together with the amount of the license fee fixed in the case. Upon the filing of the application so endorsed with the Clerk, and the presentation to him of a receipt from the Treasurer, showing payment of the sum so specified and required, and upon filing a proper bond, approved by the Mayor, the Clerk shall issue to the applicant a license for the purpose and time therein specified.

A new application shall be made upon the expiration of any license so issued before anew license shall issue; provided, however, that in cases where provision is made for the division of any license year into periods, and the issuance of a license for any such period is provided for, application need no be made in such cases at the end of each period, it being the intention to require application to be made for license annually, only. In any case where frontage consent are required to be procured before a license shall issue, it shall no be necessary to secure the renewal of such license, if such license be renewed forthwith, except where by law or ordinance it is otherwise provided, and except further that such frontage consents shall be renewed in each case after the expiration of five (5) years from the time the same were last obtained. (R.O. 1911, Sec. 275)

3-1-3:               MAYOR’S DISCRETION: In all cases where it is not otherwise expressly provided, the Mayor shall have power to hear and grant applications for licenses upon the terms specified in this Chapter, and all licenses shall be issued to such person or persons as shall comply in all respects with the provisions of this Chapter, and as the Mayor in his discretion shall deem suitable and proper persons to be licensed. (R.O. 1911, Sec. 276)

3-1-4:               LICENSE; ISSUANCE: Every license issued by the City shall, unless otherwise directed by ordinance, be signed by the Mayor, and countersigned and attested by the Clerk under the Corporate Seal, and no license shall be valid until signed and countersigned as aforesaid nor shall any person be deemed to be licensed until the same shall have been issued to him in due form. (R.O. 1911, Sec. 277)

3-1-5:               FORM OF LICENSE: Licenses shall be issued, as nearly as may be, in the following form:

To All to Whom These Presents Shall Come – Greeting:

            Know Ye, That           having made application in due form (filed bond), paid into the City Treasury the sum of           dollars, and in all other respects complied with the provisions of the City Code in this behalf, therefore, I             Mayor of the City of Farmington, for and on behalf of the people of said City, do hereby authorize, empower and license the said                to                    (here set forth the business or purpose of the license)         at                for                from               .

Nevertheless, this license is granted upon the express condition that the said             shall observe and obey all provisions of said City Code which are now, or may be in force, regulating or relating to his said business, then this license shall be valid for the period aforesaid; otherwise, it may be annulled, revoked or forfeited, at the option of the Mayor or the City Council, or in any other manner provided by ordinance.

In Testimony Whereof, I have hereunto set my hand and caused the Corporate Seal of said City to be affixed, in said City this           day of           A.D. 20      .

                        Mayor.

     (Seal)
Attest:                           City Clerk
(R.O. 1911. Sec. 278)

3-1-6:               RECORD OF LICENSES: The Clerk and the Treasurer shall each keep a license register, in which they shall enter the name of each person, for what business or purpose licensed, the place of business, date of the license, number of the same, the amount paid for each and the time of expiration thereof. (R.O. 1911, 279)

3-1-7:               CLERK TO REPORT NUMBER OF LICENSES ISSUED: The Clerk shall, on the close of each month, report to the Council in writing, the number of licenses issued during the preceding month, to whom issued, the amount of fees collected for the same and the location of the persons licensed, and he shall annually, at the close of each fiscal year, make and submit to the Council a full and complete abstract of all licenses issued during the preceding fiscal year, with the amounts taxed and collected for the same. (R.O. 1911, Sec 280)

3-1-8:               CHANGE OF LOCATION; NOTICE: If any person licensed by the Mayor to carry on, engage in, or conduct any business or occupation required to be licensed by the provisions of this code, and being designated in his license a particular place in which such business was licensed to be carried on, engaged in or conducted, shall, before the expiration of such license, change the location of such place of business, he shall first obtain the approval of the Mayor and shall forthwith notify the Clerk of such fact, and no business shall be carried on, engaged in or conducted under authority of such license at such new location until notice of such change has been given as herein provided. (R.O. 1911, Sec. 281)

3-1-9:               LICENSE TO BE POSTED: Every license granted by the Mayor for the purpose of conducting any business or occupation required by the provisions of this Code to be licensed, and having designated therein a room, store, office or place in which such business so licensed is to be conducted, shall be posted and during the period for which such license was issued shall remain posted at all times in a conspicuous place, so that the same may be easily seen, upon the wall of the principal room, or office, of the store or place in which such licensed business or occupations carried on, and when such license shall have expired, it shall be removed from such 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 such license has expired. (R.O. 1911, Sec. 282)

3-1-10:             LICENSE SUBJECT TO CODE PROVISIONS: All licenses shall be subject to the provisions of this Code which may be in force at the time of the issuing thereof, or which may be subsequently passed by the Council. (R.O. 1911, Sec. 283)

3-1-11:             TERM OF LICENSE; REBATE: No license shall be granted for a lesser period nor for a longer period than one year, unless specific provision shall elsewhere be made by this or some other provision for the issuance of a license for a period of less than one year, and every license shall expire in the first Monday on May next following it issuance, unless otherwise specifically provided.

The fee for each license issued shall be collected in full at the time of issuance and delivery thereof, unless specific provisions to the contrary be otherwise made; provided, that if application be made after the month of May in any one year, the sum required to be paid shall bear the same ratio to the sum required for the whole year, that the number of months remaining (inclusive of the month in which application is made) bears to the whole number of months in the year, and provided further that this provision shall not apply in the case of any person who shall engage in any business or occupation without first procuring a license.

In no event shall any rebate or refund be made of any license fee or part thereof, by reason on nonuse of such license, or by reason of the change of location or occupation of such licenses, unless the same is specifically provided. (R.O. 1911, Sec. 284)

3-1-12:             NONPAYMENT OF FEE: Whenever it shall appear from the license registers kept by the Clerk or Treasurer, that any person holding any license or permit of any kind or privilege granted by the City, has failed to pay the amount due thereon, the clerk or Treasurer shall report the fact to the Mayor, whose duty it shall be to promptly revoke such license, permit or privilege. (R.O. 1911, Sec. 285)

3-1-13:             TRANSFER OF LICENSE: No license granted under the provisions of this Chapter shall be assignable or transferable, nor shall any person be authorized to do business or act under such license but the person to whom it is granted, or at any other place than that specified therein, nor shall any license authorize any person to act under it at more than one place, or at any other time than is therein specified; provided that any person to whom any license shall have been issued may with the permission of the Mayor, assign and transfer the same to any other person, the person to whom such license is issued, or the assignee of such license shall surrender such assigned license, authorizing the assignee or transferee of such license to carry on the same business or occupation a the same place designated in the old license, provided, further, that in all cases the person obtaining such new license shall give bond with sureties which shall conform as nearly as may be to the bond upon which such surrendered license was issued. (R.O. 1911, Sec. 286)

3-1-14:             BUSINESS CONTINUED AFTER DEATH OF LICENSEE: In case of the death of any person licensed before the time limited in his license shall have expired, his copartner (if he has any) or his legal representative may continue to act under his license for the unexpired term thereof, subject, however, to the conditions imposed upon the person to whom the same was originally issued. (R.O. 1911, Sec. 287)

3-1-15:             LOST, STOLEN LICENSES: Whenever any license is mislaid, lost or stolen, it shall be the duty of the Clerk, upon the licensee or his agent filing any affidavit with him stating such license was lost, stolen or mislaid, as the case may be, and that if found, he will not use the same, to reissue said license, and for this purpose the Clerk shall keep a book to be called “Reissue License Book”, and keep a record of the same. (R.O. 1911, Sec. 288)

3-1-16:             LICENSE BONDS; SURETIES: Any bond given by any person to the City under any license shall, before a license is granted, be approved by the Mayor unless otherwise provided; and, unless otherwise provided, all said bonds shall be signed either by a responsible surety company or by two (2) good and sufficient sureties, and shall be conditioned for the due observance of all provision of the City regulating or relating to any such business or occupation, which now are or may be in force during the period of such license. Said bond shall, unless otherwise provided, be filed with the Clerk.

3-1-17:             LICENSE FEES PRORATED: When specific provision is made anywhere for the division of a license for less than the full annual license fee for the issuance of a license for a part or portion of a license year upon the payment of a proportionate amount of the annual license fee, the amount to be so paid for such license shall be computed from the first day of the period during which such license is issued, if the license year be divided into periods, or if provisions be made for monthly periods, it shall be computed as running from the first day of the month in which such license is issued; provided, that no person shall be entitled to the benefit of the provisions of this Section who has engaged without a license to do so in the business for which he applies for license at the time of such application.

3-1-18:             NOTICE OF EXPIRATION: It shall be the duty of the Clerk, by notice in writing, to notify all persons holding licenses, not less than ten (10) days before the expiration of the same of the date of their expiration, and also to notify all who are required to procure a license for their trade or occupation. The Clerk, immediately upon the expiration of any license, shall also give such notice or as soon as the fact that any person is acting without license shall come to his knowledge. The notice shall be served by the Chief of Police, or any police officer of the City, and may be left at the residence or place of business of the person notified, or, if deemed necessary, may be sent through the mail. (R.O. 1911, Sec. 291)

3-1-19:             DUTY OF POLICE TO ENFORCE: The members of the Police Force shall enforce all provisions of the City relating to licenses, and it is hereby made duty of the Chief of Police to examine, from time to time, the license register of the Clerk and to report and prosecute all; person liable thereto, who may be acting or doing business without a license. (R.O. 1911, Sec. 292)

3-1-20:            GAMBLING:

It shall be unlawful for any person, business, or corporate entity to keep, operate for hire or use in such manner as to involve any chance in the determination of the number or value of any article or articles purchased or played for, any cigar wheel, slot machine, dice or any piece of mechanism, the operation of which involves or creates any chance; provided however, the prohibitions provided for in this chapter and any other chapter or section of Farmington City Code that may reference or govern gambling or gaming, shall not apply to any device for which a license or permit has been issued by the Illinois Gaming Board pursuant to the Illinois Video Gaming Act,  230 ILCS 40/1 et seq., so long as such device is conducted in compliance with all the requirements of said act and all rules and regulations of the Illinois Gaming Board.  There is hereby imposed a license fee of $25 payable to the City of Farmington annually of $25 per device per year, on any device within the City of Farmington for which a license or permit has been issued by the Illinois Gaming Board pursuant to the Illinois Video Gaming Act, 230 ILCS 40/1 et seq., which fee shall be paid by the owner of the operation in which the licensed or permitted device is located.  Said per year payment shall be due on the first day the said device is placed into service and on the anniversary of said for each year thereafter that the device continues in service.  A license will issue upon a showing of the appropriate state licenses or permits and must be displayed at the licensed premises

Liquor Regulations

SECTION:

3-2-1:Title
3-2-2:Definitions
3-2-3:License Required
3-2-4:Applications
3-2-5:Restrictions
3-2-6:Classification; Fee
3-2-7:Consumption on Premises
3-2-8:Transfer of License
3-2-9:License Revocation
3-2-10:Refunds
3-2-11:Number of Licenses
3-2-12:Reports to Commissioner
3-2-13:Closing Time
3-2-14:View of Premises
3-2-15:Minors
3-2-16:Presence of Minors Restricted
3-2-17:Sidewalk Restaurants and Cafe

3-2-1:               TITLE: This chapter shall be known and cited as the “Liquor Control Code, Regulating the Sale of Alcoholic Beverages in a Bar.”

3-2-2:               DEFINITIONS: Unless the context otherwise requires, the following terms as used in the Chapter shall be construed according to the definitions given below.

ALCOHOLIC LIQUOR   The term “alcoholic liquor” shall mean any spirits, wine, beer, ale or other liquid containing more than one-half of one percent (0.5%) of alcohol by volume, which is fit for beverage purposes.

WINE             The term “wine” means any alcoholic beverage obtained by the fermentation of the natural contents of fruits or vegetables, containing sugar, including such beverages when fortified by the manufacturer by the addition of alcohol or spirits.

BEER              The term “beer” means 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.

CLUB             The term “Club” shall mean a corporation organized under the laws of this State, not for pecuniary profit, solely for the promotion of some common object other than the sale of consumption of alcoholic liquors, kept, used and maintained by its members through payment of annual dues, and owning, hiring, or leasing a building or space in a building, of such extent and character as any be suitable and adequate for the reasonable ad comfortable use and accommodation of its members and their guests; and, provided, further, that its affairs and management are conducted by a board of directors’ executive committee or similar body chosen by the members at their annual meeting, and that no member, or an officer, agent, or employee of the club is paid or directly receives in the form of a salary or other compensation any profits from the sale of alcoholic liquor to the club or members or its guests introduced by members beyond the amount of such salary as may be fixed and voted at any annual meeting by the members or by its board of directors or the governing body out of the general revenue of the Club.

RETAIL SALES        The term “retail sales” shall mean the sale for use or consumption and not for resale.

3-2-3:               LICENSE REQUIRED: It shall be unlawful to sell or offer for sale at retail in the City any alcoholic liquor without having a retail liquor license, or in violation of the terms of such license. It shall be unlawful to sell or offer for sale on a temporary basis in the City any alcoholic liquor without having a temporary liquor license, or in violation of the terms of such license.          

3-2-4:               APPLICATIONS: Applications for such license shall be made to the Mayor of the City, in writing, signed by the applicant, if an individual, or by a duly authorized agent thereof, if a corporation, verified by oath or affidavit, and shall contain the following information and statement:

(A)       The name, age and address of the applicant in the case of an individual; in the case of a co-partnership, the persons entitled to share in the profits thereof; and in the case of a corporation, for profit, the date of incorporation, the objects for which it was organized, and the names and addresses of the officers ad directors; and of a majority in interest of the stock of such corporation is owned by one person, or his nominees, the names and addresses of such person; and in the case of a limited liability company, the date of formation and names of members and managers.

(B)       The citizens of the applicant, his place of birth, and if a naturalized citizen, the time and place of his naturalization.

(C)       The character of business of the applicant; and in case of a corporation, the objects for which it was formed.

(D)       The location and description of the premises or place of business, which is to be operated under such license.

(E)       A statement whether applicant has made similar application for similar license on premises other than described in this application, and the disposition of such application.

(F)       A statement that applicant has never been convicted of a felony and is not disqualified to receive a license by reason of any matter or thing contained in this Chapter, laws of the State or the provisions of this Code.

(G)       Whether a previous license by any state or subdivision thereof of by the Federal Government has been revoked, and the reasons therefore.

(H)       A statement that the applicant will not violate any of the laws of the State of Illinois or the United States or any provisions of this Code in the conduct of his place of business. (Ord. 74-6)  

(I)        A statement of financial condition showing assets, liabilities, and net worth of the applicant.

(J)        Proof of appropriate commercial and dram shop liability insurance.

(K)       If the applicant seeks a Class E temporary license, he shall also state the dates requested for said license, which dates shall not be less than thirty (30) days hence from the date of application and shall be consecutive. The applicant shall also identify any sponsoring or participating organizations.

3-2-5:               RESTRICTIONS: No such license shall be issued to any individual(s), partnership, corporation or entity that for any reason would be ineligible to receive a license under the provisions of the Illinois Revised Statutes, Chapter 235, paragraph 5/6-2, as amended, or who does not hold a state liquor license or obtain one within thirty (30) days of being granted a Farmington liquor license.

3-2-6:               CLASSIFICATION FEE: Such licenses shall be the following classes:

CLASS A LICENSE: The Class A License shall authorize the holder to sell alcoholic beverages of liquor or consumption either on or off the premises where the sale is made. The annual fee for such license shall be One Thousand Fifty Dollars ($1,050.00) per year. Such license shall not descend by the laws of intestate succession or by will or similar instrument. The person having a Class A license shall sell alcoholic beverages or liquor only on Monday through Saturday from the hours of six o’clock (6:00) A.M. to one o’clock (1:00) A.M. on the following and on Sunday from twelve thirty (12:30) P.M. to one o’clock (1:00) A.M. on the following day. If sixty percent (60%) of licensee’s gross sales is derived from food, license holder is permitted to open on Sunday from eleven o’clock (11:00) A.M. until one o’clock (1:00) A.M.

CLASS B CLUB RETAIL LICENSE: A Class B License shall authorize the holder to sell alcoholic beverages of liquor for consumption only on the premises where the sale is made. The annual fee for such license shall be Nine Hundred Dollars ($900.00) per year. Such license shall not descend by the law of intestate or by will or similar instrument. The club having a Class B License shall sell alcoholic beverages or liquor only on Monday through Sunday from the hours of six o’clock (6:00) a.m. to one o’clock (1:00) a.m. on the following day.

CLASS C PACKAGE RETAIL LICENSE: A Class C License shall authorize the holder to sell alcoholic beverages or liquor for consumption only off the premises where the sale is made. The person having the Class C License shall sell alcoholic beverages or liquors only Monday through Sunday from the hours of six o’clock (6:00) a.m. to one minute after twelve o’clock (12:01) a.m. on the following day. The annual fee for such license shall be Seven Hundred Fifty Dollars ($750.00). Such license shall not descend by the laws of the intestate succession or by will or similar instrument.

CLASS D LICENSE: The Class D license shall authorize the holder to offer for sale or give away on a temporary basis alcoholic beverages for consumption on the premises where the proffer or sale is made. Class D licenses may be issued to a holder of a Class A or B license. The daily fee for such license shall be Two Hundred Dollars ($200.00), plus Twenty-five Dollars ($25.00) per hour for police security. The person having the Class D License may only offer or give away alcoholic beverages Monday through Saturday from eleven o’clock (11:00) a.m. to one minute after twelve o’clock (12:01) a.m. the following day and on Sunday from twelve thirty (12:30) p.m. to one minute after twelve o’clock (12:01) a.m. the following day, but only for the number of days shown on the license. Class D licenses may only be granted for a “special event” which shall mean an event conducted by an educational, fraternal, political, civic, religious or nonprofit organization. The license fee includes a component for a police officer to be present during the event. The daily fee must be paid in advance for a full day, but the licensee will be refunded following the event for any unused hours if the officer is not at the scene or is the event closes earlier than closing time under the ordinance. Which refund will be equal to the number or unused possible police hours at the rate of Twenty-five Dollars ($25.00) per hour. Partial hours will not be refunded.

CLASS E LICENSE: The Class E license shall authorize the holder to allow patrons of a public accommodation which does not sell or give away alcoholic beverages to bring alcoholic beverages onto the premises for consumption on the premises. The annual fee for such license shall be Six Hundred Fifty Dollars ($650.00). The person having the Class E license may only allow the consumption of alcoholic beverages by patrons Monday through Saturday from six o’clock (6:00) a.m. to one minute after twelve o’clock (12:01) a.m. the following day and on Sunday from twelve thirty (12:30) p.m. to one minute after twelve o’clock (12:01) a.m. on the following day.

(Ordinance 2010-3, 2/15/2010).

CLASS F LICENSE: A supplemental license shall be obtained for the retail sale of alcoholic beverages in an outdoor cafe or a sidewalk restaurant adjacent to the licensed premises. The supplemental license will be limited to the hours of eleven o’clock (11:00) A.M. to ten o’clock (10:00) P.M. Sunday through Thursday and eleven o’clock (11:00) A.M. to twelve o’clock (12:00) midnight Friday and Saturday.

(A) Application for this license shall be made for each cafe or sidewalk restaurant where alcoholic beverages will be sold at retail. To apply for this supplemental license, the licensee shall file its request, in writing, with the Farmington liquor commissioner. Application for the supplemental license must be received by the Farmington liquor commissioner fourteen (14) days in advance of the opening of the outdoor cafe or sidewalk restaurant. Two versions of this supplemental license will be offered for application: a single event license for one day only and a yearly renewable license.  The application fees are $10.00 per single event license or $100.00 per year. The application for the supplemental license shall be submitted by the applicant with a scale drawing of the proposed outdoor facility which shall, at a minimum, include the following:

Required Plan Submissions: All applications for Class F licenses must contain a detailed description of the proposed outdoor facility. In determining whether to issue a Class F license, the commissioner shall consider:

  1. The availability of sufficient parking.
  2. The increase in traffic, if any, on the streets in the areas.
  3. The nature of the uses of the surrounding property.
  4. The amount of noise, if any, which will be generated by the proposed outdoor facility and its effect on nearby residents, if any.
  5. The adequacy of sanitary facilities, including facilities for disposing of solid waste such as cans, bottles and cartons generated by increased patronage, if any.
  6. Such other factors reasonably necessary and incidental to the protection of the safety and health of the residents of the city.
  7. The commissioner may call a public hearing for the purpose of securing information relevant to subsections (A)a.1. through (A)a.6. of this section. A Class F license may contain such limiting conditions and restrictions which the commissioner deems necessary or desirable in order to minimize any potential safety hazard or noise effecting neighbors or the general public.

(B) Class F license: Notwithstanding any other provision of this code, it shall be unlawful for any retail liquor licensed to serve or allow to be consumed alcoholic liquor at an outdoor eating, drinking or seating area without first obtaining a license as provided herein. Class F liquor licenses shall be a supplementary license permitting the sale of alcoholic liquors in an outdoor eating, drinking or seating area (i.e. open air cafe, patio, etc.) located adjacent to and operated by and in conjunction with an otherwise licensed premises subject to the following:

  1. Only those licensees holding a Class A or Class B liquor license shall be eligible to apply for, receive and hold a Class F license, which allows for the sale and consumption of alcoholic liquor on-premises. Only those alcoholic liquors lawfully licensed to be sold and consumed in the adjacent licensed premises may be sold and/or consumed in the outdoor eating, drinking or seating area. All other provisions of the Farmington City Code pertaining to the respective Class A or Class B liquor license shall apply to the Class F licensed area unless otherwise provided herein. (Ordinance 2015-22 08/03/15)

CLASS G LICENSE: Class G license shall authorize the retail sale of beer and wine on the premises of such licensee only for consumption in a defined, separated, and clearly marked portion of the premises as specified in the license; provided, that the issuance of a Class G license shall be restricted to establishments which offer food, such as sandwiches, snacks, and light meals, for consumption in and on defined, separated, and clearly marked portion of the premises in conjunction with video gaming as authorized by and licensed under the Illinois video gaming act and licensed by the Village. No persons under the age of twenty one (21) years shall be permitted to be or remain in the defined, separated, and clearly marked portion of the premises for which the Class G license applies. If the establishment holds a liquor license that allows the establishment to sell at retail alcoholic liquors in packages and not for consumption on the premises where sold, the establishment shall be required to obtain a separate Class G license and pay the separate applicable license fee for the Class G license. The annual fee for such license shall be $700.00 per year. The person holding a Class G shall sell such alcohol only on Monday through Sunday from the hours of six o‘clock (6:00) a.m. to one minute after twelve o’clock (12:01) a.m. on the following day.

3-2-7:               CONSUMPTION ON PREMISES: It shall be unlawful for anyone not having a license to proffer, sell or offer for sale any alcoholic liquor for consumption on the premises where sold, or to permit the same to be consumed on the premises where sold.

3-2-8:              TRANSFER OF LICENSE: A license shall be purely a personal privilege, good for not to exceed one year after issuance unless sooner revoked as in this Chapter provided, or until the expiration date shown on the license, whichever is sooner, and shall not be subject to attachment, garnishment, or execution, nor shall it be alienable or transferable, voluntarily or involuntarily, or subject to be encumbered or hypothecated. Such license shall not descend by the laws of intestate succession or by will or other similar instrument, but it shall cease upon the death, insolvency, bankruptcy, or dissolution of the licensee, except that the executor or administrator of any deceased licensee or the trustee of any insolvent or bankrupt licensee, when such estate consists in part of alcoholic liquor, may continue the business or sale of alcoholic liquor under order of the appropriate court, and may continue to exercise the privileges of the deceased or insolvent or bankrupt licensee after the death of such decedent, or such insolvency or bankruptcy, until the expiration of such license, but no longer than six (6) months after the death, bankruptcy, or insolvency of such licensee. No refund shall be made of that portion of the license fees paid for any period in which the licensee shall be prevented from operating under such license in accordance with the provisions hereof. The sale or transfer of stock in a corporation licensee or the sale or transfer of ownership interests in a limited liability company, partnership, or limited partnership licensee such that voting control of such entity is controlled by a different person or entity at the time the license was applied for, shall constitute alienation or transfer of the license which is prohibited by this section.

3-2-9:               LICENSE REVOCATION: The Mayor of the City may suspend or revoke any license issued hereunder for any one or more of the following reasons:

(A)       Violation of the laws of the State of Illinois, or any of the provisions of this Chapter, including, but not limited to, the provisions of Section 3-2-16.

(B)       The willful making of any false statement as to a material fact in the application for a license.

(C)       Permitting any disorderly or immoral practices upon the premises where the licensee is licensed to sell alcoholic beverages. (Ord 74-6)

(D)       Nudity and Sex Related Acts Prohibited:

  1. Certain Forms of Nudity Prohibited: It shall be unlawful for any license under this Chapter to suffer or permit any person to appear on the licensed premises, or in any area which can be viewed from the premises, in such manner or attire as to expose to view any portion of the pubic area, anus, vulva or genitals, or any simulation thereof, nor shall suffer or permit any female to appear on the licensed premises in such manner or attire as to expose to view any portion of the breast below the top of the areola or simulation thereof.
  2. Certain Acts Prohibited: It shall be unlawful for any licensee under this Chapter to suffer or permit any person to perform on the premises, or in any areas which can be viewed from the premises, acts or acts which simulate:
    • (a) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law.
    • (b) The touching, caressing, or fondling of the breasts, buttocks, anus, or genitals.
    • (c) The displaying of pubic hair, anus, vulva or genitals.
    • (d) To permit any person to remain in or upon the licensed premises who commits any acts described above or allows another person to commit upon his or her body any of the acts above described.
  3. Showing of Certain Films, Pictures Prohibited: It shall be unlawful for any licensee under this Chapter to suffer or permit the showing on the premises, or in any area which can be viewed from the premises, of film, still pictures, electronic reproduction, or visual reproductions depicting:
    • (a) Acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law.
    • (b) Any person being touched, caressed, or fondled on the breast, buttocks, anus or genitals.
    • (c) Scenes wherein a person displays the vulva or the anus or the genitals.
    • (d) Scenes wherein artificial devices or inanimate objects are employed to depict, or drawings, are employed to portray any of the prohibited activities described above.
  4. Penalty: In addition to possible license revocation or suspension, any person who shall violate any of the provisions of this Chapter 2 shall be guilty of a misdemeanor. A person who is convicted shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than seven hundred fifty dollars ($750.00).

3-2-10:             REFUNDS: No refund shall be given or allowed to any licensee for the surrender or nonuse of said license.

3-2-11:             NUMBER OF LICENSES ISSUED: There shall be a limit of eight (8) licenses for Class A. There shall be a limit of three (3) licenses for Class B. There shall be a limit of six (6) licenses for Class C. Only two (2) Class D licenses per organization or licensee shall be issued per calendar year (January-December). There shall be a limit of one (1) license for Class E. There shall be a limit of Three (3) licenses for Class G.

3-2-12:             REPORTS TO LIQUOR COMMISSIONER:  It shall be the duty of every licensee of a license granted under this chapter to report to the Liquor Control Commissioner any act of gambling, fighting, violence or disorderly conduct or any other violation of City ordinances or State law, including, but not limited to, any violation of the Smoke-Free Illinois Act (410 ILCS 82/1) committed upon the licensed premises or any part thereof, in writing to the Liquor Control Commissioner, within twenty-four (24) hours of the commission of any of the aforesaid acts.  Such report shall include the date and time of the event reported, the names of the parties involved, a description of the acts, conduct, or occurrence reported, and what action, if any, was taken by the licensee, or agents thereof to control or evade the acts, conduct or occurrence.(Ord. 2010-10 5/3/10)

3-2-13:             CLOSING TIME: Every licensee hereunder, except licensees holding only a Class C license, within thirty (30) minutes after the serving time specified by the class of license held by licensee, shall vacate the premises of all patrons and shall further close and lock every entrance to the premises which may be used by patron of licensee. The premises shall remain closed and locked to the public until the commencement of serving time permitted hereunder for the following day, excepting only such provisions as any be reasonably necessary for agents, employees and suppliers of licensee. The exception to the closing time will be on New Year’s Eve when the closing time shall be one hour later than the closing time specified by the class of license (excluding Class C) and within thirty (30) minutes after the extended closing time allowed by this exception shall vacate the premises of all patrons and shall further close and lock every entrance to the premises which may be used by patrons of the licensee.  Should the local Liquor Commissioner or his appointee, have reason to believe that any continued operation of a particular licensed premises will immediately threaten the welfare of the Farmington community he may, upon the issuance of a written order stating the reason for such conclusion and without notice or hearing, order the licensed premises closed for not more than the remainder of the business day through closing time, giving the licensee an opportunity to be heard within seven (7) days thereafter, should any of the following conditions exist or occur, or continue on the following business day.

  1. Should there be more than one (1) disturbance call for disorderly conduct, or fighting in or on the premises in any given eight (8) hour period.
  2. Should there be more than one (1) documented incident relating to excessive noise complaint emitting from the premises in any given eight (8) hour period.
  3. Repeated sale of alcohol to underage person / persons within the same eight (8) hour period.
  4. Failure of the license holder or an employee of the license holder to cooperate with local law enforcement’s efforts to investigate any incident occurring on or in the premises of the license holder.
  5. Denying local law enforcement and or the liquor commission authorities to enter at any time upon the premises to determine whether any provision of the liquor control act has been violated.

3-2-15:             VIEW OF PREMISES: The interior of any premises licensed to sell alcoholic liquor or beverages shall be exposed to an unobstructed view from the exterior of the premises and an unobstructed view of the interior thereof shall be constructed by the use of non transparent glass or of a shade, blind, shutter, screen, merchandise, or any other article placed within or without the building, in which the room or rooms are located. Any licensed premise so constructed as to not have any window allowing a clear and unobstructed view of the interior shall have a clear and unobstructed view from any door or foyer entrance used to enter the room or rooms within the building where there is alcoholic liquor or beverages dispensed.

3-2-16:             UNLAWFUL ACTS BY OR FOR MINORS: It shall be unlawful for a person under the legal age for purchasing alcohol to consume any alcoholic beverage or liquor to enter any premises licensed for the sale of alcoholic beverages or liquor for the purpose of purchasing, or having served or delivered to him/her any alcoholic beverage or liquor. The possession, dispensing or consuming of alcoholic liquor in the performance of a religious ceremony by a minor is not prohibited by this Section.

(A)       Consumption; Purchase: Possession: It shall be unlawful for a person under the legal age for purchasing alcoholic beverages to consume any alcoholic beverage on premises licensed for the retail sale of alcoholic beverage, or to purchase, attempt to purchase or have another purchase for him/her any alcoholic beverage. It shall be unlawful for a minor to consume or possess any alcoholic beverage.

(B)       Unlawful to Purchase Alcoholic Beverage for Minors: It shall be unlawful for any person to enter any premises licensed for retail sale of alcoholic beverage for the purpose of purchasing, or to purchase alcoholic beverages, for another person who does not because of his/her age, have the right to purchase and consume alcoholic beverages.

(C)       Proof of Age; Misstating Age: It shall be unlawful for a person to misrepresent or misstate his/her age or the age of any other person for the purpose of inducing any retail licensee to sell, serve, or deliver any alcoholic beverage to a person under the age to purchase alcoholic beverages.

(D)       Presence of Minors Restricted: No liquor licensee shall allow an individual under the age of twenty-one (21) years to enter or remain on the premises for which a liquor license is held unless:

  1. Said person under twenty-one (21) years of age is with his/her parent or legal guardian.
  2. The sale of liquor comprises less than forty percent (40%) of the volume of said licensee’s business at said premise or the licensee holds only a Class C license.

3-2-17:            SIDEWALK RESTAURANTS AND CAFES:

(A) These standards and procedures are adopted to encourage appropriate outdoor activities on public sidewalks in the central business district; to ensure that the space used for outdoor dining on public sidewalks will serve a public purpose; to establish a procedure to obtain permission to operate an outdoor dining facility; and, to ensure adequate space for pedestrians to traverse the sidewalk adjacent to outdoor dining facilities.

(B) Definitions.  The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

  • Sidewalk restaurant or cafe. An outdoor dining area located on a public sidewalk where patrons may consume food and/or beverage provided by an abutting food service establishment. Such establishments may provide table service in the outdoor dining area or provide take-out items to be consumed in the outdoor dining area. This article shall not apply to outdoor dining on private property.

(C) General provisions.

  1. Permit required. Outdoor dining on a public sidewalk shall be allowed only in the central business district, and only pursuant to the issuance of a sidewalk cafe license.
  2. Permitted locations. Outdoor dining may be permitted on the public sidewalk immediately adjacent to the building of the licensee, or immediately adjacent to the street curb fronting the building of the licensee at the discretion of the licensee and the approval of the City Administrator. An unobstructed continuous pedestrian pathway measuring no less than four feet in width shall be provided between the street curb and the dining area or, in the alternative, between the dining area and the licensee’s building.
  3. The licensee shall provide trash receptacles with covers for the deposit of waste paper and trash to prevent the littering of the public sidewalks and streets.
  4. Licensees shall not drill any holes in the public sidewalk nor affix any railing, fixture, partition or furniture to the public sidewalk, nor to any adjacent city railings or planters.
  5. All chairs, railings, partitions, trash receptacles, umbrellas, portable heaters and other equipment (except for tables) will be removed from the public sidewalk when the licensee is not open for business.
  6. No signs or other forms of advertising other than permitted by 04-08-04 of the Farmington City Code are permitted.
  7. Lighting shall be restricted to illuminate the outdoor dining area only and will be positioned so that it will not interfere with vision of pedestrians, motorists or other neighboring businesses. Lighting fixtures shall compliment the established streetscape design and shall be approved by the City Administrator.
    • (a) If alcoholic beverages are served at the sidewalk café, the operator must be validly licensed under this code for such sales. Alcoholic beverages supplied by the customer or by any person other than the permittee will not be allowed at sidewalk cafés.

(D) Application procedure. In addition to the requirements of Section 3-2-6, the following regulations shall apply to sidewalk cafés and sidewalk restaurants.

  1. Applications for a sidewalk cafe license shall be filed with the City Administrator on a form provided by the Administrator. The application shall be signed by the owner of the property adjacent to the public sidewalk which is the site of the proposed sidewalk cafe or his designated agent. The application shall include a site plan, drawn to scale and fully dimensioned, which accurately depicts the location, height, nature and extent of all proposed improvements and objects within the proposed sidewalk cafe area. All fixed features such as tree wells, sign posts, parking meters, and fire hydrants located within 20 feet of the proposed sidewalk cafe area shall be depicted on the site plan.
  2. The City Administrator shall review the application considering public safety issues unique to pedestrian and vehicular needs of the specific location for which the license is required. The City Administrator may deny a license or revoke an existing license if he determines that the license is detrimental to public health, safety or welfare. The decision of the City Administrator may be appealed to the Mayor and City Council whose decision shall be final.
  3. Indemnification. The license shall not be issued until such time as the applicant has filed an indemnification agreement with the city agreeing to defend, indemnify, and hold the city and its employees harmless from and against any loss or damage arising from the use or existence of the improvements authorized by the license.
  4. Insurance. The applicant shall obtain and maintain in force a comprehensive general liability broad form property damage and blanket contractual single limit amount, per claim and aggregate, of not less than $1,000,000.00 covering the licensee’s operations on the sidewalk. Such insurance shall name on a special endorsement form, the city, its elected and appointed officials, agents and employees as additional insureds. A certificate of insurance shall contain provisions that prohibit cancellations, modifications or lapses without 30 days prior written notice to the city.

(E) Development Standards

  1. Physical Boundaries. The operator of a sidewalk café shall install and maintain a physical boundary separating the permitted outdoor seating from the remainder of the public way. The entrance is the only part of the perimeter that may be open to the public way. The operator shall leave four feet of public way unobstructed for pedestrian passage; the City Administrator may alter this requirement by regulation in a situation where adherence to the requirement would make operation of a sidewalk café impossible and reduction of the unobstructed portion of the public way would not compromise pedestrian safety. The construction, configuration and other characteristics of the boundary, including landscaping, shall be set forth by regulation.
  2. Setbacks from corners, streets and alleys. When an outdoor dining area is located at a street corner, a ten-foot setback from the corner of the building shall be maintained along both frontages. When an outdoor area is located adjacent to a driveway or alley, a five-foot setback shall be maintained from the driveway or alley. These requirements may be modified at the discretion of the City Administrator in locations where unusual circumstances exist and where public safety would not be jeopardized.
  3. Extension to adjacent properties. Subject to the approval of the City Administrator, an outdoor dining area may extend onto the sidewalk in front of an adjacent business with the written consent of both the adjacent business owner and the property owner.
  4. No barrier shall be required if the applicant proposes to limit the outdoor dining area to one row of tables and chairs abutting the wall of the establishment, and if no alcohol will be served.  Barriers should compliment the building facade as well as any street furniture and be somewhat transparent, and shall be able to withstand inclement weather.  Barriers shall conform to the City Administrator installation standards and be removable. Barriers shall be capable of being removed through the use of wheels that can be locked into place or weighted bases.  The height of any barrier shall not exceed three feet six inches.
  5. Awnings and umbrellas. The use of awnings over outdoor dining areas and removable table umbrellas may be permitted provided they do not interfere with street trees. No portion of an awning shall be less than eight feet above the sidewalk, and no portion of an umbrella shall be less than seven feet above the sidewalk. Awnings may extend up to five feet from the building front or cover up to 50 percent of the outdoor dining area, whichever is less. Awnings shall have no support posts located within the public right-of-way. A building permit must be obtained prior to the installation of an awning.
  6. Lighting. Outdoor lighting fixtures should compliment the streetscape and the style of the building if consistent. The lighting fixtures shall not be glaring to motorists or pedestrians on the adjacent right-of-way, and shall illuminate only the outdoor dining area. Outdoor lighting may be installed on the facade of the building. Electrical wires shall not be permitted in the public right-of-way. Lighting shall be installed by a licensed electrician under an electrical permit from the department of community services. Battery operated lamps or candles will be permitted.
  7. The design, material and colors used for chairs, tables, umbrellas, awnings, and other fixtures should compliment the architectural style and colors of the building facade and street furniture.
  8. Signs. Notwithstanding any other provision of the Farmington City Code, signs and logos shall be permitted on umbrellas in outdoor dining areas.
  9. Heaters. Portable propane heaters shall be allowed within the outdoor dining area.

(F) Violations/remedy.

  1. In the event that a licensee fails to abide by the provisions of this article, or the terms and conditions of a sidewalk cafe license, the City Administrator may summarily abate any encroachment or improvement that is in violation of this article. The licensee or property owner shall pay all costs incurred by the city in abating the encroachment or improvement. In addition to, or in lieu of, the issuance of an order to abate by the City Administrator, the Administrator may issue a written warning to the licensee for a first violation of this article; a fine not to exceed $500.00 for a second or subsequent violation of this article; and, the revocation of the licensee’s license for a third or subsequent violation of this article.

(G) Miscellaneous

  1. Inspections. The City Administrator may inspect improvements within the public right-of-way at any time without notice to the licensee.
  2. No alterations. The floor of the outdoor dining area shall be maintained at the same level as the sidewalk, and no alterations to the sidewalk, or coverings on the sidewalk such as borings for recessed sleeves shall be installed.
  3. Disabled access. The outdoor dining area shall be accessible to the disabled and buildings adjacent to these dining areas shall maintain the building egress consistent with disabled access standards.
  4. Management. The restaurant management shall operate the outdoor dining area in compliance with the terms and conditions of this permit and shall not delegate or assign that responsibility. The licensee shall insure that sidewalk cafe or restaurant patrons do not pass alcoholic beverages to passersby, do not disturb persons on the adjacent right-of-way by loud, boisterous and unreasonable noise, offensive words or disruptive behavior and do not leave the sidewalk café or restaurant area with any alcoholic beverage.
  5. Maintenance. The restaurant management shall keep the outdoor dining area clear of litter, food scraps and soiled dishes and utensils at all times. At the end of each business day, sidewalk cafes are required to clean, sweep and wash the entire sidewalk in and around the outdoor dining area and remove the debris to a closed receptacle. No debris shall be swept or washed into the sidewalk gutter or street. If disposable materials are used, the establishment shall comply with all applicable city recycling programs. Awnings and umbrellas shall be washed whenever they are dirty, and in any event no less than two times each year. Private trash receptacles shall be emptied daily.
  6. Surface Maintained. The sidewalk shall be kept free of standing water, maintained in good repair and kept free from material defects that may present a hazard to life or property.
  7. Furniture removal. When the establishment stops serving for the day and patrons already seated in it leave, further seating in the outdoor dining area shall be prohibited. Outdoor dining furniture shall be removed from the right-of-way.
  8. Plants. Plants shall be properly maintained and stressed or dying plants shall be properly replaced. Because plant fertilizers contain material that can stain the pavement, water drainage from any plant onto the adjacent sidewalk shall not be allowed. Potted plants shall have saucers or other suitable systems to retain seepage and be elevated to allow for airflow of at least one inch between saucers and sidewalk.
  9. All sidewalk restaurant and café Class F license holders shall have a reasonably substantial structure across which alcoholic liquor shall be served which shall afford bartenders reasonable protection from patrons, unless the outdoor facility is serviced directly from the indoor licensed premises.
  10. Each and every owner, operator and/or manager licensed to sell alcoholic liquors in an outdoor eating, drinking or seating area shall provide regular, diligent and effective management and employee oversight and control of such outdoor eating, drinking or seating area to assure compliance with the provisions of this Chapter and the Code of Ordinances of the City of Farmington, Illinois.

Termination. Upon termination of the sidewalk cafe license, the licensee shall immediately remove the barriers from around the outdoor dining area, return the sidewalk to its original condition, and remove all personal property, furnishings and equipment from the sidewalk. Any personal property remaining on the premises shall be removed pursuant to the laws of the State of Illinois and the City Code of the City of Farmington. (Ordinance 2015-22 08/03/15).

Billiards, Pool and Bowling Alleys

SECTION:

3-5-1:License Required
3-5-2:Bond
3-5-3:Application for License
3-5-4:Issue of License
3-5-5:Fees
3-5-6:Bowling Alleys, Frontage Consent
3-5-7:Gambling Prohibited
3-5-8:Closing Hours
3-5-9:Obstructions to View
3-5-10:Inspection By Police

3-5-1:               LICENSE REQUIRED: No person shall have, keep or conduct for profit within the City any billiard or pool table, bowling or pin alley and ball alley, without first obtaining a license therefore as herein after provided. *1 (R.O. 1911, Sec. 62)

3-5-2:               BOND: Before any license under this Chapter is granted, the applicant or                           applicants therefore shall execute a bond, payable to the City in the penal sum for four hundred dollars ($400.00), with surety, conditioned that the person or persons to whom such license is granted shall observe all provisions of the Code, regulating or relative to such business so licensed, and pay all fines assessed for the violation of said provisions, which bond shall be approved by the Council and filed with the Clerk before the issuance of such license. (R.O 1911, Sec. 63)

3-5-3:               APPLICATION FOR LICENSE: Any person desiring to have, keep or conduct any billiard or pool table or any bowling or pin and ball alley for profit in the city, and desiring to be licensed under the provisions of this Chapter, shall make written application for such license to the Council, setting forth in such application the full name of the applicant and the place at or in which such billiard or pool table or bowling or pin and ball alley is to be kept, used or operated, and the name and residence of the surety or sureties offered on the required bond. (R.O. 1911, Sec 64)

3-5-4:               ISSUE OF LICENSE: Upon the approval and granting by the Council of any such license and upon the giving of sufficient bond and the payment by such applicant to the Clerk of the required license fee, a license may be issued to such applicant. Such license shall be signed by the Mayor and attested by the Clerk and shall authorize the keeping, conducting or operating of such billiard or pool table or tables, or such license. (R.O. 1911, Sec. 65)

3-5-5:               FEES: The following fees shall be charged for the licenses provided for in this Chapter:

Billiard or pool tables
First table, per year$20.00
Each additional table, per year5.00
(Ord. 261; 1-4-37)
Bowling, pin and ball alley
First alley, per year20.00
Each additional alley, per year5.00
(Ord. 255; 12-1935)

All licensed shall be paid quarterly in advance. (Ord. 235; 5-1-33)

3-5-6:               BOWLING ALLEYS, FRONTAGE CONSENT: It shall be unlawful for any person to keep, use or operate any bowling or pin and ball alley or alleys in any building, structure or place located upon any street or alley in the city in any block in which two-thirds (2/3) of the buildings on both sides of the street in such block between the two (2) nearest interesting streets are used exclusively for residence purposes without the written consent of a majority of owners of the property, according to frontage, on both sides of such street or alley between such intersecting streets. Such written consent shall accompany the application made to the Council for a license. (R.O. 1911, Sec 67)

3-5-7:               GAMBLING PROHIBITED: DELETED (ORDINANCE 2012-11, 08/06/12) SEE ORDINANCE  3-1-20

3-5-8:               CLOSING HOURS: All billiard or pool rooms and bowling or pin and ball alleys shall be closed by twelve o’clock (12:00) midnight of each day and shall be kept closed until six o’clock (6:00) a.m. of the next day following, and no games shall be allowed during such time. No games shall be permitted in any billiard hall, poolroom or bowling or pin and ball alley until after the hour of twelve thirty o’clock (12:30) p.m. on Sunday. (Ord. 269; 11-1-37)

3-5-9:               OBSTRUCTIONS TO VIEW: No keeper of any billiard room or hall or of any of the other rooms or places enumerated in this Chapter shall have any painted windows, curtains, screens, or other device, to prohibit or hinder anyone form seeing into any part of said room at all hours of the day or night, either week day or Sunday. Every person guilty of the violation of this Section shall be subject to a fine of not less than five dollars ($5.00) nor more than fifty dollars ($50.00) for each offense, and a penalty of not less than ten dollars ($10.00) for each and every day the said painted windows, curtains, screens, or other device or either of them, are left to the obstruction of seeing anyone. (R.O. 1911, Sec. 71)

3-5-10:             INSPECTION BY POLICE: Every room or place kept open by virtue of a license under this Chapter, shall be subject to inspection by the Chief of Police or any police officer, at any time such Chief of Police or police officer may deem it necessary to go into the same, and any person or persons hindering, resisting, opposing, or attempting to hinder, resist or oppose the Chief of Police or such police officer, while he may go into or attempt to go into such room or place, shall forfeit and pay a fine of not less than ten dollars ($10.00) nor more than twenty five dollars ($25.00). (R.O. 1911, Sec. 72)

  1. S.H.A. Ch. 24, 11-42-2

Peddlers, Solicitors

SECTION:

3-6-1:License Required
3-6-2:Application for License
3-6-3:License Fees
3-6-4:Penalties

3-6-1:               LICENSE REQUIRED: It shall be unlawful for any person to hawk or peddle any goods, wares or merchandise or other article or thing of value within the City without having first obtained a license for so doing, or to sell or offer for sale any such goods, wares or merchandise or other articles or things of value, contrary to the terms of the license required herein. Any person who shall sell or offer for sale, barter or exchange any goods, wares of merchandise, or other article or thing of value, at any place in, upon or along or through the streets, alleys or other public places in the city, and by traveling from place to place or occupying some temporary or enclosed stand or place of business shall sell or offer for sale any such goods, wares or merchandise or other article or thing of value shall be deemed a hawker or peddler within the meaning of this Chapter. Provided that this shall not be construed as applying to farmers, fruit and vine growers and gardeners selling the produce of his farm, orchard or garden, within the corporate limits of the City, nor shall it apply to persons having regular places of business within the City for sale of meats, fruits and vegetables or baking goods, nor to regular commercial travelers employed by wholesale houses, selling merchandise to regular commercial travelers employed by wholesale houses, selling merchandise to regular dealers within the City. *1 (Ord. 238; 6-6-36)

Central Illinois based charitable organization fundraisers where youth members                 are the fundraisers or the beneficiary of the fundraiser.

Other sales where there is a “sale” only of incidental new merchandise coupled with a contribution sought.

No person shall hawk or peddle as described in this Section between the hours of 8:00 p.m. and 7:00 a.m.  (ORD 2006-10 4/17/06.)

3-6-2:               APPLICATION FOR LICENSE: Every application for a peddler’s license shall state definitely the article or articles to be sold, the proposed manner of selling, and the person licensed shall be limited to the articles and mode of sale stated in his application, and shall be protected no further by his license. (R.O. 1911, Sec. 295)

3-6-3:               LICENSE FEE: Any peddler or solicitor applying for a license shall pay a license fee of one hundred dollars ($100.00) for one day and fifty dollars ($50.00) a day for each consecutive day thereafter, except no license shall be granted for any items or articles which are prohibited by law to be sold. All license fees shall be paid in advance of the issuance of the license. Upon payment of the above stated fees, the City Clerk or in their absence the Deputy City Clerk shall execute and issue said license.

If the peddler or solicitor as an individual or employee of a business entity is registered with the Illinois Department of Revenue, and is subject to the collection and remittance of sales tax, the above stated fee shall be a one time charge of fifty dollars ($50.00) when a copy of said registration is provided with the application for license. (ORD 2006-10 4/17/06.)

3-6-4:              PENALTIES: Any person or entity that violates the provisions of this Chapter shall be fined not more than $500.00 per occurrence.  (ORD 2006-10 4/17/06.)

  1. Not available

Itinerant Merchants

SECTION:

3-7-1:License Required
3-7-2:Application; Fee
3-7-3:Penalties

3-7-1:               LICENSE REQUIRED: No person, being an itinerant merchant or transient vendor of merchandise, shall temporarily establish or open up a place of business in this City, for the purpose of selling, bartering or exchanging any goods, wares or merchandise, or other valuable thing, without first having secured a license therefore, as herein provided. *1 (R.O. 1911, Sec. 297)

Central Illinois based charitable organization fundraisers where youth members are the fundraisers or the beneficiary of the fundraiser.

