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HomeMy WebLinkAboutOrdinances - MC-19-1186 - 02/18/2019 - Code Amendment Reference to Specific Gender within the City CodeCITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS ORDINANCE NUMBER MC-19-1186 An Ordinance amending References to Specific Gender within the City of McHenry's Municipal Code Adopted by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois February 18, 2019 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois this 18th day of February 2019. ORDINANCE NO. N L- I S- I 1� 6 An Ordinance Amending References to Specific Gender Within the City of McHenry's Municipal Code WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF McHENRY, McHenry County, Illinois, as follows: SECTION 1: The title page shall be amended in its entirety and replaced with the following: Wayne Jett, Mayor Officials of the City of McHenry, Illinois Council Members Victor A. Santi, Ward 1 Andrew A. Glab, Ward 2 Jeffrey A. Schaeffer, Ward 3 Scott L. Curry, Ward 4 Chad Mihevc, Ward 5 Patrick Devine, Ward 6 Geri A. Condon, Ward 7 Debra Meadows Deputy City Clerk Derik Morefield, City Administrator SECTION 2: The Table of Contents, under Chapter 2, Administration, shall be amended as follows: Art. V. [Reserved] SECTION 3: The following chapters of the City's Code shall be amended as follows: Code Amendments, Gender References, Page 1 City Council, Council or Council Member. Whenever the words "Council"; -or "City Council" or _`Council Member" are used, the provisions containinp, these words shall apply to *r, y sha be construed to Paean the City Council of the City of McHenry, so far as those provisions are applicable to them. Sec. 1-9. Records of amendments. Whenever an ordinance which amends or makes an addition, correction or deletion to the Code is passed and approved the Clerk she -shall include the City ordinance number for reference in the text of this Code. The amended page of the Code shall be replaced with the revised page }gager -and the original page shall be retained for future reference. Code Amendments, Gender References, Page 2 Chapter 2, Administration Sec. 2-18. Election, term. The Mayor mayershall be elected for a four-year term and shall serve until a his successor is elected and qualified as is provided by statute. See.2-19. Bond. Before entering upon the duties of the his -office, the Mayor shall execute a bond in such amount and with such sureties as may be required by the Council, conditioned by faithful performance of the duties of the his -office, provided the amount of such bond shall not be less than the amount specified by statute. Sec. 2-20. General administrative duties. The Mayor shall be the chief executive of the City, shall preside over the meetings of the Council, and shall perform such duties as may be required of the Mayor him ---by statute or ordinance. The Mayor He -shall have supervision over all of the executive officers and employees of the City, and shall have the power and authority to inspect all books and records pertaining to City affairs and kept by an officer and employee of the City at any reasonable time. Sec. 2-23. Ceremonial duties. The Mayor shall act for and on behalf of the City on formal occasions and receptions; but in the May o'shis-absence or inability to attend any such function the Council may select any other City officer to so act. Sec. 2-24. Mayor pro tem. During a temporary absence or disability of the Mayor, the City Council shall elect one of its members ntimber-to act as Mayor pro tem, and during such absence or disability said person die -shall possess the powers of Mayor, as is provided by statute. Secs. 2-26. Duty to turn over monies received. Every officer or employee, other than the City Treasurer and City Clerk, shall at least once one each day turn over all monies received by them hire -in their hi -sr official capacity to the Finance Director with statements showing the source from which the same was received. See.2-37.1. Compensation. Effective May 1, 2015, each Council MemberAidet-man shall be compensated the sum of $350.00 per month, payable monthly, inclusive of attendance at all regular and special meetings of the City Council, City Council Committee of the Whole meetings, as well as for attendance at any committee to which they have been formally appointed. Sec. 2-40. Special meetings. Special meetings of the Council may be called by the Mayor or three Council Members ^' e provided that a written notice of such meeting shall be delivered to each •„ember of * Council Member at least 24 hours before the time set for the meeting or mailed to each ,,,o,rbeF oft___ Code Amendments, Gender References, Page 3 Council Member at least 72 hours before the time set for the meeting. Provided, further, that in case all the ma., bei-s of*',^ Council Members are present at any special meeting then the requirement of notice shall be unnecessary and shall be deemed waived. Provided, further, that if the call of any special meeting is announced at any regular or special meeting of the Council, written notice thereof shall be given in the above manner only to such nienibei-sof e Council Members who are absent from the meeting at which such call was made. Sec. 2-41. Meetings to be public. 1. Individuals wishing to be heard shall be recognized by the Mayor, or Chairperson chair nail of the Subcommittee, during the public comment portion of each meeting which will generally be held as one of the initial items of business on the agenda but may be moved to a different point on the agenda for that meeting. Further public comment will not be allowed during specific meeting agenda items unless allowed by the Mayor or Chairperson ^cliairi:nan of the Subcommittee. 2. Public comment may be restricted to no more than three minutes for each individual speaker. The Mayor or Chairperson Chairman of the Subcommittee may permit additional comment in their his or -her discretion taking into account the number of persons wishing to be heard on a matter and the amount of business requiring attention. 5. Order and decorum shall be maintained at public meetings. This includes prohibiting outbursts from the public or other behavior that is threatening, disorderly or disruptive to the public business. The Mayor or Chairperson ehairnian of the Subcommittee may eject from a public meeting any person who, in the sole opinion of the Mayor or Chairperson, eair-r .an, disrupts the order and decorum of the meeting or otherwise violates the rules of this Section. Sec. 2-44. Special committees. The Mayor shall appoint such special committees or commissions as the Mayor may deem necessary or as may be directed by the Council. Sec. 2-45. Membership in committees; chairpersons The Mayor shall appoint the members of all standing and special committees, in the absence of specific direction by the Council, and shall designate the Chairperson C awthereof. Every committee of the Council shall consist of three members, include the Chairperson, Ghai;=m ati; unless the City Council shall provide otherwise. Sec. 2-48.1. Council vote. The vote of the City Council upon any question shall be taken and entered in the minute book. Every Council Member nenibe► who shall be present when a question is stated from the Chairperson ehair- shall vote thereon unless precluded from doing so by a conflict of interest, in which case the member shall request the Clerk to record them him -as "Not Voting." Except in the case where a member has been recorded as "Not Voting" for reasons of conflict of interest, the failure of a member to vote Code Amendments, Gender References, Page 4 either "Yea" or "Nay" shall be interpreted to have the same legal effect as the vote cast by those members of the majority who did vote "Yea" or "Nay" on the question involved. Sec. 2-55. Code of Ethics C. Definitions: For purposes of this Section, the following terms shall be given these definitions: "Compensated Time" means, with respect to an Employee, any time worked by or credited to the Employee that counts toward any minimum work time requirement imposed as a condition of their his or heremployment, but for purposes of this Section, does not include any designated holidays, vacation periods, personal time, compensatory time off or any period when the Employee is on a Leave of Absence. With respect to Officers or Employees whose hours are not fixed, "compensated time" includes any period of time when the Officer or Employee is on premises under the control of the Employer and any other time when the Officer or Employee is executing their his or -her- official duties, regardless of location. "Compensatory Time Off" means authorized time off earned by or awarded to an Employee to compensate in whole or in part for time worked in excess of the minimum work time required of that Employee as a condition of their his or- heremployment. "Officer" means a person who holds, by election or appointment, an office created by statute or ordinance, regardless of whether the officer is compensated for service in their his or- he official capacity. D. Prohibited Political Activities: 3. No Officer or Employee shall be required at any time to participate in any Prohibited Political Activity in consideration for that Officer or Employee being awarded additional compensation or any benefit, whether in the form of a salary adjustment, bonus, compensatory time off, continued employment or otherwise, nor shall any Officer or Employee be awarded additional compensation or any benefit in consideration for their his of in any Prohibited Political Activity. 4. Nothing in this Section prohibits activities that are permissible for an Officer or Employee to engage in as part of their official duties, or activities that are undertaken by an Officer or Employee on a voluntary basis which are not prohibited by this Section. 5. No person either: (i) in a position that is subject to recognized merit principles of public employment; or (ii) in a position the salary for which is paid in whole or in part by federal funds and that is subject to the Federal Standards for a Merit System of Personnel Administration applicable to grant-in-aid programs, shall be denied or deprived of employment or tenue solely because they are Leis a member or an Code Amendments, Gender References, Page 5 officer of a political committee, of a political party, or of a Political Organization or club. Exceptions: Section 2-55E.1 is not applicable to the following: Anything for which the Officer or Employee, or their his oi=he,=spouse or immediate family member, pays the fair market value. Anything provided by an individual on the basis of a personal friendship unless the recipient has reason to believe that, under the circumstances, the gift was provided because of the official position or employment of the recipient or their his or- her -spouse or immediate family member and not because of the personal friendship. In determining whether a gift is provided on the basis of personal friendship, the recipient shall consider the circumstances under which the gift was offered, such as: (a) the history of the relationship between the individual giving the gift and the recipient of the gift, including any previous exchange of gifts between those individuals; (b) whether to the actual knowledge of the recipient the individual who gave the gift personally paid for the gift or sought a tax deduction or business reimbursement for the gift; and (c) whether to the actual knowledge of the recipient the individual who gave the gift also at the same time gave the same or similar gifts to other Officers or Employees, or their spouses or immediate family members. Disposition Of Gifts: An Officer or Employee, their his or- hei- spouse or an immediate family member living with the Officer or Employee, does not violate this Section if the recipient promptly takes reasonable action to return a gift from a Prohibited Source to its source or gives the gift or an amount equal to its value to an appropriate charity that is exempt from income taxation under Section 501 (c)(3) of the Internal Revenue Code of 1986, as now or hereafter amended, renumbered or succeeded. G. Ethics Commission: 6. Complaints: ii. Within three business days after the receipt of a complaint, the Commission shall send by certified mail, return receipt requested, a notice to the respondent that a complaint has been filed against them hire Or eiF and a copy of the complaint. The Commission shall send by certified mail, return receipt requested, a confirmation of the receipt of the complaint to the complainant within three business days after receipt by the Commission. The notices to the respondent and the complainant shall also advise them of the date, time, and place of the meeting to determine the sufficiency of the complaint and to establish whether probable cause exists to proceed. xi. In the event a member of the Commission is the subject of an alleged violation of this Section, such commissioner shall immediately recuse themselves himsel l'of hefsel from the investigation of such alleged violation, Code Amendments, Gender References, Page 6 and shall take no part in the final action of the Commission regarding such alleged violation. A substitute Commissioner shall be appointed pursuant to the terms of Section 2-55-G.1 above for purposes