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HomeMy WebLinkAboutOrdinances - MC-94-621 - 10/12/1994 - Ch 14 Misc Offenses Disorderly conduct et alDraft October 4, 1994 ORDINANCE NO. MC-94-621 An Ordinance Amending Chapter 14, Offenses - Miscellaneous, of the Municipal Code of the City of McHenry BE IT ORDAINED by the CITY COUNCIL of the CITY OF McHENRY, McHenry County, Illinois, as follows: SECTION 1: That Section 14-4, Disorderly conduct, of the Municipal Code of the City of McHenry, shall be amended to read as follows: Sec. 14-4. Disorderly conduct. No person shall engage in disorderly conduct in the City. A person commits disorderly conduct when he knowingly: (a) Does any act in such unreasonable manner as to alarm or disturb another and to provoke a breach of the peace; (b) Transmits in any manner to the fire department of any municipality or fire protection district a false alarm or fire, knowing at the time of such transmission that there is no reasonable ground for believing that such fire exists; (c) Transmits in any manner to another a false alarm to the effect that a bomb or other explosive of any nature is concealed in such place that its explosion would endanger human life, knowing at the time of such transmission that there is no reasonable ground for believing that such bomb or explosive is concealed in such place. (d) Transmits in any manner to any peace officer, public officer or public employee a report to the effect that an offense has been committed, knowing at the time of such transmission that there is no reasonable ground for believing that such an offense has been committed. (e) Enters upon the property of another and for a lewd or unlawful purpose and deliberately looks into a dwelling on the property through any window or other opening in it. Chapter 14 Amendment, Page 1 (f) With the purpose alarm, disorder, nuisance, he ing acts in a public place: Draft October 4, 1994 of causing public danger, commits any of the follow- (1) Commits an act in a violent manner toward another whereby that other person is placed in danger of his life or health; (2) Commits an act in a violent manner toward another whereby the property of any per- son is placed in danger of being dest- royed or damaged; (3) Causes, provokes or engages in any fight, brawl or riotous conduct so as to endan- ger the life, health or property of an- other; (4) Interferes with another's pursuit of a lawful occupation by acts of violence; (5) Obstructs, either singly or together with other persons, the flow of vehicular or pedestrian traffic and refuses to clear such public way when ordered to do so by a peace officer or other lawful authori- ty; (6) Incites, attempts to incite or is in- volved in attempting to incite a riot or unlawful disturbance; (7) Uses abusive language or threats to any peace officer or any other person when such words have a direct tendency to cause acts of violence. Words merely causing displeasure, annoyance or resent- ment are not prohibited; (8) Makes or causes to be made any loud, boisterous and unreasonable noise or disturbance to the annoyance of any other persons nearby, or near to any public highway, road, street, lane, alley, park, square or common, whereby the public peace is broken or disturbed, or the travelling public annoyed; Chapter 14 Amendment, Page 2 Draft October 4, 1994 (9) Fails to obey a lawful order to disperse by a peace officer where one or more persons are committing acts of disorderly conduct in the immediate vicinity, and the public health and safety is threat- ened; (10) Uses abusive or obscene language or makes an obscene gesture in public; (11) Assembles with three or more persons for the purpose of using force or violence to disturb the public peace; (12) Assemblies of three or more persons for the purpose of violating any provision of the Municipal Code of the City of McHenry; and (13) Appears in any public place and is under the influence of alcohol or controlled substance, to the degree that he may endanger himself or other persons or property, or alarm or disturb other per- sons in his vicinity. (g) 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 him or under his control; (h) Interrupts or disturbs any lawful assembly of people by making any loud or unusual noise, or by rude or indecent behavior, or by profane, obscene or improper discourse or conduct. (i) Engages in Mob Action. Mob action consists of any of the following: (1) The use of force or violence disturbing the public peace by two or more persons acting together and without authority of law; (2) The assembly of two or more persons to commit an unlawful act; or Chapter 14 Amendment, Page 3 Draft October 4, 1994 (3) The assembly of two or more persons, without authority of law, for the purpose of doing violence to the person or prop- erty of anyone supposed to have been guilty of a violation of the law, or