A.   Definition: "Policeman" as used in this Section means any person appointed and sworn or designated by law as a policeman of the City and who has served or is serving or shall serve in the regularly constituted Police Department of the City as a policeman, police supervisor or police officer.

   B.   Fund Established: There is hereby established a Police Pension Fund under and in accordance with the provisions of an act of the Legislature of the State of Illinois entitled, "Policemen's Pension Fund-Municipalities 500,00 and Under" Illinois Revised Statutes, chapter 1081/2, paragraphs 3-101 et seq.

   C.   Purpose: Said Police Pension Fund is hereby created in and for the City for the purpose of providing pensions for members of the Police Department of the City under the terms and regulations hereinafter set forth, and not to be in conflict with the provisions set down in chapter 1081/2, paragraphs 3-101 through 3-149 inclusive of the Illinois Revised Statutes.

   D.   Tax Levied for Fund: The City Council shall annually hereafter levy a tax upon all taxable property of the City at the rate on the dollar of all such taxable property which will produce an amount which when added to the deductions from the salaries or wages of policemen and receipts available from all other sources as hereinafter referred to, will equal a sufficient sum to meet the annual requirements of the Pension Fund. Such tax shall be levied and collected in like manner with general taxes of the City and shall be in addition to all other taxes now or hereafter authorized to be levied upon all property within the City.

   In the event that the Pension Fund in any year, over and above the reserve fund, is sufficient to meet all demands of those requiring payment therefrom in such year, the City Council may dispense with the levy of such tax.

   All such monies derived from the taxes levied hereunder and the monies provided by Section 2-4-4 of this Code shall be set apart by the City Treasurer to constitute the Police Pension Fund.

   E.   Applicability of Provisions, Eligibility for Benefits:

      1.   This Section is applicable to all policemen of the City who meet the qualifications set forth in article 3, chapter 1081/2 of the "Policemen's Pension Fund-Municipalities 500,000 and Under", Illinois Revised Statutes.

      2.   All policemen and widows or dependents are eligible for pension benefits from the Fund who qualify under paragraphs 3-107, 3-108, 3-113, 3-118 and 3-119 of chapter 1081/2 of "Policemen's Pension Fund-Municipalities 500,000 and Under", Illinois Revised Statutes. (Ord. 1974-1, eff. 1-1-74)

All officers, both full-time and part-time, must complete the twenty four (24) hour mandatory firearms training course required by Public Act 79-652. The training must be completed before an officer can carry a weapon in the performance of his official duties. The firearms training requirement is incorporated as an integral part of the basic law enforcement training course prescribed for full-time law enforcement officers. Officers that complete the basic law enforcement training courses thus comply with the firearms training requirement. Regardless of where the firearms training is obtained, it must be completed prior to the officer carrying a weapon in the performance of his duties. (1989 Code)

   A.   Deputy Chief Of Police:

      1.   Position Established; Appointment: There is hereby established the position of Deputy Chief of Police. The Deputy Chief position shall be an exempt rank immediately below that of Chief of Police.

      2.   The position of Deputy Chief shall be appointed by the Chief of Police from any rank of sworn, full-time officers of the Plano Police Department, but the appointee must have at least five (5) years of full-time service as a police officer in the Plano Police Department.

      3.   There shall be no more than one Deputy Chief position if the Police Department has fewer than twenty five (25) full-time police officers and no more than two (2) Deputy Chief positions if the Police Department has twenty five (25) or more full-time police officers, subject to the availability of funding for such position(s) as determined by the Mayor and City Council.

      4.   A Deputy Chief shall serve at the discretion of the Chief of Police and, if removed from the position, shall revert to the rank currently held, without regard as to whether a vacancy exists in that rank.

      5.   A Deputy Chief of Police shall be permitted, regardless of rank, to take promotional exams and be promoted to a higher classified rank than he currently holds, without having to resign as Deputy Chief of Police.

      6.   The Deputy Chief shall have and fulfill those duties assigned by the Chief of Police.

   B.   Termination Of Position Of Lieutenants And Corporals: The positions of Lieutenants and Corporals is terminated and eliminated. The persons currently holding these positions shall revert to the rank they hold which is the rank of Sergeant without regard as to whether a vacancy exists in that rank. (Ord. 1991-13, 4-22-91; amd. Ord. 2024-25, 5-28-2024)

As used in this chapter, the following words and terms shall have the meanings herein ascribed to them:

ADMINISTRATOR: A veterinarian licensed by the state of Illinois and appointed pursuant to the animal control act 1 .

ANIMAL CONTROL WARDEN: Any person appointed by the administrator to perform the duties set forth in this code or in the animal control act 2 .

AT LARGE: Any animal shall be deemed to be at large when it is not under the control of a responsible person, nor under restraint.

CAT: Felis catus as defined in 510 Illinois Compiled Statutes 5/2.04a.

DANGEROUS DOG 3 :

   B.   A dog that, without justification, bites a person and does not cause serious physical injury.

DANGEROUS DOMESTIC ANIMAL: Any domestic animal when unmuzzled or unleashed, that behaves in a manner that a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to a person or a companion animal:

   A.   The behavior of which constitutes a physical threat of bodily harm to a person or animal in a place where such person is conducting himself or herself peacefully or lawfully; or

   B.   Which chases or approaches a person or animal upon a street, sidewalk or any public grounds in a menacing fashion or apparent attitude of attack.

DANGEROUS/EXOTIC ANIMAL: All animals defined as "dangerous animals" in the Illinois dangerous animals act, 720 Illinois Compiled Statutes 585/0.1 et seq., as amended from time to time, the provisions thereof being incorporated herein by reference, or monkey, gorilla, chimpanzee, and any wild dog or other nonhuman primate, any rodent weighing more than one pound with the exception of guinea pigs, and any noncanine animal not native to North America and which can attain a weight of two hundred (200) pounds, or any feline animal which can attain a weight in excess of forty (40) pounds.

DOG: All members of the family Canidae.

DOMESTIC ANIMAL: Dogs, cats, and any other types of animals or fowl normally maintained as a household pet or guardian.

IMPOUND: To take into the custody of the city police department or county animal control.

INOCULATION AGAINST RABIES: The injection, subcutaneously or otherwise, of an antirabies vaccine as approved by the department of agriculture of the state of Illinois.

OWNER: Any person who has a right of property in an animal, or who keeps or harbors an animal, or who has an animal in his/her care, or who acts as custodian of an animal, or who knowingly permits an animal to remain on or about any premises occupied by him/her.

PERSON: Any individual, firm, association, partnership, corporation, or other legal entity, any public or private institution, or any municipal corporation or political subdivision of the city.

RESPONSIBLE PERSON: A person who is familiar with the animal and has the size and experience to be able to keep the animal under complete control at all times.

RESTRAINT: An animal is under restraint if it is confined by a fence of sufficient height and security (which may be an electronic invisible fence system) to prevent it from leaving the encompassed area, or on a leash under the control of a responsible person, or on a leash securely fastened to an inanimate object and of a length which prevents it from leaving the property of its owner or keeper.

SERIOUS INJURY: Any physical injury that results in broken bones, lacerations, wounds, or skin punctures that require medical treatment.

VICIOUS DOG 4 : A dog that, without justification, attacks a person and causes serious physical injury or death or any individual dog that has been found to be a "dangerous dog" upon three (3) separate occasions.

VICIOUS DOMESTIC ANIMAL: Any domestic animal that, without justification, attacks a person, or animal and causes serious physical injury or death, or any individual animal that has been found to be a "dangerous domestic animal" upon three (3) separate occasions. (Ord. 2012-21, 7-9-2012)

   A.   Permitting Domestic Animals To Run At Large Unlawful: It shall be unlawful to permit any domestic animal to run at large on the property of any person but the owner thereof without the permission of the owner of the aforementioned property. Domestic animals which are running at large may be subject to citation and/or impoundment.

   B.   Permitting Domestic Animal To Attack Another Domestic Animal Unlawful: It shall be unlawful for an owner to permit or fail to prevent any domestic animal to attack or bite another domestic animal, including, but not limited to, dogs and cats.

   C.   At Large Restrictions: No owner of a domestic animal shall permit or allow that domestic animal to be at large in any public area or on any private property, including the property of the owner, unless effectively restrained as provided herein.

      1.   Public Area Restraint:

         a.   No domestic animal shall be on any public area within the city unless restrained by a leash and controlled and under the control of a responsible person of sufficient strength to control and restrain that domestic animal by leash. The leash required by this subsection shall be of a size and strength sufficient to control the size and strength of the domestic animal to which it is attached.

         b.   Upon the approach of another pedestrian, the owner of a domestic animal shall bring the domestic animal to heel such that half the available public way is free for use by the other pedestrian.

      2.   Private Property Restraint:

         a.   Unenclosed Area: No domestic animal shall be in or on an unenclosed area of any private property outside the principal building unless:

            (1)   A person who can and does effectively control that domestic animal is immediately and physically present in the same unenclosed area; or

            (2)   The domestic animal is tethered using visible means of restraint sufficient to protect pedestrians on public property and so as to effectively prevent the domestic animal from leaving the unenclosed area. The tether shall be of sufficient length to allow the animal to sit, stand, lay down, and have access to clean water.

         b.   Enclosed Area: An enclosed area on private property is that area outside the principal building which is entirely enclosed by fencing which effectively prevents the domestic animal(s) within the enclosed area from leaving the enclosed area. The fencing may be traditional, electronic or radio controlled.

            (1)   In the event that a domestic animal leaves the enclosed area to private property of another without being restrained by a leash, as provided in subsection C1a of this section, the owner shall be in violation of this subsection.

      3.   Ineffective Restraint:

         a.   In the event that a domestic animal leaves an enclosed or unenclosed area of private property to a public area or private property of another without being restrained by a leash, as provided in subsection C1a of this section, it shall be presumed that the provided fencing, human control or tethering device was not effective, and that domestic animal shall not be permitted in the enclosed or unenclosed area, unless restrained by a leash, as provided in subsection C1a of this section, until such enclosed area or tethering device is modified or repaired to make it effective and evidence of such modification or repair is delivered to the chief of police at the police department and verified by inspection of the chief's designee.

         b.   In the event that a domestic animal leaves an unenclosed area to a public area or private property of another while under a person's immediate personal supervision, then such immediate personal supervision shall be presumed to be insufficient and that domestic animal shall thereafter be controlled by a leash or tethering device when on an unenclosed area.

         c.   In the event that a domestic animal leaves an enclosed or unenclosed area of private property to a public area or private property of another without being restrained by a leash, as provided in subsection C1a of this section, on three (3) occasions within twelve (12) consecutive months, that domestic animal shall only be permitted outside the principal building when restrained by a leash, as provided in subsection C1a of this section.

   D.   K-9 Units And Service Animals:

      1.   The leash control requirements and the location prohibitions of this section shall not apply to any dog which is part of a K-9 unit or to any service animal, provided that such dog or service animal is performing its intended duties. (Ord. 2012-21, 7-9-2012)

   A.   Dogs: Every person who owns, keeps or harbors a dog within the limits of the city shall provide such dog with a collar made of substantial material to which a license tag shall be firmly fastened. No dog shall be permitted to be kept or remain within the city unless the person who owns, keeps or harbors the same shall have caused the dog to be licensed with the county of Kendall, Illinois, and provided with a collar and tag as herein provided.

