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HomeMy WebLinkAboutOrd 2648 07/20/1976 ORDINANCE NO. 2648 AN ORDINANCE AMENDING SECTION 23.111 AND SECTION 2.3. Tl2 OF THE MUNICIPAL CODE WHEREAS, all of the citizens of the Village of Mount Prospect utilize potable water provided from wells located within the corporate limits of the Village of Mount Prospect or its immediate vicinity; and WHEREAS, the artesian level of the aforesaid wells has dropped and continues to drop, thereby diminishing the yield of water from the said wells; and WHEREAS, the corporate authorities of the Village of Mount Prospect have caused " studies to be made and have made a determination that the diminishing water supply to the citizenry of the Village of Mount Prospect has reached a critical phase, potentially hazardous to the health and safety of the residents of the Village of Mount Prospect; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect believe that it is in the best interests of the Village of Mount Prospect to impose certain restrictions upon the use of the potable water supply found within the corporate limits of the Village of Mount Prospect and its environs; l I I I NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEE$ OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: i I 1 , " SECTION ONE: That, pursuant to the authority vested in the President and Board of Trustees of the Village of Mount Prospect under Article VII of the 1970 Constitution of the State of Illinois, Section 23. 1U- and Section 23. 112 of the Municipal Code of Mount Prospect of 1957, as amended, be and the same is hereby further amended in its entirety; so that hereafter the said Sections 23. 111 and 23.112 shall be and read as follows: 11 SECTION 23..J 11. Restriction on Use of Water. A. It shall be unlawful for any person, firm, or corporation, at any time, without proper authority, to take any water from any fire hydrant. B. It shall be unlawful for any person, firm, or corporation to use or any owner to allow the use of any water, whether drawn directly or in- directly from public wells and/or public water supply distribution sys- tems for the purpose of watering and/or sprinkling lawns and/or gar- dens or for the purpose of filling and/or refilling swimming pools-- except as provided hereinbelow: 1. All such watering and/or sprinkling shall be accomplished only between the hours of 12: 01 o'clock a.m. to 10: 00 o'clock a.m. and 4: 00 o'clock p.m. to 12 Midnight on Tuesday, Thursday, Saturday, and Sunday. 2. Newly sodded areas of lawns may be watered at any time on any day . for the two week period following the installation of such sod. C. In case of mechanical failure of any of the wells providing water for the Village or in case of a water shortage, the Village Manager, upon de- claring an emergency exists, is hereby authorized to impose immediate restrictions upon the use of water for the purpose of watering and/or sprinkling lawns and/or gardens or for the purpose of filling and/or re- filling swimming pools. D. It shall be the duty of the following officials of the Village of Mount Prospect to issue CITATIONS to any persons who violate the provisions of this Section: Police Department; Fire Prevention Bureau including the Chief and Deputy Chief of that Bureau; Department of Building and Zoning; and the Director of Public Works and his Administrative Assistants. 1. Said CITATION may be delivered to the violator personally or may be delivered to a member of the violator's household of the age of ten (0) years or upwards, or may be affixed to the main entrance to any building located upon the premises where the violation occurred. 2. Nothing in this subsection shall be construed to abridge the power of a Police Officer to arrest any violator and take him into custody. E. Penalty. I. Notwithstanding the provisions of Section 23 .11.20f this Chapter, and notwithstanding the power of a Police Officer to arrest any violator and take him into custody, whenever a Village official designated under subsection D hereinabove, is authorized to issue a CITATION because of a violation of this Section, said official may, in lieu of filing a Complaint in court in the first instance, issue to alleged violator a CITATION: a. Advising said person that he has violated a specified subsection herein. b. Requesting him to make payment in an amount applicable to said alleged violation as set forth in paragraph 5 of this subsection E settlement of said violation claim; and c. Informing him that upon failure to so settle, a Complaint will be filed in the Circuit Court of Cook County, charging him with such violation. 