Village Ordinances

Municipal Code

Of

The Village of Pearl City

Table Of Contents

Summary of Contents

1. General Provisions

2. Administration

3. Alcoholic Beverages

4. Animals and Dogs

5. Cemetery

6. Board of Health Regulations

7. License, Permits & Business Regulations

8. Motor Vehicles and Traffic

9. Miscellaneous

10. Police

11. Streets, Sidewalks & Snow Removal

12. Zoning

13. Water & Sewer

14. Waste & Recycling

15. Cross Connections

16. Water Conservation

17. Burning

Sec. 1-1 How Code designated and cited.

 The ordinances embraced in the following chapters and sections shall constitute and be designated the "Municipal Code of the Village of Pearl City, Illinois", and may be so cited.

State law reference--Revision and codification of Ordinances, Ill. Rev. Stat., Chap. 24, Sec. 1-2-3.

Sec. 1-2  Rules of construction and definitions.

(a)    In the construction of this Code, and of all ordinances, the rules and definitions set out in this section shall be observed, unless such construction would be inconsistent with the manifest intent of the Board of Trustees.  The rules of construction and definitions set out herein shall not be applied to any section of this Code which shall contain any express provision excluding such construction, or where the subject matter of context of such section may be repugnant thereto.

(b)    Generally.  All general provisions, terms, phrases and expressions contained in this Code shall be liberally construed in order that the true intent and meaning of the Board of Trustees may be fully carried out.

(c)    In the interpretation and application of any provision of this Code, they shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare.  Where any provision of the Code imposes greater restrictions upon the subject matter than the general provision imposed by the Code, the provision imposing the greater restriction or regulation shall be deemed to be controlling.

(d)    Board, Board of Trustees, Village Board.  Whenever the words "board", "board of trustees", or "village board" are used, they shall be construed to mean the Board of Trustees of the Village of Pearl City.

 
(e)    Computation of time.  Whenever a notice is required to be given or an act to be done a certain length of time before any proceeding shall be had, the day on which such notice is given, or such act is done, shall be counted in computing the time, but the day on which such proceeding is to be held shall not be counted.  Where the day on which an act is to be done or a proceeding held falls on a Sunday or a legal holiday, said act shall be done or proceeding held on the next regular business day.

(f)    Corporate or village limits.  The term "corporate limits" or "village limits" shall mean the legal boundaries of the Village of Pearl City.

(g)    County.  The words "the county" or "this county" shall mean the County of Stephenson in the State of Illinois.

(h)    Delegation of Authority.  Whenever a provision appears requiring the head of a department, committee or other village officer to do some act or perform some duty, it is to be construed to authorize said officer to designate, delegate and authorize subordinances to perform the required act or perform the duty unless the terms of the provision or section specify otherwise.

(i)    Gender.  A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males.

(j)    Month.  The word "month" shall mean a calendar month.

(k)    Nontechnical and technical words.  Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

(l)    Number.  A word importing the singular number only may extend an be applied to several persons and things as well as to one person and thing.

(m)    Officers generally.  Whenever any officer is referred to by title, such as "Village Clerk" or " President", etc., such reference shall be construed as if followed by the words " of the Village of Pearl City".

(n)    Ordinance.  The word "ordinance", whenever used in this Code shall be held and taken to mean the entire Code, including each and every section thereof and all other ordinances of the village.

(o)    Owner.  The word "owner", applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety, of the whole or of a part of such building or land.

(p)    Person.  The word "person" shall extend and be applied to associations, clubs, societies, firms, partnerships and bodies politic and corporate as well as to individuals.

 
(q)    Personal property includes every species of property except real property, as herein described.

(r)    Preceding, Following.  The word "preceding" and "following" mean next before and next after, respectively.

(s)    Property.  The word "property" shall include real and personal property.

(t)    Real property shall include lands, tenements and hereditaments.

(u)    Shall.  The word "shall" is mandatory.

(v)    Signature or subscription includes a mark when the person cannot write.

(w)    State.  The words "the state" or "this state" shall be construed to mean the State of Illinois.

(x)    Street.  The word "street" shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes and all other public ways in the Village, and shall include all areas thereof embraced between the property lines and dedicated to the public use.

(y)    Village shall mean the Village of Pearl City, Illinois.

(z)    Year.  The word "year" shall mean a calendar year.

Sec. 1-3    Amendments to Code.

(a)    Any addition or amendment to this Code, when passed in such form as to indicate the intention of the President and Board of Trustees to make the same a part of this ordinance shall be deemed to be incorporated in this ordinance so that a reference to the Municipal Code of the Village of Pearl City, Illinois, shall be understood to include them.

(b)    In case of amendment of any section of this ordinance containing the provisions for which a penalty is provided in another section, the penalty so provided in such other section shall be held to relate to the amended section or the amending section, whether re-enacted in the amendatory ordinance or not, unless such penalty is specifically repealed therein.
 
(c)    It shall be the duty of the Village Clerk to keep at least on copy of the Municipal Code of Pearl City, Illinois, which he shall mark in the following manner:  Whenever any ordinance which amends or makes an addition to the Code is passed and approved, he shall note on the margin of the section or sections amended that such amendment has been made, with a reference in the amendment, hereinafter described where the amendment may be found, and in the case of an addition, he shall mark in the appropriate place a notation that such addition has been made, with a similar reference to the aforementioned amendment book.

The Village Clerk shall also keep a separate book containing every amendment or addition passed to this Code, with a reference on each copy of such amendment or addition as to the place in the record of ordinances where the original ordinance may be found.

The above mentioned records shall be kept in addition to the record of ordinances which the Clerk is required to keep by statute.

Sec. 1-4    Effect of Repeal of Ordinances.

When any ordinance repealing a former ordinance, clause or provision shall be itself repealed, such repeal shall not be construed to revive such former ordinance, clause or provision unless it shall be therein so expressly provided.

The repeal or an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for and offense committed or cause of action arising under the ordinance repealed.

Sec. 1-5    Severability of parts of Code.

The sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional, invalid or unenforceable by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality, invalidity or unenforceability shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code.

Sec. 1-6    General penalty for violation of Code; continuing violations.

Whenever in this Code or in any ordinance of the village any act is prohibited or is made or declared to be unlawful or a misdemeanor or a violation of this Code, or whenever in such Code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful or a misdemeanor or a violation of this Code, where no specific penalty is provided therefor, the violation of any such provision of this Code or any ordinance shall be punished by fine of not more than Five Hundred Dollars ($500.00).  Each day any violation of any provision of this Code or of any ordinance shall continue shall constitute a separate offense.
 

Sec. 2-1    Fiscal year established.

The fiscal year of the Village shall begin on the first day of May of each year and end on the last day of April of the following year.

State law reference--Authority to establish fiscal year.  Ill. Rev. Stat., Chap. 24, Sec. 1-1-2(5).

Sec. 2-2    Elections.

Elections for Village officers shall be as provided by Statute.

Sec. 2-3    Oath of Office.

On or before the first day of May, after the annual election in each year, the President, Village Clerk and Trustees elected at that election, shall severally take and subscribe an oath of office, which oath may be in the following form, to wit:

  I do solemnly swear that I will support the
constitution of the United States, and the
constitution of the State of Illinois, and that I
will faithfully discharge the duties of the office
of ... according to the best of my ability.

This oath, so subscribed, shall be filed in the office of the Village Clerk.
 
Sec. 2-4    Appointments.

The Village President, with the advice and consent of the board of trustees shall appoint officers and hire all employees to all non-elective offices of the Village.

State law reference--Appointments generally,  Ill. Rev. Stat., Chap. 24, Sec. 3-8-1.

Sec. 2-5    Terms of office; vacancies.

Every appointive officer or employee of the Village shall hold office for a term of one (1) year or until his successor is appointed an qualified unless it is otherwise provided by ordinance.  Employees selected shall serve so long as their services are desired.

Sec. 2-6    Salaries.

All officers and employees of the Village shall receive such salaries as may be provided from time to time by ordinance.

Sec. 2-7    Availability of records for inspection.

All records kept by any officer of the Village shall be open to inspection by the Village President, or any member of the Board of Trustees at all reasonable times, whether or not such records are required to be kept by statute or ordinance.

Sec. 2-8    Arrest Authority.

The Village President and members of the Board of Trustees are hereby designated to be conservators of the peace with such powers to make arrests as are given to conservators of the peace by statute.

Sec. 2-10    Surrender of effects of office.

Every officer of the Village upon the termination of his office, for any cause whatsoever, shall deliver to his successor all books and records which may be property of the village and if no successor has been appointed within one (1) week after the termination of office such property shall be delivered either to the Village Clerk or the Village Treasurer.

Sec. 2-11  Interfering with Officers of Employees.

It shall be unlawful to interfere with of hinder any officer or employee of the village while engaged in the duties of his office.

State law reference--Obstructing peace officers, Ill. Rev. Stat., Chap. 38, Sec. 31-1.
 
Sections 2-12 -- 2-19  Reserved.

ARTICLE II Division 1.  Generally

Sec. 2-20  Composition; qualifications.

(a)    The Board of Trustees consisting of six members shall be elected to office for a four-year term as provided by Statute.

(b)    No person shall be eligible for the office of member of the Board of Trustees unless he is a qualified elector of the municipality, has resided therein at least on year preceding his election, and is not a defaulter to the municipality.

Sec. 2-21  Duties & Salaries.

The Trustees of said Village shall be police and conservators of the peace. They shall be the chief legislative department of Trustees shall be held at the (village hall), unless otherwise ordered by the board.

ARTICLE II Division 2.  Meetings

Sect 2-30 Meeting Day and Time

(a)    Meetings shall occur the First Monday of the Month at the Village Hall at 7pm.

(b)   If a regular meeting date falls on a legal holiday, the meeting shall be held the next secular day at the same hour and place.

Sec. 2-31  Special meetings.

(a)    The President, or any three trustees, may call special meetings, upon at least twenty-four (24) hours notice to the Village President and all members of the Board of Trustees.

(b)    Public notice of all regular and special meetings of the Board of Trustees shall be as provided in Chapter 102 of the Illinois Revised Statues entitled "Illinois Open Meetings Act" and amendments thereto.

Sec. 2-33  Quorum.

A majority of the members of the Board of Trustees shall constitute a quorum to do business.  No ordinance shall be passed except upon a favorable vote of a majority of the elected members, as provided by statute.

Sec. 2-34  Call to order; order of business.

At the hour appointed for meeting, the members shall be called to order by the President of in his absence, by the Clerk.  The clerk shall then proceed to call the roll of members, and note the absentees, if any, and if a quorum is found to be present, the board shall proceed to the business before them, which shall be conducted in the following order, unless the same shall be temporarily set aside by the unanimous consent of the president and board of trustees, to wit:

(a)    Roll call.

(b)    Approval of minutes.

(c)    Treasurer's report.

(d)    Bills.

(e)    Reports.

(f)    Unfinished business.

(g)    New business.

(h)    Adjournment.

Sec. 2-35  Priority of business undebatable.

All questions relating to the priority of business shall be decided by the President without debate.

Sec. 2-36  Order.

The President of the Board of Trustees shall preserve order and decorum, and shall decide all questions of order, subject to an appeal to the board of trustees.

Sec. 2-37  Decorum.

While the President of the Board of Trustees is putting the question, no member of the board shall hold any conversations with any other member, or walk across or out of the room.

Sec. 2-38  Consent of board required to address meetings; exceptions.

No person other than the Village President or a member of the Village Board of Trustees shall address the Board of Trustees at any regular or special meeting except upon consent of a majority of the members present.

Sec. 2-39  Robert's Rules of Order applicable.

Robert's Rules of Order, as revised, shall govern the deliberations of the Village Board of Trustees except when in conflict with any of the provisions of this division.

Sec. 2-40  Suspension of rules.

The rules of order, other than those prescribed by statute may be suspended at any time by the consent of a majority of the members of the Board of Trustees present at any meeting.

ARTICLE III.   THE VILLAGE PRESIDENT

Sec. 2-50  Qualifications.

No person shall be eligible for the office of Village President unless he is a qualified elector of the municipality, has resided therein at least on year next preceding his election, and is not a defaulter to the municipality.

Sec. 2-51  Oath of Office.

The Village President shall take the oath of office prescribed by state law.

Sec. 2-52  Powers and Duties.

The Village President shall be the Chief Executive Officer of the Village and shall preside at all meetings of the Board of Trustees , but shall not vote, except in case of tie, when he shall have a casting vote.  He shall perform all duties as are or may be prescribed by the laws of the state, and see that the laws and ordinances of said village are faithfully executed.  He may exercise within the village limits the powers conferred upon sheriff to suppress disorder, and preserve peace.  He can at any time examine the books, records and papers of any officers of the Village concerning village matters.  He may call special meetings, preserve order at all meetings and appoint all committees.  He shall within thirty days after commencement of the municipal year appoint the following standing committees, consisting of three members each, and designate the chairman of each, to wit:

(a)    A committee on finance.
(b)    A committee on street, alleys, and sidewalks.
(c)    A committee on licenses and dram shops.
(d)    A committee on water works.
(e)    A committee on police.
(f)    A committee on lights.
(g)    A committee on local improvement.
(h)    A committee on cemeteries.
(I)    A committee on hospitality.
(j)    A committee on youth.
(k)    A committee on businessmen.
(l)    A committee on civil defense.
(m)    A committee on band.

Sec. 2-53  Appointment of officers.

The President, with the advice and consent of the Board of Trustees, shall appoint all officers and hire all employees to non-elective offices of the Village.

Sec. 2-54  Designation of Duties.

Whenever there is a dispute as to the respective duties or powers of any officer of the Village, this dispute shall be settled by the President; and the President shall have the power to delegate to any officer any duty which is to be performed when no specific officer has been directed to perform that duty.

Sec. 2-55  Election of President Pro-tem.

During a temporary absence or disability of the President, the Board of Trustees shall elect one of its number to act as President Pro-Tem, who during the absence or disability of the President shall perform the duties of that office.

Sec.  2-56  Veto Power.

It shall be the duty of the Clerk of said Board to deliver to the President thereof, upon his request, the original or a copy of each ordinance, resolution or motion so passed or adopted by the Board as aforesaid, within one day after its passage or adoption.

If the President approves thereof, he shall sign the same, and it shall thereupon be in full force and effect.

If the President shall not approve of any such ordinance, resolution or motion, he shall, within five (5) days after receipt thereof, return it to the Clerk with his objection thereto, in writing.

Such veto may extend to any one or more items contained in any ordinance, resolution or motion or to the entire ordinance, resolution or motion, and in case a veto extends only to a part of any ordinance, resolution or motion, the remainder thereof not embraced within the veto shall take effect and be in force from time of receipt by the Clerk of such veto of such part.

Upon the return of any such ordinance, resolution or motion by the President, with his objections thereto as aforesaid, the vote by which the same was passed shall be reconsidered by the Board as to so much thereof as may have been vetoed; and if, after such reconsideration, four-fifths of all the Board members shall agree to pass the same by yeas and nays, to be entered on the journal, the same shall take effect, notwithstanding the President's refusal to approve thereof.

In case the President shall fail or omit to either sign and approve or return, with his objections as aforesaid, any such ordinance, resolution or motion which shall have passed or adopted by the Board within six (6) days after it shall have been so passed or adopted, the same shall take effect without the approval of the President.

ARTICLE IV.  THE VILLAGE CLERK

Sec. 2-60  Qualifications.

No person shall be eligible for the office of Village Clerk unless he is a qualified elector of the municipality, has resided therein at least one year next preceding his election, and is not a defaulter to the municipality.

Sec. 2-61  Appointment; term.

The Village Clerk shall be appointed by the Village President and with the advice and consent of the Village Board.  The Clerk shall serve for a four (4) year term and until his successor is appointed and qualified as is provided by statute.  (Amended 12/3/84)

Sec. 2-63  Duties.

(a)    The Clerk shall be the custodian of the Village Seal and shall seal and attest all contracts involving the Village, all licenses, permits and other documents that require this formality.

(b)    The Clerk shall promptly turn over to the treasurer all money received on behalf of the Village.  The Clerk shall keep accounts of all the money received by the Clerk, and the source and disposition thereof; and such other accounts as may be required by statute.

(c)    The Clerk shall attend all meetings of the Board of Trustees and keep a full record or its proceedings in the journal, as well as a record or all ordinances and resolutions approved by the Board of Trustees.

(d)    The Clerk shall keep a register of a licenses and permits issued and the payments thereof; a record of all the officers and regular employees of the Village and such other records as may be required by the Board of Trustees.

ARTICLE V.   THE VILLAGE TREASURER

Sec. 2-70  Qualifications.

No person shall be eligible for the office of the Village Treasurer of the Board of Trustees unless he is a qualified elector of the municipality, has resided therein at least one year preceding his election, and is not a defaulter to the municipality.

Sec. 2-71  Appointment; term.

There is hereby created the office of Village Treasurer, who shall be appointed by the village president and with the advice and consent of the Village Board.
Sec. 2-72  Duties.

(a)    The Treasurer shall perform such duties as may be prescribed by statute or ordinance; receive all money paid to the Village and pay out money only on vouchers or other orders properly signed by the Village President and Clerk.

(b)    The Treasurer shall deposit the Village funds in such depositories as may be determined by the Board of Trustees; and shall keep the Village money separate and distinct from and other fund and shall not make private or personal use of any Village money.

(c)    The Treasurer shall keep accurate records of all money received showing the source from which it is received, the purpose for which it is paid; and the Treasurer shall keep records at all times showing the financial status of the Village and report such facts to the Board of Trustees.

(d)    During the temporary absence of disability of the Treasurer, the President shall perform the duties of that office.

Sec. 3-1  Definitions.

Unless the context otherwise requires, the following terms as used in this ordinance shall be construed according to the definitions below.

(a) Alcoholic liquor includes any spirits, wine, beer, ale or other liquid containing more that one-half of one percent of alcohol by volume which is fit for beverage purposes.

(b) Sale means any transfer, exchange or barter in any manner.

(c) Club means a corporation organized under the laws of the state, not for profit, but for the promotion of some object other than the sale or consumption of alcoholic liquor.  It must be kept and maintained by members through the payment of annual dues, provided service and use only for its members and guests and owning a building suitable and adequate for reasonable and comfortable use and accommodation of those members and guests.  The management and affairs of the club are to be run by a board of directors, executive committee, or a similar body chosen by the members; and that no person is paid or receives, in salary or other compensation except that fixed by the members, Board of Directors or other governing body.  At all times when alcoholic beverages are sold or consumed, the club's appointed manager or a member of the governing board must be present.  An active current list of the membership must be available on the premises at all time.

(d) Restaurant means any public place kept, used, maintained, advertised and held out to the public as a place where meals are actually and regularly served, without sleeping accommodations, such space being provided with adequate and sanitary kitchen and dining room equipment and capacity and having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its guests.

(e)  Manager a person appointed by the owner of licensee who shall be in full control of all alcoholic sales and actions taking place within premises.

Sec. 3-2  License required.

 
It shall be unlawful to sell or offer for sale at retail in the village, any alcoholic liquor without having a retail liquor dealer's license, or in violation of the terms of such license.  No person shall be deemed fully licensed until a license has been actually issued and delivered to the applicant.  A separate license shall be required for each location, place or premises where such business or occupation is proposed to be carried on, whether or not under the same roof or at the same street address.

Sec. 3-3  Applications.

Applications for such licenses shall be made to the Village President in writing, signed by the applicant if an individual or  by all the members of a firm or co-partnership, verified by oath or affidavit, and shall contain the following information and statements:

1) The name, age and address of the applicant in  the case of an individual; in the case of a co-partnership, the persons engaged to share in the profits thereof.

2) The citizenship of the applicant or applicants and if a naturalized citizen, the time and place of his naturalization.

3) The character of the business of the applicant or applicants.

4) The length of time that said applicant or applicants have been in business of that character and the amount of goods, wares and merchandise on hand at the time application is made.

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

6) A statement by the applicant that he will not violate any of the laws of the State of Illinois or of the United States, or any ordinance of the village in the conduct of his place of business.

Sec. 3-4  Restriction of licenses.

No such license shall be issued to:

(1) A person who is not of good character and reputation.

(2) A person who is not a citizen of the United States.

 
(3) A person who has been convicted of a felony under the laws of the State of Illinois.

(4) A person whose license issued under this ordinance has been revoked.

(5) A person who at the time of application for renewal of any license issued hereunder would not be eligible for such license upon a first application.

(6) A co-partnership, unless all of the members of such co-partnership shall be qualified to obtain a license.

(7) Any law enforcing public official, any President of the Village Board of Trustees, any member of the Village Board of Trustees, or any President or  member of a County Board; and no such official shall be interested in any way, either directly or indirectly, in the manufacture, sale or distribution of alcoholic liquor.

(8)  Any person or co-partnership not eligible for a State retail liquor dealer's license.

(9) Not withstanding any other provisions of this section, a CU license may be issued when one or more of the members of the governing board or manager of    the licensee is a resident of the Village of Pearl City, but may not be issued unless one member of the governing board or manager is such a resident.

Sec. 3-5  Term.

Each such license shall terminate on the 30th day of April next following its issuance.  The fee to be paid shall be reduced in proportion to the full calendar months which have expired in the year prior to the issuance of the license.

Sec. 3-6  Classification--Fees.

Such licenses shall be, and are hereby, divided into four classes, to wit:

1) Class 1A licenses, which shall authorize the retail sale on the premises specified of alcoholic liquor for consumption on the premises as well as other retail sales of such liquor.

The annual fee for such license shall be $800.00 payable in advance.  An additional $200.00 payable for Sunday sales. (9-28-93)

2) Class AR license, which shall authorize the retail sale on the premises specified of alcoholic liquor for consumption on the premises.  Such license shall be issued only for a restaurant business which has receipts from food sales in excess of fifty percent of its gross receipts.

There shall be no sale of packaged goods for removal from the premises.

The annual fee for such license shall be $1000.00 payable in advance.

3) Class B licenses, which shall authorize the retail sale of alcoholic liquor, but not for consumption on the premises where sold.

The annual fee for such license shall be $500.00 payable in advance.  An additional fee of $100.00 includes Sunday Sales. (2-1-93)

4) Class CU licenses, which shall authorize sale of alcoholic beverages only within a club for consumption only within the premises of the licensee and for the sale of alcoholic beverages in the original package except that no sales of alcoholic beverages in the original package may be made on Sundays.

The annual fee for such license shall be $600.00 payable in advance, or if necessary, 3 annual installments of $200.00 each may be made.  The installments must be received on or before the last day of the fourth month or reapplication for the license will be necessary.  If payments lapse, the State will be notified and the license will be picked up by Village police. (amended 7-12-84)

Addendum to Sec. 3.6 - Classification--Fees.

5) Temporary Class CU licenses, which shall authorize sale of beer and wine only within a club or business, for a period of time not exceeding two days in any calendar year.  The fee for such license shall be $25.00 payable in advance. (amended 4-4-88)
 

The provisions of Sections 3-6 (4) and 3-20 are applicable to the issuance and enforcement of a temporary CU license.

Sec. 3-7  Disposition of Fees.

All fees shall be paid to the Village Clerk at the time application is made, and shall be forthwith turned over to the treasurer.  In the event the license applied for is denied, the fee shall be returned to the applicant; if the license is granted, then the fee shall be deposited in the general corporate fund or in such other fund as shall have been designated by the Board of Trustees, by proper action.

Amendment of Chapter 3 Sec. 3-7
 
Option - Liquor license fees may be paid in two (2) equal installments, six (6) months each.  No refunds after one (1) day of operation under licenses paid in installments.

Sec. 3-8  Number of licenses.

There shall be issued in the Village not more than Three Class 1A licenses,(updated 11-02-2020 from 2 to 3) two Class B licenses, one Class AR license, and one CU license to be in effect at any time.

Sec. 3-9  List.

The president shall keep, or cause to be kept a complete records of all such licenses issued by him and shall report to the Board of Trustees the issuance or revocation of any and all licenses at the first regular meeting of the Board of Trustees after the issuance or revocation of any or all licenses.

Sec. 3-10  Transfer of license.

A license shall be purely a personal privilege, good for not to exceed on year after issuance unless sooner revoked as in this ordinance provided, and shall not constitute property, nor shall it be subject to attachment, garnishment or execution, nor shall it be alienable or transferable, voluntarily or involuntarily, or subject  to being encumbered or hypotheticated.  Such license shall not descend by the laws of testate or intestate devolution, but it shall cease upon the death of the licensee, provided that executors or administrators of the estate of any deceased licensee, and the trustees of any insolvent or bankrupt licensee, when such estate consists in part of alcoholic liquor, may continue the business of sale of alcoholic liquor under order of the appropriate court, and may exercise the privileges of the deceased or insolvent or bankrupt until the expiration of such license but not longer than six months after the death, insolvency or bankruptcy of such licensee.  A refund shall be make of that portion of the license fees paid for nay period in which the licensee shall be prevented from operating under such license in accordance with the provisions of this paragraph.

Sec. 3-11  Renewals.

Any licensee may renew his license at the expiration thereof, provided he is then qualified to receive a license and the premises for which renewal license is sought are suitable for such purpose; AND, PROVIDED, FURTHER, that the renewal privilege herein provided for shall not be construed as a vested right which shall in any case prevent the Village President from decreasing the number of licenses to be issued within the village.

Sec. 3-12  Change of location.

A retail liquor dealer's license shall permit the sale of alcoholic liquor only in the premises described in the application and license.  Such location may be changed only upon the written permit to make such change issued by the Village President.  No change of location shall be permitted unless the proposed new location is a proper one for the retail sale of alcoholic liquor under the law of this State and ordinances of this Village.

Sec. 3-13  Peddling.

It shall be unlawful to peddle alcoholic liquor in the village.

Sec. 3-14  Sanitary conditions.

All premises used for the retail sale of alcoholic liquor, or for the storage of such liquor for sale, shall be kept in a clean and sanitary condition, and shall be kept in full compliance with the laws regulating the condition of premises used for the storage or sale of food for human consumption.  All premises licensed under this resolution shall be properly ventilated and supplied with separate and sufficient toilet arrangements for each sex, toilets to be of water closet combination type and located inside the licensed premises.

Sec. 3-15  Employees.

It shall be unlawful to employ in any premises used for the retail sale of alcoholic liquor any person who is afflicted with, or who is a carrier of, any contagious, infectious or venereal disease; and it shall be unlawful for any person who is afflicted with or a carrier of any such disease to work in or about any premises or to engage in any way in the handling, preparation or distribution of such liquor.

Sec. 3-16  Closing hours.