   B.   Cats: Every person who owns, keeps or harbors a cat within the limits of the city shall provide such cat with a collar made of substantial material to which a leash may be attached.

   C.   Any Domestic Animal: Any domestic animal within the corporate limits of the city shall wear a collar or harness with a suitable tag bearing the inscription of the name, and current address of the owner. The implantation of a microchip with this information is strongly suggested. (Ord. 2012-21, 7-9-2012)

Every owner or keeper of any dog within the limits of the city shall cause such dog to be examined by a registered veterinarian and kept current on all required inoculations by such veterinarian in accordance with any state law, county or city ordinance. (Ord. 2012-21, 7-9-2012)

It shall be unlawful for any person or household to keep, harbor or maintain more than three (3) dogs and three (3) cats at any one time within the corporate limits of the city; provided that in case of a female dog giving birth to pups, these pups may be kept within the limits of the city until they have become four (4) months old, or in the case of a female cat giving birth to kittens, these kittens may be kept within the limits of the city until they become four (4) months old. (Ord. 2012-21, 7-9-2012)

   A.   Confinement Of Dangerous Or Vicious Dogs: No person shall own, keep, or harbor a dangerous or vicious dog within the city, unless such person shall keep such dog safely and securely confined so as to protect from any injury any person, child, or domestic animal who shall lawfully come upon the premises in the vicinity where such dog may be located. Adequate warning by signs shall be given to all persons lawfully coming upon the premises in the vicinity of any such vicious or dangerous dog which may be confined as aforesaid.

   B.   Reports Of Dangerous Or Vicious Animals: The city police department or animal control officer is authorized to investigate any report of a dangerous or vicious domestic animal and assist the administrator or Kendall County animal control officer in making a determination, as to whether such animal is dangerous or vicious.

   C.   Behavior Deemed Dangerous: Any dog or other domestic animal which exhibits any of the following behaviors may be deemed dangerous:

      1.   Causing an injury to a person or animal that is less severe than a serious injury;

      2.   Without provocation, chasing or menacing a person or animal in an aggressive manner;

      3.   Acts in a highly aggressive manner within a fenced yard/enclosure and appears to a reasonable person able to jump over or escape; or

      4.   Attempts to attack any person or animal if it is restrained by a leash, fence, or other means and it is clear that only the presence of the leash, fence, or other means of restraint is preventing the domestic animal from immediate attack.

   D.   Behaviors Deemed Vicious: Any domestic animal which exhibits any of the following behaviors may be deemed vicious:

      1.   Causing any serious injury or death to a person or animal;

      2.   Without provocation or justification attacks a person or animal;

      3.   Has been found to be a dangerous domestic animal upon at least three (3) separate occasions.

   E.   Exemptions To Being Declared Dangerous Or Vicious: No domestic animal shall be declared dangerous or vicious if:

      1.   The animal was used by a law enforcement official for legitimate law enforcement purposes or as a guard dog for the protection of commercial property;

      2.   The threat, injury, or damage was sustained by a person:

         a.   Who was committing, at the time, a wilful trespass or other tort upon the premises lawfully occupied by the owner of the animal;

         b.   Who was provoking, tormenting, abusing, or assaulting the animal or who can be shown or have repeatedly, in the past, provoked, tormented, abused, or assaulted the animal; or

         c.   Who was committing or attempting to commit a crime.

      3.   The animal was:

         a.   Responding to pain or injury, or was protecting itself, its offspring; or

         b.   Protecting or defending a person within the immediate vicinity of the animal from an attack or assault. (Ord. 2012-21, 7-9-2012)

   A.   After a thorough investigation including: sending, within ten (10) business days of the administrator becoming aware of the alleged infraction, notifications to the owner of the alleged infractions, the fact of the initiation of an investigation, and affording the owner an opportunity to meet with the administrator prior to the making of a determination; gathering of any medical or veterinary evidence; interviewing witnesses; and making a detailed written report, an animal control warden, deputy administrator, or law enforcement agent may ask the administrator, or his or her designee to deem a dog to be "dangerous". No dog shall be deemed a "dangerous dog" unless shown to be a dangerous dog by a preponderance of evidence. The owner shall be sent immediate notification of the determination by registered or certified mail that includes a complete description of the appeal process.

   B.   A dog shall not be declared dangerous if the administrator, or his or her designee determines the conduct of the dog was justified because:

      1.   The threat was sustained by a person who at the time was committing a crime or offense upon the owner or custodian of the dog or was committing a wilful trespass or other tort upon the premises or property occupied by the owner of the animal;

      2.   The threatened person was abusing, assaulting, or physically threatening the dog or its offspring;

      3.   The injured, threatened, or killed companion animal was attacking or threatening to attack the dog or its offspring; or

      4.   The dog was responding to pain or injury or was protecting itself, its owner, custodian, or a member of its household, kennel, or offspring.

   C.   Testimony of a certified applied behaviorist, a board certified veterinary behaviorist, or another recognized expert may be relevant to the determination of whether the dog's behavior was justified pursuant to the provisions of this section.

   D.   If deemed dangerous, the administrator, or his or her designee shall order: 1) the dog's owner to pay a fifty dollar ($50.00) public safety fine to be deposited into the pet population control fund, 2) the dog to be spayed or neutered within fourteen (14) days at the owner's expense and microchipped, if not already, and 3) one or more of the following as deemed appropriate under the circumstances and necessary for the protection of the public:

      1.   Evaluation of the dog by a certified applied behaviorist, a board certified veterinary behaviorist, or another recognized expert in the field and completion of training or other treatment as deemed appropriate by the expert. The owner of the dog shall be responsible for all costs associated with evaluations and training ordered under this subsection; or

      2.   Direct supervision by an adult eighteen (18) years of age or older whenever the animal is on public premises.

   E.   The administrator may order a dangerous dog to be muzzled whenever it is on public premises in a manner that will prevent it from biting any person or animal, but that shall not injure the dog or interfere with its vision or respiration.

   F.   Guide dogs for the blind or hearing impaired, support dogs for the physically handicapped, and sentry, guard, or police owned dogs are exempt from this section; provided, an attack or injury to a person occurs while the dog is performing duties as expected. To qualify for exemption under this section, each such dog shall be currently inoculated against rabies in accordance with section 8 of the act and performing duties as expected. It shall be the duty of the owner of the exempted dog to notify the administrator of changes of address. In the case of a sentry or guard dog, the owner shall keep the administrator advised of the location where such dog will be stationed. The administrator shall provide police and fire departments with a categorized list of the exempted dogs, and shall promptly notify the departments of any address changes reported to him or her.

   G.   An animal control agency has the right to impound a dangerous dog if the owner fails to comply with the requirements of the act.

   H.   Once an animal has been determined to be dangerous or vicious the designation remains with the animal for the life of the animal. (Ord. 2012-21, 7-9-2012)

It is unlawful for any person to knowingly or recklessly permit any dangerous dog to leave the premises of its owner when not under control by leash or other recognized control methods. (Ord. 2012-21, 7-9-2012)

   A.   The owner of a dog found to be a dangerous dog pursuant to the act by an administrator may file a complaint against the administrator in the circuit court within thirty five (35) days of receipt of notification of the determination, for a de novo hearing on the determination. The proceeding shall be conducted as a civil hearing pursuant to the Illinois rules of evidence and the code of civil procedure, including the discovery provisions. After hearing both parties' evidence, the court may make a determination of dangerous dog if the administrator meets his or her burden of proof of a preponderance of the evidence. The final order of the circuit court may be appealed pursuant to the civil appeals provisions of the Illinois supreme court rules.

   B.   The owner of a dog found to be a dangerous dog pursuant to the act by the administrator may, within fourteen (14) days of receipt of notification of the determination, request an administrative hearing to appeal the determination. The administrative hearing shall be conducted pursuant to the department of agriculture's rules applicable to formal administrative proceedings, 8 Illinois administrative code part 1, subparts A and B. An owner desiring a hearing shall make his or her request for a hearing to the Illinois department of agriculture. The final administrative decision of the department may be reviewed judicially by the circuit court of the county wherein the person resides or, in the case of a corporation, the county where its registered office is located. If the plaintiff in a review proceeding is not a resident of Illinois, the venue shall be in Sangamon County. The administrative review law and all amendments and modifications thereof, and the rules adopted thereto, apply to and govern all proceedings for the judicial review of final administrative decisions of the department hereunder.

   C.   Until the order has been reviewed and at all times during the appeal process, the owner shall comply with the requirements set forth by the administrator or the court.

   D.   At any time after a final order has been entered, the owner may petition the circuit court to reverse the designation of dangerous dog. (Ord. 2012-21, 7-9-2012)

A dog found running at large and unsupervised with three (3) or more other dogs may be deemed a potentially dangerous dog by the animal control warden or administrator. Potentially dangerous dogs shall be spayed or neutered and microchipped within fourteen (14) days of reclaim. The designation of "potentially dangerous dog" shall expire twelve (12) months after the most recent violation of this section. Failure to comply with this section will result in impoundment of the dog or a fine of five hundred dollars ($500.00). (Ord. 2012-21, 7-9-2012)

   A.   In order to have a dog deemed "vicious", the administrator, deputy administrator, or law enforcement officer must give notice of the infraction that is the basis of the investigation to the owner, conduct a thorough investigation, interview any witnesses, including the owner, gather any existing medical records, veterinary medical records or behavioral evidence, and make a detailed report recommending a finding that the dog is a vicious dog and give the report to the state's attorney's office and the owner. The administrator, state's attorney, or any citizen of the county in which the dog exists may file a complaint in the circuit court in the name of the people of the state of Illinois to deem a dog to be a vicious dog. Testimony of a certified applied behaviorist, a board certified veterinary behaviorist, or another recognized expert may be relevant to the court's determination of whether the dog's behavior was justified. The petitioner must prove the dog is a vicious dog by clear and convincing evidence. The administrator shall determine where the animal shall be confined during the pendency of the case.

   B.   A dog may not be declared vicious if the court determines the conduct of the dog was justified because:

      1.   The threat, injury, or death was sustained by a person who at the time was committing a crime or offense upon the owner or custodian of the dog, or was committing a wilful trespass or other tort upon the premises or property owned or occupied by the owner of the animal;

      2.   The injured, threatened, or killed person was abusing, assaulting, or physically threatening the dog or its offspring, or has in the past abused, assaulted, or physically threatened the dog or its offspring; or

      3.   The dog was responding to pain or injury, or was protecting itself, its owner, custodian, or member of its household, kennel, or offspring.

   C.   No dog shall be deemed "vicious" if it is a professionally trained dog for law enforcement or guard duties. Vicious dogs shall not be classified in a manner that is specific as to breed.

   D.   If the burden of proof has been met, the court shall deem the dog to be a vicious dog.

   E.   If a dog is found to be a vicious dog, the owner shall pay a one hundred dollar ($100.00) public safety fine to be deposited into the pet population control fund, the dog shall be spayed or neutered within ten (10) days of the finding at the expense of its owner and microchipped, if not already, and the dog is subject to enclosure. If an owner fails to comply with these requirements, the animal control agency shall impound the dog and the owner shall pay a five hundred dollar ($500.00) fine plus impoundment fees to the animal control agency impounding the dog. The judge has the discretion to order a vicious dog be euthanized. A dog found to be a vicious dog shall not be released to the owner until the administrator, or an animal control warden approves the enclosure. No owner or keeper of a vicious dog shall sell or give away the dog without approval from the administrator or court. Whenever an owner of a vicious dog relocates, he or she shall notify both the administrator of county animal control where he or she has relocated and the administrator of county animal control where he or she formerly resided.

