Plano City Zoning Code
TITLE 8
PUBLIC HEALTH AND SAFETY
CHAPTER 1 FIRE DEPARTMENT
(Rep. by Ord. 2004-25, 6-28-2004)
CHAPTER 3 TREES AND SHRUBS
(Rep. by Ord. 1996-35, 12-9-1996)
8-2-1: PURPOSE:
The purpose of this chapter shall be to regulate and control the accumulation, removal and disposal of refuse and to eliminate unhealthy, unsanitary and unsightly conditions in the city. (Ord. 1962-16)
8-2-2: DEFINITIONS:
For the purpose of this chapter, unless otherwise indicated, the following definitions shall apply:
GARBAGE: Refuse, organic matter, rejected or waste household food, offal, swill and carrion.
REFUSE: All garbage, ashes and all other rejected matter, rubbish, dust and miscellaneous waste, but not including manure or discarded construction or building material, large tree limbs or brush. (Ord. 1962-16; amd. Ord. 2020-5, 2-24-2020)
8-2-3: REFUSE CONTAINERS:
A. Use Of Containers: Refuse may be accumulated and stored in approved type containers. Nonorganic and nonflammable debris are accepted; provided, that storage of such debris is done in a nonobjectionable manner.
1. Approved type containers in the residential zoning districts, including condominium units in the R6-AT district, shall mean those garbage and recycling containers issued by the contracted waste hauler for the city of Plano.
2. Containers commonly referred to as "dumpsters" shall be prohibited in residential districts except for when they are associated with a permitted construction project or with the permission of the building, planning, and zoning department when associated with a project not requiring a building permit. In such cases, the dumpsters shall be removed from the property prior to issuance of a certificate of occupancy or with forty eight (48) hours of project completion.
B. Condition Of Container: Every owner, occupant, tenant, lessee or person in possession of a house, flat, or apartment or business place shall at all times maintain in good order adequate containers for refuse. Every refuse container must be equipped with a tight fitting cover and be durably constructed of impervious material and be watertight and rodent proof.
C. Location: All refuse containers shall be placed in an off street and nonoffensive location, except during the time between the evening preceding collection of refuse and the evening following collection thereof, and by special permission of the city council. (Ord. 1962-16)
D. Apartment Buildings:
1. Apartment Buildings; Four Or More Units: The owner or owners of any apartment building or multi-family complex containing four (4) or more dwelling units shall keep and maintain, at all times, a suitable garbage container or dumpster having an adequate capacity for the accumulation and storage of garbage, refuse and debris generated from the dwelling units, adequate and sufficient to eliminate the overflowing of the garbage container or dumpster or the accumulation and storage of garbage, refuse and debris outside of the garbage container or dumpster. Such garbage container or dumpster shall be maintained, serviced and dumped not less than once weekly by a scavenger duly licensed to engage in the business of scavenger or the collection or disposal of refuse within the city limits. Such scavenger shall, in all respects, comply with the licensing provisions of section 8-2-5 of this chapter and shall, at all times, comply with the recycling provisions of this code. Such container or dumpster shall be enclosed in a minimum six foot (6') tall gated enclosure, fence or screen which fully obstructs the view of the container from the public street.
2. Apartment Buildings; Three Or Less Units: The owner or owners of any apartment building or complex containing three (3) or less units shall provide, for each unit, one refuse and one recycling container as normally provided for a single residence. All containers shall be kept and maintained in one off street and unoffensive area not visible from the abutting street or streets.
E. Commercial Buildings And Industrial Complexes: The owner or owners of any commercial building or industrial complex shall keep and maintain, at all times, suitable garbage containers or dumpsters having an adequate capacity for the accumulation and storage of garbage, refuse and debris generated from the commercial and/or industrial businesses or enterprises, adequate and sufficient to eliminate the overflowing of the garbage container or dumpster or the accumulation and storage of garbage, refuse and debris outside of the garbage container or dumpster. Such garbage container or dumpster shall be maintained, serviced and dumped not less than once weekly by a scavenger duly licensed to engage in the business of scavenger or the collection or disposal of refuse within the city limits of the city. Such scavenger shall, in all respects, comply with the licensing provisions of section 8-2-5 of this chapter and shall, at all times, comply with the recycling provisions of this code.
1. Containers or dumpsters that can be viewed from a public street shall be enclosed in a minimum six foot (6') tall gated enclosure, fence, or screen which fully obstructs the view of the container.
2. Containers or dumpsters that are accessed from a public alley are exempt from this requirement. (Ord. 1962-16; amd. 1989 Code; Ord. 1993-25, 9-13-1993; Ord. 2012-19, 6-25-2012; Ord. 2020-5, 2-24-2020)
8-2-4: COLLECTION RATES AND CHARGES:
A. Rates Established: All property upon which any single-family residence or duplex or three (3) unit apartment building has been or may hereafter be erected shall pay to the city collector for refuse collection for each unit, an amount as established by contract. (Ord. 2005-27, 5-24-2005)
B. Rendition Of Bills: Bills for refuse collection shall be sent out together with bills for water and sewer service, or at such other time as may be directed by the city council.
C. Delinquent Bills, Lien: Charges for refuse collection shall be a lien upon the premises as provided by statute. Whenever a bill for refuse collection remains unpaid for thirty (30) days after it has been rendered, the city clerk may file with the recorder of Kendall County, Illinois a statement of lien claim. This statement shall contain the description of the premises served, the amount of the unpaid bill and a notice that the city claims a lien for this amount as well as for all charges for refuse collection subsequent to the period covered by the bill.
If the resident whose bill is unpaid is not the owner of the premises and the clerk has notice of this, then the notice shall be mailed to the owner of the premises, if his address is known to the clerk, whenever such bill remains unpaid for a period of sixty (60) days after it has been rendered.
The failure of the clerk to record such lien claim 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 unpaid refuse collection bills as hereinafter set forth.
D. Foreclosure Of Lien: Property subject to a lien for unpaid refuse collection charges shall be sold for nonpayment of the same, and the proceeds of such 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 of 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, against any property for which refuse collection charge has remained unpaid thirty (30) days after it has been rendered; provided, however, that prior to instituting a foreclosure suit, notice of intent to foreclose the lien shall be mailed to the property address and to the owner of the property, if his address is different from the property involved and if such address is known to the clerk. (Ord. 1977-3, eff. 4-1-1977; amd. Ord. 1993-11, 4-26-1993)
8-2-5: REFUSE COLLECTION:
A. License To Collect:
1. License Required: It shall be unlawful for any person to engage in the business of scavenger or the collection or disposal of refuse in the city without having first secured a license therefor.
2. Refuse Collector: A person who collects garbage or refuse for hire in the city, and who is generally engaged in the business of scavenger or the collection or disposal of refuse.
3. Application For License: Applications for such license shall be made to the city clerk and action approving or denying such license shall be taken at the next regular city council meeting.
4. License Fee And Term: Effective for all licenses issued to be effective on or after January 1, 1994, the fee for such scavenger license shall be one hundred fifty dollars ($150.00) per year. Each license granted hereunder shall be effective for a term commencing January 1 and shall terminate the following December 31 of each year. Any applicant for a license must pay the annual fee regardless of the time when the license is issued and no refunds will be made and no fees prorated.
5. Insurance Required: A certificate of insurance by duly authorized insurer in the state in the amount of one million dollars ($1,000,000.00) combined liability and property insurance, and one million dollars ($1,000,000.00) personal insurance covering licensee's operation in the city shall be filed with the city clerk at or before the time such license is issued.
B. Refuse Storage And Disposal: It shall be unlawful for any scavenger to dispose of or store any refuse within the city limits, except at such locations, if any, so designated by the city council.
C. Curbside Collection Of Recyclables – Residential:
1. No refuse or garbage collector shall collect residential garbage in the city unless such garbage or refuse collector shall provide a special curbside collection service for aluminum and bimetal cans, newspapers, glass bottles and plastic bottles on the same day as such garbage collector's regular collection.
2. Refuse/garbage collectors shall be entitled to charge the residential customers in the city for whom they provide service an additional fee per month as approved by the city to pay for the cost of providing such recycling service, regardless of whether such residents participate in the recycling program.
3. It shall be unlawful for any person other than a licensed refuse/garbage collector, as approved by the city, to pick up any recyclable materials, including, but not limited to, aluminum and bimetal cans, newspapers, plastic bottles and glass bottles from a recycling container. (Ord. 1993-15, 5-24-1993; amd. Ord. 1993-17, 6-28-1993; Ord. 2020-5, 2-24-2020)
8-2-6: COLLECTION VEHICLES:
A. No person owning or controlling any vehicles used for the carrying or transporting of any refuse shall cause or permit such vehicle, when in use for such purposes, to stand or remain before or near any building or premises occupied by any person for an unreasonable or unnecessary length of time.
B. All refuse vehicles shall be of the totally enclosed type so that refuse being carried or transported on city streets will not be exposed and noxious fluids will not leak out.
C. Any person owning or controlling any refuse vehicle shall regularly cause all such vehicles to be thoroughly disinfected.
D. All such refuse vehicles shall be inspected or caused to be inspected at least annually by the city council. (Ord. 1962-16)
8-2-7: OPEN BURNING:
A. Restrictions:
1. Unlawful To Burn: Except as hereinafter provided, it shall be unlawful for any person to burn leaves, building materials and refuse, and other forms of vegetation, including shrubs, branches, wood, grass, weeds, plant material and general vegetation, within the city limits of the city.
2. Campfires: Burning of campfires in connection with group outings such as boy scouts and girl scouts and other camping outings by groups, or recreational campfires by individuals are permitted, provided that the fires are maintained in such manner so as not to constitute a hazard or nuisance to person or property.
3. Dumpster Required: All construction sites and all commercial and nonresidential property owners must use a dumpster to remove waste and refuse unless the property owner receives permission for special arrangements with regard to burning from the building and zoning administrator.
4. Exceptions: Nothing herein contained shall be deemed to prohibit or restrict the city of Plano, as a part of its corporate functions, from the open burning, during any month of the year, of any materials, including but not limited to, materials collected by the city of Plano through its tree trimming/removal program, brush pick ups, and any other means by which these materials come into the city's possession. This may include disposal of wood waste/manufactured lumber and uncoated wood fiber products, etc, that may be part of municipal operations of Public Works. Furthermore, nothing herein contained shall be deemed to prohibit the Little Rock Fox fire protection district, in cooperation with the city of Plano, to burn houses and other structures in the city for training and educational purposes in accordance with the rules and regulations promulgated, from time to time, by the state fire marshal of the state of Illinois and the environmental protection agency.
(Ord. 2000-25, 9-25-2000; amd. Ord. 2003-1, 1-27-2003; Ord. 2020-5, 2-24-2020; Ord. 2023-1, 1-9-2023)
8-2-8: STORAGE OF JUNK AND REFUSE ON PRIVATE PROPERTY:
A. Definition: "Junk", "trash" and "refuse" are defined herein to include any and all waste matter, whether reusable or not, which is offensive to the public health, safety or to the aesthetics of the neighborhood, and is specifically intended to include, but not to be limited to, worn out, wrecked and/or abandoned automobiles 1 , trucks, tractors, machinery of any kind, any parts thereof, old iceboxes, refrigerators, stoves, bathroom fixtures and hot water tanks.
B. Nuisance Declared: The storing of junk, trash and refuse on private property within the city where such storage is unsightly or offensive to the public health or safety, or to the aesthetics of the neighborhood, is hereby declared a nuisance. (Ord. 1964-11; amd. Ord. 2020-5, 2-24-2020)
8-2-9: VIOLATIONS AND PENALTIES:
Notices of violation, administrative hearings and penalties for violations of any part of this chapter shall be in accordance with the requirements of Title 1, Chapter 14 of this code. (Ord. 1962-16; amd. 1989 Code; Ord. 2020-5, 2-24-2020)
8-2-10: BRUSH PICK UP:
A. Definitions: For the purposes of this section, the following words shall have the meanings ascribed to them:
BRUSH: Cut or broken branches from bushes and trees, not exceeding four feet (4') in length and not exceeding twelve inches (12") in diameter.
PARKWAY: That portion of the public right of way lying adjacent to and between the paved portion of the public street and the adjacent lot line or property line.