Other sales where there is a “sale” only of incidental new merchandise coupled with a contribution sought.

No itinerant merchant or transient vendor as described in this Section shall sell merchandise between the hours of 8:00 p.m. and 7:00 a.m. (ORD 2006-11, 4/17/06).

3-7-2:              APPLICATION; FEE: Every person desiring to engage in business as an itinerant merchant or transient vendor of merchandise as herein provided, within this City, to the Mayor, through the City Clerk, setting forth the character of business to be carried on, the place where such business is to be conducted, and the length of time it is intended to conduct said business; said application shall be signed by the person making the same, or if by a corporation, by its duly authorized agent; upon approval by the Mayor of such application, the City Clerk shall issue said license upon payment of the license fee at the following rate:

First Day$100.00
Each Day thereafter, per day50.00

If the itinerant merchant or transient vendor as an individual or employee of a business entity is registered with the Illinois Department of Revenue, and is subject to the collection and remittance of sales tax, the above stated fee shall be a one time charge of fifty dollars ($50.00) when a copy of said registration is provided with the application for license. (ORD 2006-11, 4/17/06).

3-7-3:              PENALTIES: Any person or entity that violates the provisions of this Chapter shall be fined not more than $500.00 per occurrence. (ORD 2006-11, 4/17/06).

  1. S.H.A. Ch. 24, 11-42-5

Miscellaneous Licenses

SECTION:

3-8-1:Miscellaneous Licenses
3-8-2:Cigarettes
3-8-3:Photographers (Rep. by Ord 82-1, 1-4-82, eff. 4-30-82)
3-8-4:Coin-Operated Shuffleboards
3-8-5:Coin-Operated Jukeboxes

3-8-1:               MISCELLANEOUS LICENSES: It shall be unlawful for any person to engage in or carry on any business, occupation or pursuit hereinafter mentioned, within the limits of the City, without first having obtained a license therefore, in the manner provided in this Code; and there shall be taxed and collected for issuing and registering each license, payable strictly in advance, the following license fees:

Canvassers of books, maps or other publications or articles,
per month$5.00
per day1.00
Vendors of patent medicines, or any patent invention
or any article or invention of any kind, sold on the streets
or in public places,
per day$3.00
Bill posters, per annum$5.00
Auctioneers, per annum$10.00
For a shorter period than one year, per day2.00
Peanut, pop, lemonade, fruit, fish, hamburger or candy stands,
when not engaged in as a regular business or avocation in
some building kept for such purpose,
per day$2.00
Baby racks or stands, spindle wheels, cane, knife or pin racks,
paddle games or any similar devices or means whereby
articles are sold by means of numbers, characters or
the like, the specific articles being unknown to the purchased,
when not engaged in as incident to a regularly established
business in some building,
per day$2.00
Clairvoyants, fortunetellers or palmists,
per day$5.00
per week20.00
Shooting galleries, per annum$25.00
For a shorter period than one year, per day1.00

Provided, no license for the conducting of any shooting gallery or place for target shooting shall authorize the firing of any gun or firearm within the city in violation of any provision of this Code, nor shall any license issue for the establishment of any such shooting gallery in any alley of the City, or in or upon any place not being within a substantial building, nor under any circumstances when it shall appear to the Mayor that die safeguards and precautions have not been taken for the safety and protection of life and property  *1 (R.O. 1911, Sec. 229)

3-8-2:               CIGARETTES:

(A)       Any person desiring a license to sell cigarettes in the city shall make written application for that purpose to the Mayor, in which shall be set forth the full name of the applicant and the location at which such sales are proposed to be made. Such application shall be accompanied by evidence that the applicant, if an individual, and the person or person in charge of the business, if a corporation, are persons of good character and reputation, and if the Mayor shall be satisfied that such persons are of good character and reputation and are suitable persons to be entrusted with the sale of cigarettes, he shall cause the Clerk to issue a license to such applicant upon the payment to the Clerk of a license fee of twenty dollars ($20.00) per annum. Provided, however, that nothing herein contained shall be held to authorize the sale of cigarettes containing opium, morphine, jimson weed, belladonna, strychnine, cocaine, or any other deleterious or poisonous drug or drugs.

Such license shall authorize the person therein named to expose for sale, sell or offer for sale cigarettes at the place designated therein. (R.O. 1911, Sec. 211; amd. Ord. 166, 11-1-20; Ord. 427; 6-2-58)

(B)       It shall be the duty of the Commissioner of Health, and he is hereby authorized and empowered, from time to time to inspect and examine all places where cigarettes are licensed to be sold within the City, with a view of ascertaining whether the laws of the State of Illinois and provisions of this Code, in relation to the sale of cigarettes, are being complied with at such places, and it shall be his duty to cause all such laws and provisions to be vigorously enforced; and it shall be the duty of all person licensed to sell cigarettes within the City, upon demand of the Commissioner of Health, to furnish to said Commissioner for his inspection a sample of all cigarettes sold or offered for sale by them, which sample of cigarettes shall be analyzed by or under the direction of said Commissioner of Health, and a record of such analysis shall be made and kept in his office for the inspection of the public. (R.O. 1911, Sec. 212)

(C)       No person shall hereafter keep for sale or give away, or sell or give away, any cigarettes at any place within the City, without having first procured the license as above provided. (R.O. 1911, Sec. 213)

(D)       No person shall expose for sale, sell, or offer for sale to any person directly or indirectly, within the City, any cigarette or cigarettes containing opium, morphine, jimson weed, belladonna, strychnia, cocaine, or any other deleterious or poisonous drug or drugs. (R.O. 1911, Sec. 214)

3-8-3:               PHOTOGRAPHERS: (Rep. by Ord. 82-1, 1-4-82, eff. 4-30-82)

3-8-4:               COIN-OPERATED SHUFFLEBOARDS: For the purpose of providing the regulation and licensing of coin-operated shuffleboards, where such coin-operated shuffleboard is given for gain for which the public is required to pay a fee to operate, it shall be unlawful to operate such a mechanical device without first having obtained a license for its operation, and the license fee shall be twenty five dollars ($25.00) per year. *2 (Ord. 369, 1952)

No bond shall be required from any applicant for a license under this Section. (Ord. 427, 6-2-58)

3-8-5:               COIN-OPERATED JUKEBOXES: For the purpose of providing for the regulation and licensing of coin-operated jukeboxes where such coin-operated jukebox is given for gain for which the public is required to pay a fee to operate, it shall be unlawful to operate such a mechanical device without first having obtained a license for its operation, and the license fee shall be twelve dollars ($12.00) per year. *3 (Ord. 370; 1952)

No bond shall be required from any applicant for a license under this Section. (Ord. 427; 6-2-58)

  1. S.H.A. Ch. 24, 11-42-1 amd. 1965m and 11-42-5
  2. S.H.A. Ch. 24, 11-5-1
  3. Ibid.

Foreign Fire Insurance Companies

SECTION:

3-9-1:Tax Imposed
3-9-2:Agents to Report Receipts
3-9-3:Agents to Pay Tax
3-9-4:Company Not to Transact Business
3-9-5:Violation
3-9-6:Application of Tax or License Fee

3-9-1:               TAX IMPOSED: All corporations, companies and associations no incorporated under the laws of the State and which are engaged in the City in effecting or soliciting fire insurance, shall pay the Treasurer of City on or before July 15 of every year, a sum equal to two percent (2%) of the gross receipts of premiums received by such corporation, company or association, or their agency or agents, for business effected or transacted for fire insurance within the City for the year ending July 1 preceding said date. The sum above named shall be as a tax or license fee upon all such corporations, companies or associations transacting business within the City. *1 (R.O. 1911, Sec. 197)

3-9-2                AGENTS TO REPORT RECEIPTS: Every person acting as agent or otherwise for or upon behalf of any such corporation, company or association, shall on or before July 15 of each and every year, render to the Clerk a full true and just account, verified by oath, of all premiums which during the year ending on July 1, next preceding, shall have been received by him, or any other person for him, in behalf of any such corporation, company or association, and shall fully and specifically set out in said report the amount or amounts received as premiums for fire insurance. (R.O. 1911, Sec. 198)

3-9-3:               AGENTS TO PAY TAX: The agent shall also, at the time of the making of the above mentioned report, pay to the Treasurer the said sum of two percent (2%) upon the gross receipts of such corporation, company or association, obtained as premiums for effecting fire insurance in the City as is specified herein. (R.O. 1911, Sec. 199)

3-9-4:               COMPANY NOT TO TRANSACT BUSINESS: If such accounts be not rendered on or before the day herein designated for that purpose, or if the above mentioned rates for the said tax or license fee shall remain unpaid after that day, it shall be unlawful for any such corporation, company or association to transact any business of fire insurance in the City until the requirements hereof have been fully complied with’ nevertheless, this provision shall in no ways affect the validity of any risk that may be taken in violation thereof between such corporation, company or association and the person so insured. (R.O. 1911, Sec. 200)

3-9-5:               VIOLATION: If any such corporation, company or association fails to render the account or report herein designated by the say required by this Chapter, or if the above mentioned rates as a tax or license fee shall remain unpaid after the day designated, the city shall recover, in an action in its name, for its use, against such corporation, company or associations failing to make such report or pay such license fee or tax, the full amount of said license fee which would be due under the provisions hereof. (R.O. 1911, Sec. 201)

3-9-6:               APPLICATION OF TAX OR LICENSE FEE: Any and all sums so received under the provisions hereof shall form and constitute a fund to be kept separate by the Treasurer for the maintenance, use and benefit of the Fire Department of the City. (R.O. 1911, Sec. 202)

  1. S.H.A. Ch 24, 11-10-1.

Retailer’s Occupation Tax

SECTION:

3-10-1:Tax Imposed
3-10-2:File Report
3-10-3:Payment

3-10-1:             TAX IMPOSED: A tax is hereby imposed upon all person engaged in the business of selling tangible personal property at retail in this City at the rate of one percent (1%) of gross receipts form such sales made in the course of such business while this Chapter is in effect, in accordance with the provisions of Section 8-11-1 of the Illinois Municipal Code.

3-10-2:             FILE REPORT: Every such person engaged in such business in the City shall file on or before the last day of each calendar month, the report to the State Department of Revenue required by Section Three of “An Act in Relation to a Tax upon Persons Engaged in the Business of Selling Tangible Personal Property to Purchasers for Use of Consumption” approved June 28, 1933, as amended.

3-10-3:             PAYMENT: At the time such report is filed, there shall be paid to the State Department of Revenue the amount of tax is hereby imposed on account of the receipts form sales of tangible personal property during the preceding month. (Ord. 69-14; 8-4-69; eff. 10-1-69)

Service Occupation Tax

SECTION:

3-11-1:Tax Imposed
3-11-2:File Report
3-11-3:Payment

3-11-1:             TAX IMPOSED: A tax is hereby imposed upon all persons engaged in this Municipality in the business of making sale service at the rate of one percent (1%) of the cost price of all tangible personal property transferred by said servicemen either in the form of tangible personal property or in the form of real estate as an incident to a sale of service, in accordance with the provisions of Section 8-11-5 of the Illinois Municipal code.

3-11-2:             FILE REPORT: Every supplier or serviceman required to account for Municipal Service Occupation Tax for the benefit of this Municipality shall fine, on or before the last day of each calendar month, the report to the State Department of Revenue required by Section None of the “Service Occupation Tax Act”, approved July 10, 1961, as amended.

3-11-3:             PAYMENT: At the time such report is filed, there shall be paid to the State Department of Revenue the amount of tax hereby imposed. (Ord. 69-15; 8-4-69; eff. 10-1-69)

Amusements

SECTION:

3-12-1:Classification for License
3-12-2:License
3-12-3:Application for License
3-12-4:License Fees
3-12-5:Classes Mixed
3-12-6:Entertainment Defined
3-12-7:License to Comply
3-12-8:Revocation
3-12-9:Immoral Exhibitions Prohibited
3-12-10:Local Talent Excepted
3-12-11:Preserve Order
3-12-12:Obstructions on Aisles
3-12-13:Building Regulations

3-12-1:             CLASSIFICATION FOR LICENSE: For the purpose of providing for the regulation of licensing theatrical, dramatic, operatic, entertainment’s, shows, amusements and public exhibitions of every kind intended or calculated to amuse, instruct or entertain, where such entertainment’s, shows, amusements and exhibitions are given for gain or for admission to which the public is required to pay a fee, such entertainment’s, shows and exhibitions are divided into nine (9) classes as follows:

First Class: All entertainment’s of theatrical, dramatic, operatic, vaudeville or musical character.

Second Class: All circuses and menageries, caravans and Wild West Shows.

Third Class: All theatrical or dramatic entertainment’s, side show, concerts, vaudeville, minstrel or musical entertainment’s, given under a converging of canvas, or within any structure or enclosure intended for temporary use, and capable of easy transfer or removal.

Fourth Class: All exhibitions of moving pictures, known as mutoscope, kinetoscope, cinematograph or other like automatic or moving picture devices (other than those belonging to Class Nine as herein after set forth) or illustrated songs.

Fifth Class: All swings and all itinerant shows such as bid shows, galvanic batteries, lifting machines, blowing and striking machines and all other exhibitions, devices and performances given or performed, from place to place in the City.

Sixth Class: All merry-go-rounds, revolving wheels carrying passengers, slides, and all similar amusement devices, exhibitions, performances or entertainment’s.

Seventh Class: All roller skating rinks and similar amusement devices and places.

Eighth Class: When in any room, place, premises, or part thereof, any entertainment is carried on, conducted, or engaged in, of the kind commonly known as the mutoscope parlor, penny arcade or other place where entertainment is furnished through or by one or more automatic moving picture devices, or other similar devices.

Ninth Class: All exhibitions, performances, entertainments or amusement devices not included in any of the foregoing classes. (R.O. 1911, Sec. 48)

3-12-2:             LICENSE: No person, either as owner, lessee, manager, officer, or agent, or in any other capacity, shall give, conduct, produce, present or offer for gain or profit, any of the exhibitions, entertainment’s, or performances mentioned or included in any of the classes specified and defined above, at any place within the corporate limits of the City, without first having been issued a license for that purpose. *1 (R.O. 1911, Sec. 49)

3-12-3:             APPLICATION FOR LICENSE: Any person desiring to produce, present, conduct or offer, for gain or profit, any of the entertainment’s, exhibitions or performances mentioned or included herein, shall make application to the Mayor in writing, stating the full name of the applicant, description of the kind and class of entertainment he intends to offer, and the place at which it is desired to produce, present, conduct, or offer such entertainment, exhibition or performance. Upon the payment by such applicant to the Clerk of the license fee hereinafter specified for the particular class of entertainment such applicant desires a license for the production or presentation of, the Clerk shall issue a license authorizing him to produce, present, conduct, or offer the class of entertainment specified in such license, at the place described in such application and for the period of time specified in such license; provided, however, that if the place at which it is desired to offer such entertainment is not fit or proper place and not conducted or maintained in accordance with the provisions of this Code governing or controlling such places, or if the entertainment desired to be produced or offered be of an immoral, indecent or dangerous character, or if the person making application for license be not of good character, the Mayor may refuse to approve such application and no license shall be issued by the Clerk except upon the approval of the application therefore by the Mayor. (R.O. 1911, Sec. 50)

3-12-4:             LICENSE FEE: In any case where any person shall desire to produce, offer, present or conduct any entertainment mentioned or included in any of the classes herein before defined and specified, the license fee to be charged for each particular class of entertainment’s shall be as follows:

Second Class where admission fee
is 50 cents or more, per day
$25.00
Where maximum admission is
less than 50 cents, per day
15.00
Third Class, per day$5.00
per week15.00
(R.O. 1911, Sec 51)
Fourth Class, per 3 months apart thereof$25.00
(Ord. 316; 5-6-46)
Fifth Class, per day$2.00
(R.O. 1911, Sec. 51)
Sixth Class, per day$25.00
per week100.00
(Ord. 316; 5-6-46)
Seventh Class, per month$4.00
Eighth Class, per month$5.00
Ninth Class, per day or part thereof$2.00
(R.O. 1911, Sec. 51)

3-12-5:             CLASSES MIXED Where any entertainment, shoe, exhibition, performance or amusement enterprise embraces two (2) or more of he classes above specified, such entertainment, show, exhibition performance or amusement enterprise shall be classified and charged for as wholly belonging to that class for which the highest license fee is charged. (R.O. 1911, Sec. 52)

3-12-6:             ENTERTAINMENT DEFINED: The word “entertainment” wherever used in this chapter shall be taken to mean and include theatrical and other exhibitions, shows and amusements wherein or whereby any person or persons shall act, play or perform any play, opera or other dramatic or musical composition or give performance or any show or public exhibition for gain. (R.O. 1911, Sec. 53)

3-12-7:             LICENSE TO COMPLY: Every license granted under the provisions of this Chapter shall at all times be subject to the provisions of this Code so far as the same shall apply. (R.O. 1911, Sec. 54)

3-12-8:             REVOCATION: Every license granted under the provisions of this Chapter shall be subject to revocation by the Mayor at any time upon failure of any person obtaining the same, or any person in his employment to so conform to the provisions thereof. It shall be the duty of the Chief of Police or any policeman to report all violations of the holders of such license to the Mayor, and in case such license shall be revoked, to see to it that such place of amusement, entertainment, performance or exhibitions closed. (R.O. 1911, Sec. 57)

3-12-9:             IMMORAL EXHIBITIONS PROHIBITED: No person, whether licensed or not, shall give, produce, present, conduct or offer, either publicly or privately, with or without charging an admission fee, any indecent, immoral, lewd or impure play, exhibition, entertainment, performance, apparatus or production, or any play, exhibition, entertainment, performance, apparatus or production suggestive of anything indecent, immoral, lewd or impure, within the City. *2 (R.O. 1911, Sec. 57)

3-12-10:           LOCATE TALENT EXCEPTED: This Chapter shall not require the taking out of license or payment of license fees by citizens or residents of the City for the production of theatricals, musical entertainment’s, cantatas, lectures, church or band fairs, fireman fairs, balls, or like entertainment’s, where such entertainment shall be under the auspices of local organizations or person wholly or in greater part consisting of local talent, and for the benefits of religious, charitable or educational organizations, or where the proceeds of such entertainment shall go to the general fund for the maintenance of local organizations, churches, schools, bands, lodges, hospitals or for like purposes, such entertainment being produced only for a period not exceeding one week in any month by any one organization. (R.O. 1911, Sec. 58)

3-12-11:           PRESERVE ORDER: It shall be the duty of every proprietor or lessee of any theater of any theater or public hall, and of every person giving or conducting any show or amusement within the City, to preserve good order in and about his place of exhibition or amusement, and if necessary for that purpose, he shall employ at his own expense a sufficient number of special policemen. (R.O. 1911, Sec. 59) 3-12-12:           OBSTRUCTIONS IN AISLES: No chairs, stools, seats or obstructions of any description of any description shall be placed or permitted to remain in the aisles or passageways in any theater, hall or other public building when the same is occupied by the public or any audience. It shall be duty of the Chief of Police and all members of the Police Force to see that this Section is strictly observed; and in case of any violation thereof, to forthwith proceed to clear any obstructed aisle or passageway, and to arrest the offender or offenders. (R.O. 1911, Sec. 60)

3-12-12:           OBSTRUCTIONS IN AISLES: No chairs, stools, seats or obstructions of any description of any description shall be placed or permitted to remain in the aisles or passageways in any theater, hall or other public building when the same is occupied by the public or any audience. It shall be duty of the Chief of Police and all members of the Police Force to see that this Section is strictly observed; and in case of any violation thereof, to forthwith proceed to clear any obstructed aisle or passageway, and to arrest the offender or offenders. (R.O. 1911, Sec. 60)

3-12-13:           BUILDING REGULATIONS: No license for a motion picture theater shall be issued for any building or other enclosure:

(A) Which is occupied as tenement house, hotel, lodging house or residence.

(B) Where paints, varnished, lacquers or other highly inflammable materials are manufactured, stored or kept.

(C) Where rosin, turpentine, hemp, cotton, or any other explosives are stored or kept for sale.

(D) Which is situated within three hundred feet (300’) of the nearest wall of a building occupied as a school, hospital, garage, theater, motion picture theater or other place of public amusement or assembly, or which is within three hundred feet (300’) of any gasoline supply or service station; provided, however, that renewals of licenses may be granted where the motion picture theater in question was in operation prior to the opening or such school, hospital, garage, theater, motion picture theater or other place of public amusement or assembly, or such gasoline supply or service station, or has been in continuous operation under a licensee issued thereafter. (Ord. 263; 4-5-37)

  1. S.H.A. Ch. 24, Sec. 11-42-1 amd. 1965
  2. Not available

Adult Business

SECTION:

3-13-1:Definitions
3-13-2:Adult Uses Enumerated
3-13-3:Limitations on Adult Uses
3-13-4:Measurement of Distances
3-13-5:License Required; Filing of Application; Filing Fee
3-13-6:Contents of Application for License
3-13-7:Issuance of Adult Use License
3-13-8:Suspension or Revocation of License for Adult Use
3-13-9:Automatic Suspension
3-13-10:Exterior Display
3-13-11:Display of License and Permit
3-13-12:Employment of Persons Under Age of Eighteen Prohibited
3-13-13:Illegal Activities on Premises
3-13-14:Severability Clause
3-13-15:Violation and Penalty
3-13-16:Repeal of Conflicting Ordinances

3-13-1:             DEFINITIONS: For the purpose of this Chapter, the following words and phrases shall have the meanings respectively prescribed to them by this Section. Any reference to the masculine shall include the feminine, and any reference to the singular shall include the plural.

ADULT ENTERTAINMENT A public or private establishment which is licensed to serve food/and/or alcoholic beverages, which features topless dancers and/or topless dancers and/or waitresses, strippers, male or female impersonators, or similar entertainers.

ADULT MINI MOTION PICTURE THEATER An enclosed building with a capacity or less than fifty (50) used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas’ for observation by patrons therein.

ADULT MOTION PICTURE THEATER An enclosed building with a capacity of fifty (50) or more persons used regularly and routinely for presenting motion pictures having as a dominate theme material distinguished or characterized by an emphasis on matter depicting, describing, or relating to “specific sexual activities” or “specified anatomical areas” for observation by patrons therein.

BODY SHOP or MODEL STUDIO Any public or private establishment described itself as body shop or model studio, or where for any form of consideration or gratuity, figure models who display “specified anatomical areas” are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity, nude or semi-nude dancing, reading, counseling sessions, body painting, and other activities that present materials distinguished or characterized by an emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas” are provided for observation by or communication to persons paying such consideration or gratuity.

BUILDING STRUCTURE Any structure or group of structures housing two or more businesses which share a common entry, exit, wall, or frontage wall, including, but not limited to, shopping centers, shopping malls, shopping plazas or shopping squares.

MASSAGE Any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external soft parts of the body with the hands or other parts of the human or with the aid of any mechanical or electrical apparatus or appliance with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparations commonly used in this practice.

MASSAGE ESTABLISHMENT Any establishment having a fixed place of business where any person, firm, association, or corporation engages in, or carries on, or permits to be engaged in or carried on any of the activities mentioned in paragraph “Massage” of this Section.

SPECIFIED SEXUAL AREAS Any of the following conditions:

Less than completely and opaquely covered:

  • (A) Human genitals, pubic region, or pubic hair.
  • (B) Buttocks; and
  • (C) Human breast below point immediately above the top of the areola; and
  • (D) Human male genitals in a discernibly turgid state, even if completely covered.

SPECIFIED SEXUAL ACTIVITIES Any of the following conditions:

  • (A) Human genitals in a state of sexual stimulation or arousal.
  • (B) Acts or representations of act of human masturbation, sexual intercourse or sodomy, bestiality, oral copulation, or flagellation.
  • (C) Fondling or erotic touching of human genitals, pubic region, buttock, or breast.
  • (D) Excretory functions as part of or in connection with any activities set forth in (A) through (C).

3-13-2:             ADULT USES ENUMERATED: The following shall be considered adult uses for the purpose of the Chapter:

(A)       Adult bookstore;

(B)       Adult motion picture theater;

(C)       Adult mini motion picture theater;

(D)       Adult entertainment cabaret;

(E)       Massage establishment

(F)       Body shop or model studio.

3-13-3:             LIMITATION OF ADULT USES: Adult uses shall be permitted subject to the following restrictions:

(A)       An adult use shall not be allowed within five hundred feet (500’) of another existing adult use.

(B)       And adult use shall not be located within three hundred feet (300’) of any zoning district, which is zoned for Single-Family Residential (R-1), Single-Family Residential (R-2), Two-family Residential (R-3), or Multifamily Residential (R-4).

(C)       An adult use shall not be located within five hundred feet (500’) of a preexisting school or place of worship.

(D)       An adult use shall not be located in a building structure, which contains another business that sells or dispenses in some manner alcoholic beverages.

(E)       Any adult use doing business at the time this Ordinance takes effect shall have one year from the effective date of this Ordinance to comply with the provisions of paragraphs (A) through (D), inclusive, of this Section.

(F)       Any adult use doing business at the time this Ordinance takes effect shall have 30 days (30) from the effective date of this Ordinance to apply for the issuance of an adult use license.

3-13-4:             MEASUREMENT OF DISTANCES: For the purpose of this Chapter, measurements shall be made in a straight line, without regard to intervening structures or objects, from the property line of the adult use to the nearest property line of another adult use, school, place of worship, or district zoned for residential use.

3-13-5:             LICENSE REQUIRED; FILING OF APPLICATION; FILING FEE: It shall be unlawful for any person to engage in, conduct, or carry on, or to permit to be engaged in, conducted, or carried on, in or upon any premises in the City, the operation of an adult use as herein defined, without having obtained a separate license for such adult use from the Mayor of the City.

Every applicant for a license to maintain, operate, or conduct an adult use shall file an application in duplicate under the oath with the city Clerk upon a form provided by the City Clerk and pay a nonrefundable filing fee of twenty five dollars ($25.00) to the City Clerk, who shall issue a receipt which shall be attached to the application filed with the City Clerk.

Within ten (10) days after receiving the application, the Mayor shall notify the applicant that his application is granted, denied, or held for further investigation. Such additional investigation shall not exceed an additional thirty (30) days unless otherwise agreed to by the applicant. Upon the conclusion of such additional investigation, the Mayor shall advise the applicant is writing whether the application is granted or denied.

Whenever an application is denied or held for further investigation, the Mayor shall advise the applicant in writing of the reasons for such action.

Failure or refusal of the application to give any information relevant to the investigation of the application or his or her refusal or failure to appear at any reasonable time and place for examination under oath regarding said application or his or her refusal to submit to or cooperate with any inspection or investigation required by this Chapter shall constitute an admission by the applicant that he or she is ineligible for such permit and shall be grounds for denial by the Mayor.

3-13-6:             CONTENTS OF APPLICATION FOR LICENSE: An applicant for a license shall furnish the following information under the oath.

(A)       Name and address.

(B)       Written proof that the individual is at least eighteen (18) years of age.

(C)       The exact nature of the adult use to be conducted and the proposed place of business and facilities thereto.

3-13-7:             ISSUANCE OF ADULT USE LICENSE: The Mayor shall issue a license to maintain, operate, or conduct an adult use unless he finds that:

(A)       The applicant is under age of eighteen (18) years or under legal disability.

(B)       The applicant at the time of application for renewal of any license issued under this Chapter, would not be eligible for such license upon a first application.

Every adult use license issued pursuant to this Chapter will terminate at the expiration of one year from the date of its issuance, unless sooner revoked.

3-13-8:             SUSPENSION OR REVOCATION OF LICENSE FOR ADULT USE: Any license issued for an adult use may be revoked or suspended by the Mayor if the Mayor shall find:

(A)       That the licensee has violated any of the provisions of this Chapter regulating adult use.

(B)       The licensee has knowingly furnished false or misleading information or withheld relevant information on any application for any license or permit required by this Chapter or knowingly cause or suffered another to furnish or withhold such information on his or her behalf.

The Mayor, before revoking or suspending any license, shall give the licensee a least ten (10) days’ written notice of the charges against him or her and the opportunity for a public hearing before the mayor, at which time the licensee may present evidence bearing upon the question. In such cases, the charges shall be specific and in writing.

3-13-9:             AUTOMATIC SUSPENSION:

(A)       In the event a person under the age of eighteen (18) years is on the premises of an establishment operating as an adult use under the Chapter, and views any “specified sexual activities’ or “specified anatomical areas” as defined in Section 3-13-1 of this Chapter, then the license issued pursuant to this Chapter shall be suspended for a period of three (3) months.

(B)       The Mayor, before suspending any license, shall give at least ten (10) days’ written notice of the charge. The licensee within five (5) days of receipt of said notice may request a public hearing before the Mayor at which time the licensee may present evidence bearing upon the question. The notice required hereunder may be delivered personally to the licensee or be posted on the premises of the establishment being used as an adult use.

3-13-10:            EXTERIOR DISPLAY: No adult use shall be conducted in any manner that permits the observation of any material depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas” by display, decoration, sign, show window, or other opening from any public way or from any property not licensed as an adult use.

3-13-11:            DISPLAY OF LICENSE AND PERMIT: Every licensee shall display a valid license in a conspicuous place within the adult use business so that same may be readily seen by persons entering the premises.

3-13-12:            EMPLOYMENT OF PERSONS UNDER AGE EIGHTEEN PROHIBITED: It shall be unlawful for any adult use licensee or his manager or employee to employ in any capacity within the adult business any person who is not at least eighteen (18) years of age.

3-13-13:            ILLEGAL ACTIVITIES ON PREMISES: No licensee or any officer, associate, member, representative, agent or employee of such licensee shall engage in any activity or conduct or permit any other person to engage in any activity or conduct in or about the licensed premises which is prohibited by any ordinance of the City or law of the State of Illinois or the United States.

3-13-14:            SEVERABILITY CLAUSE: If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Chapter, or any part thereof, or application thereof to any person, firm, corporation, public agency, or circumstance, if for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof. It is hereby declared to be the legislative intent of the City Council that this Chapter would have been adopted had such unconstitutional or invalid provision, clause, sentence, paragraph, section, or part thereof not then been included.

3-13-15:            VIOLATION AND PENALTY: Any person who shall violate any of the provisions of this Chapter shall be guilty of a misdemeanor. A person who is convicted shall be punished by a fine of not less then one hundred dollars ($100.00) nor more than five hundred dollars ($500.00). A second or subsequent offense is punishable by a fine of not less than three hundred dollars ($300.00) nor more that five hundred dollars ($500.00).

3-13-16:            REPEAL OF CONFLICTING ORDINANCES: Any other ordinances or resolutions of the city which may contain provisions contrary to this in this Chapter are hereby expressly revoked and shall not be considered to be superseded by this Chapter. (Ord. 82-10, 11-1-82)

Automobile Renting Taxes

SECTION:

3-14-1:Automobile Renting Occupation Tax
3-14-2:Automobile Renting Use Tax

3-14-1:             AUTOMOBILE RENTING OCCUPATION TAX:

(A)       A tax is hereby imposed upon all person engaged in the business of renting automobiles in this City at the rate of one percent of the gross receipts from such sales make in the course of such business while this Section is in effect, in accordance with the provisions of chapter 24, paragraph 8-11-7 of the Illinois Municipal Code.

(B)       Every such person engaged in such business in the City shall file on or before the last day of each calendar month, the report to the State Department of Revenue required by sections two and three of “An Act in Relation to a Tax upon Persons Engaged in the Business of Selling Tangible Personal Property to Purchasers for Use of Consumption” approved June 29, 1933, as amended.

(C)       At the time such report is filed, there shall be paid to the State Department of Revenue the amount of tax hereby imposed on account of the renting of automobiles during the preceding month. (Ord. 82-2, 1-4-82, eff. 2-1-82)

3-14-2:                AUTOMOBILE RENTING USE TAX:

(A) A tax is hereby imposed upon the privilege of using this City an automobile which is rented from a renter outside of Illinois and which is titled or registered with an agency of this State’s government in this City at the rate of one percent (1%) of the rental price op such automobile while this Section is in effect, in accordance with the provisions of chapter 24, paragraph 8-11-8 of the Illinois Municipal Code.

(B) The tax is provided for in this Section shall be collected from the persons whose Illinois address for titling or registration purposes in given as being in the City.

(C) The tax imposed by this Section shall be paid to the Illinois Department of Revenue. (Ord. 82-3, 1-4-82, eff. 2-1-82)

Raffles

SECTION:

3-15-1:Authority
3-15-2:Definitions
3-15-3:Conditions of License; Application
3-15-4:License Fees; Issuance
3-15-5:License Issue Restrictions
3-15-6:Conduct of Raffles
3-15-7:Raffles Manager; Bond
3-15-8:Records Required
3-15-9:Additional Restrictions
3-15-10:Violation; Penalty

3-15-1:             AUTHORITY: The City Council hereby authorizes and permits raffles to be conducted within the City, subject to the provisions of this Chapter. (Ord. 96-17)

3-15-2:             DEFINITIONS: For purpose of this Chapter, the following definitions shall apply:

BUSINESS             A voluntary organization composed of individuals and businesses that have joined together to advance the commercial, financial, industrial and civic interest of a community.

CHARITABLE          An organization or institution organized and operated to benefit an indefinite number of the public. The service rendered to those eligible for benefits must confer some benefit on the public.

EDUCATIONAL       An organization or institution organized and operated to provide systematic instruction in useful branches of learning of methods common to                           schools and institutions of learning which compare favorably in their scope and intensity with the course of study presented in tax-supported schools.

FRATERNAL            An organization of persons having a common interest, the primary interest of which is to both promote the welfare of its members and to provide assistance to the general public in such a way as to lessen the burdens of government by caring for those that otherwise would be cared for by the government.

LABOR                      An organization composed of workers organized with the objective of betterment of the conditions of those engaged in such pursuit and the development of a higher degree of efficiency in their prospective occupations.

NONPROFIT             An organization or institution organized and conducted on a not-for-profit basis with no personal profit inuring to anyone as a result of the operation.

RELIGIOUS              Any church, congregation, society or organization founded for the purpose of religious worship.

VETERANS               Any organization or association comprised of members of which substantially all are individuals who are veterans or spouses, widows or widowers of veterans, the primary purpose of which is to promote the welfare of its members and to provide assistance to the general public in such a way as to confer a public benefit.

3-15-3:             CONDITIONS OF LICENSE; APPLICATION: Raffles shall be conducted only by organizations licensed pursuant to this Section; and such licenses are subject to the following restrictions:

A.        The application for license must specify the area or areas within the City in which raffle chances will be sold or issued, the time period during which raffle chances will be sold or issued, the time of determination of winning chances and the location or locations at which winning chances will be determined.

B.        The license application must contain a sworn statement attesting to the not-for-profit character of the prospective license organization, signed by the presiding officer and the secretary of their organization.

C.        Each such license shall be valid for only one raffle.

D.        Licenses shall be issued only to bona fide religious, charitable, labor, business, fraternal, educational or veterans’ organizations that operate without profit to their members, and which have been in existence for a period of five (5) years and have a bona fide membership engaged in carrying out their objects.

3-15-4:             LICENSE FEES; ISSUANCE:

A.        The license fee for each raffle conducted under the terms of this Chapter shall be five dollars ($5.00).

B.        When all requirements of this Chapter have been met, the license shall be issued by the City Clerk.

3-15-5:             LICENSE ISSUE RESTRICTIONS: No license shall be issued to:

A.        Any person who has been convicted of a felony.

B.        Any person who is or has been a professional gambler or gambling promoter.

C.        Any person who is not of good moral character.

D.        Any firm or corporation in which a person defined in subsection A, B or C above has a proprietary, equitable or credit interest, or in which such a person is active or employed.

E.         Any organization in which a person defined in subsections A, B or C of this Section is an officer, director or employee, whether compensated or not.

F.         Any organization in which a person defined in subsections A, B or C above is to participate in the management or operation of a raffle as defined in this Chapter.

3-15-6:             CONDUCT OF RAFFLES: The conducting of raffles is subject to the following restrictions:

A.        The entire net profits 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.

C.        No person may receive any remuneration or profit for participating in the management or operation of the raffle.

D.        A licensee may rent a premise on which to determine the winning chance or chances in a raffle only from an organization, which is also licensed under this Chapter.

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 eighteen (18) years may participate in the conducting of raffles or chances. A person under the age of eighteen (18) years my be within the area where winning chances are being determined only when accompanied by his parent or guardian.

3-15-7:             RAFFLES MANAGER; BOND: All operation of and the conduct of raffle shall be under the supervision of a single raffles manager designated by the organization. The Manager shall give a fidelity bond in the sum of an amount determined by the City in favor of the organization conditioned upon his honesty in the performance of his duties. Terms of the bond shall provide that notice shall be given in writing to the licensing authority no less than thirty (30) days prior to its cancellation.

3-15-8:             RECORDS REQUIRED:

A.        Each organization licensed to conduct raffles and chances shall keep the 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 deductions, and the recipient. The distribution of net proceeds shall be itemized as to payee, purpose, amount and date of payment.

B.        Gross receipts from the operation of raffles programs shall be segregated from other revenues of the organization, including bingo gross receipts, if bingo games are also conducted by the same nonprofit organization pursuant to license therefore issued by the Department of Revenue of the State of Illinois, and placed in a separate account. Each Organization, shall have separate records of its raffles. The person who account for gross receipts, expenses and net proceeds from the operation of raffles 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 members, and to the City Clerk, 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 (3) years, and organizations shall make available their records relating to operation of raffles for public inspection at reasonable times and places.

3-15-9:             ADDITIONAL RESTRICTIONS:

A.        The aggregate retail value of all prizes and merchandise awarded by a licensee in a single raffle should not exceed two hundred fifty thousand dollars ($250,000.00).

B.        The maximum retail value of each prize awarded in a single raffle should not exceed two hundred fifty thousand dollars ($250,000.00).

C.        The maximum price, which may be charged for each raffle chance issued or sold, shall not exceed one thousand dollars ($1,000.00).

D.        The maximum number of days during which chances may be issued or sold shall not exceed one hundred eighty (180) days.

3-15-10:           VIOLATION, PENALTY: Any person conducting a raffle in violation of any of the provisions of this Chapter shall be subject to a fine of not less than twenty five dollars ($25) and not more than one hundred dollars ($100) for each violation. Each raffle chance sold or raffle held in violation of this Chapter shall constitute a separate offense. (Ord. 96-17)

Telecommunications Tax

SECTION:

3-16-1:Simplified Municipal Telecommunications Tax
3-16-2:Simplified Municipal Telecommunications Tax Exemption

3-16-1:             SIMPLIFIED MUNICIPAL TELECOMMUNICATIONS TAX:

(A)       A simplified telecommunications tax is hereby created pursuant to the provisions of Sections 5-25 and 5-30 of the Simplified Telecommunications Tax Act, P.A. 92-0526.

(B)       Said simplified telecommunications tax rate is hereby set at 3%. (Ord. 03-19,  12-01-03)
AMENDED by Ordinance 2008-16, 12/01/2008
Ordinance No. 2003-19 and Section 3-16-1 of the Farmington City Code are hereby amended to provide that the simplified telecommunications tax rate is increased by 2% to a rate of 5%.

3-16-2:             SIMPLIFIED MUNICIPAL TELECOMMUNICATIONS TAX EXEMPTION:

The Simplified Municipal Telecommunications Tax Exemption enacted by the Farmington City Council with the adoption of Ordinance 2003-19 on the 1st day of December, 2003 shall have the following exemption: All customers over the age of sixty-five (65) years for one (1) residential telephone. An application for this exemption will be required to be filed with the City Clerk of said City of Farmington. (Ord. 03-02, 12-01-03)

Downtown Business Regulations

SECTION:

3-17-1:Definitions
3-17-2:Windows
3-17-3:Facades
3-17-4:Roofing
3-17-5:Standards for Facade Changes
3-17-6:Signage (DELETED SEE 4-8-1)
3-17-7:Advertising Flags / Banners
3-17-7.1:Downtown Permit Banner / Flag
3-17-8:Zoning

3-17-1            DEFINITIONS:

Downtown building shall mean a building located in the area bounded by Cone, Vernon, West and Fulton Streets in the City of Farmington.

Defective roofing shall mean any portion of a roof that allows water or moisture to enter the area below the roof, a roof that is suffering from dry rot, a roof that is sagging more than one inch, or a roof where the shingles have deteriorated such that they no longer provide coverage nor have any useful life remaining.

Façade shall mean the side of the building where the main entrance to the business is located.  It shall be a rebuttable presumption that the main entrance faces the street showing on the official records of the City as the address of the building.

Boarded window shall mean any window covered with a substance other than glass or plexiglass.

Damaged window shall mean any window that is cracked, chipped, or broken.

Banner/Flag shall mean a sign having characters, letters, illustrations or ornamentations applied to cloth, paper, fabric, or other non-rigid material and projects/hangs from, or is affixed to, a building, private pole or wire.  Banner/Flags can include, but are not limited to, decals, painted imagery, cable hung banners, flags, and wave banners, feather flags, flutter flags, razor sail flags, teardrop flags, blade flags, swooper flags and rectangle flags.

3-17-2            WINDOWS:

It shall be prohibited and considered a public nuisance to allow any window in a downtown building to remain boarded or in a damaged condition more that thirty (30) days.

3-17-3            FACADES:

The facade of a downtown building shall be maintained in its current condition as of the effective date of this Ordinance and shall not be covered, modified, demolished or destroyed without permission of the City Council during a hearing held before the Zoning Board of Appeals, except that maintenance necessary to prevent decay is allowed, further, peeling and blistering paint must be removed and painted over per the Standards section below.

3-17-4            ROOFING:

No downtown building shall allow a defective roof to exist for more than thirty (30) days.

3-17-5            STANDARDS FOR DETERMINING WHETHER FACADE CHANGES MAY BE MADE:

In considering whether to grant permission to make requested changes to a façade, the Zoning Board of Appeals and the City Council shall consider the following factors:

  1. Whether any deterioration of the façade is a result of neglect of any owner of the property
  2. Whether the proposed change will maintain the general overall appearance of the original façade.
  3. Whether the proposed change will be consistent with the architectural and decorative setting of the downtown area that exists at the time of the requests change, the compliance of the proposed change with other applicable laws, regulations and ordinances, as well as applicable building codes; in this connection, paint color, materials and textures may also be considered.
  4. The soundness of the proposed change from an engineering and building practices standpoint.
  5. Demolition of a building and leaving only the façade standing shall constitute a modification, unless otherwise approved hereunder.

3-17-6            SIGNAGE:

(DELETED IN ITS ENTIRETY ON 10/21/13 ORDINACE 2013-15:  SEE 4-8-1)

3-17-7            ADVERTISING FLAGS/BANNERS:

No Banner/Flag of any kind is allowed without a permit for use in the Historic Downtown District of the City of Farmington.  Any Business using a Banner/Flag at the time of the passing of this Ordinance may continue to do so until said Banner/Flag becomes tattered, torn, faded, frayed or sagging, and at such time said Banner/Flag must be removed.

3-17-7.1:            HISTORIC DOWNTOWN PRESERVATION DISTRICT LIMITED USE PERMIT:

The use of Flags/Banners is only allowed with a proper Banner/Flag permit issued by the City of Farmington.  Permit applications are available at the Municipality Office and the permit shall have the following restrictions:

  1. Each Banner/Flag allowed by proper permit may be displayed for no more than a seven day period and no more than four occasions per year.
  2. Each permit is valid for the period of one year from the date of issue.
  3. Every permit application will require the applicant to verify that the  Banner/Flag meets the placement and size requirements as outlined by the permit application.

3-17-8            ZONING:

Title 10 Zoning is hereby amended by adding Chapter 15 to same: The provisions of Chapter 17, Building Regulations, in Title 3, Business Regulations, are incorporated herein by this reference as though fully set forth.

Any violation of this ordinance shall be punishable by a fine up to seven hundred fifty dollars ($750.00)

Registration of Rental Properties

3-18 Repealed by City Council — Ordinance #2010-20

SECTION:

3-18-1:Registration of Rental Properties

3-18-1:            REGISTRATION OF RENTAL PROPERTIES:

(A) Registration Required.  Except as provided hereafter, every owner of a residential or commercial rental real estate property not exempted under paragraph C below shall file an annual registration statement for each such property on a form provided by the City for such purposes.  Any registration statement shall be prima facie proof of the information therein contained in any administrative enforcement proceedings or court proceeding instituted by the City against the owner or owners of the property for any reason.

(B) Information Required.  Each registration statement shall contain the following information:

  1. The name, street address, telephone number, and driver’s license number of a current driver’s license of each owner of the property or a copy of a State of Illinois Identification Card or other comparable identification shall be required.  If the owner is a partnership, corporation, or voluntary unincorporated association, the statement shall further include the name, street address, telephone number, driver’s license number of a current driver’s license and position of all partners or officers.  If the owner is a corporation, the statement shall further include the name, street address and telephone number of the registered agent for that corporation.
  2. The name, street address and telephone number of a natural person twenty-one (21) years of age or older, designated by the owner or owners as the authorized agent for receiving notices of code violations and receiving processing any court proceeding or administrative enforcement proceeding on behalf of such owner or owners in connection with the enforcement of this code shall also be required.  This person must maintain an office in Peoria, Knox, Tazewell or Fulton County, Illinois or must actually reside within Peoria or Fulton County, Illinois.  An owner who is a natural person and who meets the requirement of this subsection as to location of resident or office may designate him or herself as agent.
  3. The name, street address and telephone number of the owner’s agent for the purpose of managing, controlling or collecting rent and other person, not an owner who is controlling such property, if any shall be required.
  4. The street address and property index number of the property rental property.
  5. Name and phone number of each tenant.

(C) Exception for family occupied property.  The owner who would otherwise be required to be registered under paragraph B of this Chapter shall not be required to register if such owner files a statement on a form provided by the City setting forth that the property in question is occupied by an immediate family member, which means a parent, sibling, spouse or child of the owner.  Such written statement shall be effective until there is a change in ownership or occupancy.

(D) Time of registration.

  1. The owner of a property not exempt under paragraph C above shall register the property with the City within 30 days of the passage of this ordinance or of the purchase or acquisition of such property.  If a property becomes subject to registration because it is no longer exempt under paragraph C above, then the owner shall have 30 days from the date on which the property ceased to be exempt to register the property. 
  2. Registration shall be required annually on or before January 31. 
  3. Amended Registration.  The owner of a property required to register with the City shall notify the City within 10 business days of any change on the registration contact information by filling out an amended registration statement on a form provided by the City for such purpose.  There will be no additional fee for filing an amended registration statement if the registration statement for the year in which the amendment was made was timely filed.

(E) Registration Records.  The City Administrator shall maintain the forms required by this Ordinance and process and maintain the rental registration statements.

(F) Notice of Code Violation.  By designating an authorized agent under the provisions above, the owner is consenting to receive any and all notices of code violation concerning the registered property and all process in any court proceeding or administrative enforcement proceeding brought to enforce code provisions concerning the registered property by service of the notice or process on the authorized agent. 

(G) Registration Fee.  Every owner registering a property pursuant to this ordinance shall pay a registration fee of $25.00 for each property required to be registered, and each time a new tenant is registered for a property.  For the purposes of this section, each property identification number constitutes a single property.  The registration fee will not be prorated. 

(H) Penalty.  If a property required to be registered is not so registered by February 15 of the year in which registration is required, then the owner will be assessed a fine of $100.00 for each property not registered. (Ordinance 2010-08 passed 04/19/2010).

Building Code

SECTION:

4-1-1:Adoption of Building Code
4-1-2:Applicability of Provisions or Regulations
4-1-3:Amendments

4-1-1:               ADOPTION OF BUILDING CODE:

  1. For the purpose of supplementing the provisions and regulations contained in this Title, and for setting forth minimum standards for buildings and structures, there shall be and hereby is adopted by reference that certain building code known as the 2003 edition of the International Building Code.
  2. There shall be one (1) copy of the International Building Code of 2003 kept on file for public inspection at the office of the City Clerk. 

4-1-2                APPLICABILITY OF PROVISIONS OR REGULATIONS:

  1. The adoption of these regulations shall not be construed as preventing the enforcement of, or repealing the provisions of any ordinance, regulation, standard or code adopted by the City which is more restrictive than the provisions of this Article.
  2. In the event any provisions of this Article shall be in conflict with any applicable ordinance, regulation, standard or code adopted by the City, the more restrictive shall be applicable.

4-1-3                AMENDMENTS:

  1. The various sections and tables of the International Building Code of 2003 adopted by this Article shall be revised as follows:
    • (a) Building Materials:
      • (i) Metal or steel external siding shall not be permitted as a construction material. The use of metal for roofing material shall be strongly discouraged.
        ORDINANCE 2013-11 (ADOPTED 10/07/13)

Electrical Code

SECTION:

4-2-1:Adoption of National Electrical Code (REPEALED)
SEE 4-1-1 UNIFORM BUILDING CODE

4-2-1:               ADOPTION OF NATIONAL ELECTRICAL CODE: All electric wiring, installation of electrical fixtures, apparatus, or electrical appliances for furnishing light, heat, or power, o other electrical work introduced into or placed in or upon, or in any way connected to, any building or structure within the limits of this City shall be in conformity without the provisions set forth in the 1964 National Electrical Code, as amended, recommended by the American Insurance Association for electrical wiring and apparatus, which is hereby adopted and incorporated as a part of this Code as fully as if set out at length herein, three (3) copies of said Electrical Code shall at all times be on file in the office of the Clerk. *1 (1969 Code)

REPEALED SEE ORDINANCE 2013-11 (ADOPTED 10/07/13)

  1. S.H.A. Ch. 24, 1-3-2

Housing Code

SECTION:

4-3-1:Adoption of Residential Building Code
4-3-2:Adoption of Chapter 11 of the International Residential Code for
One- and Two-Family Dwellings of 2012
4-3-3:Applicability of Provisions or Regulations
4-3-4:Amendments

4-3-1:               ADOPTION OF RESIDENTIAL BUILDING CODE:

  1. For the purpose of supplementing the provisions and regulations contained in this Title, and for setting forth minimum standards for buildings and structures, there shall be and hereby is adopted by reference that certain building code known as the 2003 edition of the International Residential Code for One- and Two-Family Dwellings.
  2. There shall be one (1) copy of the International Building Code of 2003 kept on file for public inspection at the office of the City Clerk. 