relating to this matter only. I. Distribution Of Code Of Ethics: The City Administrator shall cause a copy of this Code of Ethics to be distributed to every Officer and Employee of the City within thirty days after enactment of this Code of Ethics. Each Officer and Employee elected, appointed or engaged hereafter shall be furnished a copy before entering upon the duties of their his E)i�-her-office or employment." ARTICLE IV. OFFICERS AND EMPLOYEES DIVISION 1. GENERALLYOener-filh, Sec.2-67. Removal. Except where otherwise provided by statute, the Mayor may remove any officer appointed by the Mayor, heron any formal charge, whenever the Mayor he -is of the opinion that the interests of the City demand removal, but he shall report the reasons for removal to the City Council at a meeting to be held not less than five nor more than ten days after such removal. If the Mayor fails or refuses to report to the City Council the reasons for the removal, or if the Council by a two-thirds (2/3) vote of all of its members authorized by law to be elected, disapproves of the removal, the officer thereupon shall be restored to the office from which they were he was removed. Upon restoration, the officer shall give a new bond and take a new oath of office. No officer shall be removed a second time for the same offense. Sec.2-68. Vacancies. Any officer appointed hereunder may resign from their his -office provided that, theyhe-shall continue in office until their hi -,successor has been chosen and is qualified. If there is a failure to appoint a City officer, or a person appointed fails to qualify, the person filling the office shall continue in office until a his --successor has been chosen and is qualified. If an officer ceases to perform the duties of, or to hold the his -office by reason of death, permanent physical or mental disability, conviction of a disqualifying crime or dismissal from or abandonment of office, the Mayor may appoint a temporary successor to the office. Sec. 2-69. Oath required. Every officer of the City shall, before entering upon their his -duties, make such oaths or affirmations as shall be prescribed by the law of the State of Illinois, at the time of their his -taking such office. Sec. 2-70. Bond required. Every officer and employee shall, if required by the Council, upon entering upon the duties of their his -office, give a bond in such amount as may be determined by the Council and with such sureties as it may approve, conditioned upon the faithful performance of the duties of their his -office or position. Sec. 2-72. Duty to turn over monies received. Every officer or employee shall at least once each day turn over all monies received by them him -in their hi-s-official capacity to the Finance Director with statements showing the source from which the same was received. Code Amendments, Gender References, Page 7 Sec. 2-73. Availability of records for inspection. All records kept by any officer of the City in the course of their his -duty shall be open to inspection by the Mayor or any member of the Council at all reasonable times, whether or not such records are required to be kept by statute or ordinance. Sec. 2-74 — 2-85. Reserved. DIVISION 2. CITY CLERK Sec. 2-86. Election, term. The City Clerk shall be elected and serve for a four-year term and until a her -successor is appointed and qualified as provided by statute. Sec. 2-87. Bond. Before entering upon the duties of the City Clerk, hero lithe City Clerk shall execute a bond in such amount and with such sureties as may be required by the City Council, conditioned upon the faithful performance of the Clerk's herduties, provided that such bond shall be in an amount not less than $10,000.00. Sec. 2-90. Duty to turn over money collected; accounts. The City Clerk shall turn over all money received on behalf of the City, to the Finance Director promptly upon receipt of same, and with such money the Clerk she -shall give a statement as to the source thereof. Further, the Clerk she -shall keep complete accounts showing all monies received -by her, the source and disposition thereof, and such other accounts as may by statute or ordinance be required. Sec. 2-91. To index records, allow access. The City Clerk shall keep and maintain a proper index to all documents or records kept by the Clerk her -and shall allow ready access to such documents or records during regular business hours, to any qualified person. Sec. 2-93. Deputy Clerk. The City Clerk be=atshe is hereby authorized to appoint one Deputy Clerk from among the existing City Clerk's staff for such term as the City Clerk may, from time to time, determine, provided however, that no compensation shall be paid to the person filling the position of Deputy Clerk in excess of the compensation that is paid to such person for the staff position for which such person sl}e-was hired by the City Clerk. The City Clerk shall notify, in writing, the Mayor and City Council of any and all such appointments to the position of Deputy Clerk. See.2-100. Bond. The City Treasurer shall give bond in such sum as may be required by the City Council, with sureties to be approved by the City Council. This bond shall be conditioned upon the faithful performance of the Treasurer of the Treasurer's his duties of office and to indemnify the City of any loss due to Code Amendments, Gender References, Page 8 neglect of duty or wrongful act on the part of the Treasurer; provided that such bond shall be in an amount not less than $25,000.00. Sec. 2-101. General duties. The City Treasurer shall be under the supervision of the City Administrator and perform such duties as may be prescribed by statute or ordinance and shall receive money paid in to the City, either from the person paying it or from such other officer as may receive it on behalf of the City in addition to such monies as may be turned over to the City Treasurer hi -ram --directly by County, State or Federal agencies as by statute provided. Sec. 2-102. Deposit of funds; intermingling. The City Treasurer shall deposit the City funds in such depositories as may be selected from time to time as provided by law, and shall keep City money separate and distinct from their hi -mown, shall not intermingle City funds with their hi -mown money or make private or personal use thereof. Sec. 2-103. Records, monthly reports. The City Treasurer shall keep records showing all monies received by them, hi-ni,the source from which it was received, and the purpose for which it was paid out, and shall keep a record showing at all times the financial status of the City. The City Treasurer #shall keep such books and accounts as may be required by the City Council and in a manner as required by the City Council, and shall make monthly reports showing the state of finance together with records substantiating same. Sec. 2-105. Register of payments. The City Treasurer shall keep a register of all warrants, bonds, or orders filed with him or paid to the City Treasurer, key +4-n, and all vouchers and purchase orders, as is required by statute. Sec. 2-115. Drafting of documents. It shall be the duty of the Attorney to draft, supervise, or approve the phraseology of any contract, document or instrument to which the City may be a party; upon request of the Council the Attorney he -shall draft ordinances covering any subject within the power of the City. Sec. 2-124. Attendance at Council meetings; reports. The Finance Director shall attend all regular meetings of, and shall report to the City Council at each meeting, in relation to the his --work performed as Director of Finance. Sec. 2-130. Supervision of sewer, water systems. (a) The Director of Public Works shall be the operating head of the sewer system and water works and water distribution system of the City, and shall be responsible for the efficient management thereof. The Director 4-le-shall have the care and custody of the sewer plants and all mechanical lifts and sewage removal pipes and tiles connected therewith and shall be responsible for the care and maintenance of all the component units of the sewage system. (b) The Director of Public Works shall be the head of the water department and shall have in their his -care, custody and control, the water towers, pumping stations, hydrants, and all other Code Amendments, Gender References, Page 9 and component units of the water pumping and distribution system of the City and shall be responsible for the care and maintenance of all such components of the system. Sec. 2-131. Authority over streets, sidewalks, storm sewers, public property. The Director of Public Works shall be charged with the duty of superintending the care of the streets generally, to assist the engineer in laying out, widening and repair of streets, and to keep all streets and alleys clean and free from obstructions; the Director -he -shall be charged with the duty of supervising the maintenance and repair of all storm sewer installations and to assist in the laying out of new storm sewer installations; it shall be the Director's h-i-s-duty to maintain and repair all sidewalks in the City and to inspect same regularly as to condition; the Director he -shall supervise installation of new sidewalks and shall be responsible for securing engineering data relative to all such new installations; the Director le --shall be charged with the duty of maintaining all public property of the City and of making such repairs to said property as shall be directed from time to time by the Mayor and the City Council; the Director he -shall be the administrative official who is charged with the enforcement of the Subdivision Control and Development Ordinance. Sec. 2-132. Attendance at Council meetings; reports. The Director of Public Works shall attend all regular meetings of, and shall report to the City Council at each meeting, in relation to the his -work performed as Director of Public Works. ARTICLE V. E 4ERGF `CV SERVICES AND DIS ATE A GENCv (Reserved] [deleted in its entirety] Sec. 2-200. Organization. b) Membership. The Commission shall consist of seven Commissioners to be appointed by the Mayor with the advice and consent of the City Council. A Chairperson Chair -man and Vice Chairperson Cliaimia;Tshall be appointed on an annual basis by the Mayor with the advice and consent of the City Council. c) Terms of Office. Deleted in its entirety. d) Chairperson. Chairman. Deleted in its entirety. f) Compensation. Commissioners shall receive compensation quarterly for each meeting attended at the rate of $50 per meeting for the Chairperson Chairman and $40 for all other Commissioners or at such other rates as the City Council may hereafter establish. Sec. 2-202. Duties of the Commission. (5) To hear appeals from any order, requirement, decision or determination of the Director of Construction and Neighborhood Services relating to the Zoning Ordinance by any person, firm or corporation aggrieved thereby, or by any officer, department, Council or Commission of the City. Code Amendments, Gender References, Page 10 The appeal shall be taken within 45 days of the action complained of by filing a Notice of Appeal, in duplicate, specifying the grounds thereof, in the Office of the City Clerk, who shall transmit forthwith one copy to the Director of Construction and Neighborhood Services and one copy to the Chairperson amm7 of the Commission. The Director of Construction and Neighborhood Services shall forthwith transmit to the Chairperson Chairman of the Commission all the papers constituting the record upon which the action appealed from was taken. Sec.2-204. Meetings. All meetings of the Commission shall be held at the call of the Chairperson Chairman and at such other times as the Commission and/or City Council may determine. The presence of four members shall be necessary for a quorum. All meetings shall be open to the public. The Chairperson. Chaff ran, or Vice Chairperson. Chair —man, may administer oaths and compel the attendance of witnesses. The Commission shall keep minutes of its proceedings, keep record of its examinations and other official actions, prepare findings of fact and record the individual votes upon every question. Expenses incurred by the Commission in the performance of official duties are to be itemized and shall be borne by the City. Sec.2.25-3. Director. The director of the Office of Administrative Adjudication shall be the City Administrator or their his or herdesignee, or an independent contractor or agency contracted by the City to perform such duties as enumerated herein. The director is authorized, empowered and directed to: Sec. 2.25-6 Notice of violation (non -vehicular). The form and manner of notice for a vehicular parking, standing and compliance violation shall be as provided in Section 2.25-16. All matters, excepting vehicular parking, standing and compliance violations, to be adjudicated by the Office of Administrative Adjudication shall be commenced against the party alleged to have violated one or more Code provision(s) by issuing and serving upon that party a charging document in accordance with the following procedures: (C) Certification: The City officer or employee issuing the charging document shall certify the correctness of the information required by this Section by signing their his or her -name to the charging document. Sec. 2.25-9 Defenses to