for the purpose of exercising correctional powers or regulative powers over any person by violence. (i) 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 him or under his control. (j) 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 himself in a lewd, wanton or lascivious manner in speech or behavior. (k) Uses paint or other medium in any way to deface, damage or destroy property. (1) Penalty. Any person violating this Section 14- 4 shall be fined not less than $400.00 for each offense and be responsible for reimbursing the City's cost of prosecution including attorney fees incurred by the City. Each day that a violation continues shall be considered a separate offense. Restitution by the violator shall also be made to any property damaged or destroyed or person injured. SECTION 2: That Section 14-5, Disturbing the peace, of the Municipal Code of the City of McHenry, shall be repealed and that section number reserved. SECTION 3: That Section 14-61 Fighting, of the Municipal Code of the City of McHenry, shall be repealed and that section number reserved. SECTION 4: That Section 14-8-(d), Noise, of the Municipal Code of the City of McHenry, shall be repealed and the remaining subsections relettered (d) through (j). Chapter 14 Amendment, Page 4 Draft October 4, 1994 SECTION 5: That Section 14-10, Loitering, of the Municipal Code of the City of McHenry, shall be amended to read as follows: 14-10. Loitering. (a) Loitering Prohibited. It shall be unlawful for any person to loiter in or near any thoroughfare, place open to the public or near any public or private place in a manner under circumstances manifesting the purpose to engage in drug related activity contrary to any of the provisions of this Code or the State of Illinois Criminal Code of 1961, as amended. (b) Among the circumstances which may be considered in determining whether such purpose is "manifested" shall include but not be limited to: (1) Such person is a user, possessor or of this provision, user, possessor ox who has, within i arresting officer, court within this involving the use, any of the controll to in the Illinois as amended, or suc convicted of any v: sions of said Illi 1961. as amended. known unlawful drug seller. For purposes x "known unlawful drug seller" is a person he knowledge of the been convicted in any tate of any violation possession or sale of :d substances referred ;riminal Code of 1961, i person who has been olation of the provi- zois Criminal Code of ,r substantially simi- lar laws of any political subdivision of this state or of any other state; or a person who displays the physical charac- teristics of drug intoxication or usage, such as "needle tracks" or a person who possesses drug paraphernalia as defined in the Illinois Municipal Code of 1961, as amended; or (2) Such person is currently subject to an order prohibiting his presence in a high drug activity geographic area; or (3) Such person behaves in a manner as to raise reasonable suspicion that he is about to engage in or is then engaged in Chapter 14 Amendment, Page 5 Draft October 4, 1994 an unlawful drug related activity includ- ing, by way of example only, such person acting as a "lookout"; or (4) Such person is physically identified by the officer as a member of a "gang" or association which has, as one of its purposes, illegal drug activity; or (5) Such person transfers small objects or packages for currency in a secret manner; or (6) Such person takes flight upon the appear- ance of a police officer; or (7) Such person manifestly endeavors to con- ceal upon himself or herself any object which reasonably could be involved in an unlawful drug related activity; or (8) The area involved is by public repute known to be an area of unlawful drug use and trafficking; or (9) The premises involved have been reported to law enforcement as a place of suspect- ed gang activity. (10) Such person posses any instrument, arti- cle or thing whose customary or primary purpose is for the sale, administration or use of controlled substances such as, but not limit to, crack pipes, hand scales, hypodermic needles, razor blades or other cutting tools. (11) Any vehicle involved is registered to a known unlawful drug user, possessor or seller, or a person for whom there is an outstanding warrant for a crime involving drug -related activity. (c) Penalty. Any person violating this section shall be fined not less than $400.00 for each offense and be responsible for the City's cost of prosecution including attorney fees incurred by the City. Each day that a violation continues shall be considered a separate Chapter 14 Amendment, Page 6 Draft October 4, 1994 offense. Restitution by the violator shall also be made to any property damaged or destroyed or person injured. SECTION 6: That Section 14-11, Curfew, of the Municipal Code of the City of McHenry, shall be amended to read as follows: 