4-3-2:              ADOPTION OF CHAPTER 11 OF THE INTERNATIONAL RESIDENTIAL CODE FOR ONE- AND TWO-FAMILY DWELLINGS OF 2012:

  1. For the purpose of supplementing the provisions and regulations contained in this Title, and for setting forth minimum and maximum standards for residential buildings, as well as the construction of any new building or structure in the State for which a building permit application is received, as required by 20 ILCS 3125, et seq., there shall be and hereby is adopted by reference that certain building code known as the Chapter 11 of the 2012 edition of the International Residential Code for One- and Two-Family Dwellings.
  2. There shall be one (1) copy of Chapter 11 of the 2012 edition of the International Residential Code for One- and Two-Family Dwellings kept on file for public inspection at the office of the City Clerk. 

4-3-3:              APPLICABILITY OF PROVISIONS OR REGULATIONS:

  1. The adoption of these regulations shall not be construed as preventing the enforcement of, or repealing the provisions of any ordinance, regulation, standard or code adopted by the City which is more restrictive than the provisions of this Article.
  2. In the event any provisions of this Article shall be in conflict with any applicable ordinance, regulation, standard or code adopted by the City, the more restrictive shall be applicable.

4-3-4:              AMENDMENTS:

  1. The various sections and tables of the International Building Code of 2003 adopted by this Article shall be revised as follows:
    • (a) Building Materials:
      • (i) Metal or steel external siding shall not be permitted as a construction material. The use of metal for roofing material shall be strongly discouraged.
        ORDINANCE 2013-10 (ADOPTED 10/07/13)

Dangerous Buildings

SECTION:

4-4-1:Dangerous Buildings Generally
4-4-2:Definition of Unsafe, Dangerous, or Abandoned Buildings
4-4-3:Enforcement Powers
4-4-4:Notice of Unsafe Condition of Buildings; Means of Service
4-4-5:Lis Pendens
4-4-6:Placarding of Building or Structure
4-4-7:Demolition Lien; Personal Judgment
4-4-8:Nuisance Structures

4-4-1:               DANGEROUS BUILDINGS GENERALLY: It shall be unlawful for an owner or agent thereof to keep or maintain any building or structure or part thereof in any unsafe, abandoned, or dangerous condition. The word “building” as used in this article, shall describe any walled or roofed structure including mobile homes, commercial establishments, dwellings, and any accessory structures.

4-4-2:               DEFINITION OF UNSAFE, DANGEROUS, OR ABANDONED BUILDINGS: For the purpose of this article, any building or structure which has any of the following defects or is in any of the conditions hereinafter described shall be deemed a “dangerous building” and any conditions hereinafter described shall be deemed unsafe:

(A)       Whenever any door, aisle passageway, stairway, or other means of exit is not of sufficient width or size, or is not so arranged as to provide safe and adequate means of exit in case of fire or panic for all persons housed or assembled therein who would be required to or might use such door, aisle, passageway, stairway or other means of exit.

(B)       Whenever any portion thereof has been damaged by wind, flood, fire, or by any other cause in such a manner that the structural strength or stability thereof is appreciably less than it was before the catastrophe and is less than the minimum requirements of this article.

(C)       Whenever any portion or member or appurtenance thereof is likely to fail or to become detached or dislodged, or to collapse and thereby injure person or damage property.

(D)       Whenever any portion thereof settled to such an extent that walls or other structural portions have materially less resistance to winds than is required in the case of new construction.

(E)       Whenever any building or structure or any part thereof, because of dilapidation, deterioration, decay, faulty construction, or because of the removal or movement of some portion of the ground necessary for the purpose of supporting such building or portion thereof, or for other reasons, is likely to partially or completely collapse; or some portion of the foundation or underpinning is likely to fall or give way.

(F)       Whenever for any reason whatsoever, the building or structure or any portion thereof is manifestly unsafe for the purpose for which it is used.

(G)       Whenever the building or structure has been so damaged by fire, wind, or flood, or has become so dilapidated or deteriorated as to become an attractive nuisance to children who might play in or about the building structure to their danger.     

(H)       Whenever the building or structure has been so damaged by fire, wind, or flood, or has become do dilapidated or deteriorated as to afford a harbor for trespassers, or as to enable persons to resort thereto for the purpose of committing a nuisance or unlawful acts.

(I)        Whenever a building or structure used or intended to be used for dwelling purposes because of dilapidation, decay, damage, or faulty construction or arrangement is unsanitary or unfit for human habitation and is likely to work injury to the health, safety, or general welfare of those living within.

(J)        Whenever a building or structure is infested with rodents, insects, pests, or other vermin; or is likely to cause sickness or disease when so determined by the health inspector of the Fulton County Health Department.

(K)       Whenever any building shall become vacant, dilapidated, or open at door or window, leaving the interior of the building exposed to the elements or accessible to entrance by trespassers.

(L)       Whenever any unoccupied building or structure is deemed a nuisance and the structure or building has been secured by the owner or his agents by covering up the windows and exists with lumber or materials other than glazing materials for a period of 30 days or more, thereby causing a blighting influence on a neighborhood.

4-4-3:               ENFORCEMENT POWERS:

(A)       The Corporate Authorities shall have full power to pass any question arising under the provisions of this article, subject to the conditions, modifications, and limitations contained in this Chapter.

(B)       The Corporate Authorities are hereby authorized to demolish or repair or cause the demolition or repair of dangerous buildings or uncompleted buildings or abandoned buildings within the territorial limits of the City.

(C)       The Corporate Authorities are further authorized, when removing or causing the demolition of a dangerous building, uncompleted building or abandoned building from a lot, to remove all private sidewalks, fences, concrete foundations and driveways located on the lot with such building.

4-4-4:               NOTICE OF UNSAFE CONDITION OF BUILDINGS; MEANS OF SERVICE

(A)       When a building or structure within the City is found to be a “dangerous building” or contains an unsafe condition, the Corporate Authorities shall issue and mail a notice thereof upon all owners of record or persons having an interest therein as shown by documents recorded in the office of the count recorder of deeds and upon persons in apparent possession of the premises.

(B)       The notice shall briefly and concisely specify the conditions and factors of the building or structure, which render it dangerous and unsafe. The notice shall further specify that the owners make the building safe (by complete elimination of any unsafe conditions) or commence demolition at the owners cost within 15 days of such notice. The notice shall further specify that:

  1. Repairs or demolition shall commence no later than 15 days of such notice, and
  2. A date for completion of demolition or repairs.

The date for completion shall be reasonably set it light of the nature of the building, weather conditions, and other related factors. The 15-day time period shall commence upon receipt of the notice.

(C)       The notice authorized by this section shall be served by either personal service or by certified mail with return receipt.

(D)       Where, upon diligent search, the identity or whereabouts of the owner or owners of any such building, including the lien holders of record is not ascertainable, notice mailed to the person or persons in whose name such real estate was last assessed for general real estate taxes is sufficient notice under this section. In this instance, the 15-day notice shall commence upon the said mailing.

(E)       In the event the owner fails to comply with any time period set forth in the notice, the City Attorney is authorized to commence a civil action in the circuit court of the county seeking a court order authorizing demolition or repair of the building or structure subject to the notice provided by this section and to create a lien described in Section 6. It shall not be a defense to this cause of action that the building is boarded up or otherwise enclosed. It further shall not be a defense that the building is put in a safe condition during the pendency of the civil action.

4-4-5:               LIS PENDENS: Upon commencement of the civil action set forth in Section 3, a lis pendens designating the property upon which the subject building is located shall be filed with the recorder of deeds. Failure to file or the improper filing of the lis pendens does not, however, effect the civil action for demolition’s. Any person obtaining and recording in such office an interest in the property after such filing may become a party to the civil action only if he intervenes by order of the Court.

4-4-6:               PLACARDING OF BUILDING OR STRUCTURE:

(A)       Whenever any dwelling or building has been designated a dangerous building or contains unsafe conditions, the Corporate Authorities shall placard the building indicating that the condition is dangerous and unsafe. It shall be unlawful for any person to rent, to cause to rent, to occupy, or allow another to occupy any premises, knowing that such premises has been designated a dangerous building.

(B)       It shall be unlawful for any person to remove, cause to remove or cover up in any way any placard designating a building or structure a “dangerous building.” A violation of this section shall be punishable by a fine not less than $100.00 and not more that $500.00.

4-4-7:               DEMOLITION LIEN; PERSONAL JUDGMENT:

(A)       The cost of demolition or repair incurred by the City, including court costs, attorney’s fees, and other costs related tot he enforcement of this article is recoverable from the owner or owners of the real estate and is a lien thereon, which lien shall be superior to all prior existing liens and encumbrances, except taxes; provided however, that within 60 days after completion of the demolition or repair, the City Attorney shall file a notice of lien for the cost and expense incurred by the City, in the office of the recorder of deeds of the county. Upon payment of such cost of demolition by the owner or any person who has an interest in the property, the lien shall be released by the City Attorney. The City shall have the right, but not the duty, to waive such lien where the cost of demolition is an extreme financial hardship to the owner and where demolition is agreed to, by the owner.

(B)       The lien may be enforced by proceeding to foreclose, as in case of mortgages or mechanics liens. Suite to foreclose this lien shall be commenced by the corporation counsel within three years after the date of filing notice of lien.

(C)       If payment of the City’s cost of demolition is not paid to the City within 15 days of the filing of the notice of lien, the City Attorney may commence proceedings in the circuit court seeking a personal judgment from the owner of  the subject property at the time the complaint for demolition was filed with the circuit clerk in the amount of such costs. The action authorized by this subsection shall be in addition to, and without waiver of, any other remedies.

4-4-8:               NUISANCE STRUCTURES:

(A)       Any unsafe, dilapidated, or abandoned building, house, barn, or other structure situated within the limits of the City is, and the same is hereby declared to be, a nuisance.

(B)       The penalty for maintaining a nuisance shall be a fine not to exceed $500.00 for each offense, and each and every day that such nuisance remains unabated shall constitute a new and separate offense.

Plumbing Code

SECTION:

4-5-1:Adoption of Plumbing Code

4-5-1:               ADOPTION OF PLUMBING CODE: There is hereby adopted for the purpose of establishing minimum standards or design, materials and workmanship for all plumbing hereafter installed, altered or repaired and to establish methods of procedure within the limits of the of the City that certain Plumbing code known as the “National Plumbing Code”, being particularly the 1968 Copyright Edition thereof, and the whole thereof of which not less than three (3) copies have been and now are filed in the office of the Clerk, and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this Chapter shall take effect, the provisions thereof shall be controlling in the insulation, alteration or repairing of plumbing. (1969 Code)

Downtown Historical Preservation District

SECTION:

4-6-1:District and Sub district Boundaries; Landmark Designation
4-6-2:General Standards and Criteria Applicable to All Uses
4-6-3:Design Guidelines
4-6-4:Certificate of Appropriateness; Scope; Definitions; Exemptions
4-6-5:Establishment of Special District Advisory Commission (SDAC)
4-6-6:Powers and Duties of SDAC
4-6-7:Composition of SDAC
4-6-8:SDAC Meetings
4-6-9:Certificate of Appropriateness Application
4-6-10:Submission, Review and Approval
4-6-11:SDAC Decision Appeal
4-6-12:Standards and Guidelines for Review of Application of Certificate of Appropriateness
4-6-13:Demolition Certificate of Appropriateness
4-6-14:Relocation Certificate of Appropriateness
4-6-15:Landmark Status Appeal
4-6-16:Enforcement and Penalties for Violation
4-6-17:Certificate of Economic Hardship
4-6-18:Fees

CHAPTER 6.  DOWNTOWN BUSINESS DISTRICT (DBD)

4-6-1:            DISTRICT AND SUB DISTRICT BOUNDARIES; LANDMARK DESIGNATION:

The boundaries of the Downtown Business District (DBD) are hereby designated to include that part of the City of Farmington designated on the map attached hereto as Exhibit A and the Farmington Downtown Business District is hereby established within those boundaries.  All properties within said Downtown Business District are hereby designated as potential landmarks.  Actual landmark status shall be determined by the majority vote of the City Council members then holding office only after a public hearing before the Farmington Special District Advisory Commission (SDAC), with at least thirty days’ notice of the hearing to the owner(s) of any property (ies) being considered for landmark status.  The SDAC shall make findings of fact and communicate them and its recommendation to the City Council and the City Council shall review the SDAC findings and recommendations and make its landmark only after such review.

In considering whether to recommend landmark designation for a specific property or area, the SDAC shall consider the following and find that at least two such criteria are satisfied:

  • Whether the property is an example of the architectural, cultural, economic, historic, social, or other aspect of the heritage of the City of Farmington, State of Illinois, or the United States.
  • The property’s location as a site of a historic event actually reported on in any newspaper.
  • The property’s identification with a person or person who contributed to architectural, cultural, economic, historic, social, or other aspect of the development of the City of Farmington, State of Illinois or the United States and who contributed in such a way as to have been so noted or recognized in the news media or books.
  • The property’s exemplification of an architectural type or style distinguished by innovation, rarity, or overall quality of design, detail, materials, or craftsmanship.
  • The property’s representation of an architectural, cultural, economic, historic, social, or other theme expressed through distinctive areas, districts, places, buildings, structures, works of art, or other objects that may or may not be contiguous.
  • The property’s location or distinctive physical appearance or presence representing an established and familiar visual feature of a neighborhood, community or the City of Farmington.

4-6-2:            GENERAL STANDARDS AND CRITERIA APPLICABLE TO ALL USES:

General Standards

(a) This ordinance shall not be construed or enforced in such a way as to prevent or inhibit the current use of any property in the Downtown Business District on the date of the establishment of any landmark status for such property by the City Council.

(b) The distinguishing original qualities or character of the building, structure, or site and its environment shall not be destroyed.  The removal or alteration of any historic material or distinctive architectural feature shall be prohibited.

(c) Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment.  These changes may have acquired significance in their own right, and this significance shall be recognized and respected when dealing with a specific architectural period.

(d) Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity.

(e) Deteriorated architectural features shall be repaired rather than replaced, whenever possible.  In the event replacement is necessary, the new material should match as closely as reasonably possible the material being replaced in design, color, texture, and other visual qualities.  Repair or replacement of missing architectural features should be based on accurate duplications of  features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures, although the latter is not strictly prohibited.

(f) The surface cleaning of structures shall be undertaken with the gentlest means possible.  Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.

(g) Every reasonable effort shall be made to protect and preserve historic sites, structures, improvements or resources affected by or adjacent to any project.

(h) New structures or alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and such design is compatible with the size, scale, color, material, and character of the property, neighborhood or environment.

(i) Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.

4-6-3:            DESIGN GUIDELINES:

(a) The Design Review Guidelines for Downtown C-1 zoning are hereby incorporated by this reference and made mandatory within the Downtown Business District.

(b) Height.  The height of any proposed alteration or construction shall be compatible with the style and character of the subject building and with surrounding structures in an historic district.

(c) Relationship of Building Masses and Spaces.  The relationship of a structure within a historic district to the open space between it and adjoining structures should be compatible.

(d) Scale.  The scale of the structure after alteration, construction, or partial demolition should be compatible with its predominant architectural style and character and with the surrounding structures in the historic district contiguous thereto.

4-6-4:            CERTIFICATE OF APPROPRIATENESS; SCOPE; DEFINITIONS; EXEMPTIONS:

Unless expressly exempted herein, no permits for new construction, demolition, alteration, repair, signage, or any other physical modifications of a property within the Downtown Business District may be issued by the City without the prior or simultaneous issuance of a Certificate of Appropriateness in accordance with the procedures specified herein.

A “Certificate of Appropriateness” means a certificate issued by the City Administrator after review and recommendation by the Special District Advisory Commission indicating that new construction, alteration, or demolition within the Downtown Business District is in accordance with the standards and requirements of Section 6.

For the purposes of this Section, the following words and terms shall be defined as follows:

  • “Alteration” means any material change in the external features of any structure, site or improvement in the Downtown Business District.
  • “Demolition” means the complete or substantial removal or destruction of any site, structure or improvement located within the Downtown Business District.
  • “Exterior” means the front façade of any structure and any external features visible from public ways, excluding alleys.
  • “Improvement” means any building, structure, fence, gate, wall, walkway, parking facility, light fixture, bench, fountain, sign, work of art, earth work, or other man-made object constituting a physical betterment of real property.
  • “Site” means any parcel of real property in the Downtown Business District.
  • “Structure” means any man-made building or facility designed for use or occupancy in the Downtown Business District.

A “Certificate of Appropriateness” shall not be required in connection with:

  1. Applications for permits not involving any alteration to the exterior features of a structure;
  2. Permits necessary for compliance with a lawful order to the City, including any permit necessary to correct an immediate health or safety problem.

Establishment of Special District Advisory Commission (SDAC):  Powers, Duties, Composition, etc.

4-6-5:            ESTABLISHMENT OF SDAC:

There is hereby created a Farmington Special District Advisory Commission (SDAC) for the purposes of carrying out the objectives and provisions enumerated in this Chapter and to review and advise the Zoning Board of Appeals and Planning Commission on site plans and zoning proposals in the Downtown Business District and to review and advise the City Council on the issuance of Certificates of Appropriateness in the Downtown Business District.

4-6-6:            POWERS AND DUTIES:

The SDAC shall:

  1. Assist and advise the Zoning Board of Appeals, the Planning Commission, the City Council, other City officials and departments and County and State agencies as may be necessary in matters involving the Farmington Downtown Business District and sites, structures, and improvements therein.
  2. Advise owners of property in the Downtown Business District on methods of preservation.
  3. Upon request, review and make recommendations to the Zoning Board of Appeals regarding variations in the Downtown Business District.
  4. Review and make recommendations to the City Administrator on Certificates of Appropriateness in the Downtown Business District.
  5. Promote the preservation of historic sites, improvements and structures in the Downtown Business District and make recommendations to the City Council on methods to accomplish same.
  6. Upon request, review and make recommendations to the Planning Commission regarding special use permits and amendments in the Downtown Business District.

4-6-7:            COMPOSITION OF SDAC:

The SDAC shall consist of the members of the City of Farmington Community and Economic Development Commission (CEDC).  The term of service of members of the SDAC shall be the same as those of the CEDC, including such partial terms of the CEDC’s current members.  One of the members of the SDAC shall be designated by the Mayor as Chairman and shall hold said office until a successor is appointed.  A quorum shall be four (4) members of the SDAC.  Decisions shall be by majority vote of the members present.  A member of the SDAC may not vote on a matter involving property in the Downtown Business District in which said member has a legal or equitable ownership interest.

4-6-8:            MEETINGS:

The SDAC shall meet at least four times each calendar year.  There shall be a seven (7) day notice of all meetings to be published in a newspaper of general circulation in the City of Farmington, with said notice to state the time and place of the meeting, the purpose of the meeting and a brief description of property or properties under consideration at such meeting.  All meetings shall be open to the public at which time a public hearing will be held regarding the properties under consideration.  The SDAC may adopt rules and regulations to govern the procedure of such meetings and the proper administration and enforcement of its duties pursuant to this Section.  In no event, however, shall more than forty-five (45) days elapse from the date of filing an application under Section 6.5.1 below without the Commission meeting to consider same.

Certificate of Appropriateness:  Application, Submission Requirements, Review and Approval Process

4-6-9:            APPLICATION:

In conjunction with or prior to the filing of an application for building or other permit, an applicant in the Downtown Business District, pursuant to Section 6.3, shall submit an application for a “Certificate of Appropriateness” on a form provided by the City.  The application shall include a written description of the proposed activity and an elevation showing changes to any exterior portions of the structure.  In addition, no person shall perform any alteration, construction, demolition, or removal or in any way affect the exterior architectural appearance (including, but not limited to, changing window shapes, types or frames) of any landmark or any property within the Downtown Business District (whether or not a building permit or other permit is required) without first submitting plans and specifications for the work under consideration, and obtaining a Certificate of Appropriateness.  Each such application shall be filed with the City Clerk and contain substantially the following information:

  1. Street address of the property involved.
  2. Legal Description of the property involved.
  3. Brief description of the present improvement situated on the property.
  4. Detailed description of the construction, alteration, demolition or use proposed together with any architect drawings and sketches if those services have been utilized by the applicant and, if not, a sufficient description of the construction, alteration, demolition and use to enable anyone to determine what the final appearance use of the real estate will be.
  5. Owner.
  6. Developer, if different than owner.
  7. Architect.

4-6-10:            SUBMISSION, REVIEW AND APPROVAL:

(a) All applications shall be filed with the City Clerk who shall mark the application with the date filed and forward the original to the SDAC Review Subcommittee, retaining a copy for his files.  The SDAC Review Subcommittee shall consist of the SDAC Chairman and one other SDAC member appointed by the Chairman.  The Subcommittee shall review the application within ten (10) days from its receipt by the City Clerk.  If the Subcommittee unanimously finds that the work proposed in the application will not adversely affect any historically or architecturally significant features of the structure or property within the Downtown Business District and is appropriate or consistent with the spirit and purposes of this Ordinance, it shall issue a Certificate of Appropriateness and forward copies to the owner(s) of record and the City Administrator.  The Subcommittee shall forward all applications given less than unanimous approval to the full Commission for further action.

(b) The SDAC shall grant the Certificate; deny the Certificate; or grant the Certificate with conditions.

(c) If the application is approved without conditions, a Certificate of Appropriateness shall be issued.  Such Certificate shall be issued by the City Administrator within five (5) days of his receipt of written direction from the SDAC.

(d) If the application is approved with conditions, the SDAC shall notify the applicant in writing and shall specify the conditions to be imposed and the reasons therefor in light of the standards and criteria of the Downtown Business District.  If the applicant accepts all of the conditions or takes no further action, such approval, with conditions, shall be effective and a Certificate of Appropriateness shall issue.  If the applicant notifies the SDAC in writing within thirty (30) days from the date of such approval with conditions of his refusal to accept all of said conditions, the application shall be deemed to be denied.  The City Administrator shall be given a copy of all correspondence under this subsection.

(e) If the Certificate is denied, the SDAC shall notify the applicant in writing and shall specify the particulars in which the application is inconsistent with the standards and criteria of the Downtown Business District.  A copy of same shall be given to the City Administrator.  The applicant may then resubmit the application in such modified form as may overcome the SDAC objection.

4-6-11:             APPEALS:

Any person aggrieved by a ruling of the SDAC may appeal the decision as provided in this Section of this Ordinance.

(a) In cases of disapproval accompanied by recommendation, the applicant may be heard again before the Commission if within thirty (30) days from the date of receipt of notice of disapproval of the application he amends his application to conform with the recommendations or makes application for a Certificate of Economic Hardship as provided for in Section 4-6-16 herein.  The applicant shall be heard at the next regular meeting of the Commission after receipt of the amended application and the Commission shall approve or disapprove the amended application by resolution passed by a majority of a quorum.

(b) At the request of the applicant, within fifteen (15) days following disapproval of an application, the Commission shall hold a public hearing.  The Commission shall also hold a public hearing upon receipt of an application for a Certificate of Economic Hardship pursuant to Section 4-6-17

(c) Notice of the date, time, place and purpose of the public hearing shall be sent by regular mail to the applicant and said notice shall be published in a newspaper of general circulation.  The notice shall be sent and published not less than ten (10) days prior to the date of the hearing.  The notice shall state the location, including the common street address of the property and a brief description of the proposed alteration for which an application has been made and the differences of opinion between the applicant and the Commission.

(d) At the public hearing the Commission shall take testimony presented by the owner(s) and any other interested parties concerning the effect of the proposed alteration, demolition or removal upon the exterior architectural features and the applicable Review Criteria.

(e) Within fifteen (15) days following completion of the public hearing, the Commission shall issue or deny the Certificate of Appropriateness or Certificate of Economic Hardship and transmit copies of its decision to the applicant.

4-6-12:            STANDARDS AND GUIDELINES FOR REVIEW OF APPLICATION OF CERTIFICATE OF APPROPRIATENESS:

In reviewing an application for a Certificate of Appropriateness for the erection, construction, reconstruction, remodeling, exterior alteration or restoration of a building or structure, the SDAC shall consider and make findings of fact on the following:

  1. The exterior architectural features, including all signs, which are subject to public view from a public street, way or place;
  2. The general design, arrangement, texture, material, color and fenestration of the building or structure and the relation of such factors to similar features of buildings or structures in the immediate vicinity of the historic landmarks within the Downtown Business District;
  3. The extent to which the building or structure would be  harmonious with or architecturally incompatible with the Downtown Business District;
  4. The extent to which the building or structure will preserve or protect the Downtown Business District;
  5. The extent to which the building or structure will promote the general welfare of the City and all citizens by the preservation and protection of historic places, areas of historic interest in the City and the Downtown Business District;
  6. The extent to which said preservation and protection will promote the general welfare by maintaining and increasing real estate values; generating business; creating new positions; attracting tourists; attracting new residents; encouraging study and interest in American history; stimulating interest and study in architecture and design; educating citizens in American culture and heritage; and making the City a more attractive and desirable place in which to live.
  7. Photographs shall be used whenever possible to establish the true historic appearance of a structure.
  8. The Secretary of the Interior’s Standards for Rehabilitation.
  9. Would the denial of the approval deprive the owner of all reasonable beneficial use or return?

4-6-13:            DEMOLITION CERTIFICATE OF APPROPRIATENESS:

In reviewing an application for a Certificate of Appropriateness to demolish a building or structure, the SDAC shall consider and make findings of fact on the following:

  1. Is the building of such architectural or historical interest that its removal would be a detriment to the public interest?
  2. Is the building of such old and unusual or uncommon design, texture, and material that it could not be reproduced or reproduced only with great difficulty?
  3. Would retention of the building help preserve and protect an historical place or the Downtown Business District of the City?
  4. Would retention of the building promote the general welfare by maintaining and increasing real estate values; generating business; creating new positions; attracting tourists; attracting new residents; encouraging study and interest in American history; stimulating interest and study in architecture and design; educating citizens in American culture and heritage; and making the City a more attractive and desirable place in which to live?
  5. Would demolition of the building or structure adversely affect the cohesiveness and historical significance of the Downtown Business District as a whole?
  6. The Secretary of the Interior’s Standards for Rehabilitation.
  7. Would the denial of the demolition approval deprive the owner of all reasonable beneficial use or return?

4-6-14:             RELOCATION CERTIFICATE OF APPROPRIATENESS:

In reviewing an application for a Certificate of Appropriateness to relocate a building or structure, the SDAC shall consider and make findings of fact on the following:

  1. Would the proposed relocation have a detrimental effect on the structural soundness of the building or structure?
  2. Would the proposed relocation have a detrimental effect on the historical aspects of other structures and buildings in the Downtown Business District?
  3. Would relocation provide new surroundings that would be harmonious with or incongruous to the historical and architectural aspects of the structure or building?
  4. Would relocation of the building help preserve and protect a historic place or area of historic interest in the City?
  5. Would relocation of the building promote the general welfare by maintaining and increasing real estate values; generating business; creating new positions; attracting tourists; attracting new residents; encouraging study and interest in American history; stimulating interest and study in architecture and design; educating citizens in American culture and heritage; and making the City a more attractive and desirable place in which to live.
  6. The Secretary of the Interior’s Standards for Rehabilitation.
  7. Would the denial of the approval deprive the owner of all reasonable beneficial use or return?

4-6-15:             LANDMARK STATUS APPEAL:

A.     When a Certificate of Appropriateness is approved or denied for a landmark within a historic district, the applicant or any interested party may, within thirty (30) days, appeal the Commission’s decision to the City Council.  The Council may receive comments on the contents of the record but no new matter may be considered by the Council.  The City Council may affirm the decision or recommend changes by a majority vote of the Council after due consideration of the facts contained in the record submitted to the Council by the Commission.  The Council may overturn the Commission’s decision by a majority vote of a quorum of the Council.  If the Council decides that a Certificate of Economic Hardship should be issued, the City Clerk shall notify the applicant and the SDAC within seven (7) days of the Council’s decision and then shall issue the permit within fifteen (15) days.

B.     If the Council concurs with the Commission’s decision to declare a property a landmark or not to issue a Certificate of Economic Hardship, the City Clerk shall notify the applicant and the SDAC within seven (7) days, including the applicant’s right to review under the Administrative Review Law and to file for said review with the Circuit Court of Fulton County (or Peoria County where applicable) within thirty-five (35) days after being served with a copy of the Council’s decision.

4-6-16:             ENFORCEMENT AND PENALTIES FOR VIOLATION:

Any person who causes the alteration, demolition or removal of any property or structure in the Historic Preservation District without a Certificate of Appropriateness or a Certificate of Economic Hardship shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than Fifty Dollars ($50.00), no more than Five Hundred Dollars ($500.00).  Every day each such violation shall continue to exist shall constitute a separate violation.

4-6-17:             CERTIFICATE OF ECONOMIC HARDSHIP:

Notwithstanding any of the provisions of this Ordinance to the contrary, the Commission may issue a Certificate of Economic Hardship to allow the performance of work for which a Certificate of Appropriateness has been denied.

A.     An applicant for a Certificate of Economic Hardship may submit any or all of the following information in order to assist the Commission in making its determination on the application:

  1. The amount paid for the property, the date of purchase and the party from whom purchased (including a description of the relationship, if any, between the owner and the person from whom the property was purchased).
  2. The assessed value of the land and improvements thereon according to the two most recent assessments.
  3. Real estate taxes for the previous two years.
  4. Remaining balance on mortgage, if any, and annual debt service, if any, for the previous two years.
  5. All appraisals obtained within the previous two years by the owner or applicant in connection with this purchase, financing or ownership of the property.
  6. Any listing of the property for sale or rent, price asked and offers received, if any.
  7. Any consideration by the owner as to profitable adaptive uses for the property.
  8. If the property is income-producing, the annual gross income from the property for the previous two years, itemized operating and maintenance expenses for the previous two years, and annual cash flow before and after debt service, if any, during the same period.
  9. Form of ownership or operation of the property, whether sole proprietorship, for-profit or not-for-profit corporation, limited partnership, joint venture or other.
  10. Any other information, including the income tax bracket of the owner, applicant or principal investors in the property, reasonably necessary for a determination as to whether the property can be reasonably used or yield a reasonable return to present or future owners.
  11. Would the denial of demolition approval deprive the owner of all reasonable beneficial use or return?

B.     If the Commission finds that without approval of the proposed work, the property cannot obtain a reasonable economic return therefrom, then the application shall be delayed for a period not to exceed two (2) months.  During this period of delay, the Commission shall investigate plans and make recommendations to the City Council to allow for a reasonably beneficial use or a reasonable economic return, or to otherwise preserve the subject property.  Such plans and recommendations may include, but not be limited to:  a relaxation of the provisions of the ordinance, a reduction in real property taxes, financial assistance, building code modifications and/or changes in zoning regulations.

C.     If, by the end of this two (2)-month period, the Commission has found that without approval of the proposed work, the property cannot be put to a reasonable beneficial use or the owner cannot obtain a reasonable economic return therefrom, then the Commission shall issue a Certificate of Economic Hardship approving the proposed work.  If the Commission finds otherwise, it shall deny the application for a Certificate of Economic Hardship.

4-6-18:             FEES:

Fees pertaining to application for Certificates of Appropriateness pursuant to Section 6 herein shall be established by action of the City Council from time to time.  Such fees shall be paid to the City Clerk who shall give a receipt therefor and account for same at regular intervals to the City Council.

Vacant and Neglected Buildings

SECTION:

4-7-1:Scope of Division
4-7-2:Intent
4-7-3:Other laws, Codes, Ordinances, and Regulations
4-7-4:Definitions
4-7-5:Obligation to Submit Plan
4-7-6:Notice of Vacancy
4-7-7:Notice of Public Nuisance
4-7-8:Other Enforcement
4-7-9:Vacant Building Plan
4-7-10:Approval of Plan
4-7-11:Authority to Modify Plan and Appeal Right
4-7-12:Standards Governing Zoning Board of Appeals Review
4-7-13:Decision by City Council
4-7-14:Failure to Comply with Plan
4-7-15:Change in Ownership
4-7-16:Maintenance Standards

4-7-1:            SCOPE OF DIVISION:

This section shall apply to all vacant buildings and premises thereof in the City of Farmington now existing or hereafter becoming vacant.

4-7-2:            INTENT:

It is in the intent of this section to protect the public health, safety, and welfare by requiring responsible parties to implement a maintenance plan for such buildings to remedy any public nuisance, prevent deterioration, unsightly blight and consequent adverse impact on the value of nearby property.

This section shall be construed liberally and justly to affect its purposes.

4-7-3:            OTHER LAWS, CODES, ORDINANCES, AND REGULATIONS:

This Chapter shall not be construed to prevent the enforcement of other laws, codes, ordinances, and regulations which prescribe standards other than are provided herein, and in the event of conflict, the most restrictive shall apply.

4-7-4:            DEFINITIONS:

Building means a structure built for the support, shelter, or enclosure of a person’s animals, chattels, or movable property of any kind and which is permanently affixed to the ground.

Exterior property areas mean the open space on the premises and on adjoining property under the control of owners or operators of such premises.

Garbage and rubbish means combustible and noncombustible waste materials, and the term shall include the residue from the burning of wood, coal, and other combustible materials, paper, rags, cartons, boxes, wood, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass crockery and dust and other similar materials.

Maintenance means acts of repair and other acts to prevent a decline in the condition of grounds, structures, and equipment; such that the condition does not fall below the standards established by this code and other applicable statutes, codes and ordinances.

Occupant means any person living and/or sleeping in a dwelling unit or having possession of a space within a building.

Operator means any person who has charge, care or control of a structure or premises which is let or offered for occupancy.

Owner means any person, agent, operator, firm, or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.

Person includes a corporation or co-partnership as well as an individual.

Premises mean a lot, plot or parcel of land including the buildings or structures thereon.

Public nuisances include the following:

  1. The physical condition, or uses of any premises, regarded as a public nuisance at common law;
  2. Any physical condition, use or occupancy of any premises or its appurtenances considered an attractive nuisance to children, including, but not limited to, abandoned wells, shafts, basements, excavations and unsafe fences or structures;
  3. Any premises which has unsanitary sewerage or plumbing facilities;
  4. Any premises designated as unsafe for human habitation or use;
  5. Any premises which is manifestly capable of being a fire hazard, or manifestly unsafe or insecure as to endanger life, limb or property;
  6. Any premises which is unsanitary, or which is littered with rubbish or garbage, or which has an uncontrolled growth of weeds; or
  7. Any structure or building that is in a state of dilapidation, deterioration or decay; faulty construction; open or vacant and the doors, windows, or other openings are boarded up or secured, by any means other than conventional methods used in the design of the building or permitted for new construction of similar type; damaged by fire to the extent as not to provide shelter, in danger of collapse or failure and dangerous to anyone on or near the premises.

Renovation means a building and its facilities made to conform to present day minimum standards of sanitation, fire and life safety.

Vacant and neglected means:

  1. Empty; or
  2. Not occupied on a regular basis by an occupant; or
  3. Not used by a person on a regular basis for the usual and customary purposes for which a building is designed and lawfully permitted; or
  4. Not maintained in safe, healthy livable condition.

As used herein, “vacant” shall mean vacant and neglected.

Workmanlike. Whenever the words “workmanlike state of maintenance and repair” are used in this code, they shall mean that such maintenance and repair shall be made in a reasonably skillful manner.

Yard means an open unoccupied space on the same lot with a building extending along the entire length of street, or rear or interior lot line.

4-7-5:            OBLIGATION TO SUBMIT PLAN:

Whenever any building in the city is vacant and such building or premises contains one (1) or more of the public nuisances described in this section, then the owner of such building shall, within ten (10) days of notification, submit a vacant building plan.

4-7-6:            NOTICE OF VACANCY:

The building inspector or other officer of the City or its legal counsel shall provide notice to the owner and person who last paid the general real estate taxes on the building by letter sent by first class mail, return receipt requested, requesting the owner of the building to submit a vacant building plan with the City Administrator.  

4-7-7:            NOTICE OF PUBLIC NUISANCE:

In the event any public nuisance exists in connection with the building or premises thereto then the building inspector or other City officer or its legal counsel shall specify in the notice the existence of such nuisance(s).

4-7-8:            OTHER ENFORCEMENT:

The submission or acceptance of a vacant building plan shall not preclude action by the city to demolish or force rehabilitation of the building pursuant to other provisions of this code or other law.

4-7-9:            VACANT BUILDING PLAN:

A vacant building plan, when submitted shall contain the following:

(a)        A plan of action to repair any doors, windows, or other openings which are boarded up or otherwise secured by any means other than conventional methods used in the design of the building or permitted for new construction of similar type. The proposed repair shall result in openings secured by conventional methods used in the design of the building or by methods permitted for new construction of similar type.

(b)        For buildings and premises thereof which are identified as being or containing public nuisances, then the vacant building plan shall contain a plan of action to remedy such public nuisance(s).

(c)        For each required plan, a time schedule shall be submitted identifying a date of commencement of repair and date of completion of repair for each improperly secured opening and identified nuisance.

(d)       When the owner proposes to demolish the vacant building, then the owner shall submit a plan and time schedule for such demolition.

(e)        A plan of action to maintain the building and premises thereof in conformance with this division.

4-7-10:            APPROVAL OF PLAN:

The building inspector, any officer of the City or its legal counsel shall have sole discretion to approve the proposed vacant building plan. If the City so approves the plan, notice shall be sent to the owner or agent of the vacant building.

4-7-11:            AUTHORITY TO MODIFY PLAN AND APPEAL RIGHT:

The City officials referred to in Section 4-7-10 shall, upon notice to the vacant building owner or agent, have the right to modify the vacant building plan by altering the dates of performance or the proposed methods of action. If the owner or agent of the vacant building objects to the modifications made, such owner shall have the right of appeal to the City Council for final determination.

Such appeal shall be filed with the City Administrator within ten (10) days of receipt of the City’s notice of modification.

4-7-12:            STANDARDS GOVERNING ZONING BOARD OF APPEALS REVIEW:

In considering the appropriateness of a vacant building plan, the City Council shall consider and make findings of fact on the following:

(a)        The purposes of this section and intent of the city council to minimize the period of time a building is boarded up or otherwise vacant;

(b)        The effect of the proposed plan on adjoining property;

(c)        The general economic conditions of the community;

(d)       The financial condition of the owner;

(e)        The cost to implement the proposed plan;

(f)        The length of time the building has been vacant;

(g)        The presence of any public nuisances on the property;

(h)        The relative hardship on or gain to the public as contrasted and compared to the hardship or gain of the owner resulting from approval or modification of the proposed plan;

4-7-13:            DECISION BY THE CITY COUNCIL:

The City Council, after considering the testimony of the building Inspector, the building owner and any interested person, shall render its decision on the owner’s appeal of the building inspector’s modifications to the proposed vacant building plan. The City Council shall have authority to fashion its own vacant building plan or approve the plan submitted by the owner or the plan modified by the City Officials referred to in Section 7-7-10. The decision of the City Council shall be final and constitute the approved vacant building plan.

4-7-14:            FAILURE TO COMPLY WITH PLAN:

Failure to comply with the approved plan shall constitute violation of this section subjecting the owner of the building to penalties upon conviction as provided in this chapter.

4-7-15:            CHANGE OF OWNERSHIP:

The vacant building plan shall remain in effect notwithstanding a change in ownership. The new owner is required to file a new registration with the building inspector, and supply the name and address and telephone number of the new owner(s). The new registration shall be in the same form as the original registration; however, the twenty-five dollar ($25.00) filing fee shall be waived. 

4-7-16:            MAINTENANCE STANDARDS:

(a)       The owner of a vacant building shall comply with the following maintenance requirements in addition to all other City Code provisions:

MOTOR VEHICLES:

An owner of a vacant building and premises thereof shall not permit an inoperable, partially dismantled, wrecked, junked, discarded, abandoned or unlicensed motor vehicle to remain on the premises, unless such vehicle is in an enclosed building, or unless permitted as part of an approved vacant building plan.

BOARDING UP:

No window, door or other opening shall be boarded up or otherwise secured by any means other than conventional methods used in the design of the building or otherwise permitted for new construction of similar type for a period in excess of thirty (30) days unless authorized pursuant to a vacant building plan.

WEATHER COATING:

Any exterior surface which has previously been treated with a weather coating material such as paint or stain shall be maintained in good condition free from faded or peeling paint or other coating material.

LIGHTING:

All exterior lighting fixtures shall be maintained in good repair, and illumination shall be provided to the building and all walkways in the same manner as provided at the time the building was last occupied or as otherwise provided in the approved vacant building plan.

Sign Regulations

(ORDINANCE 2013-15, ADOPTED 10/21/13)

SECTION:

4-8-1:Purpose
4-8-2:Definitions
4-8-3:Penalties
4-8-4:Permits and Regulations
4-8-5:Awnings, Canopies and Marquees
4-8-6:Variances and Appeals

4-8-1:            PURPOSE:

The purpose of this article is to establish the standards for the fabrication and erection of signs and advertising devices within the city. These standards are designed to promote the sale and construction of advertising signs, encourage aesthetic compatibility, and restrict annoying or objectionable displays.

4-8-2:            DEFINITIONS:

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned sign means a sign which advertises goods, products, services or facilities which are no longer available to the public or which directs persons to a location where such goods, products, services or facilities are no longer available.

Area of sign means the area of the largest single face of the sign within a perimeter which forms the outside shape including any frame, forms an integral part of the display, but excluding the necessary supports or uprights on which the sign may be placed. If the sign consists of more than one section or module, all areas will be totaled.

Billboard means outdoor advertising signs which advertise goods, products, or services not necessarily sold on the premises on which the sign is located. Billboards shall be of three main types:

  1. Poster panels or bulletins normally mounted on a building wall, roof or freestanding structure with advertising copy in the form of pasted paper.
  2. Multi-prism signs alternating advertising messages on one displayed area.
  3. Painted bulletins, where the advertiser’s message is painted directly on the background of a wall-mounted, roof or freestanding display area.

Copy means the wording on a sign surface.

Electrical sign means any sign containing electrical wiring which is attached or intended to be attached to an electrical energy source.

Flashing sign means any sign which contains an intermittent or flashing light source, or which includes the illusion of internally-mounted intermittent light source. Automatic changing signs such as public service time, temperature and date signs or electronically controlled message centers are classed as changing signs not flashing signs.

Freestanding sign means a sign erected on a freestanding frame, mast or pole and not attached to any building.

Frontage means the length of the property line of any one premises parallel to and along the public right-of-way it borders.

Height of sign means the vertical distance measured from the adjacent street grade or upper surface of the street curb to the highest point of a sign.

Lot means a parcel of land of sufficient size to meet minimum requirements for use as a building site. Such lots shall have frontage on an improved public street or on an approved private street and may consist of:

  1. A single lot of record.
  2. A portion of a lot of record.
  3. A combination of single lots or portions of lots of record.

Message board means a sign with changeable message, the words and letters being premade and fastened to the sign face by clips, magnets, slotted devices or other means.

Modify (a sign or sign structure) means to change an existing sign by altering the size or illumination, or to alter a sign structure by changing the size or material of the supporting elements.

International Commercial Building Code and International Residential Building Code, govern electrical installations adopted by the City of Farmington. Copies of the accepted code will be kept by the city clerk for public inspection.

Nonconforming sign means any advertising structure or sign which was lawfully erected and maintained prior to such time as it came within the preview of this article and any amendments thereto, and which fails to conform to all applicable regulations and restrictions of this article.

Projecting sign means a sign, other than a wall sign, which is attached to and projects from a structure or building face.

Relocate means to remove and re-erect a sign and/or sign structure from one lot to another or from one position on a lot or building to another.

Sign means any identification, description, illustration, symbol, statute or device, illuminated or non-illuminated, which is visible from any public place designed to advertise, identify or convey information, including any landscaping where letters or numbers are used for the purpose of directing the public’s attention to a product or location with the exception of window displays and city, state, national flags, holiday decorations or political posters. For the purpose of removal, the term “sign” shall also include all sign structures.

Sign structure means any structure which supports, has supported or is designed to support a sign including posts, poles, aboveground footings, cables, chains, brackets and other hardware and appurtenances designed to support a sign. A decorative cover is part of a sign structure.

Wall sign means a sign attached to or erected against a wall of a building, with the face parallel to the building wall and extending not more than one foot therefrom.

4-8-3:            PENALTIES:

Any person, firm or corporation violating any provisions of this article shall be fined not less than $75.00 nor more than $500.00 for each offense and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

4-8-4:            PERMITS AND REGULATIONS:

(a) Sign permit required. No person shall erect, suspend, fasten, relocate or modify any sign within the city without obtaining a permit therefor. These directives shall not be construed to require any permit for a change of copy on any sign, nor for the repainting, cleaning, and other normal maintenance or repair of a sign or sign structure for which a permit has previously been issued.

(b) Permit application. The application for a sign permit shall be made to the city clerk on forms furnished by the city. No permit shall be issued except upon approval of the zoning officer or his representative.

(c) Permit fee. The fee for a sign permit shall be $1.00 per square foot, but not more than $50.00.

(d) Plans and specifications. With the application for a sign permit the applicant shall submit detailed plans and specifications for a projecting or freestanding sign or sign structure exceeding 100 pounds or a wall-mounted sign or sign structure projecting from a wall exceeding 200 pounds under the seal of an architect or structural engineer licensed in the state certifying that the supporting sign structure is adequate to sustain all loads that may reasonably be anticipated and in accordance with applicable building codes. Any sign permit shall be null and void if erection is not commenced within 180 days from the date of issuance of the permit.

(e) Extension over any sidewalk, street or other public place. The maximum extension and minimum clearance over any public place shall be such that the public health, safety and welfare will not be jeopardized. Signs shall not project farther from the property line than the distance normally therefrom to a point within two feet of a perpendicular plane through the back of the curb; provided, however, that the maximum projection over public property shall not exceed eight feet. No sign shall at the lowest point be less than nine feet above the sidewalk or ground line. No post, pole, support, brace or guy wire for any sign shall be placed on public property. No existing sign or display shall be replaced with a new one which will violate this subsection. All signs or displays over public property shall be constructed of noncombustible or fire-retardant materials.

(f) Obstruction to vision. Signs or sign structures of any nature, whether moveable or permanent, shall not be placed on or over city property where it will interfere with the normal vision of persons driving vehicles on any of the city streets or property of the city.

(g) Electric signs. The method and materials to be used in the electrical construction and wiring of all electric signs and displays shall be uniform, and shall be as prescribed by the International Commercial Building Code or the International Residential Building Code. No sign shall be permitted which is animated by means of flashing, scintillating, blinking, or traveling lights or any other means not providing constant illumination.

(h) Abandoned signs. Every abandoned sign or sign face shall be removed or refitted with a blank face within 60 days after it becomes abandoned. Supports, cables, braces, and other structural elements shall be removed within one year of abandonment. The zoning officer or his representative shall notify the sign owner in writing of this requirement, the dates of mandatory compliance and right of hearing under the requirements of due process of the law.

(i) Size limitations. No sign shall be erected whose size exceeds the following limitations:

  1. Billboards shall not exceed 100 square feet in area.
  2. Projecting signs shall not exceed 30 square feet in area per sign face. One projecting sign shall be permitted per business, except where the building fronts on two or more public rights-of-way.
  3. Freestanding signs shall not exceed 50 square feet per face or 100 square feet total area. The highest point of a freestanding sign shall not exceed 25 feet.

(j) Total sign area. Directional or informational signs such as entrance, exit, handicapped designations or other signs that do not advertise a business or commercial activity shall not be considered in calculating the total sign area. In calculating the total sign area, each face of projecting or freestanding signs shall be added.

(k) Message boards. Message boards may be erected as wall-mounted installations or as part of projecting or freestanding sign structures identifying the business. Message boards shall not exceed one-half of the area of the principal sign identifying the business.

(l) Moving signs. No sign or portion thereof shall be permitted which spins, rotates or moves either mechanically or purposefully propelled by wind, solar power or other means, except for the rotation of barber poles.

(m) Rooftop signs. No sign of any type shall be mounted on the roof of any building. The highest point of any sign shall be at least two feet below the highest point on the building to which it is attached.

(n) Nonconforming signs. A sign shall be deemed to be nonconforming by virtue of its size, height, setback, illumination, animation or other deviation from the regulations of this Code. Nonconforming signs may remain in use provided they are maintained in good repair except as follows:

  1. Whenever a sign is damaged to an extent of 50 percent of its replacement value.
  2. Whenever a sign is relocated to another building or building site.
  3. Whenever a sign or sign structure is abandoned for a period of one year.

(o) Sign maintenance and repair. All signs shall be maintained in good condition. Signs shall be kept neatly painted, including sign supports that are not of corrosion-resistant materials. The zoning officer, or his authorized representative, shall notify the owner of any dilapidated sign of its condition and order the repair of the same within ten days.