a building code violation. Except for violations of Article VIII in Chapter 7, International Property Maintenance Code, of this Code, of this code as amended, it shall be a defense to a building code violation charged if the owner, their his -attorney or any other agent or representative proves to the Administrative Law Judge's satisfaction that: (B) An occupant or resident of the dwelling has refused entry to the owner or their h is -agent to all or part of the dwelling for the purpose of correcting the building code violation. Sec. 2.25-12 Default; motion to set aside default judgment. Code Amendments, Gender References, Page 11 (A) Default: The Administrative Law Judge may find a respondent in default if the respondent, their his -attorney or authorized representative fails to appear at a hearing where proper service of notice of the hearing has been provided to the respondent, in accordance with this Chapter, and where there is not a finding of good cause by the Administrative Law Judge for the respondent's absence. Upon a finding of default, the hearing shall then proceed in absence of the respondent and evidence may be accepted relevant to the Code violation. A copy of the findings, decision and order resulting from the hearing shall be served on the respondent within 5 days after it is issued. Sec. 2-25-15 Demolition, Repair, Enclosure or Remediation. (C) In addition to any other remedy provided by law, the City may petition the 22nd Judicial Circuit Court to have property declared abandoned under this Section if: If the City proves that the conditions described in this Section exist and (i) the owner of record ofthe property does not enter an appearance in the action, or, if title to the property is held by an Illinois land trust, if neither the owner of record nor the owner of the beneficial interest of the trust enters an appearance, or (ii) if the owner of record or the beneficiary of a land trust, if title to the property is held by an Illinois land trust, enters an appearance and specifically waives their his r rights under this Section, the court shall declare the property abandoned. Notwithstanding any waiver, the City may move to dismiss its petition at any time. In addition, any waiver in a proceeding under this Section does not serve as a waiver for any other proceeding under law or equity. If the owner of record enters an appearance in the action within the 30-day period, but does not at that time file with the court a request to demolish the dangerous or unsafe building or to put the building in safe condition, or specifically waive their his or be -rights under this Section, the court shall vacate its order declaring the property abandoned if it determines that the owner of record does not intend to abandon the property. In that case, the City may amend its complaint in order to initiate proceedings under Section 2.25-15(A), or it may request that the court order the owner to demolish the building or repair the dangerous or unsafe conditions of the building alleged in the petition or seek the appointment of a receiver or other equitable relief to correct the conditions at the property. The powers and rights of a receiver appointed under this Section shall include all of the powers and rights of a receiver appointed under 65 ILCS 5/11-31-2. (D) The City may use the provisions of this Section to expedite the removal of certain buildings that are a continuing hazard in the City. Any person or persons with a current legal or equitable interest in the property objecting to the proposed actions of the Director of Construction and Neighborhood Services may file their his or l�r objection in an appropriate form in the Office of Administrative Adjudication. Sec. 2.25-16 Parking and standing of vehicles and the condition and use of vehicle equipment. (A) This Section shall be applicable to violations of City ordinances regulating the parking and standing of vehicles and the condition and use of vehicle equipment. Code Amendments, Gender References, Page 12 (J) Final Determination of Violation Liability: A final determination of violation liability shall occur following failure to pay the fine and any applicable penalty, or to appear at a hearing on the merits, and upon the exhaustion of the administrative review procedures. When a person fails to appear at their his,lher scheduled hearing to contest an alleged violation, the Administrative Law Judge's determination of violation liability shall become final (i) upon denial of a timely petition to set aside that determination; or (ii) upon expiration of the period for filing the petition without a filing having been made. (L) Procedures for Non -Residents: If an alleged violator does not reside within the City, the violation may be contested in writing pursuant to the notice of violation. In such circumstances, the non-resident may submit their nis or hef position, in writing, signed and under oath, to the Administrative Law Judge, setting forth the reasons why a finding of liability should not be entered and why the issuance of the violation was improper. Said written challenge must be submitted not less than 14 days prior to the hearing as noted on the notice of violation. Sec. 2.50-3. Application for License. (E) Failure or refusal of the applicant to give any information relevant to the investigation of the application or their his or herrefusalor failure to appear at any reasonable time and place for examination under oath regarding said application or their his or of refusal to submit to or cooperate with any investigation required by this ordinance, shall constitute an admission by the applicant that they are he or she is ineligible for such license and shall be grounds for denial thereof by the City Administrator. Sec. 2.50-8. Revocation of License. (B) The City Council, before revoking or suspending any license, shall give the operator at least 10 days' written notice of the charges against the operator. hini-,-and the opportunity for a public hearing before the City Council. Sec.2.50-9 Employees. It shall be unlawful for any adult business licensee or their hismanager or employee to employ in any capacity within the adult business any person who is not at least 18 years of age. Sec. 2.50-24 Massage Therapy Clinic Facilities. No license, or renewal thereof, shall be issued to conduct a massage therapy clinic unless an inspection, conducted by the City Administrator, or his designee, confirms that the clinic complies with the following minimum requirements. Renewal of a license may require reinspections by the City Administrator or their hi-s-designee. Sec. 2.50-25. Prohibited Acts and Conditions. (C) It shall be unlawful for any person, knowingly, in a massage therapy clinic to place their his-(rr her -hand upon, to touch with any part of their his or embody, to fondle in any manner, or to massage, a sexual or genital area of any other person. Code Amendments, Gender References, Page 13 Sec. 4-1. Definitions. Club means a corporation organized under the laws of this State, not for pecuniary profit, solely for the promotion of some common object other than the sale or consumption of alcoholic liquors, kept, used, and maintained by its members through the payment of annual dues, and owning, hiring, or leasing a building or space in a building, of such extent and character as may be suitable and adequate for the reasonable and comfortable use and accommodations of its members and their guests and provided with suitable and adequate dining and kitchen space and equipment and maintaining a sufficient number of servants and employees for cooking, preparing and serving food and meals for its members and guests; provided that such club files with the Mayor at the time of its application for a license under this Chapter two (2) copies of a list of names and residences of its members, and similarly files within ten (10) days of the election of any additional member, the member's hi-s-name and address; and provided further that its affairs and management are conducted by a board of directors, executive committee or similar body chosen by the members at their annual meeting, and that no member or any officer, agent or employee of the club is paid, or directly or indirectly receives, in the form of salary or other compensation any profits from the distribution or sale of alcoholic liquor to the club or members of the club or its guests introduced by members beyond the amount of such salary as may be fixed and voted at any annual meeting by the members or by the board of directors or governing body out of the general revenue of the club. Sec. 4-2. Mayor designated Liquor Control Commissioner; assistants. The Mayor of the City shall act as Liquor Control Commissioner of the City and the Mayor he -shall be assisted by the entire Council of the City and each member of the City Council shall be designated as Assistant Liquor Control Commissioner. Sec. 4-4. Applications for licenses. (a) The name, age and address of the applicant in the case of an individual; in the case of a co- partnership the persons entitled to share in the profits thereof, and in the case of a corporation, for profit, or a club, the date of incorporation, the objects for which it was organized, the names and addresses of the officers and directors, and if a majority in interest of the stock of such corporation is owned by one person or that person's h-i-nominee, the name and address of such person. (b) The citizenship of the applicant, the appl icam 's his -place of birth and if a naturalized citizen, the time and place of the applicant's hisi-naturalization. (j) A statement that the applicant will not violate any of the laws of the State of Illinois or of the United States, or any ordinance of this City in the conduct of the applicant's hi-s-place of business. (k) Such additional information that the Mayor determines to be useful to the Mayor him -as Liquor Control Commissioner in evaluating the eligibility of the applicant for license. Code Amendments, Gender References, Page 14 Sec. 4-5. Persons ineligible for license. No license shall be issued to: (a) A person who is not a resident of the City. (b) A person who is not of good character and reputation in the community in which they reside. he fesides, (m) A person who has been convicted of a violation of any Federal or State law concerning the manufacture, possession or sale of alcoholic liquor, subsequent to the passage of this Ordinance, or shall have forfeited thei r his -bond to appear in Court to answer charges for any such violation. (p) Any current City of McHenry police officer, Mayor, Council Member ldefnian/Alder- ".,, an or department head, unless authorized by a majority vote of the City Council. Sec. 4-10. List required; to be current. The Mayor shall keep or cause to be kept a complete record of all licenses issued by the Mayor, h+rr, and shall furnish to the Clerk, Finance Director, and Chief of Police a copy thereof; upon the issuance of any new license or the revocation of any old license, the Mayor shall give written notice of such action to each of these officers within 48 hours of such action. Sec. 4-18. Hearing on revocation. No license issued hereunder shall be revoked except after a hearing, with at least 3 days' notice having been given to the licensee for an opportunity to appear and defend the charges against them. 4 m. Sec. 4-12. License renewal. (a) Any licensee may renew their his -license at the expiration thereof, provided they are he-i-s then qualified to receive a license and the premises for which such renewal privilege 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 Mayor and City Council from decreasing the number of licenses to be issued in their 4is jurisdiction. (b) A licensee may during the first 15 days of the license period waive their hi-s--renewal privilege in writing to a new operator without first making application for a renewal of license in their his -own name, thereby surrendering their hi-s-privilege of renewal. Sec. 4-24. View from street. In premises upon which the sale of alcoholic liquor for consumption on the premises is licensed (other than as a restaurant, hotel or club or any bowling establishment), 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 licensed 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 in or about the interior Code Amendments, Gender References, Page 15 of such premises which shall prevent a clear and full view of the entire interior of such premises from the street, road or sidewalk, and such premises shall be so located as to provide for such a view. All rooms where liquor is sold for consumption upon the premises shall be continuously lighted during business hours by natural light or by 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 willfully obscured by the licensee or by the licensee hint -willfully suffered to be obscured or in any manner obstructed, then such license shall be subject to revocation in the manner herein provided. In order to enforce the provisions of this Section the Mayor shall have the right to require the filing with the Mayor him -of plans, drawings and photographs showing the clearance of the view as above required. Sec. 4-26. Purchasing, accepting, possessing, consuming by minors. (a) The purchase, acceptance or possession of any alcoholic liquor by any person