All other words used in this section shall have the meaning or meanings commonly ascribed to them or as otherwise defined in this code.
B. Schedule: It shall be unlawful for any person, firm or corporation to place, maintain or discard any brush along or upon the parkways in the city except during the following periods of time immediately preceding the pick up of brush by the city:
1. Brush may be placed on the parkways in the city for pick up from the first through the seventh of each of the months of May through October of each year, which brush shall then be picked up by the city starting as soon as possible on or after the eighth day of the months of May through October of each year.
2. No brush shall be placed or discarded along or upon the parkways in the city after the seventh day of each month. Furthermore, no brush shall be placed, maintained or discarded along or upon the parkways in the city during the months of November through April of each year.
3. Pick up trucks for the removal of brush shall make only one pass along each street. (Ord. 1999-24, 8-23-1999; amd. Ord. 2020-5, 2-24-2020)
8-4-1: DEFINITIONS:
PARKWAY: The area between the edge of the pavement or curb and the property line.
WEEDS: As used in this chapter shall include the following: all grasses, burdock, ragweed (giant), ragweed (common), thistle, cockleburr, jimson, blue vervain, common milkweed, wild carrot, poison ivy, wild mustard, rough pigweed, lamb's quarter, wild lettuce, curled dock, smartweeds (all varieties), poison hemlock and wild hemp. (Ord. 1973-8; amd. Ord. 2002-52, 12-9-2002; Ord. 2017-6, 1-23-2017)
8-4-2: DUTY TO CUT WEEDS:
A. It is hereby declared to be illegal for the owners of real estate to refuse or neglect to cut weeds when such weeds shall have reached height in excess of eight inches (8"). (Ord. 1973-8)
B. Every owner of real estate within the city shall cut weeds on his property and on the "parkway" adjacent thereto, as herein defined, at all such times as may be necessary so that such weeds shall not exceed eight inches (8") in height; and if said owner neglects or refuses to cut weeds so that such weeds shall not exceed eight inches (8") in height, the city may cut the weeds on behalf of the owner. (Ord. 2017-6, 1-23-2017)
8-4-3: WEED CUTTING LIEN:
A. If the weeds are cut by the city or by someone directed to cut them on behalf of the city, a notice of lien of the cost and expense thereof incurred by the city shall be recorded in the manner prescribed by this section.
B. The municipality, or the person performing the service by authority of the city, in its or his own name, may file notice of lien in the office of the recorder of deeds of Kendall County. The notice of lien shall consist of a sworn statement setting out:
1. A description of the real estate sufficient for identification thereof;
2. The amount of money representing the cost and expense incurred or payable for the service; and
3. The date or dates when said cost and expense was incurred by the municipality.
C. The sworn statement shall be filed within sixty (60) days after the cost and expense is incurred. (Ord. 1973-8)
8-4-4: FEES FOR WEED CUTTING; PAYMENT OF COSTS AND EXPENSES, RELEASE OF LIEN:
A. When the city cuts weeds on private property as contemplated by this chapter, the city shall charge and shall be entitled to reimbursement at the rate of one hundred dollars ($100.00) for the first hour or part thereof and seventy five dollars ($75.00) for each hour or part thereof after the first hour, for crew time and machinery expended by the city in the cutting of weeds on private property, as specified in this chapter.
B. Upon the payment to the city of the foregoing costs and expenses incurred by the city, and if a lien has been filed, that lien shall be released by the city and the release shall be delivered to the owner for recording by the owner. (Ord. 2007-43, 10-8-2007)
8-5-1: ADDRESSES TO BE DISPLAYED:
From and after the effective date of this Chapter, all buildings or units thereof situated within the corporate limits of the City, shall have displayed thereon the street address of such building, such street address to be numerically displayed as follows:
A. Number Size: 3 1/2 inch minimum.
B. Color: Contrasting to background.
C. Location of Numbering: Clearly visible from street.
8-5-2: ADDITIONAL REQUIREMENTS:
The following additional requirements apply to all multi-tenant commercial buildings and multi-family residential buildings:
A. Multi-tenant commercial buildings and multi-tenant residential structures accessed by a common entrance shall have clearly displayed, at such common entrance, the numerical street address or addresses of the building, corresponding to the size, color and location requirements specified in Section 8-5-1 hereof.
B. Multi-tenant commercial buildings and multi-tenant residential structures accessed through various entrances shall have clearly displayed at each entrance facing upon the street, the address of the building and the units contained within or accessed from each access location, such street address and unit numbers, where applicable, to be of the same size, color and location as specified in Section 8-5-1 hereof.
C. The individual unit entrance door contained within any multi-tenant commercial or residential building or structure shall have clearly displayed on the unit door the unit number or unit letter assigned thereto by the building owner or building manager, said unit number or unit letter to be not less than three one-half inches (31/2") tall.
8-5-3: FLOOR PLAN:
To further promote the health, welfare and safety of all tenants or occupants of multi-tenant commercial buildings and/or multi-family Residential Buildings, the owner or manager thereof shall provide to the Fire Department and to the Police Department of the City on or before September 15, 1989, a floor plan, drawn as nearly as possible to scale, setting forth the individual units contained within each building and setting forth the location of the common entrance door or doors to the building and the specific entrance door to each of the units contained therein and setting forth the unit number assigned to each unit.
8-5-4: ENFORCEMENT:
The provisions of this Chapter shall be enforced by the police department of the City; provided, however, that enforcement hereof shall be deferred until September 16, 1989, in order to permit all persons affected by the terms of this Chapter to comply with the terms hereof.
8-5-5: COMPLIANCE; PENALTY:
It shall be the duty of the owner of each building or structure affected by Chapter to comply with the terms hereof. Any person, firm or corporation, who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Chapter shall upon a conviction thereof be fined not less than twenty five dollars ($25.00), nor more than two hundred dollars ($200.00) for each offense. Each day that a violation is permitted to exist after notification thereof shall constitute a separate offense. (Ord. 1989-22, 6-26-89)
8-6-1: DEFINITIONS:
POLLUTED: The presence of one or more contaminants in sufficient quantities of such characteristics and duration as to be injurious to human, plant or animal life, to health or to property or to unreasonably interfere with enjoyment of life or property.
STAGNANT WATER OR STANDING WATER: Any accumulation of water including, but not limited to, ponds, drainage ditches, basins, or low surface level areas in which water is likely to accumulate and not drain freely, which stagnant or standing water is likely to enhance or promote the breeding of mosquitoes or other annoying insects or which is generally unhealthy or unsafe. (Ord. 2003-9, 3-24-2003)
8-6-2: NUISANCE:
A. It shall be a nuisance and therefore, unlawful for any person to cause to be polluted the atmosphere, any waterway, stream, lake, pond, storm sewer or ground so as to render unsanitary, unsafe or dangerous to the health and well being of any person or animal, fish or fowl coming in contact with said polluted air, water, or ground within the city.
B. It shall be a nuisance and therefore unlawful to permit standing or stagnant water to remain upon any property located within the city. (Ord. 2003-9, 3-24-2003)
8-6-3: ABATEMENT:
A. The director of public works, or his agents, is directed to abate such nuisance by any means deemed necessary so as to prevent the breeding of mosquitoes and other annoying insects.
B. It shall be unlawful for any person to prevent, obstruct, or prohibit the city, the director of public works, or any agent of the city from abating such nuisance in the manner provided herein. (Ord. 2003-9, 3-24-2003)
8-6-4: PENALTY:
Any person, firm or corporation violating the terms and provisions of this chapter shall be guilty of a petty offense and shall, upon conviction of violating any provisions of this chapter, be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each offense plus all applicable court costs. Each day that a violation of this chapter continues shall constitute a separate offense. (Ord. 2003-9, 3-24-2003)
8-7-1: APPLICABILITY:
This chapter applies to applications for site location approval of certain new pollution control facilities (as defined by section 3.330 of the Illinois environmental protection act 1 ). Specifically, it is intended to apply to applications for site location approval for a pollution control facility, including a "transfer station" (as defined in section 3.500 of the Illinois environmental protection act 2 ) designed and intended to accept "municipal waste" (as defined herein) for temporary storage or consolidation, and further transfer to a waste disposal, treatment or storage facility. To the extent a facility described in an application proposes to manage material which is not "waste" (as defined by section 3.535 of the Illinois environmental protection act 3 ), or proposes to conduct an activity which is excluded from the definition of a pollution control facility as defined by the Illinois environmental protection act 4 , or proposes to conduct an activity which does not require a permit from the Illinois environmental protection agency, this chapter does not govern such application, and authorization to locate such a facility shall be determined by the city's other ordinances and codes, including, but not limited to, those related to zoning, special use, building or environmental requirements, as applicable. (Ord. 2005-49, 10-24-2005)
8-7-2: DEFINITIONS:
All words used in this chapter shall have the same meanings and definitions as the same terms are defined in the environmental protection act, 415 Illinois Compiled Statutes 5/1 et seq., and the implementing and interpreting administrative rules and regulations in effect as of the date hereof, and as said statute and regulations and rules may be amended or modified from time to time.
ACT: The Illinois environmental protection act, 415 Illinois Compiled Statutes 5/1 et seq.
APPLICANT: Any person, group of persons, partnership, firm, association, corporation, company or organization of any kind that files an application for local siting approval pursuant to this chapter.
APPLICATION: The document(s) filed by the applicant requesting local siting approval for a facility.
CITY: City of Plano, Illinois, an Illinois municipal corporation.
CLERK: The city clerk for the city of Plano, Illinois.
DAYS: Unless otherwise stated herein, reference to "day" or "days" shall mean calendar days.
FACILITY: A new pollution control facility, as defined in the act.
HEARING OFFICER: The attorney or other individual appointed by the mayor of the city, with the advice and consent of the city council to preside over the public hearing(s) associated with a siting application.
IEPA: The Illinois environmental protection agency.
MUNICIPAL WASTE: Garbage, general household and commercial waste, industrial lunchroom or office waste, landscape waste, and construction or demolition debris (as defined in section 3.290 of the act 1 ). "Special waste", including, but not limited to, potentially infectious medical waste, hazardous waste, industrial process or pollution control waste, and empty containers in which special waste has been stored, and as specifically defined in section 3.475 of the act 2 shall be excluded from the definition of "municipal waste".
POLLUTION CONTROL FACILITY COMMITTEE (Sometimes Referred To As PCF COMMITTEE): The committee appointed by the mayor to conduct the public hearing for site location approval.
TRANSFER STATION: A site or facility that accepts waste for temporary storage or consolidation, and further transfer to a waste disposal, treatment or storage facility, as defined in section 3.500 of the act 3 . (Ord. 2005-49, 10-24-2005)
8-7-3: NOTICE REQUIREMENT AND FILING FEE:
A. No later than fourteen (14) days prior to submittal of an application for site location approval, applicant shall cause notice of intent to submit such an application to all owners of property within two hundred fifty feet (250') in each direction of the lot line of the subject property line, and to all members of the general assembly from the legislative district in which the site is located. Notification must be in conformance with the provisions of section 39.2 of the act. Proof of compliance with the above stated notification requirements must be submitted with the application.
B. Each application for a new pollution control facility to be processed pursuant to this chapter shall include a two hundred fifty thousand dollar ($250,000.00) application fee. This fee shall be waived if the applicant is a duly constituted Illinois municipality in good standing. The applicable filing fee is intended to defray the reasonable and necessary costs of addressing and processing all aspects of the application, including, but not limited to, prefiling review matters, cost of site inspections, clerical expenses, copying costs, space rental, hearing officer compensation, court reporter expenses, transcription costs, public notice expenses, staff review time, reasonable attorney fees, times and consultants retained by the city (such as qualified professional engineers, planners, appraisers, environmental counsel, etc.) including test analysis, exhibit examination and other testimony (if any) provided by such consultants and professionals, as well as all other reasonable costs and expenses incurred by city staff in review and evaluation of the application, as well as all other relevant costs incident to consideration of all aspects of the application, the costs incident to preparing the record for appeal, and the cost of representing the city on appeal in case of an appeal of the granting and/or denial of site location approval (the "city's costs").