(p) Realtors signs. Signs advertising the sale or rental of property may be placed on the same building lot as the property for sale or rent, provided:

  1. Signs shall not extend over public property.
  2. Signs shall not exceed six square feet in residential areas, classified as R, R-1, or nonconforming, according to the permanent zoning ordinance of the city.
  3. Signs shall not exceed 32 square feet in areas classified as commercial or industrial according to the permanent zoning ordinance of the city.
  4. Sign permits are not required for realtor’s signs.

(q) Advertising on benches, planters or satellite dishes and trash receptacles. Advertising signs located on benches, planters, trash receptacles or other appurtenances shall conform to the requirements of this article. Such signs shall be located on private property and shall be securely fastened to prevent relocation or tipping and a permit shall be obtained.

(r)        Flexible banners. Flexible banners containing printed messages shall be permitted subject to the following regulations:

  1. No more than two flexible banners will be permitted at a business site at one time.
  2. All flexible banners will be firmly attached to a building wall or other firm anchor so as to minimize wind movement and prevent them from being a distraction to motorists.
  3. No single flexible banner shall exceed 50 square feet per face in size.
  4. Flexible banners may remain in place as long as they are firmly anchored and in good repair.
  5. The owner or possessor of a banner who is notified in writing by the city building official that the banner does not conform to the requirements of this Code shall remove the same within five days of receiving such notice. The owner or possessor of such banner may appeal the order of the building official within five days of receiving such notice to the zoning officer by filing a written appeal with the city clerk within such five-day period. The zoning officer will hold an informal hearing on the appeal with the appellant within 15 days after the appeal is filed with notice to both parties. The zoning officer will issue a written ruling as soon as possible after the hearing. The order of removal issued by the building official will be stayed during the appeal.
  6. No permit is required for flexible banners.

(s)         Contractor signs. Signs advertising the name of the company engaged in new construction or remodeling in residential areas, classified as districts A, B or nonconforming, shall not exceed 16 square feet. Such signs shall be located entirely on private property where such construction occurs. Contractor signs situated in areas classified as commercial or industrial shall not exceed 32 square feet. Sign permits are not required for contractor signs.

(t)        Downtown sign zone.  Notwithstanding any other provision of this Article or any other ordinance of the City to the contrary, business signs that project horizontally or vertically more than 18 inches from the front or side of a building façade or from a free standing pole, are prohibited in the Downtown Business District of the City of Farmington. (DELETED IN IT’S ENTIRETY AND REPLACED BY THE FOLLOWING:

(t)      Downtown Historical Preservation District Sign Zone: Notwithstanding any other provision of this Article or any other ordinance of the City to the contrary, projecting business signs shall be subject to the following provisions:

  1. The sign does not extend above the parapet wall or roofline.
  2. The lowest point of the sign is a minimum of Nine (9) feet above the sidewalk or ground surface.
  3. The sign’s inner edge does not exceed two (2) feet from the building.
  4. The sign size is restricted to one (1) sq. ft. per linear foot of street frontage not to exceed 30 square feet.
  5. One projecting sign is permitted per building with the exception of corner buildings with frontage on two city streets, where one sign will be allowed per street frontage.  Structures housing second floor tenants are allowed one protruding sign above their street facing entrance, and are subject to all provisions of the section.
  6. All projecting signs erected in the Downtown Historic Preservation District shall be installed by a company that is engaged in the business of sign installation and shall provide to the City of Farmington the following:
    • Bond and certificate of insurance. No permit for a sign being installed by a sign company shall be issued to any person for the purpose of erecting an authorized sign unless the company has on file with the city a bond in the amount of five thousand dollars ($5,000.00). The bond is conditioned upon the proper installation of the sign and payment of all fees and/or penalties as implemented by this Code. A company that is engaged in the business of signs shall provide to the city a certificate of insurance for liability in the amount of one hundred thousand dollars ($100,000.00) per person, three hundred thousand dollars ($300,000.00) per occurrence and one hundred thousand dollars ($100,000.00) for property damage.
    • Plans and specifications. With the application for a sign permit the applicant shall submit detailed plans and specifications for a projecting or freestanding sign or sign structure exceeding 100 pounds or a wall-mounted sign or sign structure projecting from a wall exceeding 200 pounds under the seal of an architect or structural engineer licensed in the state certifying that the supporting sign structure is adequate to sustain all loads that may reasonably be anticipated and in accordance with applicable building codes. Any sign permit shall be null and void if erection is not commenced within 180 days from the date of issuance of the permit
  7. All Sign Permit Applications for projecting signage in the Downtown Historic Preservation District must also have approval of the Farmington Special District Advisory Commission (SDAC) prior to a sign permit being issued.
    (ORDINANCE 2014-04 PASSED 02/17/14).

4-8-5:            AWNINGS, CANOPIES AND MARQUEES:

(a) Definitions. Terms used in this section mean as follows:

Adjustable awning means any entrance or window covering, constructed of wood, metal, plastic, canvas or rubber, or constructed in whole or in part of other combustible material, projecting from the exterior surface of the wall of a building, and capable of being raised or lowered by means of ropes or a mechanical device.

Canopy and marquee mean any fixed entrance or window covering constructed of metal, glass, plastic or other noncombustible rigid material, projecting from the exterior surface of the wall of a building. Combustible materials and noncombustible materials mean as follows:

  1. Those materials which will not ignite at or below a temperature of 1,200 degrees Fahrenheit and will not continue to burn or glow at that temperature shall be termed noncombustible materials.
  2. All other materials shall be termed combustible materials.

Fixed awning means any entrance or window covering, constructed of wood, metal, plastic, canvas or rubber or constructed in whole or in part of other combustible material, projecting from the exterior surface of the wall of a building, and not capable of being raised and lowered.

(b) Adjustable awnings. No adjustable awning shall project more than six feet from the exterior wall of a building into the public easement for street or sidewalk purposes. Every adjustable awning constructed or placed over any sidewalk shall be at least nine feet above the sidewalk at its lowest point, provided, that a hanging border of canvas or similar material may drop vertically to a point not less than seven feet above the sidewalk. All adjustable awnings shall be supported without posts by metal brackets or by a metal frame firmly attached to the building so as to leave the sidewalk wholly unobstructed thereby.

(c) Fixed awnings. No fixed awnings shall be permitted to project into the public easement for street or sidewalk purposes.

(d) Canopies and marquees.

  1. Canopies and marquees shall be constructed of metal, glass, plastic or other noncombustible material, and shall be supported entirely by metal frames and supports. The roof of such canopy or marquee may be of metal or of iron or glass supported in metal frames.
  2. All canopies and marquees shall be supported with chain, cables or metal supports properly secured to the building independent of the sidewalk.
  3. Provision shall be made in all canopies and marquees to carry water from the canopy and marquee.
  4. There shall be no post or support connecting the canopy or marquee with a public sidewalk.
  5. The lowest portion of any canopy or marquee, including supports thereof, shall be not less than nine feet above the sidewalk.
  6. The maximum extension and minimum clearance over any public place shall be such that the public health, safety and welfare will not be jeopardized and in no event shall any marquee project farther from the property line than the distance normally therefrom to a point within two feet of a perpendicular plane through the back of the curb; provided, however, that the maximum projection over public property shall not exceed six feet. No marquee shall at the lowest point be less than nine feet above the sidewalk or ground line. No post, pole, support, brace or guy wire for any marquee shall be placed on public property. All marquees over public property shall be constructed of noncombustible materials.

(e) Inspection. All awnings, canopies and marquees shall be subject to inspection by the city engineer at any time.

(f) Permit for the construction of canopies or marquees. No canopy or marquee shall be constructed or erected until a permit for the same shall have been obtained from the city clerk. Prior to the issuance of such permit, the applicant shall submit detailed plans and specifications for any canopy or marquee exceeding 100 pounds under the seal of a licensed architect or engineer certifying the canopy or marquee is structurally capable of sustaining such loads as may reasonably be anticipated in accordance with the building code of the city. The city engineer shall examine such plans and specifications and shall determine whether such canopy or marquee can be erected with safety to the public and without undue inconvenience to owners of adjoining property or to the public. He shall report all findings to the zoning officer who shall then approve or disapprove such application based on such report and his own findings. The fee for such permit shall be $1.00 per square foot of the projected horizontal area but not more than $50.00.

(g) Nonconforming awnings, canopies and marquees. Any awning, canopy or marquee shall be deemed to be nonconforming by virtue of its noncompliance with the article. Nonconforming awnings, canopies and marquees may remain in use provided they are maintained in good repair, except as follows:

  1. Whenever an awning, canopy or marquee is damaged to an extent of 50 percent of its replacement value.
  2. Whenever an awning, canopy or marquee is relocated to another building or building site.

(h) Maintenance and repair. All awnings, canopies or marquees shall be maintained in good condition. The zoning officer, or his authorized representative, shall notify the owner of any dilapidated awning, canopy or marquee of its condition and order the repair of the same within ten days.

(i) Advertising messages on awnings, canopies and marquees. Messages or advertising printed or otherwise affixed to awnings, canopies or marquees shall meet the requirements of existing sign regulations. Messages, words, symbols, logos or other advertising shall not exceed 50 percent of the surface area of the awnings, canopies or marquees. A separate sign permit is not required; however, sufficient information of the size and location of the advertising message shall be submitted to determine compliance with sign regulations.

4-8-6:            VARIANCES AND APPEALS:

(a)   If an application for a sign permit is denied by any city officer, or his representative, such denial shall include a specific written notice citing the reason for the denial. The applicant or assignee may appeal the denial and make application for a variance from the regulations as follows:

  1. Application shall be made, in writing, to the city clerk citing the reason for the variance or appeal and enclosing such plans, maps, drawings and correspondence as pertinent to the request. Such application shall be accompanied by a filing fee of $30.00. Such application shall include the name and address of the applicant, the address and legal description of the property upon which the variation or appeal is requested and the specific section of this article to which the variance or appeal is requested.
  2. After proper receipt and acceptance of the application for variance, the City Administrator shall set a public hearing of the Farmington Zoning Board of Appeals who shall review the application and render a decision which will be forwarded to the next regular meeting of the Farmington City Council.

Fire Department

SECTION:

5-1-1:Composition of Department
5-1-2:Company Organization
5-1-3:Organization of Fireman
5-1-4:Qualification of Fireman
5-1-5:Refusal to Obey Fire Marshal; Injury to Department
5-1-6:Restrictions
5-1-7:Compensations
5-1-8:Committee on Fire and Water
5-1-9:Maintenance of Apparatus

5-1-1:               COMPOSITION OF DEPARTMENT: The Fire Department of the City shall consist of a Fire Marshal and the several officers and members of the various fire companies that may from time to time be organized with the consent and direction of the Council. (R.O. 1911, Sec. 180)

5-1-2:               COMPANY ORGANIZATION: Person desiring to organize under the preceding Section may form hose and hook and ladder companies. (R.O. 1911, Sec. 181)

5-1-3:               ORGANIZATION OF FIREMAN: The several companies that shall form the form the Fire Department, organized under this Chapter, shall be allowed to elect their own officers and to adopt their own organization, subject to the provisions of this Code; provided, that the form of organization and all rules thereunder shall in every case be submitted to the Council and approved thereby before being in force. (R.O. 1911, Sec. 187)

5-1-4:               QUALIFICATION OF FIREMAN: Each company shall consist of not less than ten (10) nor more than fifteen (15) men, and no person shall become a member of any company who is not an actual resident of the City, nor unless he is an active, able bodied man between the ages of eighteen (18) and fifty (50) years and of temperate and steady habits. (R.O. 1911, Sec. 188)

5-1-5:               REFUSAL TO OBEY MARSHAL; INJURY TO DEPARTMENT: The Fire Marshal shall have full control of all the fire apparatus of the Department at all tome, subject to the directions of the Council or its proper committee, and every member of said Department shall obey his orders at all times when acting in such capacity. Any member of the Department who shall willfully disobey any such orders, or shall willfully, by omission or commission, work to the injury of the Department, or to the damage of any public or private property, shall be dropped from the roll of the Department, in addition to any fine the Department may impose. (R.O. 1911, Sec. 189)

5-1-6:               RESTRICTIONS: No member of the Fire Department shall let out or suffer or permit any person to take the wrenches furnished by the City to the Fire Department to be used by the Department, nor to suffer or permit any of said wrenches or other property to be taken from the hose house of such Department, except as they shall accompany the hose carts to which they belong upon occasions of fire or other occasions connected with the Fire Department.

5-1-7:               COMPENSATION: There shall be paid out of the City Treasury to the officers of the Fire Department, authorized to receive it, the sum of ten dollars ($10.00) for each and every fire at which the Department shall render actual service, which amount shall go into the Treasury of the Department to be used towards meeting the general expenses of the Department. (R.O. 1911, Sec. 191)

5-1-8:               COMMITTEE ON FIRE AND WATER: The Committee on Fire and Water of the Council shall have the general supervision of the Fire Department, and shall report to the Council from time to time, or whenever requested to do so, the condition of all fire apparatus of the Department, and of the buildings in which the same may be kept; and shall recommend such improvements or changes as they may deem necessary. They shall also examine into and report as to the condition of the Department, and whether their organization is sufficiently preserved, their records properly kept, their rules and regulations duly observed by the members and a compliance therewith strictly enforced by the Department. (R.O. 1911, Sec. 192)

5-1-9:               MAINTENANCE OF APPARATUS: The Fire Department shall appoint some member or members whose duty it shall be to keep all the fire apparatus and buildings in which the same may be kept, clean and in good order, and upon failure of such person or persons to keep the same in good order; it shall be the duty of the Committee on Fire and Water of the Council to lay complaint in all such cases. (R.O. 1911, Sec. 194)

Fire Regulations

SECTION:

5-2-1:Fire Limits
5-2-2:Prohibited Construction
5-2-3:Fire Prevention Code Adopted
5-2-4:Definitions for this Chapter
5-2-5:Burning of Garbage, Debris / Refuse Prohibited
5-2-6:Burning of Landscape Waste Restricted
5-2-7:Recreational Fires Permitted
5-2-8:Bonfires Restricted
5-2-9:Fires Prohibited and or Extinguishment
5-2-10:Penalties

5-2-1:               FIRE LIMITS: All that portion of the City bounded as follows shall be known and designated as the fire limits:

Beginning at a point in the center of West Street 293.75 feet north of the center of Fort Street, thence running east 1,056 feet, thence south 578 feet, thence west 1,056 feet, thence north 578 feet to the place of beginning. *1 (R.O. 1911, Sec. 78)

5-2-2:               PROHIBITED CONSTRUCTION: No building or structure of any kind or description shall be erected or constructed within the fire limits, except as hereinafter provided, unless the outside and party walls thereof shall be composed of brick, stone or other incombustible material. (R.O. 1911, Sec. 79)

5-2-3:               FIRE PREVENTION CODE ADOPTED: There is hereby adopted for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain Code known as the Fire Prevention Code recommended by the American Insurance Association, being particularly the 1965 Edition thereof, which Code has been and now is filed in the office of the Clerk and the same is hereby adopted and incorporated as fully as if set out at length herein, and the provisions thereof shall be controlling within the limits of this City. (1969 Code)  

5-2-4:               DEFINITIONS: For the purpose of this Chapter the following terms shall have the definitions herein ascribed to them:

GarbageThe term “garbage” as used in this Chapter shall be held to mean and include waste resulting from the handling, preparation, cooking and consumption of food, waste from handling, storage and sale of produce.
Debris/RefuseCombustible trash including but not limited to paper, cartons, boxes, cardboard, barrels, structural building materials, dimensional lumber and wood furniture
Landscape WasteAny vegetable or plant refuse, except garbage and agricultural waste. This term includes trees, tree trimmings, branches, stumps, brush, weeds, leaves, grass, shrubbery, and yard trimmings.
Open BurningThe combustion of any matter in such a way that the products of the combustion are emitted to the open air without originating in or passing through equipment for which a permit could be issued under Section 9(b) of the Environmental Protection Act of the State of Illinois
Recreational FireA small outdoor fire, not to exceed five (5) feet in diameter, for the purpose of viewing, warming, cooking food for human consumption, or for ceremonial purposes, using only seasoned dry firewood or commercially available charcoal briquettes.
BonfireA large outdoor fire exceeding five (5) feet in diameter, for the purpose of viewing or for ceremonial purposes, using only seasoned dry firewood.

5-2-5:                          BURNING OF GARBAGE, DEBRIS / REFUSE PROHIBITED:

It shall be unlawful for any person to burn at any time Garbage or Debris / Refuse as these terms are defined in this section.

5-2-6:                           BURNING OF LANDSCAPE WASTE RESTRICTED:

It shall be unlawful for open burning of  landscape waste, except that landscape waste may be burned during the months of October, November, March, April, May and June; provided, however, the following conditions are met:

(A) The open burning of landscape waste shall be permitted on private property, with the consent of the owner or person in charge of the property.

(B) The open burning of landscape waste is not permitted on lanes, parking areas, alleys and all paved surfaces under the jurisdiction of the City of Farmington. The smoke and or embers emitted from such burning shall not inhibit the flow of smooth and safe vehicular or pedestrian traffic passage.

(C) No person shall burn any landscape waste unless such fire is at least twenty feet (20′) from any structure.

(D) Any fire resulting from the open burning of landscape waste shall be constantly attended by a competent person until such fire is extinguished.

(E)  The open burning of landscape waste is limited to the hours of daylight to dusk.

5-2-7:                           RECREATIONAL FIRES PERMITTED:

Recreational fires are permitted within the corporate boundaries of the City with the following conditions:

(A) Recreational burning shall be permitted on private property, with the consent of the owner or person in charge of the property.

(B) Recreational burning is not permitted on lanes, parking areas, alleys and all paved surfaces under the jurisdiction of the City of Farmington. The smoke and or embers emitted from such burning shall not inhibit the flow of smooth and safe vehicular or pedestrian traffic passage.

(C) No person shall have a recreational fire unless such fire is at least twenty feet (20′) from any structure.

(D) Recreational fires shall be permitted only if constantly attended by a competent person until such fire is extinguished.

(E) Recreational fires may consist of only natural wood, limbs and logs.

5-2-8:                           BONFIRES RESTRICTED:

Recreational or Ceremonial bonfires are permitted within the corporate boundaries of the City with the following conditions:

(A)  Notification of such bonfire shall be reported to the Chief of Police a minimum of (5) five days prior to the planned event.  An inspection of the burn site is required by the Police Chief and or his designate to ensure the following conditions exist:

(B) Recreational or Ceremonial bonfires shall be permitted on private property, with the consent of the owner or person in charge of the property and the Chief of Police.

(C) Recreational or Ceremonial bonfires are not permitted on lanes, parking areas, alleys and all paved surfaces under the jurisdiction of the City of Farmington. The smoke and or embers emitted from such burning shall not inhibit the flow of smooth and safe vehicular or pedestrian traffic passage nor endanger the health, safety or personal property of another.

(D) No person shall have a Recreational or Ceremonial bonfire unless such fire is at least 100 feet (100′) from any structure.

(E) Recreational or Ceremonial bonfires shall be permitted only if constantly attended by a competent person until such fire is extinguished.

(F) Recreational or Ceremonial bonfires may consist of only natural wood, limbs and logs.

5-2-9:                           FIRES PROHIBITED AND OR EXTINGUISHMENT:

(A) The police chief or his designee shall prohibit and or demand extinguishment of any open burning of landscape waste, a recreational fire and a bonfire when the atmospheric conditions or other conditions at the location of the fire constitute a hazard, which include environmental, health or safety hazards, and shall have the authority to demand the fire be extinguished by the competent person attending the fire.  Should the competent person not have the means to extinguish the fire, the Fire Department will be summoned to extinguish the fire.  In such case, any partial and or all expenses incurred with the said extinguishment may be recovered of the person so offending.

5-2-10:                         PENALTY:

The provisions of this Chapter of the Farmington City Code are hereby categorized as CLASS 2 offenses as, described in ordinance 1-4-1.  Any person violating any provision of this Chapter may be fined a CLASS 2 violation for each offense.  Each day a violation continues shall be deemed a separate offense.

  1. Not available

Explosives

SECTION:

5-3-1:(Rep. by Ord. 75-1; 2-10-75)
5-3-2:Powder
5-3-3:Manufacture of Explosives Prohibited
5-3-4:Keeping of Dynamite and Giant Powder Prohibited

5-3-1:               (Rep. by Ord. 75-1; 2-10-75)

5-3-2:               POWDER: Retailers of gunpowder may keep or store no to exceed twenty-five (25) pounds of gunpowder in any storehouse, shop or place within the corporate limits of the City. The gunpowder so stored or kept shall be kept in closed tin or copper canisters, No retailer of gunpowder, his clerk of agent, shall be permitted to sell, retail or give away the same within the City limits by or near any artificial lights or lamps. (R.O. 1911, Sec. 157)

5-3-3:               MANUFACTURE OF EXPLOSIVES PROHIBITED: It shall be unlawful for any person to manufacture within the limits of the City any explosive material or compound, to be used for any purpose, the manufacture of which will be dangerous to life or property. (R.O. 1911, Sec. 159)

5-3-4:               KEEPING OF DYNAMITE AND GIANT POWDER PROHIBITED: It shall be unlawful to store or keep in any building or other place within the corporate limits of the City, dynamite in quantities exceeding one hundred (100) pounds, giant powder in quantities exceeding one hundred (100) pounds, and such shall be stored in iron boxes outside of building used for store or mercantile purposes. (R.O. 1911, Sec. 160)

Fireworks

SECTION:

5-4-1:Sale Prohibited
5-4-2:Exceptions, Permit

5-4-1:               SALE PROHIBITED: The sale, use, manufacture or possession of the following articles of fireworks is hereby prohibited at all times within the City limits, except for special display purposes, provided for in Section 5-4-2 of this Chapter. *1

(A)       Toy torpedoes more than seven-eighths of an inch (7/8”) in length or more than three-fourths of an inch (3/4”) in outside diameter and container more than five (5) grains of explosive mixture.

(B)       Toy pistol paper caps containing more than thirty fine hundredths (.35) grain of explosive mixture.

(C)       Firecrackers and salutes exceeding two inches (2”) in length or nine-sixteenths of an inch (9/16”) in outside diameter, and containing in any case more than ten (10) grains of explosive mixture.

(D)       Sky rockets larger than those commercially designated as two (2) pound size.

(E)       Balloons, parachutes or like articles, carrying flaming substance.

(F)       Any toy cannon, cane, pistol, or other device designated for the purpose of exploding blank cartridges or gunpowder.

(G)       Any article containing a compound or mixture of yellow of white phosphorous or mercury.

(H)       Fireworks containing an ammonium salt combination with a chlorate or per chlorate.

(I)        Fountains throwing a display more than ten feet (10’) in height. (J)        Explosive fireworks in which the explosive compound is contained in a casing composed of a material harder than an ordinary paper case

5-4-2:               EXCEPTIONS, PERMIT: Upon written permission secured from the Mayor, fireworks may be sold and used for public or private use and exhibition of fireworks in connection with fairs, carnivals or other celebrations. Fireworks being held in storage for such exhibitions must be kept in a closed wooden box, or covered with tarpaulin, until they are to be used. *2 (Ord. 377, 6-1-53)

  1. S.H.A. Ch 127 ½, 101 et seq.
  2. S.H.A. Ch. 24, 11-8-4

Police

SECTION:

6-1-1:Appointment
6-1-2:Oath, Bond
6-1-3:Compensation
6-1-4:Auxiliary Police
6-1-5:Special Policeman – Deleted (Ordinance 2007-10).
6-1-6:Superior Officer
6-1-7:Power to Arrest
6-1-8:Serving Process Within City
6-1-9:Form of Commission
6-1-10:Appointment and Removal of Police Chief and Members
6-1-11:Administrative Fee
6-1-12:Part time Officers

6-1-1:               APPOINTMENT: The Mayor by and with the consent of the Council, shall, on the first Monday of May of each year, or as soon thereafter as may be, appoint such number of policemen as the Council by resolution may determine to be necessary, who shall hold their offices for the Municipal year in which they are appointed unless sooner discharged by the Mayor who shall have the right to remove from office any police-watchman or special policeman when in his discretion he may deem it necessary.

No police chief or full-time police officer shall be employed with any other police department or in any other law enforcement or security related job in title or in fact while employed by the City of Farmington without the consent of the Chief of Police, Mayor or City Council. With respect to consent for the Police Chief, such consent needs to be obtained from the Mayor or City Council. Section 27 of the Human Resource Guide is hereby amended accordingly by deleting its current language and inserting the above provisions.  (Ordinance 2020-22 12/21/20)

6-1-2:               OATH; BOND: Each policeman shall, before he enters upon the duties of his office, take and subscribe the oath provided by law for City officers, and shall give bond to the City in the penal sum of one thousand dollars ($1,000.00) with such sureties as the Council shall approve, conditioned for the faithful performance of the duties of the office. *1

6-1-3:               COMPENSATION: Police appointed under Section 6-1-1 of this Chapter shall receive only such compensation for their services as the Council shall designate by resolution at the time of their appointment.

6-1-4:               AUXILIARY POLICE: The City of Farmington may create an auxiliary for the purposes of assisting police officers with traffic control, surveillance or any routine duties not specified as conservators of the peace as outlined in 65ILCS 5/3.1-15-25.  Members of the auxiliary police will be appointed by the Mayor with the consent and approval of the City Council based on the recommendation of the Chief of Police.  All members of the auxiliary police shall have the duties and restrictions under 65 ILCS 5/3/1-30-20. (Ordinance 2007-10).        

6-1-5:               SPECIAL POLICEMEN: Deleted in its entirety (Ordinance 2007-10).

6-1-6:               SUPERIOR OFFICER: Every policeman, shall be under command of the Chief of Police to whom he shall report all persons known to be gamblers, receivers of stolen property, thieves, burglars or disorderly persons, and also all unlawful or disorderly houses or places within said City coming to their knowledge, as well as violators of the laws of the State or the provisions of this Code, reported to him or of which he may be cognizant; and when it shall come to the knowledge of any policeman that any provision hereof has been violated, such policeman shall forthwith cause a complaint to be made before a proper officer within the City, and the proper witnesses to be subpoenaed, and evidence procured for the successful prosecution of the offender. It shall be the duty of the Chief of Police and policeman to serve promptly all warrants of other process issued in any cause pending under any law of the City before any officer.
Amended (Ordinance 2007-10).

6-1-7:               POWER TO ARREST: Every policeman together with the Chief of Police, and all persons possessing the power and authority of policeman, shall have the power to arrest all persons in the City found in the act of violating any law or provisions hereof, or aiding or abetting in any such violations, and shall arrest all persons found under suspicious circumstances and take all persons so arrested to the City jail until they can be brought before the proper officer or court for trial or examination.

6-1-8:               SERVING PROCESS WITHIN CITY: The Chief of Police and policemen shall have the power and authority, within the corporate limits of the City, to serve and execute warrants and other legal process for the apprehension and commitment of person charged with or held for the commission of any crime or misdemeanors, or the violation of any law of provisions of the City, and while serving or executing or assisting in the service or execution of any such warrant or legal process, they shall be vested with all the common law and statutory powers and authority of constables for such purposes.

6-1-9:               FORM OF COMMISSION: The form of the commission issued to all policemen, watchmen, special police and other officers possessing the power and authority of policemen shall be in the following form:

OFFICIAL COMMISSION

State of Illinois         )
City of Farmington,  )  ss.
County of Fulton.     )

TO ALL TO WHOM THESE PRESENTS SHALL COME:

KNOW YE, That                     , having been duly                 to the office in and for the City of Farmington in the County of Fulton and State of Illinois, for the term beginning on the                  day of               A.D. 19    , and extending to the day of               A.D. 19        , and until his successor shall have been duly appointed and qualified, and having taken the oath of office and entered into bonds with sureties as required by law, is hereby Commissioned and Invested with Authority to assume and perform all the duties of said office according to Law and the Ordinances of said City, and all persons are required to respect him in the discharge of said duties.


(SEAL)

IN TESTIMONY HEREOF, This warrant is signed by the Mayor and the Clerk of said City, and the Corporate Seal thereof if hereunto affixed this           day of          A.D. 19      .

                               Mayor.

ATTEST:
                                  City Clerk.
(Ord. 173; 6-5-22)

6-1-10:             APPOINTMENT AND REMOVAL OF POLICE CHIEF AND MEMBERS:

(A)       Henceforth, from the effective date hereof, the City Council shall appoint to the Police Department the Chief of Police.

(B)       The Board of Police Commissioners is hereby divested of the power of appointment of the Chief of said police Department pursuant to Illinois Revised Statutes, chapter 24, paragraph 10-2.1-4.

(C)       The City Council shall have the right, pursuant to Illinois Revised Statutes, chapter 24, paragraph 10-2.1-17 to remove or discharge any persons appointed by said Council.

(D)       Appointment of the Chief of Police to said Police Department shall require a majority vote of the City Council.

(E)       Removal of discharge of said person previously appointed in any capacity to the Police Department, shall require the following:

  1. That the Chief of the Police Department be removed or discharged except for cause, upon written charges, and after an opportunity to be heard in his own defense.
  2. That within a reasonable period of time said action shall be presented to the City Council along with the reason for such removal, and such removal or discharge shall not become effective unless confirmed by a majority vote of said Council.
  3. That the City reserves the right to make and promulgate rules regarding the conduct of Chief of the Police Department and to impose such penalties and sections including removal and discharge as it deems proper under the circumstances.
  4. That the Chief of Police shall perform the duties described in the personnel and policy manual approved each year by the City Council. (Ord. 87-7, 10-5-87)

6-1-11:             WARRANT PROCESSING ADMINISTRATIVE FEE: The Farmington Police Department MAY impose an administrative fee of twenty-six dollars ($26.00) to individuals processed at the Farmington Police Department. The fee will be payable upon the time of release of said warrant. (Ord. 03-09, 06-26-03)

PART-TIME OFFICERS.

Section 6-1-12, Part Time Officers, is hereby added to the Farmington City Code at the location specified in the title of this Ordinance, which is incorporated herein by this reference and shall read as follows:

A. Employment.  The City of Farmington may employ part-time police officers from time to time as it deems necessary.

B. Duties.  A part-time police officer shall have all the responsibilities of a full-time police officer and such specific duties as delineated in the General Orders of the Farmington Police Department, but the number of hours a part-time officer may work within a calendar year is restricted to 950 hours per calendar year or less.  Part-time police officers shall not be assigned to supervise or direct full-time police officers.  Part-time police officers shall be trained in accordance with the Illinois Police Training Act (50 ILCS 705/1 et. seq.) and meet the rules and requirements of the ILETSB.

C. Hiring Standards.  Any person employed as a part-time police officer must meet the following standards:

  1. Be of good moral character, of temperate habits, of sound health, and physically and mentally able to perform assigned duties.
  2. Be at least twenty-one (21) years of age.
  3. Pass a medical examination.
  4. Possess a high school diploma or GED certificate.
  5. Possess a valid State of Illinois driver’s license.
  6. Possess no prior felony convictions.
  7. Any individual who has served in the U.S. military must have been honorably discharged.

D. Discipline.  Part-time officers shall be under the disciplinary jurisdiction of the chief of police and City Council, including the Mayor.  Part-time police officers serve at the discretion of the City authorities, shall not have any property rights in said employment, and may be removed by the City authorities at any time.  Part-time police officers shall comply with all applicable rules and General Orders issued by the Police Department.

(Ordinance 2012-08, Passed 06/04/2012).

  1. S.H.A. Ch. 24, 3-14-3

Misdemeanors

SECTION:

6-2-1:Admission Fees, Fraudulently Avoiding Payment of
6-2-2:Animals, Cruelty to
6-2-3:Assault
6-2-4:Battery
6-2-5:Barbed Wire and Electric Fence
6-2-6:Discharging Firearms, Fireworks Bow Regulations
6-2-7:Disorderly Conduct
6-2-8:Expectorating in Public
6-2-9:Injurious Material on Thoroughfares, Deposits of
6-2-10:False Pretenses
6-2-11:False Presentation
6-2-12:Mufflers; Unnecessary Noise
6-2-13:Offense, Aid to An
6-2-14:Posting Handbills, Notices
6-2-15:Property, Malicious / Reckless Injury to
6-2-16:Resisting an Officer
6-2-17:Riot
6-2-18:Trespassing
6-2-19:Unauthorized Solicitations
6-2-20:Consumption or Use of Alcoholic Liquor on City Property
6-2-21:Obscenity
6-2-22:Distributing Harmful Material to Minors
6-2-23:Noises Prohibited
6-2-24:Noises Declared Nuisances
6-2-25:Exceptions
6-2-26:Fines for Violations
6-2-27:Possession of Marijuana Prohibited
6-2-28:Possession of Drug Paraphernalia Prohibited
6-2-29:Penalty
6-2-30:Banning of Synthetic Alternative Drugs
6-2-31:Sale or Delivery of Synthetic Alternative Drugs
6-2-32:Possession of Synthetic Alternative Drugs
6-2-33:Use of Synthetic Alternative Drugs
6-2-34:Penalties on Synthetic Drugs
6-2-35:Possession / Sale of tobacco to a minor

6-2-1:               ADMISSION FEES, FRAUDULENTLY AVOIDING PAYMENT OF: It shall be unlawful for any person fraudulently to enter, without payment of the proper admission fee, any theater, ballroom, lecture, concert or other place where admission fees are charged; provided, however, that nothing herein contained shall be deemed to prohibit or restrict the free admission of police officers engaged in the performance of police duties to any place of public entertainment or amusement.

6-2-2:               ANIMALS, CRUELTY TO: It shall be unlawful for any person to torture or beat cruelly, starve or otherwise ill-treat any animal in his care or charge, whether belonging to himself or any other person or entity.

6-2-3:               ASSAULT: It shall be unlawful for any person to engage in conduct, without lawful authority, which places another in reasonable apprehension of receiving a battery.    

6-2-4:               BATTERY: It shall be unlawful for any person to intentionally or knowingly without legal justification and by any means,

(A)       Cause bodily harm to an individual, or

(B)       Make physical contact of an insulting or provoking nature with an individual.

6-2-5:               BARBED WIRE AND ELECTRIC FENCES: I shall be unlawful for any person to erect or maintain any electric fence or any fence constructed in whole or part of barbed wire or to use barbed wire as a guard to any parking lot or parcel of land. However, barbed wire may be used along the top of a fence for security reasons of such barbed wire is a minimum of six feet (6’) from the ground as measured vertically from the bottom of the fence.

6-2-6:               DISCHARGING FIREARMS, FIREWORKS AND BOWS:

A. It shall be unlawful for any person to fire or discharge any firearm within the City limits, except for the discharge of firearms by any City Officer or other person in conducting their legal duty.

B. It shall be unlawful for any person to set off, fire or explode any fireworks within the City limits unless done so pursuant to permit properly issued as provided in this Code.

C. It shall be unlawful for any person to fire or discharge any type of bow, compound bow or cross-bow or any other device to project or throw an arrow while on any public grounds.

D. The firing or discharging of any type of bow, compound bow or a cross-bow within the City shall be permitted on private property with the following requirements:

  1. The private property owner of the property should have knowledge of the firing / discharging of a bow, compound bow or a cross bow on the property and allows the practice.
  2. All shots must be aimed toward a target owned by the property owner or tenant, and the target must be on the archer’s property.  The target must be maintained in good condition, which means capable of stopping arrows no matter where they strike.
  3. A backstop must be used and positioned on the archer’s property to prevent any arrow missing a target from crossing into or over neighboring property, unless the neighbor has provided written permission for the archer to trespass.
  4. The backstop must be installed five feet behind the target, and must extend five feet beyond both sides of the target.  The required height of the backstop must reach five foot from the target top.
  5. A backstop can be built using a manmade or natural barrier.  Types of backstop can have one of the following descriptions:
    • a)    Earthen Berm:  An earthen or stone berm behind the target.
    • b)    Netting: A net hung behind of a target.  Typical netting is made of Kevlar and is 8-feet, 3-inches in height.  Netting should be loosely hung and on a well-secured metal or wooden posts.
    • c)    Natural Barriers: Shooting toward a hill or ravine located behind of the target.
    • d)    Manmade Barriers:  Using wood material, straw / hay bales, carpet material and rubber matting.
    • e)    Archers can use a building on their property as a backstop.

      All backstops should be capable of stopping arrows no matter where they are struck.
  6. An adult (at least 18 years old) must be present and supervising any archer under age 16 who is shooting a bow with a draw weight of 30 pounds or more.  The archer and the supervising adult are responsible for the impact of all shots.
  7. An archer of any age can shoot a bow with a draw weight less than 30 pounds under these conditions:
    • a)    An adult must be on the premises and aware the archer is practicing;
    • b)    The archer must use field or target points;
    • c)    The archer must comply with Section 1, Second 2 and Second 3.
  8. As an added precaution, the City suggests archers practice from an elevated position whenever possible so they are aiming down into the target.

E. Each archer must request that the Farmington Police Department conduct initial inspection of the shooting range to determine whether it is in compliance with this ordinance.

F. Annually the archer must request the Farmington Police Department to re-inspect the shooting area on their property for compliance of this ordinance.

G. Both A and B Section violations for this 6-2-6 shall be a Class 3, $75.00 violation.

H. Any other violation(s) (excluding Section D-8) for this 6-2-6 shall be a Class 5, $200.00 violation for any section.

6-2-7:               DISORDERLY CONDUCT: It shall be unlawful for any person to knowingly:

(A)       Do any act in such unreasonable manner as to alarm or disturb another and to provoke a breach of the peace, or

(B)       Make a telephone call, whether or not a conversation thereby ensues, with intent to annoy another, or

(C)       Transmit in any manner to the Fire Department a false alarm of fire, knowing at the time of transmission that there is no reasonable ground for believing such fire exists, or

(D)       Transmits in any manner to another a false alarm to the effect that a bomb or other explosive of any nature is concealed in such place, knowing at the time of transmission that there is no reasonable ground for believing that such bomb or explosive is concealed in such place. (Ord. 87-4, 5-4-87)

6-2-8:               EXPECTORATING IN PUBLIC: It shall be unlawful for any person to expectorate or spit upon any sidewalk or upon the floor of any public building or room used for public assemblies.

  1. See Section 5-4-2 of this Code.

6-2-9:              INJURIOUS MATERIAL ON THOROUGHFARES, DEPOSITS OF:

(A)         It shall be unlawful for any person to deposit, place or allow to remain in or upon any public thoroughfare any material or substance injurious to person or property.

(B)         It shall be unlawful for any person, or his employees or agents, to remove snow from any public or private parking lot, driveway, street or alley and deposit the snow in or onto the public street or alley.

6-2-10:             FALSE PRETENSES: It shall be unlawful for any person to obtain any food, drink, goods, wares or merchandise under false pretenses, or to enter any public place and call for refreshments or other articles and receive and refuse to pay for same, or depart without paying for or satisfying the person from whom he received the food, goods, wares and merchandise.

6-2-11:             FALSE REPRESENTATION: It shall be unlawful for any person to represent himself to be an officer of the City or who shall attempt to impersonate any such officer or who shall without authority perform any official act therein on behalf of an officer.

6-2-12:             MUFFLERS; UNNECESSARY NOISE: It shall be unlawful for any person to operate a motor vehicle which shall not at all times be equipped with a muffler upon the exhaust thereof in good working order and in constant operation to prevent excessive or unusual noise and it shall be unlawful for any person operating any motor vehicle to use a cutout, by-pass or similar muffler elimination appliance.

6-2-13:             OFFENSE, AID TO AN: It shall be unlawful for any person, in any way or manner, to aid, abet, counsel, advise or encourage any other person in the commission of any of the acts mentioned herein or in any manner encourage the commission of such offense hereby defined.

6-2-14:             POSTING HANDBILLS, NOTICES: It shall be unlawful for any person to stick, paste, put up or place upon or against any building, tenement, fence, wall, lamp post or other place, any handbill, show bill, picture or representation, unless by the consent of the owner or occupant or such building, tenement, fence, wall, lamp post or place.

6-2-15:             PROPERTY, MALICIOUS / RECKLESS INJURY TO:

A.    Definitions:  As used in this section, the following words and phrases shall have the following meanings, unless the context clearly indicates that a different meaning is intended:

  • a)    “Public” means belonging to the City of Farmington, Fulton and Peoria Counties, Illinois.
  • b)    “Private” means belonging to any individual(s), corporation, partnership, sole proprietorship, association or any other legal entity.
  • c)    “Property” means any and all real property and personal property, including but not limited to family pets, domestic animals, houses, buildings, structures, yards, monuments, furniture, equipment, pools, fountains, vehicles, bridges, fences, gates, signs, awnings, lamp posts, street light, ornamental light or traffic sign or signal.
  • d)    “Minor” means any individual who has not attained the age of 18 years.

B.    Prohibited Conduct.  It shall be unlawful for any person to willfully, recklessly or maliciously mar, deface, damage, remove, mistreat or in any manner interfere with or cause or permit such conduct with respect to any real or personal property not belonging to the person so offending.  This Ordinance shall pertain to all property, whether public or private.

C.    Defenses.  It shall be a defense to the prohibited conduct set forth herein to have obtained the consent and authority of the owner of the property before engaging in the conduct specified in paragraph B.

D.    Penalty.  Any person violating any provision of this section shall be fined not less than $75 (Seventy- Five Dollars) for each offense and a separate offense shall be deemed to be committed with each separate violation. 

E.    Restitution.  In addition to any other remedy, fine or penalty, one who violates this Section shall make restitution to the owner of the property affected, including restitution or reimbursement for any loss caused directly or indirectly, including legal fees incurred therein. 

F.    Parental Responsibility.  In the case of a minor, the parents or legal guardian of the minor shall be jointly and severally liable, together with the minor, for such penalty or restitution set forth herein. 

G.    Severability.  Should any portion of this Ordinance be found unenforceable or invalid, the remaining portions hereof shall continue in full force and effect.

6-2-16:             RESISTING AN OFFICER: It shall be unlawful for any person to interfere willfully with, resist, delay, obstruct, molest or threaten any officer of the City in the exercise of his official duties.

6-2-17:             RIOT: It shall be unlawful for any person to fail or refuse immediately to disperse upon or order to do so by a police officer, when three (3) or more persons are assembled for the purpose of distributing the peace or for the purpose of committing any unlawful act.

6-2-18:             TRESPASSING: It shall be unlawful for any person to take down any fence or let down any bars or to open any gate in or on the property of another without the consent of the owner, occupant or person in charge thereof.

6-2-19:             UNAUTHORIZED SOLICITATIONS: The practice of going in and upon private residences in the City by solicitors, peddlers, hawkers, itinerant merchants or transient vendors of merchandise not having been requested or invited so to do by the owner or owners, occupant or occupants of said private residences for the purpose of soliciting orders for the sale of goods, wares and merchandise and/or disposing of and/or peddling or hawking the same is declared to be a nuisance and punishable as such nuisances as a misdemeanor.

6-2-20:             CONSUMPTION OR USE OF ALCOHOLIC LIQUOR ON CITY PROPERTY: It shall be unlawful for any person to consume or use alcoholic liquor, including spirits, wine, beer, ale or other liquid containing more than one-half of one percent (0.5%) of alcohol by volume, while on City property. Such property to include, but not limited to, city parks. (Ord. 76-1, 1976)

6-2-21:             OBSCENITY:

(A)       It shall be unlawful to commit obscenity. For purposes of this Section” person” means an individual, public or private corporation, government, partnership, to unincorporated association. Any reference to the masculine shall include the feminine, and any reference to the singular shall include the plural.

(B)       Elements of the Offense: A person commits obscenity when, with knowledge of the nature or content thereof, or recklessly failing to exercise reasonable inspection which would have disclosed the nature or content thereof, he:

  1. Sells, delivers, or provides, or offers or agrees to sell, deliver or provide any obscene writing, picture, record, or other representation or embodiment of the obscene; or
  2. Presents or directs an obscene play, dance or other performance or participates directly in that portion thereof which make it obscene; or
  3. Publishes, exhibits, or otherwise makes available anything obscene; or
  4. Performs an obscene act or otherwise presents an obscene exhibition of his body for gain; or
  5. Creates, buys, procures or possesses obscene matter or material with intent to disseminate it in violation of this Section, or of the penal laws or regulations of any other jurisdictions; or
  6. Advertises or otherwise promotes the sale of material represented or held out by him to be obscene, whether or not it is obscene.

(C)       “Obscene” Defined: A thing is obscene if, considered as a  whole, its predominant appeal is to prurient interest, that is, a shameful or morbid interest in nudity, sex, or excretion, and if it goes substantially beyond customary limits of candor in description or representation of such matters. A thing is obscene even though the obscenity is latent, as in the case of undeveloped photographs.

(D)       Interpretation of Evidence: Obscenity shall be judged with reference to ordinary adults, except that it shall be judged with reference to children or other specially susceptible audiences if it appears from the character of the material or the circumstances of its dissemination to be specially designed for or directed to such an audience.

Where circumstances of production, presentation, sale, dissemination, distribution, or publicly indicate that material is being commercially exploited for the sale or its prurient appeal, such evidence is prohibitive with the respect to the nature of the matter and can justify the conclusion that the matter is utterly without redeeming social importance.

In any prosecution of production, presentation, sale, dissemination, distribution, or publicity indicate that material is being commercially exploited for the sale of its prurient appeal, such evidence is prohibitive with respect to the nature of the matter and can justify the conclusion that then matter is utterly without redeeming social importance.

In any prosecution for an offense under this Section, evidence shall be admissible to show:

  1. The character of the audience for which the material was designed or to which it was directed;
  2. That the predominant appeal of the material would be for ordinary adults or a special audience, and what effect, if any, it would probably have on the behavior of such people.
  3. The artistic, literary, scientific, educational, or other merits of the material, or absence thereof;
  4. The degree, if any, of public acceptance of the material in this State;
  5. Appeal to prurient interest, or absence thereof, in advertising or other promotion of the material.
  6. Purpose of the author, creator, publisher, or dissemination.

(E)       Prima Facie Evidence: The creation, purchase, procurement, or possession of a mold, engraved plate or other embodiment of obscenity specially adapted for reproducing multiple copies, or the possession or more than six (6) copies of obscene material shall be prima facie evidence of an intent to disseminate.

(F)      Affirmative Defenses: It shall be an affirmative defense to obscenity that the dissemination:

  1. Was not for gain and was made to personal associated other than children under eighteen (18) years of age.
  2. Was to institutions or individuals having scientific or other special justification for possession of such material.

(G)       Severability Clause: If any section, subsection, subdivision, paragraph, sentence, clause,   or phrase in this Ordinance, or any part thereof, or application thereof to any person, firm, corporation, public agency, or circumstances, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part hereof. It is hereby declared to be the legislative intent of the City Council that this Ordnance would have been adopted had such unconstitutional or invalid provision, clause, sentence, paragraph, section, or part thereof not then been included.

(H)       Violation and Penalty: Any person who shall violate any of the provision of this Section shall be guilty of a misdemeanor. A person who is convicted shall be punished by a fine   not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00).

A second or subsequent offense is punishable by a fine of not less than three hundred dollars ($300.00) nor more than five hundred dollars ($500.00). (Ord. 82-9, 11-1-82)

6-2-22:             DISTRIBUTING HARMFUL MATERIAL TO MINORS:

(A)       Elements of the Offense: A person who with knowledge that a person is a child, that is a person under eighteen (18) years of age, or who fails to exercise reasonable care in ascertaining the true age of a child, knowingly distributes to or sends or causes to be sent to, or exhibits to, or offers to distribute or exhibit any harmful material to a child, is guilty of a misdemeanor.

(B)       Definitions:

  1. Material is harmful if, to the average person, applying contemporary standards, its predominate appeal, taken as a whole, is to prurient interest, that is a shameful or morbid interest in nudity, sex, or excretion, which goes substantially beyond customary limits of candor in description or representation of such matters, and is material the redeeming social importance of which is substantially less than its prurient appeal.
  2. Material, as used in this Section means any writing, picture, record, or other representation or embodiment.
  3. Distribute means to transfer possession of, whether with or without consideration.
  4. Knowingly, as used in this Section means having knowledge of the contents of the subject matter, or recklessly failing to exercise reasonable inspection, which would have disclosed the contents thereof.

(C)       Interpretation of Evidence: The predominant appeal to prurient interest of the material shall be judged with reference to average children of the same general age of the child to whom such material was offered, distributed, sent or exhibited, unless it appears from the nature of the matter or the circumstances of its dissemination, distribution or exhibition that it is designed for specially susceptible groups, in which case the predominate appeal of the material shall be judged with reference to its prurient appeal.

In prosecutions under this Section, where circumstances of production, presentation, sale, dissemination, distribution, or publicity indicate the material is being commercially exploited for the sake of its prurient appeal, such evidence is probative with respect to the nature of the material and can justify the conclusion that the redeeming social importance of the material is in fact substantially less than its prurient appeal.

(D)       Sentence: The offense of harmful material is a misdemeanor, A person who is convicted shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00). A second or subsequent offense is punishable by a fine of not less than three hundred dollars ($300.00) nor more than five hundred dollars. ($500.00)

(E)       Affirmative Defenses:

  1. Nothing in this Section shall prohibit any public library or any library operated by an accredited institution of higher education from circulating harmful material to any person under eighteen (18) years of age, provided such circulation is in aid of a legitimate scientific or educational purpose, and it shall be an affirmative defense in any prosecution for a violation of this Section that the act charged was committed in aid of legitimate scientific or educational purposes.
  2. Nothing in this Section shall prohibit any parent from distributing to his child any harmful material.
  3. Proof that the defendant demanded, was shown and acted in reliance upon any of the following documents as proof of the age of a child, shall be a defense to any criminal prosecution under this Section: a document issued by the Federal government, or any state, county, municipal government or subdivision or agency thereof, including but no limited to, a motor vehicle operator’s license, a registration certificate issued under the Federal Selective Service Act or an identification card issued to a member of the armed forces.

