Title 8 – Public Ways & Property – City of Farmington, IL

Subject	Chapter
Streets and Sidewalks	1
Sidewalk Construction	2
Waterworks and Sewerage Systems (RESERVED)	3
Sewer Regulations	4
Water Regulations (RESERVED)	5
Storm Drains	6
Cemetery	7
Railroads	8
Parks	9
City Right of Way	10

Last updated September, 2021.

Chapter 1

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)

S.H.A. Ch. 24, 11-80-3
S.H.A. Ch. 24, Sec. 11-80-20
S.H.A. Ch. 24, Sec. 11-80-14

Chapter 2

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)

S.H.A. Ch. 24, Sec. 11-80-13 amd. 1963

Chapter 3

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)

Chapter 4

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 Act	The 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).
Administrator	The Administrator of the U.S. Environmental Protection Agency.
Federal Grant	The 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 Act	The Illinois Anti-Pollution Bond Act of 1970.
Director	The Director of the Illinois Environmental Protection Agency.
State Grant	The 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
Ordinance	This Ordinance
City	The City of Farmington
Superintendent	The individual in charge of the water distribution and sewage collection system as designated and approved by the City Council.
Person	Any 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 Permit	Any 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
Wastewater	The 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.
Sewage	Used interchangeably with wastewater.
Effluent Criteria	Defined in any applicable NPDES Permit.
Water Quality Standards	Defined 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.
PPM	Parts per million by weight.
Milligrams per Liter	A 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 Solids	Solids 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.
pH	The logarithm (base 10) of the reciprocal of the hydrogen-ion concentration expressed by one of the procedures outlines in “Standard Methods”.
Standard Methods	The 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.
Garbage	Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.
Properly Shredded	The 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 Oil	Oil, 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 Equivalent	A 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.
Slug	Any 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 Facilities	The structures, equipment and processes required to collect carry away and treat domestic and industrial wastes and transport effluent to a watercourse.

WATERCOURSE AND CONNECTIONS
Watercourses	A channel in which a flow or water occurs, either continuously or intermittently.
Natural Outlet	Any outlet into a watercourse, pond, ditch, lake, or other body of surface or ground water.

USER TYPES
User Class	The 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 User	Any 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 Manhole	A 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 Charge	The 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 Charge	A charge levied on users of treatment works for the cost of operation and maintenance.
Basic User Charge	The basic assessment levied on all users of the public sewer system.
Debt Service Charge	The 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.
Surcharge	The 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.
Replacement	Expenditures 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 Life	The 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 Waste	Any 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 Industry	An 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
Sewer	A pipe or conduit for conveying sewage or any other waste liquids, including storm, surface and ground water drainage.
Public Sewer	A 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 Sewer	A 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 Sewer	A sewer that carries storm, surface and ground water drainage but exclude sewage and industrial wastes other than unpolluted cooling water.
Combined Sewer	A sewer, which is designed and intended to receive wastewater, storm, surface and ground water drainage.
Building Sewer	The extension from the building drain to the public sewer or other place of disposal.
Building Drain	The 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 Runoff	That portion of the precipitation that is drained into the sewers.
Sewerage	The system of sewers and appurtenances for the collection, transportation and pumping of sewage.
Easement	An acquired legal right for the specific use of land owned by others.

TREATMENT
Pretreatment	The treatment of wastewater’s from sources before introduction into the wastewater treatment works.
Wastewater Treatment Works	An 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 Fund	The 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

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.
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.
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.
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

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.
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.
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.
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.
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.
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.
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.
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.
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

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.
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.
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.
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.
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.
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.
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.
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.
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.
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)
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.
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.
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)
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.
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.
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:

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.
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.
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.
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.
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.
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.
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.
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.
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.
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.)
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

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

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.
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.
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

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.
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.
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

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.
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.
Cost Per Unit of Treatment:

Based on…. 40% Chargeable to Flow
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.
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.
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.
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.
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.
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.
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

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.
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.
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.
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.
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.
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.
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.
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.
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 20^th 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.

Chapter 5

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)

Chapter 6

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)

Chapter 7

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).

Not Available

Title 8 Supplement – Oak Ridge Cemetery Regulations

Chapter 8

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)

Chapter 9

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:

motorized bikes, or
dirt bikes, or
three and four wheeled ATV’s, or
motor driven or electric scooters, or
unauthorized licensed motor vehicles, or
snowmobiles

(B) Exemptions include:

licensed vehicles lawfully parked in designated areas,
motorized wheel chairs or handicapped three and four wheel scooters,
lawnmowers, tractors and other motorized vehicles used in the maintenance of said parks,
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:

To oversee the overall operations and utilization of the parks and recreation facilities of the City of Farmington;
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
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:

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.
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.
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.
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.
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)

Chapter 10

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)

Chapter 1

Streets and Sidewalks

SECTION:

Chapter 2

Sidewalk Construction

SECTION:

Chapter 3

Waterworks and Sewerage Systems

Chapter 3: Reserved

Chapter 4

Sewer Regulations

SECTION:

Chapter 5

Water Regulations

Chapter 5: Reserved

Chapter 6

Storm Drains

SECTION:

Chapter 7

Cemetery

SECTION:

Chapter 8

Railroads

SECTION:

Chapter 9

Parks

SECTION:

Chapter 10

City Right of Way

SECTION:

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