   F.   It shall be unlawful for any person to keep or maintain any dog which has been found to be a vicious dog unless the dog is kept in an enclosure. The only times that a vicious dog may be allowed out of the enclosure are: 1) if it is necessary for the owner or keeper to obtain veterinary care for the dog, 2) in the case of an emergency or natural disaster where the dog's life is threatened, or 3) to comply with the order of a court of competent jurisdiction, provided that the dog is securely muzzled and restrained with a leash not exceeding four feet (4') in length, and shall be under the direct control and supervision of the owner or keeper of the dog or muzzled in its residence.

   G.   Any dog which has been found to be a vicious dog and which is not confined to an enclosure shall be impounded by the administrator, an animal control warden, or the law enforcement authority having jurisdiction in such area.

   H.   If the owner of the dog has not appealed the impoundment order to the circuit court in the county in which the animal was impounded within fifteen (15) working days, the dog may be euthanized.

   I.   Upon filing a notice of appeal, the order of euthanasia shall be automatically stayed pending the outcome of the appeal. The owner shall bear the burden of timely notification to animal control in writing.

   J.   Guide dogs for the blind or hearing impaired, support dogs for the physically handicapped, accelerant detection dogs, and sentry, guard, or police owned dogs are exempt from this section; provided, an attack or injury to a person occurs while the dog is performing duties as expected. To qualify for exemption under this section, each such dog shall be currently inoculated against rabies in accordance with section 8 of the act. It shall be the duty of the owner of such exempted dog to notify the administrator of changes of address. In the case of a sentry or guard dog, the owner shall keep the administrator advised of the location where such dog will be stationed. The administrator shall provide police and fire departments with a categorized list of such exempted dogs, and shall promptly notify such departments of any address changes reported to him.

   K.   If the animal control agency has custody of the dog, the agency may file a petition with the court requesting that the owner be ordered to post security. The security must be in an amount sufficient to secure payment of all reasonable expenses expected to be incurred by the animal control agency or animal shelter in caring for and providing for the dog pending the determination. Reasonable expenses include, but are not limited to, estimated medical care and boarding of the animal for thirty (30) days. If security has been posted in accordance with this section, the animal control agency may draw from the security the actual costs incurred by the agency in caring for the dog.

   L.   Upon receipt of a petition, the court must set a hearing on the petition, to be conducted within five (5) business days after the petition is filed. The petitioner must serve a true copy of the petition upon the defendant.

   M.   If the court orders the posting of security, the security must be posted with the clerk of the court within five (5) business days after the hearing. If the person ordered to post security does not do so, the dog is forfeited by operation of law and the animal control agency must dispose of the animal through adoption or humane euthanization.

   N.   Once an animal has been determined to be dangerous or vicious the designation remains with the animal for the life of the animal. (Ord. 2012-21, 7-9-2012)

   A.   Additional Requirements: In addition to any and all other requirements of this code or the statutes of the state of Illinois, if a domestic animal is deemed dangerous or vicious, the city police department or county animal control may require:

      1.   Special security or care requirements, including supervision by an adult eighteen (18) years or older;

      2.   Impoundment until satisfied that the owner will maintain the dangerous or vicious domestic animal on the owner's property except for medical treatment or examination; post a clearly visible written warning that there is a dangerous or vicious domestic animal on the premises (visible from a distance of 50 feet); or

      3.   Order humane dispatch of the dangerous or vicious domestic animal, pursuant to the humane euthanasia in animal shelters act 1 , upon a finding that the owner has failed to abide by the established conditions of security.

   B.   Conditions To Release Animal: In the event of impoundment of a dangerous or vicious domestic animal, the animal shall not be released until satisfaction of the following:

      1.   The owner of the dangerous or vicious domestic animal proves that the owner is a responsible person;

      2.   The dangerous or vicious domestic animal has a current rabies vaccination, where applicable;

      3.   The owner has a proper enclosure to prevent the entry of any person or animal and the escape of said dangerous or vicious domestic animal;

      4.   The dangerous or vicious domestic animal has been spayed or neutered;

      5.   The dangerous or vicious domestic animal has been implanted with a microchip containing owner identification information. The microchip information must be registered with the animal control authority of the jurisdiction; and

      6.   The dangerous or vicious domestic animal owner shall enter the animal in a socialization and/or behavior program approved by the city; and

      7.   The owner of a dangerous or vicious animal must provide proof of liability insurance in a minimum amount of one hundred thousand dollars ($100,000.00).

   C.   Owner Prohibitions: It shall be unlawful for an owner of a dangerous or vicious domestic animal to:

      1.   Permit the animal to be outside a proper enclosure unless under the control of a responsible person, muzzled, and restrained by a lead not exceeding four feet (4') in length; the muzzle shall be made in a manner that will not cause injury to the animal or interfere with its vision or respiration but shall prevent it from biting any human being or animal.

         a.   A "proper enclosure" is defined as: Fence or structure of at least six feet (6') in height, and no more than fifteen feet by eight feet (15' x 8') in area, forming or creating an enclosure suitable to prevent the entry of young children, and suitable to confine a vicious dog. Such enclosure shall be securely enclosed and locked and designed with secure sides, top and bottom, and shall be designed to prevent the animal from escaping from the enclosure. If said fence or structure does not have a bottom which is secured to the sides, the sides shall be embedded in the ground. Such enclosure shall be within an area fenced by a stockade fence six feet (6') in height, and all gates within said fence shall remain locked at all times.

      2.   Fail to maintain a dangerous or vicious domestic animal exclusively on the owner's property, except as required for medical treatment or examination. When removed from the owner's property for medical treatment or examination, the dangerous or vicious domestic animal shall be caged or under the control of a responsible person, muzzled and restrained with a leash not exceeding four feet (4') in length. The leash required by this subsection shall be of a size and strength sufficient to control the size and strength of the domestic animal to which it is attached. The muzzle shall be made in a manner that will not cause injury to the animal or interfere with its vision or respiration but shall prevent it from biting any human being or animal.

      3.   Fail to notify the city police department and Kendall County animal control:

         a.   Immediately upon escape if a dangerous or vicious domestic animal is on the loose, is unconfined, has attacked another domestic animal, has attacked a human being;

         b.   Within two (2) business days if the animal has died;

         c.   Within twenty four (24) hours if the animal has been sold or has been given away.

If the dangerous or vicious domestic animal has been sold or given away, the owner shall also provide the city police department and Kendall County animal control with the name, address, and telephone number of the new owner of the dangerous or vicious domestic animal.

      4.   Fail to surrender a dangerous or vicious domestic animal for safe confinement pending a hearing when there is a reason to believe that the dangerous or vicious domestic animal poses an imminent threat to public safety.

      5.   Fail to comply with any special security or care requirements for a dangerous or vicious domestic animal determined by the city police department or animal control officer.

   D.   Impoundment: Any dangerous or vicious domestic animal running at large in the streets or public places of the city or upon private premises of any other person not the owner, shall be impounded in the manner provided by this chapter; provided, however, that if a dangerous or vicious domestic animal found at large cannot be safely impounded, that animal may be slain by any city police officer.

   E.   Impoundment And Disposition Of Dangerous Or Vicious Domestic Animal:

      1.   Any dangerous or vicious domestic animal running at large in the roads, streets or public places of the city, or upon private premises of any other person other than the owner, keeper, or harborer, or which becomes a nuisance as herein defined, shall be taken up and impounded in the manner provided by this chapter.

      2.   It shall be unlawful for the owner or keeper of any dangerous or vicious domestic animal, when notified that such dangerous or vicious domestic animal has bitten any person, dog, cat or domestic animal or has so injured any person as to cause an abrasion of the skin, to sell or give away such dangerous or vicious domestic animal or to permit or allow such dangerous or vicious domestic animal to be taken beyond the limits of the city, but it shall be the duty of such owner or keeper, upon receiving notice of the character aforesaid, to deliver such dangerous or vicious domestic animal to any registered veterinarian of his choice, whereupon such dangerous or vicious domestic animal shall be confined for a period of at least ten (10) days.

      3.   If any dangerous or vicious domestic animal cannot safely be taken up and impounded, such dangerous or vicious domestic animal may be destroyed by any police officer; provided, however, that in all cases where any dangerous or vicious domestic animal which has bitten a person or caused an abrasion of the skin is destroyed by any police officer, and a period of less than fifteen (15) days has elapsed since the dangerous or vicious domestic animal bit any person or caused an abrasion of the skin of any person, then it shall be the duty of the police officer or anyone destroying such dangerous or vicious domestic animal to forthwith deliver the carcass and brain of such dangerous or vicious domestic animal to the county health officer.

      4.   Dangerous or vicious domestic animals impounded under this chapter will be taken to the Kendall County animal control facility. The owner or a person desiring to redeem such a dangerous or vicious domestic animal shall be required to pay any and all fees as set forth by the Kendall County animal control officer. Animals not redeemed within the time limits established by the Kendall County animal control officer will be disposed of at his discretion. (Ord. 2012-21, 7-9-2012)

   A.   Any animal within the corporate limits of the city which is continuously barking, howling, or whining, or making other distressing or loud noises on a consistent basis, or in any other manner disturbing the peace or quiet of any place, neighborhood, family, or person within the corporate limits of the city, may hereby be declared a nuisance.

   B.   Upon complaint being made to the city police department, or upon a citizen of the city signing a written complaint with the city police department, the city police department shall thereafter notify the owner or person having possession of such animal, or the owner or occupant of the premises on which such animal may be kept, that a complaint has been made. The person so notified shall immediately upon receipt of such notice abate the nuisance. (Ord. 2012-21, 7-9-2012)

   A.   It shall be unlawful to keep or maintain cattle, horses, ponies, mules, sheep, goats, and fowl, excluding chickens, including chickens, or swine (except miniature pigs, rabbits, birds, mink, ferrets or other yard animals customarily used as a pet) within the city limits, except in districts within the city limits zoned A-1 agriculture or R-1 (with special use permit). Any person who shall violate this section shall be held as maintaining a nuisance.

   B.   Nothing herein contained shall prohibit the sale at retail or wholesale of domestic hens or other fowl from properties zoned business or industrial as part of the business of the owner or occupant of such zoned property. (Ord. 2012-21, 7-9-2012; amd. Ord. 2023-26, 12-11-2023)

   A.   No person shall confine in any cage, pen or other enclosure, either in or outside a dwelling or other building, any live animal or live reptile of any species which is of the class Ferae naturae nondomesticated, except chickens.

   B.   No person, business, association, or corporation may keep any animal defined as "dangerous animals" in the Illinois dangerous animals act, 720 Illinois Compiled Statutes 585/0.1 et seq., as amended from to time to time, the provisions thereof being incorporated herein by reference, or monkey, gorilla, chimpanzee, and any wild dog or other nonhuman primate, any rodent weighing more than one pound with the exception of guinea pigs, and any noncanine animal not native to North America and which can attain a weight of two hundred (200) pounds, or any feline animal which can attain a weight in excess of forty (40) pounds, or any poisonous reptile or other animal in any place other than a properly maintained zoological park, circus, scientific or educational institution, research laboratory, veterinary hospital or animal refuge.