(F)      Child Falsifying Age: Any person under eighteen (18) years of age who falsely state, either orally or in writing, that he is not under the age of eighteen (18) years, or who presents or offers to any person evidence of age and identity which is false or not actually his own for the purpose of ordering, obtaining, viewing, or otherwise procuring or attempting to procure or view harmful material, is guilty of a misdemeanor. A person who is convicted shall be punished by a fine not less then twenty five dollars ($25.00) or more that five hundred dollars ($500.00). (Ord. 82-7, 11-1-82)

6-2-23:             NOISES PROHIBITED: It shall be unlawful for any person within the City of Farmington to make, continue to cause to be made or continued, any loud, unnecessary or unusual noise which either annoys, disturbs, injures, or endangers the comfort, repose, convenience, health, peace, or safety of others, within the limits of the City.

Examples include, but are not limited to, such noises emitted by radios, phonographs, car stereos, construction or repair of buildings, vehicle horns, vehicle exhaust, vehicle loading or unloading, pile drivers, and air hammers. If any such sounds project beyond the boundaries of the emitter’s real estate, apartment or vehicle as the case may be, between the hours of 11:00 p.m. and 6:00 a.m., such projection shall be prima facie evidence of a violation hereunder.

The creation within the City of any excessive noise in the vicinity of any school, institutions of learning, church, court or hospital, while the same is in use, which unreasonably interferes with the working of such institution, or such disturbs, or unduly annoys patients in the hospital, provided conspicuous signs are displayed at or near such buildings indicating that the same is a school, hospital, court or church.

6-2-24:             NOISES DECLARED NUISANCE: The foregoing noises are hereby declared to be nuisances.

6-2-25:             EXCEPTIONS: The provisions of Sections 6-2-23 and 6-2-24 shall not apply to:

(a)        Any work of activity conducted by a public utility or governmental entity, which is in the interest of the public health, safety or welfare.

(b)        Any work of an emergency nature.

(c)        City street sweeper or other City street cleaning equipment.

6-2-26:             FINES FOR VIOLATIONS:

(a)        First offense: $100.00 fine

(b)        Second offense and each subsequent offense: $250.00 fine.

(c)        Third offense: $250.00 fine and three day suspension of liquor license after required hearing on suspension. Whether the offense is the first, second or third shall be determined by the number of offenses within a particular calendar year January 1 to January 1).

General Public and all other non-liquor establishments:

(a)        First offense: $50.00 fine.

(b)        Second offense (same night): $100.00 fine. (Ord. 01-07)

6-2-27:             POSSESSION OF MARIJUANA PROBIHITED:  It shall be unlawful for any person to grow, possess, sell, give away, barter, deliver, exchange, distribute, or administer marijuana or any derivatives thereof without the appropriate licensure and identification and in violation of Sections 25, 55, & 60 of 410 ILCS 130.

6-2-28:             POSSESSION OR DRUG PARAPHERALIA PROHIBITED:  It shall be unlawful for any person to possess an item of drug paraphernalia with the intent to use it in ingesting, inhaling, or otherwise introducing cannabis or a controlled substance into the human body, or in preparing cannabis or a controlled substance for that thereof without the appropriate licensure and identification and in violation of Sections 25, 55, & 60 of 410 ILCS 130

SEE EXHIBIT A:

Exhibit A


    (410 ILCS 130/30) Compassionate Use of Medical Cannabis Pilot Program Act.
    (Section scheduled to be repealed on January 1, 2018) 
    Sec. 30. Limitations and penalties. 
    (a) This Act does not permit any person to engage in, and does not prevent the imposition of any civil, criminal, or other penalties for engaging in, the following conduct: 
        (1) Undertaking any task under the influence of 
    	cannabis, when doing so would constitute negligence, professional malpractice, or professional misconduct; 

        (2) Possessing cannabis: 
            (A) in a school bus; 
            (B) on the grounds of any preschool or primary or 
        	secondary school; 

            (C) in any correctional facility;
            (D) in a vehicle under Section 11-502.1 of the 
        	Illinois Vehicle Code; 

            (E) in a vehicle not open to the public unless 
        	the medical cannabis is in a reasonably secured, sealed, tamper-evident container and reasonably inaccessible while the vehicle is moving; or 

            (F) in a private residence that is used at any 
        	time to provide licensed child care or other similar social service care on the premises;

        (3) Using cannabis: 
            (A) in a school bus; 
            (B) on the grounds of any preschool or primary or 
        	secondary school; 

            (C) in any correctional facility; 
            (D) in any motor vehicle; 
            (E) in a private residence that is used at any 
        	time to provide licensed child care or other similar social service care on the premises;

            (F) in any public place. "Public place" as used 
        	in this subsection means any place where an individual could reasonably be expected to be observed by others. A "public place" includes all parts of buildings owned in whole or in part, or leased, by the State or a local unit of government. A "public place" does not include a private residence unless the private residence is used to provide licensed child care, foster care, or other similar social service care on the premises. For purposes of this subsection, a "public place" does not include a health care facility. For purposes of this Section, a "health care facility" includes, but is not limited to, hospitals, nursing homes, hospice care centers, and long-term care facilities; 

            (G) knowingly in close physical proximity to 
        	anyone under the age of 18 years of age; 

        (4) Smoking medical cannabis in any public place 
    	where an individual could reasonably be expected to be observed by others, in a health care facility, or any other place where smoking is prohibited under the Smoke Free Illinois Act; 

        (5) Operating, navigating, or being in actual 
    	physical control of any motor vehicle, aircraft, or motorboat while using or under the influence of cannabis in violation of Sections 11-501 and 11-502.1 of the Illinois Vehicle Code; 

        (6) Using or possessing cannabis if that person does 
    	not have a debilitating medical condition and is not a registered qualifying patient or caregiver; 

        (7) Allowing any person who is not allowed to use 
    	cannabis under this Act to use cannabis that a cardholder is allowed to possess under this Act; 

        (8) Transferring cannabis to any person contrary to 
    	the provisions of this Act; 

        (9) The use of medical cannabis by an active duty law 
    	enforcement officer, correctional officer, correctional probation officer, or firefighter; or

        (10) The use of medical cannabis by a person who has 
    	a school bus permit or a Commercial Driver's License. 

    (b) Nothing in this Act shall be construed to prevent the arrest or prosecution of a registered qualifying patient for reckless driving or driving under the influence of cannabis where probable cause exists. 
    (c) Notwithstanding any other criminal penalties related to the unlawful possession of cannabis, knowingly making a misrepresentation to a law enforcement official of any fact or circumstance relating to the medical use of cannabis to avoid arrest or prosecution is a petty offense punishable by a fine of up to $1,000, which shall be in addition to any other penalties that may apply for making a false statement or for the use of cannabis other than use undertaken under this Act. 
    (d) Notwithstanding any other criminal penalties related to the unlawful possession of cannabis, any person who makes a misrepresentation of a medical condition to a physician or fraudulently provides material misinformation to a physician in order to obtain a written certification is guilty of a petty offense punishable by a fine of up to $1,000. 
    (e) Any cardholder or registered caregiver who sells cannabis shall have his or her registry identification card revoked and is subject to other penalties for the unauthorized sale of cannabis. 
    (f) Any registered qualifying patient who commits a violation of Section 11-502.1 of the Illinois Vehicle Code or refuses a properly requested test related to operating a motor vehicle while under the influence of cannabis shall have his or her registry identification card revoked. 
    (g) No registered qualifying patient or designated caregiver shall knowingly obtain, seek to obtain, or possess, individually or collectively, an amount of usable cannabis from a registered medical cannabis dispensing organization that would cause him or her to exceed the authorized adequate supply under subsection (a) of Section 10. 
    (h) Nothing in this Act shall prevent a private business from restricting or prohibiting the medical use of cannabis on its property. 
    (i) Nothing in this Act shall prevent a university, college, or other institution of post-secondary education from restricting or prohibiting the use of medical cannabis on its property. 

(Source: P.A. 98-122, eff. 1-1-14.)

6-2-29:             PENALTY: Any person convicted of the violation of Section 6-2-27 or Section 6-2-28 of the Farmington City Code shall be punished by a fine of four hundred dollars ($400.00).

6-2-30:            SYNTHETIC ALTERNATIVE DRUGS.

6-2-30:            DEFINITIONS.

For purposes of this article, the following definitions shall apply unless the context clearly indicates or requires different meaning:

  1. product containing a synthetic alternative drug means any product containing a synthetic cannabinoid, stimulant or psychedelic/hallucinogen, as those terms are defined herein such as, but not limited to, the examples of brand names or identifiers listed on Exhibit “A” attached hereto and incorporated herein.
  2. Synthetic cannabinoid means any laboratory-created compound that functions similar to the active ingredient in marijuana, tetrahydrocannabinol (THC), including, but not limited to, any quantity of a natural or synthetic material, compound, mixture, preparation, substance and their analog (including isomers, esters, ethers, salts, and salts of isomers) containing a cannabinoid receptor agonist, such as:
  • JWH-007 (1-pentyl-2-methyl-3-(1-naphthoyl)indole)
  • JWH-015 ((2-Methyl-1-propyl-1H-indol-3-yl)-1-naphthalenylmethanone)
  • JWH-018 (1-pentyl-3-(1-naphthoyl)indole)
  • JWH-019 (1-hexyl-3-(naphthalen-1-oyl)indole)
  • JWH-073 (naphthalen-1-yl-(1-butylindol-3-yl)methanone)
  • JWH-081 (4-methoxynaphthalen-1-yl-(1-pentylindol-3-yl)methanone)
  • JWH-098 (4-methoxynaphthalen-1-yl-(1-pentyl-2-methylindol-3-yl)methanone)
  • JWH-122 (1-Pentyl-3-(4-methyl-1-naphthoyl)indole)
  • JWH-164 (7-methoxynaphthalen-1-yl-(1-pentylindol-3-yl)methanone
  • JWH-200 (1-(2-morpholin-4-ylethyl)indol-3-yl)-naphthalen-1-ylmethanone)
  • JWH-203 (2-(2-chlorophenyl)-1-(1-pentylindol-3-yl)ethanone
  • JWH-210 (4-ethylnaphthalen-1-yl-(1-pentylindol-3-yl)methanone
  • JWH-250 (1-pentyl-3-(2-methoxyphenylacetyl)indole)
  • JWH-251 (1-pentyl-3-(2-methylphenylacetyl)indole)
  • JWH-398 (1-pentyl-3-(4-chloro-1-naphthoyl)indole)
  • HU-210 ((6aR,10aR)-9-(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo [c]chromen-1-ol)
  • HU-211 ((6aS,10aS)-9-(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo [c]chromen-1-ol)
  • HU-308 ([(1R,2R,5R)-2-[2,6-dimethoxy-4-(2-methyloctan-2-yl)phenyl]-7,7-dimethyl-4-bicyclo[3.1.1]hept-3-enyl] methanol)
  • HU-331 ((3-hydroxy-2-[(1R,6R)-3-methyl-6-(1-methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-2,5-cyclohexadiene-1,4-dione)
  • CP 55,940 (2-[(1R,2R,5R)-5-hydroxy-2-(3-hydroxypropyl) cyclohexyl]- 5-(2-methyloctan-2-yl)phenol)
  • CP 47,497 (2-[(1R,3S)-3-hydroxycyclohexyl]- 5- (2-methyloctan-2-yl)phenol) and its homologues
  • WIN 55,212-2 ((R)-(+)-[2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo [1,2,3-de)-1,4-benzoxazin-6-yl]-1-nepthalenylmethanone)
  • RCS-4 ((4-methoxyphenyl)(1-pentyl-1H-indol-3-yl)methanone)
  • RCS-8 (1-(1-(2-cyclohexylethyl)-1H-indol-3-yl)-2-(2-methoxyphenyl)ethanone)
  1. Synthetic stimulant means any compound that mimics the effects of any federally controlled Schedule I substance such as cathinone, methcathinone, MDMA and MDEA, including, but not limited to, any quantity of a natural or synthetic material, compound, mixture, preparation, substance and their analog (including salts, isomers, and salts of isomers) containing substances which have a stimulant effect on the central nervous system, such as:
  • 3-Fluoromethcathinone
  • 4-Fluoromethcathinone (other name: flephedrone)
  • 3,4-Methylenedioxymethcathinone  (other name: methylone, MDMC)
  • 3,4-Methylenedioxypyrovalerone  (other name: MDPV)
  • 4-Methylmethcathinon  (other names: mephedrone, 4-MMC)
  • 4-Methoxymethcathinone  (other names: methedrone, bk-PMMA, PMMC)
  • 4-Ethylmethcathinone  (other name: 4-EMC)
  • Ethcathinone
  • Beta-keto-N-methylbenzodioxyolylpropylamine  (other names: butylone, bk-MBDB)
  • Napthylpyrovalerone  (other names: naphyrone, NRG-1)
  • N,N-dimethylcathinone (other name: metamfepramone)
  • Alpha-pyrrolidinopropiophenone (other name: alpha-PPP)
  • 4-methoxy-alpha-pyrrolidinopropiophenone (other name: MOPPP)
  • 3,4-methylenedioxy-alpha-pyrrolidinopropiophenone (other name: MDPPP)
  • Alpha-pyrrolidinovalerophenone (other name: alpha-PVP)
  • 6,7-kihydro-5H-indeno(5,6-d)-1,3-dioxal-6-amine) (other name: MDAI)
  • Any compound that is structurally derived from 2-amino-1-phenyl-1-propanone by modification or substitution in any of the following ways:
    • in the phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide substituents, whether or not further substituted in the phenyl ring by one or more other univalent substituents;
    • at the 3-position with an alkyl substituent;
    • at the nitrogen atom with alkyl, dialkyl, benzyl, or methoxybenzyl groups;
    • or by inclusion of the nitrogen atom in a cyclic structure.
  1. Synthetic psychedelic/hallucinogen means any compound that mimics the effects of any federally controlled Schedule I substance, including but not limited to, any quantity of a natural or synthetic material, compound, mixture, preparation, substance and their analog (including salts, isomers, esters, ethers and salts of isomers) containing substances which have a psychedelic/hallucinogenic effect on the central nervous system and/or brain, such as:
  • 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E);
  • 2-(2,5-dimethoxy-4-methylphenyl)ethanamine (2C-D);
  • 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C);
  • 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I);
  • 2-(4-(Ethylthio)-2,5-dimethoxyphenyl)ethanamine (2C-T-2);
  • 2-(4-(Isopropylthio)-2,5-dimethoxyphenyl)ethanamine (2C-T-4);
  • 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H);
  • 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N);
  • 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P).

 6-2-31:            SALE OR DELIVERY. 

It shall be unlawful for any person, firm, corporation, LLC or other legal entity to sell, offer for sale, advertise, display or deliver any product containing a synthetic cannabinoid, stimulant or psychedelic/hallucinogen.

6-2-32:            POSSESSION.

It shall be unlawful for any person to knowingly possess a product containing a synthetic cannabinoid, stimulant or psychedelic/hallucinogen.

 6-2-33:            USE.

It shall be unlawful for any person to be under the influence of a synthetic cannabinoid, stimulant or psychedelic/hallucinogen. 

6-2-34:            PENALTIES.

A. Any person, firm, corporation, LLC or other legal entity found to be in violation of Section 6-2-31 shall be subject to a fine of not less than $500. (Five Hundred Dollars) and not more than $750 (Seven Hundred Fifty Dollars) for each offense thereof; and each violation of this ordinance, or everyday a violation continues to exist, shall constitute a new and separate violation. 

B. Any instance where any person, firm, corporation, LLC or other legal entity is found to be in violation of 6-2-31, and the incident occurs on the premises of any establishment holding a valid liquor license issued by the City of Farmington and said person, firm, corporation, LLC or other legal entity  is either the holder of, or an employee of, a person or corporation holding the valid liquor license shall cause the liquor license of said establishment to be suspended for a period of not more than 30 days and the licensee shall be subject to a fine of $1000. (One Thousand Dollars).  Any subsequent violation shall render revocation of said liquor license and a fine of $1,500 (One Thousand Five Hundred Dollars). Pursuant to the Illinois Liquor Control Act of 1934 (235 ILCS5/7-5).

C. Any person found to be in violation of Section 6-2-32; Possession or Section 6-2-33; Use shall be subject to a fine of not less than $400 (Four Hundred Dollars) for a first offense and not more than $750 (Seven Hundred Fifty Dollars) for each violation thereafter; and each violation of this ordinance, or everyday a violation continues to exist, shall constitute a new and separate violation.

SEE EXHIBITS BELOW:

Exhibit A — Page 1

2010FreedomK2 Silver
8-BallFully LoadedK2 Solid Sex on the Mountain
Aztec GoldFunky MonkeyK2 Solid Sex on the Mountain
Aztec Midnight Wind TezcatlipocaFunky Monkey XXXXK2 Standard
Back DraftG FourK2 Strawberry
Bad 2 the BoneG Greenies Caramel CrunchK2 Summit
Banana Cream NukeGenieK2 Summit Coffee Wonk
Bayou BlasterGold Spirit SpiceK2 Thai Dream
Black DiamondGreen Monkey Chronic SalviaK2 Ultra
Black Magic SalviaGreenies StrawberryK2 Watermelon
Black MambaHeaven ImprovedK3
Blueberry HayzeHeavenscent SuaveK3 Blueberry
Bombay BlueHumboldt GoldK3 Cosmic Blend
BuzzJamaican GoldK3 Dusk
C3Jamaican GoldK3 Grape
C4 Herbal IncenseK RoyalK3 Heaven Improved
CaneffK1 OrbitK3 Heaven Legal
Cherry BombK2K3 Kryptonite
Chill XK2 (unknown variety)K3 Legal
Chronic SpiceK2 Amazonian ShelterK3 Legal – Original (Black)
Cill OutK2 Amazonian ShelterK3 Legal- Earth (silver)
CitrusK2 BlondeK3 Legal- Sea (silver)
Colorado ChronicK2 BlueK3 Legal- Sun (Black)
DaBlockK2 BlueberryK3 Mango
Dark Night IIK2 CitronK3 Original
DemonK2 Cloud 9K3 Original Improved
Diamond SpiritK2 KryptoniteK3 Strawberry
Dragon SpiceK2 LatteK3 Sun
D-RailK2 MellonK3 Sun Improved
DreamK2 MintK3 Sun Legal
EarthquakeK2 Orisha Black Magic MaxK3 XXX
Eruption SpiceK2 Orisha MaxK4 Bubble Bubble
EuphoriaK2 Orisha RegularK4 Gold
EX_SES Platinum StrawberryK2 Orisha SuperK4 Purple Haze
exSESK2 Orisha White Magic SuperK4 Silver
EX-SES PlatinumK2 PeachK4 Summit
EX-SES Platinum BlueberryK2 Pina ColadaK4 Summit Remix
EX-SES Platinum CherryK2 PineappleKind Spice
EX-SES Platinum StrawberryK2 Pineapple ExpressKl Gravity
EX-SES Platinum VanillaK2 PinkKl Orbit
Fire Bird Ultimate Strength CinnamonK2 Pink Panties
Forest HumusK2 Sex

Exhibit A — Page 2

Legal EaglePotpourri GoldStinger
Legal Eagle Apple PiePulseSummer Skyy
Love Potion 69Rasta Citrus SpiceSuper Kush
Love StrawberryRebel SpiceSuper Summit
Magic Dragon PlatinumRed BirdSwagger Grape
Magic GoldS1. S WerveSYN Chill
Magic SilverSamurai SpiritSYN Incense LemonLime
Magic SpiceSativahSYN Incense Smooth
Mega BombScope VanillaSYN Incense Spearmint
Mid-Atlantic ExemplarScope WildberrySYN Lemon Lime
Mid-Atlantic Exemplar (K2 Summit)SenceSYN Lemon Lime #2
Midnight ChillShanti SpiceSYN Smooth
MNGB Almond/VanillaShanti Spice BluberrySYN Spearmint
MNGB PeppermintSilent BlackSYN Spearmint #2
MNGB Pinata ColadaSkunkSYN Suave
MNGB Spear MintSmokeSYN Swagg
MNGB Tropical ThunderSmoke PlusSYN Vanilla
Moe Joe FireSpaceSYN Vanilla #2
MojoSpice Artic SynergyTexas Gold
Mr. Smiley’sSpice DiamondTime Warp
MTN-787Spice GoldTribal Warrior
MysterySpice GoldUltra Cloud 10
Naughty NightsSpice SilverUnknown cigarette
New Improved K3Spice Tropical SynergyUtopia
New Improved K3 Cosmic BlendSpicey Regular XXX BlueberryUtopia-Blue Berry
New Improved K3 DynamiteSpicey Regular XXX StrawberryVoo Doo Remix (black package)
New Improved K3 KryptoniteSpicey Ultra Strong XXX StrawberryVoo Doo Remix (orange package)
New K3 EarthSpicey Ultra Strong XXX VanillaVoodoo Child
New K3 HeavenSpicey XXXVoodoo Magic
New K3 Improved Spicy Ultra Strong XXX VanillaVoodoo Remix
New K3 Sea ImprovedSpicyliciousWho Dat
New-Kron BombSpike 99Who Dat Herbal Incense
NitroSpike 99 UltraWicked X
Ocean BlueSpike 99 Ultra BlueberryWinter Boost
P O WSpike 99 Ultra CherryWood Stock
p.e.p. pourri Love StrawberrySpike 99 Ultra StrawberryXTREME Spice
p.e.p. pourri Original SpearmintSpike DiamondYucatan Fire
p.e.p. pourri Twisted VanillaSpike GoldYucatan Fire
p.e.p. pourri X BlueberrySpike MaxxZombie World
ParadiseSpike Silver
Pink TigerSpike99
Potpourri

6-2-35:            TOBACCO/ALTERNATIVE NICOTINE POSSESSION BY A MINOR:

Definitions 

  • “Alternative Nicotine Product” means a product or device not consisting of or containing tobacco that provides for the ingestion into the body of nicotine, whether by chewing, smoking, absorbing, dissolving, inhaling, snorting, sniffing or by any other means.
  • “Smokeless tobacco” means any tobacco products that are suitable for dipping or chewing. 
  • “Tobacco product” means any cigar, cigarette, smokeless tobacco, or tobacco in any of its forms.

No minor under 18 years of age shall buy any tobacco/alternative nicotine product. No person shall sell, buy for, distribute samples of or furnish any tobacco/alternative nicotine product to any minor less than 18 years of age. No minor under 16 years of age may sell any tobacco/alternative nicotine product at a retail establishment selling tobacco and/or alternative nicotine products. This subsection does not apply to a salesclerk in a family-owned business which can prove that the sales clerk is in fact a son or daughter of the owner.

(A)     No minor less than 18 years of age in the furtherance or facilitation of obtaining any tobacco/ alternative nicotine product shall display or use a false or forged identification card or transfer, alter, or deface an identification card.

(B)     No minor under 18 years of age shall possess in any form: any cigar, cigarette, smokeless tobacco, tobacco, e-cigarette or alternative nicotine product.

(C)     It is not a violation of this Section for a person under 18 years of age to purchase or possess a cigar, cigarette, smokeless tobacco, tobacco, e-cigarette or alternative nicotine product in any form if the person under the age of 18 purchases or is given the cigar, cigarette, smokeless tobacco, tobacco, e-cigarette or alternative nicotine product in any form from a retail seller of tobacco products or alternative nicotine products or an employee of a retail seller pursuant to a plan or action to investigate, patrol, or otherwise conduct a “sting operation” or enforcement action conducted by a law enforcement agency against a retail seller of tobacco products or alternative nicotine products, or a person employed by the retail seller of tobacco products alternative nicotine products, or on any premises authorized to sell tobacco products or alternative nicotine products to determine if tobacco products or alternative nicotine products are being sold or given to persons under 18 years of age.

(D)     Penalties

  • Any person who violates subsection (A), (B) or (C), of 6-2-35 is guilty of a misdemeanor, a first offense shall be a Class 4 violation ($100.00) of Farmington City Code, a Class 5 violation ($200.00) for the second offense in a 12-month period, and a Class 6 violation ($400.00) for the third or any subsequent offense in a 12-month period.
  • (a)     If a minor violated subsection (D) of 6-2-35 he or she is guilty of a misdemeanor, a first offense shall be in a Class 0 violation ($425.00) of Farmington City Code, a Class 2 violation ($450.00) for the second offense in a 12-month period, and a Class 3 violation ($475.00) for the third or any subsequent offense in a 12-month period.

Dogs

SECTION:

6-3-1:License Required
6-3-2:License Fees
6-3-3:Rabies Inoculation
6-3-4:Dangerous Dogs
6-3-5:Running at Large
6-3-6:Disturbing the Peace
6-3-7:Nuisances
6-3-8:Duties of Pound keeper (DELETED ORD. 2021-02)
6-3-9:Impounding Fees (DELETED ORD. 2021-02)
6-3-10:Redemption (DELETED ORD. 2021-02)
6-3-11:Public Notice (DELETED ORD. 2021-02)
6-3-12:Licensed Dogs Impounded (DELETED ORD. 2021-02)
6-3-13:Dog Bites (AMENDED ORD. 2021-02)
6-3-14:Penalty
6-3-15:Definitions (DELETED ORD. 2021-02)
6-3-16:Determinations/Possession of Vicious Dog Prohibited
6-3-17:Augmented Penalty (DELETED ORD. 2021-02)
6-3-18:Aggressive Dogs
6-3-19:Confinement of Aggressive Dog
6-3-20:Reporting Requirements of Permite
6-3-21:Sign Required
6-3-22:Fighting Prohibited
6-3-23:Impoundment of Vicious Dog (DELETED ORD. 2021-02)
6-3-24:Impoundment of Aggressive Dog Running at Large
6-3-25:Redemption of an Impounded Aggressive Dog
6-3-26:Length of Impoundment
6-3-27:Records
6-3-28:Notice to Owner
6-3-29:Payment of Fees Prior to Animal’s Release
6-3-30:Adoption
6-3-31:Revocation of Permit
6-3-32:Exception
6-3-33:Violations and Penalties
6-3-34:Failure to Comply
6-3-35:Insurance
6-3-36:Definitions

6-3-1:               LICENSE REQUIRED: No dog shall be permitted to be or remain in the City without being licensed as hereinafter provided. *1

6-3-2:               LICENSE FEES: All dogs kept in the City shall be registered as to sex, breed,       name and address of the owner and name of dog. At the time of such registration such owner obtain a license for such dog and shall pay a fee of five dollars ($5.00) for each dog, regardless of sex of the dog. It shall be duty of said owner to cause such license tag to be securely attached around the dog’s neck and kept there at all times during the license period. Said license shall run for the calendar year during which it was obtained. (Ord. 04-05, 03-15-04)

6-3-3:               RABIES INOCULATION: It shall be the duty of the owner or person in custody of any dog kept in the City to have the dog inoculated against rabies at least once each year. No license for a dog shall be issued, unless the applicant exhibits a certificate by a veterinarian, showing compliance with this Section within one year prior to the issuance of the license.

6-3-4:               DANGEROUS DOGS: No vicious, dangerous or ferocious dogs or dogs which are sick or are liable to communicate hydrophobia or other contagious or infectious disease shall be permitted to run at large in the City. (Ord. 451)

 6-3-5:              RUNNING AT LARGE- Animals To Be Restrained: It is unlawful for any owner or keeper of any animal to permit, suffer, or allow such animals to be off the premises of such owner or keeper unless such animal is under restraint, or unless such animal is upon the property of another with that property owner’s consent. This offense is malum prohibitum in nature and no specific intent or special state of mind is required to constitute an offense. As used in this subsection, “restraint” shall be taken to mean:

  1. Under control by a line or leash not more than 12 feet (12′) in length, when said line or leash is held by a competent person; or
  2. When within a vehicle or enclosure, to include pen or kennels; or
  3. When not more than fifty feet (50′) from a competent person, if such animal is not alarming any person or domestic animal, or trespassing on private property.
    (Ord. 2010-14, 6/21/10).

6-3-6:               DISTURBING THE PEACE: No person owning any dog shall suffer or permit     such dog to disturb the peace and quiet of the neighborhood by barking, making other loud or unusual noises, or by running through or across cultivated gardens or field.

6-3-7:               NUISANCES: Any dog found in the City either without a license or running at large under conditions set forth above is hereby declared to be a nuisance and shall be impounded as hereafter provided.

6-3-8:   (DELETED ORD. 2021-02)  DUTIES OF POUND KEEPER: The Pound keeper is hereby charged with the duty of impounding all dogs running at large in violation of the provision of this Chapter. He shall be a special police officer and shall be and is hereby authorized to make all necessary arrests in carrying out the provisions of this Chapter and shall receive all fees for such arrest in the same manner as other police officer in the City.

6-3-9:   (DELETED ORD. 2021-02)   IMPOUNDING FEES: The fees and charges allowed and fixed by the Council from time to time for taking up, impounding and keeping and disposing of impounded animals shall be paid hereunder for like services at the time and in the manner fixed by said Council.

6-3-10: (DELETED ORD. 2021-02)  REDEMPTION: The owner of any dogs impounded hereunder may redeem the same by paying all the costs, charges, and penalties assessed, if any, that have accrued up to the time of making the redemption, and when same are paid to said Pound Keeper it shall be his duty and he shall release the dog from said pound and deliver him to the owner thereof. There shall be an initial charge for redemption of said dog of two dollars ($2.00) and an additional sum of one dollar ($1.00) for each day said dog is impounded.

6-3-11: (DELETED ORD. 2021-02)   PUBLIC NOTICE: Immediately after impounding any dog hereunder, it shall be the duty of the Pound Keeper to enter upon the records of the pound in a book to be kept by him for such purposes the date of impounding, a description of the dog impounded, and record as to whether or not such dog has been licensed and tagged as required hereby.

Public notice of the impounding of such dog shall be given by posting one copy of the description of such dog and date of impounding at the pound and one copy of such notice on the bulletin board at the City Hall. Any such dog not redeemed by the owner thereof within three (3) days after the posting of such notice by the Pound keeper shall be and is hereby declared to be a nuisance. The Pound keeper shall immediately thereafter kill or destroy such dog.

6-3-12: (DELETED ORD. 2021-02)  LICENSED DOGS IMPOUNDED: It shall be the duty of the Pound Keeper to cause notice to be served by mail upon the registered owner of any licensed dog impounded under the provisions of this Chapter, such notice to be mailed at least two (2) days prior to the posting of the notice of impounding herein before provided.

6-3-13: (AMENDED ORD. 2021-02) DOG BITES:

  1. DOG BITE INVOLVING DOG WITH PROOF OF CURRENT VACCINATION:

    Whenever any dog bites a person, the owner of the said dog shall immediately notify the Farmington Police Department.  If the owner of the dog has proof of the dog’s current vaccination, the Police Department shall order the dog to be held on the owner’s premises or shall have it impounded for a period of two (2) weeks.  The dog shall be examined immediately after it has bitten anyone and again at the end of the two (2) week period. If at the end of two (2) weeks, a veterinarian is convinced that the dog is free from rabies, the dog shall be released from quarantine or from the pound as the case may be.  If the dog dies in the meanwhile, its head shall be sent to the State Department of Health for examination for rabies.
  2. DOG BITE INVOLVING DOG WITHOUT PROOF OF CURRENT VACCINATION:

    Whenever any dog bites a person, the owner of the said dog shall immediately notify the Farmington Police Department.  If the owner of dog does not have proof of current vaccination, the dog shall be surrendered to the custody of the Fulton County Animal Control, and the dog will be held in the custody of the Fulton County Animal Control Facility for a ten (10) day period and protocol procedures shall be in effect to the animal.  The owner of the animal shall render to the Fulton County Animal Control Facility for fees associated with the custody.

6-3-14:             PENALTY: Any person found in violation of  Section 6-3-2, “License Fees”; Section 6-3-5, “Running at Large” or Section 6-3-6, “Disturbing the Peace” shall be fined not less than thirty five dollars ($35.00) for the first violation and not less that one hundred dollars ($100.00) for subsequent violations within less than one year from the date of such first violation. (Ord. 04-05, 03-15-04)

Section 6-3-15 (DELETED ORD. 2021-02) DEFINITIONS:  As used in this section:

OWNER: Any person, firm, corporation, organization or department possessing or harboring or having the care or custody or being the legal owner of a dog.

 VICIOUS DOG:

  1. Any dog which, without provocation, attacks or bites, or has attacked or bitten, a human being or domestic animal or;
  2. Any dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting or;
  3. Any individual dog which has been found to be an aggressive dog upon two separate occasions.

EXCEPTIONS:  No dog 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 it is a professionally trained dog for law enforcement. Vicious dogs shall not be classified in a manner that is specific as to breed.

6-3-16  (DELETED ORD. 2021-02) DETERMINATION:  Any person who has been given a citation or notice to appear for owning or harboring a vicious dog, shall have ten (10) calendar days from his receipt of said citation or notice to appear to request, in writing, a hearing on the determination that the dog in question is a vicious dog as defined in this chapter.  Said written request must be filed in the office of the City Administrator.  The hearing will be held by the City Council as part of the next regular City Council meeting where there is sufficient time to post such hearing as part of the meeting agenda as to comply with the Illinois Open Meetings Act.

The majority vote of the sitting Council members, regardless of attendance, shall control.

No judgment shall be taken by the City with respect to the said citation or notice to appear, unless and until the determination of vicious dog has been upheld by the Council as aforesaid.  The determination of the Council may be appealed to the court system pursuant to the Illinois Administrative Review Act.

Whenever any animal, having been deemed vicious by the Farmington City Council, has bitten or attacked any person or any domestic animal, the city attorney may petition any court of competent jurisdiction to obtain a court order directing the vicious animal to be destroyed. In addition to the foregoing acts, proof by a preponderance of the evidence has in any other manner caused injury to a person, to include injury or death to another domestic animal (s), shall be deemed, prima facie, a vicious animal.

6-3-16:            POSSESSION OF VICIOUS DOG PROHIBITED: It is unlawful to possess a vicious dog, as defined in Section 6-3-15 of this Chapter, within the City limits of the City of Farmington.

6-3-18:            AGGRESSIVE DOGS

  1. AGGRESSIVE DOG PERMIT REQUIRED: No aggressive dog shall be permitted to be or remain in the City without the owner of said animal obtaining an aggressive dog permit as hereinafter provided.
  2. An application for a permit to possess an Aggressive Dog shall be filed with the City Administrator on a form prescribed and provided by the City Administrator and shall be accompanied by all of the following:
    • a. Verification of the identity of the owner and current address by providing a photo static copy of the owner’s driver’s license.
    • b. Proof of ownership of the Aggressive Dog.
    • c. A copy of the current immunization and health record of the Aggressive Dog prepared and signed by a veterinarian licensed to practice in the State of Illinois.
    • d. A Certificate of Insurance evidencing coverage in an amount not less than $500,000.00 providing coverage for any injury, damage or loss caused by the Aggressive Dog.
    • e. Two (2) photographs of the Aggressive Dog to be permitted taken not less than one (1) month before the date of the application. One photograph shall provide a front view of the Aggressive Dog and shall clearly show the face and ears of the Aggressive Dog. One photograph shall show a side view of the Aggressive Dog.
    • f. An annual permit fee of $100.00 (one hundred dollars.)
    • g. Such other information as may be required by the City Administrator.
  3. Upon receipt of an application, the City Administrator shall forward such application to the police department which shall cause an inspection of the premises on which the Aggressive Dog shall be kept to determine that all the provisions of this Code relating to confinement and posting of signs have been complied with, by the applicant. Upon completion of the inspection, the police department shall notify the City Administrator in writing of the results of its inspection.
  4. Upon receipt of the results of the police department inspection, the City Administrator shall notify the applicant of the approval or denial of the permit. In the event that the permit is denied, the notification shall be provided in writing, and the reasons for such denial shall be stated. Upon approval, the City Administrator shall issue a permit to the applicant.
  5. INCIDENTS AND COMPLAINTS:  Following an incident or complaint involving an aggressive dog or a dog showing the likelihood of coming within the definition of an aggressive dog as defined in 6-3-36 herein, an officer of the police department shall investigate the incident or complaint, and, if justified, issue a citation, complete an Aggressive Dog Charge Checklist to be promulgated the by City, and complete a Findings of Fact (Aggressive Dog) form to be promulgated by the City.

6-3-19:            CONFINEMENT OF AGGRESSIVE DOG:  No person shall posses any Aggressive Dog unless the Aggressive Dog is confined in accordance with this Section.

  1. Confinement Indoors.  No Aggressive Dog may be kept on a porch, patio or in any part of a house or structure that would allow the Aggressive Dog to exit the structure on its own volition.  No Aggressive Dog shall be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the Aggressive Dog from exiting the structure.
  2. Confinement in Exterior Yard.  No person shall confine an Aggressive Dog in an exterior area unless such Aggressive Dog is confined in a Confinement Structure constructed and maintained in accordance with this Code, except that an Aggressive Dog may be confined outside of a Confinement Structure in a manner set forth in Subsection 3 hereof.  Any fence shall be a minimum of five feet in height and all gates shall be equipped with self-closing and self-latching mechanisms designed to securely close and lock the gate.
  3. Confinement on Leash.  No person shall permit an Aggressive Dog to go outside a Confinement Structure, house or other structure unless the Aggressive Dog is securely restrained with a leash no longer than four (4) feet in length and fitted with a muzzle.  No person shall permit an Aggressive Dog to be kept on a leash unless a responsible person is in physical control of the leash.  The animal shall be in the control of the owner, or a family member, sixteen years of age or older, at all times the animal is not within the owner’s residence.  No leash restraining any Aggressive Dog shall be attached to any inanimate object, including, but not limited to, trees, posts, stakes and buildings.
  4. Muzzle.  It is unlawful for any owner or keeper of an Aggressive Dog to allow the dog to be outside its kennel, pen, or other proper enclosure unless it is necessary for the dog to receive veterinary care.  In such cases, the dog must wear a properly fitted muzzle sufficient to prevent such dog from biting persons or other animals.  Such muzzle shall not interfere with the dog’s breathing or vision.

6-3-20:              REPORTING REQUIREMENTS OF PERMITE:

Any person holding a permit pursuant to this code shall report to the Farmington Police Department the incidence of any of the following events:

  1. The sale, barter, exchange, gift or death of any Aggressive Dog shall be reported within forty-eight (48) hours.
  2. The escape from confinement of any Aggressive Dog shall be reported immediately upon discovery of the escape.
  3. The biting or nipping of any person or animal by an Aggressive Dog shall be reported upon occurrence.
  4. The birth of any offspring of an Aggressive Dog shall be reported within forty-eight (48) hours of the birth of the offspring.
  5. The permanent removal of any Aggressive Dog from the territorial limits of the municipality shall be reported within forty-eight (48) hours of such removal by surrender of the permit by the owner to the City Administrator.
  6. No person shall possess any Aggressive Dog for a period of more than 48 hours without having first applied for a permit therefore from the City.

6-3-21:            SIGN REQUIRED:  All persons possessing an Aggressive Dog shall display in a prominent place on the premises where an Aggressive Dog is to be kept a sign which is readable by the public from a distance of not less than one hundred (100) feet using the words “Beware of Dog – Aggressive Dog”. Such sign must be at   least eight (8) inches by ten (10) inches in rectangular dimensions with lettering not less than two (2) inches in height. A similar sign shall be posted on any Confinement Structure.

6-3-22:            FIGHTING PROHIBITED:  No person shall fight or bait, conspire to fight or bait, or keep, train, or transport for the purpose of fighting or baiting, any Aggressive Dog.

6-3-23: (DELETED ORD. 2021-02) IMPOUNDMENT OF VICIOUS DOG: 

Any Aggressive Dog which by its actions is deemed a Vicious Dog, as defined herein shall be subject to immediate impoundment by the police department in a humane facility for the keeping of dogs. If the incident giving rise to the impoundment has resulted in an injury to a person, upon impoundment by the police department, the chief of police or his designee shall notify the Rabies Control Administrator of the county.

6-3-24:            IMPOUNDMENT OF AN AGGRESSIVE DOG RUNNING AT LARGE:  Any Aggressive Dog found to be running at large by any member of the police department of the municipality shall be presumed to be in violation of this Section and shall be subject to impoundment by the police department in a humane facility for the keeping of dogs.

6-3-25:            REDEMPTION OF AN IMPOUNDED AGGRESSIVE DOG:  An owner of an   Aggressive Dog holding a permit pursuant to this Code may redeem the impounded Aggressive Dog if (a) the Aggressive Dog has been impounded pursuant to this Code or (b) the Aggressive Dog has not caused an injury to a person, subject to the following conditions.

  1. Proof of a valid license issued by the municipality under this Code.
  2. Payment of the cost of keeping the Aggressive Dog during the period of impoundment.

An owner of an Aggressive Dog which has caused an injury to a person resulting in the impoundment of the Aggressive Dog shall be entitled to redeem the Aggressive Dog only in accordance with applicable state and county law and after rabies test results have been received by the City.

6-3-26:            LENGTH OF IMPOUNDMENT: Any Aggressive Dogs not in compliance with this chapter may be taken into custody by the animal control officer and impounded in the animal shelter in a humane manner for a period of not more than ninety-six (96) hours. Aggressive Dogs not claimed after ninety-six (96) hours become the property of the city and shall be destroyed and disposed of in a humane manner. An animal may be reclaimed only after the provisions set forth below have been complied with.

6-3-27:            RECORDS: The animal control officer or his designate shall keep a complete register of every Aggressive Dog impounded showing the time and place of capture, type, breed, color, sex and distinguishing marks, and if licenses, the number of the license and the name and address of the owner.

6-3-28:            NOTICE TO OWNER: The animal control officer shall make every reasonable effort to identify and notify the owner of any impounded animal.

6-3-29:            PAYMENT OF FEES PRIOR TO ANIMAL’S RELEASE: Any impounded or quarantined Aggressive Dog may be redeemed by the owner only upon payment of an impoundment fee of eight ($8.00) dollars per day. Veterinary charges, if any, and such other costs actually incurred by the animal shelter in the care of the animal.

6-3-30:            ADOPTION: The animal shelter has the option of adopting out an unclaimed Aggressive Dog after the ninety-six (96) hours impoundment period. Any additional expenses incurred after the initial ninety-six hours shall not be billed to the city. Any unclaimed animal shall not be returned to its original owner without payment of all fees provided in this article.

6-3-31:            REVOCATION OF PERMIT: A Permit granted pursuant to this Code shall be automatically revoked upon any violation by the permite of any provision of this Code. In the event of a revocation of the permit, the permit fee shall be retained by the City.

6-3-32:            EXCEPTION: This Code shall not apply to any K-9 patrol dogs or police dogs.

6-3-33:            VIOLATIONS AND PENALTIES:

Any person violating or permitting the violation of any provision of this chapter shall be guilty of a civil offense. Upon conviction, by a court of competent jurisdiction to enforce this section, of any violation of this section, the court shall assess a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than Seven Hundred Fifty Dollars ($750.00). Each day such violation shall continue, constitutes a separate offense. In addition to the foregoing penalty, any person who violates this chapter shall pay all expenses, including sums for shelter, food, handling, veterinary care and expert testimony, which are necessitated by the person’s failure to abide by the provisions of this chapter.

Upon a finding by the court that a licensee has violated this Section, the court shall enter an order revoking the permit and ordering the former holder of the permit to remove the Aggressive Dog from the municipality.

6-3-34:            FAILURE TO COMPLY: It shall be unlawful for the owner, keeper or harborers of an Aggressive Dog registered with the City to fail to comply with the requirements and conditions set forth in this Code. Any Aggressive Dog found to be the subject of a violation of this Code shall be subject to immediate seizure and impoundment. In addition, failure to comply will result in the revocation of the permit of such animal resulting in the immediate removal of the animal from the City to the county pound. Said Aggressive Dog may be returned if the City Council so directs after a hearing requested in writing by the dog’s owner, taking into consideration the circumstances surrounding the violation and the public’s safety.

6-3-35:            INSURANCE: All owners, keepers, harborers or possessors of Aggressive Dogs must provide proof to the City Administrator of public liability insurance in a single incident amount of five hundred thousand dollars $500,000.00 for bodily injury to or death of any person or persons or for damage to property owned by any persons which may result from owning, possessing, keeping or maintaining of such animal. Such insurance policy shall provide that no cancellation of the policy will be made unless ten (10) days’ written notice is first given to the City of Farmington.

6-3-36:            DEFINITIONS: 

AGGRESSIVE DOG: Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury to, or otherwise threaten the safety of human beings or domestic animals, as determined by City staff after due investigation of any complaint or incident showing a likelihood of a dog coming within this definition.

OWNER: An “owner” for purposes of this chapter, is defined as any person who owns, possesses keeps, exercises control over, maintains, harbors, transports or sells an animal.

BITE: To seize or cut with the teeth.

CONFINEMENT STRUCTURE: A securely locked pen, kennel or structure designed and constructed for the keeping of an aggressive dog and shall be designed, constructed and maintained in accordance with the standards provided herein. The pen, kennel or structure must have secure sides and a secure top attached to the sides. All structures used to confine registered Aggressive Dogs must be locked with a key or combination lock when the animals are within the structure. The structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than two feet. All structures erected to house Aggressive Dogs must comply with all City zoning and building regulations. The enclosure shall include shelter and protection from the elements and shall provide adequate exercise room, be adequately lighted and ventilated and kept in a clean and sanitary condition.

FIGHT: A prearranged conflict between two or more animals but does not include a conflict that is not organized or is accidental.

K-9 PATROL DOG or POLICE DOG: A professionally trained dog being used by law enforcement officers for law enforcement purposes and activities.

LEASH: A cord, chain, rope, strap or other such physical restraint having a tensile strength of not less than 300 pounds.

MUZZLE: A device constructed of strong, soft material or a metal basket type muzzle. The muzzle must be made in a manner which will not cause injury to the dog or interfere with its vision or respiration, but must prevent it from biting any person or animal.

NIP: To pinch or squeeze with teeth with no breaking of skin or tissue.

DOG RUNNING AT LARGE: The failure to confine an aggressive dog in accordance with a leash, or suitable confinement as defined herein.

  1. S.H.A. Ch. 24, 11-20-9

Title 6 Supplement – Findings of Fact (Aggressive Dog)

Animals

SECTION:

6-4-1:Cruelty
6-4-2:Dangerous Animals
6-4-3:Noises
6-4-4:Strays
6-4-5:Killing Dangerous Animals
6-4-6:Diseased Animals
6-4-7:Housing
6-4-8:Running at Large; Impoundment; Penalty

6-4-1:               CRUELTY: No person shall cruelly treat any animal in the City in any way; any person who inhumanely beats, underfeeds, overloads, or abandons any animal shall be deemed guilty of a violation of this Section. *1

6-4-2:               DANGEROUS ANIMALS: It shall be unlawful to permit any dangerous animal or aggressive animal of any kind to run at large within the City; exhibitions or parades or animals which are ferae naturae in the eyes of the law may be conducted only upon securing a permit from the Chief of Police.

6-4-3:               NOISES: It shall be unlawful to harbor or keep any animals which disturb the peace by loud noises at any time of the day or night.

6-4-4:               STRAYS: It shall be unlawful to permit any cattle, horse, swine, sheep, goats, or poultry to run at large, in the City; any such animal running at large in public place in the City shall be impounded in the manner provided in this Code. It shall further be unlawful to picket or tie any such animal in any of the streets of the City for the purpose of grazing or feeding.

6-4-5:              KILLING DANGEROUS ANIMALS: The members of the Police Department or any other person in the City, are authorized to kill any dangerous animals of any kind when it is necessary for the protection of any person or property. 

6-4-6:               DISEASED ANIMALS: No domestic animal afflicted with a contagious or infectious disease shall be allowed to run at large, to be exposed in any public place whereby the health of man or beast may be affected; nor shall such diseased animal be shipped or removed from the premises of the owner thereof, except under the supervision of the Chief of Police or Health Officer.

It is hereby made the duty of the Health Officer to secure such disposition of any diseased animal and such treatment of affected premises as to prevent the communication and spread of the contagion or infection except in cases where the State Veterinarian is empowered to act. (Ord. 451, 5-6-63)

6-4-7:               HOUSING: It shall be unlawful for any person to keep or to have any non-domestic animals anywhere within the City such non-domestic animals including but not limited to swine, cows, horses, goats, chickens, poultry, mules and sheep; provided that this ordinance shall not apply to animals kept by any landholder on lands located within the City limits and which are a part of a tract of land located in part outside the City, nor to any animals on any tract of land wholly within the city and containing at least one acre where such animals are kept more than one hundred fifty feet (150’) from the dwelling house of any adjoining landholder.

This Ordinance shall not apply to animals located in the City for any fair, festival, parade or other such special event.

Any person, firm or corporation found in violation of this Ordinance shall be subject to penalty of not less than ten dollars ($10.00) or more than one hundred dollars ($100.00) for each offense. (Ord. 77-12, 12-5-77)

6-4-8:               RUNNING AT LARGE; IMPOUNDMENT; PENALTY:

(A)       Running at Large.  It shall be unlawful for any domestic animal or animals of the species of horse, mule, cow, cattle, sheep, swine, ass, goat or dog to run or go at large at any time within the corporate limits of the city.

(B)       Impoundment.  It is hereby made the duty of the several members of the Police Force of the City to pick up each and every animal aforesaid by him or them to be unlawfully at large contrary to the provisions of this Ordinance and to confine the same in such places as may be provided for that purpose.