Any portion of the application fee that remains unexpended upon final resolution of the siting process (including appeals to the Illinois pollution control board, appellate courts, Illinois supreme court, federal courts and any other administrative review) shall be returned to the applicant.
In the event that, at any time prior to the conclusion of the siting approval decision, the city has expended such sums as to reduce the unspent balance of the application fee to an amount less than twenty five thousand dollars ($25,000.00), the applicant will be notified in writing. The applicant shall then have fourteen (14) days to deposit with the city clerk an additional fifty thousand dollars ($50,000.00), unless the city council determines that funds in excess of the required amount are necessary based upon the status of the siting approval process. In no event shall a demand for additional fees exceed one hundred thousand dollars ($100,000.00) per each additional funding request.
Applicant shall further be responsible to reimburse the city for expenses and reasonable attorney fees incurred by the city as a result of any collection activity or litigation necessarily instituted by the city to collect such additional costs.
The city council may, by adoption of appropriate resolution, reduce the application fee upon petition by the applicant setting forth the reasons why a reduction is justified. The city council must make a finding that the reduced fee will not jeopardize the ability of the city to conduct a complete and impartial public hearing. The applicant will be responsible for any fees or costs incurred above the reduced fee. (Ord. 2005-49, 10-24-2005)
8-7-4: CONTENT OF APPLICATION:
A. An executed host agreement must be appended to, and included as part of, any application filed with the city for site location approval.
B. The following is a listing of the minimum content of applications for site location approval for a transfer station to be located within the city of Plano. The applicant may, at its discretion, provide additional information with its application.
WRITTEN PRESENTATION
I. The facility is necessary to accommodate the waste needs of the area it is intended to serve.
A. Introduction
B. Economic benefits of facility
C. Service area identification1
D. Demographics of service area
E. Waste generation rates of service area
F. Existing waste disposal network for service area
G. Future waste disposal network for service area
H. Conclusion, signed by professional expert
II. The facility is so designed, located and proposed to be operated that the public health, safety and welfare will be protected.
A. Introduction
B. Site legal and general description1
1. Survey plat with existing structures1
2. Aerial photographs of the site
3. Identification of property owners
4. Existing topography of site (minimum 1 foot contours)1
5. Title search of property
C. Existing conditions of site and adjacent properties1
1. Historical property uses
D. Location standards
1. Residential properties1
2. Floodplain limits1
3. Archaeological study
4. Airport study
5. Groundwater study
6. Endangered species study
7. List covenants recorded with the property deed
8. Identification of wetlands on property
E. Site design
1. Entrance1
2. Landscaping plan1
3. Access roads and interior traffic circulation1
4. Security measures to be implemented
5. Weight station location and design1
6. Parking on site1
7. Vehicle stacking procedures1
8. Utilities on site1
9. Office structures
10. Facility structures, including transfer station structure and detailed floor plan1
11. Water supply, water capacity, and facility's water requirements
12. Storm water management measures
a. 2-year, 24 hour design
b. 100-year, 24 hour design
c. Basin design and release rate
d. Sediment control measures
e. Erosion control measures (on site and off site)
f. Drainage flow off site1
g. Site location on USGS 7.5 minute quadrangle map1
F. Operations
1. Hours of operation
2. Quantity of waste accepted
3. Anticipated quantities of waste received by waste type
4. Identification of acceptable waste types
5. Waste screening procedures
6. Waste transfer operational plan1
7. Overnight storage of waste on site
8. Waste volume throughput analysis
9. Identification of disposal sites and permits
10. Identification of proposed railroad activities
11. Recycling activities on site
12. Equipment requirements
13. Facility cleaning procedures
14. Load checking program
15. Traffic pattern (on site)1
16. Facility for employees
17. Fueling procedures
18. Litter control
19. Vector control procedures
20. Indoor air quality
21. Outdoor air quality
22. Odor control procedures
23. Noise control procedures
24. Training personnel
25. Fire control protection
26. Lockout/tagout procedures
27. Insurance coverage
28. Record keeping procedures
a. Daily tonnage receipts by waste type
b. In county daily tonnage receipts
c. All regulatory correspondence
d. All environmental and regulatory inspections
e. Wastewater generation and disposal records
f. Load inspection and load discrepancy records
g. Accident records
29. Wastewater generation and handling
a. Wastewater generation calculations
b. Wastewater storage procedures
c. Wastewater disposal/treatment procedures
30. Operational contingency plans
a. Equipment failure
b. Interruption of utility service
c. Inclement weather
d. Labor strikes
31. Proposed life of facility
32. Final closure
a. Waste removal
b. Equipment removal
c. Equipment cleaning
d. Cost estimate
e. Schedule
G. Operator information and experience
1. Articles of incorporation
2. Audited financial statements
3. Pollution control facility experience, including transfer station experience within the state of Illinois and other states
4. Summary of all pollution control facility violations and transfer station violations in the state of Illinois, and other states
5. Transfer station experience outside Illinois
6. Resume of facility manager
H. Conclusion, signed by professional expert
III. The facility is located so as to minimize incompatibility with the character of the surrounding area and to minimize the effect on the value of the surrounding property.
A. Introduction
B. Land use/zoning/planning study
1. Site zoning
2. Adjacent and surrounding zoning1
3. Adjacent and surrounding land uses1
4. Landscape plan1
5. Setbacks1
6. Conformity with the Kendall County 2020 land resource management plan
C. Real estate impact study
1. Proposed improvements
2. Chicago metropolitan area data and Kendall County area data
3. Transfer site area study
4. Property value impact study
D. Conclusion, signed by professional expert
IV. The facility is located outside the boundary of the 100-year floodplain or the site is floodproofed.
A. Introduction
B. Location of 100-year floodplain1
C. Conclusion, signed by professional expert
V. The plan of operations for the facility is designed to minimize the danger to the surrounding area from fire, spills or other operational accidents.
A. Introduction
B. Fire prevention measures
C. Spill prevention measures
D. Accident prevention/risk management
E. Operational contingency plan
F. Conclusion, signed by professional expert
VI. The traffic patterns to, or from, the facility are so designed as to minimize the impact on existing traffic flows.
A. Introduction
B. Methodology used
1. Traffic characteristics of the facility
2. Traffic assignment and analysis
3. Roadway and site access requirements
C. Site accessibility
1. Site location1
2. Area roadways1
3. Proposed roadway improvements1
4. Existing traffic volumes
D. Develop traffic characteristics
1. Directional distribution
2. Estimated site traffic generation
3. Future growth
E. Accident history of key intersections to, and from, facility
F. Traffic impact analysis
1. Site access
G. Identification of routing to disposal facility
H. Gap study
I. Conclusion, signed by professional expert
VII. If the facility will be treating, storing or disposing of hazardous waste, an emergency response plan exists for the facility which includes notification, containment and evacuation procedures to be used in case of an accidental release.
A. Introduction
B. Emergency response plan
C. Conclusion, signed by professional expert
VIII. If the facility is to be located in a county where the county board has adopted a solid waste management plan consistent with the planning requirements of the local solid waste disposal act or the solid waste planning and recycling act, the facility is consistent with that plan.
A. Introduction
B. Benefits of facility
C. Consistency with the solid waste plan
D. Conclusion, signed by professional expert
IX. If the facility will be located within a regulated recharge area, any applicable requirements specified by the board for such areas have been met.
A. Introduction
B. Location of regulated recharge
C. Conclusion, signed by professional expert
Note: 1. A graphic presentation or figure is required with the text.
(Ord. 2005-49, 10-24-2005)
8-7-5: FILING PROCEDURES:
A. The applicant for site location approval shall file not less than twenty five (25) copies of the application, together with such additional copies as shall be requested by the city clerk, including ten (10) full sized copies of exhibits and fifteen (15) reduced copies of all exhibits, with the city clerk, together with the appropriate site review application fee. The applicant is to provide up to ten (10) additional copies of the application to the city upon request.
B. The clerk, upon receiving said application, shall do the following:
1. Accept for filing, and date stamp as filed, any application that is filed. The date on the date stamp of the clerk shall be considered the official filing date for all time limit purposes. Receipt and acceptance of an application by the clerk is pro forma, and does not constitute an acknowledgment that the applicant has complied with the act or this chapter.
2. Upon the filing of an application, the clerk shall immediately distribute copies of the application to each member of the city council then holding office, a copy to the mayor of the city, a copy to the city engineer, a copy to the director of building, planning and zoning, and a copy to the city attorney for the city.
3. The clerk shall make available a copy of the application and public record concerning the application for public inspection during the normal business hours of the clerk's office. Additionally, the clerk shall provide to any person so requesting, copies of the application or the public record, upon such person's payment of the actual cost of reproduction.
C. Form of applications:
1. All applications shall be in writing on eight and one-half inch by eleven inch (81/2" x 11"), eight and one-half inch by fourteen inch (81/2" x 14"), or eleven inch by seventeen inch (11" x 17") paper.
2. The pages of the application shall be consecutively numbered, and all exhibits shall be clearly marked and identified.
3. The text portion of the application (not including exhibits or graphic presentations) shall also be furnished in electronic format.
D. Proof of service evidencing that copies of said application were served upon each municipality whose official boundaries are within one and one-half (11/2) miles of the property line of the proposed facility.
E. Proof of notice, pursuant to section 39.2(b) of the act. (Ord. 2005-49, 10-24-2005)
8-7-6: HEARING PROCEDURES:
A. For each application filed, the mayor shall appoint a pollution control facility committee (hereinafter "PCF committee") to conduct the public hearing for that application to be made up of five (5) city council members. These appointments shall be confirmed by the full city council of the city within thirty five (35) days of the receipt of each application. During the course of the public hearing, at least one member of the PCF committee shall be present at each session. If no hearing officer is appointed for the public hearing, as provided hereinbelow, one member of the PCF committee shall be chosen by the committee members to preside over the public hearing, and must attend any and all hearings conducted on the application.
B. The mayor shall appoint a hearing officer for the public hearing on the application. If appointed, the hearing officer shall preside over the public hearing, and shall make decisions concerning the admission of evidence and the manner in which the hearing is conducted. The hearing officer shall have expertise in the field of pollution control facilities. The hearing officer shall make all rulings in accordance with fundamental fairness and statutory and constitutional requirements. The hearing officer may be requested by the PCF committee to prepare a statement of findings at the conclusion of the public hearing and following the submittal of additional comments for the thirty (30) day period following the public hearing.
C. Within forty five (45) days of the receipt of the application, the PCF committee shall meet and schedule the date(s), location and time for the public hearing. The public hearing shall be scheduled by the PCF committee to be conducted at a location which is reasonably expected to be large enough to accommodate the number of persons anticipated to attend.
D. Within sixty (60) days of the receipt of the application, the city clerk shall notify the applicant, in writing, of scheduled public hearing date(s), location and time.
E. Within sixty five (65) days of the receipt of the application, the applicant shall publish notice of public hearing, date(s), location and time, in a local newspaper(s) and notify, by certified mail, all members of the district general assembly in which the proposed facility is located.
F. No sooner than ninety (90) days, but no longer than one hundred twenty (120) days, from the date of receipt of the application, the PCF committee shall commence public hearings which are adequate to establish the facts in the case, provided that said hearing shall be conducted within the required time periods. All public hearings shall be conducted as follows:
1. A pretrial conference hearing shall be held not less than three (3) days prior to the date established for commencement of the hearing. At that time, the applicant, the city and any other participants of record shall participate in such preconference hearing. The PCF committee shall establish the date, time and manner in which such prehearing conference shall be conducted. The prehearing conference may (at the discretion of the committee) be conducted either in person or by teleconference. The purpose of the preconference hearing shall include (but not necessarily be limited to) the following: a) determination of the criterion which will be placed in issue by any of the parties to the hearing, b) to the extent necessary and practicable, address any prehearing issues which may have arisen, and c) address any prehearing motion which has been filed or any motions which will be presented on the first day of the hearing prior to the commencement of evidentiary testimony.