   C.   It is no defense to a violation of this section that the keeper of any animal or poisonous reptile which is prohibited by subsection B of this section has attempted to domesticate such animal or poisonous reptile.

   D.   This section shall not apply to a properly maintained zoological park, federally licensed exhibit, circus, scientific institution, research laboratory, veterinary hospital, kennels, pounds, or animal refuge in an escapeproof enclosure. Exhibitions or parades of animals which are Ferae naturae in the eyes of the law may be conducted, kept or harbored within the city only after securing a permit from the chief of police.

   E.   The keeping of any such animal or reptile prohibited above shall be deemed a nuisance and shall be subject to summary abatement by any police officer or animal control officer.

   F.   It shall be unlawful to permit any dangerous or vicious animal of any kind to run at large within the city. (Ord. 2012-21, 7-9-2012; amd. Ord. 2023-26, 12-11-2023)

It shall be unlawful for any person to:

   A.   Beat, underfeed, overload, overwork, torment, abandon or otherwise inhumanely treat any domestic animal anywhere in the city;

   B.   Kill or wound, attempt to kill or wound, or take the eggs or young of any game or song bird;

   C.   Fail to provide any animal with proper food and water adequate to promote good physical health;

   D.   Knowingly poison or cause to be poisoned any domestic animal except that common rat poison mixed only with vegetable or grain substances may be exposed for the protection of property;

   E.   Feed or place any liquid or food product so as to constitute a direct or obvious hazard to an animal;

   F.   Give away any domestic animal as a prize for or as an inducement to enter any contest, game or other competition; or as an inducement to enter a place of amusement; or offer such vertebrate as an incentive to enter into any business agreement when the offer was for the purpose of attracting trade;

   G.   Keep or maintain an animal in a motor vehicle when the temperature is over seventy degrees Fahrenheit (70°F) without providing proper ventilation for the animal; or

   H.   Keep or maintain an animal out of doors without providing adequate and proper shelter from the weather;

   I.   Fail to provide proper shelter adequate to provide a protected dry place in cold weather and a dry shaded place with ventilation in warmer weather;

   J.   Fail to provide veterinarian care for a sick or injured dog, cat or other animal so as to prevent undue suffering;

   K.   Abandon any animal where it may become a public charge or may suffer injury, hunger, or exposure, or become the responsibility of the city. (Ord. 2012-21, 7-9-2012)

   A.   No animal bred, trained or used for any type of animal fighting may be kept or raised within the city.

   B.   No person shall promote, stage, hold, manage, conduct, advertise, attend, or carry on any animal fight or any other type of contest, or game of a similar nature, nor any simulated version of same that involves baiting or inciting an animal to fight another animal.

   C.   In the administration and prosecution of violations of this section, the city may initiate a prosecution under section 5/26-5 of the criminal code of 1961 1 . (Ord. 2012-21, 7-9-2012)

   A.   It shall be unlawful to allow animals to defecate on private or public property, other than that property of owner of the animal, without taking immediate action to clean up, remove and properly dispose of such waste in a trash container from said private or public property, by the individual who is in control of the animal at the time.

   B.   No person shall leave or deposit fecal matter, whether or not it is in an enclosed container in any sewer or drain.

   C.   It shall be unlawful for any person to allow the accumulation of animal waste on private property such that by its sight or odor, said accumulation becomes a health hazard or disturbs the peace of any place, neighborhood, family or person in the city. The disturbing of the peace of any such place, neighborhood, family or person in the city is hereby declared to be a nuisance, and it shall be unlawful for any person to suffer or permit any such nuisance to exist. (Ord. 2012-21, 7-9-2012)

In addition to any other relief available to the city to remedy or abate any violation of any of the provisions of this chapter, any person violating any of the provisions of this chapter or neglecting or refusing to comply with any of the provisions hereof, shall be fined as follows:

   A.   The penalty/fine for aggravated abuse of or cruelty to an animal (section 9-2-16 of this chapter) shall be five hundred dollars ($500.00). Each day that such violation shall occur or continue shall constitute a separate offense.

   B.   The penalty/fine for failure to properly restrain a dangerous animal shall be two hundred fifty dollars ($250.00) for the first offense and five hundred dollars ($500.00) for the second and each additional offense.

   C.   The penalty/fine for failure to properly restrain a vicious animal shall be five hundred dollars ($500.00) for the first offense and seven hundred fifty dollars ($750.00) for the second and each additional offense.

   D.   The penalty/fine for violation of any provision of this chapter except as noted above shall be twenty five dollars ($25.00) for the first offense, fifty dollars ($50.00) for the second offense, and seventy five dollars ($75.00) for the third and each additional offense, if paid within ten (10) days of the date of notice of the violation. Any fine not paid within ten (10) days shall be increased by fifty dollars ($50.00). (Ord. 2012-21, 7-9-2012)

   A.   Definitions: As used in this chapter, the following words and terms shall have the meanings herein ascribed to them:

 

 

   B.   Permit Requirements:

      1.   There shall be a fifty dollars ($50.00) permit fee to own domestic chickens. This fee includes the required inspection with approval of said permit.

      2.   Applications for permits must be submitted to the Department of Building, Planning, and Zoning.

      3.   Applications must include the following:

         a.   Completed City of Plano Residential Chicken Keeping Application.

         b.   Completed City of Plano Chicken Coop Permit request form.

         c.   Site plan accurately depicting the location of proposed chicken enclosure structures and materials to be used in the construction.

         d.   Indication of locations for lights, switches, GFI outlets, and heat sources, or other components utilizing electricity.

      4.   The permit and registration are non-transferable and shall only be valid for the applicant and location for which it is originally issued.

      5.   Registration must be renewed annually no later than March 1 of each year.

      6.   If required by a homeowner's association, a letter of approval from the HOA must be submitted.

   C.   Code Requirements:

      1.   Domestic chickens may be kept within the City only on property zoned and occupied for single family residential use.

      2.   All domestic chickens shall be kept in the rear yard of the permitted location and must be kept in the enclosure from dusk till dawn.

      3.   Chickens may be allowed outside the enclosure only between dawn and dusk and only if the enclosure is surrounded by a fence not less than four (4) feet in height.

      4.   Chicken coops and pens cannot be placed inside of any easement.

      5.   Chicken coop and pen (enclosure) shall be considered an accessory structure and shall meet the zoning requirements of the zoning district in which it is located.

      6.   Enclosures shall be located at least thirty (30) feet from any occupied residence (other than that of the owner), or retail business I commercial building on an adjoining property.

      7.   Chicken enclosure shall be positioned at least ten (10) feet from the primary residential structure located on the same lot.

      8.   The total size of the enclosure shall not exceed two hundred and fifty-six (256) square feet, nor occupy greater than twenty-five percent (25%) of the rear yard.

      9.   A foundation is not required, but the resident must indicate what the coop will be bearing (resting) on and how the coop will be anchored to the ground.

      10.   BPZ staff will review proposed chicken enclosure plans to verify that the chicken enclosure will be located in compliance with the setbacks and other restrictions of municipal code.

      11.   For renter occupied units, the property owner must sign the application to demonstrate the property owner's approval.

      12.   A building permit from the City of Plano is required for the chicken coop.

      13.   All electrical work must comply with applicable National Electrical Code (NEC).

      14.   Electric service to chicken enclosures shall not be provided by an extension cord.

      15.   Subsequent to approval for residential chicken keeping, the owner will notify code enforcement upon commencement of chicken keeping on their property as well as upon the termination of chicken keeping.

   D.   Number and Type of Animals Permitted: Only the keeping of hens is permitted. The keeping of roosters is expressly prohibited. No more than six (6) hens are permitted.

   E.   Confinement:

      1.   All domestic chickens shall be provided a coop and a pen. The coop and pen must adhere to the following size requirements:

 

      2.   The additional minimum size requirements shall also apply:

         a.   Coops must provide no less than four (4) square feet of area per chicken.

         b.   Coops must provide at least one nesting box for every three (3)   chickens.

         c.   Coops must provide at least ten inches (10") of roosting space for each chicken.

         d.   Pens must provide no less than eight (8) square feet of area per chicken.

      3.   The coop shall be constructed of wood or composite material, no metal. The pen shall be adjoining the coop or may be contained in the pen and be constructed of wood or composite material and metal. The enclosure will be constructed in a manner to be predator proof. No barbed wire or razor wire is permitted.

      4.   The exterior of the coop and pen shall be neatly maintained at all times-free of rot, peeling paint, rusting metal, or other hazardous or unsightly conditions.

   F.   Nuisance:

      1.   No person shall allow chickens to produce noise loud enough to disturb the peace of persons of reasonable sensitivity.

      2.   Chicken feed shall be kept in rodent proof containers at all times.

      3.   Slaughter is prohibited.

      4.   Hatching is prohibited.

      5.   Animal breeding is prohibited.

      6.   The enclosure shall be neatly maintained, free of undue accumulation of waste such as to cause odors detectable to adjacent properties.

   G.   Penalties:

      1.   Persons already having chickens as of the effective date of this chapter shall have one hundred and twenty (120) days to bring their property into compliance with this chapter.

      2.   Failure to notify Code Enforcement or failure to allow inspection shall constitute a violation of the city code and shall be punishable by a fine not less than fifty five dollars ($55.00) plus hearing costs, the amount to be established by the code enforcement officer, peace vofficer, or local adjudicator.

      3.   Violation of any standard in this Section shall be punishable by a fine not less than fifty five dollars ($55.00) plus court costs, such fine to be established by code enforcement officer, peace officer, or local adjudicator. Each day a violation continues shall be considered a separate offense.

      4.   Three (3) violations of this ordinance on a property within any twelve (12} month period could result in loss of permission to keep chickens on the property. Keeping of chickens after permission has been revoked shall be punishable by a fine not to exceed seven hundred and fifty dollars ($750.00) per violation per day plus court costs, such fine to be established by the code enforcement officer, peace officer, or local adjudicator. Each day a violation continues shall be considered a separate offense. (Ord. 2023-26, 12-11-2023)

The following acts, conduct and conditions are hereby declared and defined to constitute disorderly conduct, and when committed, performed or permitted to exist by any person within the territorial limits of the City, are herewith declared to be unlawful and prohibited.

