HomeMy WebLinkAboutOrdinances - MC-09-981 - 02/02/2009 - AMEND MC CH 3 ADVERTISING NUISANCES AND MOVING SIGORDINANCE NO.MC-09-981 4
An Ordinance Amending Chapter 3, of the City of McHenry
Municipal Code regarding advertising nuisances and Chapter IX of the
City of McHenry Zoning Code regarding moving signs
WHEREAS, the City of McHenry, McHenry County, Illinois ("City") finds that there has been a
proliferation of persons holding themselves out as or constituting moving signs — whether through their
dress, costume, actions, or movements — in the commercial and business districts of the City;
WHEREAS, the City finds that such moving signs are placed, oriented and intended to distract
the attention of drivers from the roadway and traffic. -
WHEREAS, the City also finds that this particular subset of moving signs significant distractions
to driver attention by actively seeking the attention of traffic in general and individual drivers;
WHEREAS, the City also finds that such moving signs often induce drivers to sound their horns;
WHEREAS, the City also finds that such moving signs are visually unappealing and constitute an
aesthetic blight on the commercial and business districts of the City;
WHEREAS, the City also finds that such moving signs create distractions to pedestrian traffic
along sidewalks and public rights -of -way as well, as to vehicular traffic in the roadway;
WHEREAS, the City also finds that such moving signs often physically obstruct pedestrian
traffic;
WHEREAS, considering the particular danger to the public health, safety, and aesthetics posed by
this particular subset of moving signs, the City finds that such moving signs constitute a public nuisance,
and
WHEREAS, it is the intent of the City to adopt the following ordinance pursuant to statutory
authority to regulate the public streets, sidewalks and rights of way and regulate nuisances for the public
health, safety and aesthetics of the City.
NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF McHeNRY,
McHenry County, Illinois, as follows:
SECTION 1: Chapter 3, Advertising, of the Municipal Code, City of McHenry, Illinois, shall be
amended to add Sections 3-3 and 34, which shall read as follows:
Sec. 3-3 Nuisances defined.
The following acts and practices are defined as nuisances pursuant to Section 5/11-60-2 of the Illinois
Municipal Code and subject to abatement by the City at the violator's cost in any manner permitted by
law:
Any person constituting, or acting as, a Moving Sign, as defined in the Chapter XIX of the
McHenry Zoning Code, if such Moving Sign is:
(1) (1) Located in a commercial or business zoning district or upon public property
adjacent and parallel to the commercial or business zoning district; and (ii) located within
50 feet from any public roadway adjacent and parallel to the zoning lot on which the sign
is located; or (iii) actually visible from any public roadway or right-of-way; or
(3) Interferes with pedestrian traffic along a night -of -way or sidewalk; or
(4) Interferes with vehicular traffic in a roadway or actively solicits the attention of
drivers through acts or motions specifically directed at any vehicle or driver; or
(5) Located within a public roadway, sidewalk or right-of-way.
It shall be a violation of this section and constitute a nuisance for a person to 1) act as a Moving Sign, or
2) for a person to direct another to act as a Moving Sign in violation of this Section of the City of
McHenry Municipal Code.
Sec. 3-4 Penalty and abatement.
(a) Any violation of this Article is punishable by a minimum fine of $100 and each day on which a
violation occurs shall be a separate offense. In addition, the violator shall be required to pay the
City's reasonable costs of enforcement, abatement and prosecution, including attorney fees.
(b) The City may abate violations of this Article by any legally available means.
SECTION 2: The first phrase in Section IX-134 of the City of McHenry Zoning Ordinance shall
be amended to read as follows:
"The following signs and displays as defined herein are prohibited in all zoning districts, subject
only to the exceptions stated herein."
SECTION 3: The definition for "Sign, Moving" under Chapter XIX, Definitions, of the City of
McHenry Zoning Ordinance shall be amended to read as follows:
SIGN, MOVING:
A sign that uses movement, by either natural or mechanical means, or change of lighting, either
natural or artificial, to depict action to create a special effect of scene; or signs that rotate or have
parts that move or rotate, excluding the scrolling of a static message onto or off a sign board in
one direction per message, time and temperature and clock hands.
This shall include, but not be limited to, any person, whether dressed in costume or not, directing
attention to a product, service, place or business by virtue of their physical location and related
acts.
SECTION 4: Section B-4 (b) of Chapter IX of the City of McHenry Zoning Code shall be
revised to read as follows:
"All Moving Signs. Certain moving signs may also constitute a public nuisance. See Sections 3-
3 and 34 of the Municipal Code of the City of McHenry."
SECTION 5: Section B4 (h) of Chapter IX of the City of McHenry Zoning Code shall be
revised to read a follows:
"Pennants, streamers, balloons, helium filled and inflatable objects, search lights, beacon lights,
except as otherwise permitted by or exempted from these regulations, but not to include public notice
signs required under this Ordinance.
SECTION 6: 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 7: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the
extent of such conflict.
SECTION 8: 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 2°d day of February, 2009.
Voting Aye: Santi, Glab, Schaefer, Wimmer, Condon.
Voting Nay: Murgatroyd.
Absent: Peterson.
Abstain: None.
Not Voting: None.
.01
Mayor Susan E. Low
ATTEST:
City er Janice C. Jones
i