14-11. Curfew. (a) It shall be unlawful for any person less than 17 years of age to be present or upon any public road, street, alley or park, or other lands used for public purposes or in any public place of business or amusement in the City at t e following times unless such person is accompanied an supervised by a parent, legal guardian or other responsi le companion at least 18 years of age approved by a parent or legal guardian or unless engaged in a business or occupation which the statutes of the state authorize a person less than 17 years of age to perform: (1) Between 12:01 a.m. and 6 a.m. Saturday; (2) Between 12:01 a.m. and 6 a.m. Sunday; and (3) Between 11 p.m. on Sunday to Thursday, inclusive, and 6 a.m. on the following day. (b) It shall be unlawful for a parent, legal guardian or other person to knowingly allow or permit a person in his custody or legal control to violate Section 14-11, above. (c) Penalty. Any person violating this section shall be fined not more than $100. 00 for each offense and be responsible for the Cityfs cost of prosecution including attorney fees incurred by the City. Each day that a violation continues shall be considered a separate offense. Restitution by the violator shall also be made to any property damaged or destroyed or person injured. SECTION 7: That Section 14-32, Vandalism, of the Municipal Code of the City of McHenry, shall be amended to read as follows: Chapter 14 Amendment, Page 7 14-32. Damaging Property. (a) No person shall damage, destroy or deface any City property private property without permission of Draft October 4, 1994 befoul, disturb, or any public or the owner. (b) Prohibited. It shall be unlawful, and is hereby declared a nuisance to place graffiti, or permit graffiti to remain upon any public or private curb stone, flagstone, brick, sidewalk or any portion of any part of any sidewalk or street, or upon any tree, lamp post, telephone pole, utility box, utility pole, stanchion, postal mail receptacle, sign, hydrant, fence, door, wall, window, garage or enclosure, vehicle, bridge, pier or upon any other public or private structure or building. (c) Graffiti Defined. Graffiti is any permanent display of any name, identification, letter, numeral, figure, emblem, insignia, picture, outline, character, spectacle, delineation, illustration, symbol or any combination thereof, which without authorization is marked, written, drawn, painted, scratched, inscribed or affixed, and which is a different color from the color of the exterior of those objects or structures described above and to which is affixed. (d) Penalty. Whoever violates any provision of Section 14.32 shall be fined not less than $400.00 for each offense and be responsible for the City's cost of prosecution including attorney fees incurred by the City. Each day that a violation continues shall be considered a separate offense. Restitution by the violator shall also be made to the owner of any property damaged or destroyed. Nothing herein shall preclude such additional civil remedies available to the person whose property has been damaged or destroyed. Each day any violation or any provision of this section shall continue shall constitute a separate violation. SECTION 8: That the Municipal Code of the City of McHenry shall be amended to add Section 14-34, Parental Responsibility, which shall read as follows: 14-34. Parental Responsibility. (a) It shall be unlawful for a parent or legal guardian of an unemancipated minor residing with such parent or legal guardian to knowingly allow or permit Chapter 14 Amendment, Page 8 Draft October 4, 1994 said minor to commit any violation of a City ordinance or state statute concerning vandalism, battery, fireworks, obscene conduct, trespass, possession of weapons or alcoholic liquor, curfew, disorderly street gang conduct, suspicious activity, or any other offense or willful or malicious acts to persons or property. (b) The parent or guardian responsible for the willful or malicious acts of the minor child pursuant to this Section 14-34, shall make full restitution to the injured or damaged party or parties within 10 days after notification of liability. Parents and guardians shall be responsible individually and jointly. (c) Penalty. Whoever violates any provision of Section 14.34 shall be fined not less than $400.00 for each offense and be responsible for the City's cost of prosecution including attorney fees incurred by the City. Each day that a violation continues shall be considered a separate offense. Restitution by the violator shall also be made to the owner of any property damaged or destroyed. Nothing herein shall preclude such additional civil remedies available to the person whose property has been damaged or destroyed. Each day any violation or any provision of this section shall continue shall constitute a separate violation. SECTION 9: That the