A person commits disorderly conduct when he knowingly:

   A.   Does any act in such unreasonable manner as to provoke, make or aid in the making of a breach of the peace; or

   B.   Resists or obstructs the performance by one who may reasonably be believed to be a police officer or any authorized act within such officer's official capacity; or

   C.   Assembles with three (3) or more persons for the purpose of using force or firearms unlawfully to disturb the public peace; or

   D.   Fails to obey a lawful order of dispersal by any person who may reasonably be believed to be a police officer, where three (3) or more persons are committing acts of disorderly conduct in the immediate vicinity, which acts are likely to cause substantial harm or serious inconvenience, annoyance or alarm; or

   E.   Enters upon any school property, public or private, within the City at any time when other persons are present on such school property, for the purpose or with the intention of making or doing any unreasonable or offensive act, utterance, gesture or display; or

   F.   Enters upon any school property, public or private, within the City at any time when other persons are present on such school property, and while thereon makes or does any unreasonable or offensive act, utterance, gesture or display which disrupts or interferes with or tends to disrupt or interfere with administrative functions, educational classes or social and athletic activities then and there in progress; or

   G.   Resists any officer of the Police Department of the City in the discharge of his duties or in any way interferes with, hinders or prevents him from discharging his duty as such officer, or offers or endeavors to assist any person in the custody of any member of the Police Department to escape from such custody, or attempts to rescue any person in such custody; or

   H.   Creates a disturbance of public order by an act of violence or by an act likely to produce violence; or

   I.   Engages in fighting, threatening or tumultuous behavior; or

   J.   Hinders or molests persons passing along any street, sidewalk, crosswalk or other public way; or

   K.   Annoys or causes injury to any person on any street or sidewalk or other public place by placing any obstruction upon or across the same or by jeering at or deriding or in any other manner with intent to annoy and cause discomfort or inconvenience to any person in the lawful and orderly pursuit of his business or pleasure in a street or public place; or

   L.   Crowds, jostles, scolds, insults, threatens, assaults, beats, strikes, kicks, injures or annoys or disturbs any person in any street or public place, or injures, tears, destroys, spits on or soils the wearing apparel of any person in any such place; or

   M.   Loiters, sits or stands around the entrance of any church, theater, public building or other place of public assemblage, or in any manner so as to unreasonably obstruct such entrance; or

   N.   Places or erects upon any public way an obstruction of any type except temporary barriers or warning signs placed thereon for the purpose of safeguarding the public against any hazard; or

   O.   Disturbs, threatens or in any insolent manner, intentionally damages any occupied house or vehicle; or

   P.   Engages in fighting, loud shouting or other tumultuous behavior within the chambers of the city council during any regularly or specially convened meeting of the city council or any subcommittee thereof; or

   Q.   Engages in the smoking of any cigarette, pipe, and/or cigar within the chambers of the city council during any regular or specially convened meeting of the city council; or

   R.   Intentionally inhales vapor or fumes or any substance which induces euphoria, hallucinations or intoxication, except as otherwise provided by law; or

   S.   Visits or resorts to any place wherein the inhaling of vapors or fumes or any substance which induces euphoria, hallucinations or intoxication is being conducted, practiced or carried on illegally therein; or

   T.   Makes continuous or causes to be made by the use of any horn, bell, radio, loudspeaker or by operation of any other instrument or device, any noise or noises, which noise or noises are of such character, intensity and duration as to disturb the peace and quiet of the city or any portion thereof or to be detrimental to the life and health of any individual. (Ord. 1980-3, 3-24-1980)

Any person violating any of the provisions of this section shall, upon conviction, be fined as provided for in section 1-4-1 of this code. (Ord. 1980-3, 3-24-1980; amd. 1989 Code)

It shall be unlawful for any two (2) or more persons to congregate on any street, alley or sidewalk and engage in singing, preaching, praying, exhorting or loud talking to the disturbance of any citizen or family and to the obstruction or blockading of any street, alley or sidewalk within the corporate limits of the city.

Any two (2) or more persons who shall be found loitering, standing or congregated upon any street, alley or sidewalk to the obstruction of such street, alley or sidewalk, and who refuse to disperse when requested so to do by any member of the police force shall, upon conviction, be severally guilty of a misdemeanor.

Any person or persons who, after being warned by any police officer, shall congregate with another or others on any street, sidewalk or public way in the city in such a manner so as to impede, obstruct or halt the free passage of vehicular or pedestrian traffic, shall be guilty of a misdemeanor. This prohibition shall not apply to a person or persons lawfully engaged in any authorized parade, march, funeral procession or assembly. (Ord. 1976-8)

Any person found guilty of violating this section shall be liable to a fine as provided in section 1-4-1 of this code. (Ord. 1976-8; amd. 1989 Code)

Any person or persons who shall, without authority, mark, deface, injure, meddle with or destroy any of the fire hydrants of the city, or the valves, pipes, or other connections or appurtenances thereto, or shall work or operate them, or attempt to do so, shall be subject to a fine as provided in section 1-4-1 of this code. (Ord. 4-13-20; amd. 1989 Code)

No person shall drink any alcoholic liquor on any public street or alley within the city. (Ord. 1962-15; amd. Ord. 1968-5, 9-9-1968)

It shall be the duty of the city police to patrol the public highways and to make arrests for violation of the provisions of this section and any person violating any of the provisions of this section shall be fined as provided in section 1-4-1 of this code. (Ord. 1962-15; amd. 1989 Code)

All of the provisions of the Illinois child curfew act, 720 Illinois Compiled Statutes 555/1, as amended from time to time, are adopted and incorporated into this code as though fully set forth herein verbatim. All prosecutions for any violations of the child curfew act shall be in accordance with the provisions of 720 Illinois Compiled Statutes 555/1. (Ord. 2009-10, 3-23-2009)

   A.   The dumping, piling, pushing, or otherwise placing of measurable and significant amounts of snow in public streets and roadways within the corporate limits of the city is a safety hazard and shall be prohibited.

   B.   No person or entity shall dump, pile, push or otherwise place snow onto the public streets and roadways within the city corporate limits, or authorize, direct or cause snow to be dumped, piled, pushed or otherwise placed onto the public streets and roadways within the city, or allow snow to be removed from one's premises and dumped, piled, pushed or otherwise placed onto public streets and roadways within the city except on a temporary basis while in the process of shoveling, plowing or otherwise removing snow.

   C.   It is a violation of this section for any person or entity who owns, rents, or otherwise occupies or has control over any property fronting on any public street or roadway from which abutting property snow has been dumped, piled or pushed or otherwise placed, other than by municipal governmental employees in the course of their employment while plowing the public streets and roadways, to fail, or refuse to remove the snow from in front of the property within twenty four (24) hours after receiving notice and direction to remove the snow by a city code enforcement officer, a police officer or other authorized city agent or employee.

   D.   Snow which has been dumped, piled, pushed or otherwise placed onto the municipal streets and roadways of the city is significant in amount when it impedes, tends to impede, or is likely to impede the free flow of traffic over, on, onto, or entering or exiting from the paved portion of the public streets and roadways of the city.

   E.   Snow shall be considered to have been dumped, piled, pushed or otherwise placed onto a public street or roadway when the snow is dumped, piled, pushed or otherwise placed in between the curbing, on streets and roadways which are curbed, or onto the paved surface of streets or roadways which are not curbed and left to remain for any period of time other than in the actual process of shoveling, plowing or removing snow.

   F.   For purposes of this section, the word "snow" shall include snow, ice, slush and water in any solid or semisolid form.

   G.   It shall not be a violation of this section to fail to remove snow that is left on the public streets and roadways as a result of plowing by any governmental agency; nor shall this section be read to require anyone to remove snow which has accumulated naturally in the public streets and roadways.

   H.   Any person, firm or corporation violating this section shall be punished by a fine not to exceed one hundred fifty dollars ($150.00). Each day a violation occurs or continues shall be deemed a separate offense. (Ord. 2010-2, 1-25-2010)

   A.   Definitions:

   CONSUMER FIREWORKS: Those fireworks that must comply with the construction, chemical composition, and labeling regulations of the U.S. consumer products safety commission, as set forth in 16 CFR parts 1500 and 1507, and classified as fireworks UN0336 or UN0337 by the United States department of transportation under 49 CFR 172.101.

      "Consumer fireworks" shall not include snake or glowworm pellets; smoke devices; trick noisemakers known as "party poppers", "booby traps", "snappers", "trick matches", "cigarette loads", and "auto burglar alarms"; sparklers, toy pistols, toy canes, toy guns, or other devices in which paper or plastic caps containing twenty five hundredths (25/100) grain or less of explosive compound are used, provided they are so constructed that the hand cannot come in contact with the cap when in place for the explosion; and toy pistol paper or plastic caps that contain less than twenty hundredths (20/100) grain of explosive mixture.

   DISPLAY FIREWORKS: 1.3G or special effects fireworks or as further defined in the pyrotechnic distributor and operator licensing act.

   1.3G FIREWORKS: Those fireworks used for professional outdoor displays and classified as fireworks UN0333, UN0334, or UN0335 by the United States department of transportation under 49 CFR 172.101.

   B.   Fireworks Prohibited: It shall be unlawful for any person to sell, keep, expose for sale, loan or give away any 1.3G fireworks, consumer fireworks, or display fireworks, anywhere in the city. (Ord. 2015-8, 3-23-2015)

   C.   Possession Of Fireworks:

      1.   It shall be unlawful for any person to possess or to discharge anywhere in the city any 1.3G fireworks, consumer fireworks, or display fireworks. It shall be noted that some 1.4G fireworks are acceptable if the appropriate criteria is met by those in possession of the fireworks.

      2.   For purposes of enforcing this chapter, evidence of fireworks paraphernalia or other fireworks related debris which is found on the property shall be conclusive evidence that the activities set forth in this chapter have occurred and the property owner and/or lessee of such property shall be deemed responsible for such activities and may be subject to the penalties set forth in this chapter. (Ord. 2016-37, 12-12-2016)

   D.   Permitted Fireworks: The sale and use of snake or glowworm pellets; smoke devices; trick noisemakers known as "party poppers", "booby traps", "snappers", "trick matches", "cigarette loads", and "auto burglar alarms"; sparklers, toy pistols, toy canes, toy guns, or other devices in which paper or plastic caps containing twenty five hundredths (25/100) grain or less of explosive compound are used, provided they are so constructed that the hand cannot come in contact with the cap when in place for the explosion; and toy pistol paper or plastic caps that contain less than twenty hundredths (20/100) grain of explosive mixture, shall be permitted at all times.

   E.   Approved Consumer Fireworks: As defined by the act, all consumer fireworks must comply with the construction, chemical composition, and labeling regulations of the U.S. consumer products safety commission, as set forth in 16 CFR parts 1500 and 1507, and classified as fireworks UN0336 or UN0337 by the United States department of transportation under 49 CFR 172.101. In addition to complying with this definition, the office of the Illinois state fire marshal and the city of Plano requires consumer fireworks meet the following requirements to be approved by this office:

      1.   The consumer fireworks must be labeled 1.4G consumer or must be 1.4S fireworks intended for outdoor consumer use.

      2.   The American Fireworks Standards Laboratory must have inspected the consumer fireworks. It is the consumer distributor's and consumer retailer's responsibility to ensure that the consumer fireworks he or she distributes, sells, offers for sale, exchanges for consideration, transfers, or provides have been AFSL tested. The consumer distributor and the consumer retailer shall maintain records verifying that such testing has occurred on the consumer fireworks he or she distributes, sells, offers for sale, exchanges for consideration, transfers, or provides.

      3.   The consumer fireworks must be ground mounted. No handheld consumer fireworks shall be approved.

   F.   Other Approved Consumer Fireworks: Cones including showers of sparks, fountains, and repeaters are acceptable. Single tube fountains must not contain more than seventy five grams (75 g) total of pyrotechnic composition. Cone fountains must not contain more than fifty grams (50 g) total of pyrotechnic composition. Multiple tube fountains must not contain more than two hundred grams (200 g) total of pyrotechnic composition. Mines, comets, tubes, shells, fancy florals, and parachutes are also acceptable. These items are firework devices designed to produce low level aerial effects, which are propelled into the air by a lift charge. These items contain a maximum of forty grams (40 g) of chemical composition and no more than twenty (20) grains of lift charge.

   G.   Registration: Consumer fireworks retailers/distributors registered with OSFM may sell approved consumer fireworks to consumers who have and display a valid fireworks permit, issued by the city of Plano.