It shall be unlawful to sell or offer for sale at retail any alcoholic liquor in the village between midnight and 6:00 a.m. inclusive, Monday through Thursday (last call being at 11:30 patrons out of the premises by midnight), between midnight and 6:00 a.m. inclusive, Friday, and between 1:00 a.m. and 6:00 a.m. Saturday (last call being at 1:00 a.m., patrons out of the premises by 1:30 a.m.), between 1:00 a.m. and 6:00 a.m. inclusive, the following Monday morning. Updated 03-01-2021 to include the following hours for the consumption/use of Permanent Beer Gardens.  Sunday thru Thursday until 10:00pm and Friday/Saturday until 11:00pm. It shall be unlawful to keep open for business or to admit the public to any premises in or on which alcoholic liquor is sold at retail during the hours within which the sale of such liquor is prohibited, except that a Class AR license and a Class CU license may open their premises on Sunday between the hours of 7 a.m. and 10:00 p.m. 

The Village Board may, at its discretion, expand the operating hours for special occasions.

Sec. 3-18  Sale prohibited.

It shall be unlawful for any licensee to sell, give or deliver alcoholic liquor to any minor, or to any habitual drunkard, or to any intoxicated person or any spendthrift or insane, feebleminded or distracted person.

It shall be unlawful for any licensee to permit any person of either sex under the age of twenty-one (21) years, in or on any licensed premises at any time unless such person is accompanied by his or her parent or legal guardian.  In premises where the bar, liquor facilities, or alcoholic liquors are located in a separate room from the remainder of the building or structure, the term "licensed premises" shall refer only to said separate room.

Sec. 3-19  View from street.

In premises upon which the sale at retail of alcoholic liquors for consumption on the premises is licensed, no screen, blind, curtain, partition, article or thing shall be permitted in the windows or upon the doors of such licensed premises nor inside such premises, which shall prevent a clear view into the interior of such licensed premises from the street, road or sidewalk at all times, and no booth, screen, partition or other obstruction nor any arrangement of lights or lighting shall be permitted on or about the interior of such premises which shall prevent a full view of the entire interior of such premises from the street, road or sidewalk.

All rooms where liquor is sold for consumption on the premises shall be continuously lighted during business hours by natural light or artificial white light so that all parts of the interior of the premises shall be clearly visible.

In case the view into any such licensed premises required by the foregoing provisions, shall be wilfully obscured by the licensee, or by him wilfully suffered to be obscured or in any manner obstructed, then such license shall be subject to revocation in the manner herein provided.

Sec. 3-20  Restrictions on CU licensed premises.

CU licenses may expand by a temporary attachment to the permanent licensed premises only for the purposes and at the time of the Pearl City Homecoming Festival.  When such expansion is undertaken, the additional area shall have no extra entrances, and shall be fully enclosed as directed by the Village Board of Pearl City. (Amended 4-4-88)

CU licenses must maintain a device of such a nature that allows the manager to control the ingress of persons onto the premises.

Sec. 3-21  Revocation.

The Village President may revoke any retail liquor license for any violation of any provision of this ordinance, or for any violation of any state law pertaining to the sale of alcoholic liquor, and in the event of the revocation of any retail liquor dealer's license, no part of any license fee paid for such retail liquor dealer's license shall be returnable.

Sec. 3-22  Penalty.

Any person, firm or corporation violating any provisions of this ordinance shall be fined not less than Fifty Dollars ($50.00) nor more than Two Hundred Dollars ($200.00) for each offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

Sec. 3-23  Class B licenses.

Class B licenses are to be broken down into two categories; Class B-1 and Class B-2, of which one license is to be available in each.  Class B-1 will allow a premise to sell beer and wine with other merchandise, such as groceries.  Class B-2 will allow the sale of only packaged goods of any type.  Each premise must have either the owner or manager as a resident of the Village.

All sales personnel must be at least 21 years of age and premise may sell packaged goods on Sunday, from 12 noon until closing of 10 p.m. (2-1-93)

Sec. 3-24 Keg Registration Requirements

    (a)   Registration/Return procedure

        All retail sales/purchasers of any keg in the village of Pearl City subject to this Chapter 3 for off site consumption must comply with the following registration, documentation and labeling  requirement and restrictions imposed by this ordinance:

1. Purchasers shall provide a current government issued photo identification with the purchaser’s name, address and individual identification number to the seller who shall record and document that information in a log. The log shall also contain the individual keg identification assigned to the keg by the seller, and include the date of sale and indicate that the photo identification that was produced was matched to the purchaser. The log shall also contain some identifier of each person, owner/employee who sold to each purchaser. This information shall be kept by the seller for minimum period of one year from the date of sale;

2. Sellers shall assign, record and attach to each retail keg sold for off site consumption an individual keg registration label/sticker, at or before the time of sale to the purchaser, and the label/sticker shall also include a prominent warning thereon that it is illegal to alter, damage or remove the label/sticker from the keg.

3. Sellers of keg alcohol shall obtain the individual keg identification label/sticker from the Village Clerk’s Office which shall record to whom the label/stickers are distributed and shall restrict the distribution of the label/stickers to licensed alcoholic retailers. The Clerk shall keep a copy of record of such distribution.

4. Sellers shall collect a deposit in an amount set by the retailer for each keg. Purchasers shall return kegs to the retail seller where it was purchased with the individual keg registration label/sticker attached, intact and legible on or before sixty (60) days from the date of sale or the deposit shall be forfeited.

5. Sellers shall record the date on which the keg is returned, who returned the keg and indicate whether the keg identification label/sticker is present or absent by notation on the log.

6. Sellers shall remove or otherwise invalidate the individual keg identification label/sticker from the kegs when they are returned. The old label/stickers are to be destroyed.

7. Sellers shall produce keg registration logs/records to law enforcement upon request.

    (b)     Keg possession Requirements/Restrictions

    No person shall possess a keg container of alcoholic beverage which was purchased within the Village of  Pearl City from a person or entity subject to this chapter, or purchased from within territorial limits of any jurisdiction, including, but not limited to, the Village of Pearl City, Illinois for consumption, after the effective date of this Ordinance without an intact and legible individual keg identification label/sticker or     similar identifying label or sticker, except for retail locations where such a label/sticker was not required, without proof of purchase for the keg, including the name and address of the seller.

    (c)     Keg Sticker/Label Prohibitions

    No person shall alter damage, destroy or remove the individual keg label/sticker which is described and required by this ordinance or any other ordinance of the Village of Pearl City or any ordinance of any other governmental entity after it has been attached to the keg, except for retail sellers of keg alcohol.

    No licensee under the provisions of this chapter shall, either individually or through his or her agents or employees permit any person to purchase a keg without compliance with this section with all requirements of this section and all other applicable provisions of the Chapter 3 of the Village of Pearl City code.

    (d)    Any license issued to any person under this code may be revoked or suspended, as provided in Section 3-21 of this chapter, if such person is convicted of or pleads guilty to a violation of any of the provisions of this chapter.

    Section 2   The provisions of sec 3-1 entitled “Definitions”, of Chapter 3 of this Village of Pearl City code shall be amended to add the following definition:

    Keg:  shall mean any metal, wooden, plastic, paper or other container designed to hold four (4) or more gallons of liquid and actually contains any amount of alcoholic liquor.

    Section 3   The provisions of this ordinance shall become effective upon the passage by the Village of Perl City as provided by law.

    Section 4   All ordinances or parts of ordinance in conflict with this ordinance are repealed insofar as they conflict.

    Section 5   If any section, clause or provision of this ordinance be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the ordinance as a whole or any part thereof, other than the part se declared to be invalid, and this Board of Trustees hereby expressly declares that it would have enacted this Ordinance even with the invalid portion deleted.

Sec. 4-1  Dangerous Dogs.

No vicious, dangerous, ferocious dog or dog sick with or liable to communicate hydrophobia or other contagious or infectious disease shall be permitted to run at large or loose in the village.

Sec. 4-2  Running at Large.

No animal shall be permitted to run at large in the village.  Any animal found upon any public street, sidewalk, alley, parkway, or on the private property of anyone other than the owner of such animal without the express consent of such property owner, or in any unenclosed place, shall be deemed running at large unless such dog is firmly held on a leash or is in an enclosed vehicle.  It shall be the duty of the registered owner of every animal to keep same safely and securely muzzled.

Sec. 4-3  Disturbing the Peace.

No person owning any dog shall suffer or permit such dog to disturb the peace and quiet of the neighborhood by barking, or by making other loud or unusual noises, or by running through or across cultivated gardens or fields.

Sec. 4-4  Inoculation.

It shall be unlawful to permit any dog which is not on a leash, under control, or muzzled to be in any public street, parkway, sidewalk, park, in any store or place of public gathering or in any place in the municipality other than in an enclosed area, unless such dog has been inoculated against rabies by a licensed veterinarian within the preceding year.

Sec. 4-5  Dog Bites.

Whenever any dog bites a person, the owner of said dog shall immediately notify the President of the Board of Trustees, who shall order the dog held on the owner's premises or shall have it impounded for a period of two weeks.  The dog shall be examined immediately after it has bitten anyone and again at the end of the two-week period.  If at the end of two weeks a veterinarian is convinced that the dog is free from rabies the dog shall be released from quarantine or from the pound as the case may be.  If the dog dies in the meanwhile, its head shall be sent to the state department of health for examination for rabies.  The owner of any such dog shall be responsible for all fees or other expenses incurred in complying with this section.

Sec. 4-6  Creulty.

No person shall beat, ill treat, torment or abuse any animal or bird.  No person shall throw or deposit any poisonous substance on any exposed or private place where it may endanger any animal.  No person shall provoke any animal to bark or bite by taunting it.  It shall be unlawful for any animal owner to abandon an animal where it may become a public charge or may suffer injury or exposure.

Sec. 4-7  Livestock.

No person shall keep or maintain any horse, mule, pony, donkey, burro, cow, goat, sheep, pig, poultry of any kind, ducks, or other livestock within the city limits.  This section shall not pertain to properties upon which any such animal was kept prior to the enactment of this prohibition, and which has been continuously used for such purpose without a lapse in such use for six months or greater,

Sec. 4-7. Livestock.

Except as provided in Section 4-8 of this Chapter 4, no person shall keep or maintain any horse, mule, pony, donkey, burro, cow, goat, sheep, pig, chicken, duck, geese, guinea hen, pigeon, or poultry of any kind, or other livestock within the corporate limits of the Village.

Section Three. Chapter 4 of the Village Code is amended by adding to it the following section to be known as Section 4-8 entitled "Chickens."

Sec. 4-8. Chickens.

A.    No person shall keep or maintain any chicken within the corporate limits of the Village, except pursuant to a license issued by the Village and in accordance with the standards set forth in this Section 4-8. When used in this Section, "Chicken" means any domesticated egg-laying chicken and shall exclude all roosters and hens that have ceased laying eggs.

B.    Standards for Keeping of Chickens.

1.     A person to whom a valid license has been issued under this Section 4-8, and which license has not expired or been revoked, may keep a maximum of five (5) chickens on property zoned and occupied for single-family residential use only.

2.     Roosters are prohibited within the corporate limits of the Village.

3.     Chickens shall be provided with a covered inside enclosure and an adjacent covered outside fenced area. The outside fenced area shall be no less than twenty-four (24) square feet in area, and no greater than ninety-six (96) square feet in area.

4.     The enclosures and adjacent fenced areas shall be set back:

(i)             A minimum of fifty (50) feet from any adjacent occupied residential structure, other than that of the owner; but

(ii)           Not less than the minimum property line setback required for accessory structures set forth in the zoning provisions of the Code. In the absence of any set back requirement within the Code, then a minimum of twenty-five (25) feet from all streets and property line of an adjacent property.

5.             All enclosures and adjacent fenced areas shall not exceed six (6) feet in height.

6.             All enclosures shall be constructed and maintained in such a manner as to be free of rodent infestation and to prevent access by predators.

 Electric service to enclosures shall not be provided by an extension cord or cords.

8.             All enclosures and adjacent fenced areas shall be kept in the rear yard, and shall be located in a manner so as to not be visible from a public street to the greatest extent possible.

9.             All chickens shall be kept in the enclosures and fenced areas at all times.

10.          All feed and other items that are associated with the keeping of chickens that are likely to attract or become invested with rats, mice or other rodents shall be protected in a container with a tightly fitted lid as to prevent rodents from gaining access to or coming into contact with them.

11.          All areas where chickens are kept shall be maintained in a neat and clean manner, free of undue accumulation of waste such as to cause odors detectible on adjacent properties.

12.          No person shall allow chickens to produce noise loud enough to disturb the peace of persons of reasonable sensitivity, and it is hereby declared a nuisance and shall be unlawful for any owner of the property where the chickens are maintained to allow such nuisance to exist.

                        D.        License.

1.             An application for a license to keep chickens shall be submitted to the Village Clerk, on a form as approved by the Board of Trustees and provided by the Village Clerk. All applications for a license shall include an accurate drawing of the proposed location of the covered inside enclosure and adjacent covered outside fenced area, and the dimensions of those facilities. The application shall include proof of a completed consent form to the owners of all properties abutting the property for which the license is being sought. For purposes of this Section, an abutting property is defined as any property that comes into contact with the permit address at any point, with the exception of properties across any public right of way or street.

In the event an applicant demonstrates good cause why an abutting neighbor was unable to be reached for consent, notwithstanding diligent efforts on the part of the applicant, the application, if it meets all other statutory requirements, may be presented to the Board of Trustees. In such circumstances, the consent requirement may be waived by the unanimous consent of the Board of Trustees. In such circumstances, if the Board of Trustees does not unanimously consent to the waiver requirements, the application shall be deemed denied.

The consent form, as provided by the Village, shall include sufficient information to advise the owners of the abutting properties of the dimensions of the covered inside enclosure and adjacent covered outside fenced area, as well as any other required information as determined from time to time by the Board of Trustees.

2.             The annual cost of an initial license under this Section shall be Seventy Five Dollars (S75.00). The cost for a one-year renewal license shall be Twenty-Five Dollars (S25.00). There shall be no prorations of this fee for any reason. These fees may be modified as may be determined from time to time by the Board of Trustees.

3.             Each application shall be submitted with the annual fee.

4.             An initial license shall have a term that begins on May 1 and terminates on April 30 next following its issuance.

5.             After the initial term, a license to keep chickens may be renewed under a renewal permit. A renewal permit shall have a one-year term, beginning on May 1 and terminating on April 30 next following its issuance.

6.             The abutting property owner's consent requirements of this Section shall not apply for a renewal permit.

7.             If a license previously issued under the terms of this Section is not renewed, or is terminated for any reason, the record owner of the property where the enclosure and adjacent fenced area is located shall remove the same, as well as all chickens, from the Village within thirty (30) days following the date of termination of or expiration of the license, as the case may be.

g. Only the property owner of record may apply for a license. Any license issued pursuant to this Section is personal to the applicant and may not be transferred or assigned. Only one license shall be issued per property.

9. Issuance of a license to any person under this Section is deemed consent by the property owner of record for any Village official to enter onto the property for purposes of verifying compliance with this Code on a periodic basis.

E. Conflict with Private Covenants.

Nothing in this Section shall be construed to permit the keeping of chickens when such activity is prohibited by private covenants, conditions or restrictions governing the use of property, or by rules, regulations or orders issued by the Illinois Department of Public Health or the Stephenson County Health Department.

Section Four. Section 4-9 of Chapter 4 is hereby amended and restated in its entirety as follows:

Sec. 4-9. Enforcement and Penalties.

A.     Enforcement.

The Village may enforce the provisions of this Chapter 4 through a civil action in any court of competent jurisdiction. The Village may apply to any court of competent jurisdiction for an order to restrain any responsible party from taking any action contrary to the provisions of this Chapter or to require any responsible party to take any action to comply with the provisions of this Chapter.

B.      Fines and Penalties.

Any person who violates any of the provisions of this Chapter shall be subject to a fine for each offense in accordance with the following schedule:

             First Offense:         Minimum Fine — Seventy-Five Dollars 75.00)

Maximum Fine — Seven Hundred Fifty Dollars (S750.00)

Second or More Offense: Minimum Fine —Two Hundred Fifty Dollars ($250.00)

Maximum Fine — Seven Hundred Fifty Dollars ($750.00)

In the ease of any violation of Section 4-8 as well as the imposition of any fine or fines, the Village may, in its sole discretion, revoke the license issued pursuant to Section 4-8. Any license revoked under Section 4-8 shall not be renewed, and the Village shall not issue a new license for the property owner of record. In addition, a person who violates this Chapter shall be liable to the Village for the reasonable costs incurred by the Village to abate the unlawful acts of any responsible party. A default in the payment of a fine or penalty or any installment of a fine or penalty may be collected by any means authorized for the collection of monetan•' judgments. The Village may retain attorneys and private collection agents for the purpose of collecting any default in payment of any fine or penalty or installment of that fine or penalty. All fees or costs incurred by the Village with respect to attorneys or private collection agents retained by the Village shall be charged to the offender, and a court of competent jurisdiction may enter judgment therefore.

Sec. 4-9 Penalty.

Any person, firm or corporation violating any provisions of this ordinance shall be fined not less than Fifty Dollars ($50.00) nor more that Two Hundred Dollars ($200.00) for each offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. 

Sec. 5-1  Property Description.

The following described property heretofore set apart and used as a burial place for the dead and known as Highland Cemetery is hereby continued for that purpose and is and to be known and designated as "Highland Cemetery", to wit:

Commencing at the South east corner of the Northeast Quarter of the Southeast Quarter of Section Five, Township Twenty-six North, Range Six East of the Fourth P.M., and running thence North Five Hundred Fifth-five Feet, thence West Four Hundred feet, thence South Five Hundred Fifty-five feet, thence East Four Hundred Feet to the place of beginning, containing five acres more or less, situated in the Town of Loran in the County of Stephenson and the State of Illinois.

Sec. 5-2  Cemetery Board Duties.

The Board of Trustees of the Village of Pearl City, Illinois, shall hereafter also act as a board of cemetery managers and shall have, under its jurisdiction and control, the management, maintenance and operation of the said cemetery, including the sale of lots now owned by this Village and located in said cemetery, and shall specifically have the following powers:

(a) To employ a sexton, who shall be an employee of said Board; to prescribe his duties, and fix his salary, to be paid from funds in the hands of said Board.

(b) To administer and preserve all records relating to said cemetery and particularly with reference to the ownership of all lots.

(c) To receive from lot owners and others, funds for the maintenance of individual lots and to expend such funds for the purposes designated.

(d) To appraise and fix the value of each lot owned and for sale by the Village in said cemetery.

(e) To make all reasonable rules and regulations for the conduct of the cemetery and all additions thereto, to fix the fees and charges to be imposed for the services of the sexton, if one is employed, or for the facilities of the said cemetery.

(f) To receive, manage, invest, control and spend such sums as may come into its hands as property of the said cemetery, either through appropriation and levy of taxes for cemetery maintenance by this Board, or otherwise.

(g) To administer the funds hereinafter received, from any source, for the perpetual care of portions or all of said cemetery.

Sec. 5-3  Books and records.

The Village Clerk shall keep and maintain due and proper books and records of all of the activities and financial transactions connected with such cemetery, and shall act under the direction and authority of this Board of Trustees in connection with the maintenance and operation of such cemetery.

Sec. 5-4  Management in accordance with Statute.

The said cemetery, and all of its assets, real or personal, tangible or intangible, shall be otherwise managed, controlled, operated, invested or cared for in accordance with the Statutes of the State of Illinois and in accordance with the further ordinance or resolution of the Board of Trustees.

Sec. 5-5  Unlawful entry.

It shall be unlawful for any person or persons, other than duly authorized officers, officials or employees of the village, to enter into or be upon the cemetery grounds of the village during the time after sunset and before sunrise of any day without first obtaining the permission of the sexton or village officer in charge of said cemetery.

Sec. 5-6  Trespass, loitering; exceptions.

It shall be unlawful for any person to loiter or trespass upon lots and graves of the village cemetery, but nothing herein shall be construed to prohibit any person having lawful business in the cemetery in connection with improvement thereof or persons visiting the graves of relatives or friends from being in said cemetery in accordance with the rules.

Sec. 5-7  Grave decorations (flowers).

The placing of cut flowers or plastic flowers over individual graves shall be permitted; however, said village shall not be responsible for the care of such flowers or the containers that they are placed in.  Further, said village shall remove, without notice, all flowers, real or artificial, that remain over fifteen days.
            a)     No glass or glass containers are allowed to house real  or artificial flowers or to be used as a grave decoration.
            b)     The Cemetery is not responsible for theft or damage to any personal property, including artifacts, personal effects, etc., placed on or near Interment Spaces or elsewhere in the Cemetery.

Sec. 5-8  Rubbish; debris.

It shall be unlawful for any person to dispose of any rubbish, trash, waste materials, litter, or debris of any kind in the village cemetery.

Sec. 5-9  Property damage.

No person shall remove, molest, injure, mar, deface, throw down or destroy any headstone, monument, survey marker, corner marker, tomb, vault or mausoleum, or decoration on any cemetery lot in said cemetery, or open, disturb or molest any grave or place of burial therein.  This shall not prohibit acts by cemetery officers and employees, or public officials, in carrying out their duties.

Sec. 5-10  Trees, shrubs, and flowers.

It shall be unlawful for any unauthorized person to plant any tree, shrub or other plant in the cemetery except those permitted by the general landscape plan approved by the village governing body.  It shall be unlawful for any unauthorized person to cut down, injure, break or destroy any tree, shrub or other plant growing in the cemetery, or to pick, pluck or cut any flower or decorative plant except as authorized by the cemetery rules.

Sec. 5-11  Speed of vehicles.

It shall be unlawful for any person to drive any vehicle in said cemetery faster than ten (10) miles per hour.

Sec. 5-12  Maintenance of Memorial Trees.

Beginning January 1, 2012, any dead or damaged Memorial trees will be replaced only if all replacement costs are covered by the individual requesting the replacement.  If not replaced, dead or damaged trees may be removed by the city.

Sec. 5-13  Headstones / Markers

a)    All burials and or cremations require a marker or headstone located on the lot of the burial or cremation.
b)    No person shall place more than one marker or headstone on each individual lot sold with exception of a veteran stone.  One veteran stone can be placed in addition to a  headstone to each individual lot.
c)     Once a marker or headstone has been placed it is the responsibility of the owner.  Highland Cemetery is not responsible for "tipped" headstones that have "Skated" off their foundations due to ice formation or installation failure.
d)    Any marker or headstone damaged as a result of "general maintenance practices" shall be the duty of the Cemetery Board.  Disputes regarding the responsibilities of the damages shall concur with the Cemetery Board.
e)    Markers or headstones shall be centered at the "head" or "walkway" of the individual lot sold.
f)    The marker of headstones shall not impede into the walkway, maintaining an eight foot space to the walkway.
g)    Markers or headstones shall be approved by the cemetery board or the cemetery sexton prior to the installation.  The Cemetery Board and/or the Sexton has the right to reject any headstone deemed inappropriate.
h)    Any monuments other than headstones such as benches, etc. must be approved by the Cemetery Board and or Cemetery Sexton.
i)    No marker or headstone will be placed until the lot is paid-in-full and the deed has been issued.

Sec. 5-14  Burials/Cremations

a)    Graveside or interment ceremonies and or burials are the responsibility of the lot owner or deceased.
b)    All cremations and or burials must be approved by the cmetery board and or Sexton.  Proper record keeping of each burial is required.
c)    A total of two cremation burials are allowed per individual lot sold.
d)    Cremation burials are not allowed on the same lot occupying a vault and casket.
e)    The scattering of cremated remains is prohibited.  The remains must be kept in an Interment space such as an urn or "niche" and placed below the ground within the lot boundaries.

Sec. 5-14  Lot Ownership/Deeds

a)    All cemetery deeds are transferable
b)    All lots will be sold in "twos" (10x10 feet) or "fours" (20x10 feet) by the Cemetery Sexton.
c)    Any deed which is sold or transferred to another, it is the responsiblility of the original owner to notify or provide proof of transferred lot to the Cmetery Board or Sexton for record-keeping purposes.
d)    Lot owners shall be provided with the original cemetery lot deed and the cemetery Sexton shall maintain a copy for record-keeping.
e)    All Cemetery Deeds shall be signed by the Village President and VIllage Secretary.  All Cemetery Deeds shall benotarized through a certified notary public.

 ARTICLE I.  GENERALLY.

Sec. 6-1 Board.

That the President of the Board of Trustees, the Village Clerk and the County Health Inspector shall constitute the Board of Health for the Village of Pearl City, Illinois.

Sec. 6-2  Duties.

It shall be the duty of the Board of Health to enforce all the rules and regulations of the Department of Health of the State of Illinois and all Health ordinances and regulations of the Village of Pearl City, Illinois.

Sec. 6-3  Powers.

The Board of Health shall have the power to make and enforce such rules and regulations as may be necessary to safeguard public health, but the said rules and regulations shall in no way conflict with the laws of the State of Illinois.

ARTICLE II.  LITTER, GARBAGE & TRASH.

Sec. 6-10  Definitions.

As used in this ordinance:

Garbage is a putrescible animal and vegetable wastes resulting from handling, preparation, cooking and consumption of food.

Litter is "garbage", "refuse", and "rubbish" as defined herein and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety to welfare.

Refuse is all putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid market and industrial wastes.

Rubbish is nonputrescible solid wastes consisting of both combustible and non-combustible wastes, such as paper, printed mater, wrappings, cigarettes, cardboard, tin cans, yard clippings, wood, glass, bedding, metal crockery and similar materials, and a motor vehicle not currently licensed by the State of Illinois or other state or country, exposed to the view of the general public and not either enclosed in a building or structure or located on the sales lot of a licensed automobile dealer.

Sec. 6-11  Litter in public places.

No person shall throw or deposit litter in or upon any street, sidewalk or other public place except in public or private receptacles for collection, or in authorized dumps.

Sec. 6-12  Placement of litter in receptacles.

Persons placing litter in private receptacles shall do so in such a manner as to prevent it from being carried therefrom by the elements.

Sec. 6-13  Merchants duty.

Persons owning or occupying places of business shall keep the sidewalk in front of their business premises free of litter.

Sec. 6-14  Persons in vehicles.

No persons, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place, or upon private property.

Sec. 6-15  Truck loads.

No person shall drive or move any vehicle unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or shaken therefrom.

Sec. 6-16  Mail and newspapers.

Mail and newspapers shall be placed on private property so as to prevent their being carried by the elements.

Sec. 6-17  Litter from aircraft.

No person in an aircraft shall throw, drop or deposit with the village any litter or any other object.

Sec. 6-18  Litter on private property.

No person shall throw, keep, maintain, or deposit litter on any private property, whether occupied or not and whether owned or controlled by such person or not, except that the owner or person in control of private property may maintain receptacles for collection so that litter will not be carried or deposited by the elements upon any streets, sidewalk or other public or private place.

Sec. 6-19  Clearing of litter.

Upon the failure or refusal of any owner or agent to properly dispose of litter, after reasonable notice, the Village may arrange for the disposing of such litter.  The owner or agent shall pay the cost of such work, plus ten percent, in addition to criminal penalties.

Sec 6-20 Exterior storage of objects and equipment.