(C)       Penalty.  Any person, firm or corporation being the owner, possessor, or keeper of any such animal or animals who shall unlawfully suffer or permit the same to run at large in the City in violation of this Ordinance shall be subject to a penalty, together with the fees for impounding and expenses of sustenance for such animals when impounded.

  1. S.H.A. Ch. 24, 11-5-6

Curfew

SECTION:

6-5-1:Age; Hours
6-5-2:Parent, Guardian Responsible

6-5-1:               AGE; HOURS: It shall be unlawful for any person under eighteen (18) years of age to be present at or upon any public assembly building, place, street or highway at the following times, unless occupied and supervised by a parent, legal guardian or other responsible individual at least twenty one (21) years of age, or unless engaged in a business or occupation which the laws of the State of Illinois authorize a person less than eighteen (18) years of age to perform:

Between 12:01 o’clock a.m. and 6:00 o’clock a.m. Saturday
Between 12:01 o’clock a.m. and 6:00 o’clock a.m. Sunday
Between 11:00 o’clock p.m. on Sunday to Thursday, inclusive and 6:00 o’clock a.m. on the following day.

6-5-2:               PARENT, GUARDIAN RESPONSIBLE: It shall be unlawful for any parent, legal guardian or other person having the custody of any minor to normally permit such minor to violate the provisions of this Chapter. *1 (Ord. 344, 9)

  1. Not available

Removal, Seizure and Impounding of Vehicles

SECTION:

6-6-1:Definitions
6-6-2:Vehicles as Nuisance
6-6-3:Leaving Abandoned Vehicle on Street Prohibited
6-6-4:Removal and Impoundment of Inoperable and Abandoned Motor Vehicles
6-6-5:Seizure of Certain Vehicles
6-6-6:Enforcement
6-6-7:Additional Penalties
6-6-8:Exceptions Impound and Storage Fees

6-6-1:               DEFINITIONS: the following definitions shall apply in the interpretation and enforcement of this Chapter:

ABANDONED VEHICLE:  All vehicles left unattended for the time periods indicated in Section 6-6-4 (B) 1, 2, and 3.

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. (Ord. 91-12, 6-17-91)

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 automobile, truck, trailer, motorcycle, tractor, buggy, and wagon. (Ord. 71-10, 6-7-71, eff. 6-17-71)

INOPERABLE MOTOR VEHICLE:   Any motor vehicle from which, for a period of at least 7 days or any greater period fixed by ordinance, the engine, wheels or other parts have been removed, or on which the engine, wheels or other parts have been altered, damaged or otherwise so treated that the vehicle is incapable of being driven under its own motor power. It shall not include a motor vehicle which has been rendered temporarily incapable of being driven under its own motor power in order to perform ordinary service or repair operations. (Ordinance 2018-16) 08/06/18

PERSON:  Any person, firm, partnership, association, corporation, company or organization of any kind.

PROPERTY:  Shall mean any real property within the City of Farmington which is not a street or highway.

CONTROLLED SUBSTANCE:  Any substance as defined by the Illinois Controlled Substance Act (720 ILCS 570/201 et. seq.), as amended from time to time, and cannabis as defined by the Cannabis Control Act (720 ILCS 550/1 et. seq.), as amended from time to time.

DRUG PARAPHERNALIA:  Any equipment, product, and/ or materials as defined in Section 2 of the Drug Paraphernalia Act (720 ILCS 600/2), as amended from time to time.

DRIVING UNDER THE INFLUENCE:  Any violation as defined by the Illinois Vehicle Code (625 ILCS 5/11-501), as amended from time to time.

DRIVING WHILE LICENSE, PERMIT OR PRIVILEGE TO OPERATE A MOTOR VEHICLE IS SUSPENDED OR REVOKED:  Any violation as defined by the Illinois Vehicle Code (625 ILCS/ 6-303), as amended from time to time.

OPERATION OF A MOTOR VEHICLE WITHOUT A VALID DRIVER’S LICENSE:  A violation of Section 6-101 and/or 6-303 of the Illinois Vehicle Code, as amended from time to time (625 ILCS 5/6-101 and 625 ILCS 5/6-303), as amended from time to time, where the driver’s license or driving privileges have been suspended, revoked, cancelled, never obtained, or previously have been obtained and have expired for not less than 6 months.

OWNER OF RECORD:  The title record holder to a motor vehicle.

UNLAWFUL USE OF WEAPONS:  A violation of Section 24-1 of the Criminal Code of 1961 (720 ILCS 5/24-1 et seq.), as amended from time to time.

6-6-2:               VEHICLES AS NUISANCE:  All inoperable motor vehicles, on public or private property and in view of the general public are hereby declared to be public nuisances and no person shall permit such a vehicle or parts thereof to remain on public or private property. However, this Chapter shall not apply to any motor vehicle that is kept within a building when not in use, to operable historic vehicles over twenty five (25) years of age, subject to the provisions of Section 6-6-8 herein, or to a motor vehicle on the premises of a place of business engaged full-time in the repairing, wrecking or junking of motor vehicles. (Ord. 91-12, 6-17-91)

Also, any motor vehicle which is damaged or deteriorated or in need of repair for thirty (30) days or more and is located upon private property in the City of Farmington, outside of any enclosure which encloses the vehicle completely from lateral view on all sides constitutes a danger to persons, including children, or constitutes a blight upon the property or neighborhood in which it is located, is hereby declared to be a nuisance.

Any motor vehicle which otherwise meets the definition of “Inoperable Motor Vehicle” contained in this Chapter is declared a nuisance notwithstanding that is has not been in its current location seven (7) days if it has been the subject of a notice given under this Chapter within the preceding thirty (30) days. (Ord. 96-08)

All inoperable motor vehicles, whether on public or private property and in view of the general public, to be a nuisance and authorize fines to be levied for the failure of any person to obey a notice received from the municipality which states that such person is to dispose of any inoperable motor vehicle under his control, and may authorize a law enforcement agency, with applicable jurisdiction, to remove, after 7 days from the issuance of the municipal notice, any inoperable motor vehicle or parts thereof. However, nothing in this Section shall apply to any motor vehicle that is kept within a building when not in use, to operable historic vehicles over 25 years of age, or to a motor vehicle on the premises of a place of business engaged in the wrecking or junking of motor vehicles, or to any motor vehicle in the custody of the Farmington Police Department parked in their fenced impound area at the Municipal Building. (Ordinance 2018-16, 08/06/18)

6-6-3:               LEAVING ABANDONED VEHICLE ON STREET PROHIBITED: The abandonment of any vehicles on any part of any street in the City is unlawful and subject to penalties as set forth in this Chapter. (Ord. 91-12, 7-6-92)

6-6-4:               REMOVAL AND IMPOUNDMENT OF INOPERABLE AND ABANDONED MOTOR VEHICLES:  The City shall have the right to cause abandoned and inoperable vehicles to be removed as follows:

(A)       Inoperable Vehicles:  Inoperable vehicles may be removed by the City Police Department or a towing service authorized by the Police Department seven (7) days after issuance of municipal notice to the owner of the vehicle and owner of the property. If the owner of the vehicle cannot be determined, notice shall be given in the form of a sticker placed upon the vehicle by the Police Department. The notice provided for herein shall include the right to a hearing and be substantially as follows: (Ord. 91-12, 6-17-91)

Title 6 Supplement – Notice of Inoperable Motor Vehicle 6-6-4 (A)

Impounded Vehicle Hearing Procedure

MOTION TO OPEN PUBLIC HEARING

SWEARING IN OF WITNESSES

PRESENTATION OF CHARGES OR BASIS OF TOWING/IMPOUNDMENT

TESTIMONY OF POLICE OFFICER TAKING REPORT / PRESENTATION OF ANY SUPORTING EVIDENCE

QUESTIONS ON OFFICER TESTIMONY

TESTIMONY OF VICTIM / PRESENTATION OF ANY SUPPORTING EVIDENCE

QUESTIONS ON VICTIM TESTIMONY

TESTIMONY OF ANY WITNESSES TO INCIDENT / PRESENTATION OF ANY SUPPORTING EVIDENCE

QUESTIONS ON WITNESS TESTIMONY

TESTIMONY OF VEHICLE OWNER / PRESENTATION OF ANY SUPPORTING EVIDENCE

QUESTIONS OF VEHICLE OWNER TESTIMONY

TESTIMONY OF WITNESSES ON BEHALF OF VEHICLE OWNER

QUESTIONS ON WITNESS TESTIMONY

READING ALOUD OF ACTUAL CITY CODE AS IT RELATES TO CASE PRESENTED / RECAP OF EVIDENCE AND TESTIMONY PRESENTED

MOTION TO CLOSE THE PUBLIC HEARING

DISCUSSION ON EVIDENCE PRESENTED AND VOTE BY COUNCIL MEMBERS AS TO THE ISSUES PRESENTED

(B)      Abandoned Vehicles:  Abandoned vehicles may be removed by the Police Department or a towing service authorized by the Police Department as follows:

  1. When any abandoned vehicle is left on a highway in an urban district in the City for ten (10) hours or more, or outside of an urban district for twenty four (24) hours or more, its removal by a towing service may be authorized by the Police Department of the City.
  2. When any abandoned, unattended, wrecked, burned, or partially dismantled vehicle is creating a traffic hazard because of its position in relation to highway or its physical appearance is causing the impeding of traffic, its immediate removal from the highway or private property adjacent to the highway by a towing service may be authorized by the Police Department of the City.
  3. An abandoned vehicle on private property, except on the property of the owner of the vehicle may be removed by the Police Department or the City seven (7) days after notice is issued to the owner of the vehicle.

(C)      Process:  The process for impounding vehicles under this Section shall be as follows:

  1. When a vehicle is removed by authorization of the Police Department of the City as set forth above, the owner of the vehicle shall be responsible for all towing and storage charges.
  2. When the Police Department of the City authorizes impounding of a vehicle and does not know the identity of the registered owner, lien holder or other legally entitled person, it will cause the vehicle registration records of the State of Illinois to be searched by the Secretary of State for the purpose of obtaining the required ownership information.

    The Police Department will cause the stolen motor vehicle files of the State Police to be searched by a directed communication to the State Police for stolen or wanted information on the vehicle. The information determined from these record searches will be used in sending a notification by certified mail to the registered owner, lien holder, and other legally entitled persons advising where the vehicle is held, requesting a disposition be made and setting forth public sale information. Notification shall be sent no later than ten (10) days after the date the Police Department impounds or authorizes the impounding of a vehicle; provided, that if the law enforcement agency is unable to determine the identity of the registered owner, lien holder or other person legally entitled to ownership of the impounded vehicle within a ten (10) day period after impoundment, then notification shall be sent no later than two days after the date the identity of the registered owner, lien holder, or other person legally entitled to ownership of the impounded vehicle is determined.
  3. When the registered owner, lien holder, or other person legally entitled to the possession of a vehicle cannot be identified from the registration files of this State or from the registration files of a foreign state, if applicable, the Police Department shall notify the State Police, for the purpose of identifying the vehicle owner or other person legally entitled to the possession of the vehicle.
  4. When a vehicle is authorized to be towed away as provided above, the Police Department shall keep and maintain a record of the vehicle towed, listing the color, year of manufacture, manufacturer’s trade name, manufacturer’s series name, body style, Vehicle Identification Number, license plate year and number and registration sticker year and number displayed on the vehicle. The record shall also include the date and hour of tow, location towed from, location towed to, reason for towing, and the name of the officer authorizing the tow.
  5. Any time before a vehicle is sold at public sale or disposed of as provided herein, the owner, lien holder, or other person legally entitled to its possession may reclaim the vehicle by presenting to the Police Department proof of ownership or proof of the right to possession of the vehicle. No vehicle shall be released to the owner, lien holder, or other person under this Section until all towing and storage charges have been paid.
  6. When an abandoned, lost, stolen, inoperable, or unclaimed vehicle seven (7) years of age or newer remains unclaimed by the registered owner, lien holder, or other person legally entitled to his possession for a period of thirty (30) days after notice has been given as provided herein, the Police Department or towing service having possession of the vehicle shall cause it to be sold at public auction to a person licensed as an automotive parts recycler, rebuilder, or scrap processor or the towing operator who towed the vehicle. Notice of the time and place of the sale shall be posted in a conspicuous place for at least ten (10) days prior to the sale on the premises where the vehicle has been impounded. At least ten (10) days prior to the sale, the Police Department or the towing service where the vehicle is impounded, shall cause notice of the time and place of the sale to be sent by certified mail to the registered owner, lien holder, and other persons known by the law enforcement agency or towing service to be legally entitled to the possession of the vehicle. Such notice shall contain a complete description of the vehicle to be sold and what steps must be taken by any legally entitled person to reclaim the vehicle.

    In the instances where the certified notification specified above has been returned by the postal authorities to the Police Department or towing service due to the addressee having moved, or being unknown at the address obtained from the registration records of this State, the sending of a second certified notice shall not be required.
  7. When the identity of the registered owner, lien holder, and other person legally entitled to the possession of an abandoned, lost, or unclaimed vehicle of seven (7) years of age or newer cannot be determined by any means provided for above, the vehicle may be sold as provided above without notice to any person whose identity cannot be determined.

    When an abandoned vehicle of more than seven (7) years of age is impounded as specified by this Chapter, it will be kept in custody for a minimum of ten (10) days for the purpose of determining the identity of the registered owner and lien holder and contacting the registered owner and lien holder by the US mail, public service or in person for a determination of disposition; and, an examination of the State Police stolen vehicle files for theft and wanted information. At the expiration of the ten (10) day period, without the benefit of disposition information being received from the registered owner or the lien holder, the Police Department will authorize the disposal of the vehicle as junk or salvage. A vehicle classified as an antique vehicle may however be sold to a person desiring to restore it.
  8. When a vehicle in the custody of the Police Department is reclaimed by the registered owner, lien holder, or other legally entitled person, or when the vehicle is sold at public sale or otherwise disposed of as provided in this Chapter, a report of the transaction will be maintained by the Police Department for a period of one year from the date of the sale or disposal.
  9. When a vehicle located within the corporate limits of the City is authorized to be towed away by the Police Department and disposed of as set forth in this Chapter, the proceeds of the public sale or disposition after the deduction of towing, storage, and processing charges shall be deposited in the Treasury of the City.
  10. No city officer or employee, law enforcement officer or agency, or employee, or a towing service owner, operator or employee shall be held to answer or be liable in any action brought by the registered owner, or his legal representative, lien holder or any other person legally entitled to the possession of a vehicle when the vehicle was processed and sold or disposed of as provided by this Chapter. (Ord. 91-12)

6-6-5:              SEIZURE OF CERTAIN VEHICLES:

(A)      Vehicles subject to seizure and impounding:  A vehicle shall be subject to seizure and impounding under this Chapter where such vehicle is used in any of the following:

  • a. The possession or delivery of a controlled substance or drug paraphernalia.
  • b. Driving under the influence.
  • c. Driving while license, permit, or privilege to operate a motor vehicle is suspended or revoked.
  • d. Operation of a motor vehicle without a valid driver’s license.
  • e. The unlawful use of weapons.
  • f. Any other violation of the Illinois Criminal Code, Illinois Controlled Substances Act, the Cannabis Control Act, the Illinois Food, Drug and Cosmetic Act, or the Methamphetamine Control and Community Protection Act.

(B)      Process:  Whenever the Police Department has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to this Chapter, it shall:

  1. Cause the motor vehicle to be towed to a facility controlled by the City or its agents.  When the vehicle is towed, the Police Department shall notify any person identifying himself or herself as the owner of the vehicle or any person who has been found to be in control of the vehicle at the time of the alleged violation, if there is such a person, of the fact and legal basis of the seizure and the vehicle owner’s right to request a hearing as provided by applicable state law.  A copy of said notice shall also be sent simultaneously to the Sheriff of the county of seizure.
  2. Notify the Sheriff of the county, the Secretary of State and the State’s Attorney of any seizure under this Section within 48 hours of such seizure and impoundment, or as otherwise provided under the Illinois Criminal Code (720 ILCS 5/36-1 et seq.) and the Illinois Drug Asset Forfeiture Act (725 ILCS 1501 et seq.).  If so directed by the Sheriff, the seized vehicle shall be transported to the said Sheriff, and other directions of the Sheriff shall also be followed.

6-6-6:              ENFORCEMENT: It shall be the duty of the code enforcement officer of this City to investigate and make report of apparent violations of this Ordinance to the Police Chief of this City who shall, thereupon, take the necessary steps to enforce this Ordinance. Nothing herein contained, however, shall be construed to prevent any other person from making complaint with the proper authorities for any alleged violation of this Ordinance. 

6-6-7:              PENALTIES: Any person who violates or aids and abets in the violation of the     above provisions is guilty of a petty offense, and:4

(A)      Shall be fined not less than fifty dollars ($50.00) nor more than one hundred dollars ($100) for each offense, each day the violation is permitted or maintained constituting a separate offense, and each motor vehicle involved constituting the subject of a separate offense;

(B)      Shall be required by the Court to make a disposition of the seized, abandoned or unclaimed vehicle and pay all towing and storage charges. (Ord. 92-13, 7-6-92)

6-6-8:              EXCEPTIONS: The following are allowable exceptions to the provisions of this Chapter:

(A)       Vehicles which are twenty-five (25) years old or older and are being restored to an operable condition may be stored on private property outside an enclosed building.  This is to be in the driveway of the residence at a point not to protrude past the front line of the residence or in the rear yard of the property, and subject to the following requirements:

  1. No more than two (2) of these vehicles are allowed at one (1) location at the same time.
  2. A permit application for each vehicle must be filed with the City Administrator prior to approval for the storage of the vehicle.
  3. A permit fee of seventy-five dollars ($75.00) will be charged for each permit.
  4. Permits will be valid for one (1) year. Limit of three (3) permits per year per residence. (Ord. 04-04, 3-15-04)

(B)      Fees and Costs.

The processing fee referred to in this Chapter 6, shall be $300.00 per vehicle.

The storage cost referred to in this Chapter 6, shall be $5.00 per day per vehicle.

The towing cost referred to in this Chapter 6, shall be that normal and customary charge for the type of subject vehicle charged by the towing company hired to tow the vehicle.

Weeds

SECTION:

6-7-1:Weeds Prohibited
6-7-2:Height
6-7-3:Removal; Notice
6-7-4:Abatement
6-7-5:Lien for Costs
6-7-6:Fine

6-7-1:               WEEDS PROHIBITED: It shall be unlawful for any person to permit the lot or premises owned or possessed by him, on the street in front of or adjoining the lot or premises owned or occupied by him, to become overgrown with weeds; and the same shall be cleared and all trash or dirt shall be removed, and such premises kept in neat and clean condition.

6-7-2:               HEIGHT: It shall be unlawful to permit any weeds, grass or plants other than trees, bushes, flowers, vegetables, or other ornamental plants, to grow to a height exceeding eight  inches (8”) anywhere in the City; any such plants or weeds exceeding such height are declared to be a nuisance.

6-7-3:               REMOVAL; NOTICE: It shall be the duty of the Chief of Police to serve or cause to be served notice upon the owner or occupant of any premises on which weeds or plants are permitted to grow in violation of the provisions of the Ordinance, and to demand the abatement of the nuisance within ten (10) days.

6-7-4:               ABATEMENT: If the person so served does not abate the nuisance within ten (10) days, the Chief of Police may proceed to cause the abatement of such nuisance, keeping an account of the expense of the same, and such expense shall be charged to and paid by the owner or occupant.

6-7-5:               LIEN FOR COSTS: If the owner or occupant charged with expense of abatement shall fail to pay therefore within thirty (30) days, then the Clerk may cause to be filed within sixty (60) days a Notice of Lien in the office of the Recorder of Deeds of Fulton County, Illinois. The notice shall consist of a sworn statement setting out (1) description of the real estate sufficient for identification thereof, (2) the amount of money representing the cost and expense incurred or payable for such abatement, and (3) the date or dates when such cost and expense was incurred by the City. (Illinois Revised Statutes, Chapter 24, Sections 11-20-6 and 11-6-7, 1975) (Ord. 77-7, 6-27-77)

6-7-6:               FINE: Any person in violation of the terms of this Chapter may be fined not less than $20.00 nor more than $100 for each offense. Each day, such violation is committed or permitted to continue, shall constitute a separate offense and shall be punishable as such hereunder. (Ord. 94-11, 6-6-94)

Truancy

SECTION:

6-8-1:Definitions
6-8-2:Compulsory School Attendance
6-8-3:Exemptions
6-8-4:Parental Responsibility
6-8-5:Truancy Prohibited
6-8-6:Penalty

6-8-1:              DEFINITIONS:

The following words, terms and phrases when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Truant is defined as a child subject to compulsory school attendance who is absent without valid cause from such attendance for a school day or portion thereof.

Valid cause is defined as personal illness, serious family illness, death in the immediate family, observance of a religious holiday, family emergency, court appearance, or such other circumstance which causes reasonable concern to the parent or legal guardian for the safety or health of the student.

6-8-2:              COMPULSORY SCHOOL ATTENDANCE:

Whoever has custody or control of any child between the ages of seven and 17 years shall cause such child to attend a public, private, parochial or home school the entire time it is in session during the regular school term.

6-8-3:              EXEMPTIONS:

The following children shall be exempt from compulsory school attendance:

  1. Any child who is physically or mentally unable to attend school as long as such disability is certified by a licensed physician.
  2. Any child who is lawfully employed who has been excused from attendance at school by the superintendent of schools pursuant to section 5/26-1 of the Illinois School Code.

6-8-4:              PARENTAL RESPONSIBILITY:

Each parent or legal guardian of a child between the ages of seven and 17 years shall be responsible for such child’s attendance.

6-8-5:              TRUANCY PROHIBITED:

(a)     It shall be unlawful for any person who has custody or control of a child who is between the ages of seven and 17 years to permit such child not to attend a public, private, parochial or home school during the entire time it is in session during the regular school terms without valid cause.

(b)     It shall be unlawful for any person between the ages of seven and 16 years not to attend a public, private, parochial or home school without valid cause.

6-8-6:              PENALTY:

(a)     Any person convicted of a violation of any act declared to be unlawful by this article shall be punished by a fine of not less than $50.00 nor more than $500.00 for each offense.

(b)     No person shall be found guilty of more than one violation of this article as a result of any one occurrence.

Diseases

SECTION:

7-1-1:Enforcement of Rules and Regulations
7-1-2:Householder to Notify
7-1-3:Duty of Attending Physician
7-1-4:Notification by Board of Health
7-1-5:Duty of Board to Quarantine
7-1-6:Quarantine Provisions
7-1-7:Disinfection of Premises
7-1-8:Disinfection of CLothing by Physician and Attendants
7-1-9:Disinfection of Vehicle
7-1-10:Vending or Giving Away Infected Clothing
7-1-11:Infected Person Not to be Brought Into City
7-1-12:Removal of Infected Person Within the City
7-1-13:Removal Without City
7-1-14:Clothing or Property in Infected Building
7-1-15:Occupant of Infected Building Changing Residence
7-1-16:Person Inflicted to Keep Off Streets
7-1-17:Duty to Provide Place for Nonresidents
7-1-18:Vaccination

7-1-1:               ENFORCEMENT OF RULES AND REGULATIONS: The necessary rules and regulations concerning cholera, smallpox, yellow fever, diphtheria, typhoid fever and other contagious and infectious diseases shall be enforced by the Board of Health under the supervision of the Health Commissioner; and all public officers of the City in their proper capacities, are hereby commanded and enjoined to assist the Board of Health in the enforcement of the said rules and regulations. *1 (R.O. 1911, Sec. 216)

7-1-2:               HOUSEHOLDER TO NOTIFY: Every householder within the limits of the City in whose dwelling there shall occur a case of cholera, yellow fever, typhoid fever, scarlet fever, diphtheria or smallpox, shall immediately notify a member of the Board of Health of the same. (R.O. 1911, Sec. 217)

7-1-3:               DUTY OF ATTENDING PHYSICIAN: All physicians and other attendants upon any person with smallpox, cholera, typhoid fever, diphtheria, or other disease dangerous to public health, shall immediately report the same member of the Board of Health. (R.O. 1911, Sec. 218)

7-1-4:               NOTIFICATION OF BOARD OF HEALTH: The Board of Health when notified as to the existence of any of the diseases enumerated in the preceding Section shall at once notify the State Board of Health of the existence of such disease, and shall subsequently cause a full report to be made by the Health Commissioner to the Secretary of State Board of Health, upon the blank forms furnished for that purpose. (R.O. 1911, Sec. 219)

7-1-5:               DUTY OF BOARD OF QUARANTINE: It shall be the duty of the Board of Health to immediately inspect all cases of contagious, malignant or infectious diseases within the limits of the City, and to use such means to quarantine such cases as the Board may deem proper and lawful. (R.O. 1911, Sec. 220)

7-1-6:               QUARANTINE PROVISIONS: Immediately upon receiving the report of the existence of cholera, yellow fever, scarlet fever, diphtheria or smallpox, the Health Commissioner, or some other member of the Board, shall attach in a prominent place, near the front entrance of the infected building, a flag or placard of suitable size and color, bearing the name of the disease.

The Health Commissioner, or other member of the Board, shall also in such cases as required by the rules of the State Board of Health, establish quarantine and prevent all persons except physicians, nurses and necessary attendants, form entering or departing from such premises. The Board of Health, if such be necessary, is empowered to employ guards to enforce quarantine. The Health Commissioner may direct the removal of any person suffering from any of the diseases enumerated in this Section to a hospital or other proper public place. (R.O. 1911, Sec. 221)  

7-1-7:               DISINFECTION OF PREMISES: After the recovery, or death, of a patient of any infectious or contagious disease, the premises and clothing shall be disinfected by the Health Commissioner, or under his direction, in the manner prescribed by the State Board of Health. (R.O. 1911, Sec. 222)

7-1-8               DISINFECTION OF CLOTHING BY PHYSICIAN AND ATTENDANTS: Any physician, nurse or other person, attending, or being about any person having any contagious or infectious disease, shall as soon as possible change or purify his wearing apparel before going upon any street or into any public place. (R.O. 1911, Sec. 223)

7-1-9:               DISINFECTION OF VEHICLE: All drivers or owners of vehicles or conveyances which have been used for the conveyance of any person infected with a contagious or infectious disease, shall immediately disinfect such vehicle or conveyance.

7-1-10:             VENDING OR GIVING AWAY INFECTED CLOTHING: No person or persons shall give, lend, sell or expose any clothing, rags, bedding or other thing, which has been exposed to infection or contagion. (R.O. 1911, Sec. 225)

7-1-11:             INFECTED PERSON NOT TO BE BROUGHT INTO CITY: No person or thing liable to propagate any contagious or infectious disease shall be brought within the limits of the City without the special permission and direction of the Board of Health; and whenever it shall come to the knowledge of any person that such person or thing has been brought to the knowledge of any person that such person or thing has been brought within such City, he shall immediately give notice to a member of the Board of Health, together with the location thereof. (R.O. 1911, Sec. 226)

7-1-12:             REMOVAL OF INFECTED PERSON WITHIN THE CITY: No person shall, within the limits of the City, without a permit from the Board of Health, carry, or remove from one building to another, any person infected with any contagion or infection dangerous to the public health. (R.O. 1911, Sec. 227)

7-1-13:             REMOVAL WITHOUT CITY: No person afflicted with any contagious or infectious disease, or who is liable to communicate or spread the contagion thereof, shall be shipped or removed from the City to any other place, except by the authority and direction of the Board of Health. (R.O. 1911, Sec. 228)

7-1-14:             CLOTHING OR PROPERTY IN INFECTED BUILDING: No clothing or other property which may have been exposed to the infection or contagion mentioned in this Chapter, shall be removed from the house until authority to do so is received from the Board of Health. (R.O. 1911, Sec. 229)

7-1-15:             OCCUPANT OF INFECTED BUILDING CHANGING RESIDENCE: No occupant of any dwelling house which is infected by any of the diseases mentioned in this Chapter, shall change his residence elsewhere without the consent of the Board of Health during the prevalence of any public danger from such disease. (R.O. 1911, Sec. 231)

7-1-16:             PERSON INFLICTED TO KEEP OFF STREETS: No person having or having had any infectious or contagious disease, shall go about in the public streets or any other public place while in danger of giving such disease to others; provided, this shall not apply to cases where such person or persons shall have obtained from the Board of Health a written certificate that such person is in no danger of giving the disease to others. (R.O. 1911, Sec. 231)

7-1-17:             DUTY TO PROVIDE PLACE FOR NONRESIDENTS: It shall be the duty of the Mayor, when necessary, to lease or rent some suitable room, or rooms, for the care of persons not permanent residents of the city who may have been exposed to any contagious or infectious disease, and to employ suitable and necessary medical or other attendants, to provide for the comforts of such patients. The expense thereof shall be reported to the Council for allowance. (R.O. 1911, Sec. 232)

7-1-18:             VACCINATION: Whenever smallpox exists in the City of in the vicinity thereof, or its appearance is apprehended, the Board of Health shall issue a proclamation setting for the facts, pointing out the danger, and calling upon the people to be vaccinated. Such vaccination shall be performed at the cost of the City for all persons who are unable to pay for the same. At such times, no child shall be received, or retained, in any public or private school who shall not possess certificate of external vaccination, signed by the family physician or Health Commissioner. All person exposed to a case of smallpox shall be immediately vaccinated by the Health Commissioner or under his direction. (R.O. 1911, Sec. 233)

  1. S.H.A. Ch. 24, Sec. 110-20-5

Deaths and Burials

SECTION:

7-2-1:Death Certificates
7-2-2:Burial Permits
7-2-3:Record of Burial Permits
7-2-4:Transportation of Bodies
7-2-5:Burial at Night

7-2-1:               DEATH CERTIFICATES: Every physician in attendance upon any persons who shall die within the City shall, upon the form supplied by the Board of Health, file with the Health Commissioner within twenty four (24) hours f death, the death certificate, stating the name, age, sex, residence and cause of death of the deceased. On or before the tenth day of each month, the Health Commissioner shall send to the State Board of Health all death certificates filed within the preceding month. *1 (R.O. 1911, Sec. 234)

7-2-2:               BURIAL PERMITS: A burial permit shall be issued by the Health Commissioner upon his receipt of the usual certificate of death filed by (1) the standing physician in the case; or if none, by (2) one of the parents of the deceased; or, if none, by (3) the nearest of kin, or if none, by (5) any reputable citizen cognizant with the facts and circumstances of the death; or if the death be a subject of inquest by (6) officer holding said inquest. *2 (R.O. 1911, Sec. 235)

7-2-3:               RECORD OF BURIAL PERMITS: The Health Commissioner shall enter in a suitable book, kept by him for that purpose, a record of all burial permits issued, specifying the date of issue and to whom issued, together with all items of information contained in the certificate upon which the issue of such permits is based. (R.O. 1911, Sec. 236)

7-2-4:               TRANSPORTATION OF BODIES: The transportation or removal of bodies of person who have died of smallpox, cholera, yellow fever, diphtheria, or other disease dangerous to public health is forbidden within the limits of the city except in conformity with the rules and regulations of the State Board of Health concerning came. (R.O. 1911, Sec. 237)

7-2-5:               BURIAL AT NIGHT: No burial or exhumation of any body shall be permitted in the nighttime unless for good reasons to be interred in full upon the record book of the Health Commissioner. (R.O. 1911, Sec. 238)

Diseased Animals

SECTION:

7-3-1:Diseased Animals at Large
7-3-2:Board of Health; Duties
7-3-3:Burial of Dead Animals

7-3-1:               DISEASED ANIMALS AT LARGE: No domestic animal with a contagious or     infectious disease shall be allowed to run at large or be exposed in any public place whereby the health of any other animal or any person may be affected, within the limits of the City, nor shall such diseased animal be shipped or removed from the premises of its owner, except under the supervision of the Board of Health or State Veterinarian. *1 (R.O. 1911, Sec. 239)

7-3-2:               BOARD OF HEALTH; DUTIES: It is the duty of the Board of Health to secure    such disposition of any diseased animal, and such treatment of infected premises, as to prevent the communication and spread of the contagion or infection, except in cases where the State Veterinarian is empowered to act. In all cases, the Board of Health shall cooperate with the State Veterinarian so far as such cooperation shall be necessary to the protection of the health of citizens. (R.O. 1911, Sec. 240)

7-3-3:               BURIAL OF DEAD ANIMALS: No person, being the owner or keeper of a dead animal, shall allow the same to remain unburied twenty- four (24) hours within the City limits. (R.O. 1911, Sec. 241)

  1. S.H.A. Ch. 24, Sec. 11-20-5.

Adulterated Foodstuffs

SECTION:

7-4-1:Impure or Adulterated Water, Drugs or Food
7-4-2:Inspection of Foods
7-4-3:Confiscation
7-4-4:Flies
7-4-5:Conveyance of Fresh Foods

7-4-1:               IMPURE OR ADULTERATED WATER, DRUGS OR FOOD: It shall be unlawful for any person or any agent or employee thereof, to keep for sale, offer for sale, or exchange, or to sell or deliver or expose for sale, any drugs not conforming to the rules and standards of the United States Pharmacopoeia, or any water or liquids, or food, which shall be impure, unwholesome, adulterated, or to which any harmful or injurious substance has been added. (R.O. 1911, Sec. 242)

7-4-2:               INSPECTION OF FOODS: Every keeper of a meat market or dealer in meats, or grocer or milk dealer, shall allow the Health Commissioner and other duly authorized employees of the Board of Health to freely and fully inspect any milk, meat, fish or vegetable or other foodstuffs, kept, offered or intended for sale by them or either of them, and shall answer all reasonable and proper questions asked by such officers relative to the condition thereof, and of the places where such articles may be.

7-4-3:               CONFISCATION: It shall be unlawful for any person to expose for sale in the city, any diseased, emaciated, tainted, or putrid meat or provision which may be deemed unwholesome, and it shall be the duty of the Board of Health or any member thereof having knowledge of such fact to forthwith seize and destroy all such meat and provisions. (R.O. 1911, Sec. 245)

7-4-4:               FLIES: It shall be unlawful for any person to offer or expose for sale in any store or building, or in or upon any stand, shelf basket or other receptacle outside of any store or building, and fresh meats, fish, fowls or fruits, unless the same is protected by cover, screening or netting, sufficient to prevent and exclude flies and other insects from coming in contact with such foodstuffs. (R.O. 1911, Sec. 246)

7-4-5:               CONVEYANCE OF FRESH FOODS: It shall be unlawful for any person to offer or expose for sale any fresh meat, fish or bread, which had been conveyed along any road or street, without first being sufficiently covered so as to percent flies, insects and dust from coming in contact with the aforesaid fresh meat, fish or bread. (R.O. 1911, Sec. 247)

Nuisances

SECTION:

7-5-1:Public Nuisance Declared
7-5-2:Duties of Health Commissioner
7-5-3:Sanitation in Schools
7-5-4:Deposit of Offal
7-5-5:Notices; Removal

7-5-1:              PUBLIC NUISANCE DECLARED

            The following acts, conduct and conditions set forth in this chapter are hereby declared and defined to be nuisances, and when committed, performed or permitted to exist by any individual, firm, association or corporation within the territorial limits of the city, are hereby declared to be unlawful and prohibited. A nuisance when used in this chapter includes everything which endangers life or health, gives offense to the senses, violates the laws of decency, or obstructs the reasonable and comfortable use of property, the unwarrantable or unlawful use by any person of his property so as to produce material annoyance, inconvenience, discomfort, or hurt to any person or the public in general:

(A) Any act or offense which is a nuisance according to the common law of the state of Illinois, or declared or defined to be a nuisance by the ordinances of the city. In addition, the officials of the municipality shall be authorized to abate any nuisance which, while not specifically defined within this section, shall constitute the unreasonable, unwarrantable, or unlawful use by a person of property real or personal or from his own improper, indecent or unlawful personal conduct which works an obstruction or injury to a right of another, or of the public, and produces such material annoyance, inconvenience, discomfort, or hurt that the law will presume an actionable nuisance. Nuisances may be abated which are public or which are both public and private in nature.

(B) To cause or suffer the carcass of any animal or any offal, filth or noisome substance to be collected, deposited or to remain in any place under his ownership or control to the prejudice of others.

(C) To throw or deposit any offal or other offensive matter, or the carcass of any dead animal in any watercourse, lake, pond, spring, well or common sewer, street or public highway.

(D) To corrupt or render unwholesome or impure the water of any spring, river, stream, pond or lake, to the injury or prejudice of others.

(E) To obstruct or encroach upon public highways, private ways, streets, alleys, commons, landing places, and ways to burying places.

(F) To erect, continue or use any building or other place for the exercise of any trade, employment or manufacture, which, by occasioning noxious exhalations, offensive smells or otherwise, is offensive or dangerous to the health of individuals, or of the public.

(G) To advertise wares or occupation by painting notices of the same on, or affixing them to fences, walls, windows, building exteriors, utility poles, or on hydrants, other public or private property, or on rocks or other natural objects, without the consent of the owner, or if in the highway or other public place, without permission of the proper authorities.

(H) To harass, intimidate or threaten any person who is about to sell or lease or has sold or leased a residence or other real property or is about to buy or lease or has bought or leased a residence or other real property, when the harassment, intimidation or threat relates to a person’s attempt to sell, buy or lease a residence, or other real property, or refers to a person’s sale, purchase or lease of a residence or other real property.

(I) To dump, abandon, deposit, dismantle or burn upon any public property or right of way, highway, park, street or parkway anywhere in the city any trash, garbage, ashes, junk, junked or wrecked motor vehicles or parts thereof, or miscellaneous waste.

(J) To store, keep, or maintain outside of a closed building, any junk, parts, machinery or equipment not in an operable condition, any unused or discarded household appliance to include water heaters, refrigerators, freezers, stoves, microwaves, washing machines, clothes dryers,  or any other inoperable household appliance and or any motor vehicle not in an operable condition, where such inoperable motor vehicle is an actual danger or detriment to life, safety, health or peaceful enjoyment of the property of surrounding landowners; provided, however, that this provision shall not apply to a properly licensed junkyard or other permitted outdoor storage use which is in full compliance with all of the ordinances of the city governing the same.

 (K) To own, maintain or keep a dwelling unit or a structure unfit for human habitation, or dangerous or detrimental to life, safety or health because of lack of repair, defects in the plumbing system, lighting or ventilation, the existence of contagious diseases or unsanitary conditions likely to cause sickness among persons residing in said premises or residing in proximity thereof.

(L) To store or place any materials in a manner which may harbor rats.

(M) To produce or permit to be produced, whether on public or private property, any offensive noise to the disturbance of the peace or quiet of any person residing in the vicinity.

(N) For the owner or keeper of any lot or premises to permit to stand or remain thereon, water which is or may become stagnant, foul or offensive, as well as dangerous to the health and comfort of persons residing in the neighborhood thereof;

(O) For any person to permit or suffer any offal, filth, refuse, animal or vegetable matter which is liable to become putrid, offensive or injurious to health, to remain on any premises, used or occupied by him for a longer period than twenty four (24) hours at any one time;

(P)  To erect, continue or use any building, or any other place, for the exercise of any trade, employment or manufacture, which by occasioning noisome or offensive smells, or otherwise, is offensive or dangerous to health or individuals or of the public.

(Q)  To erect, or use habitually, any house, building or lot for the purpose of butchering or slaughtering cattle, cows, sheep or swine without permission granted by the Council.

(R)  It shall be unlawful for any person to deposit anywhere in the city any uncovered refuse, or garbage. Uncovered refuse or garbage or is hereby declared to be a nuisance.

(S)  It shall be unlawful to permit any building, structure or place to remain in such a condition as to be dangerous to the public health in any way. Any such structure, building or place is hereby declared to be a nuisance.

(T)  To obstruct or encroach upon any highway, private ways, right of ways, streets, alleys, commons, landing spaces, and ways as to obstruct, distract and or inconvenience the motoring public.

(U) All places and the fixtures and movable contents thereof, used for the purpose of unlawfully selling, possessing, serving, storing, delivering, manufacturing, cultivating, giving away or using controlled substances are hereby declared to be nuisances and may be abated as hereinafter provided and the owners, agents, occupants of and any other person using any such place may be enjoined as hereinafter provided. (740 ILCS 40/2)

(V)  To store, dump, or permit the accumulation of debris, refuse, garbage, trash, tires, buckets, cans, wheelbarrows, garbage cans, or other containers in a manner that may harbor mosquitoes, flies, insects, rodents, nuisance birds, or other animal pests that are offensive, injurious, or dangerous to the health of individuals or the public.

NONSUMMARY ABATEMENT, NOTICE:

Except where otherwise provided by the ordinances of the city, any officer of the city possessing police powers may serve or cause to be served a notice, in writing, upon the owner, agent, occupant or person in possession, charge or control of any lot, building or premises or item of personalty in or upon which any nuisance, requiring them, or either or both of them, to abate the same within a specified reasonable time, in such manner as the notice shall direct.

NONSUMMARY ABATEMENT:

If the person so served and notified does not abate the nuisance within the specified reasonable time, the corporate authorities may proceed to abate the nuisance in any or all manner allowable by law, including, without limiting the generality thereof, the following:

(A) Seeking to impose a penalty as defined by this chapter by instituting an ordinance enforcement action.

(B) Seeking to enjoin the continuation of the nuisance by the filing of a lawsuit in a court of competent jurisdiction.

(C) Should the person(s) so served under this chapter, in a reasonable time frame on his own accord and expense, abate said nuisance after having been served a violation for said nuisance, may have his penalty waived by a majority vote of the City Council.

SUMMARY ABATEMENT:

Whenever, in the opinion of an officer of the city possessing police powers, the maintenance or continuation of a nuisance creates an imminent threat of serious injury to persons or serious damage to personal or real property, or if the nuisance can be abated summarily without or with only minor damage to the items or premises which are creating the nuisance, and the continuation of the nuisance poses a substantial threat of injury to persons or property or a substantial interference with the quiet enjoyment of life normally present in the community, such officer shall proceed to abate such nuisance; provided, further, that whenever the owner, occupant, agent or person in possession, charge or control of the real or personal property which has become a nuisance is unknown or cannot readily be found, the municipal officer with police power may proceed to abate such nuisance without notice. Where the abatement of the nuisance requires continuing acts by the corporate authorities beyond the initial summary abatement and any other additional emergency abatements, it shall seek abatement of such nuisance on a permanent basis through judicial process as soon as reasonably possible.

PENALTY:

Any person violating any of the provisions of this chapter shall be fined not less than Seventy five dollars ($75.00) nor more than five hundred dollars ($500.00) for each offense; and a separate offense shall be deemed committed on each and every day during or on which a violation occurs or is permitted to continue

7-5-2:               DUTIES OF HEALTH COMMISSIONER: It shall be the duty of the Health Commissioner to serve a notice in writing upon the owner, occupant, agent, or person in possession, charge or control of any lot, building or premises, in or upon which any of the preceding nuisances may be found, or who may be the owner or cause of any such nuisance, requiring them or either of them to abate the same in such manner as he may prescribe, within a reasonable time, provided, that it shall not be necessary in any case for the Health Commissioner to specify in his notice the manner in which any nuisance shall be abated unless he shall deem it advisable so to do; and such notices may be given or served by a policeman, or any other officer who may directed to give or serve the same; and it shall be the duty of such officer to proceed at once, upon expiration of the time specified in such notice, to cause nuisance to be abated; provided, that whenever the owner, occupant, agent or person in possession, charge or control of premises in or upon which any nuisance may be found, is unknown or cannot be found, the Health Commissioner shall proceed to abate such nuisance without notice; and in either case the expense of such abatement shall be collected from the person or persons who may have created, continued or suffered such nuisance to exist.

7-5-3:               SANITATION IN SCHOOLS: The Board of Health shall have jurisdiction in all matters pertaining to the health of those in attendance upon the public and private schools in the City and it shall be the duty of said Board of Health:

(A) To require all persons attending the schools in the City, either as teacher or pupil, to present satisfactory evidence of proper and successful vaccination;

(B) To exclude from the schools any person suffering from a contagious or infectious disease, or who is liable to convey such disease to the others in attendance;

(C) To make regular inspections of all school buildings and premises, as to their hygienic condition; and to report such inspection to the Council and those having charge or control of such schools, with instructions as to the remedy of conditions (if any such are found) whereby the health of those in attendance may be impaired or life endangered. (R.O. 1911, Sections 255 and 256)

In the event of failure or refusal of those having charge or control to carry out the instructions given by the Board of Health, then the Board of Health shall cause such faulty conditions to be remedied at proper cost and expense of those having charge or control of the school or schools. (R.O. 1911, Sec. 257)

7-5-4:               DEPOSIT OF OFFAL: The deposit of offal, night soil, refuse or offensive matter or substance of any description, upon any street, alley, vacant lot, public ground or premises within the limits of the City, except such be by the direction or permission of the Board of Health, is declared a nuisance and punishable as such. (R.O. 1911, Sec. 258)

7-5-5:               NOTICES; REMOVAL: It shall be the duty of all policemen to exercise a vigilant supervision over the streets, alleys, vacant lots, public grounds and premises, and to notify any person making such deposit, or who is responsible for the same, to remove the offending matter at once and to properly cleanse the place. (R.O. 1911, Sec. 259)

  1. S.H.A. Ch. 24, Sec. 11-60-2.

Milk

SECTION:

7-6-1:License Required
7-6-2:Application for License
7-6-3:Rules and Regulations
7-6-4:Definition
7-6-5:Requirements; Restrictions
7-6-6:Labels on Containers
7-6-7:Violation

7-6-1:               LICENSE REQUIRED: No person shall engage in the sale, delivery or distribution of milk within the City without a license therefore as hereinafter provided. For the purpose of this Chapter, the word “milk” as used herein, shall include skimmed milk, sour milk, buttermilk and cream. This Chapter shall be construed as applying severally to the different classes of persons licensed hereunder. *1

7-6-2:               APPLICATION FOR LICENSE: Persons desiring to engage in such business within the City shall make application to the Clerk, who with the Mayor, shall have power to issue license upon satisfactory proof that the applicant is entitled to same. The annual fees foe engaging in the business of the sale, delivery and distribution of milk shall be one dollar. ($1.00).

7-6-3:               RULES AND REGULATIONS: The Board of Health is hereby invested with the power to make rules and regulations regarding the application for license, the issuance and revocation thereof wherever these rules and regulations of this Chapter may be violated, and to make suitable and regulations governing the sanitary conditions under which milk is produced, transported, stored and handled. The Sanitary Police, or other representative of the Board of Health, shall have authority to enter at all reasonable hours and inspect all places where milk is kept, transported or produced.

7-6-4:               DEFINITION: Milk is the lacteal secretion, practically fee from colostrum, obtained by the complete milking cows, which contain not less then eight and one-fourth percent (8 ¼%) milk solids-not-fat and not less then three and one-fourth percent (3 ¼ %) milk fat. *2

7-6-5:               REQUIREMENTS; RESTRICTIONS: All raw milk offered for sale or kept for sale or distribution to the consumer of raw milk in the City shall be derived form animals proven healthy by veterinarian examination and free from tuberculosis; shall not contain more that two hundred thousand (200,000) bacteria per milliliter, nor any pathogenic bacteria, and shall be produced under the following conditions:

(A)       All person living on premises 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. 

(B)       No person who is a typhoid, paratyphoid, diphtheria or septic sore throat carrier shall be employed in the production of or handling of such milk. *3

(C)       It shall be the duty of every person with knowledge of the facts to notify the Board of Health at once of any sickness in any person or persons living or employed in any place where milk is produced, handled or sold. Milk and Milk derivatives, which have been exposed, shall not be shipped into or sold in the City, unless the consent of the Board of Health or legally qualified authority has been secured.

7-6-6:               LABELS ON CONTAINERS: No milk except skimmed milk, buttermilk or sour milk, shall be peddled or sold at retail in quantities less than one gallon except in containers bearing the true name of the article, the name and address of the producer, dealer or distributor and the net volume of the contents, in accordance with the Illinois Food Law.

7-6-7:               VIOLATION: When it appears from the record that this Chapter has been violated, the Board of Health or other legally qualified authority shall cause notice of such fact to be given to the party or parties concerned, the party or parties so noticed shall be given an opportunity to be heard; the notice shall specify the date, hour, and place of hearing; the hearing shall be private. If after such hearing the Board of Health or other legally qualified authority shall believe this Chapter has been violated, he shall cause the party or partied concerned to be prosecuted. (Ord. 194, 12-1-24) 

  1. For Statute provisions regarding the sale of milk see S.H.A. Ch. 56 ½, et seq.
  2. S.H.A. Ch. 56 ½, 170.01.
  3. S.H.A. Ch. 56 ½, 213a.