2. All persons desiring to be formal participants in the hearing, including members of the public, shall file their written appearance with the city clerk not less than seven (7) business days prior to the date scheduled for commencement of the hearing on the application, with copies of such appearance being provided by the participant to the applicant, the city, and any other participants of record. Any person so appearing at such public hearing shall have the right to present testimony and witnesses. Any such person shall have the right to be represented by an attorney at said public hearing. Opportunity for any persons appearing at said public hearing to cross examine any witness may be reasonably limited in time and duration by the hearing officer, to assure completion of the hearings in accordance with the deadlines of the act. The hearing officer may propound questions to any witness or to the applicant to clarify the record established by the participants at the hearing or to bring out relevant information. If the city is not the applicant, the city shall be deemed a participant and a party to all proceedings, and shall proceed last with its case and cross examination.
3. The applicant and the city's counsel shall be allowed to cross examine witnesses by right, subject to such reasonable limitation as may be set by the hearing officer. Cross examination by the city shall not be limited to matters contained in the application. Parties represented by attorneys may be allowed to cross examine in the discretion of the hearing officer. Other persons shall be allowed to submit questions to the hearing officer, who shall exercise discretion in the manner in which such questions are to be posed to witnesses. Sufficient examination of witnesses is to be allowed so as to provide for fundamental fairness.
4. All witnesses shall testify under oath. Testimony may include the use of prepared statements and exhibits. If testimony is by prepared statement, copies of such prepared statements shall be made available at the hearings (or, prior to the first hearing date, at the office of the city clerk) at least one day in advance of such testimony being given. All witnesses shall be subject to reasonable examination as follows: direct, cross examination, redirect and recross.
5. The hearing officer may exercise discretion to allow public comment at each hearing or may set one time for public comment.
6. Verbal recording shall be made of the public hearing and a written verbatim transcript prepared by a certified court reporter or a certified shorthand reporter shall be made available, at cost, upon request. Written transcripts will be provided to all city council members, the city attorney, and outside counsel retained by the city to represent its interests during the siting process.
7. Applicant shall submit proof of notification of the public hearing as required in 415 Illinois Compiled Statutes 5/39.2, and the procedures included in subsection E of this section.
G. At any time prior to completion by the applicant of the presentation of the applicant's factual evidence and an opportunity for cross examination by the city, PCF committee and any participants, in accordance with the provisions of this chapter, the applicant may file not more than one amended application. In such a case, the time limitation for final action set forth in the environmental protection act, 415 Illinois Compiled Statutes 5/39.2(e), as amended, shall be extended for an additional period of ninety (90) days. The hearing officer shall, in the hearing officer's discretion and to the extent reasonably practicable, permit the city, the applicant and any other formal participant (party) to file proposed findings of fact and conclusion of law.
H. Submission of demonstrative evidence and exhibits: Any exhibits that a participant, other than the applicant, anticipates using during the public hearing shall be submitted to the city at least two (2) days prior to its anticipated use. All participants shall submit at least three (3) copies of all exhibits. The city shall furnish one copy to the applicant. Members of the public who participate in the public comment time held during the public hearing shall submit any exhibits they expect to use to the city prior to the time designated for the public to speak. At least three (3) copies of all such exhibits shall be submitted. The applicant shall be provided one of the three (3) copies. Any additional exhibits to be used by the applicant during the public hearing and not a part of the application shall be submitted at least forty eight (48) hours prior to their anticipated introduction at the public hearing. Any additional exhibit used by the applicant that in any way materially changes the proposed design, location and/or operation of the facility shall be considered an amendment to the application, and all sections of this chapter pertaining to amendments shall take effect. The time limits for submission of evidence may be waived by the member of the PCF committee presiding over the hearing or the hearing officer if he/she determines that the participant could not reasonably have anticipated the use of said exhibit at the time that submission was due.
I. Between one hundred twenty (120) and one hundred sixty (160) days of receipt of the application, transcripts from public hearings shall be forwarded to city council members and the city attorney for review. Upon the conclusion of the public hearing(s), the PCF committee shall publish in a local newspaper notice informing the public of the deadline for written comments. Written comments submitted to the city clerk within thirty (30) days of the final public hearing shall be made a part of the record of proceedings and considered. Copies of all comments received by the city clerk shall be forwarded to all city council members, the applicant and the city attorney. Copies of comments shall be distributed to the city engineer, the director of building, planning and zoning, the hearing officer for the city and other persons upon request. Additional work sessions and meetings may be held by the PCF committee, if necessary, prior to referral of its findings and recommendation to the city council. All work sessions and meetings shall be open to the public, but may not allow public participation in the work sessions and meetings.
J. Upon completion of the public hearing, interested city staff shall have thirty (30) days thereafter in which to file their final reports and recommendations with the PCF committee. Copies of the final reports shall be available for public inspection in the office of the city clerk for three (3) working days prior to the PCF committee decision. Members of the public shall be allowed to obtain a copy of said documents upon payment of the cost of reproduction.
K. Decisions:
1. If the hearing officer has been requested by the PCF committee to make findings and recommendation, the hearing officer shall reduce same to writing and submit it to the PCF committee.
2. The PCF committee may, if it has received findings and recommendation from the hearing officer, adopt same as the findings and recommendation of the PCF committee. If the PCF committee has not received findings and recommendation from the hearing officer, or if it chooses not to adopt the findings and recommendation of the hearing officer, then the PCF committee shall prepare its own findings and recommendation and submit same to the city council for its decision as to the ultimate approval or disapproval of the proposed application.
3. The city council shall make a decision based upon the record from the public hearing and review of the findings and recommendation of the PCF committee. The decision of the city council shall be by duly adopted resolution, in writing, specifying the reasons for the decision, such reasons to be in conformity with section 39.2(a) of the act. In granting site location approval, the city council may impose such conditions as may be reasonable and necessary to accomplish the purposes of the act, to the extent that said conditions are not inconsistent with the act and the regulations promulgated by the Illinois pollution control board. Such decision shall be available for public inspection at the office of the city clerk, and may be copied upon payment of the cost of reproduction. If there is no final action by the city council within one hundred eighty 180 days (or 270 days if an amended application has been filed) after the filing of the application for site location approval, the applicant may deem the application approved.
4. Within seven (7) days after the city council approves or denies the application, the decision, and basis for the decision, shall be provided to the applicant in writing, and shall be further forwarded to the Illinois environmental protection agency by the city clerk.
5. Under the requirement of 415 Illinois Compiled Statutes 5/40.1, within thirty five (35) days after the city council approves or denies the application, any appeal of the city council decision (by applicant, objector, public or anyone affected by the proposal) must be filed with the Illinois pollution control board.
6. An applicant may not file an application for site location approval which is substantially the same as a request which was disapproved, pursuant to a finding against the applicant under any criteria of section 39.2(a) of the act, within two (2) years of the time of the disapproval. (Ord. 2005-49, 10-24-2005)
8-8-1: GENERAL WATERING RESTRICTIONS:
A. Residential Watering: The following watering and sprinkling restrictions shall apply throughout the year:
Residential watering of lawns, with other than handheld watering devices, shall be restricted to the hours of five o'clock (5:00) P.M. to nine o'clock (9:00) P.M. (prevailing time). Such watering shall also be restricted to odd numbered calendar days for residences with odd numbered street addresses and even numbered calendar days for residences with even numbered street addresses. It is the intent of this subsection to prohibit the continuous watering of lawns, except during the authorized hours, using automatic watering devices or stationary water sprinklers.
B. Office/Business/Industrial Watering: The following watering and sprinkling restrictions shall apply throughout the year:
Office, business, and industrial watering of lawns shall be restricted to the hours of five o'clock (5:00) A.M. to nine o'clock (9:00) A.M. (prevailing time). Such watering shall also be restricted to odd numbered calendar days for businesses with odd numbered street addresses and even numbered calendar days for businesses with even numbered street addresses. These restrictions shall not apply to any person or entity normally engaged in the business of growing or selling plant materials to the extent necessary to maintain such business inventory. It is the intent of this subsection to prohibit the continuous watering of lawns, except during the authorized hours, using automatic watering devices or stationary water sprinklers. (Ord. 2006-29, 4-24-2006)
8-8-2: SOD LAYING AND LAWN SEEDING:
Except for erosion control as approved by the city engineer, sod laying, lawn seeding, and planting of landscaping is prohibited from July 1 through August 31 of each year. In the absence of any additional watering restrictions imposed by the city, the following watering restrictions, for new sod, seeding or landscaping shall apply:
A. On the day new sod or seed is planted, watering is allowed for up to eight (8) hours.
B. For the next nine (9) days, watering is allowed every day from six o'clock (6:00) A.M. until ten o'clock (10:00) A.M. and from six o'clock (6:00) P.M. until ten o'clock (10:00) P.M.
C. After the first ten (10) days, the even/odd watering restrictions imposed by section 8-8-1 of this chapter shall apply.
Sod laying, lawn seeding, and the planting of landscaping may be prohibited or restricted by resolution of the city council, based upon the recommendation of the mayor and/or the director of public works, as set forth in section 8-8-3 of this chapter. (Ord. 2006-29, 4-24-2006)
8-8-3: EMERGENCY WATER CONSERVATION RESTRICTIONS:
A. The city council may impose mandatory water conservation measures by passage of a resolution stating that a water emergency exists in the city. In the event of an emergency, immediately upon passage of such a resolution, the restrictions imposed by this chapter shall apply.
B. In the absence of a council resolution and whenever the water supply of the city is diminished, from any cause whatsoever, to an amount which in the opinion of the mayor, in consultation with the director of public works and/or the city engineer and/or the chairman of the streets and utilities committee, is or is likely to become dangerous to the health and safety of the public, the mayor is hereby authorized and empowered to issue a proclamation in the form of a public notice containing regulations on the use of water from the city water distribution system. Such regulations may provide for the limited usage of water, limitations on days and hours of use from some or all purposes, and the prohibition of specified uses. Upon issuing said proclamation, the mayor shall make the contents thereof known to the public by news release to the local newspapers and radio media and may also notify the citizens in any other practical manner that shall be devised. Further, the mayor shall immediately notify all members of the city council of the nature of the emergency and the regulations that have been imposed.
C. The emergency proclamation of the mayor shall remain in full force and effect until either of the following shall occur:
1. The mayor determines that the emergency no longer exists and that the emergency proclamation, and the regulations imposed thereby, shall no longer continue in effect.
2. The city council modifies, repeals or makes permanent the emergency proclamation, and the regulations imposed thereby, by means of a resolution passed at any regular or special meeting of the city council.
D. City employees, at the direction of the director of public works, shall notify and warn any person of the effect of said proclamation and direct said person to comply with said watering or sprinkling restrictions. If any said person after having first been warned about said restrictions and said proclamation, shall continue to violate said restrictions of the proclamation, they shall be deemed to be in violation of this chapter.
E. The following restrictions (in addition to any additional restrictions which may be imposed) shall apply during any period in which emergency water conservation restrictions are imposed:
1. Residential watering of trees, flowers, shrubs, gardens, or other vegetation by the use of handheld watering devices shall be restricted to the hours of five o'clock (5:00) P.M. to nine o'clock (9:00) P.M. (prevailing time). Such watering shall also be restricted to odd numbered calendar days for residences with odd numbered street addresses and even numbered calendar days for residences with even numbered street addresses.
2. Office, business, and industrial watering of trees, flowers, shrubs, gardens, or other vegetation shall be restricted to the hours of five o'clock (5:00) A.M. to nine o'clock (9:00) A.M. (prevailing time). Such watering shall also be restricted to odd numbered calendar days for businesses with odd numbered street addresses and even numbered calendar days for businesses with even numbered street addresses. These restrictions shall not apply to any person or entity normally engaged in the business of growing or selling plant materials to the extent necessary to maintain such business inventory.
3. No water shall be used to wash automobiles, except at places of business where autos are normally washed, either with attendants, automatic equipment or by self-service. No swimming pools shall be filled, except for children's wading pools of fifty (50) gallon capacity or less. (Ord. 2006-29, 4-24-2006)
8-8-4: ACTIVITIES GENERALLY PERMITTED:
Unless additional restrictions are imposed by resolution of the city council or order of the director of public works:
A. There shall be no restrictions as to hours or days when water from the city water distribution system may be used for:
1. Watering or sprinkling of gardens, trees, shrubs or other outdoor plants where such watering or sprinkling is done by a person using a handheld watering device;
2. Filling swimming pools with a volume of fifty (50) gallons or less; or
3. The automatic watering of trees and shrubs by means of root feeders within the drip line of the tree or shrub. The "drip line" of a tree or shrub is defined as the ground area immediately beneath the branches of the tree or shrub.