Except as provided herein, no person who owns or IS in possession Of, in charge Of in control of any property Shall store, deposit, scatter, or keep on the premises in any residential area any of the following: lumber, scrap metal, construction materials, machinery components; equipment, appliances; furniture not designed  for exterior use, or any similar object which is not clearly "intended for outdoor use on the premises:

       This section shall not apply to lumber, construction materials, or equipment which is intended for use within 30 days in construction or renovation on the premises.  This section shall not apply to any 'lumber; construction materials, or equipment which is intended for use: in construction renovation on the Premise for which there exists an active building permit'

This section shall not apply to any object in an enclosed building or so located upon the premises and not readily visible from any public place or street or adjacent property. This section shall not apply to any object located in the rear yard of any premises in an area of no more than eight (8 feet) by six feet (6 feet)  in height and shielded from view by a covering.

      The Village President or his designee; upon observation Or upon complaint that conditions exist on any real property in the City that violate this section, shall investigate the conditions existing upon such property: If as a result of such investigation the Village President or his designee determines that the owner; occupant, or person in charge of such property is in violation of this section, the Village President, or his designee shall provide a written notice to the person to take such action within the time specified in the notice, not less than ten (10) days; as shall be necessary to rectify the violation identified in the notice. Such notice may be given by certified mail to person's last known address,

Sec. 6-21 Penalties.

Any person, firm, co-partnership, association or corporation found guilty of violating any of the provisions of this ordinance shall be fined not less than Fifty Dollars ($50.00) nor more than Two Hundred Dollars ($200.00) for each offense, it being permissible for an alleged offender to post and deposit his Illinois Driver's License in lieu of bond for such offense.

ARTICLE III - WEEDS & GRASSES

Sec. 6-22 Nuisance Declared.

Whoever shall suffer or permit any cockleburs, thistles, burdocks or rank or noxious weeds, grass or vegetation to grow or be upon any lot or premises owned, occupied or controlled by him or her shall be deemed guilty of maintaining a nuisance.

Sec. 6-23  Violation defined.

Whoever shall suffer or permit weeds or tall grasses to grow or be upon   any lot or premises owned, occupied or controlled by him or her shall be deemed guilty of maintaining a nuisance.

Sec. 6-24 Weeds or tall grass defined

Under this chapter, weeds or tall grasses shall be defined as grass or weeds, including,  but not limited to, burdock, ragweed (giant), ragweed (common), thistle, cocklebur,  jimson, vervain, common milkweed, wild carrot, poison ivy, wild mustard, rough  pigweed, lambs-quarter, wild lettuce, curled dock, nettles, smartweeds (all varieties),  poison hemlock and wild hemp, when such grass or  weeds shall have reached a height in  excess of eight inches.

Sec. 6-25 Grass or weeds; Duty to cut; Noncompliance; Remedy of city

(a) If any owner of real estate or tenant of property permits weeds and /or tall grass in excess of six inches in height to remain standing upon his or her property, the city may issue a citation to the owner or tenant to cut or remove the grass or weeds.  The village of Pearl City, in its sole discretion, may post a warning notice to the owner or tenant prior to issuing a citation.  Posted notices shall be in at least twelve-point type and prominently posted on or near the property.

(b) In addition to issuing a citation, and concurrent with same, the city or its agent may cut or remove the grass or weeds and recover its expenses for such work.

Sec. 6-26 Collection; Minimum charge; Notice of lien; Contents; Release

(a) Collection; Minimum Charge. 

If grass or weeds or cut by the city, or   by someone directed to cut them on its behalf, the city may assess actual costs  for same, but in no event less than forty dollars ($50.00) per hour .  The city shall take reasonable steps to collect its  expenses for such work.  Reasonable steps may include written notice to the owner of record followed by placement in collection and / or filing of a suit to collect in Circuit Court.  Such suit may include collection accumulated cuttings and associated labor and multiple administrative fees together with reasonable attorney’s fees and court costs. The city may also file a lien against the real estate as provided in this section. These remedies shall not be considered mutually exclusive.
 

(b) Notice of Lien. 

If grass or weeds are cut by the city or by someone  directed to cut them on its behalf, a notice of lien for expenses incurred shall be  recorded in the office of the County Clerk and Recorder within sixty days after the  expense is incurred.

(c) Contents. 

   The notice of lien shall consist of a sworn statement setting out the  following: 

   1) A description of the real estate sufficient for identification thereof;
   2) The amount of money representing the cost and expense incurred or payable for the service; and
   3) The date or dates when said cost and expense were incurred.
 

(d)  Release of Lien.

Upon payment of the cost and expense, the lien shall be released  by the city or person in whose name the lien has been filed, and the release shall be filed  of record in the same manner of filing notice of lien.

Sec. 6-27 Mandatory Injunction
 

In addition to all other penalties and remedies provided for this chapter, the City shall  have the right to seek and obtain a mandatory injunction against the owner of any such  real estate who is in violation of any of the provisions of this chapter, enjoining and  ordering him or her to cut grass and  grass or weeds in compliance with the provisions of  this chapter.

Sec. 6-28 Incorporation of Applicable Statutory Provisions
 

All applicable and pertinent provisions of 65 ILCS 5/11-20-7, as heretofore and hereafter amended, are incorporated herein by reference, subject to the provisions of  section 202.05 (b) of the Administrative Code.

Sec. 6-29 Penalties.
Any person, firm, co-partnership, association or corporation found guilty of violating any of  the provisions of this ordinance shall be fined not less than Fifty Dollars ($50.00) nor more than Two Hundred Dollars ($200.00) for each offense, it being permissible for an alleged  offender to post and deposit his Illinois Driver's License in lieu of bond for such offense.

ARTICLE I - GENERALLY

Sec. 7-1  Manner of making application for licenses and permits; contents.

Applications for all licenses and permits required by this Code or other ordinance of the village shall be made in writing to the village clerk in the absence of provision to the contrary.  Each application shall state the name of the applicant, the permit or license desired, the location to be used, if any, the time covered and the fee to be paid; and each application shall contain such additional information as may be needed for the proper guidance of the village officials in the issuing of the permit or license.

Sec. 7-2  Village clerk to keep forms on file.

 Forms for all licenses and permits, and applications therefor, shall be prepared and kept on file by the village clerk.

Sec. 7-3  Transfer of license.

No license granted under any ordinance shall be assignable or transferrable without the consent of the president and the board of trustees, nor shall any such license be used by any other person than the one to whom the same was issued.  

Sec. 7-4  Signature of village president and clerk required on licenses and permits.

Each license or permit issued by the village shall bear the signatures of the village president or the village clerk in the absence of any provision to the contrary.

ARTICLE II - Junk Dealers

Sec. 7-14  License required.

It shall be unlawful to operate or carry on the business of junk dealer or to keep any junk shop, store or place for the purchase or sale of junk, rags, old rope, papers or bagging, old iron, brass, copper or empty bottles, without having obtained a license therefor as hereinafter provided.

Sec. 7-15  Applications.

Applications for such licenses shall be made in conformance with the provisions of the ordinances relating to licenses.

Sec. 7-16  Fee.

The fee to be paid for an annual license shall be $50.00.

Sec. 7-17  Premises.

Any premises, area or piece or parcel of land licensed and used as a junk yard shall have not more than two entrances and two exits each of which shall not exceed fifteen feet in width at the perimeter of the premises.  Such premises, areas, pieces or parcels of land shall be enclosed with either a solid non-transparent wall or fence or link-weave steel wire or combination thereof with a minimum height of seven feet from ground level excepting for entrances and exits.  The fence or wall shall not contain any poster or advertising of any kind excepting one sign of the licensee not exceeding one hundred square feet in size.

Sec. 7-18  Vehicles.

Every vehicle used by a junk dealer in the conduct of his business, shall bar thereon in legible characters the name and address of the owner and proprietor thereof.

Article III.  Peddlers & Transient Vendors.

Sec. 7-20  Definitions.

(a) Peddler means a person who shall sell, offer for sale at retail or as a commission merchant or barter or exchange any goods, wares, or merchandise traveling from place to place along or upon the streets or alleys of the village or at the doors of houses, apartments or stores, or who shall offer for sale or sell and deliver immediately from push-cart, automobiles, other vehicle or stand, shall for the purposes of this ordinance, be deemed a peddler.

(b) Solicitors means any person calling at residences without the previous consent of the occupant for purpose of soliciting orders, sales, subscriptions, or business of any kind.

Sec. 7-21  Necessity for License.

It shall be unlawful for any person, firm or corporation to engage in the business of peddler of any merchandise, article or thing without having first obtained a license therefor as herein provided.

Sec. 7-22  Applications.

Applications for such licenses shall be made in conformance with the provisions of the ordinances relating to licenses.

Sec. 7-23  Fees.

The fee to be paid for such license shall be $25.00 per week or in the case of daily peddlers, $5.00 per day.

Sec. 7-24  Exemptions from Article.

The provisions of this article shall not apply to officers or employees of the village, county, state or federal government, or any subdivision thereof, when on official business.

Sec. 7-25  Charitable Solicitations.

(a) Any person who desires to solicit in the village for charitable purposes shall first apply to the village board of trustees and shall prove to the satisfaction of the board of trustees that the purpose of the solicitation is, in fact, charitable.

(b) The village board of trustees, upon being satisfied that the purpose of the proposed solicitation is charitable, mat in their discretion waive the license fee.  The Village Board may fix the dates when such solicitation may be made and impose other reasonable regulations as they deem appropriate.

Sec. 7-26  Violations.

Each violation of the terms of this ordinance shall be punishable by a fine of not less than Fifty Dollars ($50.00) nor more than Two Hundred Dollars ($200.00) for each offense and each day that a violation continues to be deemed a separate offense.

Sec. 7-27  Duty to carry and exhibit registration certificate.

Each person shall, at all times while soliciting in the village, carry upon his person the registration certificate issued pursuant to this article, and the same shall be exhibited by the registrant whenever he is required to do so by any police officer or any person solicited.

Sec. 7-28  Revocation; grounds. 

Any registration certificate issued pursuant to this article may be revoked by the village president for any violation of this article, other ordinance of the village, or of any state or federal law, or whenever the registrant shall cease to possess the qualifications and character required in this article for the original issuance of the certificate.

Article I - General Provisions

Sec. 8-1  Definitions.

Whenever in this chapter the following terms are used they shall have the meanings respectively ascribed to them in this section.

Crosswalk.  That portion of the roadway included within the prolongation of the sidewalk lines at street intersections.

Emergency vehicle.  Vehicles of any police, sheriff or law enforcement agency; fire fighting trucks and vehicles; ambulances; any vehicle conveying a Village official or employee in response to any official emergency call.

Park.  To stand a vehicle, whether occupied or not, for a period of time greater than is reasonably necessary for actual loading or unloading of persons or merchandise.

Roadway.  That portion of a street designed or ordinarily used for vehicular traffic, exclusive of the shoulder.

School Zone.  That portion of a street adjoining or near school grounds where authorized signs are erected, designating or indicating a school.

Sidewalk.  That portion of a street between the curb line and the adjacent property line.

Vehicle.  Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, including bicycles but not including perambulators or toy vehicles.

All other terms used herein shall have the meanings ascribed to them by Statute.

Sec. 8-2  Illinois Vehicle Code.

In all matters affecting motor vehicles not herein referred to, and where applicable, the provisions of Chapter 95-1/2 of the Illinois Revised Statutes, entitled "The Illinois Vehicle Code" and revisions thereto shall govern, and such Act is hereby incorporated by reference.

Sec. 8-3  Signs and Signals.

It shall be unlawful for the driver of any vehicle to disobey the instructions of any traffic sign or signal placed in view by the authority of the President and Board of Trustees or in accordance with the laws of the State of Illinois.

Sec. 8-4  Interference with Signs.

It shall be unlawful for any person to deface, injure, move or interfere with any official traffic sign or signal.

Sec. 8-5  Animals and Bicycles.

Every person riding a bicycle or any animal, or driving any animal drawing a vehicle upon any street shall be subject to the provisions of this chapter applicable to the driver of a vehicle, except those provisions which can have an application to riding a bicycle or driving or riding an animal.

Sec. 8-6  Exemptions.

The provisions of the Article regulating the movement or parking of vehicles shall not apply to emergency vehicles while the driver thereof is engaged in the performance of emergency duties, nor shall such provisions apply to persons engaged in repairing or otherwise improving the street under the authority of the Village Board or of the State of Illinois.

ARTICLE II.  RULES OF DRIVING.

Sec. 8-12  Driver's license required.

It shall be unlawful for any person to operate any vehicle in the village if he has not been issued a valid operator's license under state law.

Sec. 8-13  Driving while intoxicated or drugged.

(a) No person who is under the influence of intoxicating liquor may drive or be in actual physical control of any vehicle within this Village.

(b) No person who is an habitual user of or under the influence of any narcotic drug or who is under the influence of any other drug to a degree which renders him incapable of safely driving a vehicle may drive or be in actual physical control of any vehicle within this village.  The fact that a person charged with a violation of this subsection (b) is or has been entitled to use such drug under the law of this state does not constitute a defense against any charge of violation of this subsection(b).

Sec. 8-14  Speed in school zones.

No person shall drive a motor vehicle at a speed in excess of twenty (20) miles per hour while passing a school zone or while traveling upon any public thoroughfare on or across while children pass along to and from school during school days when schoolchildren are present.

This section shall not be applicable unless appropriate signs are posted to indicate this restriction.  Such signs shall give proper due warning that a school zone is being approached and shall indicate the school zone and the maximum speed limit in effect during school days when schoolchildren are present.

State law reference--Similar provisions, Ill. Rev. Stat., Chap.95-1/2, Sec. 11-605.

Sec. 8-15  Speed generally.

(a) It shall be unlawful to drive any motor vehicle on any street within the village limits of Pearl City in excess of 30 miles per hour.

(b)  If the president and board of trustees by ordinance sets other limits as provided by statute, then such limits shall govern the rate of speed on the streets indicated in such ordinances.  The street department shall post appropriate signs showing such speed limits.

(c)  The fact that the speed of a vehicle does not exceed the applicable maximum speed limit does not relieve the driver from the duty to decrease speed when approaching and crossing an intersection, when approaching and going around a curve, when approaching a hillcrest, when traveling upon any narrow or winding roadway or when special hazards exist with respect to pedestrians or other traffic, by reason of weather or highway conditions, and speed shall be decreased as may be necessary to avoid colliding with any person or vehicle on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.

(d)  It shall be unlawful for any motor vehicle to exceed the speed limit of 20 mph on Summit from North to Walgren Rd.  amended 10-4-94 

State law reference--Alteration of state speed limits by local authorities, Ill. Rev. Stat., Chap. 95-1/2, Sec. 11-604.

Sec. 8-16  Duty to keep to the Right.

Any driver of a vehicle upon meeting another vehicle shall turn to the right side of the roadway as far as may be necessary in order to avoid collision with such vehicle, and it shall be unlawful to operate any vehicle upon the left side of any roadway, except where necessary because of obstructions.

Sec. 8-17  Overtaking.

Any driver of a vehicle, upon overtaking another vehicle, shall pass on the left side of the overtaken vehicle.  On audible signal, any driver of a vehicle traveling upon any street in the Village shall as soon as practicable turn to the right, so as to allow any overtaking vehicle free passage to the left of the overtaken vehicle.

Sec. 8-18  Reckless driving.

It shall be unlawful to operate any vehicle in the Village in a reckless or wanton manner or so as to unnecessarily endanger life or property.

Sec. 8-19  One-Way Stop Streets.

The streets hereinafter described are hereby designated one-way stop streets and when properly sign-posted on the corner of the intersection of the designated streets, no vehicle shall travel into the intersection without first coming to a full and complete stop:  Intersections of Main and Pearl City Road, Main and Center, Main and John, Main and Green, Main and North, Main and Walgren, First and South, East and South, First and Devore, First and North, First and Green, First and Mill.

State law reference--Similar provisions, Ill. Rev. Stat., Chap. 95-1/2, Sec. 11-701.

Sec. 8-20  Two-Way Stop Streets.

The streets hereinafter described are hereby designated two-way stop streets, and when properly sign-posted no vehicle shall travel from the designated street into the intersection without first coming to a full and complete stop, and it is further provided that at the intersection traffic proceeding on the street wherein the vehicle is not required to stop shall have preference over traffic traveling on the street designated as a stop street:  Intersections of Main and Mill, Main and Grant, Main and Devore, Main and South, First and Grant.

Sec. 8-21  Three-way Stop Streets. amended 10-4-93

The streets hereinafter described are hereby designated three-way stop streets and when signs are properly posted no vehicles shall be driven from the designated street into the intersection without first coming to a full and complete stop and then proceeding carefully and cautiously, yielding to any other vehicle which has already stopped at another stop sign at such intersection:  Intersections of Summit and Devore, Summit and South, Summit and LuMar.

Sec. 8-24  Yield right-of-way intersections.

(a) Yield right-of-way signs shall be erected at the intersections, and preference to traffic through such intersections shall be allowed as follows: Intersection of John and East.

(b)  The driver of a vehicle in obedience to a yield right-of-way sign shall reduce the speed of his vehicle to not more than twenty(20) miles per hour and shall yield the right-of-way to other vehicles which have entered the intersecting highway either for the right or left or which are approaching so closely on said intersecting highway as to constitute an immediate hazard; but said driver having so yielded may proceed at such time as a safe interval occurs.

(c)  If a driver is involved in a collision at an intersection or interferes with the movement of other vehicles after driving past a yield right-of-way sign, such collision or interference shall be deemed prima facie evidence of the driver's failure to yield the right-of-way. 

Sec. 8-25  Right-of-way when emerging from alley, building, private road, driveway.

The driver of a vehicle emerging from an alley, building, private road or driveway shall stop such vehicle immediately prior to driving into the sidewalk area extending across such alley, building entrance, road or driveway, or in the event there is no sidewalk area, shall stop at the point nearest the street to be entered where the driver has a view of approaching traffic thereon, and shall yield the right-of-way to any pedestrian as may be necessary to avoid collision, and upon entering the roadway shall yield the right-of-way to all vehicles approaching on said roadway.

State law reference--Similar provisions, Ill. Rev. Stat., Chap 95 ½, Sec. 11-1205.

Sec. 8-26  Pedestrians' right-of-way on sidewalks.

The driver of a vehicle emerging from or entering an alley, building, private road or driveway shall yield the right-of-way to any pedestrian approaching on any sidewalk or any sidewalk area extending across such alley, building entrance, road or driveway.

State law reference--Similar provisions, Ill. Rev. Stat., Chap. 95 ½, Sec. 11-1007.1

Sec. 8-27  Required position and method of turning at intersections.

The driver of a vehicle intending to turn at an intersection shall do so as follows:

(a) Both the approach for a right turn and a right turn shall be made as close a practical to the right-hand curb or edge of the roadway.

(b) The driver of a vehicle intending to turn left at any intersection shall approach the intersection in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of such vehicle, and after entering the intersection, the left turn shall be made so as to leave the intersection in a lane lawfully available to traffic moving in such direction upon the roadway being entered.  Whenever practicable the left turn shall be made in that portion of the intersection to the left of the center of the intersection.

(c) The village board may cause official traffic-control devices to be placed within or adjacent to intersections and thereby require and direct that a different course from that specified in this section be traveled by vehicles turning at an intersection other than as directed and required by such devices.

State law reference--Similar provisions, Ill. Rev. Stat., Chap. 95 ½, Sec. 11-801; authority to regulate turns, Ill. Rev. Stat., Chap. 95 ½, Sec. 11-208(9).

Sec. 8-28  Right-of-way when vehicle turning left.

The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction which is so close as to constitute an immediate hazard, but said driver, having so yielded may proceed at such time as a safe interval occurs.

State law reference--Similar provisions, Ill. Rev. Stat., Chap 95-1/2, Sec. 11-902.

Sec. 8-29  Driver's signal required.

No driver of a vehicle shall suddenly start, slow down, stop or attempt to stop or turn without first giving a suitable signal in such manner as to apprise others who might be affected by his action.

The signal herein required shall be given either by means of the hand and arm signal or by a signal lamp or other signal device, but when a vehicle is so constructed or loaded that a hand and arm signal would not be visible both to the front and rear of such vehicle, then said signals must be given by such lamp or device.

All signals required, given by hand and arm signal, shall be given from the left side of the vehicle and in the following manner and such signals shall indicate:

(1) Left turn - hand and arm extended horizontally.

(2) Right turn - hand and arm extended upward or moved with a sweeping motion from the rear to the front.

(3) Stop or decrease speed - hand and arm extended downward.

Sec. 8-30  Following, parking near fire apparatus prohibited.

The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than five hundred (500) feet or drive into or park such vehicle within the block where fire apparatus has stopped in answer to a fire alarm.

State law reference--Similar provisions, Ill. Rev. Stat., Chap. 95 ½, Sec. 11-1411.

Sec. 8-31 Crossing fire hose.

No vehicle shall be driven over any unprotected hose of a fire department when laid down on any street, private road or driveway to be used at any fire or alarm of fire, without the consent of the fire department official in command.

State law reference--Similar provisions, Ill. Rev. Stat., Chap,.95 ½, Sec. 11-1412.

Sec. 8-32 Driving upon sidewalk.

No person shall drive any motor-driven vehicle upon a sidewalk or sidewalk area except upon a permanent or duly authorized temporary driveway, or for routine maintenance, utility or emergency service, or for special delivery or pick-up involving goods or customer services.

State law reference--Similar provisions, Ill. Rev. Stat., Chap. 95 ½, Sec. 11-1412.1.

Sec. 8-33 Traffic not to be obstructed.

No vehicle shall be operated or allowed to remain upon the street in such a manner as to form an unreasonable obstruction to the traffic thereon.

Sec. 8-34 Limitations on backing.

The driver of a vehicle shall not back the same unless such movement can be made with safety and without interfering with other traffic.

State law reference--Similar provisions, Ill. Rev. Stat., Chap. 95 ½, Sec. 11-1402.

Sec. 8-40 -- 8-49 Reserved.

Article III - Parking, Stopping and Standing

Sec. 8-50  Presumption of liability for violation.

The fact that an automobile which is illegally parked is registered in the name of a person shall be considered prima facie proof that such person was in control of the automobile at the time of such parking.

Sec. 8-51  Signs required.

The president and board of trustees shall cause signs to be posted in all areas where parking is limited or prohibited, indicating such limitations or prohibitions.

Sec. 8-52  Places prohibited.

No person shall park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control device, in any of the following places:

(a) On a sidewalk;

(b) In front of a public or private driveway;

(c) Within an intersection;

(d) Within fifteen (15) feet of a fire hydrant;

(e) On a crosswalk;

(f) Within twenty (20) feet upon the approach to any flashing beacon, stop sign, or traffic-control signal located at the side of a roadway;   

(h) Between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone, unless the state, county or village authorities under their respective jurisdiction indicate a different length by signs or markings;

(I) Within fifty (50) feet of the nearest rail of a railroad grade crossing;

(j) Within twenty (20) feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five (75) feet of said entrance when properly sign-posted;

(k) Alongside or opposite any street excavation or obstruction when such parking would obstruct traffic;

(l) On the roadway side of any vehicle parked at the edge or curb of a street;

(m) Upon any bridge or other elevated structure upon a highway or within a highway tunnel;

(n) At any place where official signs prohibit parking.

(o) No person shall park a vehicle on any street within the limits of the VIllage of Pearl City for longer than forty-eight (48) consecutive hours.

State law reference--Similar provisions, Ill. Rev. Stat., Chap. 95 ½ , Sec. 11-1303.

Sec. 8-54  Manner of parking.

No vehicle shall be parked with the left side of such vehicle next to the curb, except on one-way streets, and it shall be unlawful to stand or park and vehicle in a street other than parallel with the curb and with the two(2) right wheels of the vehicle within twelve (12) inches of the regularly established curbline, except that upon those streets that have been marked for angle parking, vehicles shall be parked at the angel to the curb indicated by such marks.

State law reference--Similar provisions, Ill. Rev. Stat., Chap. 95 ½, Sec. 11-1304.

Sec. 8-55  Parking on private property.

It shall be unlawful to park any motor vehicle on any private property without the consent of the owner of the property.

Sec. 8-56  Duties when leaving vehicle unattended.

No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition and removing the key, or when standing upon any perceptible grade without effectively setting the brake and turning the front wheels to the curb or side of the highway.

State law reference--Similar provisions, Ill. Rev. Stat., Chap. 95 ½, Sec. 11-1401.

Sec. 8-58  Penalty.

Any person violating any of the restricted, limited or no parking spaces shall be fined not less than ten dollars ($10.00) nor more than Two Hundred dollars ($200.00) for such offense.

Sec. 8-59  Payment of fine.

Parking fines may be place in the drop box located at the village building at 302 Station Street, or a stamp may be placed on the ticket by the violator and mailed.  If such fine is not paid before noon on the tenth working day after such offense is committed, then such fine shall be not less than twenty dollars ($20.00) nor more than two hundred ($200.00) for such offense.

Sec. 8-137 Amendment.

Chapter 8 amended by the addition of Sections 8-58 and 8-59 passed by the village Board of Pearl City, Illinois on November 3, 1986.  Effective date November 3, 1986.

Secs. 8-60 -- 8-67.  Reserved.

Article IV - Pedestrians

Sec. 8-70  Right of way.

(a) It shall be unlawful for the driver of any vehicle to drive onto any crosswalk without the exercise of due and proper care in view of the special use made thereof by pedestrians.

(b) It shall be unlawful to drive any vehicle into any crosswalk while there is in such crosswalk upon the half of the roadway upon which such vehicle is traveling any pedestrian shall  have engaged in crossing the roadway until such pedestrian shall have passed beyond the path of such vehicle, when the pedestrian shall indicate his intention to cross. 

(c) The driver of a vehicle shall stop before entering any crosswalk when any other vehicle proceeding the same direction is stopped at such crosswalk for the purpose of permitting a pedestrian to cross.

Sec. 8-71  Pedestrians using roadway.

(a) At no place shall a pedestrian cross any roadway other than by the most direct routed to the opposite curbing, and when crossing at any place other than a crosswalk he shall yield the right-of-way to all vehicles upon the roadway.

(b) No person shall stand or loiter in any roadway other than in a safety zone, if such act interferes with the lawful movement of traffic.

(c) It shall be unlawful for any person to stand in a roadway for the purpose of soliciting a ride from the driver of any vehicle.

Sec.  8-72  Signals.

At intersections where traffic is directed by a policeman or by a stop and go signal, it shall be unlawful for any pedestrian to cross the roadway, other than with released traffic.

Article V - Vehicle Equipment and Condition

Sec. 8-80  Driving unsafe, unequipped vehicles.

It is unlawful for any person to drive or move or for the owner to cause or knowingly permit to be riven or moved on any highway any vehicle or combination of vehicles which is in such unsafe condition as to endanger any person or property, or which does not contain those parts or is not at all times equipped with lamps and other equipment in proper condition and adjustment as required in this article, or which is equipped in any manner in violation of this article.

State law reference--Similar provisions, Ill. Rev. Stat., Chap. 95 ½, Sec. 12-101.

Sec. 8-81  Obstructions to vision.