Municipal Code of the City of McHenry shall be amended to add Section 14-35, street Gang Activity, which shall read as follows: 14-35. Street Gang Activity. (a) City Council Findings. (1) The City Council hereby finds and decla- res that it is the right of every person, regardless of race, color, creed, reli- gious, national origin, sex, age or dis- ability to be secure and protected from fear, intimidation and physical harm caused by the activities of violent groups and individuals. It is not the intent of this Ordinance to interfere with the exercise of the constitutionally protected rights of freedom of expression and association. The City Council hereby recognizes the constitutional right of every citizen to harbor and express be - Chapter 14 Amendment, Page 9 Draft October 4, 1994 liefs on any lawful subject whatsoever, to lawfully associate with others who share similar beliefs, to petition law- fully constituted authority for a redress of perceived grievances, and to partici- pate in the electoral process. (2) The City Council finds, however, that urban, suburban and rural communities, neighborhoods and schools throughout the State are being terrorized and plundered by street gangs. The City Council finds that there are now several hundred street gangs operating in Illinois, and that while their terrorism is most widespread in urban areas, street gangs are spread- ing into suburban and rural areas of Illinois, including McHenry County. (3) The City Council further finds that street gangs are often controlled by criminally sophisticated adults who take advantage of our youth by intimidating and coercing them into membership by employing them as drug couriers and run- ners, and by using them to commit brutal crimes against persons and property to further the financial benefit to and dominance of the street gang. (4) Street gang activity presents a clear and present danger to public order and safety and is not constitutionally protected. No society is or should be required to endure such activities without redress. Accordingly, it is the intent of the City Council, by enacting this ordinance, to prohibit street gang related activity. (b) For the purpose of this Section 14-35, "street gang" or "gang" is defined as any ongoing organization, association in fact or group of three or more persons, whether formally or informally organized, or any sub- group or affiliated group thereof, having as one of its activities the commission of criminal or illegal acts, including by way of example only and not in anyway limiting or specifying, illegal drug distribution, and whose members individually or collectively engage in or have engaged in a pattern of criminal or illegal acts, Chapter 14 Amendment, Page 10 Draft October 5, 1994 and which group frequently, though not necessarily, claim one or more particular geographic territory or "turf" exclusively as its realm of influence and operations. (c) It shall be unlawful for any person within the City to knowingly use, display or wear colors, emblems or insignia on or about their person in public for the purpose of promoting any street gang activity. (d) It shall be unlawful for any person within the City to knowingly do or make any act, utterance, gesture or display for the purpose of communicating membership of, affiliation with, association with, support of, identification with, sympathy toward or affront or insult toward any street gang, or with actual knowledge that the subject act, utterance, gesture or display is used and recognized as communicative of street gang membership, affiliation, association, support, identification, sympathy or affront. (e) Penalty. Any person violating this section shall be fined not less than $400.00 for each offense and be responsible for the City's cost of prosecution including attorney fees incurred by the City. Each day that a violation continues shall be considered a separate offense. SECTION 10: That the Municipal Code of the City of McHenry shall be amended to add Section 14-36, Alcoholic Beverages, which shall read as follows: 14.36. Alcoholic Beverages. (a) Intoxicating Liquors. Any officer having personal knowledge or reasonable information that intoxicating liquors are being kept in violation of law in any place, shall search such suspected place, and if such officer or person finds upon the premises intoxicat- ing liquors he shall seize the same, together with the vessels in which they are contained, and all implements and furniture used in connection with such liquors in the illegal keeping, bargaining, selling, exchanging, giving away or carrying the same, and any wagon, automobile, vehicle, contrivance, thing or device used in conveying said liquors or kept for the purpose of violating this Ordinance, and shall arrest any person or persons in charge of such place, or aiding in any manner in carrying on the business conducted in such