4. The restrictions set forth above shall not apply as to any other lawful use of water from the city water distribution system such as bathing, washing, etc. (Ord. 2006-29, 4-24-2006)
8-8-5: HARDSHIPS:
Upon written application, the director of public works may issue temporary permits, which allow watering that would otherwise be in violation of the above restrictions, or other restrictions imposed by this chapter, if in the director's opinion strict compliance would impose undue hardship on the applicant. Said permits shall be limited to ten (10) days' duration and shall only allow such watering as required to relieve undue hardship. (Ord. 2006-29, 4-24-2006)
8-8-6: NOTICE TO PURCHASERS:
Prior to selling any newly constructed property, the builder or owner must inform prospective purchaser of the watering and sod laying and lawn seeding restrictions imposed by this chapter and attach a copy of this chapter to the contract. Prospective purchasers must sign a statement that they have been informed of the lawn installation restrictions and have received a copy of this chapter. (Ord. 2006-29, 4-24-2006)
8-8-7: EMERGENCY CANCELED:
Emergency restrictions imposed by this chapter shall cease to be in effect immediately after the city council passes a resolution stating that the water emergency no longer exists. (Ord. 2006-29, 4-24-2006)
8-8-8: PENALTIES:
Unless another penalty is expressly provided by law, the fine schedule for violating this chapter shall be as follows:
First offense | $ 50.00 |
Second offense | 100.00 |
Third offense | 250.00 |
A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.
The city shall use its best efforts to inform residents and businesses of the imposition of emergency water conservation measures, however failure to receive notification shall not constitute a defense or excuse for violation of this chapter. (Ord. 2006-29, 4-24-2006)
8-9-1: PURPOSE:
In order to promote the health, safety and enhance the beauty and general welfare of city of Plano, Illinois, it is hereby declared to be the policy of the city to plant, maintain, protect, preserve and to regulate the planting, maintaining, protecting and preserving of public trees and landscaping; to eliminate dangerous conditions caused by trees and shrubs that may result in injuries to persons or property; and to protect all trees within the city against the spread of disease or pests. This chapter shall be known as and may be cited as and referred to as the TREE MAINTENANCE ORDINANCE. (Ord. 2008-43, 9-8-2008)
8-9-2: DEFINITIONS:
For the purpose of this chapter the following words and terms have the following meanings:
PUBLIC TREE: A tree or shrub planted or maintained, or both, by the city on an easement, planting easement, street, city park or public premises.
STREET: Includes the right of way width of any city maintained street, avenue, boulevard, line, walk, road, parkway, alley, or other right of way for highway purposes.
STREET OR PARKWAY TREE: Any tree whose trunk is wholly or partially located within a city street right of way or planting easement. A "street tree" or a "parkway tree" is always a public tree; "tree" includes shrub. (Ord. 2008-43, 9-8-2008)
8-9-3: TREES AND SHRUBS; DUTIES OF OWNERS:
A. No property owner shall permit any bushes, shrubs or plants located within the following vision triangle formed by intersecting streets to grow to a height of more than three feet (3') from the surface of the roadway, or in the case of a tree, shall be pruned from the base of the tree to a minimum height of seven feet (7'), in order that the view of the driver of a vehicle approaching the street intersection shall not be obstructed.
B. At any intersection the sides of the vision triangle formed by the centerlines of the intersecting streets shall be sixty feet (60') in length as measured outward from the point of intersection of said centerlines along such centerlines.
C. Bushes, shrubs or plants planted along a city sidewalk shall be regularly pruned perpendicular to the edge of said sidewalk such that the full width of the sidewalk is not diminished.
D. Every property owner shall remove all dead or dangerous trees on his or her property. If the director of building, planning and zoning determines that any tree growing on private property within the city is afflicted with a dangerous insect, infestation, disease, or condition, which threatens other trees or the public health, safety, or welfare, said tree is hereby declared a public nuisance, and the director shall immediately notify the owner, describing the tree or trees, their location, the nature of the problem, and the corrective measures required to be taken. These measures may include pruning, treatment, or destruction of the affected tree or trees as necessary.
E. No property owner shall undertake the pruning or removal of any branch or tree exceeding eight inches (8") in diameter without contracting for the work with a licensed arborist or firm normally engaged in the occupation of pruning, treating, or removing trees. Said firm shall be licensed with the city of Plano, and shall present a current certificate of liability insurance in the minimum amount of three hundred thousand dollars ($300,000.00) for bodily injury and one hundred thousand dollars ($100,000.00) for property damage, when applying for and renewing their business license.
F. If any property owner does not comply with this section, the director may issue corrective orders as provided by subsection D of this section. Should the property owner fail to comply with this order, the city may perform the necessary work. The cost of the work may be collected by suit or any other manner provided by law. (Ord. 2010-22, 10-25-2010)
8-9-4: TREES AND SHRUBS; PUBLIC AREAS:
Due to the potential interference with public utilities, no person shall plant trees, bushes, shrubs or other plants in the public right of way without written permission of the director of public works. Ownership of such trees, bushes, shrubs, or other plants located in the public right of way shall remain with the city. All plantings shall conform to the approved tree list. (Ord. 2008-43, 9-8-2008)
8-9-5: PROHIBITED ACTS:
A. Unless written permission is given by the director of building, planning, and zoning no person shall do any of the following in any public area, including, but not limited to, parkways, medians, and parks:
1. Tear down, destroy, or damage any public tree, shrub or plant.
2. Remove any guard, stake or other device or materials intended for the protection of a public tree or close or obstruct any open space about the base of a public tree designed to permit access of air, water and fertilizer.
3. Fasten any sign, card, poster, wire, rope or other material to, around, or through any tree or its guard, except in emergencies such as storms or accidents, and except for any nursery tag identifying its species or care.
4. Permit any fire to burn where such fire will injure any portion of any tree or shrub.
5. Permit any toxic chemical to seep, drain or to be emptied on or about any tree or shrub.
6. Deposit, store, place or maintain on any street, highway, or other public place, any stone, brick, sand, concrete, or other material which may impede free passage of water, air or fertilizer to the roots of any tree or shrub.
7. Fail to report, repair or stop any leak existing or occurring in any gas or water pipe or main within a radius of forty feet (40') of any public tree.
8. Allow excavations or driveways to be placed within five feet (5') of any public tree. Any person making such excavations or construction shall guard any tree within six feet (6') of the excavation or construction with a substantial frame box approved by the director of public works or director of building, planning and zoning. All building materials or debris shall be kept at least four feet (4') from any tree.
B. It is prohibited for property owners to undertake, or allow, pruning or removal of a tree on private property in violation of subsection 8-9-3E of this chapter.
C. It is prohibited to contract for, or offer the service of, the pruning or removal of a tree on private property in violation of subsection 8-9-3E of this chapter. (Ord. 2008-43, 9-8-2008)
8-9-6: COMPENSATION FOR TREES DESTROYED OR DAMAGED:
Any person destroying or causing damage to any tree in any public area shall be responsible for the cost of repair or replacement of the destroyed or damaged tree, which cost may be imposed as a condition of restitution in a civil infraction proceeding, or which may be collected by suit or any other legal means. (Ord. 2008-43, 9-8-2008)
8-9-7: ENFORCEMENT:
The department of building, planning, and zoning, as a part of its duties to enforce the property maintenance code, is charged with the responsibility of enforcing the provisions of this chapter. No oversight or dereliction on the part of city employees or official of the city vested with the duty or authority to issue permits, conduct investigations and enforce the provisions herein shall legalize, authorize, waive, or excuse any violation of any of the provisions of this chapter.
The director of building, planning, and zoning or his authorized representatives may upon the presentation of his credentials go upon any premises at any reasonable time for the investigation and inspection of any tree which is suspected to be in violation of this chapter. (Ord. 2008-43, 9-8-2008)
8-9-8: LIEN FOR UNPAID CHARGES; COLLECTION:
A. Charges incurred by the city for the abatement of any violations under this chapter shall be a lien upon the real estate upon or for which such charges were incurred by the city, whenever a bill for such charges remains unpaid for more than thirty (30) days after it has been rendered.
B. A lien is created under the preceding sentence only if the city sends to the owner or owners of record of the real estate, as referenced by the taxpayer's identification number (permanent index number): 1) a copy of each delinquency notice sent to the person or persons who is or are delinquent in paying the charges, or other notice sufficient to inform the owner or owners of record, as referenced by the taxpayer's identification number (permanent index number), that the charges have become delinquent and 2) a notice that unpaid charges may create a lien on the real estate under this section.
C. However, the city has no preference over the rights of any purchaser, mortgagee, judgment creditor, or other lienholder arising prior to the filing of the notice of such lien in the office of the recorder of deeds of Kendall County, Illinois.
D. The notice required by this section shall consist of a sworn statement setting out: 1) a description of such real estate sufficient for the identification thereof, 2) the amount of money due for such service/charges, and 3) the date when such amount became delinquent.
The city shall also send a copy of the notice of the lien to the owner or owners of record of the real estate, as referenced by the taxpayer's identification number (permanent index number). The city shall have the power to foreclose this lien in the same manner and with the same effect as in the foreclosure of mortgages on real estate.
E. The city shall also have the power, from time to time, to sue the owner or owners of the real estate in a civil action to recover the money due for the services and charges rendered, plus court costs. Whenever a judgment is entered in such a civil action, the foregoing provisions in this section with respect to filing sworn statements of such delinquencies in the office of the recorder and creating a lien against the real estate shall not be effective thereafter as to charges sued upon and no lien shall exist thereafter against the real estate for the delinquency. Judgment in such a civil action operates as a release and waiver of the lien for the amount of the judgment. (Ord. 2008-43, 9-8-2008)
8-10-1: PURPOSE:
The city is desirous of protecting the health, safety and welfare of the public by protecting the water quality in the lakes, rivers, and streams in the city's environs. The city has found that there is a biological link between the concentration of phosphorous in surface water runoff and the biological health of lakes, rivers, and streams. An increase in the phosphorus concentration in surface water runoff results in an increase in the rate of growth and volume of undesirable biological growth in lakes, rivers, and streams. A significant source of phosphorus content in surface water runoff is fertilizer used in residential and commercial applications. Accordingly, the city desires to regulate the use of phosphorus-containing fertilizer so as to limit the concentration of phosphorous in the city's lakes, rivers, and streams and by so doing, to increase the beneficial effects of said lakes, rivers, and streams on the public's health, safety, and welfare. (Ord. 2008-45, 9-22-2008)
8-10-2: DEFINITIONS:
COMMERCIAL APPLICATOR: A person who is engaged in the business of applying fertilizer for hire.
FERTILIZER: A substance containing nitrogen, phosphorus, potash, or any other recognized plant nutrient element or compound which is used primarily for its plant nutrient content. Fertilizer shall not include the following natural products: agricultural limestone, marl, sea solids and unprocessed animal manure, which have not been manipulated so as to alter or change them chemically, burnt or hydrated lime, and sewage sludge produced by any sanitary district, and shall not be subject to the provisions of this chapter.
NONCOMMERCIAL APPLICATOR: A person who applies fertilizer but who is not a commercial applicator. (Ord. 2008-45, 9-22-2008)
8-10-3: PROHIBITION:
No commercial or noncommercial applicator, including homeowners and renters, shall apply to any area within the city of Plano any fertilizer, liquid or granular, which contains any amount of phosphorous or other compound containing phosphorus, such as phosphate, except:
A. The naturally occurring phosphorus in unadulterated natural or organic fertilizing products such as yard waste compost, or
B. As otherwise provided in section 8-10-5 of this chapter. (Ord. 2008-45, 9-22-2008)
8-10-4: IMPERVIOUS SURFACES, DRAINAGEWAYS AND BUFFER ZONES:
No commercial or noncommercial applicator shall apply any fertilizer to:
A. Impervious surfaces;
B. Areas within drainage ditches;
C. Waterways or within ten feet (10') thereof; and
D. Any delineated wetland and any area established as a natural buffer zone. (Ord. 2008-45, 9-22-2008)
8-10-5: EXEMPTIONS:
The following are exemptions to the prohibitions described in this chapter:
A. The prohibition against the use of fertilizer containing phosphorus shall not apply to turf and lawn areas for which soil tests confirm the ambient phosphorus content is below median phosphorus levels for typical area soils. The scope of this exemption shall only be for such volume or concentration of phosphorus necessary to permit such turf or lawn area to contain phosphorus levels equal to the median phosphorus levels for typical area soils. Phosphorus applied as fertilizer pursuant to this exemption shall be integrated into the soil where it is immobilized and generally protected from loss by stormwater runoff.