It shall be unlawful to operate any vehicle which is so loaded or in such a condition that the operator does not have a clear vision of all parts of the roadway essential to the safe operation of the vehicle.  Any vehicle with the view of the roadway to the rear so obstructed shall be equipped with a mirror so attached as to give him a view of the roadway behind him.

Sec. 8-82  Lights generally.

It shall be unlawful to operate or park on any street any vehicle not equipped with adequate lights conforming to the requirements of the state law.

State law reference--Lights required, Ill. Rev. State., Chap. 95 ½, Sec. 12-201 et seq.

Sec. 8-83  Signal lamps and devices.

(a) Every vehicle other than an antique vehicle displaying an antique plate operated in this village shall be equipped with a stop lamp or lamps on the rear of the vehicle which shall display a red light visible from a distance of not less than five hundred (500) feet to the rear in normal sunlight and which shall be actuated upon application of the service (foot) brake, and which may but need not be incorporated with other rear lamps.  During times when lighted lamps are not required, an antique vehicle may be equipped with a stop lamp or lamps on the rear of such vehicle of the same type originally installed by the manufacturer as original equipment and in working order.  However, at all other times, such antique vehicles must be equipped with stop lamps meeting the requirements of this section.

(b) Every motor vehicle other than an antique vehicle displaying an antique plate shall be equipped with an electric turn signal device which shall indicate the intention of the driver to turn to the right or to the left in the form of flashing lights located at and showing to the front and rear of the vehicle on the side of the vehicle toward which the turn is to be made.  The lamps showing to the front shall be mounted on the same level and as widely spaced laterally as practicable and, when signaling, shall emit a white or amber light, or any shade of light between white and amber.  The lamps showing to the rear shall be mounted on the same level and as widely spaced laterally as practicable and, when signaling, shall emit a red light.  An antique vehicle shall be equipped with a turn signal device of the same type originally installed by the manufacturer as original equipment and in working order.

(c) Every trailer and semitrailer shall be equipped with an electric turn signal device which indicates the intention of the driver in the power unit to turn to the right or to the left in the form of flashing red lights located at the rear of the vehicle on the side toward which the turn is to be made and mounted on the same level and as widely spaced laterally as practicable.

(d) Turn signal lamps must be visible from a distance of not less than three hundred (300) feet in normal sunlight.

(e) Motorcycles and motor-driven cycles need not be equipped with electric turn signals.  Antique vehicles need not be equipped with turn signals unless such were installed by the manufacturer as original equipment.

State law reference--Signal devices, Ill. Rev. Stat., Chap.   95 ½, Sec. 12-208.

Sec. 8-84  Unnecessary noise.

It shall be unlawful to operate a vehicle which makes unusually loud or unnecessary noise.

Sec. 8-85  Emission of gas, smoke.

It shall be unlawful to operate any vehicle which emits dense smoke or such an amount of smoke or fumes as to be dangerous to the health of persons or as to endanger the drivers of other vehicles.

State law reference--Prevention of smoke, Ill. Rev. Stat., Chap. 95 ½, Sec. 12-121.

Sec. 8-86  Horns and warning devices.

(a) Every motor vehicle when operated upon a highway shall be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from  a distance of not less than two hundred (200) feet, but no horn or other warning device shall emit an unreasonable loud or harsh sound or a whistle.  The driver of a motor vehicle shall when reasonable necessary to insure safe operation give audible warning with his horn but shall not otherwise use such horn when upon a highway.

(b) No vehicle shall be equipped with nor shall any person use upon a vehicle any siren, whistle, or bell, except as otherwise permitted in this section.  Any authorized emergency vehicle may be equipped with a siren, whistle, or bell, capable of emitting sound audible under normal conditions from a distance of not less than five hundred (500) feet, but such siren, whistle or bell, shall not be used except when such vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law in which said latter events the driver of such vehicle shall sound said siren, whistle or bell, when necessary to warn pedestrians, and other drivers of the approach thereof.

(c) No bicycle shall be equipped with nor shall any person use upon a bicycle any siren, or whistle.

State law reference--Similar provisions, Ill. Rev. Stat., Chap. 95 ½, Sec. 12-601.

Sec. 8-87  Width, length, height of vehicle and load.

(a) The maximum width, length and height of any vehicle and it's load shall not exceed the limits expressed in the Illinois State Traffic Law.

(b) No passenger type vehicle shall be operated on the streets with a load extending beyond the line of the fender on the left side of the vehicle nor extending more than six (6) inches beyond the line of the fenders on the right side thereof.

(c) No combination of vehicles coupled together shall consist of more than two (2) units, but such limitation shall not apply to vehicles operated in daytime when transporting pipes, poles, machinery and other objects which cannot be readily dismembered, nor to such vehicles operated at nighttime by a public utility when engaged in emergency repair work, but such loads carried at night shall be clearly marked with sufficient lights to show the full dimensions of the load.

(d) No part of the load of a vehicle shall extend more than three (3) feet in front of the extreme front portion of the vehicle.

State law reference--Vehicle, size, weight, load, Ill. Rev. Stat., Chap. 95 ½, Sec. 15-101 et seq.

Sec. 8-88  Brakes.

It shall be unlawful to drive any motor vehicle upon a street unless such vehicle is equipped with good and sufficient brakes in good working condition, as required by the state traffic law, or to operate any vehicle which is so loaded that the operator does not have ready access to the mechanics operating the brakes of such vehicle.
 
State law reference--Brakes required, Ill. Rev. Stat., Chap. 95 ½, Sec. 12-301.

Sec. 8-89  Tires.

It shall be unlawful to operate on any street any motor vehicle which is not equipped with tires conforming to the requirements of the Illinois State Traffic Law.

State law reference--Restrictions as to tire equipment, Ill. Rev. Stat., Chap. 95 ½, Sec. 12-401.

Sec. 8-90  Weight.

It shall be unlawful to drive on any street any motor vehicle with a weight, including load, excess of that permitted by the state traffic law for driving on improved highways, or with weight distributed in a manner not conforming to such law, or in violation of special weight limits provided for by ordinance and signposted.

State law reference--Weight limitations, Ill. Rev. Stat., Chap. 95 ½, Sec. 15-111.

Sec. 8-91  Equipment on bicycles.

(a) Every bicycle, when in use during the period when lighted lamps are required under Section 12-102 of Illinois Revised Statutes, Chapter 95 ½, shall be equipped on the front with a lamp which shall be emitting a white light visible from a distance of at least five hundred (500) feet to the front and with a red reflector on the rear of a type approved by the secretary of state.  A lamp emitting a red light visible from a distance of five hundred (500) feet to the rear may be used in lieu of a red reflector.

(b) Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level, clean pavement.

(c) The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any provision of this section.

State law reference--Similar provisions, Ill. Rev. Stat., Chap. 95 ½, Sec. 12-206.

Sec. 8-92  Required equipment on motorcycles.

(a) No person shall operate any motorcycle with handlebars more than fifteen (15) inches in height above that portion of the seat or saddle occupied by the operator.

(b) Any motorcycle carrying a passenger, other than in a sidecar or enclosed cab, shall be equipped with permanent handgrips on the seat or saddle carrying such passenger, and with footrests adjusted to fit such passenger.

State law reference--Similar provisions, Ill. Rev. Stat., Chap. 95 ½, Sec. 11-1405.

Sec. 8-93  Squealing tires.

It shall be unlawful for any motor vehicle to squeal its tires for any reason except in an emergency.

Sec. 8-94 -- 8-102.  Reserved.

Article VI - Snowmobiles

Sec. 8-130 Routes.

Travel by groups or individual snowmobilers shall be restricted to proposed routes, except in emergency situations.

Sec. 8-131 Speed.

Speed limit of all snowmobiles within the city limits shall not exceed 15 miles per hour.

Sec. 8-132 Snowmobilers living withing the city limits.

Persons living within the city limits should use the safest route from their home to the proposed snowmobile routes.

Sec. 8-133 Parking.

Parking areas for snowmobiles shall be designated as such but permission for such parking should also be secured from owners of designated areas.  Only emergency parking will be allowed in any other areas.

Sec. 8-134 General conduct.

General conduct of snowmobile operation:

(a) All persons shall operate their snowmobile in the  safest manner possible while within the city limits.

(b)  Hours of snowmobile operation within the city limits shall be Sunday through Thursday, 7:00 a.m. through 10:00 p.m., Friday and Saturday 7:00 a.m. through 11:59 p.m.

(c) All other Village ordinances shall be adhered to by snowmobile operators.

Sec. 8-135 Routes.

Snowmobile routes will be as follows and will be posted as such.  All routes will be defined as leaving the American Legion parking area.

(a) WEST ROUTE - Leaving parking proceed in a  northwesterly direction to the south property line of Keith  Werkheiser, proceed north across Allen Brady property to Gold Mine Road and proceed west.

(b) EAST AND NORTH ROUTE - Leaving parking area and  proceed across Route 73 to North Street, continue East or  North on marked trails which are zoned agricultural.

(c) SOUTH ROUTE - Leaving parking area and proceed South via alley between Route 73 and First Street to second alley and proceed West across First Street to Summit Street, proceed South on Summit across Devore Street and South Street to BradMar Drive, proceed West to property owned by Jay Mitchell.

(d) Service area - The area adjacent to the D&R Hardware with the exception of Route 73 is designated as a service area for snowmobiles and operators should take the safest routes possible to and from this area.

Sec. 8-136 Violators

Violators of this chapter shall be prosecuted in accordance with the laws adopted by the Village of Pearl City.  Any violation of this chapter is considered a misdemeanor and shall be punished by a fine of not less than Fifty dollars ($50.00) and not more than Two Hundred dollars ($200.00) for each violation thereof.

 Sec 8-137  Parking Restrictions on Commercial Vehicles 4/4/2022

(A)   Prohibition

(1)   The parking of all vehicles with a state license plate with the designation of greater than “B” classification (or a foreign state equivalent) as defined in 625 ILCS 5/3-815 is prohibited from being parked on any public street of the city, located within a residentially zoned district_R-1 and R-2) as defined by in this code of ordinances.

(2)   Further, that heavy equipment, earth moving equipment, open or enclosed trailers used for noncommercial purposes with more than one axel are prohibited from being parked on any public street of the city within a residentially zoned district (R-1 and R-2) as defined by this code of ordinances.

(B)   Recreational Vehicles.  No person shall park or allow the parking of any recreational vehicle including, but not limited to, camping trucks or trailers, and motorhomes in any front yard as defined by this code of ordinances except upon a regularly constructed and utilized driveway.  Owners or users of recreational vehicles may park said recreational vehicles in the front yard of the premises occupied by them as residents for a period of not more than 24 hours for the purpose of unloading and loading said recreational vehicle.

(C)   Penalty.  Persons in violation of this section for more than 24 hours shall be fined the sum of $50.  Second or subsequent offenses by the same person shall be fined an additional $50 multiplied by the number of the offense.  Each violation shall be deemed a separate and distinct offense.

Article VII - Golf carts and UTV's

General rules and regulations

Policy Statement: This ordinance is adopted in the interest of public safety. Golf carts and UTV's are not designed or manufactured to be used on public streets and roads, and the Village of Pearl City in no way advocates or endorses their operation on streets or roadways. The Village, by regulating such operation, is merely addressing safety issues. This ordinance is not to be relied upon as a determination that operation on streets is safe or advisable even if done in accordance with this ordinance. All persons operating golf carts and UTV's must be observant of and attentive to the safety of themselves and others, including their passengers, other motorists, bicyclists, and other pedestrians. All persons who operate or ride golf carts and UTV's on streets inside the Village of Pearl City do so at their own risk and peril. The Village of Pearl City has no liability under any theory of liability, for permitting golf carts and UTV's to be operated on the streets of the Village.

Golf Carts and UTV's, may only be operated on streets within the Village of Pearl City in accordance with the following rules and regulations:

(A) Any person who operates a golf cart or UTV in the Village of Pearl City takes full responsibility for all liability associated with operating a golf cart or UTV.

(B) Any person who operates a golf cart or UTV must be at least eighteen (18) years of age and possess a valid driver's license to operate a motor vehicle issued by Illinois or any other state.

(C) No person shall operate, and no owner shall permit another person to operate a golf cart or UTV on a village street unless: (1) the golf cart or UTV is covered by a liability insurance policy as required by Section 7-601 of the Illinois Vehicle Code (625 ILCS 5/7-601); and (2) the operator of the golf cart or UTV carries with him proof of liability insurance as required by Section 7-602 of the Illinois Vehicle Code (625 ILCS 5/7-602).

(D) Golf carts or UTV's shall only be allowed to be operated on village streets between one-half hour before sunrise, and one-half hour after sunset, as established by the National Weather Service.

Golf carts may be operated at any time of day or night if equipped with a yellow flashing light visible for at least 100' from the rear of the vehicle.

(E) No person shall operate a golf cart or UTV on a village street in excess of the posted speed limits.

(F) Golf carts or UTV's may not be operated on State Highway 73 except to cross said highway at intersections, in a path 90 degrees or as direct as possible across said highway, to the nearest intersecting street.

(G) Golf carts and UTV's shall have their headlights and taillights lighted at all times when operated on village streets.

(H) Golf carts and UTV's may not be operated when visibility is impaired by weather, smoke, fog, or other conditions or at any time when there is insufficient light to clearly see persons and vehicles on the roadway at a distance of 500 feet.

(I) Golf carts and UTV's may not be operated on the sidewalk.

(J) Golf cart and UTV drivers must yield the right-of-way to overtaking vehicles at all times.

(K) Any person who operates a golf cart or UTV on the streets of the Village of Pearl City must adhere to all applicable state laws concerning the possession and use of alcoholic beverages and all illegal drugs, as well as all other state traffic laws.

(L) The maximum occupancy of golf carts and UTV's traveling on village streets shall be equal to the amount of safety belts or passenger restraints in the golf cart or UTV.

(M) Each driver and passenger of a golf cart or UTV shall wear a properly fastened and adjusted seat safety belt. Children must be secured in a child restraint system as required pursuant to the Child Passenger Protection Act (625 ILCS 25/1 et seq.).

(N) Golf carts and UTV's are only allowed to park in handicapped parking spaces if the driver or at least one passenger has a valid handicapped parking sticker.

(O) The operator of a golf cart or UTV shall obey all ordinances of the Village of Pearl City and all provisions of the Illinois Vehicle Code, as amended from time to time.

(P) The parents of any operator who is a minor, who violates the provisions of this ordinance, shall be subject to the penalties imposed by this ordinance.

Required Equipment:

A golf cart or UTV operated on a village street shall have the following equipment in good working condition at all times:

(a) Brakes
(b) Steering apparatus
(c) Tires
(d) Rearview mirror
(e) A slow moving emblem as required by 625 ILCS 5/12-709 attached to the rear
(f) Headlights that emit white light visible from at least 500 feet to the front
(g) Taillights that emit red light visible from at least 100 feet from the rear
(h) Brake lights on the rear
(i) Turn signals on the front and rear
(j) Seat belts for each passenger
(k) A yellow flashing light visible for at least 100 feet from the rear of the vehicle, if operated between one half hour after sunset and one half hour before sunrise.

Permits:

(A) No person shall operate a motorized golf cart or UTV without obtaining a permit from the Village of Pearl City Police Department as provided in this section.

(B) Permits shall be granted for a period of ownership of the vehicle by the person who received the permit and will remain valid for that vehicle only as long as it continues to meet all of the aforementioned requirements.

(C) The annual cost of a permit is $20.00 per golf cart or UTV, to cover the costs of implementing and maintaining this ordinance, and shall be paid to the Village of Pearl City by the applicant. Insurance coverage shall be verified as in effect by the Police Department when issuing or renewing a permit.

(D) After completion of the application and payment of the requisite fee, the applicant shall present the golf cart or UTV to the Chief of Police, or his designee, for an inspection to determine whether the golf cart or UTV may be operated on a village street. If the applicant and golf cart or UTV are qualified under the terms and conditions of this ordinance, a license shall be issued to the applicant which must be kept on the vehicle at all times. The Police Department shall issue a sticker as visible proof of compliance, which shall be valid for a period of the duration of the ownership of the vehicle by the person receiving the permit, and which must be displayed on the "slow moving" emblem located at the rear of the golf cart or UTV at all times.

(E) Golf cart or UTV owners must complete a permit application form, which may be obtained from the Village of Pearl City Police Department. The completed forms will be maintained by the Village of Pearl City Police Department.

Enforcement:

(A) The Village of Pearl City may prosecute violators for any act constituting a violation of this Ordinance. Any person who violates any provisions of this ordinance shall be guilty of a petty offense and shall be punished by a fine of not less that $50.00 and not more than $100.00, unless otherwise specified elsewhere in the Village Code, plus costs of prosecution.

(B) The license of an operator of a golf cart or UTV issued pursuant to this ordinance may be suspended by the Chief of Police, or his designee, if (1) there is any material misrepresentation made by the applicant on the application or (2) the required liability insurance is no longer in full force and effect or (3) there is evidence that the license holder can no longer safely operate the golf cart or UTV or (4) for any reason that he feels is appropriate to insure the safety and well-being of the citizens of the Village of Pearl City.

(C) The Chief of Police, or his designee, shall issue a notice of suspension of a license in writing and either hand deliver the notice to the license holder or send the notice by certified mail to the license holder at the address on the application. The suspension of a license shall be effective immediately after personal service, or on the third day after the post mark of the certified mail receipt.

(D) Upon investigation by the recommendation of the Village of Pearl City Police Department the Village Board may suspend or revoke a permit granted hereunder upon a finding that there is evidence that the Permitee cannot safety operate the golf cart or UTV on Village streets or for any reason that they feels is appropriate to insure the safety and well-being of the citizens of the Village of Pearl City.

(E) Repeat offenders may have the privileges granted by this Article revoked by the Village Board of Pearl City.

Application Forms may be obtained from the Village of Pearl City Police Department.

Sec. 9-1  Disorderly conduct.

A person commits disorderly conduct, which is a violation of this Code, when he knowingly:

(a)    Does any act in such unreasonable manner as to alarm or disturb another and to provoke a breach of the peace; or

(b)    With intent to annoy another, makes a telephone call, whether or not conversation thereby ensues; or

(c)    Transmits in any manner to the fire departments a false alarm of fire, knowing at the time of such transmission that there is no reasonable ground for believing that such fire exists; or

(d)    Transmits in any manner to another a false alarm to the effect that a bomb or other explosive of any nature is concealed in such place that it's explosion would endanger human life, knowing at the time of such transmission that there is no reasonable ground for believing that such bomb or explosive is concealed in such place; or

(e)    Transmits in any manner to any peace officer, public officer or public employee a report to the effect that an offense has been committed, knowing at the time of such transmission that there is no reasonable ground for believing that such an offense has been committed; or

(f)    Enters upon the property of another and for a lewd or unlawful purpose deliberately looks into a dwelling on the property through any window or other opening in it.

State law reference--Similar provisions, Ill. Rev. Stat., Chap. 38, Sec. 26-1.

Sec. 9-2  Assault.

A person commits an assault and is guilty of a violation of this Code, when, without lawful authority, her engages in conduct which places another in reasonable apprehension of receiving a battery.

State law reference--Similar provisions, Ill. Rev. Stat., Chap. 38, Sec. 12-1.

Sec. 9-3  Battery.

A person commits battery, which is a violation of this Code, if he intentionally or knowingly without legal justification and by any means:

(a)    Causes bodily harm to an individual; or

(b)    Makes physical contact of an insulting or provoking nature with an individual.

State law reference--Similar provisions, Ill. Rev. Stat., Chap. 38, Sec. 12-3.

Sec. 9-4  Criminal damage to property.

Whoever commits any of the following acts shall be guilty of a violation of this Code:

(a)    Knowingly damages any property of another without his consent; or

(b)    Recklessly by means of fire or explosive damages property of another; or

(c)    Knowingly starts a fire on the land of another without his consent; or

(d)    Knowingly injures a domestic animal of another without his consent; or

(e)    Knowingly deposits on the land or in the building of another, without his consent, any stink bomb or any offensive smelling compound and thereby intends to interfere with the use by another of the land or building; or

(f)    Damages any property with intent to defraud an insurer.

State law reference--Similar provisions, Ill. Rev. Stat., Chap. 38, Sec. 21-1.

Sec. 9-5  Public indecency.

(a)    Any person who performs any of the following acts in a public place commits a public indecency, which shall be a violation of the Code:

1. An act of sexual intercourse; or

2. An act of deviate sexual conduct; or

3. A lewd exposure of the body done with intent to arouse or to satisfy the sexual desire of the person; or

4. A lewd fondling or caress of the body of another person of either sex.

(b)    "Public place" for purposes of this section means any place where the conduct may reasonable be expected to be viewed by others.

State law reference--Similar provisions, Ill. Rev. Stat., Chap. 38, Sec. 11-9.

Sec. 9-6  Unlawful use of weapons.

(a)    A person commits the offense of unlawful use of weapons, which shall be a violation of the Code, when he knowingly:

1. Sells, manufactures, purchases, possesses or carries any bludgeon, black-jack, sling-shot, sand-club, sandbag, metal knuckles or any knife, commonly referred to as a switchblade knife, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife; or

2. Carries or possesses with intent to use the same unlawfully against another, a dagger, dirk, billy, dangerous knife, razor, stiletto, broken bottle or other piece of glass, or any other dangerous or deadly weapon or instrument of like character; or

3. Carries on or about his person or in any vehicle, a tear gas gun projector or bomb or any object containing noxious liquid gas or substance; or

4. Carries concealed in any vehicle or concealed on or about his person except when on his land or in his own abode or fixed place of business any pistol, revolver or other firearm; or

5. Sets a spring gun; or

6. Possesses any device or attachment of any kind designed, used or intended for use in silencing the report of an firearm; or

7. Sells manufactures, purchases, possesses or carries any weapon from which more than eight (8) shots or bullets may be discharged by a single function of the firing device, any shotgun with a barrel less than eighteen (18) inches in length, or any bomb, bombshell, grenade, bottle or other container containing an explosive substance, such as, but not limited to black powder bombs and Molotov cocktails; or

8. Carries or possesses any firearm or other deadly weapon in any place which is licensed to sell intoxicating beverages, or at any public gathering held pursuant to a license issued by any governmental body or any public gathering at which an admission is charged, excluding a place where a showing, demonstration or lecture involving the exhibition of unloaded firearms is conducted; or

9. Carries or possesses in a vehicle or on or about his person any pistol, revolver or firearm, when he is hooded, robed or masked in such a manner as to conceal his identity.

(b)    The presence in an automobile other than a public omnibus of any weapon, instrument or substance referred to in subsection (1) (7) is prima facie evidence that it is in the possession of, and is being carried by, all persons occupying such automobile at the time such weapon, instrument or substance is found, except under the following circumstances:

1. If such weapon, instrument or instrumentality is found upon the person of one of the occupants therein; or

2. If such weapon, instrument or substance is found in an automobile operated for hire by a duly licensed driver in the due, lawful and proper pursuit of his trade, then such presumption shall not apply to the driver.

State law reference--Similar provisions, Ill. Rev. Stat., Chap. 38, Sec. 24-1.

Sec. 9-7  Discharging firearms, fireworks.

It shall be unlawful to fire or discharge any firearm in the village, or to fire or discharge any fireworks other than at an approved public display in accordance with Illinois Revised Statutes, Chapter 127 ½, Sec. 128.

Sec. 9-8  Mob action.

Mob action, which shall be a violation of this Code, consists of any of the following:

(a)    The use of force or violence disturbing the public peace by two (2) or more persons acting together and without authority of law; or

(b)    The assembly of two (2) or more persons to do an unlawful act; or

(c)    The assembly of two (2) or more persons, without authority of law, for the purpose of doing violence to the person or property of any one supposed to have been guilty of a violation of the law, or for the purpose of exercising correctional powers or  regulative powers over any person by violence.

State law reference--Similar provisions, Ill. Rev. Stat., Chap. 38, Sec. 25-1.

Sec. 9-9  Barbed wire and electrically charged fences.

It shall be unlawful to maintain or construct any fence composed in whole or in part of barbed wire, or with any similar material designed to cause injury to persons, or any wire charged with electric current, anywhere within three (3) feet of any public place, street, sidewalk, alley, park or other public way.

Sec. 9-10  Smoke.

(a)    It shall be unlawful to cause or permit the emission of dense smoke from any fire, chimney, engine, oil burner or any other agency in the village so as to cause annoyance or discomfort to the residents thereof.

(b)    For the purpose of testing and grading the density of smoke, the Ringelmann Smoke Chart, a chart which is described in the U.S. Bureau of Mines Info Circular #6888 and in which are illustrated graduated shades of gray for use in estimating the light-obscuring capacity of smoke, shall be, and is hereby adopted as, a standard for such grading, and smoke shall be, and is hereby defined as and declared to be "dense" when it is of a degree of number three of the said chart, or greater, for more than six (6) minutes in any one (1) hour whether such period of time is consecutive or not.

Sec. 9-11  Use of sound amplifiers.

It shall be unlawful to cause or permit to be operated any sound amplifier or radio so as to cause unnecessary sound audible on any street or other public place.

Sec. 9-12  Curfew.

(a)    No person less than 17 years of age shall be present at, or upon, any public assembly, building, place, street or highway at the following times unless accompanied and supervised by a parent, legal guardian or other responsible companion of at least 21 years of age or unless engaged in a business or occupation which the laws of Illinois authorize a person less than 18 years of age to perform:

1. Between 12:01 a.m. and 6:00 p.m. Saturday;

2. Between 12:01 am. and 6:00 am. Sunday; and

3. Between 11:00 p.m. on Sunday and Thursday, inclusive, and 6:00 a.m. on the following day.

(b)    No parent, legal guardian or other persons shall knowingly permit a person in his custody or control to violate this ordinance.

Sec. 9-13  Public drinking and intoxication.

No person shall in the village drink any beverage in any street or alley, or in any publicly owned space, or in any or upon any vehicle commonly used for the transportation of passengers, or in or upon any depot, platform or waiting room of any public carrier, and no person shall be drunk or intoxicated in any street, alley or public or private road or in any passenger coach or any public place or building or at any public gathering.

Sec. 9-14  Violations.

Each violation of the terms of this ordinance shall be punishable by a fine of not less than Fifty dollars ($50.00) nor more than Two Hundred dollars ($200.00) for each offense and each day that a violation continues to be deemed a separate offense.

Sec. 10-1 Village Board

The Village Board members and the Village President shall be conservators of the peace with full power and authority to enforce all of the ordinances of the Village and all Statutes effective in the Village, and to preserve order and prevent infractions of the law and arrest violator thereof.

Sec. 10-2 Special Police

The Village Board may, from time to time, as it deems necessary employ special policemen to patrol the Village and perform other duties as appropriate.

Sec. 10-3 Special Police Training

The Village Board may, from time to time, as it deems necessary, employ special policemen to patrol the Village and perform other duties as appropriate.  Special policemen, prior to entering upon any of their duties, shall have completed a course of training in the use of weapons and other police procedures and shall meet minimum standards of certification under the Police Training Act.

Article I.  Streets and Sidewalks.