place. Chapter 14 Amendment, Page 11 Draft October 4, 1994 (b) Public Property. Consumption or possession of any alcoholic liquors, including beer and wine, at anytime in any public park, street, alley or public place owned, controlled or operated by the City is prohibited. (c) Penalty. Any person violating this section shall be fined not less than $400.00 for each offense and be responsible for the City's cost of prosecution including attorney fees incurred by the City. Each day that a violation continues shall_ be considered a separate offense. SECTION 11: That Article III, Weapons, of Chapter 14 (Sections 14-64 through 14-68) of the Municipal Code of the City of McHenry, shall be amended to read as follows: 14-64. Weapons. (a) Weapons: Unless authorized by law, no person shall wear under his clothing, or conceal about 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. (b) Discharge of Firearms: No person shall discharge any firearms in the City. In addition to those firearms defined by the Illinois Compiled Statutes, for purposes of this section, firearms shall include pump air rifles, potato guns, CO2 pellet guns and any other device capable of discharging a projectile if used with intent to inflict harm to person or property or to assault or threaten harm to a person or property or when used in a reckless manner. (c) Display and Sale of Specified Weapons: No pawnbroker, second-hand dealer or other person engaged in business in the City shall display or place on exhibition in any show window or other window facing upon any street, any pistol, revolver or other firearm, with a barrel less than 12 inches in length, or any brass or metal knuckles, or any club loaded with lead or other weight, or any blackjack or billy club. Weapons dis- played for sale shall be incapable of firing. In non - Chapter 14 Amendment, Page 12 Draft October 4, 1994 business hours said weapons shall be stored in a secured and locked vault, safe or security box. (d) Penalty. Any person violating this section shall be fined not less than $400.00 for each offense and be responsible for the City's cost of prosecution including attorney fees incurred by the City. Each day that a violation continues shall be considered a separate offense. Restitution by the violator shall also be made to any property damaged or destroyed or person injured. SECTION 12: That Section 14,75, Definitions, of Article IV, Drug Paraphernalia, of the Municipal Code of the City of McHenry, shall be amended to read as follows: 14.75. Definitions. (a) Definition. The term "drug paraphernalia" means all equipment, products and materials of any kind which are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance as defined in 720 ILCS 550/3 et seq. and 720 ILCS 570/202 through 212, as amended. It includes, but is not limited to: (1) Kits used, intended for use or designed for use in planting, propagating, culti- vating, growing or harvesting of any species of plant which is a controlled substance or cannabis or from which a controlled substance or cannabis can be derived; (2) Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substance or canna- bis; (3) Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance or cannabis; Chapter 14 Amendment, Page 13 Draft October 4, 1994 (4) Testing equipment used, intended for use or designed for use in identifying, or in analyzing the strength effectiveness or purity of controlled substances or canna- bis; (5) Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances or canna- bis; (6) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dext- rose and lactose, used, intended for use or designed for use in cutting controlled substances or cannabis; (7) Separation gins and sifters used, intend- ed for use or designed for use in remov- ing twigs and seeds from, or in otherwise cleaning or refining marijuana; (8) Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding con- trolled substances or cannabis; (9) Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quan- tities of controlled substances or canna- bis; (10) Containers and other objects used, in- tended for use or designed for use in storing or concealing controlled substan- ces or cannabis; (11) Objects used, intended for use or desig- ned for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish oil into the human body, such as: a. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls; Chapter 14 Amendment, Page 14 Draft October 4, 1994 b. Water pipes; C. Carburization tubes and devices; d. Smoking and carburization masks; e. Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand; f. Chamber pipes; g. Carburetor pipes; h. Electric pipes; i. Air -driven pipes; j. Chillums; k. Bongs; and 1. Ice pipes or chillers. (b) In determining whether an object is drug parapherna- lia, a court or other authority should consider, in addition to all other logically relevant factors, the following: (1) Statements by an owner or by anyone in control of the object concerning its use; (2) Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any con- trolled substances; (3) The proximity of the object, in time and space, to a direct violation of this Article; (4) The proximity of the object to controlled substances; (5) The existence of any residue of controlled substances on the object; (6) Direct or circumstantial evidence of the E intent of an owner, or of anyone in control of Chapter 14 Amendment, Page 15 Draft October 4, 1994 the object, to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of this Article; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this Article, shall not prevent a finding that the object is intended for use, or designed for use as drug parapher- nalia; (7) Instructions, oral or written, provided with the object concerning its use; (8) Descriptive materials accompanying the object which explain or depict its use; (9) National and local advertising concerning its use; (10) The manner in which the object is displayed for sale; (11) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products; (12) Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise; (13) The existence and scope of legitimate uses for the object in the community; and (14) Expert testimony concerning its "use." (c) It shall be unlawful for any person to sell, offer for sale, display, furnish, supply or give away any cocaine spoon, marijuana pipe, hashish pipe or any drug paraphernalia. (d) The prohibition contained in this Section shall not apply to manufacturers, wholesalers, jobbers, licensed medical technicians, technologists, nurses, hospitals, research teaching institutions, clinical laboratories, medical doctors, osteopathic physicians, dentists, chiropractors and podia- trists, veterinarians, pharmacists or embalmers in the normal lawful course of their respective businesses or professions, nor to common carriers or warehousers or their employees Chapter 14 Amendment, Page 16 Draft October 4, 1994 engaged in the lawful transportation of such paraphernalia, nor to public officers or employees while engaged in the performance of their official duties, nor to persons suffering from diabetes, asthma or any other medical condition requiring self injection. (e) Penalty. Whoever violates any provision of Section 14.75 shall be fined not less than $400.00 for each offense and be responsible for the City's cost of prosecution including attorney fees incurred by the City. Each day that a violation continues shall be considered a separate offense. Restitution by the violator shall also be made to the owner of any property damaged or destroyed. Nothing herein shall preclude such additional civil remedies available to the person whose property has been damaged or destroyed. Each day any violation or any provision of this section shall continue shall constitute a separate violation. SECTION 13: That Section 14-76, Sale, etc., of drug parapher- nalia prohibited; exceptions, of the Municipal Code of the City of McHenry, shall be repealed and that section number reserved. SECTION 14: That the Municipal Code of the City of McHenry shall be amended to add Section 14-77, Persons Responsible for Unlawful Activities on their Premises, which shall read as follows: 14.77 Persons Responsible for Unlawful Activities on their Premises. (a) It shall be unlawful for any person or persons who are the owners or occupants of any premises to allow, initiate or maintain any gathering on that premises in which tenants, invitees, visitors or trespassers engage in any unlawful activity. Unlawful activity shall include, but not be limited to, violations of any sections of Chapter 14 of this Code. A person will be deemed to have permitted the gathering if that person is on the premises while the unlawful activity is occurring and has not informed the police thereof. For purposes of this section only, a gathering shall consist of two or more persons who are not occupants or owners of the premises. (b) Any person violating any section of this Ordinance shall be fined not less than $400.00 for each offense and be responsible for the City's cost of prosecution including attorney fees incurred by the City. Each day that a violation continues shall be considered Chapter 14 Amendment, Page 17 Draft October 4, 1994 a separate offense. Restitution by the violator shall also be made to any property damaged or destroyed or person injured. SECTION 15: 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 16: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 17: 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• Bolger, Locke, Bates, Lawson, Baird Voting Nay: None Absent: None Abstain: None APPROVED: r Steven J. Cuda (SEAL) ATTEST: City Clerk Pamlla J. A off Passed: October 12. 1994 Approved: October 12, 1994 Chapter 14 Amendment, Page 18