   H.   Prohibited Consumer Fireworks:

      1.   OSFM prohibits all consumer fireworks unless they meet the above listed approval requirements. Prohibited consumer fireworks include, but are not limited to, the following:

         a.   Handheld fireworks.

         b.   Bottle rockets.

         c.   Firecrackers of any size or type.

         d.   Skyrockets.

         e.   Roman candles.

         f.   Chasers.

         g.   Buzz bombs.

         h.   Ground items other than those identified as approved.

         i.   Helicopters.

         j.   Missiles.

         k.   Pinwheels or any other twirling device.

         l.   Planes.

         m.   Sky lanterns, the type of balloon which requires fire to propel.

   I.   City Sanctioned Fireworks Display: City sanctioned professional and consumer grade fireworks displays must be approved by the city council, the police chief, and the Little Rock-Fox fire protection district. Any person, business, or unit of local government that puts on a pyrotechnic display using display fireworks must hire an Illinois state fire marshal licensed pyrotechnic distributor. The person who is the actual person responsible for setting off the pyrotechnic display must have a pyrotechnic operator's license.

      1.   The following minimum requirements must be met to obtain a local permit:

         a.   The applicant must submit a written application at least thirty (30) days prior to the pyrotechnic display date.

         b.   The pyrotechnic display service is provided by a licensed pyrotechnic distributor and the display is conducted by a licensed lead pyrotechnic operator.

         c.   The applicant must show proof of liability insurance in a sum not less than one million dollars ($1,000,000.00) with an insurance company authorized to do business in Illinois.

         d.   The applicant must enter into a hold harmless agreement with the city of Plano.

         e.   The fire chief of the local jurisdiction or his/her designee must inspect the display site and ensure the display can be performed in full compliance with the NFPA standards adopted and amended by the OSFM rules part 235, for the type of pyrotechnic display to be performed.

         f.   The fire chief providing fire protection must sign the display permit.

         g.   The display must be performed in compliance with the rules adopted by the OSFM and the rules and regulations adopted by the city of Plano.

   J.   Violations And Penalties: Local enforcement of this section shall be in accordance with the provisions of title 1, chapter 14, "Administrative Adjudication", of this code. It is intended that the schedule of fines and costs and collection fees for administrative adjudication, in force, from time to time, shall, except as otherwise provided herein, apply to all violations of this section. (Ord. 2015-8, 3-23-2015)

   A.   Prohibited: It shall be unlawful for any student under the age of eighteen (18) years who is enrolled in a public, private, or parochial school to absent himself or herself from attendance at school during such period when public, private or parochial schools are in session without parental permission or valid cause.

   B.   Valid Cause: A valid cause for absence from school shall include illness, observance of a religious holiday, death of immediate family member, family emergency or any other situation beyond the control of the student as determined by the board of education in each district, or such other circumstances which cause reasonable concern to the parent for the safety or health of the student.

   C.   Parental Permission: Parental permission, as required by this section, shall refer to and include permission obtained from a parent, legal guardian or other adult person standing in loco parentis and having custody and control over such person under the age of eighteen (18) years.

   D.   Violators: Violators of this section over the age of thirteen (13) years may be subject to a fine or community service, or both. If the violator is under thirteen (13) years of age, the parent or custodian of the violator is subject to the fine or community service, or both.

   E.   Violations And Penalties: Local enforcement of this section shall be in accordance with the provisions of title 1, chapter 14, "Administrative Adjudication", of this code. It is intended that the schedule of fines and costs and collection fees for administrative adjudication, in force, from time to time, shall, except as otherwise provided herein, apply to all violations of this section. (Ord. 2014-43, 11-10-2014)

   A.   Definitions: For the purpose of this section, the words and phrases defined in this subsection have the meanings ascribed to them unless a contrary meaning is clear from the context.

   CONCEAL: To "conceal" merchandise means that, although there may be some notice of its presence, that merchandise is not visible through ordinary observation.

   FULL RETAIL VALUE: The merchant's stated or advertised price of the merchandise.

   MERCHANDISE: Any type of tangible personal property.

   MERCHANT: An owner or operator of any retail establishment or any agent, employee, lessee, consignee, officer, director, franchise, or independent contractor of such owner or operator.

   MINOR: A person, who is less than eighteen (18) years of age, is unemancipated and resides with his parents or legal guardian.

   PEACE OFFICER: Any person who by virtue of his office or public employment is vested by law with a duty to maintain public order to make arrests for offenses whether that duty extends to all offenses or is limited to specific offenses.

   PREMISES OF A RETAIL MERCANTILE ESTABLISHMENT: Includes, but is not limited to, the retail mercantile establishments, any common use areas in shopping centers and all parking areas set aside by a merchant for the parking of vehicles for the convenience of the patrons of such retail mercantile establishment.

   SHOPPING CART: Those pushcarts of the type or types which are commonly provided by grocery stores, drugstores, or other retail establishments for the use of the public in transporting commodities in stores and markets, and, incidentally, from stores to a place outside the store.

   UNDER RING: To cause the cash register or other sales recording devices to reflect less than the full retail value of the merchandise.

   B.   Offense Of Retail Theft: A person commits the offense of retail theft when he knowingly:

      1.   Takes possession of, carries away, transfers or causes to be carried away or transferred, any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment with the intention of retaining such merchandise or with the intention of depriving the merchant permanently of the possession, use or benefit of such merchandise without paying the full retail value of such merchandise; or

      2.   Alters, transfers, or removes any label, price tag, marking, indicia of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored, or offered for sale, in a retail mercantile establishment and attempts to purchase such merchandise personally or in consort with another at less than the full retail value with the intention of depriving the merchant of the full retail value of such merchandise; or

      3.   Transfers any merchandise displayed, held, stored or offered for sale, in a retail mercantile establishment from the container in or on which such merchandise is displayed to any other container with the intention of depriving the merchant of the full retail value of such merchandise; or

      4.   Under rings with the intention of depriving the merchant of the full retail value of the merchandise; or

      5.   Removes a shopping cart from the premises of a retail mercantile establishment without the consent of the merchant given at the time of such removal with the intention of depriving the merchant permanently of the possession, use or benefit of such cart; or

      6.   Represents to a merchant that he or another is the lawful owner of property, knowing that such representation is false, and conveys or attempts to convey that property to a merchant who is the owner of the property in exchange for money, merchandise credit or other property of the merchant; or

      7.   Uses or possesses any theft detection shielding device or theft detection device remover with the intention of using such device to deprive the merchant permanently of the possession, use or benefit of any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment without paying the full retail value of such merchandise; or

      8.   Obtains or exerts unauthorized control over property of the owner and thereby intends to deprive the owner permanently of the use or benefit of the property when a lessee of the personal property of another fails to return it to the owner, or if the lessee fails to pay the full retail value of such property to the lessor in satisfaction of any contractual provision requiring such, within ten (10) days after written demand from the owner for its return. A notice in writing, given after the expiration of the leasing agreement, by registered mail, to the lessee at the address given by the lessee and shown on the leasing agreement shall constitute proper demand.

   C.   Presumptions: If any person:

      1.   Conceals upon his person or among his belongings, unpurchased merchandise displayed, held, stored or offered for sale in a retail mercantile establishment; and

      2.   Removes that merchandise beyond the last known station for receiving payments for that merchandise in that retail mercantile establishment, such person shall be presumed to have possessed, carried away or transferred such merchandise with the intention of retaining it or with the intention of depriving the merchant permanently of the possession, use or benefit of such merchandise without paying the full retail value of such merchandise.

   D.   Detention: Any merchant who has reasonable grounds to believe that a person has committed retail theft may detain such person, on or off the premises of a retail mercantile establishment, in a reasonable manner and for a reasonable length of time for all or any of the following purposes:

      1.   To request identification.

      2.   To verify such identification.

      3.   To make reasonable inquiry as to whether such person has in his possession unpurchased merchandise, and to make reasonable investigation of the ownership of such merchandise.

      4.   To inform a peace officer of the detention of the person and surrender that person to the custody of a peace officer.

      5.   In the case of a minor, to inform a peace officer, the parents, guardian, or other private person interested in the welfare of that minor of this detention and to surrender custody of such minor to such person.

   A merchant may make a detention as permitted herein off the premises of a retail mercantile establishment only if such a detention is pursuant to an immediate pursuit of such person.

   E.   Affirmative Defense: A detention as permitted in this section does not constitute an arrest or an unlawful restraint, as defined in 720 Illinois Compiled Statutes 5/10-3, nor shall it render the merchant liable to the persons so detained.

   F.   Value Of Goods: This section shall apply to goods having a value or full retail of one hundred fifty dollars ($150.00) or under.

   G.   Violations And Penalties: Local enforcement of this section shall be in accordance with the provisions of title 1, chapter 14, "Administrative Adjudication", of this code. It is intended that the schedule of fines and costs and collection fees for administrative adjudication, in force, from time to time, shall, except as otherwise provided herein, apply to all violations of this section. (Ord. 2014-45, 11-10-2014)

   A.   Adoption: There is hereby adopted that certain code identified as the Illinois criminal code, more particularly 720 Illinois Compiled Statutes, and as the same may hereafter be revised by the state legislature or amended by the governing body, and the same is hereby adopted and incorporated as an ordinance of the city as fully as though set forth at length herein.

   B.   Copies: Three (3) copies of the said state law, together with any revisions or amendments, duly certified by the city clerk, shall be kept on file in the office of the city clerk for use and examination of and by the public.

   C.   Citation: Citation to the ordinance violation of the section of the Illinois criminal code adopted in subsection A of this section, shall be by citation to chapter "9-3-10-  " with the section number being the same as the section number for that offense in the Illinois criminal code.

   D.   Violations And Penalties: Local enforcement of this section shall be in accordance with the provisions of title 1, chapter 14, "Administrative Adjudication", of this Code. It is intended that the schedule of fines and costs and collection fees for administrative adjudication, in force, from time to time, shall, except as otherwise provided herein, apply to all violations of this section. (Ord. 2014-44, 11-10-2014)

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:

CANNABIS: For the purposes of this chapter, cannabis shall include marijuana, hashish and other substances which are identified as including any parts of the plant Cannabis sativa whether growing or not, the seeds thereof, the resin extracted from any part of such plant, and any compound, manufacture, salt, derivative, mixture or preparation of such plant, its seed or resin, including tetrahydrocannabinol (THC) and all other cannabinol derivatives, including its naturally occurring or synthetically produced ingredients, whether produced directly or indirectly by extraction, independently by means of chemical synthesis or by a combination of extraction and chemical synthesis, but shall not include the mature stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of such plant which is incapable of germination.

Nothing in this section shall apply to cannabis lawfully consumed or dispensed pursuant to 410 Illinois Compiled Statutes 130 et seq. (Compassionate Use of Medical Cannabis Pilot Program Act).