Garbage

SECTION:

7-7-1:Definitions
7-7-2:Deposits in Containers
7-7-3:Container Specifications
7-7-4:City to Collect
7-7-5:Service Charge
7-7-6:Accumulation of Garbage and Debris Prohibited
7-7-7:Roll off Dumpsters

7-7-1:               DEFINITIONS: For the purpose of this Chapter the following terms shall have the definitions herein ascribed to them:

GarbageThe term “garbage” as used in this Chapter shall be held to mean and include waste resulting from the handling, preparation, cooking and consumption of food, waste from handling, storage and sale of produce.
DebrisRefuse, as defined in this Chapter, including but not limited to combustible trash including but not limited to paper, cartons, boxes, barrels, wood, excelsior, tree branches, yard trimmings, wood furniture, noncombustible trash including but not limited to metals, tin cans, metal furniture, dirt, small quantity of rock, pieces of concrete, glass, crockery, or metal waste, steel. (Ord. 91-16, 9-16-91)
DumpsterThe term “dumpster” as used in this Chapter shall be held to mean and include a metal container, capable of being mechanically adapted to the loading equipment of the City garbage truck. (Ord. 80-1, 3-3-80)
RefuseCombustible trash including but not limited to paper, cartons, boxes, barrels, wood, excelsior, tree branches, yard trimmings, wood furniture, noncombustible trash including but not limited to metals, tin cans, metal furniture, dirt, small quantity of rock, pieces of concrete, glass, crockery, or metal waste, steel.
RubbishIncluding but not limited to steel sweepings, dirt, leaves, dirt container of litter, receptacles by refuse does not mean earth and waste from building operations nor shall it include solid waste resulting from industrial premises and manufacturing operations such as food producing waste, boiler-house cinders, lumber sweepings and shavings. (Ord. 70-11, 1970)
AshesResidue from fire used for cooking and heating buildings. (Ord. 70-11, 1970)

7-7-2:               DEPOSITS IN CONTAINERS: It shall be unlawful for any person to deposit or place any garbage, within the meaning of this Chapter, in any alley, street, river or other public place within the City, nor shall any person deposit or place any garbage upon private property whether owned by such person or not within the limits of the City, unless the same shall be enclosed in a suitable container. *1 (Ord. 362, 9-4-51)

7-7-3:               CONTAINER SPECIFICATIONS: Containers used in the residential areas shall be as requested by the collector contracted by the City Council. These shall conform to all local, State and Federal regulations applicable to the disposal of solid waste, including separation of various materials as required by these regulations. (Ord. 90-02, 6-4-90)  However, such containers shall be one of the following types of Approved Container and meet the following requirements:

“Approved Container” shall mean as follows:

  1. For Household Waste:
    • Bundle – An accumulation of securely tied (if appropriate) Household Waste not exceeding four (4) feet in length nor fifty (50) pounds in weight
    • Can – A durable and reusable metal or plastic container, commonly referred to as a “garbage can” that has a capacity of not less than four (4) gallons nor more than thirty-two (32) gallons and a weight of not more than fifty (50) pounds and that is animal proof, watertight, and equipped with handles so that it may be lifted by one (1) person and with a tight-fitting cover or lid.
    • Dumpster – A metal container, commonly referred to as a “dumpster”, that has a volume of one (1) cubic yard or more and that is animal proof, watertight, equipped with an attached and tight-fitting cover or lid, designed for handling by mechanical means, and compatible with the equipment of the contractor engaged by the City to provide Residential Waste Collection, transportation, and disposal services.
    • Toter – A wheeled cart, commonly referred to as a “toter”, that has a capacity of ninety (90) gallons and that is animal proof, watertight, equipped with and attached and tight fitting cover or lid, and compatible with the equipment of the Contractor engaged by the City to provide Residential Waste Collection, transportation, and disposal services.
  2. For Landscape Waste:
    • A two (2) ply, fifty (50) pound wet strength, self-opening, flat-bottom, compostable paper bag for the collection of Landscape Waste with a capacity of not more than thirty-two (32) gallons.
    • A bundle not exceeding four (4) feet in length nor fifty (50) pounds in weight of limbs, branches, and/or brush not exceeding six (6) inches in diameter securely tied using biodegradable cord, rope, string, or twine.
  3. For Recyclable Waste:
    • An approved, durable, reusable, hard walled plastic bin or container with a capacity of not more than eighteen (18) gallons designed and intended solely for the containment of Recyclable Waste.
    • A bundle not exceeding four (4) feet in length nor fifty (50) pounds in weight of broken down-corrugated cardboard securely tied using biodegradable cord, rope, string, or twine.

For purposes of this section only, the following definitions shall apply:

  • “Dwelling unit” shall mean a living space designed and intended to accommodate a single family.
  • “Household Waste” shall mean any and all accumulations of waste material resulting from the operation of a dwelling unit.
  • “Landscape Waste” (also known as Yard Waste) shall mean all accumulations of grass or shrubbery cuttings, leaves, tree limbs, and other materials as the result of the care of lawns, shrubbery, vines, trees, but shall not include soil.
  • “Recyclable Waste” shall mean the following:
    1. Corrugated cardboard
    2. Clear and colored glass bottles/containers
    3. Aluminum, bi-metal, steel, and tin cans.
    4. Newspapers.
    5. All high-density polyethylene (H.D.P.E.), low density polyethylene (L.D.P.E.) and polyethylene terephthalate (P.E.T.) plastics
    6. Any other items the City and the Contractor engaged by the City to provide Residential Waste collection, transportation, and disposal services may agree to recycle in the future. (Ordinance No. 2009-06 Adopted 06/01/2009).

7-7-4:                CITY TO COLLECT: The City shall cause to be collected all garbage, refuse and yard waste permissible by regulations from the residential areas placed in containers as specified in Section 7-7-3. ( Ord. 90-08, 7-16-90)

7-7-5:                SERVICE CHARGE: There is hereby established a service charge of thirteen dollars ($13.00) per month on all residences within the corporate limits from September 31, 2007 until December 31, 2007 and thirteen dollars forty-five cents ($13.45) from January 1, 2008 until December 31, 2008. This shall be billed every month with the City water/sewer bills. (Ord. 2007-11).

7-7-6:                ACCUMULATION OF GARBAGE AND DEBRIS PROHIBITED:

(A) Garbage and Debris: It shall be unlawful for any person to permit the lot and premises owned or possessed by him to have accumulated thereupon garbage and debris; and the same shall be removed and such premises kept in a neat, clean and sanitary condition.

(B) Removal; Notice: It shall be the duty of the Chief of Police to serve or cause to be served notice upon the owner or occupant of any premises on which garbage and debris are permitted to accumulate in violation of the provisions of this Ordinance, and to demand the abatement of such nuisance within five (5) days.

(C) Abatement: If the person so served does not abate the nuisance within five (5) days, the Chief of Police may proceed to cause the abatement of such nuisance, keeping an account of the expense of the same, and such expense shall be charged to and paid by the owner or occupant.

(D) Lien for Costs: If the owner or occupant charged with expense of abatement shall fail to pay therefore within thirty (30) days of the date said garbage and/or debris is removed, then the Clerk may cause to be filed within sixty (60) days of the date said garbage and/or debris is removed, a Notice of Lien in the office of the Recorder of Deeds of Fulton County, Illinois. The notice shall consist of a sworn statement setting out (1) the description of real estate sufficient for identification thereof, (2) the amount of money representing the cost of expense incurred or payable for such abatement, and (3) the date or dates when such cost and expense was incurred by the City. *2 (Ord. 91-16, 9-16-91)

7-7-7:                ROLL OFF DUMPSTERS: Any dumpster of a type that is trucked to its location and rolled off the transport for later pick up, shall not be parked in the City of Farmington for longer than 30 days in any 365 day period without being dumped. (Ordinance NO. 2009-10 Adopted 11/21/09)

  1. Not available
  2. S.H.A. Ch. 24, 11-20-13.

Mosquito Breeding

SECTION:

7-8-1:Mosquito Control and Abatement
7-8-2:Penalty

7-8-1:               MOSQUITO CONTROL AND ABATEMENT:

(A)       Standing Water as Public Nuisance: All stagnant water in which mosquitoes can multiply is hereby declared to be a public nuisance. All items containing stagnant water, which can serve as a breeding ground for mosquitoes, are hereby declared to be a public nuisance. This includes, but is not limited to, bottles, cans, buckets, swimming pools, clogged gutters or any other places containing stagnant water. The outdoor storage of open, unrimmed tires for more than seven (7) consecutive days is declared a public nuisance. The foregoing declarations of public nuisance shall not apply to ditches, drainage ways, detention basins, lakes, streams, and natural land formations where water may collect.

(B)       It shall be unlawful for any property owner, lessee, tenant, or other person otherwise in control of property to allow a public nuisance as set forth in Section 7-8-1 (A) to exist on any property owned, leased, used, occupied or in which such person otherwise has an interest to remain on such property.

(C)       Nuisance Abatement: In the event of a violation of Section 7-8-1 (A) the City Administrator or his designee, shall notify, in writing, such owner, occupant, person in control, or agent to remove such public nuisance. In the event such owner, occupant, person in control, or agent cannot be located after reasonable inquiry, posting shall be sufficient notice. The notice shall state that unless such nuisance is so abated or removed by a specified date, the City will cause it to be abated or removed, that the cost thereof will be charged to the owner, occupant, or person causing, permitting or maintaining the nuisance, and that such cost shall be a lien upon the real property where the nuisance was abated or removed. Such notice shall also state that the failure of such owner, occupant, person in control, or agent to abate the nuisance as required by such notice shall be deemed an implied consent for the City to abate or remove such nuisance. Such implied consent shall be deemed to form a contract between such owner, occupant, person in control, or agent who fails to abate any nuisance within the time limit specified in such notice, the City may proceed to abate such nuisance, keeping an account of the expense of the abatement as to each particular lot or tract, and such expense shall be charged and paid by such owner, occupant, person in control, or agent.

(D) Administrative Expense: in addition to the expense set forth in Section 7-8-1 (C) the City shall charge a fifty dollar ($50.00) fee to cover a portion of the administrative cost incurred for removal of the nuisance. Where the City causes the removal of public nuisances form more than one lot in the same subdivision and said lots are owned by the same persons, then the City shall charge a fifty dollar ($50) fee for the first such lot and a five dollar ($5.00) fee for each additional lot.

(E) Lien or Personal Judgment: If the cost of abating or removing the nuisance remains unpaid, the City at its option, may file a lien upon the real property where the nuisance was abated or removed, or commence proceedings in the Circuit Court seeking personal judgment from the owner of or person interested in such property where the nuisance was abated or removed.

a. Lien: When the City exercises its right to file a lien upon the real property where the nuisance was abated or removed, the City must file a Notice of Lien in the office of the Recorder of Deeds of Fulton County. Such notice shall consist of a sworn statement setting out:

  1. A description of the real estate, sufficient for identification.
  2. The amount of money representing the cost and expense incurred or payable to the service and;
  3. The date or dates, when such cost, or expense was incurred by the municipality. This lien shall be superior to all other liens except taxes, provided, however, it shall not be valid as to any purchaser whose right in and to such real estate have risen subsequent to the date on which such costs were incurred and prior to filing of such Notice and a lien of the City shall not be valid as to any mortgages, judgment, creditor, or other lien whose rights in and to such real estate arise prior to the filing of such notice. Upon payment of the costs and expenses by the owner or any other person interested in such property, after the Notice of Lien has been filed, the lien shall be released by the City and the release may be filed of records as in the case of filing the Notice of Lien. The lien may be enforced by proceeding to foreclosure, as provided by law.

b. Personal Judgment: When the City exercises its right to obtain a personal judgment against an owner, occupant, person in control, or agent for the cost of abatement or removal of a nuisance, the City shall file an action in the Circuit Court against any person or persons to whom notice is sent as authorized in Section 7-8-1 (C).

Said action shall be based upon the implied consent by said persons to form a contract with the City for the abatement or removal of said nuisance. The action authorized by this paragraph shall be in addition to, without waiver, of any other remedy.

7-8-2:               PENALTY: Any person found guilty of violating, disobeying, omitting, neglecting or refusing to comply with or resisting or opposing the enforcement of any of the provisions of this chapter, except when otherwise specifically provided, upon conviction thereof shall be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense. A separate and distinct offense shall be regarded as committed each day upon which said person shall continue any such violation or permit any such violation to exist. (Ord. 03-04)

Streets and Sidewalks

SECTION:

8-1-1:Naming Streets
8-1-2:Street Additions to Conform
8-1-3:File Copy of Plat
8-1-4:File Deed for Streets
8-1-5:Grade; Datum Plane
8-1-6:Unprotected Excavations; Signal Lights
8-1-7:Permission to Remove Earth
8-1-8:Removal of Land Monuments
8-1-9:Obstructions or Encroachments
8-1-10:Permit Before Excavation
8-1-11:Barricades on Sidewalk
8-1-12:Deposits on Sidewalks
8-1-13:Bonfires on Streets
8-1-14:Receiving Merchandise on Sidewalk
8-1-15:Animals on Sidewalk
8-1-16:Street Sales Prohibited; Exceptions
8-1-17:Poles
8-1-18:Conveyances on Streets
8-1-19:Leaving Horses Unhitched
8-1-20:Moving Buildings
8-1-21:Back Fills
8-1-22:Driveways
8-1-23:Display of Street Numbers

8-1-1:               NAMING STREETS: The names of the various streets of the City shall be and remain the same as given on the respective plats of the original town and various additions thereto as recorded in the Recorder’s office of Fulton County, Illinois, and as may be amended from time to time. (R.O. 1911, Sec. 411)

8-1-2:               STREET ADDITIONS TO CONFORM:  In any addition or subdivision of lots or blocks, or parts of same, hereafter to be made to or in the City, the proprietor or owner shall so plat or establish the same that streets and blocks shall conform to the established streets and blocks which such addition or subdivision may adjoin, such streets to be contagious and straight and of the same width; provided, that any desired change may be made in these particulars by consent of the Council, to whom all such plats and subdivisions shall first be submitted at a regular meeting thereof, before recording the same. (R.O. 1911, Sec. 412)

8-1-3:               FILE COPY OF PLAT: It shall be the duty of the City Engineer, or any other surveyor, who shall make any plat of any addition or subdivision to the City, to make out and leave with the Clerk a full and perfect copy thereof. (R.O. 1911, Sec. 413)

8-1-4:               FILE DEED FOR STREETS: It shall be the duty of the owner or proprietor of any such addition or subdivision to file with the Clerk, a deed, properly acknowledged by the proper official, covering the parts of then plats dedicated to streets and alleys. (R.O. 1911, Sec. 414)

8-1-5:               GRADE; DATUM PLANE: A base or datum plane of reference to which all City levels hereafter shall refer is hereby established at sea level 741.531 feet below United States geological survey bench mark on public school house steps on West Fort Street, and all permanent grades of all streets and alleys in the City hereafter fixed, shall refer to said base and datum plane, and all sidewalks constructed or laid shall be upon levels established with reference to said datum plane. (R.O. 1911, Sec. 415)

8-1-6:               UNPROTECTED EXCAVATIONS; SIGNAL LIGHTS: No contractor for any public work, not officer or other person making an excavation in any street, alley or sidewalk of the City, shall leave same open in the nighttime and unprotected by signal lights or otherwise so as to endanger the safety of persons or animals passing thereby, nor shall leave any debris in the nighttime unprotected by signal lights or otherwise on said streets. (R.O. 1911, Sec. 416)

8-1-7:               PERMISSION TO REMOVE EARTH: It shall be unlawful for any person to, for private purpose, take, remove or carry away any earth or sod from any street or alley or public ground without first obtaining permission from the Council. (R.O. 1911, Sec. 417)

8-1-8:               REMOVAL OF LAND MONUMENTS: It shall be unlawful for any person to purposely change or remove any stake, post or stone placed or set to designate the corner or line of any lot or land, street or alley, or show the grade at any street, alley or sidewalk. (R.O. 1911, Sec. 365) 

8-1-9:               OBSTRUCTION OR ENCROACHMENTS: It shall be unlawful for any person    to make any encroachment upon any street or alley of the City and to in any way obstruct or encumber same, except as authorized by the provisions of this Code. *1 (R.O. 1911, Sec. 418)

8-1-10:             PERMIT BEFORE EXCAVATION: It shall be unlawful for any person to make any excavation in any street or alley in the City without first obtaining permission from the Council to do the same. (R.O. 1911, Sec. 419)

8-1-11:             BARRICADES ON SIDEWALKS: It shall be unlawful for any person to remove any barricades erected in front or about any defective sidewalk or street within the City, or in any way interfere with, change or destroy such barricade, until such sidewalk or street is repaired or rebuilt. (R.O. 1911, Sec. 367)

8-1-12:             DEPOSITS ON SIDEWALKS: It shall be unlawful for any person the throw, cast, lay or place on any sidewalk in the City, the rind or peel of any orange, banana, apple or fruit .  (R.O. 1911, Sec. 368)

8-1-13:             BONFIRES ON STREETS: It shall be unlawful for any person to build fires upon the streets or alleys of the City. (R.O. 1911, Sec. 420)

8-1-14:             RECEIVING MERCHANDISE ON SIDEWALK: The use of more then three feet (3’) of the outer edge of the sidewalks of the City for the purpose of receiving goods and merchandise is hereby prohibited, and such use of said three feet (3’) thereof shall be no longer than reasonably necessary for receiving and delivering such goods and merchandise, and shall in no case be continuous more than six (6) successive hours. (R.O. 1911, Sec. 421)

8-1-15:             ANIMALS ON SIDEWALKS: No horse, cow or other animal shall be led, ridden, driven or permitted by its owner or keeper to be led, ridden, or driven upon, over or across any sidewalk or lawn within the curb line of any sidewalk in said City, except at the entrance of some building or lot where no suitable crossing is provided. (R.O. 1911, Sec. 422)

8-1-16:             STREET SALES PROHIBITED; EXCEPTIONS: The streets, alleys or public grounds of the City shall not be used by any person for the purpose of selling goods, wares or merchandise, or for the pursuit of any occupation thereon, unless a permit is first obtained, as provided by the provisions of this Code; provided, however, that this Section shall not apply to persons coming into the City from the country with produce for market, raised by themselves; to persons selling vegetables, berries, fruits, milk or other farm products of their own production; nor the sale and delivery of newspapers; not to judicial sales. *2 (R.O. 1911, Sec. 424)

8-1-17:             POLES: No telegraph, telephone, electric light or other poles shall be set upon any street, alley or public grounds within the city, nor shall any wire be strung or hung along or across any street, alley or public park, unless authority be given by the Council. *3 All poles authorized to be set by the Council shall be set in accordance with authority given or the work shall be under the supervision of the Superintendent of Streets. (R.O. 1911, Sec. 425)

8-1-18:             CONVEYANCES ON STREETS: Persons drawing upon the public streets crushed stone, gravel, ashes, cinders, lime, manure or any loose or liquid material likely to sift, seep or be blown upon the streets, shall convey same in tight wagon boxes, and in case any shall fall or be scattered upon the street, such person shall cause it to be forthwith removed. (R.O. 1911, Sec. 427)

8-1-19:             LEAVING HORSES UNHITCHED: No horse or horses, mules or other animals attached to vehicles shall be permitted to remain unhitched upon any street or ally in the City; provided, however, this Section shall not apply to licensed vehicles, and to horses and vehicles used by merchants in delivering their goods and merchandise in the usual course of business. (R.O. 1911, Sec. 428)

8-1-20:             MOVING BUILDINGS: No person shall remove any house or building through or along any street or alley of the City without having obtained a permit to do so from the Superintendent of Streets. Such permit shall state the route along which said house or building shall pass. Such house and building shall be removed so as not to unnecessarily obstruct any street or alley or public way in any manner or for a longer time than may be actually necessary to the prompt and diligent removal thereof. Should the removal of such house or building over the route so indicated in said permit require the interference with or disturbing of any electric light, telephone, trolley or other wires, whether owned by the City, private corporation or person, at least forty eight (48) hours’ notice shall be given by the person to whom the permit is granted to the owners of such wires to cut, raise or otherwise disturb same, and said person holding such permit shall deposit with the Superintendent of Streets a sum of money for the use of the owners of such wires sufficient to cover reasonable costs of or damage to same. (R.O. 1911, Sec. 94)

8-1-21:             BACK FILLS: It shall be unlawful for any person to back fill any ditches made on any of the arterial streets in the City with any substance excepting a granulated material; said granulated material consisting of sand of sand and gravel having a top size not to exceed three inches (3”) in diameter. (Ord. 411; 10-23-56)

8-1-22:             DRIVEWAYS: Prior to the installation of a new driveway on an existing curb and gutter street, a permit shall be obtained from the City. There shall be no fee for this permit. The property owner shall have the option of either, removing the existing curb in its entire depth and replacing it with a concrete depressed curb, matching with the existing curb line or utilizing the saw cut method whereby the existing curb is cut down in a gradual manner to create a depressed curb allowing entry into the driveway. Either option shall be at the expense of the property owner. The work shall be subject to the inspection and approval of the City. (Ord. 96-23 10-7-96)

8-1-23:             DISPLAY OF STREET NUMBERS.  Each owner or occupant of any residential, commercial or other structure to which a street number has been assigned shall place such street number on the structure, in a position that is obvious and able to be read from any public right-of-way abutting the property on which the structure is located.  All numerals shall be Arabic measuring not less than three (3) inches high or greater than five (5) inches high to assist the timely identification of properties for emergency personnel and city service providers.  Any such property owner or occupant who fails to display street numbers in conformity with this section shall be fined pursuant to section 1-4-1 of this Code.  (Ordinance 2009-15 10/19/2009)

  1. S.H.A. Ch. 24, 11-80-3
  2. S.H.A. Ch. 24, Sec. 11-80-20
  3. S.H.A. Ch. 24, Sec. 11-80-14

Sidewalk Construction

SECTION:

8-2-1:Construction of Sidewalks
8-2-2:Permanent Sidewalks
8-2-3:Cost Apportioned
8-2-4:Supervision
8-2-5:Owner Defaulting

8-2-1:               CONSTRUCTION OF SIDEWALKS:  All new sidewalks and condemned sidewalks shall be constructed by special taxation, levied upon abutting land owners, and all ordinances providing for the building of sidewalks shall specify the material which shall be used in such construction or repair; the width and location of the same; the portion, if any of the cost thereof to be borne by the City; and that the owners of the abutting lands shall have the time allowed by law to build and construct same, and in all respects said ordinances shall conform to the law. *1 (R. O.  1911, Sec. 426)

8-2-2:               PERMANENT SIDEWALKS: All permanent sidewalks hereinafter constructed shall, unless otherwise ordered by the ordinance providing for the construction of the sidewalk, be of the uniform width of five feet and one inch (5’1”) from outside to outside of permanent curbing and shall conform to the following specifications:

(A) Brick Walls: Excavate no less then ten inches (10”) below grade line, full length and breadth of sidewalk to be constructed except at crossings, there to excavate not less than twelve inches (12”) below grade line; said line may be established by the Street and Sidewalk Committee and Superintendent of Streets, or as the Council may direct. Fill the ditch six inches (6”) with cinders, sand or gravel, well tamped, and on top thereof two inches (2”) of sand, laying curbing with brick placed on end, unless otherwise ordered. Lay walk with brick placed flat ways except at crossings, these to be laid edgeways, all to be done in good, workmanlike manner under the supervision of the Superintendent of Streets.

(B) Cement Walks: Excavate not less than twelve inches (12”), the same as directed in constructing brick walks. Fill ditch eight inches (8”) with cinders, sand or gravel and the balance with best Portland cement in such proportions as good workmanship will require for the construction of the best grade of walk, leaving top smooth; all to be done in a good, workmanlike manner. (R.O. 1911, Sec. 429)

8-2-3:               COST APPORTIONED: The owner of any lot, block or parcel of ground adjoining which a permanent brick walk is ordered laid, shall pay one-half (1/2) the total cost of such sidewalk if constructed of brick; and if a cement or stone sidewalk is laid adjoining any lot, block, tract or parcel of ground in the City, the City shall pay so much of the cost thereof as would be equivalent to one-half (1/2) the cost of a similar sidewalk built of brick and the residue of the cost of said cement or stone sidewalk shall be paid by the owners of the lots, clocks, tracts or parcels of ground adjoining which said new sidewalk is constructed in proportion to their frontage upon said sidewalk. (R.O. 1911, Sec. 430)

8-2-4:               SUPERVISION: The owners of lots or parcel of land adjoining which new sidewalks are ordered are hereby ordered to construct the same in accordance with the specifications hereof, and under the supervision of the Superintendent of Streets, or Council, the same to be completed in thirty (30) days after the publication of an ordinance providing therefore, or within a similar time after the same are duly ordered to be constructed. (R.O. 1911, Sec. 431)

8-2-5:               OWNER DEFAULTING: In case of default of any lot owner to construct the sidewalks as herein ordered, the same shall be constructed by the City, and a bill of the costs of such sidewalks, showing in separate items the cost of excavating, materials, laying down and supervision, shall be filed with the Clerk by the Superintendent of Streets, together with a list of the lots or parcels of land touching the line of said sidewalk, the names of the owners thereof and their frontage on the line of said walk; whereupon the Clerk shall proceed to prepare a special tax against said lots or parcels, and to collect such special tax against said lots or parcels, and to collect such special tax in accordance with Statute law. (R.O. 1911, Sec 432)

  1. S.H.A. Ch. 24, Sec. 11-80-13 amd. 1963

Waterworks and Sewerage Systems

Chapter 3: Reserved

Chapter 3 WATERWORKS AND SEWERAGE SYSTEMS, of the Ordinances of the City of Farmington is hereby deleted in its entirety and shall now read as follows: Chapter 3 RESERVED (ORDINANCE 2018-18, 08/06/18)

Sewer Regulations

SECTION:

8-4-0:Definitions
8-4-1:Sewer Use Ordinance
8-4-1.1:Use of Public Sewers Required
8-4-1.2:Private Sewage Disposal
8-4-1.3:Building Sewers and Connections
8-4-1.4:Use of the Public Sewers
8-4-1.5:Protection of Sewage Works From Damage
8-4-1.6:Powers and Authority of Inspectors
8-4-1.7:Penalties
8-4-2:User Charge Ordinance
8-4-2.1:Wastewater Service Charges
8-4-2.2:Industrial Cost Recovery
8-4-2.3:Billing
8-4-2.4:Effective Date of Rates
8-4-2.5:Validity
Appendix No. 1 Surcharge Cost or Customers
Appendix No. 2 Applications for Sewer Permits
8-4-3:Monthly Statements
8-4-4:Delinquencies
8-4-5:Disconnect for Failure to Pay
8-4-6:Funds Kept Separate
8-4-7:Sewage Fund
8-4-8:Accounting; Audit
8-4-9:Sewer Deposit Required

8-4-0:               DEFINITIONS: Unless the context specifically indicate otherwise the meanings of terms used in this Ordinance shall be as follows:

FEDERAL GOVERNMENT
Federal ActThe Federal Water Pollution Control Act (33 U.S.C. 1251 et. seq.) as amended by the Federal Water Pollution Act of Amendments of 197(Pub. L. 92-500) and Pub. L. 93-243).
AdministratorThe Administrator of the U.S. Environmental Protection Agency.
Federal GrantThe U.S. Government participation in the financing of the construction of treatment works as provided for by Title II – Grants for Construction of Treatment Works of the Act and implementing regulations.
STATE GOVERNMENT
State ActThe Illinois Anti-Pollution Bond Act of 1970.
DirectorThe Director of the Illinois Environmental Protection Agency.
State GrantThe State of Illinois participation in the financing of the construction of treatment works as provided for by the Illinois Anti-Pollution Bond Act and for making such grants as filed with the Secretary of State of the State of Illinois.
LOCAL GOVERNMENT
OrdinanceThis Ordinance
CityThe City of Farmington
SuperintendentThe individual in charge of the water distribution and sewage collection system as designated and approved by the City Council.
PersonAny and all persons, natural or artificial including any individual, firm, company, municipal or private corporation, association, society, institution, enterprise, governmental agency or other entity.
NPDES PermitAny permit or equivalent document or requirements issued by the Administrator, or where appropriated by the Director, after enactment of the Federal Water Pollution Control Amendments of 1972, to regulate the discharge of pollutants pursuant to Section 402 of the Federal Act.
CLARIFICATION OF
WORD USAGE:
Shall is mandatory; may is permissible.
WASTEWATER AND ITS CHARACTERISTICS
WastewaterThe spent water of a community. From this standpoint of course it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, together with any ground water, surface water and storm water that may be present.
SewageUsed interchangeably with wastewater.
Effluent CriteriaDefined in any applicable NPDES Permit.
Water Quality StandardsDefined in the Water Pollution Regulations of Illinois.
Unpolluted Water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.
PPMParts per million by weight.
Milligrams per LiterA unit of concentration of water or wastewater constituent. It is 0.0001 g of the constituent in 1,000 ml of water. It has replaced the unit formerly used commonly, parts per million, to which it is approximately equivalent, in reporting the results of water and wastewater analysis.
Suspended SolidsSolids that either float on the surface of, or are in suspension in water, sewage or industrial waste, and which are removable by a laboratory filtration device. Quantitative determination of suspended solids shall be made in accordance with procedure set forth in “Standard Methods”.
BOD (denoting DEMAND)The quantity of oxygen utilized in the biochemical oxidation of organic Biochemical matter under standard laboratory procedure in five (5) days at twenty OXYGEN degrees C, expressed in milligrams per liter.
pHThe logarithm (base 10) of the reciprocal of the hydrogen-ion concentration expressed by one of the procedures outlines in “Standard Methods”.
Standard MethodsThe examination and analytical procedures set forth in the most recent edition of “Standard Methods for the Examination of Water and Wastewater” published jointly by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation.
GarbageSolid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.
Properly ShreddedThe wastes from the preparation, cooking and dispensing of food that have Garbage been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch (1/2”) (1.27 centimeters) in any dimension.
Floatable OilOil, fat or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system.
Population EquivalentA term used to evaluate the impact of industrial or other waste on a treatment works or stream. One population equivalent is 100 gallons of sewage per day, containing .17 pounds of BOD and .20 pounds of suspended solids.
SlugAny discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty four (24) hour concentration or flows during normal operation.
Wastewater FacilitiesThe structures, equipment and processes required to collect carry away and treat domestic and industrial wastes and transport effluent to a watercourse.
WATERCOURSE AND CONNECTIONS
WatercoursesA channel in which a flow or water occurs, either continuously or intermittently.
Natural OutletAny outlet into a watercourse, pond, ditch, lake, or other body of surface or ground water.
USER TYPES
User ClassThe type of user either “residential or commercial” (non-industrial) or “industrial” as defined herein.
Residential or
Commercial or
Non-Industrial User
Any user of the treatment works not classified as an industrial user or excluded as an industrial user as provided for in this Section.
Industrial UserAny non governmental user of publicly owned treatment works identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented, under the following divisions:

(a) Division A – Agriculture, Forestry and Fishing

(b) Division B – Mining

(c) Division D – Manufacturing

(d) Division E – Transportation, Communications, Electric, Gas and Sanitary Services.

(e) Division I – Services

A user in the Divisions listed may be excluded if it is determined by the City Council that it will introduce primarily segregated domestic wastes or wastes from sanitary conveniences.
Control ManholeA structure located on a site from which industrial wastes are discharged. Where feasible, the manhole shall have an interior drop. The purpose of a control manhole” is to provide access for the City or Farmington Sanitary District representative to sample and/or measure discharges.
TYPES OF CHARGES
Wastewater Service ChargeThe charge per monthly period levied on all users of the wastewater facilities. The service charge shall be computed as outlined in Section 8-4-2.2 and shall consist of the total or the Basic User Charge, the Debt Service Charge and a Surcharge, if applicable.
User ChargeA charge levied on users of treatment works for the cost of operation and maintenance.
Basic User ChargeThe basic assessment levied on all users of the public sewer system.
Debt Service ChargeThe amount to be paid each billing period for payment of interest, principal and coverage of (loan, bond, etc.) outstanding and shall be computed by dividing the annual debt service by the number of users connected to the wastewater facilities.
SurchargeThe assessment in addition to the basic user charge and debt service charge, which is levied on, those persons whose wastes are greater in strength than the concentration values established in Section 8-4-2.1.
ReplacementExpenditures for obtaining and installing equipment, accessories or
appurtenances which are necessary during the service life of the treatment works to maintain the capacity and performance for which such works were designed and constructed. The term “operation and maintenance” includes replacement.
Useful LifeThe estimated period during which the collection system and/or treatment will be operated and shall be thirty (30) years from the date of startup of any wastewater facilities constructed with a State grant.
Industrial WasteAny solid, liquid or gaseous substance discharged, permitted to flow or escaping from any industrial, manufacturing, commercial or business establishment or process or from the development, recovery or processing of any natural resource as distinct from sanitary sewage.
Major Contributing IndustryAn industrial user of the publicly owned treatment works that:

(a) Has a flow of 50,000 gallons or more per average work day; or

(b) Has a flow greater than ten percent (10%) of the flow carried
by the municipal system receiving the waste; or

(c) Has in its waste, a toxic pollutant in toxic amounts as defined in standards issued under Section 307(a) of the Federal Act; or

(d) Is found by the permit issuance authority, in connection with the issuance of the NPDES Permit to the publicly owned treatment works receiving the waste, to have significant impact, either singly or in combination with other contributing industries, on that treatment works or upon the quality of effluent from that treatment works.
SEWER TYPES AND APPURTENANCES
SewerA pipe or conduit for conveying sewage or any other waste liquids, including storm, surface and ground water drainage.
Public SewerA sewer provided by or subject to the jurisdiction of the City.

It shall also include sewers within or outside the City boundaries that serve one or more persons and ultimately discharge into the City sanitary (or combined) sewer system, even though those sewers may not have been constructed with City funds.
Sanitary SewerA sewer that conveys sewage or industrial wastes or a combination of both, and into which storm, surface and ground waters or unpolluted industrial wastes are not intentionally admitted.
Storm SewerA sewer that carries storm, surface and ground water drainage but exclude sewage and industrial wastes other than unpolluted cooling water.
Combined SewerA sewer, which is designed and intended to receive wastewater, storm, surface and ground water drainage.
Building SewerThe extension from the building drain to the public sewer or other place of disposal.
Building DrainThe part of the lowest piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer or other approved point of discharge, beginning five feet (5’) (1.5 meters) outside the inner facing of the building wall.
Storm Water RunoffThat portion of the precipitation that is drained into the sewers.
SewerageThe system of sewers and appurtenances for the collection, transportation and pumping of sewage.
EasementAn acquired legal right for the specific use of land owned by others.
TREATMENT
PretreatmentThe treatment of wastewater’s from sources before introduction into the wastewater treatment works.
Wastewater Treatment WorksAn arrangement of devices and structures for treating wastewater, industrial wastes and sludge. Sometimes used as synonymous with “waste treatment plant’ or “wastewater treatment plant” or “ pollution control plant”.
Sewerage FundThe principal account designation for all revenues received in the operation of the sewerage system.

8-4-1:               SEWER USE ORDINANCE:

8-4-1.1:            Use of Public Sewers Required

  1. It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the City, or in any area under the jurisdiction of said City, any human or animal excrement, garbage or other objectionable waste.
  2. It shall be unlawful to discharge to any natural outlet within the City, or in any area under the jurisdiction of said City, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of the Ordinance.
  3. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage.
  4. The owner of all houses, buildings or properties used for human occupancy, employment, recreation, or other purposes situated within the City and abutting on any street, alley or right of way in which there is now located or may in the future be located any public sanitary (or combined) sewer or the City, is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this Ordinance within ninety (90) days after date of official notice to do so, provided that said public sewer is within one hundred feet (100’) of the property line.

8-4-1.2:            Private Sewage Disposal

  1. Where a public sanitary (or combined) sewer is not available under the provisions of Section 8-4-1.1,4, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this Section 8-4-1.2.
  2. Before commencement of construction of a private sewage disposal system the owner shall first obtain a written permit signed by the Fulton County Health Department. The application for such permit shall be made on a form furnished by the Fulton County Health Department which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the Fulton County Health Department.
  3. A permit for a private sewage system shall not become effective until the installation is completed to the satisfaction of the Fulton County Health Department. They shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for permit shall notify the Fulton County Health Department when the work is ready for final inspection, and before any underground portions are covered.
  4. The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of the State of Illinois Private Sewage Disposal Licensing Act or Code, with the State of Illinois Environmental Protection Agency, and the Fulton County Health Department. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than that required by the Fulton County Health Department. No septic tank or cesspool shall be permitted to discharge to any natural outlet.
  5. The owner shall provide the City with a plan detailing the location and construction of the private sewage disposal system prior to the issuance any building permit.
  6. At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in Section 8-4-1.1,4, a direct connection shall be made to the public sewer in compliance with this Ordinance, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable material.
  7. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, and at no expense to the City.
  8. No statement contained in this Section, shall be construed to interfere with any additional requirements that may be imposed by the Superintendent and Fulton County Health Department.
  9. When a public sewer becomes available, the building sewer shall be connected to said sewer within sixty (60) days and the private sewage disposal system shall be cleaned of sludge and filled with clean bank-run gravel or dirt.

8-4-1.3:            Buildings Sewers and Connections

  1. No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenances thereof without first obtaining a written permit from the Clerk. Before a permit may be issued for excavating for plumbing in any public street, way or alley the person applying for such permit shall have executed unto the City and deposited with the Clerk a corporate surety bond in the sum of fifteen hundred dollars ($1,500.00) conditioned that he will perform faithfully all work with due care and skill, and in accordance with the laws, rules and regulations established under the authority of any provision of this Code pertaining to plumbing. This bond shall state that the person will indemnify and save harmless the City and the owner of the premises against all damages, costs, expenses, outlays and claims of every nature and kind arising out of unskillfulness or negligence on his part in connection with plumbing or excavating for plumbing as prescribed in this Chapter. Such bond shall remain in force and must be executed for a period of one year except that on such expiration it shall remain in force as to all penalties, claims and demands that may have accrued hereunder prior to such expiration.
  2. All disposal by any person into the sewer system in unlawful except those discharges in compliance with Federal standards promulgated pursuant to the Federal Act and more stringent State and local standards.
  3. There shall be two (2) classes of building permits:

    (a) For residential and commercial service, and

    (b) For service to establishments producing industrial wastes.

    In either case, the owner or his agent shall make application on a special form furnished by the City (reference Appendix #2). The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Superintendent. A permit and inspection fee of fifty dollars ($50.00) for a residential or commercial building sewer permit, and one hundred dollars ($100.00) for an industrial building sewer permit, shall be paid to the City at the time the application is filed. The industry, as a condition or permit authorization, must provide information describing its wastewater constituents, characteristics and type of activity.
  4. A building sewer permit will only be issued and a sewer connection shall only be allowed if it can be demonstrated that the downstream sewerage facilities, including sewers, pump stations and wastewater treatment facilities, have sufficient reserve capacity to adequately and efficiently handle the additional waste load.
  5. All cost and expense incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
  6. A separate and independent building sewer shall be provided for every building except that where one buildings stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining ally, court, yard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.
  7. Old building sewers may be used in connection with new buildings only when they are found, on examination and tested by the City, to meet all requirements of this Ordinance.
  8. The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing and back filling the trench, shall all conform to the requirements of the Building and Plumbing Codes or other applicable rules and regulations of the City. In the absence of code provisions or in amplifications thereof, the materials and procedure set forth in appropriate specifications of the American Society of Testing Materials, Water Pollution Control Federation Manual of Practice No. 9, and Standard Specifications of Water and Sewer Main Construction in Illinois shall apply.
  9. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by a means, which is approved in accordance with Section 8-4-1.3,2 and discharged to the building sewer.
  10. No person(s) shall make connection of roof down spouts, exterior foundation drains, areaway drains, or other sources of surface runoff or ground water to a building sewer or building drain, which in turn is connected directly or indirectly to a public sanitary sewer.
    (Ord. 78-11, 11-6-78)

    No person or entity shall tear down, demolish or destroy any building connected to the sanitary sewer system unless all sewers and drains of said building, connected directly or indirectly to the sanitary sewer system, are capped or plugged in such manner as to prevent infiltration of ground water or other inflow into the sewer system.

    The owner of the building and the person or entity demolishing the same shall:

    (a) Report all such drains and sewer connections, and their plan to plug or cap the same, to the Zoning Officer when applying for a permit to demolish the building.

    (b) Shall have the Zoning Officer, the City Engineering, or a City employee designated by one of them present at the time such drains or sewer connections are capped or plugged. (Ord. 84-3, 7-2-84)
  11. The connection of the building sewer into the public sewer shall conform to the requirements of the Building and Plumbing Codes, or other applicable rules and regulations of the City, or the procedures set forth in appropriate specifications of the American Society of Testing Materials, Water Pollution Control Federation Manual of Practice No. 9, and Standard Specifications for Water and Sewer Main Construction in Illinois. All such connections shall be made gas tight and watertight. Any deviation from the prescribed procedure and materials must be approved by the Superintendent.
  12. The applicant for the building sewer permit shall notify the Superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Superintendent.
  13. All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work, shall be restored in a manner satisfactorily to the City. (Ord. 78-11, 11-6-78)
  14. All costs and expenses incidental to the maintenance, repair and/or replacement of any lateral sewer line from any lot, dwelling or structure to the edge of the roadway under which said lateral sewer line passes shall be borne by the owner of said property. The City shall bear the expense of repairs from the edge of the roadway into the street including the connection to the main sewer line.
  15. The City and the landowner shall bear equally the cost of repairs for any sidewalk damaged by the repairs of a sewer line. No excavation, repair or replacement of any sidewalk shall commence until a permit is obtained from the City Administrator and a surety bond in the amount of fifty percent (50%) of the estimated cost or repair is filed in the office of the City Administrator.
  16. That any landowner failing to comply with this Ordinance shall be responsible for costs of attorney’s fees and related expense in the collection of said funds. (Ord. 88-4, 9-6-88)

8-4-1.4:            Use of the Public Sewers:

  1. No person shall discharge, or cause to be discharged, any storm water, surface water, ground water, roof runoff, substance drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.
  2. Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the City Council. Industrial cooling water or unpolluted process waters may be discharged on approval of the City Council, to a storm sewer, combined sewer, or natural outlet.
  3. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
    • (a) Any gasoline, benzene, naphtha, fuel oil, or other flammable explosive liquid, solid or gas.
    • (b) Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant.
    • (c) Any waters or wastes having a pH lower then 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works.
    • (d) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
  4. No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes if it appears likely in the opinion of the City Council that such wastes can harm either the sewers, sewage treatment process or equipment; have an adverse effect on the receiving stream; or can otherwise endanger life, limb, public property or constitute a nuisance. In forming their opinion as the acceptability of these wastes, the City Council will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewer treatment plant, degree of treat ability of wastes in the sewage treatment plant, and maximum limits established by regulatory agencies. The substances prohibited are:
    • (a) Any liquid or vapor having a temperature higher than one hundred fifty degrees (150) Fahrenheit (65 C)
    • (b) Any waters or wastes containing toxic or poisonous materials; or oils, whether emulsified or not, in excess of one hundred (100) mg/l or containing substances which may solidify or become viscous at temperatures between thirty two degrees (32) and one hundred fifty degrees (150) Fahrenheit.
    • (c) Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths (3/4) horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Superintendent.
    • (d) Any waters or wastes containing strong acid, iron pickling wastes or concentrated plating solutions whether neutralized or not.
    • (e) Any water or wastes containing iron, chromium, copper, zinc or similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the City Council for such materials.
    • (f) Any water or wastes containing phenols or other taste or odor producing substances, in such concentrations exceeding limits which may be established by the City Council as necessary after treatment or the composite sewage, to meet the requirements of the State, Federal or other public agencies of jurisdiction for such discharge to the receiving waters.
    • (g) Any radioactive wastes or isotopes of such half-life or concentrations as may exceed limits established by the City Council in compliance with applicable State of Federal regulations.
    • (h) Any waters or wastes having a pH in excess of 9.5.
    • (i) Any mercury or any of its components in excess or 0.0005 mg/l as Hg at any time except as permitted by the City Council in compliance with applicable State and Federal regulations.
    • (j) Any cyanide in excess of 0.025 mg/l at any time as permitted by the City Council in compliance with applicable State and Federal regulations.
    • (k) Materials which exert or cause:
      1. Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, lime slurries, an lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate);
      2. Excessive discoloration (such as; but not limited to, dye wastes and vegetable tanning solutions);
      3. Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works;
      4. Unusual volume or concentrations of wastes constituting “slugs” as defined herein.
    • (l) Water or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment process employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of agencies having jurisdiction over discharge to the receiving waters.
  5. If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Section 8-4-1.4,4 hereof, and/or which are in violation of the standards for pretreatment provided in Chapter 1, EPA Rules and Regulations, subchapter D, Water Programs Part 128 – Pretreatment Standards, Federal Register Volume 38, No. 215, Thursday, November 8, 1973, and any amendments thereto, and which in the judgment of the City Council may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the City Council may:

    (a) Reject the wastes;

    (b) Require pretreatment to an acceptable condition for discharge to the public sewers;

    (c) Require control over the quantities and rates of discharge; and/or;

    (d) Require payment to cover the added costs of handling and treating the wastes not covered by existing taxes or sewer charges, under the provisions of Section 8-4-1.4,10 hereof.

    If the City Council permits the pretreatment of equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the City Council and Farmington Sanitary District and subject to the requirements of all applicable codes, ordinances and laws.
  6. Grease, oil and sand interceptors shall be prohibited when, in the opinions of the City Council, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the City Council and shall be located as to be readily and easily accessible for cleaning and inspection.
  7. Where preliminary treatment or flow-equalizing facilities are provided, they shall be maintained continuously, in satisfactory and effective operation by the owner at his expense.
  8. Each industry shall be required to install a control manhole and, when required by the City Council, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the City Council. The manhole shall be installed by the owner at his expense, and shall be maintained by him so at to be safe and accessible at all time.
  9. The owner of any property serviced by a building sewer carrying industrial wastes shall provide laboratory measurements, tests and analysis of waters and wastes to illustrate compliance with this Ordinance and any special conditions for discharge established by the City, the Farmington Sanitary District or regulatory agencies having jurisdiction over the discharge.

    The number, type and frequency of laboratory analysis to be performed by the owner shall be as stipulated by the City and Farmington Sanitary District, but no less than once per year the industry must supply a complete analysis of the constituents of the wastewater discharge to assure that compliance with the Federal, State and local standards are being met. The owner shall report the results of measurements and laboratory analysis to the City and the Farmington Sanitary District. The owner shall bear the expense of all measurements, analysis and reporting required by the City and the Farmington Sanitary District. At such times as deemed necessary, the City and the Farmington Sanitary District reserves the right to take measurements and samples by an outside laboratory service.
  10. All measurements, tests and analysis of the characteristics of waters and wastes to which reference is made in this Ordinance shall be determined in accordance with the latest edition of “Standard Methods for the Examination of Water and Wastewater”, published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property.

    (The particular analysis involved will determine whether a twenty four (24) hour composite of all out falls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analysis are obtained from twenty four (24) hour composites of all out falls, whereas pH’s are determined from periodic grab samples.)
  11. No statement contained in this Section shall be construed as preventing any special agreement or arrangement between the City and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the City for treatment, subject to payment therefore, in accordance with Sections 8-4-2.1 and 8-4-2.3 hereof, by the industrial concern, provided such payments are in accordance with Federal, and State guidelines for User Charge System and Industrial Cost Recovery System.

8-4-1.5:            Protection of Sewage Works From Damage

  1. No unauthorized person shall maliciously, willfully or negligently break, damage, destroy or tamper with any structure, appurtenance or equipment, which is a part of the sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.

8-4-1.6:            Powers of Authority of Inspectors

  1. The Superintendent and other duly authorized employees of the City, the Farmington Sanitary District, the Illinois Environmental Protection Agency, and the U.S. Environmental Protection Agency, bearing proper credentials and identification, shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this Ordinance. The Superintendent or his representative shall have no authority to inquire into any process, including metallurgical, chemical, oil refining, ceramic, paper or other industries beyond that point having a direct bearing in the kind and source of discharge to the sewers or waterway or facilities for waste treatment.
  2. While performing the necessary work on private properties referred to in Section 8-4-1.6,1 above, the Superintendent or duly authorized employees of the City, the Farmington Sanitary District, the Illinois Environmental protection Agency, and the U.S. Environmental Protection Agency shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death the to the City employees and the City shall indemnify the company against loss or damage to its property by City employees and against liability claims and demands for personal injury or property damage asserted against the company and growing our of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in Section 8-4-1.4,8.
  3. The Superintendent and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

8-4-1.7:            Penalties

  1. Any person found to be violating any provision of this Ordinance except Section 8-4-1.5 shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall within the period of time stated in such notice, permanently cease all violations. The City may revoke any permit for sewage disposal as a result of any violation of any provision of this Ordinance.
  2. Any person who shall continue any violation beyond the time limit provided for in Section 8-4-1.7, 1 shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in the amount not exceeding two hundred fifty dollars ($250.00) for each violation. Each day in which any such violations shall continue shall be deemed a separate offense.
  3. Any person violating any of the provisions of this Ordinance shall become liable to the City by reasons of such violation.