under the age of 21 years is forbidden. This Section does not apply to possession by a person under the age of 21 years making a delivery of an alcoholic beverage in pursuance of the order of their his -parent or in pursuance of their hi -employment. Sec. 4-26.1. Sale or delivery to minors. No licensee nor any officer, associate, member, representative, agent or employee of such licensee shall sell, give or deliver alcoholic liquor to any person under the age of 21 years or to any intoxicated person or to any person known by the licensee him -to be an habitual drunkard, spendthrift, insane, mentally ill, mentally deficient or in need of mental treatment. No person, after purchasing or otherwise obtaining alcoholic liquor, shall sell, give or deliver such alcoholic liquor to another person under the age of 21 years, except in the performance of a religious ceremony or service. Sec. 4-27. Misrepresenting age. Any person under the age of 21 years who misrepresents their his of her age for the purpose of purchasing or obtaining alcoholic liquor from any retail licensee in the City shall be guilty of a misdemeanor. Sec. 4-29. Parental responsibility for violations. Any parent or guardian who shall knowingly suffer or permit any minor child who is their his -child or ward, to violate any provision or provisions of this Chapter, shall be guilty of a misdemeanor. Code Amendments, Gender References, Page 16 Sec. 6-2. Definitions. Animal, means every living creature, other than human, ma --which may be affected by rabies. Owner, also including Person in Possession, means any person having a right of property in an Animal or who keeps or harbors an Animal, or who has it in their meter -care, or acts as its custodian, or who knowingly permits a Dog or other Domestic Animal to remain on any premises occupied by them iiini or -for a period of 7 days. Owner does not include a feral Cat caretaker who participates in a trap spay/neuter, return or release program. Code Amendments, Gender References, Page 17 Sec. 7-163. Bond required. Every person applying for a permit under this Article shall submit with their h-isi-application a cash bond or bond with a lawful corporate surety to be approved by the City, conditioned on their hi-s compliance with all the provisions of this Article, and agreeing to pay and holding the City harmless from any claim which may be made against it by reason of the occupation of any street, sidewalk, alley or other public place by the building or structure moved. Sec. 7-195. Teardown Committee Established. A Teardown Committee, consisting of five members shall be charged with reviewing the demolition plans, site layout and all building plans for the exterior of a new home on a teardown site or infill parcel. The Committee shall include: 1) the Council Member A' -then holding office in the Ward in which the demolition/construction is proposed; 2) the Chairpersons - of the Planning and Zoning Commission, or their his/her- 3) the Chairperson CTof the Landmark Commission, or their his/her designee; 4) one Staff member from the Construction and Neighborhood Services Department; and 5) a member of the public, appointed by the Mayor with the advice and consent of the City Council. Sec.7-216. Definitions. Enforcement Officer: The Building Officer of the City, or any employee authorized by the Bui ldin Officer trim -to act under this ordinance. Sec. 7-256. Abatement of Chronic Nuisance Properties. (MC-10-1019) B. Any person in charge who permits property under their his o her ownership or control to be a public nuisance property shall be in violation of this Article and subject to its remedies. Sec. 7-257. Definitions. F. Person in charge: Any person in actual or constructive possession of a property including but not limited to an owner, occupant of property under their his orhrdomain, ownership or control. Sec. 7-258. Remedy. A. In the event the Administrative Law Judge determines property to be a chronic nuisance property, he may order that the property be closed and secured against all use and occupancy for a period of not less than 30 days, but not more than 180 days, or the Administrative Law Judge may employ any other remedy deemed by the Law .ludge hi-n+-to be appropriate to abate the nuisance. Sec.7-260. Procedure. Code Amendments, Gender References, Page 18 b. A statement that the Chief of Police has determined the property to be chronic nuisance property with a concise description of the nuisance activities leading to their her findings. Code Amendments, Gender References, Page 19 Sec. 8-7.2 Application for a development permit shall be made on a form provided by the Building Officer. The application shall include the following information: (k) If the applicant is a land trust, the trust officer shall sign the name of the trustee by them him {her) -as trust officer. A disclosure affidavit shall be filed with the application, identifying each beneficiary of the trust by name and address and defining the respective interests therein; Sec. 8-13.1_ The Building Officer shall inform the owner that any such violation is considered a willful act to increase flood damages and, therefore, may cause coverage by a Standard Flood Insurance Policy to be suspended. (c) At such hearing, the permittee shall be given an opportunity to present evidence on their his/her behalf. Code Amendments, Gender References, Page 20 Sec. 9-3. Investigation of application. The Chief of Police shall investigate the location wherein it is proposed to operate such machine, ascertain if the person is of good moral character, and report their hi-s-findings to the City Clerk. Code Amendments, Gender References, Page 21 Sec. 10-35. Sale, storage and possession prohibited. No person shall store, exhibit or have in their his -possession with intent to give away, or sell, or offer for sale within the City, any squib, rocket, cracker, torpedo, grenade or other combustible firecracker or fireworks of any kind, or similar fireworks device. Code Amendments, Gender References, Page 22 Sec. 11-36. Definitions. Health Department shall mean a duly appointed health officer of the McHenry County Health Department, or their leis -authorized representative. Sec. 11-78. Duty to provide for disposal. It shall be the duty of every owner or their his -agent or occupant of any building, apartment, store or other business establishments, or any person who shall regularly accumulate refuse, rubbish and garbage within the City, to provide for such disposal of garbage, refuse and rubbish as shall be necessary to keep the place and premises in a clean and sanitary condition as shall be required by the Health Department. Sec. 11-103. Vehicles to be watertight and equipped with cover. All vehicles used by a scavenger in their leis -business shall be watertight and shall be equipped with airtight covers for such portions as are used for the transportation of garbage, refuse of all kinds or miscellaneous waste materials. Sec. 11-123. Revocation. (b) A hearing demanded by the licensee under this Section shall take place within fifteen days after the demand for the hearing has been filed with the City Clerk. Whenever a demand has been made by a licensee for a hearing in connection with the revocation of their his -license, the licensee shall be permitted to continue scavenger operations in the City during the time that such hearing on the revocation is pending. Sec. 11-178. Every occupant of a dwelling or dwelling unit shall maintain in a clean and sanitary condition that part of the dwelling, dwelling unit and premises thereof that they occupy and control. he Oeoupies and eontfols-. Sec. 11-179. Every occupant of a dwelling or dwelling unit shall store and dispose of all their his rubbish in a clean, sanitary and safe manner. Sec. 11-180. Every occupant of a dwelling or dwelling unit shall store and dispose of all their his garbage, refuse, and any other organic waste which might provide food for insects and/or rodents in a clean, sanitary, safe manner. All garbage cans and refuse containers shall be rodent -proof, insect - proof, water -tight, structurally strong to withstand handling stress, easily filled, emptied and cleaned; shall be provided with tight -fitting covers or similar closures; and shall be maintained at all times in clean sanitary condition. Sec.11-183. Every occupant of a dwelling containing a single dwelling unit shall be responsible for such extermination of any infestation whenever their hi -,dwelling unit is the only one infested. Notwithstanding, the foregoing provisions of this subsection, whenever infestation is caused by failure of the owner to maintain a dwelling in a rodent -proof or reasonable insect -proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more Code Amendments, Gender References, Page 23 units of the dwelling, or in the shared or public parts of any dwelling containing two or more dwelling units, extermination thereof shall be the responsibility of the owner. Sec. 11-208. No owner, operator or occupant shall cause any service, facility, equipment or utility which is required under this Article to be removed from or shut off from or discontinued for any occupied dwelling or dwelling unit let or occupied by then;; 1>}n ;-except for such temporary interruption as may be necessary while actual repairs or alterations are in process, or during temporary emergencies when discontinuance of service is approved by the appropriate authority. Sec. 11-209. Negligent housing management. No person having personal management or control of residential real estate, whether as a legal or equitable owner of residential real estate or as a managing agent or otherwise, shall knowingly permit by their h;s or- hergross carelessness or neglect, the physical condition or facilities of the residential real estate to become or remain so deteriorated that the health, welfare or safety of any inhabitant or other person is endangered or otherwise adversely affected thereby. Sec. 11-216. The Building Officer shall enforce the provisions of this Article, and in connection therewith, he shall possess all of the enforcement powers and authority conferred upon the Building Officer h4wby Chapter 7 of this Code. Code Amendments, Gender References, Page 24 Sec. 12-6. Inspections; samples. (c) In addition to any other penalty which may be provided, the Mayor may revoke the license of any licensed proprietor of any licensed business in the City who refuses to permit any such officer or employee who is authorized to make such inspection or take such sample, or take an adequate sample of the desired commodity, or who interferes with such officer or employee while in the performance of their hi-5-duty in making such inspection; provided that no license shall be revoked for such cause unless written demand is made upon the licensee or person in charge of the premises, in the name of the City, stating that such inspection or sample is desired at the time it is sought to make the inspection or obtain the sample. Sec. 12-7. Posting of license. It shall be the duty of any person conducting the licensed business in the City to keep their hislicense posted in a prominent place on the premises used for such business. Sect 12-25. Pawnbrokers issuance of signed receipt. Every pawnbroker shall, at the time of making any advancement or loan, deliver to the person pawning or pledging any property a receipt signed by thein hitn/heFcontaining an accurate account and description, in the English language, or all the goods, articles, or other things pawned or pledged, the amount of money, value, or thing loaned thereon, the time of pledging the same, the rate of interest to be paid on such loan , and the name and residence of the person making the pawn or pledge. Sec. 12-26. Pawnbrokers employment of persons under sixteen. No pawnbroker shall permit any person under the age of sixteen (16) years to take pledges in pawn for them. him/ -her: Sec. 12-29. Prohibited transactions. No pawnbroker or secondhand dealer, in the course of conducting their his -business, shall receive any articles for pawn, pledge, advancement of money, loan, resale, or personal use from: Sec.t 12-33. Inspection of premises by police. The police chief or the chief, s h�s-designee shall have general supervision over all pawnbrokers and secondhand dealers and shall also have power to inspect their respective places of business. This inspection shall be limited to (1) confirming the proper posting of a pawnbroker license or a secondhand dealer license, and (2) inspection of record books, computers and inventory directly related to the purchase and sale of articles deemed to be identified as transactions under this article. All inspections must take place at the business and during normal operating hours of the business. Sec. 12-35. Junk/scrap collection vehicles. Every motor vehicle licensed under this article shall be permanently and conspicuously marked on both sides and the rear of the vehicle with the name of licensee along with the street address and phone number of their his/hef place of business. If the licensee of a junk/scrap collection vehicle is not a licensed secondhand dealer or has no fixed place of business, his/her name along with the street Code Amendments, Gender References, Page 25 address and phone number of their h,: residence shall be