Sec. 11-1  Construction.

No person, firm or corporation, in the Village of Pearl City, Illinois, shall construct new concrete sidewalks along the streets of said Village for public purposes nor make substantial repairs on the same, except by first obtaining a permit for such purpose from the Village Clerk of said Village.  Application shall be made for such purpose to the Village Clerk, and such application shall then be referred to the Street and Alley Committee, who, upon investigation the same, shall recommend the approval or rejection of the same by the Village Clerk, and in the event the same is approved, such Committee shall provide and furnish specifications for such improvement.

Sec. 11-2  Specifications.

All street and sidewalk pavements shall be made in conformity with the specifications laid down or approved from tine to time by the President and Board of Trustees.

a)    Sidewalks must maintain a depth of no less than four-inches and a four-foot width consisting of a compacted sub-soil or gravel material.
b)    Concrete for the base of the sidewalk shall be a "5" bag or stronger mix or, if mixed by hand, shall be in the proportion of one part cement to two and one halfs parts sand to five parts gravel, each being measured seperately,  deposited on a level water-tight platform and thoroughly mixed dry to uniform color.  Water shall be added and the mass turned until thoroughly mixed.  When a mechanical mixer is used, concrete equivalent in quality to that specified shall be use.
c)    A glazed of slippery surface is prohibited.  On grades exceeding five percent, the surface shall be slightly roughened by means of a grooving tool, toothed roller or suitable tool.
d)    All tree roots likely to cause heaving or spreading of the walk shall be removed.
e)    No person shall erect or maintain any downspout or pipe from the eaves or roof of any building, constructed in such a manner as to discharge rain water or surface water upon any sidewalk.

Sec. 11-3  Village Contribution

The Village, by reason of the public benefit received in the making of such improvement, shall pay for the concrete as part of the cost thereof.  The homeowner will be responsible for the labor costs.  Reimbursement cost require an inspection of the work performed and a receipt of materials (concrete) used.

Sec. 11-4  Planting Trees.

It shall be unlawful for any person to plant any tree or shrub in any public street, parkway, space between the sidewalk and street, or other public places, without first having secured a permit therefor.  Application for such permit shall be made to the Village Clerk, and shall be referred by him to the Board of Trustees for action.  All trees and shrubs so planted shall be placed subject to the directions of the Board of Trustees.

Sec. 11-5  Responsibilities; liabilities

a)    The owner and occupant of land abutting the street dedication or right of way upon which a sidewalk exists shall keep and maintain such sidewalk free and clear of ice and snow.  Such persons shall remove snow from such sidewalk within twelve hours after the cessation of any snowfall.
b)    No person shall exhibit, stand or store any merchandise, machinery, junk, or other materials on the parkway section, between the curb line and the property line of any street.
c)    No person shall paint, print, or right on any sidewalk without the permission of the Council.
d)    No person shall at any time whatsoever, deposit, place, shovel, dump, or throw any snow or ice upon any street, alley, or public way.
e)    No person shall sweep, deposit, thow, place, discharge, or allow to flow, in any gutter, street, sidewalk, or other public place any solid waste, stable matter or hazardous waste from any building, lot, sidewalk, or driveway.
f)    No section of this chapter shall be construed to apply fallen leaves.  It is permissible to deposit leaves, during the prescribed period of leaf removal determined by the streets committee, on streets, adjacent to the curb line, for rmoval by the Division of Streets.

Article II.  Snow Removal.

Sec. 11-6  Parking after Snowfall - Business District.

No person shall park a motor vehicle on any street in the central business district of the Village of Pearl City during the period of midnight following the cessation of any snowfall and continuing until the hour of 6:00 a.m., nor during the corresponding periods on succeeding mornings, until the snow on the particular roadway has been plowed or removed.  The central business district of the Village of Pearl City is defined as Main Street between South Street and North Street and Devore Street between East Street and Main Street.

Sec. 11-7  Parking after Snowfall - Other Areas.

On all other streets in the village, outside of the central business district, parking of motor vehicles after the cessation of a snowfall until the snow on a particular roadway has been plowed or removed, shall be restricted and prohibited as follows:

(a)    Upon the accumulation of any snow cover, all vehicles on odd days of the month shall park on the side of such street where the addresses have odd numbers until such time as the snow cover is removed, either by plowing or by melting.  Parking on the even side of the street on such odd days of the month after a snow cover and before removal of the snow by plowing or melting shall be prohibited until such removal of snow from the parking lanes.

(b)    Upon the accumulation of any snow cover, all vehicles on the even days of the month shall park on the side of the street having even numbered addresses until such snow cover has been removed by melting or plowing.  Parking on the odd side of the street on such even days of the month after a snow cover and before removal of the snow by plowing or melting, shall be prohibited until such removal of snow from the parking lanes.

(c)    During the period when the parking is prohibited by this ordinance on a particular side of a particular street, motor vehicles may be parked on the opposite side of such street regardless of other ordinances of the village or posted signs prohibiting parking generally on such opposite side.

(d)    The provisions of this ordinance do not apply on summit Street between Sheridan Street and North Street or on North Street between Summit Street and First Street during school hours or school activities.

Sec. 11-8  Towing Away.

Any violation of the parking of this ordinance is declared to create emergency situations and vehicles parking in violation of this ordinance may be immediately towed away by the village.

Sec. 11-9  Storage; Notification.

In all cases where the vehicle has been towed away under this ordinance, the vehicles may be stored on city property or on commercial parking lots.  After towing away, every effort will be made to notify the owner of lawful possessor of the illegally parked vehicle, of the location of the vehicle, and of the right of the owner of the lawful possessor to recover possession of the vehicle.

Sec. 11-10  Disposal.

In the event the owner or the lawful possessor of a towed away vehicle does not reclaim the same within six months of the date it was towed away, the Village of Pearl City may sell the same at auction or destroy it.  Before doing so, the city will obtain a court order permitting such disposition.

Sec. 11-11  Penalties.

Any person, firm, co-partnership, association or corporation found guilty of violating any provisions of this ordinance, shall be fined not less than $10.00 nor more than $200.00 for each offense.

Artcile I - Short Title

Sec. 12-1 Title

This Ordinance shall be known, referred to, and recited as the Zoning Ordinance of the Village of Pearl City.

Article II - Definitions

Sec. 12-3  Definitions.

      1.    Accessory buildings:  a subordinate building or a portion of the main building, the use of which is incidental to that of the main building or to the main use of the premises.  An accessory use is incidental to the main use of the premises.

      2.    Basement:  a story having part but not more than one half (½) its height below grade.  A basement is counted as a story for the purpose of height regulations if subdivided and used for dwelling purposes other than by a janitor employed in the premises.

      3.    Building:  a structure having a roof, supported by columns or walls for the shelter, support or enclosure of persons, animals or chattels.

      4.    Building area:  the maximum horizontal projected area of a building and its accessory buildings, excluding cornices projecting not more than thirty inches, open steps and unroofed terraces.

      5.    Building line:  for the purposes of this ordinance such is a line between which any street or right-of-way line of a district, lot, tract or parcel of land, no buildings or parts of buildings may be erected, altered or maintained.

      6.    Building setback line:  the minimum horizontal distance between the building line and the street or right-of-way line of a district, lot, tract or parcel of land, in which no building or pars of buildings may be erected, altered, or maintained.

      7.    District:  a section of the Village of Pearl City in all parts of which the regulations of this ordinance governing the height, area and use of buildings and premises are the same.

      8.    Dwelling:  a residential building designed and used for human habitation only, not including the use of building or premises for the conduct of any business, commercial or manufacturing purposes except as hereinafter provided.

      9.    Front lot line:  the boundary of a lot along a street or right-of-way and for corner lot of the front lot line shall be the shorter lot boundary along a street or right-of way.

    10.    Home occupation:  any occupation or activity carried on by a member of the immediate family, residing on the premises, in connection with which there is used no sign other than a name plate nor more than one square foot in area, or no display that will indicate from the exterior that the buildings is being utilized in part or for any purpose other than that of a dwelling, and in which there is no commodity sold upon the premises, no person being employed thereon other than an immediate member of the family residing on the premises, and whereon no mechanical equipment is used except that of a type that is similar in character to that normally used for purely domestic or household purposes.

Home occupation shall include the use of premises by a physician, surgeon, dentist, lawyer or other professional, clergyman, person for consultation or emergency treatment, but not for general practice of his profession.
 
    11.    Junk yard:  an open area where waste, scrap metal, paper, rags, or similar material are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including auto and building wrecking yards, but excluding similar uses taking place entirely within a completely enclosed building.

   12.    Kennel:  any occupation or activity, other tan a pound or animal shelter as defined by Ill. Rev. Stat., Chap. 8, Sec. 302, where more than five dogs, cats or fur-bearing animals are maintained for breeding, boarding, training or similar purposes, for a fee or compensation; or where the operation or owner sells, offers to sell, exchange or offers for adoption with or without charge, any of the above mentioned animals which he has produced or raised.

   13.    Lot:  a parcel of land occupied or intended for occupancy by a use permitted in this ordinance, including one main building together with it's accessory building, the open spaces and parking spaces required by this ordinance and having it's principal frontage upon a street upon an officially approved place.     

   14.    Lot of record:  a lot which is a part of a subdivision, the map or plat of which has bee recorded in the office of the Recorder of Deeds of Stephenson County, Illinois; or, a parcel of land, the deed to which was recorded in the office of the Recorder of Deeds prior to the adoption of this ordinance.

   15.    Non-conforming use:  any building or land lawfully occupied by a use at the time of passage of this ordinance or amendments thereto, which does not conform after the passage of this ordinance or amendment thereto with the used regulations of the district in which it is situated.

   16.    Parking space:  an area surfaced with concrete, bituminous or similar materials, enclosed in the main building, in an accessory building, or unenclosed sufficient in size to store one standard automobile, and if the space is unenclosed comprising an area of not less than one hundred and forty square feet, exclusive of a durable surfaced driveway connecting the parking space with a street or alley and permitting satisfactory ingress and egress of an automobile.

   17.    Story:  that portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between the floor and the ceiling next above it.

   18.    Structural alterations:  any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior wall excepting such alterations as may be required for the safety of the building.

    19.    Trailer:  any structure used for living, sleeping, business or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses or skirting and which is, has been, or reasonable my be, equipped with wheels or other devices for transporting the structure from place to place, whether by motive power or other means.  This provision shall not apply to camping or recreational vehicles used solely for recreational purposes.

   20.    Yard:  an open space on the same lot with a building occupied and unobstructed by any portion of a structure form the ground upward, except as otherwise provided herein.  In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the main horizontal distance between the lot lines and the main building shall be used.

   22.    Yard, rear:  a yard extending across the rear of a lot, measured between the side lot lines, and being the minimum horizontal distance between the rear lot lines, and the rear of the main building, or any projections other than steps, unenclosed balconies or unenclosed porches.  On corner lots the rear yard hall be considered as parallel to the street upon which the lot has its least dimensions.  On both corner lots and interior lots the rear yard shall in all cases be at the opposite end of the lot from the front yard.

12-4 to 12-25 Reserved

Article III - Districts and Boundaries thereof

Sec. 12-26  Classification by District.

In order to classify, regulate and restrict the location of trades, industries and the locations of trades, industries and the locations of buildings designed for specific uses, to regulate and limit the height and bulk of buildings hereafter erected or structurally altered, to regulate and limit the intensity of the use of the lot areas, and to regulate and determine the areas of yards, courts, and other open space within and surrounding such buildings the Village of Pearl City, Illinois, and all contiguous territory not more than one and one half miles beyond the corporate limits and not included in other municipalities; is hereby divided into districts, of which there shall be the following, known as:

1.    "R" Residences
2.    "B" Business
3.    "I" Industrial
4.    Trailer Park.

Sec. 12-27  District Map.

The boundaries of the district are shown upon the Zoning Map of the Village of Pearl City, Illinois, which is made a part of this ordinance and which is also designated as the District Map. Said map and all the notations, reference and other information shown thereon are a part of this ordinance and have the same force and effect as if said map and all the notations, reference and other information shown thereon were fully set forth or described herein, the original of said map being properly attested, and filed with the Clerk of the Village of Pearl City, Illinois.

Sec. 12-28  Vacating Streets & Alleys.

Whenever any street, alley, or other public way is vacated by official action of the Board of Trustees, of the Village of Pearl City, Illinois, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation, and all area included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended districts.

Sec. 12-29  Use Regulations in General.

(a)    Except as hereinafter provided, no building in said districts shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used except for a purpose permitted in the district in which the building or land is located.

(b)    No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which the building is located.

(c)    No building shall be erected, converted, enlarged or reconstructed except in conformity with the area regulations of the district in which the building is located.

(d)    The minimum yard and other open spaces, including lot area per family, required by this ordinance for each building existing at the time of passage of this ordinance or for any building hereafter erected shall not be encroached upon or considered as yard or open space requirement for any other building, nor shall any lot area be reduced beyond the district requirement in this ordinance.

(e)    Every building hereafter erected or structurally altered shall be located on a lot as herein defined and in no case shall there be more than one main building on one lot unless otherwise provided in this ordinance.

(f)    When a use is not specifically listed in the sections devoted to Permitted Uses, it shall be assumed that such uses are hereby expressly prohibited unless by a written decision of the Zoning Board of Appeals it is determined that said use is similar to and not more objectionable than uses listed.  Such uses may then be permitted.

Article III - "R" Residence Districts

Sec. 12-33  In General.

The regulations set forth in this Article, or set forth elsewhere is this ordinance when referred to in this Article, are the district regulations in the "R" Residence Districts.

Sec. 12-34  Use Regulations.

A building or premises shall be used only for the following purposes:

1.    Single family dwelling.
2.    Parks, playgrounds, community building owned and operated by the Village of Pearl City.
3.    Apartment houses and multiple dwellings.
4.    Churches and temples.
5.    Clubs not conducted as a business nor for profit.
6.    Convalescent homes.
7.    farming, truck gardening and nurseries and commercial greenhouses.
8.    Hospitals and Clinics but not Animal Hospitals, Animal Clinics or Mental Hospitals.
9.    Institutions of an educational, philanthropic or eleemosynary nature.
10.    Lodges and Boarding Houses.
11.    Public service substations.
12.    Schools.
13.    Public parking lots adjacent or adjoining to the premises and incidental to the above uses.
14.    Undertaking establishments.
15.    Accessory building, including a private garage and accessory uses, customarily incidental to the above uses (not involving the conduct of a business) including home occupations and the use of a lot or portion hereof for a formal vegetable or flower garden.  Any accessory    building that is not a part of the main structure shall be located not less than sixty feet from the front lot line or equal to the existing building line.  Accessory buildings shall also include public building bulletin boards and temporary signs appertaining to the lease, hire or sale of a building or premises, not exceeding ten square feet in area.
16.    Agriculture, in "R" Districts not within the territorial boundaries of the Village of Pearl City.

a.)  All uses commonly classed as agriculture, horticulture or forestry, including crop and tree farming, truck farming, gardening, nursery operation, dairy farming stock raising, domestic animals and poultry breeding and raising (excluding     the raising of fur-bearing animals or animal hospitals or kennels) and forestry operations together with the operations of any machinery or vehicles incidental to the above uses.

b.)  Temporary roadside stands for the display, sale, or offering for sale of agricultural products grown or produced on the property, provided that no structure is located less than ten (10) feet from the highway right-of-way.

17.    Home occupations.

18.    Beauty shops and barber shops.

Sec. 12-35  Height regulations.

No building shall exceed two and one half stories nor shall it exceed thirty-five feet in height.

Sec. 12-36  Area regulations.

1. Front yard:

a.) There shall be a front yard having a depth of not less than twenty feet unless forty percent or more of the frontage on the same side of the street between two intersecting streets improved with buildings have observed a front yard line with a greater or less depth and the front yards of such buildings have a variation of depth of not more than ten feet, in which case no building shall project beyond the average front yard so established, but this regulation shall not be interpreted to require a front yard of more than sixty feet.

b.) Where lots have a double frontage, the required front yard shall be provided on both streets.

c.)   Where a lot is located at the intersection of two or more streets there shall be a front yard on each street side of a corner lot, provided, however, that the build-able width of such lot need not be reduced to less than thirty-five feet, except where necessary to provide a yard along the side street with a depth of not less than five feet.  No accessory building shall project beyond the front yard line on either street.

2. Side yard:

a.) Except as hereinafter provided in the Article dealing with Exceptions and Variations, there shall be a side yard on each side of a building, having a width of not less than seven feet.

b.) Whenever a lot of record existing at the time of the passage of this ordinance has a width of fifty feet or less, the side yard on each side of a building may be reduced to a width of not less than ten percent of the width of the lot but in no instance shall it be less than three feet.

3. Rear yard:  Except as hereinafter provided in the Article dealing with Exceptions and Variations, there shall be rear yard having a depth of not less than thirty-five feet or twenty percent of the depth of the lot, whichever amount is smaller.

4. Intensity of Use:

a.) A lot on which there is erected a single family dwelling shall contain an area of not less than 6,500 square feet per family.

b.) A lot on which there is erected a dwelling for the  housing of two or more families shall contain an area of not less tan 2,500 square feet per family unit.

c.) Where a lot has less area than herein required, and was of record at the time of passage of this ordinance, that lot may be used only for single family dwelling purposes or for any of the non-dwelling purposes permitted in this Article.

Sec. 12-37  Parking regulations.

Whenever a structure is erected, converted or structurally altered for more than two family dwelling, one parking space shall be provided on the lot for each dwelling unit in the structure.

Article V - "B" Business Districts

Sec. 12-40  In General.

The regulations set forth in this Article, or set forth elsewhere in this Ordinance when referred to in this Article are the district regulations in the "B" Business Districts.

Sec. 12-41  Use Regulations.

A building or premises shall be used only for the following purposes:

 1. Any use permitted in the "R" Residence Districts.

 2. Amusement places.

 3. Auction rooms.

 4. Bakeries.

 5. Banks.

 6. Barber shops.

 7. Battery-service stations.

 8. Beauty shops.

 9. Billboard and signs.

10. Clubs of which the chief activity is a service customarily carried on as a business.

11. Dairies.

12. Dance halls.

13. Dyeing and cleaning works.

14. Electric repair shops.

15. Gasoline and oil stations.

16. Hotels.

17. Laundries.

18. Lodge halls.

19. Messenger and telegraph service stations and telephone exchanges.

20. Millinery shops.

21. Monument engraving.

22. Motels.

23. Offices.

24. Painting and decorating shops.

25. Parking lots and used car lots - commercial.

26. Photographic studios.

27. Plumbing shops.

28. Post offices.

29. Printing shops.

30. Public garages.

31. Recreation buildings and structures.

32. Restaurants.

33. Roofing and plastering shops.

34. Sales or show rooms.

35. Storage warehouse.

36. Stores and shops for the conduct of a retail business.

37. Shoe repairing shops.

38. Studios.

39. Tailor shops.

40. Taverns.

41. Theaters except open air theaters.

42. Tinsmithing shops.

43. Tire repairing shops.

44. Upholstering shops.

45. Furnace, heating and sheet metal shops or stores.

46. Service garages.

47. Public parking lots adjacent or adjoining to the premises and incidental to the above uses.

Sec. 12-42  Height regulations.

There shall be no regulations governing the height of buildings in "B" Business Districts.

Sec. 12-43  Intensity of Use Regulations.

There shall be no regulations governing the intensity of the use of lots or set-back regulations in the "B" Business Districts except when used for residence purposes and in that event the intensity of the use in such is the same as in a Residence District.

Article VI - "I" Industrial Districts

Sec. 12-46  In General.

The regulations set forth in this Article, or set forth elsewhere in this ordinance when referred to in this Article are the district regulations in the "I" Industrial Districts.

Sec. 12-47  Use regulations.

A building or premises shall be used only for the following purposes:

 1. Coal, coke, gasoline, lumber, oil, wood or building materials storage yard.

 2. Carting, express, hauling or storage yard, for goods or materials in transit.

 3. Contractors' plant or storage yard, for materials and equipment.

 4. Electrical central station power plant.

 5. Glass and automobile radiator and conditioning shops.

 6. Manufacture of concrete products.

 7. Planing mill or saw mill.

 8. Railroad yards or round houses and railroad passenger stations.

 9. Stone yards or monument works.

10. Trucking terminals.

11. Welding shops.

12. Any manufacture or treatment as are carried on within entirely enclosed buildings and which creates no objectionable noise, odor, smoke, fumes, vapor, dust, gas, or vibrations.

13. Petroleum or storage.

14. Poultry slaughtering and dressing for wholesale purposes.

15. Sewage disposal plant.

16. Junk yard.

17. Public parking lots adjacent or adjoining to the premises and incidental to the above uses.

18. Kennel.

Sec. 12-48  Height regulations.

There shall be no regulations governing the height of buildings in the "I" Industrial Districts.

Sec. 12-49  Intensity of Use Regulations.

There shall be no regulations governing the intensity of the use of lots or set-back regulations in the "I" Industrial Districts.

Article VII - Trailer Park Districts

Sec. 12-51  In General.

Trailers as defined in this ordinance can only be situated in a Trailer Park District.

The only uses permitted in the Trailer Park Districts are Trailer Parks defined as follows:  A trailer park is any site, lot, field, tract or parcel of land on which trailers are used and occupied by people as living quarters instead of regular houses.

Article VIII - Non-Conforming Use Regulations

Sec. 12-54  Use of Land.

A lawful use of land existing at the time of the adoption of this ordinance may be continued although such use does not conform to the provisions hereof but if such use is discontinued for a period of 180 days any future use of said premises shall conform to the regulations of the District in which it is located.

Sec. 12-55  Use of Building.

The lawful use of a building existing at the time of the adoption of this ordinance may be continued, subject to the other regulations of this or any other ordinance of the Village of Pearl City.  A non-conforming use of a building shall not be extended in any manner of form.  If no structural changes or alterations are made, a non-conforming use of a building may be changed to another non-conforming use of the same or more restricted classification.  The foregoing provisions shall also apply to non-conforming uses in Districts hereafter changed.  When a non-conforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use.

Sec. 12-56  Use of Building---Discontinuance.

Whenever a non-conforming use of a building is discontinued for a period of 180 days, its use shall thereafter conform to the regulations of the District in which it is located.

Sec. 12-57  Alterations.

No building, the use of which does not conform to the provisions of this ordinance, shall be enlarged, extended reconstructed or structurally altered except when required by law or ordinance unless such use is changed to a use permitted in the District in which such building or premises is located.

Sec. 12-58  Damaged Buildings.

No building which has been damaged by fire, explosion, Act of God, or the public enemy to the extent of sixty percent of its full assessed value as shown on the then current records of the County Assessor shall be restored except in conformity with the provisions of this ordinance.

Sec. 12-59  Ordinary Repairs.

So long as a building or structure is used, or is eligible for use, in a non-conforming manner, only ordinary repairs and maintenance, including removing and replacing outer wall surfaces and replacement of roof covering, shall be permitted.  In no case shall such repairs include structural alteration or other work which will extend appreciably the non-conforming use.

Article IX - Exceptions and Variations

Sec. 12-61  In General.

The district regulations hereinafter set forth in this Article qualify, or supplement as the case may be, the district regulations appearing elsewhere in this ordinance.

1. Public, semi-public or public service buildings, hospitals, institutions or schools, when permitted in the district, may be erected to a height not exceeding sixty feet and churches and temples may be erected to a height not exceeding seventy-five feet if the building is set back from each yard line at least one foot for each two feet of additional building height above the height limit otherwise provided in the district in which the building is located.

2. Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers and spires, church steeples, radio towers, or necessary mechanical appurtenances may be erected to a height in accordance  with existing or hereafter adopted ordinances of the Village of Pearl City.

3. Accessory buildings may be built in a required rear yard  but such accessory buildings shall not be nearer any side yard line than is permitted by the building code or within four feet of any alley, nor shall any such accessory building occupy more than forty percent of the required rear yard or exceed twenty feet in height.

4. Whenever a lot abuts upon an alley, one-half of the width of the alley may be considered as a portion of the required rear yard.

5. No accessory building shall be construed upon a lot until the construction of the main building has been actually commenced and no accessory building shall be used for dwelling purposes other than by domestic servants employed entirely on the premises.

6. Fences conforming to the requirements of the Building code may be erected on the lot or along the boundaries of a lot.

7. Open or lattice-enclosed fire escapes, fireproof outside stairways, and balconies open upon fire towers, and the ordinary projections of chimneys and flues into the rear yard may be permitted for a distance of not more than three and one-half feet and where the same are so placed as not to obstruct light and ventilation.

8. An open unenclosed porch or paved terrace may project into a front yard for a distance not exceeding ten feet, but this shall not be interpreted to include or permit fixed canopies.

9. For the purpose of side yard regulations, a two family dwelling or a multiple dwelling shall be considered as one building occupying one lot.

10. Temporary buildings that are used in conjunction with construction work only may be permitted in any district during the period that the building is being constructed, but such temporary building shall be removed upon completion of the construction work.

11. No lot of record in any dwelling district and which contains a frontage of fifty feet or more and not lot hereafter made of record in a dwelling district shall be so reduced or subdivided that the frontage at the building line is less than fifty feet in width.

12. More than one main building may be located upon a lot or tract but only when such buildings conform to all open space requirements around the lot for the district in which the lot or tract is located.

13. No side yards are required where dwelling units are erected above commercial and industrial structures. However, when courts are provided they shall have a minimum width of six feet and not less than two and one-half inches wide for each foot of length of such court.

14. Every part of a required yard or court shall be open from the lowest point to the sky, unobstructed, except for accessory buildings in a rear yard, and except for the ordinary projections of sills, belt courses, cornices, and ornamental features projecting not to exceed four inches.

15. The President and Board of Trustees of the Village of Pearl City, Illinois, may authorize such variations of, and exceptions to, the strict and literal application of the terms, regulations and requirements of this zoning ordinance as are in harmony with its general purpose and intent, as in the following instances:

a.) Where the district boundary line divides a lot in single ownership.

b.) Where, by reason of any exceptional situation, surroundings, or condition of a specific property, or by reason of exceptional narrowness, shallowness or shape of a specific property, or by reason of exceptional topographical conditions, the strict application of any height, a real or other provisions of this ordinance would result in peculiar and exceptional practical difficulties or particular hardship.

c.) Where the street layout actually varies from the layout shown on the district map.

d.) Where the conditions upon which the requested variation is based would not be applicable generally to other properties within the same zoning classification.

e.) Where the alleged difficulty or hardship has not been created by any person presently having an interest in the property.

Article X - Special Permits

Sec. 12-65  In General.
 
The President and Board of Trustees of the Village of Pearl City, Illinois, may issue special permits for certain uses, activities and construction pursuant to the following guidelines for any district and for the extension, continuance and enlargement of a non-conforming use and for the alteration, enlargement, modification or reconstruction of a building or structure for a non-conforming use.

1.    Purpose.  The development and execution of a zoning ordinance is based upon the division of the Village into districts within which districts the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform.  It is recognized, however, that there are uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location.  Such uses fall into two categories:

a)    Uses publicly operated or traditionally affected with a public interest;

b)    Uses entirely private in character but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.