8-4-2:               USER CHARGE ORDINANCE:

8-4-2.1:            SEWER RATES:

July 1, 2002 to June 30, 2003:
$12.57 Monthly User Fee and
$3.82 per 1,000 gallons of water consumed
July 1, 2003 to June 30, 2004
$12.94 Monthly User Fee and
$3.94 per 1,000 gallons water used
July 1, 2004 to June 30, 2005
$13.33 Monthly User Fee and
$4.06 per 1,000 gallons water used
July 1, 2005 to June 30, 2006
$13.73 Monthly User Fee and
$4.18 per 1,000 gallons water used
July 1, 2006 to June 30, 2007
$14.14 Monthly User Fee and
$4.30 per 1,000 gallons water used
July 1, 2007 to June 30, 2008
$14.57 Monthly User Fee and
$4.43 per 1,000 gallons water used
July 1, 2008 to June 30, 2009
$15.00 Monthly User Fee and
$4.57 per 1,000 gallons water used
July 1, 2009 to June 30, 2010
$15.45 Monthly User Fee and
$4.71 per 1,000 gallons water used
July 1, 2010 to June 30, 2011
$15.91 Monthly User Fee and
$4.85 per 1,000 gallons water used
July 1, 2011 to June 30, 2012
$16.39 Monthly User Fee and
$5.00 per 1,000 gallons water used
May 1, 2016 to April 30, 2017
$18.39 Monthly User Fee and
$5.80 per 1,000 gallons water used

Minimum charge for sewer service for no meter or dead meter users:

July 1, 2002 to June 30, 2003             $26.58
July 1, 2003 to June 30, 2004               27.37
July 1, 2004 to June 30, 2005               28.19
July 1, 2005 to June 30, 2006               29.04
July 1, 2006 to June 30, 2007               29.91
July 1, 2007 to June 30, 2008               30.81
July 1, 2008 to June 30, 2009               31.73
July 1, 2009 to June 30, 2010               32.68
July 1, 2010 to June 30, 2011               33.66
July 1, 2011 to June 30, 2012               34.67
May 1, 2016 to April 30, 2017             $40.67

(Ord. 2016-04)

8-4-2.2:            Industrial Cost Recovery

  1. Industrial Cost Recovery Required: Each industrial user shall pay that portion of any State grant which has been obtained by the Farmington Sanitary District for the benefit of the City for the financing of the construction of wastewater treatment works allocable to the treatment of the wastewater from such user. Such users shall not include an interest component.
  2. Determination of Industrial Population Equivalent: An industrial user’s portion of any State grant shall be based on the population equivalents attributable to wastewater of such user tributary to the wastewater treatment works of the Farmington Sanitary District.
  3. Cost Per Unit of Treatment:

    Based on…. 40% Chargeable to Flow
  4. No Charge for Unused or Unreserved Capacity: An industrial user’s portion of grant shall not include any portion of the grant amount allocable to unused or reserved capacity.
  5. Commitment for Increased Use: An industrial user’s portion of the grant shall include allowance for the cost of any firm commitment to the Farmington Sanitary District for any increased use by each user.
  6. Disposition of Retained Amounts: Eighty percent (80%) of the retained amounts, together with interest earned thereon, shall be used solely for the eligible costs of the expansion or reconstruction of treatment works associated with the project and necessary to meet the requirements of the Federal Act and State of Illinois. The Farmington Sanitary District, prior to commitment of the retained amounts, shall obtain written approval of the Illinois Environmental Protection Agency for any expansion or reconstruction. The remainder of the retained amounts may be used for such expenditures, as the Farmington Sanitary District deems appropriate.
  7. Investment of Retained Amounts Required: Pending use, the grantee shall invest the retained amounts for reconstruction and expansion in:
    • (a) Obligations of the US Government; or
    • (b) Obligations guaranteed as to principal and interest by the US Government or any agency thereof; or
    • (c) Deposit such amounts in accounts fully collateralized by obligations fully guaranteed as to principal and interest by the U.S. Government or any agency thereof.
  8. Treasurer’s Responsibility: The City Treasurer and Farmington Sanitary District shall maintain the necessary records for determination of user share of the cost and shall provide the billing and collection services as required by Section 8-4-2.3,1.
  9. The City Treasurer’s Responsibility: The City Treasurer shall be responsible for the collection of the industrial cost recovery money and disbursement of such moneys to the Farmington Sanitary District in accordance with Section 8-4-2.2, 14,15, and 16.
  10. Monitoring Required: The Farmington Sanitary District shall maintain a program of monitoring industrial user discharges as the Farmington Sanitary District deems necessary, provided that any major contributing industry shall be monitored no less than twelve (12) times annually, and any industrial user that has a population equivalent as determined by Section 8-4-2.2,2 greater than or equal to fifty (50) shall be monitored at such frequency as deemed necessary by the Farmington Sanitary District for determination of the population equivalent of the industrial user. The monitoring data collected shall be used to determine the population equivalent in accordance with Section 8-4-2.2,2.

8-4-2.3:            Billing

  1. Bills: Said rates and charges for service shall be billed to the user along with the users’ water bill in the manner for the periods now prescribed by ordinance pertaining to water bills, and for periods consistent with water billing.

    The owner of the premises, the occupant thereof and the user of the service shall be jointly and severally liable to pay for the service to such premises and the service is furnished to the premises by the City only upon the condition that the owner of the premises, occupant and user of the services are jointly and severally liable therefore to the City.

    All sewer bills are due and payable twenty (20) days after being sent out.
  2. Delinquent Bills: If the charges for such services are not paid within thirty (30) days after the rendition of the bill for such services, such services shall be discontinued without further notice and shall not be reinstated until all claims are settled.
  3. Lien-Notice of Delinquency: Whenever the bill for sewer service remains unpaid for thirty (30) days after it has been rendered, the City Clerk shall file with the County Recorder of Deeds a statement of lien claim. This statement shall contain the legal description of the premises served, the amount of the unpaid bill, and a notice that the City claims a lien for this amount of the unpaid bill, and a notice that the City claims a lien for this amount as well as for all charges subsequent to the period covered by the bill.

    If the user whose bill is unpaid is not the owner of the premises and the City Clerk has notice of this, notice shall be mailed to the owner of the premises if his address be known to the Clerk, whenever such bill remains unpaid for the period of forty five (45) days for a monthly bill or one hundred five (105) days for a quarterly bill after it has been rendered.

    The failure of the City Clerk to record such lien or to mail such notice or the failure of the owner to receive such notice shall not affect the right to foreclose the lien for the unpaid bills as mentioned in Section 8-4-2.3,3 above.
  4. Foreclosure of Lien: Property subject to a lien for unpaid charges shall be sold for non-payment of the same, and the proceeds of the sale shall be applied to pay the charges, after deducting costs, as is the case in the foreclosure of statutory liens. Such foreclosure shall be by bill-in-equity in the name of the City. The City Attorney is hereby authorized and directed to institute such proceedings in the name of the City in any court having jurisdiction over such matters and against any property for which the bill has remained unpaid for forty-five (45) days in the case of a monthly bill or one hundred five (105) days in the case of quarterly bill after it has been rendered.
  5. Revenues: All revenues and moneys derived from the operation of the sewerage system shall be deposited in the sewerage account of the sewerage fund. All such revenues and moneys shall be held by the City Treasurer separate and apart from his private funds and separate and apart from all other funds of the City and all of the said sum, without any deductions whatever, shall be delivered to the City Treasurer not more than ten (10) days after receipt of the same, or at such more frequent intervals as may from time to time be directed by the City Council.

    The City Treasurer shall receive all such revenues form the sewerage system and all other funds and moneys incident to the operation of such system as the same may be delivered to him and deposit the same in the account of the fund designated at the “Sewerage Fund of the City”. Said Treasurer shall administer such fund in every respect in the manner provided by Statute of the “Revised Cities and Villages Act”, effective January 1942.
  6. Accounts: The City Treasurer shall establish a proper system of accounts and shall keep proper books, records and accounts in which complete and correct entries shall be made of all transactions relative to the sewerage system, and at regular annual intervals he shall cause to be made an audit by an independent auditing concern of the books to show the receipts and disbursements of the sewerage system.

    In addition to the customary operating statements, the annual audit report shall also reflect the revenues and operating expenses of the wastewater facilities, including a replacement cost, to indicate that sewer service charges under the water cost recovery system and capital amounts required to be recovered under the industrial cost recovery system do in fact meet these regulations. In this regard, the financial information to be shown in the audit report shall include that following:
    • (a) Flow data showing total gallons received at the wastewater plant for the current fiscal year.
    • (b) Billing data to show total number of gallons billed.
    • (c) Reserved.
    • (d) Number of users connected to the system.
    • (e) Number of non-metered users.
    • (f) A list of users discharging non-domestic wastes (industrial users) and volume of waste discharge.
  7. Notice of Rates: A copy of this Section, properly certified by the City Clerk, shall be filed in the office of the Recorder of Deeds of Fulton County and shall be deemed notice to all owners of real estate of the charges of the sewerage system of said City on their properties.
  8. Penalty: Any person, firm or corporation violating any provisions of this Section shall be fined not less than twenty five dollars ($25.00) nor more than one hundred dollars ($100) for each offense.
  9. Access to Records: The Illinois Environmental Protection Agency or its authorized representative shall have access to any books, documents, papers and records of the City which are applicable to the City system of user charges or industrial cost recovery for the purpose of making audit, examination, excerpts and transcriptions thereof to insure compliance with the terms of the Special and General Conditions to any State grant.

8-4-2.4:            Effective Date of Rates: The rates and service charges established for user charges in Section 8-4-2.1,3 through 6 and for industrial cost recovery established in Section 8-4-2.2,3 through 5 shall be effective March 3, 2003 and on bills to be rendered for the next succeeding monthly periods ending June 30, 2003. (Ord. 03-03)

8-4-2.5:            Validity: If any section, paragraph, clause or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance. All ordinances in conflict herewith are repealed to the extent of such conflict. (Ord. 78-11, 11-6-78)

APPENDIX #1

Title 8 Supplement – Appendix #1 (Chapter 4)

APPENDIX #2

Title 8 Supplement – Appendix #2 (Chapter 4)

8-4-3:           MONTHLY STATEMENTS:

Said rates or charges for service shall be payable monthly. The owner of the premises, the occupant thereof and the user of the service shall be jointly and severally liable to pay for the service on such premises and the service is furnished to the premises by the City of Farmington only upon the condition that the owner of the premises, occupant and user of the service are jointly and severally liable therefore to the City of Farmington. All bills for service shall be rendered monthly as of the first day of the month succeeding the period for which the service is billed, and shall be payable not later than the close of business on the 20th day from the date the bill was mailed. If payment of the full amount of the bill is not made within said period then a penalty of ten percent (10%) of the amount of the bill shall be added thereto.

8-4-4:           DELINQUENCIES:

In the event the charges for services are not paid within thirty (30) days after rendition of the bill for such service, such charges shall be deemed and are hereby declared to be delinquent within the meaning of 65 Illinois Compiled Statutes 5/11-139-8. Whenever bills for sewer service become delinquent as set forth herein, the same shall become and constitute a lien upon the real estate to which service is supplied, pursuant to the terms and provisions of Section 11-139-8 of the Illinois Municipal Code (65 Illinois Compiled Statutes 5/11-139-8), upon the owner or owners of record, as referenced by the taxpayer’s identification number, being sent the Notice to Owner described below. The Notice to Owner shall contain a notice that unpaid charges or rates may create a lien on the real estate under the aforementioned statute and this ordinance and shall have attached a copy of each delinquency notice sent to the person who is delinquent in paying the charges or rates or other notice sufficient to inform the owner or owners of record, as referenced by the taxpayer’s identification number, that the charges or rates have become delinquent.

If a claim for lien is filed, the claim for lien shall be made in the form of a sworn statement entitled “Notice of Lien” setting out (a) a description of the real estate, sufficient for the identification thereof, upon or for which the service was supplied, (b) the amount or amounts of money due for such service, and (c) the date or dates when such amount or amounts became delinquent. If all amounts shown due remain unpaid after recording, as provided by law, the City may foreclose such lien in like manner and with like effect as in the foreclosure of mortgages on real estate. In the alternative, the City may, in its discretion, file suit to collect such amounts, as are delinquent and due against the occupant or user of fees incurred by it, the same to be fixed by order of the court. In addition to penalties and cost attributable and chargeable to the recording of such notices of lien, the user, occupant, and owner shall be liable for interest upon all unpaid balances.

In all cases where the user charge has become delinquent and the City elects to file a statement thereof in the Office of Recorder of Deeds as herein above set forth, there shall be added in addition to the amount due the City such charges and expenses as are necessary and required to verify the legal description if the property to which the lien is to attached, plus a sum established by the City as sufficient to cover the cost of preparation of such notices and forms required. In each instance, the City Administrator or a duly appointed employee of the City shall be authorized and directed to include such additional costs in the amount claimed due the City in the Notice of Lien.  The City Administrator is, hereby, authorized to sign and file, for and on behalf of the City, all notices, liens and release of liens as may be required in accordance with the provisions of this Ordinance.

8-4-5:           DISCONNECTION FOR FAILURE TO PAY:

In addition to the other remedies contained in this Chapter, if the balance due for such service is not paid within thirty (30) days after the mailing of the bill for such services, any and all owner(s) of record for the property to which service was rendered shall receive a copy of this Section and a NOTICE OF INTENDED SEWER/WATER DISCONNECTION (set forth below) via U.S. Mail and the City will refer the property address to Illinois American Water to begin the process of shutting off the water at the property. The customer shall have seven (7) days from the date of such Notice to request an opportunity to present his, her or its case to the City Administrator as to why water service should not be disconnected. After the expiration of such seven (7) day period, if no request has been made, then the City may place a lien on the property and institute foreclosure proceedings as provided under certain provisions of the Illinois Mortgage Foreclosure Law, 735 ILCS 5/15-1101 et seq., (hereinafter referred to as “IMFL”) or any other applicable law as may be enacted from time to time by the Legislature of the State of Illinois. In the event the City prevails in such mortgage foreclosure action, the owner(s) of record shall be jointly and severally liable for interest accrued on the unpaid balance in the amount of five percent (5%) per annum, and any and all costs of suit, including attorney’s fees, court costs, appraisal fees, title insurance or abstract costs, broker fees and other reasonable expenses incurred in obtaining payment of the balance due.

DISCONNECTION FOR FAILURE TO PAY: In addition to the other remedies contained in this Chapter, if water service is disconnected, water service shall not be reinstated until all past due bills including the penalties thereon are paid in full, together with payment made of one hundred and twenty-five dollars ($125.00), plus any additional costs assessed to the City of Farmington by Illinois American Water for reinstating such service.

Title 8 Supplement – Notice, Water Service Disconnection 8-4-5

8-4-6:           FUNDS KEPT SEPARATE:

All revenues and moneys derived from the operation of the Sewerage System shall be held by the City Clerk separate and apart from his private funds and separate and apart from all other moneys of the City, and all of said sum, without any deductions whatever, shall be delivered to the City Treasurer not more than ten (10) days after receipt of the same, or at such more frequent intervals as may from time to time be directed by the Mayor and City Council.

8-4-7:           SEWERAGE FUND:

The City Treasurer shall receive all such revenues from the Sewerage System and all other funds and moneys incident to the operation of such system as the same may be delivered to him and deposit the same in a separate fund designated as the “Sewerage Fund of the City of Farmington”’ and said Treasurer shall administer such Fund in every respect in the manner provided by law.

8-4-8:           ACCOUNTING AUDIT:

The City Treasurer will establish a proper system of accounts and shall keep proper books, records and accounts in which complete and correct entries shall be made of all transactions relative to the Sewerage System, and at regular annual intervals he shall cause to be made an audit by an independent auditing concern of the books to show the receipts and disbursements of the Sewerage System.

8-4-9:           SEWER DEPOSIT REQUIRED:

No water service shall be turned on for use in any premises until an application therefore in writing has been made for the purpose of sewer service filed with the office of the City Clerk, stating the purpose for which the sewer is to be used.

DEPOSIT AMOUNTS:

(A)  OWNER OCCUPIED PROPERTY: The applicant shall deposit with his application the sum of one hundred dollars ($100.00) for sewer service before any water is turned on. Such deposit shall be held by the City, as security for payment of sewer service used by the applicant and may be so applied without notice when any default is made in payment of a sewer bill. If the property owner pays his monthly bill before the past due date each month for a period of 18 months, the deposit will be returned to the property owner.

(B)   RENTAL OCCUPIED PROPERTY: The applicant shall deposit with his application the sum of two hundred dollars ($200.00) for sewer service before any water is turned on. Such deposit shall be held by the City, as security for payment of sewer service used by the applicant and may be so applied without notice when any default is made in payment of a sewer bill. Upon vacancy of the rental property and a paid in full account balance, the deposit shall be returned to the applicant if a forwarding address is supplied to the City Clerk.

Water Regulations

Chapter 5: Reserved

Chapter 5 WATER REGULATIONS, of the Ordinances of the City of Farmington is hereby deleted in its entirety and shall now read as follows: Chapter 5 RESERVED (ORDINANCE 2018-19, 08/06/18)

Storm Drains

SECTION:

8-6-1:Connection Prohibited
8-6-2:Discharge Restricted

8-6-1:               CONNECTION PROHIBITED: It shall be unlawful for any person to connect or cause to be connected any drain carrying or to carry any toilet, sink, basement, septic tank, sewerage pool or drain waste or any fixture or device distributing substance to any storm water drain in the City. (Ord. 385, 10-25-54)

8-6-2:               DISCHARGE RESTRICTED: It shall be unlawful for any person to discharge any sanitary sewerage and industrial waste water into any storm sewers along Main Street from the north corporate limits of the City, and along East Fort Street from the intersection of Main Street to the east corporate limits of the City. (Ord. 433, 8-3-59)

Cemetery

SECTION:

8-7-1:Cemetery Description
8-7-2:Name; Control by Board
8-7-3:Appraisal of Lots
8-7-4:Receipts From Sale of Lots
8-7-5:Manner Expanding Receipts
8-7-6:Accounts
8-7-7:Sexton (DELETED)
8-7-8:Sexton Compensation (DELETED)
8-7-9:Deeds to Lots
8-7-10:Perpetual Care Fund
8-7-11:Investment of Funds
8-7-12:Donations
8-7-13:Use of Income (DELETED)
8-7-14:Form of Agreement of Donor
8-7-15:Deputy Ex Officio Cemetery Secretary
8-7-16:Malicious Injury Unlawful / Trespassing

8-7-1:               CEMETERY DESCRIPTIONS: The following described territory is hereby set apart and dedicated to cemetery purposes, to be kept, controlled and directed by the City:

Out lots One (1), Fourteen (14), Fifteen (15), Sixteen (16), and Seventeen (17), for the northeast quarter of Section Eleven (11), in Township Eight (8) North, Range Four (4) East of the Fourth Principal Meridian in the City of Farmington, County of Fulton and State of Illinois, heretofore purchased by the City of Farmington for cemetery purposes.*1

8-7-2:               NAME; CONTROL BY BOARD: The Cemetery described in Section 8-7-1 hereof shall be known as “Oak Ridge Cemetery”’ and shall be under the charge and control of the Board of Cemetery Managers as established in Chapter 3 of Title 2 of this Code, and shall be subject to all the provisions of this Chapter relating to said Cemetery.

 8-7-3:              APPRAISAL OF LOTS: The Board of Cemetery Managers shall appraise the lots which remain unsold in said Cemetery and shall, from time to time. When deemed expedient reappraise such lots as remain unsold.

8-7-4:               RECEIPTS FROM SALE OF LOTS: Sixty percent (60%) of the purchase price of all lots sold in Oak Ridge Cemetery shall be placed to the credit of the Cemetery Fund and the other forty percent (40%) shall be placed to the credit of the General fund of the City and shall be considered as payment for the land originally purchased by the City for said Cemetery purpose. (Ord. 2011-16, 01/03/2012)

8-7-5:               MANNER EXPANDING RECEIPTS: All receipts on account of said Cemetery, whether arising from the sale of lots therein from donations, or from the appropriations from the Treasury, shall be exclusively expended and applied under the direction and control of said Cemetery Board, in consultation with the City Administrator and Superintendent of Public Works, in preserving, protecting, ornamenting, improving and laying out the grounds of the Cemetery, and the avenues and walks therein. But the Cemetery Board shall not expend the money belonging to the Cemetery Fund in advance of the receipt thereof, nor incur any debts on account of said Cemetery without prior consent of the Council. (Ord. 2011-16, 01/03/2012)

8-7-6:               ACCOUNTS: The City of Farmington shall keep a Cemetery account, in which all money received shall be charged and they shall report as required at City Council meetings, in a brief form, all receipts and expenditures for said Cemetery.
(Ord. 2011-16, 01/03/2012)

8-7-7:               DELETED (Ord. 2011-16, 01/03/2012)

8-7-8:               DELETED (Ord. 2011-16, 01/03/2012)

8-7-9:               DEEDS TO LOTS: All deeds to Cemetery lots shall be signed in the name of the City by the Mayor, countersigned by the City Clerk, and executed under the Corporate Seal of the City, and shall be substantially in the following:

The City of Farmington, in consideration of                     dollars paid to the City of Farmington by                              does hereby, in conformity with the ordinances of said City in such cases made provide, give, grant, bargain, sell, and convey to said                                , Lot                    , Grave(s) #                     of Oak Ridge Cemetery, to have and to hold the same with the appurtenances, unto the said                       his heirs and assigns forever, for the purpose of burying therein his or their body, and for no other purpose whatsoever, and therein that no right or title under this deed shall be assigned or transferred without the consent in writing of the Cemetery Board of said City, or majority thereof, subject, nevertheless, to all the ordinances of the City of Farmington and the reasonable rules of the Cemetery Board, which are now in force, or which may hereafter be in force, for the government and control of said Cemetery.

In witness whereof, the Mayor of said City of Farmington has hereunto set his hand and caused the Corporate Seal of said City to be affixed this               day of             A.D. 20    . 

City of Farmington

(Corporate Seal)                                           Mayor

Attest:

                                                                        City Clerk

(Ord. 2011-16, 01/03/2012)

8-7-10:             PERPETUAL CARE FUND: The Cemetery Board and their successors in office duly appointed and qualified are hereby authorized and empowered to receive in trust from the owners of, or any party in interest in Oak Ridge Cemetery, any sum of money, not less than fifty dollars ($50.00), by request or donation and invest the same as herein provided, and apply the income thereof perpetually to the care of such lot, the gross, graves and trees thereon according to the terms and form of trust, as follows:

(A)       All money so received shall collectively be kept and set apart by the City of Farmington as a “Lot Owners Perpetual Care and Improvement Fund”.

(B)       All contributions to this fund shall be deposited into the General Fund of the City of Farmington and accounted for under the Oak Ridge Account of the Said General Fund.  All monies paid out of this account shall be paid only after the recommendation of the Cemetery Board to the Farmington City Council and signed by the Mayor and City Clerk. (Ord. 2011-16, 01/03/2012)

8-7-11:             INVESTMENT OF FUNDS:  The City of Farmington shall invest said funds according to usual and customary accounting and investment practices observed by the City of Farmington. (Ord. 2011-16, 01/03/2012)

8-7-12:             DONATIONS: Donations of any amount will be received and set apart as a special fund for the improvement and general care of the Cemetery and such shall be likewise invested and shall not be used for any other purpose. (Ord. 2011-16, 01/03/2012)

8-7-13:             DELETED (Ord. 2011-16, 01/03/2012)

8-7-14:             FORM OF AGREEMENT OF DONOR:  The form or trust agreement with the donor to said fund may be in form substantially as follows:

This Agreement, made this said            day of              A.D. 20      between             of the one part, and the Cemetery Board for and in behalf of the City of Farmington, County of Fulton and State of Illinois. Witness, that the said                has deposited with the Cemetery Board the sum of                 dollars in consideration of which the Cemetery Board and their successors in office do hereby agree to receive and hold the said sum in trust forever, and invest the same with other funds of a like character, and apply the income thereof from time to time to the care of the graves, grass and the preserving of trees and shrubs upon or in Lot           Grave(s)            in Oak Ridge Cemetery in Farmington, Illinois, and the surplus, if any, at the end of the year and not be used for any other purpose but taking care of said lot and cemetery grounds.

In witness whereof the members of the Cemetery Board together with the corporate seal and signatures of the Mayor and the City of Farmington, Illinois, have hereunto affixed their signatures this            day of                A.D. 20    .

Oak Ridge Cemetery Board Members

Seal

                                            Mayor

                                            City Clerk

Provided however, that the Cemetery Board shall never be held responsible for their conduct in the discharge of such trust, except for want of good faith and such reasonable diligence as may be required of mere gratuitous agents. Furthermore the funds so received shall when properly invested be deposited with the proper officers of the City of Farmington, and shall be held by them and their successors in trusts perpetually.
(Ord. 2011-16, 01/03/2012)

8-7-15:             DEPUTY EX OFFICIO CEMETERY SECRETARY: There is hereby created the office of Deputy Ex Officio Assistant Secretary of the Oak Ridge Cemetery, who shall also be the City Administrator, whose duties shall be in keeping of the Cemetery records, preparing or deeding Cemetery lots, report cost and income from the operation of the Oak Ridge Cemetery, arrange for grave openings and burial certificates and keeping the Cemetery Board and Council informed of the status of the Oak Ridge Cemetery. Such records will be subject to the approval of the Cemetery Board.
(Ord. 2011-16, 01/03/2012)

8-7-16:             MALICIOUS INJURY UNLAWFUL / TRESPASSING:

  • (a) No person shall trespass on any cemetery property by willfully destroying, moving, removing, injuring or defacing any grave, vault, tombstone or monument or other ornament or memorial of the dead, building, fence, tree, shrub, flower or vegetation or any other thing belonging to the cemetery or placed therein by persons for the purpose of honoring the dead, beautifying or decorating any part thereof.
  • (b) No person shall trespass on any cemetery property between the hours of sunset to sunrise unless participating in an event organized, sponsored or approved by the City of Farmington, Illinois.
  • (c) Alleged violations of this Ordinance will be heard by the City Council and determined by a majority of the councilpersons present.  
  • (d) Any person, firm or corporation violating any provision of this Section shall be fined not more than Seven Hundred Fifty Dollars ($750.00) for each offense.
    (Ordinance No 2010-7, 04/05/2010).
  1. Not Available

Title 8 Supplement – Oak Ridge Cemetery Regulations

Railroads

SECTION:

8-8-1:Track Laying
8-8-2:Permit
8-8-3:Right of Way
8-8-4:Comfort and Safety of Passengers
8-8-5:Obstructing Travel at Crossings
8-8-6:Maintain Crossings, Conduits, Gutters
8-8-7:Duty of Superintendent of Streets
8-8-8:Bells; Whistles; Steam
8-8-9:Maintain Fences; Cattle Guards
8-8-10:Unlawful Jumping or Going on Cars
8-8-11:Flash Light Signals

8-8-1:               TRACK LAYING: It shall be unlawful for any person to lay any street railroad track or tracks in, or upon, any of the streets, avenues, alleys or other public places within the City, without first procuring a permit therefore in writing, from the Superintendent of Streets.

8-8-2:               PERMIT: Such permit shall be issued by the Superintendent of Streets in accordance with the terms of the respective provisions under which such tracks may be authorized to be laid, and shall specify in full the terms and conditions under which the same shall be constructed. (R.O 1911, Sec. 395)

8-8-3:               RIGHT OF WAY: Street or interurban railway cars shall have the right to the track as against any person, carriage, wagon or vehicle, put, driven or being thereon with a view to the delaying or embarrassing the progress of cars, and no person shall obstruct such tracks, or obstruct or prevent the cars from running or progressing thereon by placing, driving, stopping or causing to be driven at a slow pace, or stopped, any vehicle or other obstacle in, upon, across, along or near any such track in the way of any car, if there shall be opportunity to turn off after being notified by bell or whistle. (R.O. 1911, Sec. 397)

8-8-4:               COMFORT AND SAFETY OF PASSENGERS: It shall be unlawful for any person owning, leasing or operating any street or interurban car within the City, to permit any car to be used or to be operated upon any street of the City, unless the temperature of the car be maintained at not less than fifty degrees Fahrenheit, nor unless such car be cleaned, disinfected and so ventilated as to be free of foul and vitiated air. (R.O. 1911, Sec. 398)

8-8-5:               OBSTRUCTING TRAVEL AT CROSSINGS: No railway company shall be itself, agent or employee, obstruct travel or passage along any sidewalk, street or alley of the City by placing or leaving upon, along or across, such sidewalk, street or ally any truck, locomotive, car or train of cars, or any material or thing whatsoever for a longer period then ten (10) minutes at any one time, and immediately thereafter for a period of ten (10) minutes such sidewalk, street or alley, shall not be again obstructed in such manner aforesaid, reasonable time shall be allowed to remove any obstruction that may be caused thereby. (R.O. 1911, Sec. 402)

8-8-6:               MAINTAIN CROSSINGS, CONDUITS, GUTTERS: Every railway company which may now or hereafter operate any railroad within or through the limits of the City shall construct and maintain safe, commodious and convenient crossings across the tracks of such railroad where the same intersects any street, alley, lane or avenue of the City, the full width of such street, alley lane or avenue, and shall also make and maintain sufficient and proper conduits and gutters to carry off all water on, along or under such railroad tracks. (R.O. 1911, Sec. 403)

8-8-7:               DUTY OF SUPERINTENDENT OF STREETS: The Superintendent of Streets shall, from time to time, notify, in writing, the station agent of any railway company aforesaid, within what time and in what manner the City will require the construction or repairing of the crossings, conduits and gutters as provided for in the preceding Section. (R.O. 1911, Sec. 404)

8-8-8:               BELLS; WHISTLES; STEAM: No person having the management of any railroad locomotive shall fail to constantly ring the bell of the locomotive while the same is in motion; or shall start such locomotive without first sounding its whistle or ringing its bell; or shall blow off steam, or unnecessarily blow the whistle of such locomotive when such locomotive is not in motion, in a place or in a manner to frighten teams passing along the street or in the alleys of the City. (R.O. 1911, Sec. 406)

8-8-9:               MAINTAIN FENCES; CATTLE GUARDS: Any steam railway company which may now or hereafter operate any railway within or through the corporate limits of the City shall fence the track of the railway and maintain and ever keep in repair such fences; and also shall construct and maintain suitable cattle guards at the point where such railway tracks cross any streets and alleys of the City. (R.O. 1911, Sec. 407)

8-8-10:             UNLAWFUL JUMPING OR GOING ON CARS: No person shall climb, jump, step or stand upon, cling to or in any way attach himself to any locomotive, engine or car, whether stationary or in motion, upon any part of the track of any railroad unless in so doing he shall be acting in compliance with law, or by permission under the rules and regulations of the corporation owning or managing such railroad. (R.O. 1911, Sec. 408)

8-8-11:             FLASH LIGHT SIGNALS: The Minneapolis and St. Louis Railway Company be, and it is hereby ordered and directed to place, erect and maintain two (2) flash light crossings where the tracks of the said Minneapolis and St. Louis Railway Company crossed the Farmington and Fairview road in the City. Said flash signals shall be the latest approved type, and in substantial conformity with similar lights signals now being installed at the crossing of said Minneapolis and St. Louis Railway Company and Main Street, in said City; and shall be erected, installed and maintained at the sole cost and expense of said Railway Company, and shall be located at such places and in such manner as shall give warning to all person approaching said crossing upon said highway from either direction, such location to be approved by the Superintendent of Streets of the City, and said signals and the locations thereof shall meet the approval and requirements of the Illinois Commerce Commission. (Ord. 228; 11-2-31)

Parks

SECTION:

8-9-1:Motorized Vehicles Prohibited
8-9-2:Park Hours / Trespassing
8-9-3:Penalty
8-9-4:Parks and Recreation Commission – Appointment; Terms; Vacancies.
8-9-5:Qualifications; Bond; Oath; Removal
8-9-6:Organization
8-9-7:Powers and Duties
8-9-8:Limitations of Powers and Duties
8-9-9:Athletic Leagues and Associations
8-9-10:Criteria for Allocations of Fields for Practice and Game Use
8-9-11:User Fees, Rentals and Compensation

8-9-1:         USE OF MOTORIZED VEHICLES WITHIN CITY PROHIBITED: It shall be unlawful for any person to operate a motorized vehicle within any area designated as a Farmington City Park.

(A) This includes, but is not limited to:

  1. motorized bikes, or
  2. dirt bikes, or
  3. three and four wheeled ATV’s, or
  4. motor driven or electric scooters, or
  5. unauthorized licensed motor vehicles, or
  6. snowmobiles

(B) Exemptions include:

  1. licensed vehicles lawfully parked in designated areas,
  2. motorized wheel chairs or handicapped three and four wheel scooters,
  3. lawnmowers, tractors and other motorized vehicles used in the maintenance of said parks,
  4. licensed vehicles authorized by the mayor, city administrator, chief of police or chairman of the city council parks committee.

8-9-2:        PARK HOURS / TRESPASSING:

(a)      No person shall trespass on any City park property between the hours of sunset to sunrise unless participating in an event organized, sponsored or approved by the City of Farmington, Illinois.

(b)        Alleged violations of this Ordinance will be heard by the City Council and determined by a majority of the councilpersons present.

(c)        Any person, firm or corporation violating any provision of this Section shall be fined not more than Seven Hundred Fifty Dollars ($750.00) for each offense. (Ordinance No. 2010-2, 01/18/2010)

8-9-3:         PENALTY:

Any person found in violation of Section 8-9-1 of the Farmington City Code shall be fined Fifty Dollars ($50.00) for the first violation and One Hundred Dollars ($100.00) for each subsequent violation within less than one year from the date of such first violation.  (Ordinance 2010-02, 01/18/2010).

8-9-4:        PARKS AND RECREATION COMMISSION – APPOINTMENT; TERMS; VACANCIES:

There is hereby established a Parks and Recreation Commission. The Commission shall consist of five members to be appointed by the Mayor, with the advice and consent of the City Council.

(A) Term.  Each member’s term shall be five years or until a successor is appointed and qualified, except that the members of the board first appointed shall be for such terms that the term of one member shall expire annually thereafter.

(B) Vacancy.  If a vacancy occurs in the office of any board member, the Mayor shall appoint a successor to serve for the unexpired term.

8-9-5:        QUALIFICATIONS; BOND; OATH; REMOVAL:

The members of the Parks and Recreation Commission shall possess the qualifications required of other officers of the City, shall not be required to give bond, shall take oath or affirmation of the office as required by law and shall be subject to removal from office in the same manner as other appointed offices.

8-9-6:        ORGANIZATION

(A) Officers.   The Mayor shall, annually, designate one of the duly appointed members of the Parks and Recreation Commission as Chairperson of the Commission; one of the appointed members of the Parks and Recreation Commission as Treasurer; and one of the appointed members of the Parks and Recreation Commission as Secretary. The duties and powers of the Chairperson, Treasurer and the Secretary shall be determined by the rules adopted by the Commission.

(B) Meetings.  A majority of members of the Parks and Recreation Commission shall constitute a quorum for the purpose of conducting a meeting of the Commission, and regular meetings shall be held at a time and place within the City as determined by the Commission. Minutes of each meeting shall be prepared by the Secretary, approved by the Commission and a copy thereof delivered to the Mayor and City Council.

(C) Absences.  In the event of three consecutive unexcused absences from regular meetings of the Parks and Recreation Commission by a member, the remaining members may recommend to the Mayor the removal of the absent member.

8-9-7:        POWERS AND DUTIES:

(A) The Parks and Recreation Commission shall have the following duties and responsibilities:

  1. To oversee the overall operations and utilization of the parks and recreation facilities of the City of Farmington;
  2. To prepare, implement and execute plans for the allocation of park fields and space between the various not for profit athletic leagues, associations and teams for review and approval by the Parks and Recreation Commission; and
  3. To report to the Mayor and the City Council on the state of the parks and recreation facilities and the utilization thereof or other matters as referred to the Parks and Recreation Commission by the Mayor or City Council.

8-9-8:        LIMITATIONS OF POWERS AND DUTIES:

(A) The Parks and Recreation Commission shall be advisory to the Mayor and City Council only, and the duties and responsibilities set forth in 8-9-7(A) shall be subject to the following limitations:

  1. The Parks and Recreation Commission shall have no power to incur liability or, in any way, transact business for or in the name of the City of Farmington. 
  2. The Mayor and the City Council shall retain the power to provide, maintain and conduct playgrounds and recreation centers, together with all other powers as recited in 65 ILCS 5/11-95-1, et. al., without prior consent, approval or advice of the Parks and Recreation Commission.
  3. Using standard accounting practices; each year the Parks and Recreation Commission shall provide a written report to the City Council prior to the athletic season setting forth an accounting of all fund balances and expected expenses for the upcoming athletic season. At the conclusion of the athletic season a written report shall be presented to the City Council reflecting the actual income and expenses associated with the athletic season.
  4. All checks sought to be issued by the commission must be signed and endorsed by both the Chairman and the Treasurer of the Parks and Recreation Commission.
  5. Any upgrade to city-owned facilities must have prior approval of the Mayor and City Council.

8-9-9:        ATHLETIC LEAGUES AND ASSOCIATIONS:

(A) Any organized entity using city-owned facilities shall be duly organized as not-for-profit corporations.

(B) Any organized entity using city-owned facilities shall at all times supply the City of Farmington with a current Certificate of Insurance with policy limits of at least $1,000,000 per occurrence, naming the City as an additional insured.

(C) Any organized entity using city-owned facilities shall demonstrate annually a significant number of City of Farmington residents as officers and participants.

8-9-10:        CRITERIA FOR ALLOCATIONS OF FIELDS FOR PRACTICE AND GAME USE:

(A) The use of recreational and athletic facilities and fields shall be allocated to give priority to resident leagues, associations and teams as opposed to traveling teams, and

(B) The use of recreational and athletic facilities and fields shall be allocated to give priority to teams in the normal season of their respective sport.

8-9-11:        USER FEES, RENTALS AND COMPENSATION:

(A) User Fees and Rentals. It shall be unlawful for any league, association, organization or team to charge any user fee or rentals to any other league, association, organization or team for use of City field and facilities.

The City Council may establish user fees or rentals to be used for Park purposes or to make grants to leagues, associations, organizations or teams provide labor material to the parks or field, or otherwise contributing the recreation of citizens of the City of Farmington.

(B) Compensation. The Chairperson, Treasurer, Secretary and remaining members of the Parks and Recreation Commission shall serve without compensation.

(Ordinance 2013-18 12/02/13)

City Right of Way

SECTION:

8-10-1:No Dumping
8-10-2:Violation Fine

8-10-1:             NO DUMPING ON CITY RIGHT-OF-WAY: A sign indicating, “NO DUMPING ON CITY RIGHT-OF-WAY $750.00 FINE” is to be erected at the extreme western end of West Court Street, west of the intersection of same with Oak Street and directly across from the last commercial establishment on the south side of West Court Street.

8-10-2:             VIOLATION; FINE: A violation of this Ordinance is punishable by a fine up to and including Seven Hundred Fifty Dollars ($750.00) per violation. (Ord. 01-04. 2-19-01)

Definitions

SECTION:

9-1-1:Definitions

9-1-1:               DEFINITIONS: Whenever in this Title the following terms are used, they shall have the meaning respectively ascribed to them in this Chapter. *1

ALLEY: The word “alley” shall mean a public way within a block generally giving access to the rear of lots or buildings, and not used for general traffic circulation.

BICYCLES: The word “bicycle” shall mean every device propelled by human power, upon which any person may ride, having two (2) tandem wheels, either or which is more than twenty inches (20”) in diameter.

BUSINESS DISTRICT: The term “business district” shall mean the territory of the City contiguous to and including a highway when within any six hundred feet (600’) along such highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, or office buildings, railroad stations, and public buildings which occupy at least three hundred feet (300’) of frontage on one side or three hundred feet (300’) collectively on both sides of the highway.

CONTROLLED ACCESS HIGHWAY: The term “controlled access highway” shall mean every street or highway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only as may be determined by the public authority having jurisdiction over such street or highway.

CROSSWALK: The word “crosswalk” shall mean that portion of the roadway included within the prolongation of the sidewalk lines at street intersections.

DRIVERS: The word “driver” shall mean every person who drives or is in actual physical control of a vehicle.

EMERGENCY VEHICLE: The term “emergency vehicle” shall mean police vehicles, vehicles of the Fire Department, ambulances, vehicles carrying a State, County, or City officer or employee in response to an emergency call, and emergency vehicles of public service corporations on an emergency call.

EXPLOSIVE: The word “explosive” shall mean any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing on explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities, or packing that an ignition by fire, by friction, by concussion, by percussion, or by a detonator of any part of the compound or mixture may cause such sudden generation of highly heated gases that the resultant gaseous pressured are capable of producing destructible  effects on contiguous objects or of destroying life or limb.

FLAMMABLE LIQUIDS: The term “flammable liquids” shall mean any liquid, which has a flash point of seventy degrees Fahrenheit or less as determined by tagliabue or equivalent closed cup test device.

IMPROVED HIGHWAY: The term “improved highway” shall mean any roadway of concrete, brick, asphalt, macadam or gravel.

INTERSECTION: The word “intersection” shall mean the following:

(A) The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two (2) highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different roadways joining at any other angle may come in conflict.

(B) Where a highway includes two (2) roadways forty feet (40’) or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection.

LANED ROADWAY: The term “laned roadway” shall mean a street, the roadway of which is divided into two (2) or more clearly marked lanes for vehicular traffic.

LOADING ZONE: The term “loading zone” shall mean the space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials.

MERGING TRAFFIC: The term “merging traffic” shall mean a maneuver executed by the drivers of vehicles on converging roadways to permit simultaneous or alternate entry into the junction thereof, wherein the driver of each vehicle involved is required to adjust his vehicular speed and lateral position so as to avoid a collision with any other vehicle.

METAL TIRES: The term “metal tires” shall mean every tire the surface of which in contact with the roadway is wholly or partially of metal or other hard, non-resilient material.

MOTORCYCLE: The word “motorcycle” shall mean every motor vehicle having a saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground, but excluding a tractor.

MOTOR VEHICLE: The term “motor vehicle” shall mean every vehicle, which is self-propelled, and every vehicle, which is propelled by electric power obtained from overhead wires, but not operated upon rails.

PARK: The word “park” shall mean to stand a vehicle, whether occupied or not, for a period of time greater than in reasonably necessary for the actual loading or unloading of persons.

PEDESTRIAN: The word “pedestrian” shall mean any person afoot.

PNEUMATIC TIRE: The term “pneumatic tire” shall mean every tire in which compressed air is designed to support the load.

PROPERTY LINE: The term “property line” shall mean the line marking the boundary between any street and the lots or property abutting thereon.

PUBLIC BUILDING: The term “public building” shall mean a building used by the City, the County, any park district, school district, the State of Illinois, or the United States Government.

RESIDENCE DISTRICT: The term “residence district” shall mean the territory of the City contiguous to and including a highway not comprising a business district when the property on such highway for a distance of three hundred feet (300’) or more is in the main improved with residences or residences and buildings in use for business.

REVERSIBLE LANE: The term “reversible lane” shall mean a lane of a two (2) or more laned roadway upon which traffic may be directed to move in either direction by means of lane-controlled signals or other devices, in conjunction with official signs.

RIGHT OF WAY: The term “right of way” shall mean the privilege of the immediate use of the roadway.

ROAD TRACTOR: The term “road tractor” shall mean every motor vehicle designed and used for drawing other vehicles and no so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn.

SAFETY ZONE: The term “safety zone” shall mean the area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.

SCHOOL BUS: The term “school bus” shall mean every motor vehicle of the second division operated by or for a public or governmental agency or by or for a private or religious organization solely for the transportation of pupils in connection with school activities.

SEMI-TRAILER: The term “semi-trailer” shall mean every vehicle without motive power 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.

SIDEWALK: The word “sidewalk” shall mean that portion of a street between the curb line or roadway and the adjacent property line designated for pedestrian use.

SOLID TIRE: The term “solid tire” shall mean every tire of rubber of other resilient material, which does not depend upon compressed air for the support of the load.

SPEED-CHANGE LANE: The term “speed change lane” shall mean an auxiliary lane, including tapered areas, primarily for the acceleration or deceleration of vehicles entering or leaving the through traffic lanes.

STREET OR HIGHWAY: The term “street or highway” shall mean every highway or portion thereof at the entrance to which vehicular traffic from intersecting highways is required by law to stop before entering or crossing the same and when stop signs are erected as provided in this Title.

SUBURBAN DISTRICT: The term “suburban district” shall mean that portion of the City other than the business and residence districts.

THROUGH HIGHWAY: The term “through highway” shall mean every highway or portion thereof at the entrance to which vehicular traffic from intersecting highways is required by law to stop before entering or crossing the same and when stop signs are erected as provided in this Title.

TRAFFIC: The word “traffic” shall mean pedestrians, ridden or herded animals, vehicles, and other conveyances whether singly or together while using any highway for the purpose of travel.

TRAILER: The word “trailer” shall mean every vehicle with out motive power designed for carrying passengers 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: The term “truck tractor” shall mean 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.

URBAN DISTRICT: The term “urban district” shall mean the territory contiguous to and including any street which is built up with structures devoted to business, industry or dwelling houses situated at intervals of less than one hundred feet (100’) for a distance of one-quarter (1/4) mile or more.

VEHICLE: The term “vehicle” shall mean every device in, upon or by which any person or property is or may be transported or drawn upon a highway except devices moved by human power or used exclusively upon stationary rails or tracks.

YIELD RIGHT OF WAY: The term “yield right of way” shall mean, when required by an official sign, the act of granting the privilege of the immediate use of the intersecting roadway to traffic within the intersection and to vehicles approaching from the right or left, provided that when the roadway is clear the vehicle may proceed into the intersection. (Ord. 459; Sec. 6-8-64)

  1. For statute authority regarding the provisions of this Title, see S.H.A. ch. 95 ½, 98 et seq.

Enforcement

SECTION:

9-2-1:Obedience to Police
9-2-2:Scene of Fire

9-2-1:               OBEDIENCE TO POLICE: Members of the Police Department and special police assigned to traffic duty are hereby authorized to direct all traffic in accordance with the provisions of this Title, or in emergencies as public safety or convenience may require, and it shall be unlawful for any person to fail or refuse to comply with any lawful order, signal or direction of a policeman. Except in case of emergency, it shall be unlawful for any person not authorized by law to direct or attempt to direct traffic.

9-2-2:               SCENE OF FIRE: The Fire Department officer in command or any fireman designated by him, may exercise the powers and authority of a policeman in directing traffic at the scene of any fire or where the Fire Department has responded to an emergency call for so long as Fire Department equipment is on the scene of or in assisting the police. (Ord. 459; 6-8-64)

Traffic Control Devices

SECTION:

9-3-1:Signs and Signals
9-3-2:Traffic-Control Signal Legend
9-3-3:Flashing Signals
9-3-4:Lane Control Signals
9-3-5:Pedestrian Control Signals
9-3-6:Unauthorized Signs
9-3-7:Interference with Signs or Signals
9-3-8:Unauthorized Signs, Signals and Markings

9-3-1:               SIGNS AND SIGNALS: It shall be unlawful for the driver of any vehicle to disobey the instructions of any traffic signs or signal placed in view by authority of the corporate authorities or in accordance with the laws of the State of Illinois, excepting on direction of a police officer. All signs and signals established by direction of a police officer; all signs and signals established by direction of the Council shall conform to the Illinois State Manual of Uniform Control Devices for Streets and Highways.

9-3-2:               TRAFFIC-CONTROL SIGNAL LEGEND: Whenever traffic is controlled by traffic-control signals exhibiting the words “Go”, “Caution”, or “Stop” or exhibiting different colored lights exclusively, the following colors only shall be used and said terms and lights shall indicate as follows:

(A) Circular Green Alone:

  1. Vehicular traffic facing the signal may proceed straight through or turn left or right unless a sign at such place prohibits either such turn. But vehicular traffic shall yield the right of way to other vehicles and to pedestrians lawfully within the intersection at the time such signal is exhibited.
  2. Pedestrians facing the signal may proceed across the roadway within any marked or unmarked crosswalk, unless directed otherwise by a pedestrian signal.

(B) Steady Yellow:

  1. Vehicular traffic facing the signal is thereby warned that the red indication will be exhibited immediately thereafter or the related green movement is being terminated, and shall stop before entering the nearest crosswalk at the intersection, but if such stop cannot be made in safety, a vehicle may be driven cautiously through the intersection.
  2. Unless otherwise directed by a pedestrian signal, pedestrians facing such signal are thereby advised that there is sufficient time to cross the roadway, and any pedestrian then starting to cross shall yield the right of way to all vehicles.

(C) Steady Red Alone:

  1. Vehicular traffic facing the signal shall stop before entering the nearest crosswalk at an intersection or at such other point as may be indicated by a clearly visible line; if there is no such line, then vehicles shall stop before entering such crosswalk and shall remain standing until the green indication is shown, unless otherwise directed by a sign or arrow.
  2. No pedestrian facing such signal shall enter the roadway unless he can do so safely and without interfering with any vehicular traffic or unless a separate “Walk” indication is shown.

(D) Green Straight Through Arrow (Alone):

  1. Vehicular traffic facing such signal may proceed straight through, but shall no turn right or left. Such vehicular traffic shall yield the right of way to other vehicles and to pedestrians lawfully within the intersection at the time such signal is shown.
  2. Pedestrians facing the signal may proceed across the roadway within the appropriate marked or unmarked crosswalk unless directed otherwise by a pedestrian signal. 

(E) Green Turn Arrow (alone or with circular green, with steady yellow, with steady red, or with green straight through arrow):

Vehicular traffic facing the signal shall comply with the meaning of the circular green, steady yellow or straight through arrow indication as if it were shown alone, except that such vehicular traffic may cautiously enter the intersection to make the movement indicated by the green turn arrow. Vehicular traffic shall yield the right of way to pedestrians lawfully within a crosswalk and to other traffic lawfully using the intersection.

(F) In the event that an official traffic control signal or flashing red signal is erected and maintained at a place other than an intersection, the provisions of this Section or of Section 9-3-3 shall be applicable except as to provisions, which by their nature can have an application. Any stop required shall be at a sign or marketing on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking the stop shall be made at the signal.

(G) The motorman of any streetcar shall obey the above signals applicable to vehicles.

(H) Green Arrow Alone: Vehicular traffic facing the signal may enter the intersection only to make the movement or movements indicated by the arrows, but shall not interfere with other traffic or endanger pedestrians lawfully within a crosswalk.

(I) In the event an official traffic control signal or flashing red signal is erected and maintained at a place other than an intersection, the provisions of this Section shall be applicable except as to provisions, which by their nature can have no application. Any stop required shall be at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking, the stop shall be made at the signal.

9-3-3:               FLASHING SIGNALS:  Whenever flash