permanently and conspicuously marked on both sides and the rear of the vehicle. Sec. 12-39. Change of location of business. In case any person licensed as a pawnbroker or secondhand dealer shall remove their 4+is'place of business from the place designated on such license, no business shall be carried on or engaged in at the new location under such license until written notice of such change has been given by the licensee to the City, and such change has been noted by the City upon such license. The address of their his/her place of business shall thereupon be changed on the sides of any vehicle used by such licensed pawnbroker or dealer, and made to correspond with such new place of business. Sec. 12-42. Revocation. It shall be the duty of the police chief or the chief, s hi -,designee to report to the City any failure to comply with the provisions of this article on the part of any such licensee, and the City shall commence administrative hearing procedures to revoke the license of such persons or businesses. Sec. 12-49. Inspection. The police chief or the chiefs hi-5-designee shall have general supervision over all Flea Market Operations and shall also have power to inspect their respective places of business. This inspection shall be limited to (1) confirming the proper posting of a Flea Market Operation license, and (2) inspection of record books, computers and inventory directly related to the purchase and sale of articles deemed to be identified as transactions under this article. All inspections must take place at the business and during normal operating hours of the business. Sec. 12-57. License Required. F. The City Administrator or their his/het-designated representative may revoke any licenses issued by the City of McHenry if it is determined that the licensee has violated any provision of this chapter. Sec. 12-58. Application for License. G. A person under the age of 18 years may participate in the conducting of raffles or chances with the permission of a parent or guardian. A person under the age of 18 years may be within the area where winning chances are being determined only when accompanied by their his/her parents or guardian. Sec. 12-62. Raffle Manager; Bond. Operation and conduct of raffles shall be under the supervision of a single raffles manager designated by the organization making application for a license. The raffle's manager shall file with the Office of the City Administrator a fidelity bond in an amount not less than the anticipated gross receipts for the raffle. The bond shall be in favor of the organization and conditioned upon their his/her -honesty in the performance of duties. The bond shall also provide that notice be given in writing to the City of McHenry not less than thirty (30) days prior to its cancellation. The City Administrator or their his/her designated representative is authorized to waive the requirement for a Code Amendments, Gender References, Page 26 bond by including a waiver provision in the license issued, provided that the license containing such waiver provision shall be granted only by unanimous vote of the members of the licensed organization. Code Amendments, Gender References, Page 27 Sec. 13.18. Notice. Whenever a Police Officer has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to this Chapter, the Police Officer shall provide for the towing of the vehicle to a facility authorized by the City. The Police Officer shall notify any person identifying themselves hin, of her ,o' gas the owner of the vehicle or any person who is found to be in control of the vehicle at the time of the alleged violation, of the fact of the seizure of the vehicle, and of the owner's right to request an administrative adjudication hearing to be conducted in accordance with this Code and this Chapter. Said vehicle shall be impounded pending the completion of the hearing provided for in this Chapter, unless the vehicle owner posts a $500 cash bond with the City and pays the towing and storage charges. Sec. 13.19_ Preliminary Hearing. C. If, after the hearing, the Chief of Police or the Chief s leis --designee determines there is probable cause to believe that the vehicle is subject to seizure and impoundment pursuant to this Chapter, the continued impoundment of the vehicle shall be ordered as provided herein unless the vehicle owner posts a $500 cash bond to the City and pays the towing agent any applicable towing and storage fees. D. If the Chief of Police or the Chiefs h-�,designee determines there is not such probable cause, the vehicle shall be returned without penalty or other fees. Sec. 13.20. Administrative Adjudication Hearing. F. If the owner of record requests a hearing but fails to appear at the hearing or fails to request a hearing in a timely manner, the owner of record shall be deemed to have waived their his -right to a hearing and the Administrative Law Judge shall enter a default order in favor of the City in the amount of the administrative penalty. Once the order has been entered, the City shall make a reasonable effort to notify any lien holder of the default order entered against the owner of record. H. If the owner of record pays such a penalty and the vehicle is returned to the owner, no default order need be entered if the owner is informed of their bright to a hearing and signs a waiver, in which case an order of liability shall be deemed to have been made when the City receives the written waiver. Code Amendments, Gender References, Page 28 Sec. 14-2. Accountability for conduct of another. A person is responsible for conduct which is an element of an offense if the conduct is either that of the person personallLhi+Rself. or that of another and the person he -is legally accountable for such conduct as provided in subsection (A), or both. (A) When accountability exists. A person is legally accountable for the conduct of another when: (1) Having a mental state described by the ordinance defining the offense, he causes another to perform the conduct, and the other person in fact or by reason of legal incapacity lacks such a mental state; or (2) The ordinance defining the offense makes the person hi-p&so accountable; or (b) The offense is so defined that their- his -conduct was inevitably incident to its commission; or (c) Before the commission of the offense, the person he -terminates their his -effort to promote or facilitate such commission, and does one of the following: Wholly deprives their hi -,prior efforts of effectiveness in such commission, or gives timely warning to the proper law enforcement authorities, or otherwise makes proper effort to prevent the commission of the offense. Sec. 14-4. Disorderly conduct. (5) With the purpose of causing public danger, alarm, disorder, nuisance, the person he commits any of the following acts in a public place: (a) Commits an act in a violent manner toward another whereby that other person is placed in danger of their his -life or health; (m) Appears in any public place, or on any private street, road or drive that is the subject of a written request from the property owner pursuant to ILCS, and is under the influence of alcohol or controlled substance, to the degree that they he may endanger themselves h-imselfor other persons or property, or alarm or disturb other persons in the vicinity. (6) Permits any assembly of two or more persons for the purpose of committing any unlawful act or breach of the peace, or any riotous, offense or disorderly conduct, in or upon any premises owned or occupied by them h+rn-or under their h4s--control; (9) Disturbs, tends to disturb or aid in disturbing the peace of others by violent, tumultuous or offensive conduct, and no person shall knowingly permit such conduct upon any premises owned or possessed by them hinior under their his --control. (10) Loiters or strolls in, about or upon any street, alley or other public way or public place, or in any public gathering or assembly, or in or around any store, shop or business or commercial establishment, or on any private property or place without lawful business or conduct themselves_ himself in a lewd, wanton or lascivious manner in speech or behavior. Code Amendments, Gender References, Page 29 Sec.14-9. Vagrancy. (B) Unlawful Occupancy. Any person wandering abroad and occupying, lodging, or sleeping in any vacant or unoccupied barn, garage, shed, shop, or other building or structure or in any automobile, truck, railroad car, or other vehicle, without owning the same or without permission of the owner or person entitled to the possession of the same, or sleeping in any vacant lot during the hours of darkness and not giving a satisfactory account of themselves. himself (C) Begging. Any person wandering abroad and begging; or any person who goes about from door to door of private homes or commercial and business establishments, or places themselves himself -in or upon any public way or public place to beg or receive alms for themselves. himself Sec. 14-10. Loitering. (2) Such person is currently subject to an order prohibiting their his -presence in a high drug activity geographic area; or (3) Such person behaves in a manner as to raise reasonable suspicion that they are he -is -about to engage in or is then engaged in an unlawful drug related activity including, by way of example only, such person acting as a "lookout"; or (7) Such person manifestly endeavors to conceal upon themselves hij-asel f • h lf any object which reasonably could be involved in an unlawful drug related activity; or Sec. 14-11. Curfew. (C) Exceptions: The following shall constitute valid exceptions to the operation of the curfew: (1) At any time when accompanied by the r Tparent, guardian or other adult person responsible for or having the legal care, custody and control of the individual, or an authorized adult. Sec. 14-15. Resisting or obstructing a peace officer. A person who knowingly resists or obstructs the performance by one known to the person to be a peace officer of any authorized act within the peace officer's his -official capacity shall be guilty of the offense of resisting or obstructing a peace officer. Sec. 14-16. Refusing to aid an officer. Whoever upon command refuses or knowingly fails reasonably to aid a person known by them 44n to be a peace officer in: Sec. 14-18. Criminal trespass to vehicles. Whoever knowingly and without authority enters any vehicle, aircraft, watercraft, or any part thereof of another without their his -consent shall be guilty of criminal trespass to vehicles. Code Amendments, Gender References, Page 30 Sec. 14-22. Abandoned refrigerators, air -tight containers. It shall be unlawful for any person to leave or permit to remain outside of any dwelling, building or other structure, or within any unoccupied or abandoned building, dwelling or other structure under their his -control, in a place accessible to children, any abandoned, unattended or discarded refrigerator or other container which has an air -tight door or lid, snaplock or other locking device which may not be released from the inside, without first removing said door or lid, snaplock or other locking device from said refrigerator or container. Sec.14-27. Theft. A person commits theft, which is a misdemeanor, when he knowingly: (D) Obtains control over stolen property knowing the property to have been stolen by another or under such circumstances as would reasonably induce them hitwto believe that the property was stolen, and Sec. 14-30. Gambling - Possession of materials. No person in the City shall have in thei r hi possession any evidence of illegal gambling in the nature of policy or pool tickets, slips or checks or memoranda of any combination or bet, or any policy wheel, dice implement, apparatus or material of any form of illegal gambling or lottery. Sec. 14-32. Graffiti and Damage to Property. ** i. An extension of the time is needed due to weather, temperature or physical limitations. An extension of time may be granted by the City upon application of the property owner to and approval by the Director of Construction and Neighborhood Services and/or their his -designee; or Sec. 14-64. Weapons. (MC-94-621) (A) Weapons. Unless expressly authorized by law, no person shall wear under their his -clothing, or conceal about their his -person, or display in a threatening like manner, any dangerous or deadly weapon including, but not limited to any pistol, revolver, sling shot, knuckles, any bowie or similar knife, or any knife with a switch -blade or device whereby the blade or blades can be opened by a button, pressure on the handle or other mechanical contrivance. Sec. 14-76 Unlawful possession of cannabis. (A) A person commits unlawful possession of cannabis if the person, heo!-- she, while in the City, has in their his or herr-possession any substance containing cannabis. Sec. 14-79. Truancy Prohibited. It shall be unlawful for any person who is required by law to attend school and who is subject to the compulsory attendance requirements of the Illinois School Code and enrolled in grades 1 through 12 in a public, private (including a home school), or parochial school to absent themselves himself-0 herself -from attendance at school during the hours in which they are hear -one is, enrolled without valid cause or the permission of a parent, legal guardian, or the school in which they are enrolled. Code Amendments, Gender References, Page 31 Any person who shall so absent himself or herself shall be guilty of the offense of truancy and shall be subject to the penalties set for in this section. Sec. 14-81. Parental Responsibility. It shall be unlawful for any parent, legal guardian or other person to permit a person in their iiis of her -custody or control to commit the offense of truancy. Sec. 14-83. Penalty. A truant who is thirteen (13) years of age or older, or theirl.