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.
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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.
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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