2.    Conditions and Guarantees.  Prior to the granting of any special use variation, the Zoning Board of Appeals of the Village of Pearl City, Illinois, may recommend and the President and Board of Trustees of the Village of Pearl City, Illinois, shall stipulate, such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use variation as deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified herein.  In all cases in which special variations are granted, the President and the Board of Trustees of the Village of Pearl City, Illinois, shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being, and will be, complied with.

3.    Effect of Denial of a Use Variation.  No application for special use variation which has been denied wholly or in part by the President and Board of Trustees shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of new evidence or proof of changed conditions found to be valid by the Zoning Board of Appeals of the Village and the President and Board of Trustees of the Village of Pearl City, Illinois.

Article XI - Board of Appeals

Sec. 12-71  Creation and Membership.
 
A Board of Appeals is hereby authorized to be established consistent with the terms and provisions hereinafter set forth.  The word "Board", when used in this Article shall mean the Zoning Board of Appeals of the Village of Pearl City, Illinois.  The Board shall consist of seven members, who shall be appointed by the President of the Village of Pearl City, Illinois, by and with the consent of the Board of Trustees of that Village.

Members of the Zoning Board of Appeals shall serve respectively for the following terms, or, until their respective successors are appointed and have qualified for office:  One member for one year; one member for two years; one member for three years; one member for four years; one member for five years; one member for six years; and one member for seven years, each for those members following the first seven members appointed.  One of the members of said Board shall be designated by the President of the Village of Pearl City, with the consent of the Board of Trustees of the Village of Pearl City, as Chairman of the Zoning Board of Appeals until the appointment of a successor Chairman.  Such Chairman or, in his absence, the Acting Chairman is hereby empowered to administer oaths, and to compel the attendance of witnesses at hearings conducted by the Zoning Board of Appeals.

The President of the Village of Pearl City shall have the power to remove any member of said Board for cause, but only after a public hearing.  Vacancies upon said Board shall be filled for the unexpired term of the member whose place has become vacant, in the manner herein provided for the appointment of such member.

Sec. 12-72  Meetings.

All meetings of the Board of Appeals shall be held at the call of the Chairman and at such times as the Board may determine.  All hearings conducted by the Board shall be open to the public.  The Board shall keep minutes of the proceedings, showing the vote of each member upon each question, or, if absent, or failing to vote, the minutes shall so indicate.  The Board shall also select from its membership a Secretary, whose duty it shall be to make reports of the records of all proceedings of said Board, and who shall keep a full, detailed record on file in the office of the Board, of all its proceedings.

Every rule or regulation, every amendment or repeal thereof and every order, requirement, decision and determination of the Board shall be filed immediately in the office of the Board, and shall become part of the public records of the Village of Pearl City, Illinois.

The Board is hereby empowered to, and shall adopt a plain, concise statement of its rules of procedures for the purpose of uniformity in the conduct of its business.  However, such rules shall not  be in conflict with the terms of the Statutes of Illinois.

Sec. 12-73  Appeals.

An appeal may be taken to the Board of Appeals by any person, firm, or corporation, or by any officer, department, board or bureau affected by a decision of any person who shall have been appointed as Building Inspector or Enforcement Officer for the Village of Pearl City, Illinois.  Such appeal shall be taken within such time as shall be prescribed by the Zoning Board of Appeals by general rule, by filing with such Inspector, or Enforcement Officer, and with the Board of Appeals, a notice of appeal, wherein there shall be specified the grounds upon which the appeal is taken.  the Building Inspector, or Enforcement Officer shall forthwith transmit to the Board all of the papers making up the record upon which the action appealed from was taken.

An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Building Inspector, or Enforcement Officer certified in writing to the Board of Appeals after the notice of appeal has been filed with him that by reason of the facts stated in the certificate a stay, would, in his opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Board of Appeals, or by a court of record on proper application, after notice to the Building Inspector, or Enforcement Officer, and upon good cause shown.

The Board shall select a reasonable time and place of the hearing of the appeal, and shall give due notice thereof, in writing, to the parties interested, and shall render a decision on the appeal without unreasonable delay.  Any person may appear and testify at the hearing, either in person or by his duly authorized agent or attorney.

At the time of filing the notice of appeal, there shall be paid a fee of $5.00 to the Secretary of the Board of Appeals, which fee the Secretary shall forthwith pay over to the Village Clerk to the credit of the general revenue of the Village of Pearl City.  No proceedings shall be commenced upon an appeal by the Board unless and until such fee has been so paid to the Secretary thereof.

Sec. 12-74  Petitions.

Petitions for any change, amendment, exceptions or variations of this ordinance shall be filed with the Clerk of the Village of Pearl City and shall be brought to the attention of the Board of Trustees of the Village of Pearl City at the next regular meeting following receipt of the petition.  All such petitions shall be immediately referred to the Zoning Board of Appeals, without hearing or discussion before the Board of Trustees of the Village of Pearl City, Illinois.

Upon receipt form the Clerk of the Village of Pearl City of any such petition, the Secretary of the Board of Appeals, shall cause notice of hearing on the petition to be posted in three prominent places within the Village, which such notice shall specify the time and place of hearing with a statement of the change, exception or variation proposed, and which notice shall call for such hearing not less than fifteen nor more than thirty days after its publication.

All hearings on such petitions shall be conducted in accordance with the general rules of the Zoning Board or Appeals.  Any hearing may be adjourned to a specified date, time and place by order of the Board of Appeals for the purpose of securing attendance of witnesses, or for the convenience of either of the Board, or any party whose interest may be affected by the decision of the Board.

Sec. 12-75  Jurisdiction.

The Board of Appeals shall have the following powers and it shall be it's duty:

1.    To hear and decide appeals where it is alleged that there is an error of law in any order, requirement, decision or determination made by the Building Inspector or Enforcement Officer in the enforcement of this ordinance, and to hear and decide all petitions for changes or variations of zoning.

2.    In hearing and deciding appeals, or petitions, the Board shall have the power to:

a.)    Permit the extension of a district where the boundary line of a district divides a lot or tract held in a single ownership at the time of the passage of this ordinance.

b.)    Interpret the provisions of this ordinance in such     a way as to carry out the intent and purpose of the plan, as it is shown upon the map fixing the boundaries of the several districts, accompanying and made a part of this ordinance, where the street layout actually on the ground varies from the street layout as shown on the map.

c.)    Permit the erection and use of a building or the use of premises for public utility purposes.

d.)    Permit the reconstruction of a non-conforming building which has been damaged by explosion, fire, Act of God, or the public enemy, to the extent of more than sixty percent of its assessed value, where the Board finds some compelling necessity requiring a continuance of the non-conforming use, and where the primary purpose of the continuing the non-conforming use is not to continue a monopoly.
 
e.)    Extend the period within which a non-conforming commercial or industrial use is to be removed form a dwelling district and non-conforming industrial buildings in any business or commercial districts when the owner or owners can furnish substantial proof that the building was so extensively remodeled, reconstructed or structurally altered after the original construction that it practically resulted in the formation of a new building, but such extension of the period shall not exceed forty years from the date of such remodeling, reconstruction, or structural alteration.

f.)    Permit land within two hundred feet of a multiple dwelling to be improved for the parking spaces required in connection with a multiple dwelling, but only when there is positive assurance that such land can be used for such purposes during the existence of the multiple dwelling.

g.)    Permit a variation in the yard requirements of any districts where there are unusual and practical difficulties or unnecessary hardships in the carrying out of these provisions due to an irregular shape of the lot, topographical or other conditions, provided such variation will not seriously affect any adjoining property or the general welfare.

3.    Authorize upon appeal, whenever a property owner can show that a strict application of the terms of this ordinance relating to the use, construction or alteration of buildings or structures, of the use of land and will impose upon his unusual and practical difficulties or particular hardships, such variations of the strict application of the terms of this ordinance as are in harmony with its general purpose and intent, but only when the Board is satisfied that a granting of such variation will not merely serve as a convenience to the applicant, but will alleviate some demonstrable and unusual hardship or difficulty so great as to warrant a variation from the comprehensive plan as established by this ordinance, and at the same time the surrounding property will be properly protected.
 
In consideration of all appeals, petitions, and all proposed variations to this ordinance, the Board shall, before making any variation from the ordinance in any case, first determine that the proposed variation will not impair an adequate supply of light and air to adjacent property, or unreasonable increase the congestion in public streets, or increase the danger of fire or endanger the public safety, or unreasonable diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals or welfare of the inhabitants of the Village of Pearl City, Illinois.  The concurring vote of four members of the Board shall be necessary to reverse any other order, requirement, decision or determination of the Building Inspector or Enforcement Officer, or to decide in favor of the applicant or petitioner upon any matter upon which it is authorized by this ordinance to render a decision.

Nothing herein contained shall be construed to give or grant to the Board the power or authority to alter or change the Zoning Ordinance, or the map, such power and authority being reserved to the President of the Board of Trustees of the Village of Pearl City, to be by them exercised as follows:  The regulations imposed, and the districts created by this ordinance may be amended by ordinance form time to time, but no such amendments shall be made without a public hearing before the Zoning Board of Appeals.  At least fifteen days notice of the time and place of such hearing shall be published by the Secretary of the Zoning Board of Appeals.  In  case of written protest against any proposed amendment, signed and acknowledged before a notary public by owners of a least twenty percent of the frontage proposed to be altered, or by the owners of twenty percent of the frontage immediately adjoining or across an alley therefrom, or by the owners of twenty percent of the frontage directly opposite the frontage proposed to be altered as to such regulation or district, filed with the Village Clerk, such amendment shall not be passed except by the favorable  vote for two-thirds of all members of the Board of Trustees of the Village of Pearl City.

Article XII - Interpretation & Enforcement

Sec. 12-80  Minimum Requirements.

In interpreting and applying for the provisions of this ordinance, they shall be held to be the minimum requirements for the promotion of the public health, safety, convenience, comfort, morals, prosperity and general welfare.  It is not intended by this ordinance to interfere with, or to abrogate, or to annul any ordinance to interfere with, or to abrogate, or to annul any ordinance, rules, regulations or permits previously lawfully adopted or issued, and not in conflict with this ordinance to interfere with or abrogate or annul any easements, covenants, or other agreements between parties, provided, however, that where this ordinance imposes a greater restriction upon the uses of buildings or premises or upon height of buildings, or requires larger open spaces or larger lot areas than are imposed or required by such ordinances or agreements, the provisions of this ordinance shall control.

Sec. 12-81  Enforcement by Building Inspector.

It shall be the duty of the Building Inspector or Enforcement Officer to enforce the terms of this ordinance.

Sec. 12-82  Permit Required.
 
No building or structure shall be constructed, enlarged, erected or demolished without first obtaining a separate building permit for each such building or structure for the Village Clerk, subject to the following provisions and conditions:

1.    When a building of over one story in height or more than 300 square feet is demolished, a building permit is required.

2.    Any building of under 100 square feet does not require a building permit.

3.    A maximum completion time of 6 months shall apply to new construction and remodeling.  This is to be interpreted as being closed in roof, windows, doors and walls.  Exceptions may be granted by the Board of Appeals.

4.    A maximum completion time of 3 months shall apply to demolition work.  Exceptions to be granted by the Board of Appeals.

5.    The building permit is to be made and delivered in four parts.  One to the President of the Board, one to the Building Inspector, one to the Village Clerk and one to the homeowner, firm or corporation doing the building.

6.    Procedure:  Upon payment of the appropriate fee, the building permit will be obtained from the Village Clerk, completed and delivered to the Building Inspector.  The Building Inspector shall thereupon inspect the site and shall grant the permit unless it is found that the granting of such permit would cause an ordinance violation, in which case the Board of Appeals will hear and decide the case.  Upon approval by the Village Board, the Building Inspector shall sign the permit and distribute copies of same.

Sec. 12-83  Flood Area Regulations.

1.  The Building Inspector will also inspect proposed building site and determine whether said site will be reasonable safe from flooding.  If a proposed site is in a flood hazard zone, new construction or improvement must be designed (or modified) and anchored to prevent flotation, collapse, or lateral movement of the structure, construction materials and equipment must be resistant to flood damage and construction practices and methods must be used to minimize flood damage.

2.    The Village President and Board of Trustees shall review all subdivision proposals and other proposed new developments to assure that all proposals are consistent with the need to minimize flood damage.  All public utilities and facilities, such as sewer, gas, electrical and water systems are located, elevated and constructed to minimize or eliminate flood damage.  Adequate drainage is provided so as to reduce exposure to flood hazard.

 
3.    The President and Village Board shall require new or replacement water supply systems and sanitary sewage systems to be designed to minimize or eliminate infiltration of flood waters into the systems and discharges into flood waters, and shall require on site waste disposal systems to be located so as to avoid impairment of such systems, or contamination from them, during flooding.

Article XIII - Penalties

Sec. 12-85  Fines.

Any person, firm or corporation found guilty of violating any of the provisions of this ordinance shall be fined not less than $25.00 nor more than $200.00 for each offense.  Each day that a violation is permitted to exist shall constitute a separate offense.

Sec. 12-86  Other Remedies.

The penalty herein provided shall not be construed as an exclusive remedy of the Village of Pearl City, Illinois, but shall be in addition to any lawful, existing remedy or any lawful remedy hereafter available in courts of record.

Sec. 12-87  Severability.

In any suit of law, or in equity, or in any proceedings regarding the enforcement of the provisions hereof, if any provision of this ordinance is declared by a court of competent jurisdiction to be invalid, then such decision shall not affect the validity of the ordinance as a whole or any part thereof other than the part so declared to be invalid.

Article I.  Sewer Use Ordinance.

Division 1.  Use of Public Sewers Required.

Sec. 13-1

It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the Village or in any area under the jurisdiction of said Village, any human or animal excrement, garbage or other objectionable waste.

Sec. 13-2

It shall be unlawful to discharge to any natural outlet within the Village, or in any area under the jurisdiction of Said Village, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this ordinance.

Sec. 13-3

Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage.

Sec. 13-4

The owner of all houses, buildings, or properties used for human occupancy, employment, recreation or other purposes situated within the Village and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located any public sanitary (or combined) sewer of the Village, is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this ordinance, within ninety (90) days after date of official notice to do so, provided that said public sewer is within 100 feet (30.5 meters) of the property line.

Division 2.  Private Sewage Disposal.

Sec. 13-6

Where a public sanitary (or combined) sewer is not available under the provisions of Sec. 13-4 above, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this Division 2.

Sec. 13-7   

Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the Approving Authority.  The application for such permit shall be made on a form furnished by the Village, (reference Appendix #2) which the  applicant shall supplement by any plans, specifications and other information as are deemed necessary by the Approving Authority.  A permit and inspection fee of Ten dollars($10.00) shall be paid to the Village at the time the application is filed.

Sec. 13-8

A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Approving Authority.  He shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the Approving Authority when the work is ready for final inspection, and before any underground portions are covered.  The inspection shall be made within 24 hours of the receipt of written notice by the Approving Authority.

Sec. 13-9
 
The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of the State of Illinois Private Sewage Disposal Licensing Act and Code and with the State of Illinois Environmental Protection Agency.  No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities when the area of the lot is less than 15,000 square feet (1395 meters).  No septic tank or cesspool shall be permitted to discharge to any natural outlet.

Sec. 13-10

At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in Division 1, Section 13-4, a direct connection shall be made to the public sewer in compliance with this ordinance, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material.

Sec. 13-11

The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, and at no expense to the Village.

Sec. 13-12

No statement contained in this Division shall be construed to interfere with any additional requirements that may be imposed by the Village.

Sec. 13-13

When a public sewer becomes available, the building sewer shall be connected to said sewer within sixty (60) days and the private sewage and disposal system shall be cleaned of sludge and filled with clean bank-run gravel or dirt.

Division 3.  Building Sewers and Connections.

Sec. 13-20

No unauthorized person shall uncover, make any connections with, or opening into; use; alter; or disturb any public sewer or appurtenance thereof without first obtaining a written permit for the Approving Authority.

Sec. 13-21

All disposal by any person into the sewer system is unlawful except those discharges in compliance with Federal Standards promulgated pursuant to the Federal Act and more stringent State and local standards.
 
Sec. 13-22

There shall be two (2) classes of building sewer permits:  (a) for residential and commercial service, and (b) for service to establishments producing industrial wastes.  In either case, the owner or his agent shall make application on a special form furnished by the Village (reference Appendix #2).  The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Approving Authority.  A permit and inspection fee of Ten dollars ($10.00) for a residential or commercial building sewer permit shall be paid to the Village at the time the application is filed.  The Industry, as a condition of permit authorization, must provide information describing it's wastewater constituents, characteristics, and type of activity.

Sec. 13-23

A building sewer permit will only be issued and a sewer connection shall only be allowed if it can be demonstrated that the downstream sewerage facilities, including sewers, pump stations, and wastewater treatment facilities, have sufficient reserve capacity to adequately and efficiently handle the additional anticipated waste load.

Sec. 13-24

All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner.  The owner shall indemnify the Village from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

Sec. 13-25

A separate and independent building sewer shall be provided for every building, except that where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer form  the front building may be extended to the rear building and the whole considered as one building sewer.

Sec. 13-26

Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Approving Authority to meet all requirements of this ordinance.

Sec. 13-27

The size, slope, alignment, materials of construction of a building sewer, and the method to be used in excavating, placing of pipe, jointing, testing, and backfilling the trench, shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the Village.  In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the American Society of Testing Material, Water Pollution Control Federation Manual of Practice No. 9, and Standard Specifications for Water and Sewer Main Construction in Illinois shall apply.

Sec. 13-27

Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor.  In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building  drain shall be lifted by a means which is approved in accordance with Division 2, Sec. 13-22, and discharged to the building sewer.

Sec. 13-28

No person(s) shall make a connection of roof downspouts, exterior foundation drains, areaway drains, or other source of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.

Sec. 13-29

The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code, or other applicable rules and regulations of the Village, or the procedures set forth in appropriate specifications of the American Society of Testing Materials, Water Pollution Control Federation Manual of Practice No. 9, and Standard Specifications for Water and Sewer Main Construction in Illinois.  All such connections shall be made gastight and watertight.  Any deviation from the prescribed procedures and materials must be approved by the Approving Authority before installation.

Sec. 13-30

The applicant for the building sewer permit shall notify the Approving Authority when the building sewer is ready for inspection under the supervision of the Approving Authority or his representative.

Sec. 13-31

All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard.  Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Village.

Division 4.  Use of Public Sewers.

Sec. 13-40

No person shall discharge, or cause to be discharged, any storm-water, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.

Sec. 13-41

Storm-water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the Approving Authority.  Industrial cooling water or unpolluted process waters may be discharged on approval of the Approving Authority, to a storm sewer, combined sewer, or natural outlet.

Sec. 13-42

No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:

(a)    Any gasoline, benzene, naphtha, fuel oil, or other  flammable or explosive liquid, solid or gas.

(b)    Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant.

(c)    Any waters or wastes having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works.

(d)    Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shaving, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.

Sec. 13-43
 
No industrial user may discharge sewage into any public sewer until the Village has adopted an industrial cost recovery system which:

(a)    meets the requirements of Section 204(b) (1) (B) of the Federal Water Pollution Control Act Amendments of 1972 (citation) and applicable federal regulations;

and

(b)    has been approved by the Agency in accordance with the conditions of any grant made to the Village by the United States Environmental Protection Agency or by the State of Illinois for the construction of any part of the sewer system or sewage treatment works of the Village.

Sec. 13-44

No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the Approving Authority that such wastes can harm either the sewers, sewage treatment process, or equipment; have an adverse effect on the receiving stream; or can otherwise endanger life, limb, public property, or constitute a nuisance.  In forming his opinion as to the acceptability of these wastes, the Approving Authority will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities  in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and maximum limits established by regulatory agencies.  The substances prohibited are:

(a)     Any liquid or vapor having a temperature higher than one hundred fifty degrees Fahrenheit (150o), (65oC).

(b)    Any waters or wastes containing toxic or poisonous materials; or oils, whether emulsified or not, in excess of one hundred (100) mg/1 or containing substances which may solidify or become viscous at temperatures between thirty-two (32) and one hundred fifty degrees Fahrenheit (150oF), (0 and 65oC).

(c)    Any garbage that has not been properly shredded.  The installation and operation of any garbage grinder equipped with a motor of three-fourths (3/4) horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Approving Authority.

(d)    Any waters or wastes containing strong acid, iron pickling wastes or concentrated plating solutions whether neutralized or not.
 
(e)    Any waters or wastes containing iron, chromium, copper, zinc, or similar objectionable or toxic substances; or wastes exerting any excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the Approving Authority for such materials.

(f)    Any waters or wastes containing phenols or other taste or odor-producing substances, in such concentrations exceeding limits which may be established by the Approving Authority as necessary after treatment of the composite sewage, to meet the requirements of the State, Federal or other public agencies of jurisdiction for such discharge to the receiving waters.

(g)    Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Approving Authority in compliance with applicable State or Federal regulations.

(h)    Any waters or wastes having a pH in excess of 9.5.

(i)    Any mercury or any of its compounds in excess of 0.0005 mg/1 as Hg at any time except as permitted by the Approving Authority in compliance with applicable State and Federal regulations.

(j)    Any cyanide in excess of 0.025 mg/1 at any time except as permitted by the Approving Authority in compliance with applicable State and Federal regulations.

(k)    Materials which exert or cause:

(1)    unusual concentrations of inert suspended solids (such as, but not limited to Fullers earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate);

(2)    excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions);

(3)    unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works;

(4)    unusual volume of flow or concentrations of wastes constituting "slugs" as defined herein.
 
(l)    Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment plan effluent cannot meet requirements of agencies having jurisdiction over discharge to the receiving waters.

Sec. 13-45

If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Section 5 of the Division, and/or which are in violation of the standards for pretreatment provided in Chapter 1, EPA Rules and Regulations, subchapter D, Water Programs Part 128 - Pretreatment Standards, Federal Register Volume 38, No. 215, Thursday, November 8, 1973 and any amendments thereto, and which in the judgment of the Approving Authority may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Approving Authority may:

(a)    reject the wastes;

(b)    require pretreatment to an acceptable condition for discharge to public sewers;

(c)    require control over the quantities and rates of discharge; and/or

(d)    require payment to cover the added costs of handling and treating the wastes not covered by existing taxes or sewer charges, under the provisions of Section 11 of this Article.

If the Approving Authority permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Approving Authority, and subject to the requirements of all applicable codes, ordinances and laws.

Sec. 13-46

Grease, oil and sand interceptors shall be provided when, in the opinion of the Approving Authority they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units.  All interceptors shall be of a type and capacity approved by the Approving Authority, and shall be located as to be readily and easily accessible for cleaning and inspection.

Sec. 13-47
 
Where preliminary treatment of flow-equalizing facilities are provided, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.

Sec. 13-48

Each industry shall be required to install a control manhole and, when required by the Approving Authority, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes.  Such manhole, when required, shall be accessible and safely located, and shall be constructed in accordance with plans approved by the Approving Authority.  The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times.

Sec. 13-49

The owner of any property serviced by a building sewer carrying industrial wastes shall provide laboratory measurements, tests and analyses of waters and waste to illustrated compliance with this ordinance and any special conditions for discharge established by the Village or regulatory agencies having jurisdiction over the discharge.

The number, type and frequency of laboratory analyses to be performed by the owner shall be as stipulated by the Village, but no less than once per year the industry must supply a complete analyses of the constituents of the wastewater discharge to assure that compliance the Federal, State and local standards are being met.  The owner shall report the results of measurements and laboratory analyses to the Village at such times and in such manner as prescribed by the Village.  The owner shall bear the expense of all measurements, analyses and reporting required by the Village.  At such times as deemed necessary, the Village reserves the right to take measurements and samples for analysis by an outside laboratory service.

Sec. 13-50

All measurements, tests, and analysis of the characteristics of waters and wastes to which reference is made in this ordinance shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater", published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole.  In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected.

Division 5.  Protection of Sewage Works from Damage.

Sec. 13-56

No unauthorized person shall maliciously, willfully or negligently break, damage, destroy or tamper with any structure, appurtenance or equipment which is a part of the sewage works.  Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.

Division 6.  Powers and Authority of Inspectors.

Sec. 13-60

The Approving Authority and other duly authorized employees of the Village, the Illinois Environmental Protection Agency and the U. S. Environmental Protection Agency, bearing proper credentials and identification, shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of the ordinance.  The Approving Authority or his representative shall have no authority to inquire into any processes, including metallurgical, chemical, oil refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterway or facilities for waste treatment.

Sec. 13-61

While performing the necessary work on private properties referred to in Article 4, Section 13-40 above, the Approving Authority of duly authorized employees of the Village, the Illinois Environmental Protection Agency and the U. S. Environmental Protection Agency shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the Village employees and the Village shall indemnify the company against loss or damage to its property by Village employees and against liability claims and demands for person injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure to the company to maintain safe conditions are required in Division 4, Section 13-48.  (?)

Sec. 13-62

The Approving Authority and other duly authorized employees of the Village bearing proper credentials and identification shall be permitted to enter all private properties through which the Village holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within said easement.  All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

Division 7.  Penalties.

Sec. 13-70

Any person found to be violating any provision of this ordinance except Division 5 shall be served by the Village with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof.  The offender shall, within the period of time stated in such notice, permanently cease all violations.  The Village may revoke any permit for sewage disposal as a result of any violation of any provision of this ordinance.

Sec. 13-71

Any person who shall continue any violation beyond the time limit provided for in Division 7, Sec. 13-70, shall be guilty of a misdemeanor, and on conviction thereof shall be fined in the amount not exceeding $50.00 for each violation.  Each day in which any such violation shall continue shall be deemed a separate offense.

Sec. 13-72

Any person violating any of the provisions of this ordinance shall become liable to the Village by reason of such violation.

Article II - Wastewater Service Charges and Industrial Waste Cost Recovery.

Division 1.  Wastewater Service Charges.

Sec. 13-100

Basis for wastewater service charges:  The wastewater service charge for the use of and for service supplied by the wastewater facilities for the Village of Pearl City shall consist of a basic user charge for operation and maintenance plus replacement, and a surcharge, if applicable.  The basic user charge shall be based on the following normal concentration:

(a)    5 day, 20o Centigrade biochemical oxygen demand of 250 mg/1.
 
(b)    a suspended solids content of 300 mg/1.

It shall consist of operation and maintenance costs plus replacement and shall be computed as follows:

(a)    Estimate the projected annual revenue required to operate and maintain the wastewater facilities, including a replacement fund, for the next fiscal year for all work categories.

(b)    Proportion the estimated cost to wastewater facility categories by volume, suspended solids and BOD.

(c)    Estimate wastewater volume, pounds of suspended solids, and pounds of BOD to be treated.

(d)    Compute unit cost for volume ($ per 1,000 gallons) for suspended solids ($ per pound) and for BOD ($ per pound).