2. Pursuant to said CITATION, the person so accused of said violation may settle and compromise the violation claim in respect to such Section violation by paying to the Village the applicable amount as shown in paragraph 5 of this subsection E, within a period to be specified in said CITATION -- not more than seven (7) days of the time alleged offense was committed. Such payment shall be made in accordance with the instructions contained in the aforesaid CITATION, at the Office of the Finance Department of the Village of Mount Prospect, which shall issue a -2- receipt for the money so received and promptly remit said amount to the Village Treasurer to be credited to the proper municipal fund. 3. In the event that the person to whom said CITATION is issued fails to settle and pay said violation claim within the prescribed time, or within a period of time specified in a Final Notice (if one is served upon him) then such designated official is authorized to cause a Notice to Appear to be served upon said alleged violator and is authorized to file a Complaint and to prosecute the same in the Circuit Court of Cook County. 4. The fact that the water meter through which the water flows is reg- istered with the Village Treasurer-Collector in the name of said alleged violator for billing purposes, shall be considered prima facie that said alleged violator allowed the use of such water at the time of such alleged violation. 5. The violation claim described in said CITATION so to be issued pursuant to the terms of this Section may be settled, compromised and paid in the respective amounts set forth in the following schedule: a. In the event that said payment is made prior to the mailing by the municipality or by the Official of a Final Notice, the follow- following amounts shall be accepted as settlement: Improper taking of water from any fire hyrant Watering and/or sprinkling during prohibited hours Watering and/or sprinkling during prohibited hours upon declaration of a emergency $5.00 $5.00 $5.00 b. In the event that payment has not been paid prior to the mailing of such Final Notice, and in fact, Final Notice has been mailed, the following amounts shall be accepted as settlement: ImprGper taking of water from any fire hydrant Watering and/or sprinkling during prohibited hours Watering and/or sprinkling during prohibited hours upon declaration of an emergency $8.00 $8.00 $8.00 c. In the event that payment is not made within the time pre- scribed in the Final Notice, and a Notice to Appear has been served and a Complaint filed in the Circuit Court of Cook County, payment of any fine and costs shall be in such amounts as may be determined and established by the Circuit Court of Cook County pursuant to Section 2.3 . l' 2 of this Article. F. For the purpose of this Section, whenever the following words and phrases are used they shall have the meanings and definitions respec- tively ascribed to them in this subsection. I. Public Well is a hole or shaft sunk into the earth in order to obtain and develop water from a subterranean supply, bring it to the -3- 2. surface, and make it available for use by the people, through I transmission mains where the rates charged for such water develop-I ment are controlled by an agency of the State of Illinois or any I political subdivision thereof. I I I The act of sprinkling is the scattering of water in drops or particles I through a system of pipes and attached garden hoses or nozzles i used for watering a lawn, garden, golf course, or any vegatation. G. If any part or parts of this Section shall be held to be unconstitutional, such unconstitutionality shall not affect the validity of the remaining parts of this Section. The Board of Trustees hereby declares that it would have passed the remaining parts of this Section if it had known that such part or parts thereof would be declared unconstitutional. SECTION 23.112 Penalty. Notwithstanding the provisions of Section 23.111 of this Article, whenever a Police Officer arrests a person because of a violation of Section 2"3.T11 of this Article, every person, firm, or corporation convicted of a misdemeanor for a violation of any of the provisions of this Article shall for first conviction thereof be punished by a fine of not less than Twenty-five Dollars ($25) nor more than Five Hundred Dollars ($500). APPROVED this 20th July I I I I ! i I I I I I ! I I I ! I ! I I I i I I - :/ /7 /"7 i ~...J' _ ~.. / /' ~ /' /<.. '/ ' /" / ~/,~~. -:: C I ,,,,",,,.~-i,c.~ 'c.._'" '" , 1976. SECTION TWO: That the Village Clerk be and is hereby directed to publish the foregoing Ordinance in pamphlet form, pursuant to, the statutes of the State of Illinois made and provided. SECTION THREE: That this Ordinance shall be in full force and effect as of 12: 01 o'clock a.m. August 1, 1976, and after its passage, approval, and publication in the manner provided by law. AYES: 6 NAYS: o PASSED this 20th day of July day of , 1976. APPROVED: ATTEST: Village President ~ Vd-~~- Village Clerk - -4-