-Is OF f-parent(s), guardian(s) or legal custodian(s), but not both, who violate the provisions of this Article is subject to a fine of up to one hundred dollars ($100.00). The parent(s), guardian(s) or legal custodian(s) of a truant who is under thirteen (13) years of age is subject to a fine of up to one hundred dollars ($100.00) if the minor, or their his of her parent(s), guardian(s) or legal custodian(s), violate the provisions of this Section. Code Amendments, Gender References, Page 32 Sec. 15-6. Application contents. The application for a parade permit shall set forth the following information: (c) The name, address and telephone numbers of the person who will be the parade chairpersonehairmmn and who will be responsible for its conduct; (1) If the parade is designed to be held by, and on behalf of or for, any person other than the applicant, the applicant for such permit shall file with the Chief of Police a communication in writing from the person proposing to hold the parade, authorizing the applicant to apply for the permit on their his behalf; Sec. 15-9. Time for action on application; notice of denial. The Chief of Police shall act upon the application for a parade permit within ten days after the filing thereof. If the Chief of Police disapproves the application, the Chief lie -shall mail to the applicant, within fifteen days after the date upon which the application was filed, a notice of the Chief's his action, stating the reasons for the Chiefs his -denial of the permit. Sec. 15-15. Duty to carry permit. The parade chairperson or other person heading or leading shall carry the parade permit upon their his -person during the conduct of the parade. Code Amendments, Gender References, Page 33 Sec. 16-1. Definitions. For the purposes of this Chapter, the following terms, phrases, words, and their derivations shall have the meaning given herein. Director means the Director of Parks and Recreation or the Director's hi-s-designee, the Parks and Recreation Department Staff, or a person immediately in charge of any park area and its activities, and to whom all park attendants of such area are responsible. Sec. 16-11. Molesting animals, birds.** No person in a park shall hunt, molest, harm, frighten, kill, trap, chase, tease, shoot or throw missiles at any animal, reptile or bird; nor shall the person he_ -remove or have in their his -possession the young of any wild animal, or the eggs or nest or young of any reptile or bird; nor shall th�he collect, remove, have in their hi-lpossession, give away, sell or offer to sell, or buy or offer to buy, or accept as a gift, any specimen alive or dead of any of the group of tree snai I s. neesnai 1.Exception to the foregoing is made in that snakes known to be deadly poisonous, such as rattlesnakes, moccasins, coral snakes, or other deadly reptiles, may be killed on sight. This section is not intended to prohibit the taking of fish by legal means. Sec. 16-29. Fireworks and explosives.** No person in a park shall bring in, have in their his -possession, set off or otherwise cause to explode or discharge or burn, any firecracker, torpedo, rocket, or other fireworks or explosives of inflammable material, or discharge them or throw them into any such area from land or highway adjacent thereto. This prohibition includes any substance, compound, mixture, or article that in conjunction with any other substance, or compound, would be dangerous from any of the foregoing standpoints. Professional fireworks displays allowed only by City Council permit. Code Amendments, Gender References, Page 34 See. 17-8. Copies of Planning and Zoning Commission minutes. A draft copy of the unapproved Planning and Zoning Commission minutes shall be mailed without charge to those persons who have registered their names as attendees at any Planning and Zoning Commission hearing/meeting and who have indicated on the attendance sheet of that Planning and Zoning Commission hearing/meeting that such person wants a copy of such minutes. The failure to receive mail delivery of such minutes shall not constitute a basis for objecting to the proceedings or to delay any scheduled proceedings relating to the subject matter of such meetings. Such Planning and Zoning Commission minutes shall also be furnished without charge to any person residing within the planning jurisdiction of the City who presents themselves himself of herself at the Municipal Center and requests copies thereof. Code Amendments, Gender References, Page 35 Sec. 18-8. Conduct of Officers. It shall be the duty of every employee of the Department to conduct themselves himself in a proper and law abiding manner at all times, and to avoid the use of unnecessary force. Sec. 18-14. Appointment; Terms. The Board of Police Commissioners shall be appointed by the Mayor of the City, by and with the consent of the City Council. The terms of office of the members of the Board of Police Commissioners shall be three years and until their respective successors shall be appointed and qualified; provided, that no such appointments shall be made by any Mayor within thirty days before the expiration of the Mayor's his -term of office; and provided further, that the Mayor shall appoint the first members of such Board, one of whom is appointed to serve until the end of the current municipal year in which such appointment is made, another shall serve until the end of the municipal year next ensuing, and the third shall serve until the end of the municipal year second next ensuing; provided, that each of the first members of the Board shall serve until their his -successor is appointed and qualified. Sec. 18-19. Officers of Board and their Duties. The Board shall annually, at its first meeting in May elect a Chairperson Chaimian and a Secretary. They shall hold office until the end of the fiscal year of the municipality and until their successors are duly elected and qualified. The Chairperson Chairmati shall be the presiding officer at all meetings. The Secretary shall keep the Minutes of all meetings of the Board in a permanent record book and shall be the custodian of all the forms, papers, books, records and completed examinations of the Board. Sec. 18-25. Application Blanks. The applicant shall furnish with their his -application a copy of their his -Military Service Record, Discharge Papers, Social Security Card, Birth Certificate, High School Diploma or G.E.D. Certificate, a copy of their his -College or University Degree and, if requested, a copy of a certified transcript of their his -course work from an accredited College or University. Sec. 18-26. Disqualification. The Board may refuse to examine an applicant or, after examination, to certify the applicant hin+-as eligible: f) Who has any involvement with any deception or fraud in their his of -application. Sec. 18-37. Original Appointment — Oral Examination. The Board shall participate in the oral examination of the applicant and the Chief of Police or the Chiefs hi_s-designee shall be present. In no event shall less than a majority of the Commissioners conduct the oral examination. Questions shall be asked of the applicant that will enable the Commissioners to properly evaluate and grade the applicant on speech, alertness, ability to communicate, judgment, emotional stability, self-confidence, social skill and general fitness for the position. On completion of each oral examination the Commissioners will discuss the applicant's Code Amendments, Gender References, Page 36 abilities using the traits listed above. Applicant who fail to achieve a passing grade will be notified and eliminated from all further consideration. Sec. 18-39. Final Eligibility Register — Selection of Applicants. d) Notwithstanding anything to the contrary contained within these Rules and Regulations, the Board may, at its discretion, choose to appoint an applicant who has been awarded a certificate attesting to their h;s oi- her -successful completion of the Minimum Standards Basic Law Enforcement Training Course, as provided in the Illinois Police Training Act, ahead of non -certified applicants. Sec. 18-40. Professional Examinations. Applicants for original appointment shall be required to submit to the professional examinations as identified in this section as part of the hiring process. a) Background Investigation. The Chief of Police shall institute the background investigation, through representative police department investigation teams, of three highest-ranking applicants remaining on the Final Eligibility Register. This investigation shall include, but not be limited to, examination of the applicant's academic records, investigation of any civil or criminal action involving the applicant, verification of the applicant's employment and personal history as described on their his or -her -application, and investigation of any factors which might make the applicant unsuitable for service in the Department. Each applicant must submit to fingerprinting, as part of the background investigation, by the Department. b) Polygraph Test. The applicant shall submit themselves himself or herself for a polygraph examination by a licensed polygraph operator designated and compensated by the Board, at such time and place as the City may designate. Such test shall be given without expense to the applicant. The examining professional shall submit a written report of the results of the examination to the City HR Manager and Chief of Police. c) Psychological Examination. The applicant shall submit themselves himself or herself for apsychological examination by a licensed psychologist designated and compensated by the Board, at such time and place as the City may designate. Such test shall be given without expense to the applicant. The examining professional shall submit a written report of the results of the examination to the City HR Manager and Chief of Police. The eligible applicant shall sign a waiver allowing the psychological report to be reviewed by the Board and City Police Administration. Failure to sign such a waiver shall eliminate the applicant's name from the Final Eligibility Register and from any further consideration. Code Amendments, Gender References, Page 37 d) Medical Examination. An applicant, on receipt of a conditional offer of employment from the City, shall submit themselves himself of hefself for a medical examination (which may include a test of the applicant's vision and hearing, a test for the presence of communicable diseases, as well as a test to screen for the use of drugs and/or narcotics) by a licensed physician, as the City may designate. The examining professional shall be designated and compensated by the Board and shall submit a written report of the results of the examination to the City HR Manager. The applicant shall sign a waiver allowing the medical examination report to be reviewed by City HR Manger. The applicant shall sign a waiver allowing the Board to provide the medical report to the Chief of Police the Department, or the Chief s 4i—designee, for review should a condition exist that required withdrawal of a conditional offer of employment as previously identified in these rules. Failure to sign such a waiver shall eliminate the applicant's name from the Final Eligibility Register and from any further consideration. Sec. 18-63. Selection. a) Applicants may be chosen from the lateral entry program eligibility list in accordance with these rules. b) In the case of a lateral entry applicant, a conditional offer of employment shall be made only to the most qualified applicant of the top five applicants on the lateral entry program eligibility list, but not necessarily the first person on the list, as determined by the Chief of Police or the Chiefs hi-s—designee, based upon an evaluation of the following qualifications at minimum: Sec. 18-64. Professional Examination and Tests. Applicants for appointment from the lateral entry program eligibility list shall be required to submit to the professional examinations as identified in this section as part of the hiring process. a) Background Investigation. The Board shall institute the background investigation, through representative police department investigation teams. This investigation shall include, but not be limited to, examination of the applicant's academic records, investigation of any civil or criminal action involving the applicant, verification of the applicant's employment and personal history as described on their his her application, and investigation of any factors which might make the applicant unsuitable for service in the Department. Each applicant must submit to fingerprinting, as part of the background investigation, by the Department. b) Polygraph Test. The eligible applicant shall submit themselves himsel for- he for apolygraph examination by a licensed polygraph operator designated and compensated by