DRUG PARAPHERNALIA: All equipment, products and materials of any kind, other than methamphetamine manufacturing materials as defined in section 10 of the Methamphetamine Control and Community Protection Act, which are intended to be used unlawfully in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body cannabis in violation of the Cannabis Control Act. It includes, but is not limited to:

   A.   Kits intended to be used unlawfully in manufacturing, compounding, converting, producing, processing or preparing cannabis;

   B.   Isomerization devices intended to be used unlawfully in increasing the potency of any species of plant which is cannabis;

   C.   Testing equipment intended to be used unlawfully in a private home for identifying or in analyzing the strength, effectiveness or purity of cannabis;

   D.   Diluents and adulterants intended to be used unlawfully for cutting cannabis by a private person;

   E.   Objects intended to be used unlawfully in ingesting, inhaling or otherwise introducing cannabis; where applicable, the following items:

      1.   Water pipes;

      2.   Carburetion tubes and devices;

      3.   Smoking and carburetion masks;

      4.   Miniature cocaine spoons and cocaine vials;

      5.   Carburetor pipes;

      6.   Electric pipes;

      7.   Air driven pipes;

      8.   Chillums;

      9.   Bongs;

      10.   Ice pipes or chillers;

   F.   Any item whose purpose, as announced or described by the seller, is for use in violation of this chapter. (Ord. 2018-2, 1-8-2018)

It shall be unlawful for any person to knowingly possess, grow, sell, give away, barter, deliver, exchange, distribute and administer cannabis in an amount of less than ten grams (10 g) within the City of Plano. A separate offense shall be deemed committed on each day during which a violation occurs or continues. Violations involving amounts of ten grams (10 g) or more shall be charged and prosecuted under State law and prosecuted in the Circuit Court. (Ord. 2018-2, 1-8-2018)

It shall be unlawful for any person to knowingly possess an item of "drug paraphernalia" as described above, with the intent to use it in ingesting, inhaling, or otherwise introducing cannabis into the human body, or in preparing cannabis for that use shall be subject to a Class IV fine. (Ord. 2018-2, 1-8-2018)

All substances containing "cannabis" and any associated "drug paraphernalia", as defined above, which have been seized as a result of violations hereunder, whether or not there is a conviction, shall be subject to forfeiture and the Chief of Police or their designee is directed to take custody of said forfeited property and remove it for disposition in accordance with the law. (Ord. 2018-2, 1-8-2018)

   A.   Any person who admits liability/guilt or is found liable/guilty by a preponderance of the evidence in an administrative hearing for violating any paragraph of this chapter shall be subject to an administrative adjudication Class IV fine (mandatory court and $250.00 fine if found liable), plus applicable hearing costs. (Ord. 2018-2, 1-8-2018)

For the purpose of this chapter, the following words shall have the meanings ascribed to them in this section:

ABANDONED VEHICLE: All motor vehicles or other vehicles in a state of disrepair rendering the vehicle incapable of being driven in its condition; or any motor vehicle or other vehicle that has not been moved or used for seven (7) consecutive days or more and is apparently deserted.

ANTIQUE VEHICLE: Any motor vehicle or other vehicle twenty five (25) years of age or older.

HIGHWAY: Any street, alley or public way within the city.

INOPERABLE MOTOR VEHICLE: A motor vehicle, the engine, wheels, or other parts of which have been altered, damaged or otherwise so treated that the vehicle is incapable of being driven under its own motor power. It shall be presumed that any motor vehicle without a current vehicle registration plate is an inoperable motor vehicle. However, this presumption shall not be construed as limiting the introduction of any relevant and competent evidence bearing upon the question of whether or not the vehicle can be driven under its own power. The phrase shall not include a motor vehicle which has been rendered temporarily incapable of being driven under its own power in order to perform ordinary service or repair service. (1989 Code; amd. Ord. 2015-5, 2-23-2015)

The abandonment of a motor vehicle or other vehicle or any part thereof on any highway in this municipality is unlawful and subject to penalties as set forth herein. The abandonment of a motor vehicle or other vehicle or any part thereof on private or public property, other than a highway, in view of the general public, anywhere in this municipality is unlawful. A motor vehicle or other vehicle or any part thereof so abandoned on private property may be authorized for removal by or upon the order of the chief of the police department of the municipality after a waiting period of seven (7) days or more has expired. (Ord. 1971-2; amd. 1989 Code)

When an abandoned, lost, stolen or unclaimed motor vehicle or other vehicle comes into the temporary possession or custody of a person in this state, not the owner of the vehicle, such person shall immediately notify the municipal police department when the vehicle is within the corporate limits of the municipality. Upon receipt of such notification, the chief of the municipal police department shall authorize a towing service to remove and take possession of the abandoned, lost, stolen or unclaimed motor vehicle or other vehicle. The towing service will safely keep the towed vehicle and its contents, maintain a record of the tow until the vehicle is claimed by the owner or any other person legally entitled to possession thereof, or until it is disposed of as provided in this chapter. (Ord. 1971-2)

   A.   When a motor vehicle or other vehicle is abandoned on a highway in this municipality ten (10) hours or more, its removal by a towing service may be authorized by order of the chief of the police department of this municipality.

   B.   When an abandoned, unattended, wrecked, burned or partially dismantled motor vehicle or other vehicle is creating a traffic hazard because of its position in relation to the highway or its physical appearance is causing the impeding of traffic, its immediate removal from the highway by a towing service may be authorized by order of the chief of the police department.

   C.   When vehicle removal from either public or private property is authorized by order of the police chief, the owner of the vehicle will be responsible for all towing costs.

   D.   When a motor vehicle or other vehicle is authorized to be towed away, the police department shall keep and maintain a record of the vehicle towed, listing the color, year of manufacture, manufacturer's trade name, manufacturer's series name, body style, vehicle identification number and license plate year and number displayed on the vehicle. The record shall also include the date and hour of tow, location towed from, location towed to, reason for towing and the name of the officer authorizing the tow. (Ord. 1971-2)

   A.   When the municipal police department does not know the identity of the registered owner or other legally entitled person, it will cause the motor vehicle registration records of the state of Illinois to be searched by a directed communication to the secretary of state for the purpose of obtaining the required ownership information.

   B.   The police department will cause the stolen motor vehicle files of the Illinois state police to be searched by a directed communication to the Illinois state police for stolen or wanted information on the vehicle. When the Illinois state police files are searched with negative results, the information contained in the national crime information center (NCIC) files will be searched by the Illinois state police. The information determined from these record searches will be used by the police department in sending a notification by certified mail to the owner or legally entitled person advising where the vehicle is held, requesting a disposition be made and setting forth public sale information.

   C.   When the registered owner or other person legally entitled to the possession of a motor vehicle or other vehicle cannot be identified from the registration files of this state or from the registration files of a foreign state, if applicable, the police department shall notify the Illinois state police for the purpose of identifying the vehicle's owner or other person legally entitled to the possession of the vehicle. The information obtained by the Illinois state police will be immediately forwarded to the law enforcement agency having custody of the vehicle for notification of owner. (Ord. 1971-2)

Any time before a motor vehicle or other vehicle is sold at public sale or disposed of as provided herein, the owner or other person legally entitled to its possession may reclaim the vehicle by presenting to the police department proof of ownership or proof of the right to possession of the vehicle. No vehicle shall be released to the owner or other person under this section until all towing and storage charges have been paid. (Ord. 1971-2)

   A.   Owner Notified, Public Sale: Whenever an abandoned, lost, stolen or unclaimed motor vehicle or other vehicle, seven (7) years of age or newer, remains unclaimed by the registered owner or other person legally entitled to its possession for a period of thirty (30) days after notice has been given as provided herein, the police department having possession of the vehicle shall cause it to be sold at public sale to the highest bidder. Notice of the time and place of the sale shall be posted in a conspicuous place for at least ten (10) days prior to the sale on the premises where the vehicle has been impounded. At least ten (10) days prior to the sale, the police department shall cause a

notice of the time and place of the sale to be sent by certified mail to the registered owner or other person known by the police department or towing service to be legally entitled to the possession of the vehicle. Such notice shall contain a complete description of the vehicle to be sold and what steps must be taken by any legally entitled person to reclaim the vehicle. In those instances where the certified notification specified herein has been returned by the postal authorities to the police department due to the addressee having moved, or being unknown at the address obtained from the registration records of this state, the sending of a second certified notice will not be required.

   B.   Owner Unknown, Vehicle Sold Or Junked:

      1.   When the identity of the registered owner or other person legally entitled to the possession of an abandoned, lost or unclaimed vehicle of seven (7) years of age or newer cannot be determined by any means provided for in this chapter, the vehicle may be sold as provided herein or disposed of in the manner authorized by this chapter without notice to the registered owner or other person legally entitled to the possession of the vehicle.

      2.   When an abandoned vehicle of more than seven (7) years of age is impounded as specified by this chapter, it will be kept in custody for a minimum of ten (10) days for the purpose of determining ownership, the contacting of the registered owner by the U.S. mail, public service or in person for a determination of disposition; and, an examination of the Illinois state police stolen motor vehicle files for theft and wanted information. At the expiration of the ten (10) day period, without the benefit of disposition information being received from the registered owner, the chief of police will authorize the disposal of the vehicle as junk only.

   C.   Record Of Sale Or Disposal: When a motor vehicle or other vehicle in the custody of the police department is reclaimed by the registered owner or other legally entitled person, or when the vehicle is sold at public sale or otherwise disposed of as provided in this chapter, a report of the transaction will be maintained by the police department for a period of one year from the date of the sale or disposal.

   D.   Proceeds Of Sale: When a vehicle located within the corporate limits of this municipality is authorized to be towed away by the chief of police and disposed of as set forth in this chapter, the proceeds of the public sale or disposition after the deduction of towing, storage and processing charges shall be deposited in the municipal treasury. (Ord. 1971-2)

The parking or storing of any inoperable motor vehicle in the open on any property within the city is hereby declared to be a nuisance. This section shall not apply to: a) motor vehicles on the premises of a place of business engaged in wrecking or junking motor vehicles; or b) motor vehicles that are kept within a building. (1989 Code)

Any police officer, towing service owner, operator or employee shall not be held to answer or be liable for damages in any action brought by the registered owner, former registered owner, or his legal representative, or any other person legally entitled to the possession of a motor vehicle or other vehicle when the vehicle was processed and sold or disposed of as provided by this chapter. (Ord. 1971-2)

Any person violating any provision of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined as provided in section 1-4-1 of this code. (Ord. 1971-2; amd. 1989 Code; Ord. 2011-25, 9-26-2011)

When used in this Chapter the following words and terms shall have the meanings ascribed to them in this Section:

CIVIL EMERGENCY: A civil emergency is hereby defined to be:

   A.   A riot or unlawful assembly characterized by the use of actual force or violence or any threat to use force if accompanied by immediate power to execute by three (3) or more persons acting together without authority of law; or

   B.   Any natural disaster or manmade calamity, including flood, conflagration, cyclone, tornado, earthquake or explosion within the corporate limits of the City, resulting in the death or injury of persons or the destruction of property to such an extent that extraordinary measurers must be taken to protect the public health, safety and welfare.

CURFEW: A prohibition against any person or person walking, running, loitering, standing or motoring upon any alley, street, highway, public property or vacant premises within the corporate limits of the City, excepting officials of any governmental unit and persons officially designated to duty with reference to said civil emergency.

Whenever an emergency as defined in Section 9-5-1 of this Chapter exists, the Mayor shall declare the existence by means of a written declaration setting forth the facts which constitute the emergency.

The proclamation herein authorized shall be effective for a period of forty eight (48) hours unless sooner terminated by a proclamation of the Mayor indicating that the civil emergency no longer exists. The Mayor shall have the power to reproclaim the existence of a civil emergency at the end of each forty eight (48) hour period during the time the said civil emergency exists.