B. The prohibition contained in section 8-10-3 of this chapter shall not apply to any farming or agricultural business, provided the use of fertilizers is related to growth of a product or maintenance of growing fields. Appropriate steps shall be taken to integrate the fertilizer into the soil where it is immobilized and generally protected from loss by stormwater runoff. This exemption shall not apply to the standard lawn area of said farm or agricultural business. (Ord. 2008-45, 9-22-2008)
8-10-6: SIGNS:
Any person, corporation, or partnership which sells any fertilizer at retail shall be required to post a sign at the point of sale for fertilizer containing the following legend:
The city of Plano prohibits the application of fertilizer containing phosphorus to any lawn or turf area and any impervious surface, drainageway, wetland, or buffer zone.
Such sign shall have an area of not less than 93.5 square inches and shall be conspicuously posted no less than four feet (4') above the ground or floor level. (Ord. 2008-45, 9-22-2008)
8-10-7: ENFORCEMENT:
A. The provisions of this chapter shall be enforced by the chief of police and the director of building, planning, and zoning, or other city officer charged with the enforcement of city ordinances.
B. Any person, corporation, firm, franchise or other entity found to violate this chapter shall be liable for penalties equal to not less than two hundred fifty dollars ($250.00) and not more than seven hundred fifty dollars ($750.00) per violation. (Ord. 2008-45, 9-22-2008)
8-11-1: DEFINITIONS:
ALARM SYSTEM: An assembly of equipment and devices (or a single device such as a solid state unit which plugs directly into a 110 volt AC line) arranged to signal the presence of a hazard requiring urgent attention and to which the police department may be expected to respond. The term alarm system shall include alarm systems that signal a robbery or burglary or attempted robbery or attempted burglary and smoke alarms and fire alarms and similar detection devices, but excludes automobile alarms.
ALARM USER: Any person on whose premises an alarm system is maintained within the city, except for proprietary systems. If such a system, however, employs an audible signal emitting sounds or a flashing light or beacon designed to signal persons outside the premises, such system shall be within the definition of "alarm system", and shall be subject to this chapter.
FALSE ALARM: The activation of an alarm system through mechanical failure, malfunction, improper installation, or the negligence of the owner or lessee of an alarm system or of his employees or agents, excluding force majeure, such as natural disasters or power outages.
SUBSCRIBER: A person who buys and/or leases or otherwise obtains an alarm signaling system and thereafter contracts with or hires an alarm business to monitor and/or service the alarm device. (Ord. 2009-37, 12-14-2009)
8-11-2: FALSE ALARMS; RESPONSE CHARGES:
A. Charges: When the police department responds to false alarms received from the same premises more than three (3) times in a twelve (12) month period of a calendar year (January through December), the alarm user or subscriber shall pay the city the following amount within thirty (30) days after receiving notification of the fourth false alarm:
1. Four (4) to nine (9) responses occurring in a calendar year: Fifty dollars ($50.00) each.
2. Ten (10) to nineteen (19) responses occurring in a calendar year: One hundred dollars ($100.00) each.
3. Twenty (20) or more responses occurring in a calendar year: Two hundred fifty dollars ($250.00) each.
B. Late Payment: If payment is not received within the thirty (30) day period, as provided above, the charge for such response shall be increased to double the amount of the initial response charge.
C. Exempt Properties: Properties occupied by governmental entities, including, but not limited to, school buildings, county buildings, and other taxing bodies shall be exempt from this chapter. Furthermore, all churches, rectories, and parsonages shall be exempt from this chapter. (Ord. 2009-37, 12-14-2009)
8-12-1: SCOPE:
The rules and regulations contained in this chapter are intended to ensure the use and enjoyment of all city park facilities. It is the intention of the city council that not only will this chapter be enforced but that all appropriate provisions of state criminal law, especially those related to the use of drugs, liquor, or weapons, be enforced by the city police. This chapter is in no way intended to take the place of provisions of state, municipal, or county law otherwise intended to ensure the safety and good conduct of any person making use of city park facilities. (Ord. 2009-28, 9-28-2009)
8-12-2: PUBLIC'S RESPONSIBILITY TO BE INFORMED:
It is the public's responsibility to be aware of all park rules and regulations that may or may not be posted in the parks or at the nature trails. Specific prohibited activities, park hours, and other rules and regulations which are referred to in this chapter are printed and are available for inspection at the city offices or recreation offices. (Ord. 2009-28, 9-28-2009)
8-12-3: OTHER AGENCIES' AUTHORITY TO ENFORCE:
All law enforcement agencies which have concurrent jurisdiction or whose corporate limits fall within the boundaries of the city, and which have entered into an intergovernmental agreement with the city shall consent to have the city exercise full power and authority to act in enforcing the provisions of this chapter. (Ord. 2009-28, 9-28-2009)
8-12-4: DAMAGE TO PROPERTY:
A. Trees, Bushes: No person shall cut, pick, mutilate, or in any other way harm any tree, bush, shrub, wildflower or other natural formation on city park property.
B. Benches, Signs, And Buildings: No person shall deface or destroy any bench, sign, building or any other property under the control of the city.
C. Vehicles, Animals Damaging Property: No person shall drive any motor vehicle or motorized vehicle as defined in the Illinois vehicle code, bicycle, horse, or similar animal, on city property in such a manner to destroy or damage city park property.
D. Fires Restricted: No person shall build a fire of wood, charcoal or other material on the ground or any other place except as specifically designated by the city for such purpose and any fire of legal nature shall not be unduly large or dangerous to surroundings.
E. Digging For Artifacts Prohibited: Digging for artifacts or other purposes will be prohibited in all city parks unless permission is given by the Plano city council. (Ord. 2009-28, 9-28-2009)
8-12-5: CRIMINAL ACTS PROHIBITED:
No person shall commit any criminal act on city park property as prohibited in the criminal code of the state of Illinois as set forth in 720 Illinois Compiled Statutes 5/1-1 et seq., and 625 Illinois Compiled Statutes 5/1-100 et seq. (Ord. 2010-3, 1-25-2010)
8-12-6: HOURS:
A. City Park Use: Parks shall be open to the public every day of the year during designated hours; with the exception of the city park (Klatt), which is closed during the winter. Hours for park use shall be from dawn until dusk unless otherwise posted.
B. Temporary Closures: Any section or part of any park may be declared closed to the public by the city, at any time and for any interval of time, either temporarily or at regular intervals and stated intervals (daily or otherwise) and entirely or for merely certain uses as the city shall find necessary.
C. Leaving Park Property When Closed: No person shall remain on city park property at a time when it is not open to the public, except where otherwise authorized. (Ord. 2009-28, 9-28-2009)
8-12-7: ALCOHOLIC BEVERAGES AND CONTROLLED SUBSTANCES PROHIBITED:
A. Transporting Alcohol In Vehicle: No person shall possess, consume, or transport in a vehicle any alcoholic beverage on city park property as set out in the city ordinances.
B. Designated Areas Excepted: A special exception from this section is granted in designated areas of city park property on authorization of the city for special events. All rules and regulations applicable to those designated areas must be abided by as set forth therein.
C. Intoxicated Persons: No person shall enter or remain on city park property in an intoxicated condition.
D. Persons Under The Influence Of Drugs: No person shall use, possess or be under the influence of any substance, as defined in the controlled substance act or cannabis, as defined in the cannabis control act while on city park property. (Ord. 2009-28, 9-28-2009)
8-12-8: RESTRICTIONS TO VEHICLE PARKING:
A. Public Nuisance; Towing Away: Any vehicle parked or standing on city park property in violation of any law, ordinance, or rule is hereby declared to be a public nuisance. Such vehicle may be removed and the owner or person entitled to possession of the vehicle shall be liable for all towing, storage and other charges arising out of any action taken hereunder.
B. Parking On Sod Or Dirt: No person shall park or drive any vehicle on city park property on any area covered by sod, dirt or other areas not designed for such traffic or usage unless permitted to do so by the director of public works or city police department without a written permit from the city.
C. Posted Areas: No person shall drive or park any vehicle in any area which is posted to prohibit or restrict such.
D. Vehicles Obstructing Traffic Or Boat Landings: No vehicle may be left unattended on any roadway on city park property or obstruct a boat landing or traffic.
E. Handicapped Parking Areas: No person shall park a vehicle on city park property in a handicapped reserved space unless such vehicle is clearly marked by a handicap sign or license plate duly issued by the state or local government body.
F. Prohibited Parking Areas: No person shall park any vehicle adjacent to a curb painted yellow which shall constitute a prohibited parking area.
G. Vehicles Or Animals On Sidewalks: No person shall drive a vehicle or ride an animal on any sidewalk on city park property.
H. Registered Owner Responsible For Fine: It shall be the responsibility of the registered owner of any vehicle parked in violation of this section to comply with the payment of the prescribed fines, and it shall not be an affirmative defense that the vehicle was not under his/her control at the time of violation.
I. Current Use Of Facilities: No person shall allow a vehicle to be parked on city park property while the operator or occupants are not currently using the facilities of the city or participating in its programs, or during the hours the facility is closed to the public.
J. Bicycle Parking: No bicycles shall park on sidewalks, gazebos, or play areas designated for park users. Wherever possible, bicycles shall be parked in designated areas such as: parking lots, bicycle racks, or other posted areas. (Ord. 2009-28, 9-28-2009)
8-12-9: TRESPASS TO LAND:
A. Swimming; Walking On Frozen Waters: No person shall wade or swim within any waters, or walk on frozen waters under the control of the city where such activity is prohibited.
B. Tents, Permit Required: No person shall set a tent on city park property without permission of the city in the form of a written permit from the city. (Ord. 2009-28, 9-28-2009)
C. Special Use Areas: No person shall enter or remain in an activity or special use area sponsored or provided by the city where a preregistration, application, admission fee or membership in an organization is required, without first complying with the preregistration, application, admission fee or membership requirements. (Ord. 2010-3, 1-25-2010)
D. Climbing Walls Or Fences: No person shall climb, walk or sit upon any sign, wall or fence under the control of the city, nor shall any person go upon any grass plot or any portion of any city park property where, by any sign or notice, persons are prohibited from going.
E. Sleeping In Park: No person shall make use of any city park property as a place to sleep.
F. Loitering:
1. No person or persons shall loiter in a special use area facility and not participate in the program or use of the facility as offered by the city.
2. No person or persons shall loiter in the city park parking lots. (Ord. 2009-28, 9-28-2009)
8-12-10: DISORDERLY CONDUCT:
A. False Alarms: No person shall transmit a call to a park official of a fire or police emergency knowing such call is in fact false. Filing a false fire or police report is prohibited.
B. Lewd Conduct: No person or persons shall engage in the lewd fondling of self or others or engage in sexual intercourse or deviant sexual conduct on city park property, or be in violation of indecent exposure.
C. Disorderly Conduct Or Behavior: No person on city park property shall engage in loud, boisterous, threatening, abusive, insulting, or indecent language, or engage in any disorderly conduct or behavior tending to disturb public peace.
D. Breach Of The Peace: No person shall act in such a manner as to cause alarm to another or provoke a breach of the peace on city park property.
E. Hindering Park Or City Officials: No person shall cause a disturbance, hinder, intimidate or obstruct a park official or city official engaged in his or her official duties. No such person nor one engaged in illegal activities shall remain on city park property after being instructed to leave by a park or city official.
F. Gang Activities: No person or persons, shall enter, gather, or loiter on city park property while wearing known gang colors, emblems or other gang insignia or communicate gang related messages through the use of hand signals or other means of communication while on city park property.
G. Begging: No person shall use city park property as a place to panhandle or beg for money.
H. Obstructing Pedestrians Or Vehicles: No person or persons shall loiter in the parks in such a manner as to obstruct pedestrian or vehicle movement.