(e)    Compute cost per 1,000 gallon for volume, suspended solids, and BOD at normal sewage strength.  Add theses costs to determine the charge for operation and maintenance including replacement.  A surcharge will be levied to all users whose wastes exceed the normal concentrations for BOD (250 mg/1) and suspended solids (300 mg/1).  The surcharge will be based on water usage as recorded by water meters and/or sewage meters for all wastes which exceed the 250 mg/1 and 300 mg/1 concentrations for BOD and suspended solids respectively.  The wastewater service charge shall be reviewed annually by certified public accountants to the Village in their annual audit.  It shall be revised periodically to reflect the change in debt service or a change in operation and maintenance including replacement costs.

Sec. 13-101

(a)    All persons discharging wastewater not exceeding the normal concentrations for BOD and suspended solids, shall not be required to meter water consumption.  Service charges shall be based upon a flat rate as given in Sec. 13-102.

(b)    All users whose wastes exceed normal concentrations for BOD and suspended solids shall be based on meter water consumption read to the lowest even increment of 100 gallons.  If the person discharging waste into the public sewers procures any part or all of his water from sources other than the public water works system, all or a part of which is discharged into the public sewers, the person shall install and maintain at his expense, water meters of a type approved by the Superintendent for the purpose of determining the volume of water obtained from these other source.

(c)    Devices for measuring the volume of waste discharged may be required by the Superintendent if these volumes cannot otherwise be determined from the metered water consumption records.  Metering devices for determining the volume of waste shall be installed, owned and maintained by the person.  Following approval and installation, such meters may not be removed without the consent of the Superintendent.

Sec. 13-102

(a)    The charge for sewage treatment for the different properties in the Village shall be in accordance with the schedule hereinafter set forth.  The Board may, in its discretion, change these rates at any time.  A copy of the current rates shall be made available to the public upon request.  Such charge shall be paid in monthly installments on or before the 15th day of each month, unless otherwise provided by the contract.  The monthly sewer service flat rate charges are based upon the schedule of user charge use units assigned to each user per its occupational use, as given in Table I.

TABLE I.

Occupational use                        User Charge Use Units

Single person residence1.00Two person residence1.33Three or more person residence1.55Auto Wash2.70Barber Shop.90Beauty Shop.90Business1.65Business (small).80Farm4.10Farm (small).65Fire District6.20Grain Elevator2.85Library.75Park District1.25School District31.00Tavern.90Township Building.55

(b)    The monthly sewer service flat rates and charges for the treatment plant shall be $13.00 per user charge use unit as per Table I.(amended 5-1-89)

 
(c)    Authority for Determination of Occupational Use - The Village Board Shall be the final authority for determining # into which occupational use category of Table I a person shall be placed.

(d)    Each apartment or separate residential quarter in a multiple dwelling building shall be considered a residential unit.

(e)    Real estate owners, as well as tenants shall be liable for service charges and, in the discretion of the Village, may be billed monthly or periodically.

Sec. 13-103    Surcharge rate.

All persons discharging wastewater with concentrations in excess of 250 mg/1 BOD and/or 300 mg/1 total suspended solids shall be required to meter the discharge and will be assessed a surcharge as defined in this section.

The rates of surcharge for BOD5 and suspended solids shall be as follows:

(a)    For biochemical-oxygen demand (BOD)  $0.05 per pound.

(b)    For suspended solids (SS)  $0.03 per pound.

Sec. 13-104  Computation of surcharge.

The surcharge per person shall be computed by the following formula:

      S = V (0.00834)  [A (BOD-250) + B (SS-300)]

where S = Amount of Surcharge ($)
 V = Wastewater volume in thousand gallons per billing period

 0.00834 = Unit weight of water x 10-6 per thousand gallons
 A = Unit charge per lb. for BOD5 per lb. (Sec. 13-103)
 BOD5 = 5 day Biochemical Oxygen Demand, mg/1
 250 = Allowable BOD5 strength
 B = Unit charge per lb. of SS, mg/1
 300 = Allowable SS, mg/1

(a)    The concentration of wastes used for computing surcharges shall be established by waste sampling.  Waste sampling shall be performed as often as may be deemed necessary by the Superintendent and shall be binding as a basis for surcharges.  Sampling stations shall be provided and maintained by the person.

Division 2.  Industrial Cost Recovery.

Sec. 13-110

No industrial user may discharge sewage into any public sewer until the Village of Pearl City has adopted an industrial cost recovery system which:

(a)    meets the requirements of Section 204(b) (1) (B) of the Federal Water Pollution Control Act Amendments of 1972 (citation #) and applicable federal regulations; and

(b)    has been approved by the Agency in accordance with the conditions of any grant made to the Village of Pearl City by the United States Environmental Protection Agency or by the State of Illinois for the construction of any part of the wastewater system or sewage treatment works of the Village of Pearl City.

Division 3.  General Provisions.

Sec. 13-115  Bills.

Said rates or charges for service shall be payable monthly or quarterly depending on the classification of services for which bills are rendered.

The owner of the premises, the occupant thereof and the user of the service shall be jointly and severally liable to pay for the service to such premises and the service is furnished to the premises by the Village only upon the condition that the owner of the premises, occupant and user of the services are jointly and severally liable therefor to the Village.

Coupon payment books for Water & Sewer service will be issued in May and are good for the period of one (1) year.  Payment booklets reflect regular and discount rates.  To receive discount rates, bills must be paid by the 15th of each month; after the 15th regular rates will be due.

As of June 1, 1990, landlords will be responsible for paying Water & Sewer rents of rental properties, by the present 3 rate scale.  (Amended May 1, 1989)

Sec. 13-116  Delinquent bills.

If the charges for such services are not paid within 60 days or 30 days herein above mentioned after the rendition of the bill for services, such services shall be discontinued without further notice and shall not be reinstated until all claims are settled.

Sec. 13-117  Lien-Notice of delinquency.
 
Whenever a bill for sewer service remains unpaid for 30 days for monthly service after it has been rendered, the Village treasurer shall file with the County Recorder of Deeds a statement of lien claim.  This statement shall contain the legal description of the premises served, the amount of the unpaid bill, and a notice that the Village claims a lien for this amount as well as for all charges subsequent to the period covered by the bill.

If the user whose bill is unpaid is not the owner of the premises and the Village treasurer has notice of this, notice shall be mailed to the owner of the premises if his address be known to the treasurer, whenever such bill remains unpaid for the period of forty-five days for a monthly bill or one hundred and five days for a quarterly bill after it has been rendered.

The failure of the Village treasurer to record such lien or to mail such notice shall not affect the right to foreclose the lien for unpaid bills as mentioned in the foregoing section.

Sec. 13-118  Foreclosure of lien.

Property subject to a lien for unpaid charges shall be sold for non-payment of the same, and the proceeds of the sale shall be applied to pay the charges, after deducting costs, as is the case in the foreclosure of statutory liens.  Such foreclosure shall be by bill-in-equity in the name of the Village.  The Village attorney is hereby authorized and directed to institute such proceedings in the name of the Village in any court having jurisdiction over such matters against any property for which the bill has remained unpaid forty-five days in the case of a monthly bill or one hundred and five days in the case of a quarterly bill after it has been rendered.

Sec. 13-119  Revenues.

All revenues and moneys derived from the operation of the sewage system shall be deposited in the sewerage account of the sewerage fund.  All such revenues and moneys shall be held by the Village treasurer separate and apart form his private funds and separate and apart from all other funds of the Village and all of said sum without deductions whatever, shall be delivered to the Village treasurer not more than ten days after receipt to the same, or at such more frequent intervals as may from time to time be directed by the Board of Trustees.

The Village treasurer shall receive all such revenues from the sewerage system and all other funds and moneys incident to the operation of such system as the same may be delivered to him and deposit the same in the account of the fund designated as the "Sewerage Fund of the Village".  Said treasurer shall administer such fund in every respect in the manner provided by statute of the "Revised Cities and Villages Act", effective January, 1942.

Sec. 13-120  Accounts.
 
The Village treasurer shall establish a proper system of accounts and shall keep proper books, records and accounts in which complete and correct entries shall be made of all transactions relative to the sewerage system, and at regular annual intervals he shall cause to be made an audit by an independent auditing concern of the books to show the receipts and disbursements of the sewerage system.

In addition to the customary operating statement, the annual audit report shall also reflect the revenues and operating expenses of the wastewater facilities, including a replacement cost, to indicate that sewer service charges under the industrial cost recovery system do in fact meet these regulations.  In this regard, the financial information to be shown in the audit report shall include the following:

(1)    Flow data showing total gallons received at the wastewater plant for the current fiscal year.

(2)    Debt service for the next succeeding fiscal year.

(3)    Number of users connected to the system.

(4)    Number of non-metered users.

(5)    A list of users discharging non-domestic wastes (industrial users) and volume of waste discharged.

Sec. 13-121  Notice of rates.

A copy of this article properly certified by the Village Treasurer, shall be filed in the office of the Recorder of Deeds of Stephenson County and shall be deemed notice to all owners of real estate of the charges of the sewerage system of said Village on their properties.

Sec. 13-122  Penalty.

Any person, firm or corporation violating any provision of this article shall be fined not less than Ten dollars ($10.00) nor more than one Hundred dollars ($100.00) for each offense.

Sec. 13-123  Access to records.

The Illinois Environmental Protection Agency or its authorized representative shall have access to any books, documents, papers and records of the Village which are applicable to the Village system of user charges or industrial cost recovery for the purposes of making audit, examination, excerpts, and transcriptions thereof to insure compliance with the terms of the Special and General Conditions to any State Grant.

Division 4.  Effective Date of Rates.

Sec. 13-130

The rates and serviced charges established for user charges in Division 1, Section 13-3 through Section 13-7 and for industrial cost recovery established in Division 2, Section 13-12 through Section 13-14 shall be effective as of the next fiscal year beginning ____________ and on bills to be rendered for the next succeeding month being _____________ for monthly users and on bills to be rendered for the next succeeding quarter being for quarterly users.

 Article I - Definitions

The following definitions shall apply whenever used in this chapter:

Sec. 14-101  Definitions.

Bags:  Plastic sacks or receptacles designed to store household waste with sufficient wall strength to maintain physical integrity when lifted by top.  Total weight of a bag and its contents shall not exceed 50 lbs.

Base Rate:  The minimum monthly charge assessed by the Village to each residential dwelling for basic household waste collection and disposal and recycling services.  the Base Rate shall be set by contract and shall not include the charge assessed for additional bags of household waste collected in addition to the first thirty (30) gallon bag for each household.

Bulky Household Waste:  Rubbish such as stoves, refrigerators, water heaters, washing machines, white goods, furniture and waste materials other than construction debris, dead animals, hazardous waste or stable matter with weights or volumes greater than those allowed for containers.

Commercial Solid Waste: Garbage or refuse generated by a producer within the corporate limits other than a residential dwelling unit, including, but not limited to, multi-family dwellings, business, commercial or industrial producers.

Construction Debris:  Waste building materials resulting from construction, remodeling, repair, renovation and demolition operations.

Container:  A receptacle in which recyclable materials, household waste, rubbish, and garbage can be stored and later placed for collections as approved by the Village.

Contractor:  A sole proprietor, corporation or partnership performing waste collection, recycling and disposal under contract with the Village. 

Garbage: All animal and vegetable matter from handling, preparation, cooking consumption, storage, decay or decomposition of food (meats, fish, fowl, fruits, grains) and/or any other animal or vegetable matter whatsoever, subject to decay which may putrefy or generate noxious or offensive odors.

Hazardous Waste:  Waste that is toxic, corrosive, dangerously flammable, explosive or otherwise, which because of its characteristics, poses a substantial hazard to human health including, but not limited to, gasoline, oil, batteries, petroleum products, medical or veterinary pathological waste, pesticides or pesticide containers, paints, paint cans, paint thinner, lead and radioactive materials.

Household Metal:  Aluminum cans, tin cans and other recyclable metal.

Household Waste:  All wastes which normally result from the operation of a household, including all garbage and rubbish.  Household waste does not include hazardous waste or materials, nor does it include yard waste.

Owner:  Any person, agent, firm or corporation having legal or equitable interest in the property.

Producer:  One who generates solid waste and/or recyclable material.

Receptacle:  Any container, whether referred to as "garbage can", "plastic bag", "cans", "suitable container", or "containers", which are of such size and form as to permit collection by one man.  Garbage cans shall not exceed 30 gallons in capacity and shall be fitted with handles and lids.

Recyclable Materials:  Newsprint, glass, corrugated cardboard, household metal, plastic bottles stamped with either a number 1 or a number 2 grade, and other materials for which there is a market outlet for reuse or reformulation as a new product.

Refuse:  Solid waste material, except body waste.

Residential Household Waste:  Household waste generated by a producer at a residential dwelling unit.

Residential Dwelling Unit:  Any single or multi-family dwelling of or less within the corporate limits of the Village.

Rubbish:  All nonputrescible solid wastes consisting of both combustible and noncombustible waste, including but not limited to paper, plastics, bottles, glass, cardboard, metal, cans, bricks, ashes, sod, dirt, rocks, cement, trees, wood, leather, and any other like materials small enough for one man to handle. Rubbish does not include yard waste, bulky household waste, dead animals, garbage, stable matter and hazardous wastes.

Self-Adhesive Sticker:  A sticker produced and printed for placement on each bag of household waste not included in the Base Rate charge to residential dwelling units.

Stable Matter:  All manure and other waste matter normally accumulated in or about a stable, or any animal, livestock, or poultry enclosure, and resulting from the keeping of animals or livestock.

Solid Waste:  Garbage or rubbish.

Volume based rates:  Billing method that uses a base rate and a self-adhesive sticker to provide an incentive for producers to recycle and to more fairly apportion the costs of providing collection and recycling services.

Yard Waste:  Compostible, organic material consisting of dead plants, weeds, Christmas trees, tree or hedge trimmings, grass clippings and leaves, but excluding tree limbs over 2" in diameter and 48" in length.

Article II - Collection and Disposal

Sec. 14-201  Franchise Authority.

The Village shall collect residential household waste from all residential dwelling units as defined.  The Village, subject to Village Board authorization and approval, may collect solid waste itself or it may franchise the authority to collect commercial solid waste and/or residential solid waste to one or more contractors through the use of either competitive bidding or negotiated contracts.  The Village shall also have the authority to regulate and/or to require all producers to separate recyclable materials from waste materials as a condition for collection.

Sec. 14-202  Residential Solid Waste Collection.

Household waste collection from residential dwelling units shall be made only by the Village or designated contractors and only in the following manner:

(a) collection shall occur at least once every seven (7) days.

(b) collection shall be made curb-side or in a location mutually agreed between the Village Board and the Contractor.

(c) collections shall be from containers or bags no larger than 30 gallons, larger containers or bags being subject to pick-up refusal, and enforcement action.

(d) billing for collection shall be made using volume based rates, and residents shall be encourage, but not required, to separate household wastes from recyclable materials.  However, household waste co-mingled with hazardous wastes or yard waste shall be refused for collection and subject to enforcement action.

(e) participation in the Village's residential household waste collection program is mandatory and shall apply to all residential dwelling units.

Sec. 14-203  Garbage Bag Stickers.

Residential household waste collection charges shall be based on the dwelling unit's disposal volume.  The Base Rate shall apply to each residential dwelling unit rate and shall include the cost of disposal for one (1) 30 gallon bag of waste.  Each additional 30 gallon bag of waste set out for collection shall display a self-adhesive sticker at a rate and in a manner to be set by contract, and failure to do so shall be considered a violation of this ordinance.  It shall be unlawful to tamper with, remove, change, alter or deface any sticker.

Sec. 14-204  Storage.

Residential household waste stored outside of a dwelling, garage or utility building must be placed in clean garbage containers with tight fitting lids at the rear of the dwelling unit or a suitable place out of public view.  Filthy, leaking or defective containers shall be cleaned, repaired or replaced by the owner or occupant of the dwelling unit, at his or her expense.  All containers shall be kept clean and disinfected with an antiseptic solution as often as necessary to prevent odors from becoming a nuisance.  Neglect of these requirements or use of unsafe, unsanitary or unsightly containers shall subject residential dwelling unit owners and/or occupants to enforcement action.  Producer shall not allow solid waste to accumulate on their property past the established collection day.

Sec. 14-205  Container Placement.
 
Containers shall be placed at or near the curb in front of each dwelling unit where they can be seen from the street or road on scheduled pick-up days.  The Village Board and the Contractor may mutually agree to a different location for pick-up for the Village or parts of the Village.  Garbage container bags placed for collection shall be tightly bound and closed by means of a staple or twist-tie.  Containers may be placed by the curb or roadside no earlier than after dusk or 8:00 p.m., whichever is later, on the day prior to the scheduled residential waste collection.  Containers must be returned to their dwelling or out of public view by 6:00 p.m. on the day of collection.

Sec. 14-206  Commercial Storage.

Institutions, commercial, business or industrial establishments, as well as apartment buildings of greater than three or less units, any of which produce solid waste within the corporate limits of the Village shall provide sufficient and adequate containers for the storage of all solid waste produced by such establishments.  When bulk containers are provided by private firms the name and telephone number of the firm shall be printed on the side.  All containers shall be waterproofed, leakproof and shall be covered at all times subsequent to depositing waste therein or removing the contents thereof.  It shall be the responsibility of the owner, operator or manager of the establishment to see that they are maintained in a sanitary condition.

Sec. 14-207  Commercial Disposal.

Establishments producing large quantities of solid waste and other refuse shall cause the removal and disposal of all such waste or refuse, from containers as often as necessary, but no less than every seven days, to ensure a healthy environment around the establishments.  Such establishment shall not allow solid waste or refuse to spill over from the container and they shall make arrangement for the proper removal and disposal of any such spillage.

Sec. 14-208  Waste Designation.

The City of Freeport's Municipal Sanitary Landfill shall be the designated site for the processing and disposal of all solid waste collected by commercial solid waste collection firms within the geographical confines of the Village.  The terms and conditions of this section shall be specified in an inter-governmental agreement between the Village and the City.  A commercial solid waste collection firm violating this section shall be subject to a fine of not less than $200.00, nor more than $500.00, with each day a violation occurs being a separate offense.

Sec. 14-209  Regulations.

The provisions of any contract for the collection of solid waste and/or the collection of recyclable materials subsequently adopted to this ordinance shall be consistent with this Chapter.  All contract provisions may be passage of a resolution of the Village Board be adopted by reference as if fully set forth herein.  The Village Board may adopt additional regulations by resolution to implement the intent of this Chapter.  This Chapter does not imply a right to a contract nor restrict the Village from insuring its rights by contract, including, but not limited to, contractual provisions regarding financial responsibility and the Village's rights to insure compliance with this Chapter and with its contract.

Sec. 14-210  Penalties.

Unless otherwise specified, the penalty for violating this Chapter or its regulations shall be not less than $25.00, nor more than $100.00.

Article III - Recycle

Sec. 14-301  Recycling Collection.

There is hereby established in the Village a curb-side recycling program operated by the Village or contractors of the Village for residential dwelling units to provide for the separation of designated recyclable materials and for placement of such materials in special designated recycling containers.  The Village shall designate the special recycling materials on-site at the residential dwelling unit and placement of those materials curb-side.  Residents shall use only the Village-designated recycling containers or a container approved by the Contractor.

Sec. 14-302  Recycling Containers.

The Village shall provide specially labeled recycling containers to each residential dwelling unit.  The Village shall maintain ownership of the containers.  However, each residential dwelling unit shall be responsible for the normal and reasonable care of the recycling containers entrusted to the dwelling unit's care, and the cost of replacement of containers which are damaged or lost through misuse, misplacement, theft or neglect.

Sec. 14-303  Placement and Storage of Recycling Containers

Recycling containers shall be stored on the residential dwelling unit's premises and may be placed at the dwelling unit's designated location for collection only during the time specified for household solid waste collection.

Sec. 14-304  Recycling Materials.

The Village's recycling program shall provide, at minimum, for the collection of household metal, newsprint, corrugated cardboard, number one and number two plastic bottles which are separated from the waste stream and placed in the recycling container for collection on the regularly scheduled pick-up day.  The Village Board may from time to time change the materials to be separated from the waste stream and include new materials in the recycling program upon satisfactory evidence of a marketing outlet or disposal network for such materials.  Residents shall be notified in writing and by public notice of may change in recycling materials collected from residential dwelling units.  such changes in collected materials shall be binding upon contractors.

Sec. 14-305  Scavenging Prohibited.

Once recyclable material has been placed in and along recycling containers, and set curb-side or at the designated collection point, recycling materials become the property of the Village until lifted into the contractor's truck or recycling vehicle, at which time such materials shall be and become the property and responsibility of the contractor.  It shall be unlawful for person, firms or corporations to remove any recyclable material set out or aside for collection.

Sec. 14-306  Cost of Collection.

The cost of collection of recyclable materials shall be included within the Base Rate for household waste collection and disposal charged to residential dwelling units by the Village; no additional charges shall be levied on any residential dwelling unit as a condition of recycling collection.  The revenue derived from the sale of recyclable materials shall be the contractor's revenue.

Sec. 14-307  Additional Recycling Programs.

Institutions, firms factories, businesses, commercial establishments, and apartment complexes that do not fit the definition of residential dwelling unit may be included in the Village's recycling program upon promulgation of regulations by the Village Board.

Article IV - Yard Waste

Sec. 14-401  Yard Waste Disposal.

No producer of yard waste shall mix or commingle yard waste with solid waste or household waste or with any recyclable material.  Any such commingling of yard waste or landscaped waste is hereby prohibited.  If the Freeport Municipal Landfill lifts its prohibition against commingling yard waste with solid waste, the Village Board may, by resolution, waive the prohibition established in this section.

The Village is empowered to contract a private firm, individuals or other public entities to operate a yard waste collection program either separately or in conjunction with the Village's residential household waste collection and recycling program.

Sec. 14-402 Conflicting Ordinances

All ordinances or parts of ordinances in conflict with provisions herein are hereby repealed to the extent of such conflict.  If any section, clause of provision of this Ordinance be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the Ordinance as a whole or any part thereof, other than the part so declared to be invalid.

Sec. 14-403 Inactment

This ordinance shall be in full force and effect from and after its passage, approval, and publication as provided by law.

Sec. 1.  CROSS-CONNECTION CONTROL - General Policy

A.  Purpose.  The purpose of these Rules and Regulations is:

1. To protect the public water supply system from contamination or pollution by isolating within the customer's water system contaminants or pollutants which could backflow through the service connection into the public water supply system.

2. To promote the elimination or control of existing connections, actual or potential, between the public or consumer's potable water system and non-potable water systems, plumbing fixtures and sources or systems containing substances of unknown or questionable safety.

3. To provide for the maintenance of a continuing program of cross-connection control which will prevent the contamination of pollution of the public and consumer's potable water systems.

B.  Application.  These Rules and Regulations shall apply to all premises served by the public potable water supply system of the Village of Pearl City.

C.  Policy.  The owner of official custodian shall be responsible for protection of the public water supply system from contamination due to backflow or back-siphonage of contaminants through the customer's water service connection.  If, in the judgement of the Superintendent of Water or his authorized representative, an approved backflow prevention device is necessary for the safety of the public water supply system, The Superintendent of Water shall give notice to the consumer to install such approved backflow prevention device at each service connection to the premises.  The consumer shall immediately install such approved device or devices at his own expense.  Failure, refusal or inability on the part of the consumer to install such device or devices immediately shall constitute grounds for discontinuing water service to the premises until such device of devices have been installed.  The consumer shall retain records of installation, maintenance, testing and repair for a period of 5 years.  The Superintendent of Water may require the consumer to submit a cross-connection inspection report to the Village of Pearl City, IL, to assist in determining whether or not service line protection will be required.  All cross-connection inspections shall be conducted by a Cross-Connection Control Device Inspector certified by the Illinois Environmental Protection Agency.

Sec. 2.  Definitions

A. The following definitions shall apply in the interpretation  and enforcement of these regulations. 

1. "Fixed proper air gap" means the unobstructed vertical distance through the free atmosphere between the water discharge point and the flood level rim of the receptacle.

2. Agency means Illinois Environmental Protection Agency.

3. "Approved" means backflow prevention devices or methods approved by the Research Foundation for Cross-Connection Control of the University of Southern California, Association of the State Sanitary Engineers, American Water Works Association, American National Standards Institute or certified by the National Sanitation Foundation.

4. "Auxiliary water system" means any water source or system on or available to the premises other that the public water supply system and includes the water supplied by the system. These auxiliary waters may include water from another purveyor's public water supply system; or water from a source such as well, lakes, or streams, or process fluids; or used water. These waters may be polluted or contaminated or objectionable or constitute a water source or system over which the water purveyor does not have control.

5. "Backflow" means the flow of water or other liquid, mixtures, or substances into the distribution pipes of potable water system from any source other than the intended source of the potable water supply.

6. "Backflow prevention device" means any device, method, or type of construction intended to prevent backflow into a potable water system. All devices used for backflow prevention in Illinois must meet the standards of the Illinois Plumbing Code and the Illinois Environmental Protection Agency.

7. "Consumer" or "Customer" means the owner, official custodian or person in control of any premises supplied by or in any manner connected to a public water system.

8. "Consumer's water system" means any water system located on the customer's premises. A building plumbing system is considered to by a customer's water system.

9. "Contamination" means an impairment of the quality of the water by entrance of any substance to a degree which could create a health hazard.

10. "Cross-Connection" means any physical connection or arrangement between two otherwise separate piping systems, one of which contains potable water and the other a substance of unknown or questionable safety or quality, whereby the may be a flow from on system into the other. Direct cross-connection means a cross-connection formed when a water system in physically joined to a source of unknown or unsafe substance. Indirect cross-connection means a cross-connection through which an unknown substance can be forced, drawn by vacuum or otherwise introduced into a safe potable water system.

11. "Double check valve assembly" means an assembly composed of single, independently acting check valves approved under ASSE Standard 1015. A double check valve assembly must include tight shutoff valves located at each end of the assembly and suitable connections for testing the water-tightness of each check valve.

12. "Health hazard" means any condition, device or practice in a water system or its operation resulting from a real or potential danger to the health and well-being of consumers. The word "severe" as used to qualify "health hazard" means a hazard to the health of the user that could be expected to result in death or significant reduction in the quality of life.

13. "Inspection" means a plumbing inspection to examine carefully and critically all material, fixtures, piping and appurtenances, appliances and installations of a plumbing system for compliance with requirements of the Illinois Plumbing Code, 77 Ill. Adm. Code 890.

14. "Non-potable water" means water not safe for drinking, personal, or culinary use as determined by the requirements of 35 Ill. Adm. Code 604.

15. "Plumbing" means the actual installation ,repair, maintenance, alteration or extension of a plumbing system by any person. Plumbing includes all piping, fixtures, appurtenances and appliances for a supply of water for all purposes, including without limitation lawn sprinkler systems, from the source of a private water supply on the premises or from the main in the street, alley or at the curb to, within and about any building or buildings where a person or persons live, work or assemble. Plumbing includes all piping, from discharge of pumping units to and including pressure tanks in water supply systems. Plumbing includes all piping, fixtures, appurtenances, and appliances for a building drain and a sanitary drainage and related ventilation system of any building or buildings where a person or persons live, work ar assemble from the point of connection of such building drain to the building sewer or private sewage disposal system five feet beyond the foundation walls.