the Board, at such time and Code Amendments, Gender References, Page 38 place as the City may designate. Such test shall be given without expense to the applicant. The examining professional shall submit a written report of the results of the examination to the City HR Manager and Chief of Police. c) Psychological Examination. The applicant shall submit themselves h;."s^l for hei-self for a psychological examination by a licensed psychologist designated and compensated by the Board, at such time and place as the City may designate. Such test shall be given without expense to the applicant. The examining professional shall submit a written report of the results of the examination to the City HR Manager and Chief of Police. The applicant shall sign a waiver allowing the psychological report to be reviewed by the Board and City Police Administration. Failure to sign such a waiver shall eliminate the applicant's name from the Final Eligibility Register and from any further consideration. d) Medical Examination. An applicant, on receipt of a conditional offer of employment from the City, shall submit themselves himselfor- herself for a medical examination (which may include a test of the applicant's vision and hearing, a test for the presence of communicable diseases, as well as a test to screen for the use of drugs and/or narcotics) by a licensed physician, as the City may designate. The examining professional shall be designated and compensated by the Board and shall submit a written report of the results of the examination to the City HR Manager. The applicant shall sign a waiver allowing the medical examination report to be reviewed by City HR Manger. The applicant shall sign a waiver allowing the City HR Manager to provide the medical report to the Chief of Police of the Department, or the Chief s his -designee, for review should a condition exist that required withdrawal of a conditional offer of employment as previously identified in these rules. Failure to sign such a waiver shall disqualify the applicant from further consideration. Sec. 18-69. Hearing of Charges. d) "Cause" is some substantial shortcoming which renders continuance in employment in some way detrimental to the discipline and efficiency of the public services and something which the law and sound public opinion recognizes as cause for the officer no longer occupying their leis -position. The right to determine what constitutes cause is with in -the Board. Sec. 18-72. Service. All papers required by these Rules and Regulations to be served shall be delivered personally to the parry designated or mailed, by United States mail in an envelope properly addressed with postage Code Amendments, Gender References, Page 39 prepaid, to the designated party at their his -last known residence as reflected by the complaint filed with the Board, except as herein otherwise provided. Proof of service of any paper may be made by the certification of any person so mailing the paper or delivering the same to the designated party personally, or by filing a return receipt showing that a paper was mailed, by either registered or certified mail, return receipt requested, to a party's address where it was received by a named party. Sec.18-74. Forms of Paper. d) The original of all papers filed shall be signed in ink by the party filing the paper or by an officer, agent, or attorney thereof and copies thereof provided the opposing party or their hi --counsel. If papers are filed by e) an attorney, their hi,name and address shall appear thereon. Sec. 18.76. Alternative Discipline. b) In addition to the right to remove to lower ranks, the Chief of Police of the Department shall have the right to suspend any officer (who is not subject to the provisions of an applicable collective bargaining agreement), under the Chief` s his -command for a period not to exceed fifteen (15) days, providing no charges on the same offense have been filed and are pending before the Board, and the Chief he -shall notify the Board in writing within twenty-four (24) hours of the time of such suspension. Except for the Deputy Chief and Commander positions, any police officer removed to a lower rank or so suspended may appeal to the Board for a review of the removal to a lower rank or suspension within five (5) days after receiving notice of such action by the Chief of the Police by filing notice of such appeal in writing with the Secretary of the Board of Police Commissioners. A hearing shall be had upon such appeal, and due notice given to the Chief of Police and to the employee. The burden of establishing that a removal to the lower rank or suspension was unwarranted shall be upon the individual bringing the appeal. Upon such appeal and depending on the evidence presented, the Board may sustain the action of the Chief of Police, may reverse it and order that the employee receive their his- ay for the period involved, may suspend the employee for a period of not more than thirty (30) days or discharge the employee. him-: Sec. 18-79. Leave of Absence — Probationary Period. If a leave of absence is granted by the City during a probationary period, such probationary period shall be tolled until the probationary employee returns from their his -leave of absence. Sec. 18-80. Political Contributions. No person in the Department of the City of McHenry, Illinois, shall be under any obligation to contribute any funds to render any political service, and no such person shall do so or be removed or otherwise prejudiced for refusing to do so. No person in the Department of the City of McHenry, Illinois, shall discharge or promote or reduce, or in any manner change the official rank or compensation of any other person in such service, or promise or threaten so to do, for withholding or refusing to make any contribution of money or service or any other valuable thing for any political purpose, or in any other manner, directly or indirectly, use their hi-s official authority or influence to Code Amendments, Gender References, Page 40 compel or induce any other person to pay or render any political assessment, subscription, contribution or service. Sec. 18-80. Political Contributions. No person in the Department of the City of McHenry, Illinois, shall be under any obligation to contribute any funds to render any political service, and no such person shall do so or be removed or otherwise prejudiced for refusing to do so. No person in the Department of the City of McHenry, Illinois, shall discharge or promote or reduce, or in any manner change the official rank or compensation of any other person in such service, or promise or threaten so to do, for withholding or refusing to make any contribution of money or service or any other valuable thing for any political purpose, or in any other manner, directly or indirectly, use his official authority or influence to compel or induce any other person to pay or render any political assessment, subscription, contribution or service. Sec. 18-90. Definitions. False Alarm - Means the activation of an alarm system through mechanical or electronic failure, malfunction, improper installation or the negligence of the owner, user or lessee of an alarm system, or tlhcir hi -,-employees or agents, except that the following shall not be considered false alarms: Sec. 18-93. Subscriber's request to reconsider service charge. Within fifteen days after receiving a bill for false alarm charges, the subscriber may file a written request with the Chief of Police to reconsider whether such alarm was false. Such request shall state the subscriber's opinion with respect to the cause of the alarm and shall indicate the facts upon which the subscriber bases said opinion. Within five days after the receipt of such a request from a subscriber, the Chief of Police, or the Chief s leis -designee, shall make a determination whether the alarm was false or not and shall notify the subscriber of that decision in writing by personal delivery or by mail. Sec. 18-101 Automatic dialer alarms. Automatic dialer alarms that dial directly into the Police Department are not allowed to be used within the corporate limits of the City, with the exception of those used by the City and those authorized by the Chief of Police or the Chiei's liislhe-r-designee based upon special facts involving medical and/or life threatening circumstances. CHECK NUMBERING Sec. 18.50-5. Application for permit. Application for a site development permit shall be made by the owner of the property or their hi-s authorized agent to the Director of Construction and Neighborhood Services on a form furnished for that purpose. Each application shall bear the name(s) and address(es) of the owner or developer of the site and of any consulting firm retained by the applicant together with the name of the applicant's principal contact at such firm, and shall be accompanied by a filing fee of $37.50. Each application shall include certification that any land clearing, construction, or development involving the movement of earth shall be in accordance with the plans approved upon issuance of the permit. Code Amendments, Gender References, Page 41 Sec. 18.50-19. Exceptions from requirements and regulations. 2. Each application for an exception shall be referred to the Director of Public Works for review. The Director of Public Works shall transmit their h-'recommendations to the City Council, which shall review such recommendations prior to granting or denying the exception. Sec. 18.50-20. Stop -work order; revocation of permit. Suspension of a permit shall be by a written stop -work order issued by the Director of Construction and Neighborhood Services and delivered to the permittee or their his -agent or the person performing the work. The stop -work order shall be effective immediately, shall state the specific violations cited, and shall state the conditions under which work may be resumed. A stop -work order shall remain in effect until the next regularly scheduled meeting of the City Council at which the conditions of sub -paragraph 2 below can be met. 3. Such notice shall be served on the permittee at least five days prior to the date set for the hearing. At such hearing, the permittee shall be given an opportunity to be heard and may call witnesses and present evidence on their hisbehalf. At the conclusion of the hearing the City Council shall determine whether the permit shall be suspended or revoked. Code Amendments, Gender References, Page 42 Sec. 19-19. Fraud and misrepresentation. It shall be unlawful for any Peddler to engage in any fraud, cheating or misrepresentation, whether through themselves hi+fself r through an employee, while Peddling in the City. Code Amendments, Gender References, Page 43 Sec. 20-6. Exception for survivors of business person. Upon the death of a person doing business in this City their h s ;ei -heirs, devisees or legatees shall have the right to apply at any time for a license hereunder. Section 20-10. License fee. Any applicant for a license hereunder shall submit to the City Clerk with their hi-s-application a license fee of $25.00. Any applicant for a renewal license hereunder shall submit to the City Clerk with their hi -renewal application a renewal license fee of $25.00. Code Amendments, Gender References, Page 44 Sec. 21-108 Maintenance and emergency maintenance. 2. In an emergency, the utility shall, as soon as possible, notify the Public Works Director, or their his or —duly authorized agent, of the emergency, informing them him-of4w-Fas to what steps have been taken for protection of the traveling public and what will be required to make the necessary repairs. If the nature of the emergency is such as to interfere with the free movement of traffic, the Police Department shall be notified immediately. If applicant does not act in accordance with these provisions, the City may do so and all costs incurred by City must be reimbursed by the applicant. Code Amendments, Gender References, Page 45 Sec. 23-3. Payment and Collection. The tax levied herein shall be paid in addition to any and all other taxes. It shall be the duty of the operator of every hotel to collect said tax from the guest or lodger, and to pay over to the City Administrator or their his/hedesignee said tax on a monthly basis as provided herein. Sec. 23-4. Administration and Enforcement (a) Inspections. The City Administrator or their him- designee may enter the premises of any hotel for inspection and examination of books and records for the proper administration of this ordinance and enforcement and collection of the tax imposed. It shall be unlawful for any person to prevent, hinder or interfere with the City Administrator or their his/her designee in enforcing this ordinance. (b) Records Required. It shall be the duty of every person operating a hotel in the City to keep accurate and complete books and records to which the City Administrator or their his/her designee shall, at all times, have full access, which records shall include a daily sheet showing: (c) Monthly Tax Returns. Every person operating a hotel shall file tax returns showing tax receipts received with respect to each hotel during each month of each year, within 30 days after the end of the respective date, upon forms prescribed by the rules and regulations of the City Administrator or his/her designee. At the time of filing said tax returns, the operator shall pay to the City Administrator or their his/hefdesignee all taxes due for the period to which the tax return applies. Each return shall be accompanied by payment to the City of all taxes due and owing for the quarter covered by the return. 