HomeMy WebLinkAboutOrdinances - MC-07-916 - 06/18/2007 - Repeal and update Ch 3 of MCOrdinance No. MC-07-916
An Ordinance providing for updates to
Chapter 3 of the City of McHenry municipal Code.
BE IT ORDAINED by the CITY COUNCIL of the CITY OF MCHENRY, McHenry
County, Illinois as follows:
SECTION 1; That Chapter 3 Advertising of the City of McHenry Municipal
Code is hereby repealed and replaced with the following:
ARTICLE L IN GENERAL
Sec. 3-1. Posting bills.
(a) No person shall post, stick, stamp, paint, nail or otherwise fix, or cause the same
to be done by any person, any notice, placard, bill, card, poster, advertisement, or
any other paper or device calculated to attract the attention of the public, to or
upon any sidewalk, crosswalk, curb or curbstone, flagstone, or any other portion
or part of any public way or public place, or any lamp post, electric light,
telegraph or telephone line pole, or any railroad structure, hydrant, shade tree or
tree box, or upon the piers, columns, trusses, girders, railings, gates or other parts
of any public bridge or viaduct, or other public structures or building except as
may be authorized or required by the laws of the United States, the State of
Illinois, and the ordinances of the City.
(b) No person shall fasten in any way any show -card, poster or other advertising
device upon public or private property in the City unless legally authorized to do
so.
Sec. 3-2. Use of loudspeakers, amplifiers, etc., for advertising."
The using, operating or permitting to be played, used or operated of any radio receiving
set, instrument, phonograph, loudspeaker, sound amplifier or other machine or device for
the producing or reproducing of sound in the zoned business area of the City, which
sound is cast upon the public streets for the purpose of commercial advertising or
attracting the attention of the public to any building or structure, other than during the
hours of 9:00 a.m. to 6:00 p.m. on weekdays and Saturdays, is prohibited. This
prohibition shall not apply to any religious place of worship using direct or amplified
sound to signify a religious service.
Secs. 3-3 - 3-15. Reserved.
ARTICLE IL HANDBILLS
Sec. 3-16. Throwing in public places.
It shall be unlawful for any person to deposit, place, throw, scatter or cast any
commercial handbill in or upon any public place within this City; and it shall also be
unlawful for any person to hand out or distribute or sell any commercial handbill in any
public place, provided, however, that it shall not be unlawful for any person to hand out
or distribute, without charge to the receiver thereof, any non-commercial handbill in any
public place to any person willing to accept such non-commercial handbill.
Sec. 3-17. Placing in vehicles.
It shall be unlawful for any person to distribute, deposit, place, throw, scatter or cast any
commercial or non-commercial handbill in or upon any automobile or other vehicle. The
provisions of this Section shall not be deemed to prohibit the handing, transmitting or
distributing of any non-commercial handbill to the owner or other occupant of any
automobile or other vehicle, who is willing to accept the same.
Sec. 3-1& Distribution on uninhabited or vacant premises.
It shall be unlawful for any person to distribute, deposit, place, throw, scatter or cast any
commercial or non-commercial handbill in or upon any private premises which are
temporarily or continuously uninhabited or vacant.
Sec. 3-19. Distribution where properly posted.
It shall be unlawful for any person to distribute, deposit, place, throw, scatter or cast any
commercial or non-commercial handbill upon any premises, if requested by anyone
thereon not to do so, or if there is placed on said premises in a conspicuous position near
the entrance thereof, a sign bearing the words 'No Trespassing," "No Peddlers or
Agents," "No Advertisement," "No Solicitation" or any similar notice, indicating in any
manner that the occupants of said premises do not desire to be molested or to have their
right of privacy disturbed, or to have any such handbills left upon such premises.
Sec. 3-20. Distribution on inhabited private premises.
No person shall distribute, deposit, place, throw, scatter or cast any commercial or
non-commercial handbill in or upon any private premises which are inhabited, except by
placing or depositing such handbill in or upon such inhabited private premises, if such
handbill is so placed or deposited as to secure or prevent such handbill from being blown
or drifted about, except that mailboxes may not be used when prohibited by federal postal
laws or regulations. (MC-96-646)
Sec. 3-21. Name and address of printer, etc., and distributor.
It shall be unlawful for any person to distribute, deposit, scatter, hand out or circulate any
commercial or non-commercial handbill in any place, under any circumstances, which
does not have printed on the cover, front or back thereof; the name and address of the
following:
(a) The person who printed, wrote, compiled or manufactured the same.
(b) The name and address of the person who caused the same to be
distributed; in addition the acres and addresses of the owners, managers or
agents of the person sponsoring said handbill shall also appear thereon.
* Cross references - Advertising and signs in parks, Sec. 16-41; signs overhanging
rights -of -way, Sec. 21-89; attaching advertisements to public trees, Sec. 28-4.
* * Cross reference - Noise, Sec. 14-8.
SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision
of this Ordinance shall be adjudged by any Court of competent jurisdiction to be
invalidate or nullify the remainder thereof; which remainder shall remain and continue in
full force and effect.
SECTION 3: All ordinances or parts of ordinances in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4: 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.
Passed and Approved this 18TH day of_ J U N E , 2007
Voting Aye: SANTI, GLAB, SCHAEFER, MURGATROYD, WIMMER, PETERSON, CONDON
Voting Nay: NONE
Not Voting: NONE
Absent: NONE
Abstain. NONE
APPROVED:
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(SEAL)
ATTEST: C , .rqoil)
Ci Clerk