I. Skating, Rollerblading, Bicycling:
1. No rollerskating, rollerblading, skateboarding, or bicycling shall be allowed on park equipment, nor in any areas prohibited by the city of Plano, including, but not limited to, basketball and tennis courts and gazebos.
2. Any person using roller skates, rollerblades, skateboards or bicycling shall relinquish right of way to all other pedestrians.
J. Bullying: Bullying is prohibited in all city parks.
K. Equipment: Some of the city park equipment is age restricted. The enforcement will be at the discretion of city official or police officers. (Ord. 2009-28, 9-28-2009)
8-12-11: LITTER:
A. Use Of Receptacles: No person shall discard any paper, bottles, cans or other form of rubbish on city park grounds except in receptacles provided for such purpose.
B. Abandonment Of Vehicles, Used Property: No person shall abandon or unload any used property or vehicles on city park property.
C. Disposing Of Garbage, Yard Waste: No person shall bring any household garbage, yard waste, building materials, trash, rubbish or other matter onto city park property or leased lands and leave such with the intent of disposing of it. (Ord. 2009-28, 9-28-2009)
8-12-12: PARENTAL RESPONSIBILITY:
A. Definitions: Definitions as used in this chapter, shall be as follows. Unless the context otherwise requires, the terms specified have the meanings ascribed to them.
LEGAL GUARDIAN: A person appointed guardian for, or given custody of, a minor by a court of competent jurisdiction.
MINOR: A person who has not attained eighteen (18) years of age.
B. Responsibility: The parent or legal guardian of an unemancipated minor residing with such parent or legal guardian shall be presumed, in the absence of evidence to the contrary, to have failed to exercise proper parental responsibility and said minor shall be deemed to have committed the acts described below. Parent or guardian may be responsible for any damage done by minor.
1. An unemancipated minor residing with parent or legal guardian shall either be adjudicated to be in violation of any ordinance, law or statute prohibiting wilful and malicious acts causing injury to a person or property, or shall have incurred nonjudicial sanctions from another official agency resulting from an admission of guilt or violation of any ordinance, law or statute, prohibiting wilful and malicious acts causing injury to a person or property; and
2. Said parent or legal guardian shall have received a written notice thereof, either by certified or registered mail, return receipt requested, or by personal service returned, from the city of Plano police department or Kendall County sheriff, following adjudication or nonjudicial sanction; and
3. If at any time within one year following receipt of the notice set forth in subsection B2 of this section, said minor is either adjudicated to be in violation of any ordinance, law or statute as described in subsection B1 of this section, or shall have incurred nonjudicial sanctions from another official agency resulting from any admission of guilt of violation of any ordinance, law or statute as described in subsection B1 of this section. (Ord. 2009-28, 9-28-2009)
8-12-13: MAKING AND CREATION OF NOISE:
A. All amplified noise shall not be able to be heard beyond seventy five feet (75') from the source. (Ord. 2014-24, 7-14-2014)
B. Any sound amplified electronically or otherwise to a level that can be heard beyond seventy five feet (75') is prohibited unless expressly authorized by the city of Plano. (Ord. 2009-28, 9-28-2009)
8-12-14: RESTROOMS AND WASHROOMS:
No person on city park property shall litter, damage or deface restrooms and washrooms. (Ord. 2009-28, 9-28-2009)
8-12-15: RULES TO BE OBEYED:
No person shall violate or disobey any rule of the city relating to the use and governance of park property. The city may issue such rules and regulations as are necessary to ensure public health and safety in the use and enjoyment of any and all park facilities. (Ord. 2009-28, 9-28-2009)
8-12-16: EJECTION:
Any park official or city official shall have the authority to remove from city park property any person acting in violation of this chapter. (Ord. 2009-28, 9-28-2009)
8-12-17: OFFICIALS:
Park officials and city officials are defined inclusive of the following list:
A. City of Plano police officers.
B. Public works employees.
C. Elected city officials. (Ord. 2009-28, 9-28-2009)
8-12-18: PENALTY:
Any person who violates this chapter shall, upon conviction thereof, be fined not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000.00) for each offense.
A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. (Ord. 2009-28, 9-28-2009)
8-13-1: DEFINITIONS:
For the purposes of this chapter, the following words and phrases shall have these meanings:
ALTERNATIVE NICOTINE PRODUCT: A product or device not consisting of or containing tobacco that provides for the ingestion into the body of nicotine, whether by chewing, smoking, absorbing, dissolving, inhaling, snorting, sniffing, or by any other means. "Alternative nicotine product" excludes cigarettes, smokeless tobacco, or other tobacco products as these terms are defined in this section and any product approved by the United States Food and Drug Administration as a nontobacco product for sale as a tobacco cessation product, as a tobacco dependence product, or for any other medical purposes, and is being marketed and sold solely for that approved purpose.
TOBACCO PRODUCTS: Any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, snuff, chewing tobacco, smokeless tobacco, or tobacco in any of its forms, including "alternative nicotine product" as herein defined.
VENDING MACHINES: Any mechanical or electrical, self-service devices which, upon insertion of money or tokens, dispenses tobacco products. (Ord. 2014-8, 2-24-2014)
8-13-2: LICENSE/REGISTRATION REQUIRED; FEE:
A. License/Registration Required: It shall be unlawful to sell or to offer for sale at retail, to give away, deliver, or to keep with the intention of selling at retail, giving away or delivering, tobacco products within the City without having first obtained a tobacco dealer's license pursuant to this chapter.
B. Additional License: Such license shall be in addition to any other license required by this Code.
C. Application For License: Application for a license hereunder shall be made in writing to the City Clerk and shall be processed according to normal licensing procedures.
D. License/Registration Fee: The annual license/registration fee for a tobacco dealer's license shall be in the sum of fifty dollars ($50.00) per year, payable on July 1 of each year. (Ord. 2010-8, 4-26-2010)
8-13-3: PROHIBITIONS AND REQUIREMENTS:
A. Sale To Underage Persons: It shall be unlawful for any person, including any licensee, to sell, offer for sale, give away or deliver tobacco products to any person under the age of twenty one (21) years.
B. Posting Of Signs: Signs informing the public of the age restrictions provided for herein shall be posted by every licensee at or near every display of tobacco products and on or upon every vending machine which offers tobacco products for sale. Each sign shall be plainly visible and shall state:
THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER TWENTY ONE (21) YEARS OF AGE IS PROHIBITED BY LAW.
The letters of said sign shall be a minimum of one inch (1") high.
C. Employment Of Underage Persons: It shall be unlawful for any licensee or any officer, associate, member, representative, agent or employee of such licensee, to engage, employ or permit any person under sixteen (16) years of age to sell tobacco products in any licensed premises.
D. Purchase By Underage Persons; Misrepresentation Of Age: It shall be unlawful for any person under the age of twenty one (21) years to purchase tobacco products, or to misrepresent their identity or age, or to use any false or altered identification for the purpose of purchasing tobacco products.
E. Possession By Underage Persons: It shall be unlawful for any person under the age of twenty one (21) years to possess any tobacco product; provided, that the possession by a person under the age of twenty one (21) years under the direct supervision of the parent or guardian of such person in the privacy of the parent's or guardian's home shall not be prohibited.
F. Sale Near Church Or School: It shall be unlawful for any person to sell, offer for sale, give away or deliver tobacco products within one hundred feet (100') of any school, childcare facility, or other building used for education or recreational programs for persons under the age of twenty one (21) years.
G. Gift Of Tobacco Products On City, School Or Park Property: It shall be unlawful for any licensee or any person in the business of selling or otherwise distributing, promoting or advertising tobacco products, or any employee or agent of any such licensee or person, in the course of such licensee's or person's business, to distribute, give away or deliver tobacco products free of charge to any person on any right-of-way, park, playground or other property owned by the City, any school district, any park district or any public library.
H. Vending Machines; Locking Device: It shall be unlawful for any licensee to sell or offer for sale, give away, deliver or to keep with the intention of selling, giving away or delivering tobacco products by use of a vending machine, unless such vending machine is equipped with a manual, electric or electronic locking device controlled by the licensee so as to prevent its operation by persons under the age of twenty one (21) years old.
I. Exemption: Any premises where access by persons under the age of twenty one (21) years is prohibited by law or premises where the public is generally not permitted and where vending machines are strictly for the use of employees of business located at such premises shall be exempt from subsection H of this section. (Ord. 2019-17, 7-22-2019)
8-13-4: AGENT AND EMPLOYEE RESPONSIBILITY:
Every act or omission of whatsoever nature, constituting a violation of any of the provisions of this chapter by any officer, director, manager or other agent or employee of any licensee shall be deemed and held to be the act of such licensee; and such licensee shall be punishable in the same manner as if such act or omission had been done or omitted by the licensee personally. (Ord. 2010-8, 4-26-2010)
8-13-5: LICENSE SUSPENSION OR REVOCATION:
A. Determination By Mayor; Hearing:
1. The Mayor shall be charged with the administration of this chapter. The Mayor may suspend or revoke any license issued under the provisions of this chapter, if he determines that the licensee has violated any of the provisions of this chapter. In lieu of suspension or revocation of a license, the Mayor may instead levy a fine not to exceed two hundred dollars ($200.00) for the first offense, four hundred dollars ($400.00) for the second offense in a twelve (12) month period, and six hundred dollars ($600.00) for the third or subsequent offense in any twelve (12) month period. Each day on which a violation continues shall constitute a separate violation. (Ord. 2014-8, 2-24-2014)
2. However, no such license shall be suspended or revoked and no licensee shall be fined except after public hearing in front of the Mayor and City Council. The licensee shall be given not less than seven (7) days written notice of said opportunity to appear and defend against the charges contained in the notice. The seven (7) day notice period shall begin to run the day after delivery of the notice.
3. The Mayor shall, within ten (10) days after the hearing, state the reason for any suspension, revocation or fine, in a written order, together with the amount of the fine, the time of the suspension or that the license has been revoked. A copy of the order shall be served upon the licensee within seven (7) days of the decision.
B. Payment Of Fine: Any licensee determined by the mayor to have violated any of the provisions of this chapter shall pay to the city any fine levied by the mayor within fourteen (14) days of the notice of the order of said mayor setting forth the amount of the fine.
C. Failure To Pay Fine: Failure of any licensee to pay said fine within fourteen (14) days of notice of said order shall be cause for license suspension or revocation. (Ord. 2010-8, 4-26-2010)
8-13-6: USE OF PREMISES AFTER REVOCATION:
When any license shall have been revoked for any reason, no license shall be granted to the licensee for a period of four (4) months thereafter for the conduct of business of selling "tobacco products" as defined in this chapter in the premises described on such revoked license. (Ord. 2010-8, 4-26-2010)
8-14-1: DEFINITION:
"Collection bins for donated items" are defined as any bin, box or container that is accessible to the public and is intended for the collection of items, including, but not limited to, secondhand clothes and toys intended for donation. (Ord. 2016-24, 7-11-2016)
8-14-2: LOCATION:
Donation drop boxes are permitted if located on property in the business or commercial zoning districts or on properties primarily occupied by an educational, religious, governmental or charitable use. The boxes shall only be placed with the property owner's permission and on properties that contain an existing and operating use. No more than two (2) boxes (side by side) are allowed on a zoning lot less than two (2) acres in size. No more than three (3) boxes (side by side) are allowed on a zoning lot equal to or greater than two (2) acres in size. Each box shall not exceed seven feet (7') in height and twenty five (25) square feet in ground area. The boxes shall be located on a parking lot or other paved surface, not adjacent to the front building facade. The boxes shall not: be within fifteen feet (15') of the front property line, reduce the width of paved clear space for the passage of pedestrians to less than five feet (5'), be located within twenty five feet (25') of a fire department connection, utilize any required parking spaces or disrupt the flow of vehicular or pedestrian traffic. The box shall include language prohibiting the placement of items outside of the box. The name, address, e-mail, and phone number of the box owner/operator shall be posted on the box. Upon telephone notification from the city of Plano code enforcement department that materials are being placed outside of a box, the box owner/operator shall have forty eight (48) hours to remove said materials. Failure to do so on three (3) or more occasions in any calendar year shall result in penalties listed herein. (Ord. 2016-24, 7-11-2016)
8-14-3: LICENSE REQUIRED:
It shall be unlawful for any person or business to place or allow to be placed on their property a collection bin without first making application and securing an annual license from the city. (Ord. 2016-24, 7-11-2016)
8-14-4: LICENSE APPLICATION:
An applicant for a collection bin license shall file an application therefor with the city clerk, on a form provided by the city, which application shall be forwarded to the director of building, planning and zoning for review. The application shall include, without limitation, the following information:
A. The name, mailing address, telephone number and electronic mail address of the applicant.
B. The name, mailing address, and telephone number of the owner of the property on which the collection bin will be installed or placed, if different.