Upon issuing the proclamation herein authorized, the Chief of Police shall notify the news media situated within the City, and shall cause three (3) copies of the proclamation declaring the existence of the emergency to be posted at the following places within the City:

   The City Hall

   The Police Station

   The Post Office

After proclamation of a civil emergency by the Mayor he may order a general curfew applicable to such geographical areas of the City or to the City as a whole as he deems advisable and applicable during such hours of the day or night as he deems necessary in the interest of the public safety and welfare.

After the proclamation of a civil emergency, the Mayor of the City may also, in the interest of public safety and welfare, make any or all of the following orders:

   A.   Order the closing of all retail liquor stores, including taverns and private clubs or portions thereof wherein the consumption of intoxicating liquor and beer is permitted.

   B.   Order the discontinuance of the sale of alcoholic liquor by any wholesaler or retailer.

   C.   Order the discontinuance of selling, distributing or giving away gasoline or other liquid flammable or combustible products in any container other than gasoline tanks properly affixed to a motor vehicle.

   D.   Order the discontinuance of selling, distributing, dispensing or giving away of any firearms or ammunition of any character whatsoever.

   E.   Issue such other orders as are imminently necessary for the protection of life and property.

Nothing contained in this Chapter shall be construed to impair the powers contained in this Municipal Code giving powers to the Police and Fire Departments, but shall be construed together with existing ordinances now in effect for the safety and welfare of the citizens of the City. (Ord. 1968-2)

Any person violating the provisions of this Chapter or executive order issued pursuant hereto shall be guilty of an offense against the City and shall be punishable by a fine as provided in Section 1-4-1 of this Code. (Ord. 1968-2; 1989 Code)

It is unlawful for any person to inscribe; draw or otherwise place upon the surface of any structure or wall that is publicly or privately owned, any sign, symbol, marking, drawing, name, initial, word, diagram, sketch, picture or letter without the permission of the owner of the property. The above list is not to be limitative, but is merely illustrative of items known as graffiti. It shall be an affirmative defense to the alleged violation of the foregoing provision if such activity was undertaken with the prior written consent of the owner of the property, demonstrating that the owner was aware of the content and method of the inscription to be placed on the structure or wall; however no owner of property shall place or give permission to place on any property, real or personal which is in public view any sign, symbol, marking, drawing, name, initial, word, diagram, sketch, picture or letter which incites violence by reference to gang or criminal activity, depicts or expresses obscenity by referring to sexual activity of contains defamatory material about a public or private person. (Ord. 1994-32, 10-24-94)

The City hereby declares "graffiti" as defined in Section 9-6-1, to be a nuisance, and as a nuisance, subject to abatement as provided herein:

   A.   Notice to Remove: Upon written notification by the City, the owner of property upon which graffiti has been illegally placed shall remove the graffiti within five (5) working days from the date of the notice.

   B.   City Removal: The City, upon notification of graffiti placed upon any City property, shall remove the graffiti within three (3) working days from the date of the notification. The City also shall remove graffiti from the exterior of private property if owners inform the City of the presence of such graffiti and of their inability to remove it. Owners must sign a statement authorizing removal by the City and must sign a release holding the City harmless from any claims or suits brought for damages pursuant to any adverse or injurious effects of such chemicals or from the actions taken by the City or its employees to remove the graffiti. If property owners do not request such removal or do not remove the graffiti within the time specified they shall be subject to the penalties listed in Section 9-6-3 below.

   C.   Extension of Time: An extension of the time in which graffiti must be removed may be granted by the City upon application of the property owner to the Police Department and a showing of cause. Cause shall include but not be limited to: weather, temperature, availability of chemicals, or physical limitations. (Ord. 1994-32, 10-24-94)

Upon a finding of guilty for violation of Section 9-6-1 above, there shall be imposed a fine of not less than twenty five dollars ($25.00) nor more than five hundred dollars ($500.00), plus all court costs and assessments. Upon a finding of guilty for a violation of Section 9-6-2 above, there shall be imposed a fine of not less than twenty five dollars ($25.00) nor more than five hundred dollars ($500.00), plus all court costs and assessments. In addition, the court may require that the party guilty of violating the provisions of Section 9-6-1 of this Chapter make full and complete restitution to the City and/or the owner of the property for expenses incurred by the City or by the owner of the property in the removal of the graffiti and/or the restoration of the structure or wall to its previous condition. In addition, the court may order as further penalty, community service in the form of time to be spent in cleaning property that has been defaced by graffiti in any location in the City. (Ord. 1994-32, 10-24-94)

It shall be unlawful for any person to make, continue, or cause excessive, unnecessary or unusually loud noise or any noise which disturbs, annoys, injures, or endangers the repose, health, peace or safety of others within the limits of the city.

   A.   The following acts are declared to be loud, disturbing, or unnecessary noise and in violation of this chapter:

      1.   The sounding of any horn or signaling device from any motor vehicle, except as a warning of danger, also the sounding of any such device for an unnecessary or unreasonable length of time. The use of any signaling device operated by engine exhaust is strictly prohibited.

      2.   The operation of any electronic device or musical instrument between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. in such a manner as to be plainly audible at a distance of fifty feet (50') from the building, structure, or vehicle from which the sound emanates shall be prima facie evidence of violation of this subsection.

      3.   The operation of any electronic device or musical instrument for the purpose of producing or reproducing sound which is broadcast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any business, structure, or motor vehicle.

      4.   The discharge into the open air of the exhaust of any internal combustion engine or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.

      5.   The use of any motor vehicle so out of repair, or so loaded or operated in such a manner so as to create loud or unnecessary noise.

      6.   Engine braking, oftentimes referred to as "jake" braking, except in the case of an emergency. (Ord. 2005-14, 3-28-2005)

As used in this chapter, the following words and terms shall have the meanings herein ascribed to them:

COMMUNITY EVENTS: Shall include, but not be limited to: parades, festivals, sporting events, drum corps shows, and Fourth Of July celebrations when sanctioned or sponsored in whole or in part by local governments, schools, charitable or service organizations.

MUSIC FESTIVAL: Any show or act, or aggregation of shows or acts, to be conducted outdoors in any way, whose purpose is to provide entertainment or attract attention to itself or a business, whether an admission is charged or not, and an audience of fifty (50) or more persons are in attendance.

WEIGHTED SOUND LEVEL: Sound pressure level decibels as measured on a sound level meter. The sound level so read is designated dB(A) or dBA. (Ord. 2005-14, 3-28-2005)

   A.   Day Hours: No person shall cause or allow the emission of sound during daytime hours (7:00 A.M. to 10:00 P.M.) from any noise source to any receiving residential land which exceeds seventy five (75) decibels (dB) when measured at any point within such receiving residential land, provided, however, that point of measurement shall be on the property line of the complainant. (Ord. 2014-25, 7-14-2014)

   B.   Night Hours: No person shall cause or allow the emission of sound during nighttime hours (10:00 P.M. to 7:00 A.M.) from any noise source to any receiving residential land which exceeds fifty five (55) dBA when measured at any point within such receiving residential land provided; however, that point of measurement shall be on the property line of the complainant. (Ord. 2005-14, 3-28-2005)

   A.   Public Welfare And Emergency Operations: Those operations which are necessary to protect the health and welfare of the citizens, including, but not limited to, snowplowing, utility and street repair, fallen tree removal, and fire, police, and ambulance response shall be exempt, provided that proper steps are taken to minimize noise as a result of said operations.

   B.   Powered Equipment: Powered equipment, including, but not limited to, lawn mowers, power tools, tractors, and snow removal equipment which is necessary for the normal maintenance of property is exempt from the sound level requirements between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M.

   C.   Community Events: Community events are exempt from the sound level requirements between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. Further, community events are exempt from the music festival permit requirements as set forth in this chapter. (Ord. 2005-14, 3-28-2005)

   A.   Permit Required: It shall be unlawful for any person as owner, lessee, operator, manager, officer or agent to give, conduct, produce, present, or offer any music festival, entertainments or performances within the city without the permit duly issued in accordance with this chapter.

   B.   Application; Fee: Permit applications shall be submitted on a printed form provided by the city clerk. Applications shall be accompanied by an application fee and shall be submitted no less than forty five (45) calendar days before the date of the event.

   C.   Application Review: Upon submission of the permit application and fee the city clerk will place the application on the agenda of the next city council meeting for its review. The city council shall have the discretion to grant or deny any application or any part thereof on the basis that the festival is obscene, unsafe, illegal, or because of its location would create traffic hazards, or create a nuisance to adjoining property owners, or in some way is detrimental to the health, safety and welfare of the community.

   D.   Operation: A music festival, having been granted a permit, is exempt from the sound level requirements between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. However, no festival shall operate for a period exceeding ten (10) hours in any twenty four (24) hour period, nor shall exceed three (3) consecutive days of operation. No one particular site shall operate more than three (3) music festivals in any calendar year.

   E.   Exemption For Private Parties: Private parties shall be exempt from the permitting requirements of this section, but all other requirements of this chapter shall apply. A "private party" is herein defined as a social event or gathering, for which no more than one entertainer or band has been arranged for, and in which no guest in attendance is required to pay any admission fee or concession cost.

   F.   Insurance Requirements: Prior to the approval of any application under this chapter, the applicants shall submit to the city a certificate of insurance showing the owner, lessee, proprietor, operator or manager of the premises and the music festival, as well as those persons acting in a similar capacity with respect to each entertainment or performance which collectively make up the music festival as named insureds and, further, naming the city as an additional insured in an amount of not less than one million dollars ($1,000,000.00) covering public liability, and five hundred thousand dollars ($500,000.00) covering property damage, such policy insuring liability that may arise from the operation or maintenance of the music festival or any part thereof.

   G.   City Held Harmless From Liability: The owner, lessee, proprietor, operator, or manager of the subject premises and the music festival shall in addition deliver to the city a written agreement holding the city harmless from all liability resulting from any injury to patrons, bystanders, passersby, or any individual as a result of the operation or maintenance of the music festival. (Ord. 2005-14, 3-28-2005)

   A.   The chief of police, or his designees, will have the primary responsibility for the enforcement of the noise regulations herein. Nothing in this chapter shall prevent the chief of police or his designees from obtaining voluntary compliance by the way of warning, notice or education.

   B.   If a person's conduct would otherwise violate this chapter and consists of any of the following:

      1.   Speech or communication protected by the constitution of the United States or the state of Illinois;

      2.   Of a gathering with others to hear or observe speech or communication protected by the constitution of the United States or the state of Illinois;

      3.   Or a gathering of others to lawfully picket or otherwise express, in a nonviolent manner, a position on a social, economic, political or religious question;

then the person must be ordered to, or have the opportunity to, move, disperse, or otherwise remedy the violation prior to arrest or citation being issued. (Ord. 2005-14, 3-28-2005)

   A.   A violation of the provisions of this chapter is punishable by a ticket or citation carrying a fine of no less than two hundred fifty dollars ($250.00). However, this subsection shall not be construed as requiring the city of Plano police department to cite a person for violation of this chapter if, in its discretion, the department determines that it is in the best interest of the community to utilize other lawful means to gain compliance.

   B.   A subsequent violation of this chapter by the same person or entity, which occurs within thirty (30) days of receiving a citation for violation of this chapter, is punishable by a ticket or citation carrying a fine of no less than five hundred dollars ($500.00).

   C.   Each occurrence of a violation of this chapter or, in the case of continuous violations, each day a violation occurs or continues constitutes a separate offense and may be punished separately. (Ord. 2005-14, 3-28-2005)