16. "Pollution" means the presence of any foreign substance (organic, inorganic, radiological, or biological) in water that tends to degrade its quality so as to constitute a hazard or impair the usefulness of the water.

17. "Potable water" means water which meets the requirements of 35 Il. Adm. Code 604 for drinking, culinary, and domestic purposes.

18. "Potential Cross-Connection" means a fixture or appurtenance with threaded hose connection, tapered spout, or other connection which would facilitate extension of the water supply line beyond its legal termination point.

19. "Process fluid(s)" means any fluid or solution which may be chemically, biologically or otherwise contaminated or polluted in a form or concentration such as would constitute a health or a health, pollutional, or system hazard if introduced into the public or a consumer's potable water system. This includes but is not limited to:

    1. polluted or contaminated waters

    2. process waters

    3. used waters originating from the public water supply system which may have deteriorated in sanitary quality

    4. cooling water

    5. questionable or contaminated natural waters taken from wells, lakes, streams, or irrigation systems

    6. chemicals in solution or suspension

    7. oils, gases, acids, alkalis and other liquid and gaseous fluids used in industrial or other processes, or for fire fighting purposes

20. "Public water supply" means all mains, pipes, and structures through which water is obtained and distributed to the public, including wells and well structures, intakes and cribs, pumping stations, treatment plants, reservoirs, storage tanks, and appurtenances, collectively or severally, actually used or intended for use for the purpose of furnishing water for drinking or general domestic use and which serve at least 15 service connections or which regularly serve at least 25 persons at least 60 days per year. A public water supply is either a "community water supply" or a "non-community water supply".

21. "Reduced pressure principle backflow prevention device" means a device containing a minimum of two independently acting check valves together with an automatically operated pressure differential relief valve located between the two check valves and approved under ASSE Standard 1013. During normal flow and at the cessation of normal flow, the pressure between these two checks shall be less than the supply pressure. In case of leakage of either check valve, the differential relief valve, by discharging to the atmosphere, shall operate to maintain the pressure between the check valves at less than the supply pressure. The unit must include tightly closing shutoff valves located at each end of the device, and each device shall be fitted with properly fitted test cocks.

22. "Service connection" means the opening, including all fittings and appurtenances, at the water main through which water is supplied to the user.

23. "Survey" means the collection of information pertaining to a customer's piping system regarding the location of all connections to the public water supply system and must include the location, type and most recent inspection and testing date of all cross-connection control devices and methods located within that customer's piping system. The survey must be in written form and should not be an actual plumbing inspection.

24. "System hazard" means a condition through which an aesthetically objectionable or degrading material not dangerous to health may enter the public water supply system or a consumer's potable water system.

25. "Used water" means any water supplied by a public water supply system to a consumer's water system after it has passed through the service connection and is no longer under the control of the water supply official custodian.

26. "Water purveyor" means the owner or official custodian of a public water system.

Sec. 3.  Water System

A.  The water system shall be considered as made up of two  parts: the public water supply system and the consumer's water system.

B.  The public water supply system shall consist of the source facilities and the distribution system, and shall include all those facilities of the potable water system under the control of the Superintendent of Water up to the point where the consumer's water system begins.

C.  The source shall include all components of the facilities utilized in the production, treatment, storage, and delivery of water to the public water supply distribution system.

D.  The public water supply distribution system shall include the network of conduits used to deliver water from the source to the consumer's water system.

E.  The consumer's water system shall include all parts of the facilities beyond the service connection used to convey water from the public water supply distribution system to points of use.

Sec. 4.  Cross-Connection Prohibited

A.  Connections between potable water systems and other systems or equipment containing water or other substances of unknown or questionable quality are prohibited except when and where approved cross-connection control devices or methods are installed, tested and maintained to insure proper operation on a continuing basis.

B. No physical connection shall be permitted between the potable portion of a supply and any other water supply not of equal or better bacteriological and chemical quality as determined by inspection and analysis by the Agency.

C.  There shall be no arrangement or connection by which  an unsafe substance may enter a supply.

Sec. 5.  Survey and Investigations

A.  The consumer's premises shall be open at all reasonable times to the approved cross-connection control device inspector for the inspection of the presence or absence of cross connections within the consumer's premises, and testing, repair and maintenance of cross-connection control devices within the consumer's premises.

B.  On request by the Superintendent of Water, or his authorized representative, the consumer shall furnish information regarding the piping system or systems or water use within the customer's premises.  The consumer's premises shall be open at all reasonable times to the Superintendent of Water for the verification of information submitted by the inspection consumer to the public water supply custodian regarding cross-connection inspection results.

C.  It shall be the responsibility of the water consumer to arrange periodic surveys of water use practices on his premises to determine whether there are actual or potential cross-connections to his water system through which contaminants or pollutants could backflow into his or the public potable water system.  All cross-connection control or other plumbing inspections must be conducted in accordance with Ill. Rev. Stat. 1987, ch. 111, par. 1103(1).

D.  It is the responsibility of the water consumer to prevent backflow into the public water system by ensuring that:

1. All cross-connections are removed; or approved cross-connection control devices are installed for control of backflow and back-siphonage.

2. Cross-connection control devices shall be installed in accordance with the manufacturer's instructions.

3. Cross-connection control devices shall be inspected at the time of installation and at least annually by a person approved by the Agency as a cross-connection control device inspector (CCCDI). The inspection of mechanical devices shall include physical testing in accordance with the manufacturer's instructions.

4. Testing and Records

   1. Each device shall be tested at the time of installation and at least annually or more frequently if recommended by the manufacturer.

   2. Records submitted to the community public water supply shall be available for inspection by Agency personnel in accordance with Ill. Rev. Stat. 1987, ch. 111 1/2, par. 1004(e).

   3. Each device shall have a tag attached listing the date of most recent test, name of CCCDI, and type and date of repairs.

   4. A maintenance log shall be maintained and include:

      1. Date of each test

      2. Name and approval number of person performing the test

      3. Test results

      4. Repairs or servicing required

      5. Repairs and date completed

      6. Serving performed and dated completed

Sec. 6.  Where Protection is Required

A.  An approved backflow device shall be installed on all connections to the pubic water supply as described in the Plumbing Code, 77 Ill. Adm. Code 890 and the Agency's regulations 35 Ill. Adm. Code 680.  In addition, an approved backflow prevention device shall be installed on each service line to a consumer's water system serving premises, where in the judgement of the Superintendent of Water, actual or potential hazards to the public water supply system exist.

B.  An approved backflow prevention device shall be installed on each service line to a consumer's water system serving premises where the following conditions exist:  

1. Premises having an auxiliary water supply, unless such auxiliary supply is accepted as an additional source is approved by the Illinois Environmental Protection Agency.

2. Premises on which any substance is handled which can create an actual premises having sources or systems containing process fluids or waters originating from the public water supply system which are no longer under the sanitary control of the Superintendent of Water.

3. Premises having internal cross-connections that, in the judgement of the Superintendent of Water and/or the Cross-Connection Control Device Inspector, are not correctable or intricate plumbing arrangements which make it impractical to determine whether or not cross-connections exist.

4. Premises where, because of security requirements or other prohibitions or restrictions, it is impossible or impractical to make a complete cross-connection survey.

5. Premises having a repeated history of cross-connections being established or re-established.

C.  An approved backflow device shall be installed on all connections to the public water supply as described in the Plumbing Code, 77 Ill. Adm. Code 890 and the Agency's regulations 35 Ill. Adm. Code 653.  In addition, an approved backflow prevention device shall be installed on each service line to a consumer's water system serving, but not necessarily limited to, the following types  of facilities unless the Superintendent of Water determines that no actual or potential hazard to the public water supply system exists:

1. Hospitals, mortuaries, clinics, nursing homes.

2. Laboratories.

3. Piers, docks, waterfront facilities.

4. Sewage treatment plants, sewage pumping stations or storm water pumping stations.

5. Food or beverage processing plants.

6. Chemical plants.

7. Metal plating industries.

8. Petroleum processing or storage plants.

9. Radioactive material processing plants or nuclear reactors.

10. Car washes.

11. Pesticide, or herbicide or extermination plants and trucks.

12. Farm service and fertilizer plants and trucks.

Sec. 7.  Type of Protection Required
A.  The type of protection required under Sections 6.1, 6.2 and 6.3 of these regulations shall depend on the degree of hazard which exists as follows:

1. An approved fixed proper air gap separation shall be installed where the public water supply system may be contaminated with substances that could cause a severe health hazard.

2. An approved fixed proper air gap separation or an approved reduced pressure principle backflow prevention assembly shall be installed where the public water supply system may be contaminated with a substance that could cause a system or health hazard.

3. An approved fixed proper air gap separation or an approved reduced pressure principle backflow prevention assembly or double check valve assembly shall be installed where the public water supply system may be polluted with substances that could cause a pollution hazard not dangerous to health.

B.  The type of protection required under Section 6.4, and 6.5 of these regulations shall be an approved fixed proper air gap separation or and approved reduced pressure principle backflow prevention.

C.  Where a public water supply or an auxiliary water supply is used for a fixed protection system, reduced pressure principle backflow preventers shall be installed on fire safety systems connected to the public water supply when:

1. The fire safety system contains antifreeze, fire retardant or other chemicals;

2. water is pumped into the system from another source

3. water flows by gravity from a non-potable source; or water can be pumped into the fire safety system from any other source

4. there is a connection whereby another source can be introduced into the fire safety system.

D.  All other fire safety systems connected to the potable water supply shall be protected by a double check valve assembly on metered service lines and a double detector check valve assembly on unmetered service lines.

Sec. 8.  Backflow Prevention Devices

A. All backflow prevention devices or methods required by these rules and regulations shall be approved by the Re-search Foundation for Cross-Connection Control of the University of Southern California, American Water Work Association, American Society of Sanitary Engineering, or American National Standards Institute or certified by the National Standards Institute or certified by the National Sanitation Foundation to be in compliance with applicable industry specification.

B. Installation of approved devices shall be made in accordance with the manufacturer's instructions.  Maintenance as recommended by the manufacturer of the device shall be performed.  Manufacturer's maintenance manual shall be available on site.

Sec 9.  Inpection and Maintenance

A. It shall be the duty of the consumer at any premises on which backflow prevention devices required by these regulations are installed to have inspection, tests, maintenance and repair made in accordance with the following schedule or more often where inspections indicate a need or are specified in manufacturer's instructions.

1. Fixed proper air gap separations shall be inspected to document that a proper vertical distance is maintained between the discharge point of the service line and the flood level rim of the receptacle at the time of installation and at least annually thereafter. Corrections to improper or by passed air gaps shall be made within 24 hours.

2. Double check valve assemblies shall be inspected and tested at time of installation and at least annually thereafter, and required service performed within five (5) days.

3. Reduced pressure principle backflow prevention assemblies shall be tested at the time of installation and at least annually or more frequently if recommended by the manufacturer, and required service performed within five (5) days.

B. Testing shall be performed by a person who has been approved by the Agency as competent to service the device.  Proof of approval shall be in writing.

C.  Each device shall have a tag attached listing the date of most recent test or visual inspection, name of tester, and type and date of repairs.

D.  A maintenance log shall be maintained and include:

1. date of each test or visual inspection

2. name and approval number of person performing the test or visual inspection

3. test results

4. repairs or servicing required

5. repairs and date completed

6. servicing performed and date completed

E.  Whenever backflow prevention devices required by these regulations are found to be defective, they shall be repaired or replaced at the expense of the consumer without delay a required by Section 9A.

F.  Backflow prevention devices shall not be bypassed, made inoperative, removed or otherwise made ineffective without specific authorization by the Superintendent of Water.

Sec. 10.  Booster Pumps

A.  Where a booster pump has bee installed on the service line to or within any premises, such pump shall be equipped   with a low pressure cut-off device designed to shut-off the booster pump when the pressure in the service line on the suction side of the pump drops to 20 psi or less.

B. It shall be the duty of the water consumer to maintain the low pressure cut-off device in proper working order and to certify to the Superintendent of Water, at least once a year, that the device is operable.

Sec. 11.  Violations

A.  The Superintendent of Water shall deny or discontinue, after reasonable notice to the occupants thereof, the water service to any premises wherein any backflow prevention device required by these regulations is not installed, tested, maintained and repaired in a manner acceptable to the Superintendent of Water, or if it is found that the backflow prevention device has bee removed or bypassed, or if an unprotected cross-connection exists on the premises, or if a low pressure cut-off required by these regulations is not installed and maintained in working order.

B.  Water service to such premises shall not be restored until the consumer has corrected or eliminated such conditions or defects in conformance with these regulations and to the satisfaction of the Superintendent of Water, and the  required reconnection fee is paid.

C.  Water service to such premises shall not be restored until the consumer has corrected or eliminated such conditions or defects on conformance with these Regulations and to the satisfaction of the Superintendent of Utilities/ Operations.

D.  Neither the Pearl City Public Water & Sewer Supply, the Superintendent of Water, or its agents or assigns shall be liable to any customers of the Pearl City Public Water & Sewer Supply for any injury, damages or lost revenues which may result from termination of said customer's water supply in accordance with the terms of this ordinance, whether or not said termination of the water supply was with or without notice.

E.  The consumer responsible for back-siphoned material or contamination through backflow, if contamination of the potable water supply system occurs through a illegal cross-connection or an improperly installed, maintained or repaired device, or a device which has been bypassed, must bear the cost of clean-up of the potable water supply system.

F.  Any person found to be violating any provision of this Article shall be served with written notice stating the notice of the violation and providing a reasonable time limit for the satisfactory correction thereof.  The offender shall, within the period of time stated in such notice, permanently cease all violation. 

G.  Any person violating any of the provisions of this Article in addition to the fine provided, shall become liable to  the Village for any expense, loss or damage occasioned by the Village by reason of such violation, whether the same was caused before or after notice.

Sec. 12.  Cross Connections

A.  That all plumbing installed within the Village of Pearl City, shall be installed in accordance with the Illinois Plumbing Code, 77 Ill. Adm. Code 890.  That, if in accordance with the Illinois Plumbing Code or in the judgement of the Superintendent of Water, an approved backflow prevention device in necessary for the safety of the public water supply system, the Superintendent of Water will give notice to the water customer to install such an approved device immediately.  The water customer shall, at his own expense, install such an approved device at a location and in a manner in accordance with the Illinois Plumbing Code, Illinois Environmental Protection Agency and all applicable local regulations, and shall have inspections and tests made of such approved devices upon installation and as required by the Illinois Plumbing Code, Illinois Environmental Protection Agency and local regulations.

B.  That it shall be the duty of the Superintendent of Water to cause surveys and investigations to be made of industrial and other properties served by the public water supply to determine whether actual or potential hazards to the public water supply may exist.  Such surveys and investigations shall be made a matter of public record and shall be repeated at least every two years, or as often as the Superintendent of Water shall deem necessary.  Records of such surveys shall be maintained and available for review for a period of at least five years.

C.  That the approved cross-connection control device inspector shall have the right to enter at any reasonable time any property served by a connection to the public water supply or distribution system of the Village of Pearl City for the purpose of verifying the presence or absence of cross-connections, and that the Water Superintendent or his authorized agent shall have the right to enter at any reasonable time any property served by a connection to the public water supply or distribution system of the Village of Pearl City for the purpose of verifying information submitted by the owner, lessees or occupants of any property so served shall furnish to the Superintendent of Water any information which he may request regarding the piping system or systems or water use on such property.  The refusal of such information, when demanded, shall, within the discretion of the Superintendent of Water, be deemed evidence of the presence of improper connections as provided in this article.
 
D.  That the Superintendent of Water of the Village of Pearl  City, Illinois, is hereby authorized and directed to discontinue, after reasonable notice to the occupancy thereof, the water service to any property wherein any connection in violation of the provisions of this article is known to exist, and to take such other precautionary measures as he may deem necessary to eliminate any danger of contamination of the public water supply distribution mains.  Water service to such property shall not be restored until such conditions have been eliminated or corrected in compliance with the provisions of this article and until a reconnection fee of $10.00 is paid to the Village of Pearl City, Illinois.  Immediate disconnection with verbal notice can be effected when the Superintendent of Water is assured that imminent danger of harmful contamination of the public water supply  system exists.  Such action shall be followed by written notice to any party can be effected to prevent actual or anticipated contamination or pollution of the public water supply, provided that, in the reasonable opinion of the Superintendent of Water or the Illinois Environmental Protection Agency, such action is required to prevent actual or potential contamination or pollution of the public water supply.  Neither the Public Water Supply, The Superintendent of Water, or it agents or assigns shall be liable to any customer for any injury, damages or lost revenues which may result from termination of said customer's water supply in accordance with the terms of the Article, whether or not said termination was with or without notice.

E.  That the consumer responsible for back siphoned or back pressured material or contamination through backflow, if contamination of the potable water supply system occurs through an illegal cross-connection or an improperly installed, maintained or repaired device, or a device which has been bypassed, must bear the cost of clean-up of the potable water supply system.

Article 1 – Emergency Water Use

Section 1.01    Natural disasters, conflagrations, or major accidents
In all emergency situations the protection of human lives and property will have the highest priority.

Section 1.02    Shutoffs
All mains and curb stops in the affected area not needed for emergency service will be shut off by water utility personnel during rescue operations and prior to cleanup activities.

Section 1.03    Salvage
The intention is to reduce incidental damage during cleanup operations

Section 1.04    Chlorination
Increased chlorination is an additional factor of safety to assure a safe supply of water.  Portable chlorination units may be transported to the impacted area and used for this purpose.

Section 1.05    Boiling of Water
In the event the safety or integrity of potable water service is compromised by line breaks or equipment malfunctions, citizens will be advised to boil their water used for potable purposes.  Public notice of this recommended action, together with boiling instruction will be given.  Police and other municipal employees and equipment may be employed in making announcements in the affected area, posting of public notices and issuing news releases.

Article 2 – Chronic Shortage Conditions

Section 2.01    Chronic Shortages
Procedures described in this article are for circumstances related to the development of chronic shortage situations, such as seasonal water shortages, pressure drops, or increased consumption.

Section 2.02    Declaration
The declaration of a chronic shortage situation will be issued by the village president, explaining the situation, the expected duration (if such is reasonably possible), the sequential actions which will take place and the penalties for violations.  The actions will remain in affect until rescinded.

Section 2.03    Lawn and Garden Watering
Watering of lawns and gardens initially will be restricted to between 20:00 and 08:00.  Occupants with even numbered residences or other structures will be permitted to water lawns and gardens on even numbered days, and occupants of odd numbered residences and other structures, on odd numbered days.  By proclamation of the Village President, following the issuance of the initial declaration, all lawn and garden watering may be prohibited if conditions warrant.

Section 2.04    Swimming Pools
The refilling of swimming pools will be prohibited until further notice.

Section 2.05    Municipal Conservation Programs
All municipal departments will be enjoined to restrict activities calling for heavy water consumption.  Including in this category are the testing and clearing of fire hydrants, the cleaning of water mains, the conduct of fire drills, street washing, sewer flushing, and the watering of public areas.

Section 2.06    Publicity
The declaration of chronic shortage situation will be preceded and followed by a wide based public relations program stating the enactment.

Article 3 – Administration and Enforcement

Section 3.01    Administration
The administration of this ordinance shall be the responsibility of the water department.

Section 3.02    Variances
Variances from the regulatory standards of this ordinance may be granted in accordance with the noted below.  No variance shall be granted unless the applicant for the variance can demonstrate that:
a)    an exceptional economic or other hardship would result without the variance;
b)    the relief granted is the minimum necessary;
c)    there will be no additional threat to public health, welfare or safety or the creation of a nuisance; and
d)    no additional public expense will result.

Section 3.03    Interpretation
In the interpretation and application of this ordinance, the provisions expressed herein shall be held to be the minimum requirements and shall be liberally construed in favor of the Village of Pearl City and shall not be deemed a limitation or repeal of any other powers granted by State statutes.

Section 3.04    Judicial Appeals
Any party shall have the right to appeal decisions of the Village of Pearl City pertaining to this ordinance before the Circuit Court of Stephenson County.

Section 3.05    Seperability
If any section, clause, provision, or portion, of this ordinance is ruled unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby.

Section 3.06    Penalties for Violation
Violation of the provisions of this ordinance or failure to comply with any of it’s requirements, including conditions and safeguards established in connection with variances or special use permits shall constitute a misdemeanor.  Any person who violates this ordinance, or who fails to comply with any of its requirements, shall upon conviction thereof be fined not more than 50 dollars, and in addition, shall pay all costs and expenses involved in the case.  Each day such violation continues shall be considered a separate offense.

Section 3.07    Corrective Action
Nothing herein contained shall prevent the Village of Pearl City from taking such other lawful action as is necessary to prevent or remedy any violation.  All such costs connected therewith shall accrue to the person or persons responsible.

Section 3.08    Effective Date
This ordinance shall be in full force and effect form and after its passage, approval and publication, as approved by law.

Article I – General

Section 1.01    General:
A person shall not kindle or maintain or authorize to be kindled or maintain any open burning unless conducted and approved in accordance with this section.

Section 1.02    Location:
The location for open burning shall not be less than 50 feet from any structure.

Section 1.03    Bonfires:
Bonfires shall not be conducted within 25 feet (7620 mm) of a structure or combustible material unless contained in a barbecue pit.  Conditions which could cause a fire to spread to within 25 feet (7620 mm) of a structure shall be eliminated prior to ignition.

Section 1.04    Recreational Fires:
Recreational fires shall not be conducted within 25 feet (7620 mm) of a structure or combustible material unless contained in a barbeque pit.  Conditions which could cause a fire to spread within 25 feet (7620 mm) of a structure shall be eliminated prior to ignition.

Section 1.05    Attendance:
Open Burning, Bonfires, or Recreational fires shall be constantly attended until the fire is extinguished.  A minimum of one portable fire extinguisher with a rating of 4-A or other fire extinguishing equipment such as dirt, sand, water barrel, garden hose, or water truck, shall be available for immediate utilization.

Section 1.06    Burning of Rubbish or trash:
Burning of rubbish or trash is strictly prohibited in the Village of Pearl City. Rubbish shall include paper products, garbage, or waste material from construction, demolition, or renovation of buildings.

Article 2 – Leaf Burning

Section 2.01    Leaf Burning:

A)    Burning of leaves shall not be conducted within twenty five (25’) of any structure or other combustible material.

B)     A garden hose or a bucket of water shall be readily available for use at the burning site.

C)    Burning of leaves shall be constantly attended by a competent person until the fire is completely extinguished.   

D)    No person shall kindle, maintain or cause to be kindled or maintained, any fire on Village right-of-way, street, avenue, alley, drainage ditch, easement, or park.
     
E)   Leaves will be picked up from the street beginning October 1 thru the day before Thanksgiving.  Residents may place leaves in the street at this time.  No leaves will be picked up after said date.
      
Section 2.02    Declaration
The Village President or his agent may prohibit burning or leaves when atmospheric conditions or local circumstances makes such fires hazardous.

Article 3 – Bonfires

Section 3.01    Location restricted
No person shall kindle or maintain any bonfire or rubbish fire or authorize any such fire to be kindled or maintained on any private land unless:
A)    The location is not less than fifty feet (50’) from any structure and adequate provision is made to prevent fire from spreading to within fifty feet (50’) of any structure or building.
B)    Such fires are attended.

Section 3.02    Declaration
The Village President or his agent may prohibit any or all bonfires when atmospheric conditions or local circumstances make such fires hazardous.

Section 3.03    Kindling of Fire on Land of Others
No person shall kindle a fire upon the land of another without permission of the owner thereof or his agent. (M.C. 1962, sec. 28.013)

Article 4 – Burn Barrels

Section 4.01    Open Burning:
Open burning of garbage is prohibited in Illinois.  Burning of household waste, trade waste, used furniture, appliances or automobile parts is not permitted within the Village of Pearl City village limits.

Section 4.02    Definition:
Household waste is defined as waste generated from single home, including landscape waste, garbage (food waste, food or plastic packaging and diapers), trade waste (construction debris, roofing materials), used furniture, appliances or automobile parts.

Article 5 – Permits

Section 5.01    Permit Application:
Any person, business or municipality may conduct open burning, only upon     obtaining, after application, a permit, as required, from the Village of Pearl     City, and in accordance with the International Fire Code 2000 Edition, and     upon issuance of a permit, as required, by the appropriate City Code     Enforcement Official.  The lawful burning of leaves, in accordance with the     provisions of Article 2, shall not be prohibited by this paragraph.

                   Article 6 - Offensive Smoke

Section 6.01  Village Policy

It is the policy of the Village of Pearl City to:
    a)    Prohibit the burning of garbage, plastics, litter, refuse, and trash.
    b)    Permit the continued burning of dried landscape waste and small quantaties of construction wood scrap during daylight hours in a reasonable, prudent manner that is not offensive to the neighbors.
    c)    Permit the use of wood stoves, fireplaces, wood heaters, outdoor wood furnaces, and like combustion chambers; provided such combustion chambers are installed, maintained, and operated in accordance with manufacturer's recommendations and do not produce offensive or annoying smoke or odors that migrate across across property lines.
    d)    Pemit the use of outdoor wood heaters and furnaces, provided;
        1)    They are installed, maintained, and operated in accordance with manufacturer's recommendations and the Hearth, Patio, and Barbque Assocations (HPBA) "Best burn practices".
        2)    The chimney of such outdoor heater and or furnace extends to a height of two feet above the highest point of the roofs of the surrounding buildings.
        3)    Such outdoor heaters or furnaces must be at least fity (50) feet away from any neighboring buildings.
        4)    Requires that wood piles be neatly stacked.

Section 6.02  Offensive Burning prohibited:

The intentional burning of any combustible material, by any manner of means, is prohibited where such burning emits offensive, annoying, unpleasant, or obnoxious smoke or ash sa as to constitute and interference with, or an obstruction of, any person's reasonable and comfortable use and enjoyment of his property within the village limits.

Article 7 – Enforcement

Section 6.01    Penalties for Violation
Violation of the provisions of this ordinance or failure to comply with any of it’s requirements, including conditions and safeguards established in connection with variances or special use permits shall constitute a misdemeanor.  Any person who violates this ordinance, or who fails to comply with any of its requirements, shall upon conviction thereof be fined not more than _________ dollars or imprisoned for not more than ________ days, or both, and in addition, shall pay all costs and expenses involved in the case.  Each day such violation continues shall be considered a separate offense.

Section 6.02    Corrective Action
Nothing herein contained shall prevent the Village of Pearl City from taking such other lawful action as is necessary to prevent or remedy any violation.  All such costs connected therewith shall accrue to the person or persons responsible.

Section 6.03    Effective Date
This ordinance shall be in full force and effect form and after its passage, approval and publication, as approved by law.