C. The street address of the property on which the collection bin will be installed or placed.
D. A site plan or aerial depiction of the property on which the collection bin will be installed or placed, which site plan or aerial depiction shall indicate the location of the proposed collection bin with distances to the nearest lot lines.
E. Written authorization from the property owner or authorized management company consenting to the placement of a collection bin on the subject property.
F. Payment of an annual nonrefundable collection bin license application fee of twenty five dollars ($25.00). The fee is per bin or up to twenty five (25) square feet of ground area. (Ord. 2016-24, 7-11-2016)
8-14-5: APPROVAL OR DENIAL OF APPLICATION; REVOCATION:
A. Approval: Upon receipt of a complete application for a collection bin license, and upon a determination that the application satisfies the standards and conditions set forth in this chapter, the city clerk shall approve the application and issue a collection bin license to the applicant. The director of building, planning and zoning may condition approval of the application upon additional provisions or restrictions that are consistent with the provisions set forth in this chapter.
B. Denial Or Revocation: The city, upon the recommendation of the director of building, planning and zoning, may revoke a collection bin license or deny an application for a collection bin license upon a determination that:
1. The application contains any false, fraudulent or misleading material statement.
2. Either the application or the proposed donation collection bin does not satisfy the standards and conditions set forth in this chapter.
3. The applicant has made false, fraudulent or misleading material statements in the course of operating a collection bin in the city.
4. The applicant has previously violated any statute, ordinance, rule or regulation relating to the operation of a collection bin in the city.
5. Installation, placement or operation of the proposed collection bin will be injurious to the public health, safety or welfare.
C. Notification Of Denial Or Revocation: Upon the revocation of an existing collection bin license or the denial of an application therefor, the city clerk shall notify the applicant by first class mail.
D. License Term: Each license issued pursuant to this chapter shall terminate on December 31 following its issuance. (Ord. 2016-24, 7-11-2016)
8-14-6: STANDARDS:
A license shall not be issued for a collection bin unless it demonstrates compliance with the following standards:
A. May only be placed on properties within the permitted zoning districts as stated in this chapter.
B. Shall not be located on vacant properties or where the collection bin is the principal structure on the lot.
C. Shall not be placed within a required parking space.
D. Shall not be placed within a required front yard or within ten feet (10') of a side or rear lot line.
E. Shall not be located in a drive aisle or located in such a manner as to cause a sight obstruction for motorist.
F. Shall not reduce any sidewalk or paved space designed for the passage of pedestrians to less than five feet (5') in width.
G. No more than two (2) collection bins shall be allowed on a zoning lot less than two (2) acres in size. No more than three (3) collection bins shall be allowed on a zoning lot equal to or greater than two (2) acres in size.
H. No more than one collection bin operator is allowed on a zoning lot.
I. Shall not exceed seven feet (7') in height and twenty five (25) square feet in ground area.
J. Shall be located on concrete or a paved surface.
K. Shall contain the following contact information clearly visible from the front of the bin: the name, address, e-mail, and phone number of the owner/operator. The collection bin shall also include a legible notice prohibiting the placement of items outside the bin.
L. Shall not contain any advertising, beyond the owner/operator of the bin. (Ord. 2016-24, 7-11-2016)
8-14-7: MAINTENANCE:
Collection bins shall be maintained in good condition with no structural damage, holes, or visible rust. All bins shall be free of debris and shall be serviced regularly so as to prevent overflow of donations or the accumulation of junk, debris or other material. Upon telephone notification from the director of building, planning and zoning code enforcement division that materials are being placed outside the bin, the bin owner/operator shall have forty eight (48) hours to remove said materials. Failure to do so on three (3) or more occasions in any calendar year will result in revocation of the license. (Ord. 2016-24, 7-11-2016)
8-14-8: PENALTY:
In addition to any other remedy available to the city under this chapter, any person violating any provision of this chapter shall be subject to the general penalty and fine provisions of title 1, chapter 4 of this code. A separate offense shall be deemed committed on each day during or on which such violation occurs or continues. (Ord. 2016-24, 7-11-2016)
8-15-1: PURPOSE:
The city is desirous of protecting the health, safety and welfare of the public by establishing certain requirements and regulations of sound beekeeping practices, which are intended to avoid problems that may otherwise be associated with the keeping of honeybees in populated areas within the corporate limits of the city. (Ord. 2014-21, 6-23-2014)
8-15-2: DEFINITIONS:
The following words, terms and phrases when used in this chapter shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
BUILDING, PLANNING AND ZONING DEPARTMENT: The building, planning and zoning department of the city, and any officer thereof, including all code enforcement officials.
HONEYBEES: Bees of any type customarily raised for honey; such bees are also known as Apis mellifera.
POLICE DEPARTMENT: The police department of the city, and any police officer. (Ord. 2014-21, 6-23-2014)
8-15-3: KEEPING OF HONEYBEES:
The keeping by any person of honeybee colonies in the city is prohibited, except in compliance with the following provisions of this chapter:
A. Hive Type: All honeybee colonies shall be kept in inspectable type hives with removable combs, which shall be kept in sound, usable condition.
B. Honeybee Colonies: Honeybee colonies may be kept only in the following zoning districts in the city: R-4, one-family residence district, R-3, one-family residence district, R-2, one-family residence district, R-1, one-family residence district, and A-1, agricultural district, and then only on a lot containing a minimum lot size of twelve thousand (12,000) square feet.
C. Fencing Of Flyways: For all colonies located less than twenty five feet (25') from the nearest property line, as measured from the nearest point on the hive to the property line, the beekeeper shall establish and maintain a flyway barrier at least six feet (6') in height, consisting of a solid fence, wall, dense vegetation, or combination thereof that is parallel to the property line and extending at least ten feet (10') beyond the colony in each direction, so that all honeybees are forced to fly at an elevation of at least six feet (6') above ground level over the property lines in the vicinity of the apiary. Any such fence or wall shall comply with the fence regulations set forth in title 5, chapter 3 of this code.
D. Water: Each beekeeper shall ensure that a convenient source of water is available at all times to the honeybees on the property at which the hive is located, so that the honeybees are discouraged from congregating at swimming pools, hose bibs, pet water bowls, birdbaths, or other water sources at which they may come in contact with humans or domestic pets.
E. Removal: Any honeybee colony not residing in a hive structure intended for beekeeping, or any swarm of honeybees or colony residing in a hive which, by virtue of its condition, has been abandoned by the beekeeper, is unlawful, and shall be removed from the city limits by the property owner upon receipt of written notice from the city.
F. Maximum Quantity: Not more than one honeybee colony may be kept on any lot or parcel in the city.
G. Public Nuisance: All other nest or colony of stinging insects, such as yellow jackets, hornets, other varieties of bees, and wasps, including Vespidae, in trees, buildings, underground or in any other space, diseased colony of honeybees, or any colony of honeybees not maintained in compliance with this code constitutes a public nuisance. The existence of a nest of wild bees of any type, not cultivated by any person and whose honey is not harvested by any person, shall not constitute a violation of this code, unless such nest is in such location as to present a threat of stinging to any person on any public street, sidewalk, mall, park or other public place, or to any person in any parking lot, sidewalk or other place open to the public in a shopping center or other privately owned property open to the public, or to any person on adjacent private property. (Ord. 2014-21, 6-23-2014)
8-15-4: ENFORCEMENT AND RIGHT OF ENTRY:
A. The county health department, the city police department, and the building, planning and zoning department shall enforce this chapter, and are empowered, during reasonable business hours, to enter premises to inspect hives or colonies for the purpose of ascertaining the variety of insects occupying the hives, conditions of health, and management of crowding. Entry may be pursuant to warrant or pursuant to the consent of the owner or occupier of the premises. (Ord. 2014-21, 6-23-2014)
8-15-5: COMPLIANCE WITH STATE LAWS:
A. The requirements of the Illinois bees and apiaries act, or any successor thereto, as in effect from time to time, shall apply to the keeping of honeybees within the corporate limits of the city. (Ord. 2014-21, 6-23-2014)
8-15-6: PENALTY:
A. Any person violating any provision of this chapter shall be fined not less than one hundred dollars ($100.00) nor more than the maximum provided in title 1, chapter 14, "Administrative Adjudication", of this code for each offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Ord. 2014-21, 6-23-2014)
8-16-1: ADOPTED:
A. The Smoke Free Illinois Act, as amended from time to time, is hereby adopted as the Smoke Free Code of the City, which regulates and governs smoking in public places, places of employment, and government vehicles; and each and all of the regulations, provisions, penalties, conditions, and terms of said Smoke Free Illinois Act are hereby adopted and made a part hereof, as if fully set out in this chapter; and the City of Plano Police Department is empowered to adopt procedures for the issuance of citations and the collection of penalties for violation of this chapter.
B. References to a State employee or official may be to a corresponding City employee or official where such reference is applicable or necessary. Any provision of the Smoke Free Illinois Act adopted herein may be cited by placing "8-16- " before the appropriate Smoke Free Illinois Act section number.
C. The use of any "alternative nicotine product" as defined under 720 Illinois Compiled Statutes 675/1.5(a), as amended from time to time, specifically the use of what is commonly known as electronic cigarettes or e-cigarettes, including USB - shaped e-cigarettes, such as JUUL®, shall be included within the definition of "smoking" or "smoke" under the Smoke Free Illinois Act, 410 Illinois Compiled Statutes 82/10, as amended from time to time.
D. "Electronic cigarette" means any electronically actuated device which in operation causes the user to exhale any smoke, vapor, or other substance other than those produced by unenhanced human exhalation. "Electronic cigarette" includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or under any other product name or descriptor. The term "electronic cigarette" does not include any asthma inhaler or other device that has been specifically approved by the United States Food and Drug Administration. (Ord. 2018-27, 12-10-2018)
8-16-2: PROHIBITION OF SMOKING IN PUBLIC PLACES AND OUTDOOR VENUES:
It is unlawful to smoke in the following unenclosed public places:
A. In all parks or recreational areas owned or operated by the City including, but not limited to, athletic fields, bleachers, hard court play surfaces, playgrounds, shelters and parking lots located on the same property as the park or recreational area, unless exempted by the City Council for special requests and events. (Ord. 2018-27, 12-10-2018)
8-16-3: VIOLATIONS AND PENALTIES AND ENFORCEMENT THROUGH ADMINISTRATIVE ADJUDICATION:
A. Violation; Enforcement: A person, corporation, partnership, association or other entity who violates section 15 or 20 of the Smoke Free Illinois Act shall be fined pursuant to this section. Each day that a violation occurs is a separate violation. Enforcement shall be through administrative adjudication.
B. Fines:
1. A person who smokes in an area where smoking is prohibited under this chapter shall be fined in an amount that is one hundred dollars ($100.00) for a first violation/offense, one hundred fifty dollars ($150.00) for a second violation/offense and two hundred fifty dollars ($250.00) for the third and each subsequent violation/offense.
2. A person who owns, operates, or otherwise controls a public place or place of employment that violates section 15 or 20 of the Smoke Free Illinois Act shall be fined: a) two hundred fifty dollars ($250.00) for the first violation/offense, b) five hundred dollars ($500.00) for the second violation/offense within one year after the first violation/offense, and c) seven hundred fifty dollars ($750.00) for each additional violation within one year after the first violation/offense. (Ord. 2018-27, 12-10-2018)
8-16-4: SEVERABILITY:
If any provision of this title or application thereof to any person or circumstances is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this title that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this title is severable. (Ord. 2018-27, 12-10-2018)