2. Suit for Collection. Whenever any person fails to pay a tax required herein, the City Attorney shall, upon the request of the City Administrator or their _his/ }er-designee, bring or cause to be brought an action to enforce the payment of said tax on behalf of the City in any court of competent jurisdiction. Any legal fees incurred by the City in the cost of collection shall be paid by the operator. 3. Revocation of City Licenses. If the City Administrator or their r,;s/hef designee, after conducting a hearing, finds that any person has willfully avoided payment of the tax imposed herein, the City Administrator he -may suspend or revoke all City licenses held by the hotel. The operator shall have an opportunity to be heard at a hearing, held not less than five days after notice of the time and place of the hearing, with said notice addressed to the operator at the last known place of business, has been delivered to the operator. Code Amendments, Gender References, Page 46 Sec. 25-32. Drivers to be licensed. No person shall drive a taxicab unless he shall have secured a license therefor, as provided by the Statutes of the State of Illinois. No person shall drive a taxicab until he has exhibited such license to the Chief of Police or the Chiefs lam -designee who will issue a certificate that the applicant has complied with the provisions of this Article. Sec. 25-38.: Duty to accept passengers. It shall be the duty of the driver of any taxicab to accept as a passenger any person who seeks to so use the taxicab, provided such person is not intoxicated and conducts themselves hiniself in an orderly manner. No person shall be admitted to a taxicab occupied by a passenger without the consent of the passenger. Sec. 25-39. Route to be direct. The driver shall take their his -passenger to their h-i-s-destination by the most direct available route from the place where the passenger enters the cab. Code Amendments, Gender References, Page 47 Sec. 26-3. Who may turn on service. No water from the municipal water supply system shall be turned on for service into any premises by any person other than the Director of Public Works, or the Director's hip -designee. Sec. 26-22. Installation, repair and replacement charges and fees. (a) Meter replacement and repairs. The cost of meter replacement and repairs shall be paid out of the system generated revenues, except as required in Section 26-22. (b) Meter repairs. Property owners shall bear the entire expense of all repairs on water meters on their premises due to freezing or from any other cause owing to the negligence of the said property owner or their h+s-tenant. The repairs shall be made by the City and the cost thereof shall be billed to and paid by the property owner as herein required. Sec. 26-28. Lien declared; notice. (b) If the consumer of water whose bill is unpaid is not the owner of the premises, and the City Clerk has notice of this, then notice shall be mailed to the owner of the premises, if their his address is known to the City Clerk, whenever such bills remain unpaid for a period of 60 days after they have been rendered. Sec. 26-30. Water during construction. (a) During the construction of any building and before any water has been turned on or before any water meter is installed as is herein provided, the contractor so constructing such building may be permitted to use the property's water service by previously making application therefore to the Director of Public Works or the Director's his -designee and by paying a deposit for a water meter, as listed below, to measure the construction water usage on the construction site. Water shall not be turned on until inspected and approved by City Plumbing Inspector. Sec. 26-36. Connection upon extension of City water mains required. Within one year after any municipal water main is installed upon any premises, or adjacent thereto as described in Section 26-35 hereof, the owner shall, at their his -own expense, install and commence the use of a service line connecting the municipal water main to the water distribution system of the subject premises. All such installations of service line facilities shall be subject to the prior approval of and inspection by the Director of Public Works. Sec. 26-60. Installation according to Plumbing Code. All plumbing installed within the City of McHenry shall be installed in accordance with the Illinois State Plumbing Code, 77 IL. Adm. Code 890. That, if in accordance with the Illinois State Plumbing Code or in the judgment of the Director of Public Works or the Director's his --authorized representative, an approved backflow prevention device is necessary for the safety of the public water supply system, the Director of Public Works will give notice to the water customer to install such an approved device immediately. The water customer shall, at their his -own expense install such an approved device at a location and in a manner in accordance with the Illinois State Plumbing Code Amendments, Gender References, Page 48 Code and all applicable local regulations, and shall have inspections and tests made of such approved devices upon installation and as required by the Illinois State Plumbing Code and local regulations. Sec. 26-63. Right to enter premises. The Director of Public Works or the Director's hi -,authorized, qualified 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 City of McHenry for the purpose of verifying the presence or absence of cross -connections, and that the Director of Public Works or the Director's leis 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 City of McHenry for the purpose of verifying information submitted by the customer regarding the required cross -connection control inspection. On demand, the owner, lessees or occupants of any property so served shall furnish to the Director of Public Works any information which the Director le -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 Director of Public Works be deemed evidence of the presence of improper connections as provided in this ordinance. Sec.26-70. Definitions. Director - The Director of Public Works of the City or the Director's his -duly authorized deputy or representative. Sec. 26-73. Connection required if sewer available. The owner of any house, building, or property situated within the City and abutting on any street, alley, easement or right-of-way in which there is located a public sanitary sewer of the City is required at their his -sole expense to connect the sanitary sewer facilities thereof directly to the public sewer in accordance with the provisions of this ordinance, within one year after date of official notice to do so, provided that said public sewer is sited as per McHenry County Department of Public Health requirements. Said owner shall extend the public sewer in said street, alley, easement or right- of-way to the farthest portion of their his -premises, as determined by the Director of Public Works. Sec. 26-103. Permit application. (a) The owner or their hi-lagent shall make application for a permit on a form furnished by the City. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Building Official, an industry, as a condition of permit authorization, shall provide complete information describing its wastewater constituents, characteristics, and type of activity. Sec. 26-127. Maintenance of precautionary facilities. Where pretreatment or flow -equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at their leis -expense. Sec. 26-128. Control manholes. The owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole or manholes, together with such necessary meters and other appurtenances Code Amendments, Gender References, Page 49 in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manholes, sampling equipment and measuring equipment shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the Director. The manholes shall be installed by the owner at their hi-s-expense, and shall be maintained by the owner so as to be safe and accessible at all times. Sec. 26-130. Measurements, tests, analyses. All measurements, tests, and analyses of the characteristics of water 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. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewerage works and to determine the existence of hazards to life, limb and property. The particular analyses involved will determine whether a 24- hour composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, the samples for solids analyses are obtained from 24-hour composites of all outfalls whereas pH's are determined from periodic grab samples. The cost of measurements, tests and analysis for the purpose of determining treatment service surcharges shall be paid for by the user at their his -expense. Sec. 26-151. Deposit; record of funds. The Finance Director shall receive all revenues from the sewerage system and all other funds and monies incident to the operation of said system as the same may be delivered to the Director, him; and shall deposit the same in a separate fund designated as the "Sewerage Fund" of the City and shall divide and administer the said sewerage fund in every respect as provided by City Council. He shall establish a proper system of accounts and shall keep proper books, records and accounts (separate from all other records and accounts) in which complete and correct entries shall be made of all transactions relating to the sewerage system. Code Amendments, Gender References, Page 50 Sec. 27-4. Disposition of inoperable motor vehicle upon receipt of notice. A person is required to dispose of any inoperable motor vehicle(s) under their control within seven days after written notice is received from the corporate authorities of the City or from the Chief of Police or the Chief s designee, commanding disposition of the inoperable motor vehicle(s). Sec. 27-5. Service and content of notice. (a) The written notice herein shall be served upon the occupant of the land where the nuisance exists, or if there is no occupant, then upon the owner of the property, or their agent, giving notice of the existence of the nuisance and requesting its removal within seven days from the date notice is received. The notice shall further state that, upon the owner's or occupant's failure to comply with the notice to remove, the City or its agent shall undertake such removal with the costs thereof to be levied against the owner or occupant of the property. (b) It shall constitute sufficient notice under this Section when a copy of the notice is posted in a conspicuous place upon the private property on which the vehicle is located and when duplicate copies are sent by certified mail to the owner or occupant of the private property at their last -known address. Sec. 27-6. Impounding vehicles. The Chief of Police, or the Chief s designee, is hereby authorized to remove or have removed any vehicle left at any place within the city which reasonably appears to be in violation of the provisions of this Chapter, or which reasonably appears to be lost, stolen or unclaimed, or which is an inoperable vehicle as defined in this Chapter. SECTION 4: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 5: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form (which publication is hereby authorized) as provided by law. Voting Aye: Alderwoman Condon, Alderman Devine, Alderman Mihevc, Alderman Curry, Alderman Schaefer, Alderman Glab and Alderman Santi Voting Nay: 0 Absent: 0 Abstain:0 (SEAL) APPROVED: Ma or ayne Jett Code Amendments, Gender References, Page 51 n , (SEAL) ATTEST: Deputy Clerk Debra Meadows Passed: O i q Approved: Z:\M\McHenryCityoflOrdinances\Gender.doc Code Amendments, Gender References, Page 52 CERTIFICATION I, DEBRA MEADOWS, do hereby certify that I am the duly appointed, acting and qualified Deputy Clerk of the City of McHenry, McHenry County, Illinois, and that as such Deputy Clerk, I am the keeper of the records and minutes and proceedings of the Mayor and Aldermen of said City of McHenry. I do hereby further certify that at a regular meeting of the Mayor and Aldermen of the City of McHenry, held on the � r day of C- .g & c o i, , 2019, the foregoing Ordinance entitled An Ordinance Amending References to Specific Gender Within the City of McHenry's Municipal Code, was duly passed by the City Council of the City of McHenry. The pamphlet form of Ordinance No. M c- - jT 11 � including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the City Hall, commencing on the 1,1 t-P- day of c vc< o 2019, and will continue for at least 10 days thereafter. Copies of such Ordinance are also avai able for public inspection upon request in the office of the City Clerk. I do further certify that the original, of which the attached is a true and correct copy, is entrusted to me as the Deputy Clerk of said City for safekeeping, and that I am the lawful custodian and keeper of the same. GIVEN under my hand and seal this day of �- F 1 f uay ( 2019. Debra Meadows, Deputy Clerk City of McHenry, McHenry County, Illinois (SEAL) Code Amendments, Gender References, Page 53