HomeMy WebLinkAboutOrdinances - MC-16-1133 - 09/06/2016 - CHP 21 ARTICLE VII CURBSIDE MAILBOXESORDINANCE NO. MC-16-1133
AN ORDINANCE AMENDING CHAPTER 21, STREETS AND SIDEWALKS
OF 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: Chapter 21, Streets and Sidewalks, is amended with the addition of Article
VII, as follows with the formatting to be coordinated by the City Administrator:
ARTICLE VII
CURBSIDE MAILBOXES
Sec. 21-115. Definitions
Curbside Mailbox: Defined as any design made to be served by a carrier from a vehicle on any
city, rural or highway contract route. This standard is not applicable to mailboxes intended for
door delivery service.
Sec.21-116. Mailboxes.
A. Only one (1) curbside mailbox per residence or per nonresidential lot may be placed
within the city right-of-way except for multiple user mailboxes approved by the United
States Postal Service. All curbside mailboxes placed within city right-of-way shall
conform to the following regulations:
B. Mailbox shall be maintained by the property owner in good condition at all times,
including prompt repair of any element in need of repair.
C. Mailbox may not be rebuilt, enlarged, or moved unless it is in conformance with the
regulations as outlined in this Ordinance.
D. Mailbox shall be removed from the city right-of-way immediately after the building it
serves has closed or been removed or relocated.
E. Mailbox shall be removed from the right-of-way immediately if the city determines in the
exercise of its sole discretion that such mailbox poses a particular threat to public safety.
Sec. 21-117. Permitted Models.
A. Manufacturers whose mailboxes have been approved by the United States Postal Service
and that meet United States Postmaster (PMG) guidelines.
B. Any curbside mailbox installed as of September 7, 2016, shall conform to the
specifications as described herein. Nonconforming mailboxes installed prior to
September 7, 2016, must serve an occupied dwelling, business, or institution and may
remain at the present location until or unless such mailbox is destroyed, damaged,
deteriorated, or not properly maintained.
Sec. 21-118. Support Structure.
A. Curbside mailboxes permitted within the city right of way shall be mounted on a wooden
post no smaller than four (4) inches by four (4) inches and firmly secured in the ground.
Alternate materials used for mailbox support structure must be approved by City
Administrator and/or Director of Public Works. Use of masonry columns is prohibited.
B. As of September 7, 2016, if an existing support structure consists of a masonry column,
concrete structure, railroad rails or ties, or object such as but not limited to a tractor
wheel, plow blade, milk can, barrel, lawn tractor, or any similar device; under no
circumstances shall it be permitted to be reconstructed, replaced, moved, or repaired.
C. Structures erected on the parkway to protect mailboxes such as large boulders, steel
beams, concrete structures, brick structures or similar devices are prohibited.
D. Mailboxes that do not conform to the provisions of this Ordinance shall be removed.
Sec. 21-119. Placement Requirements.
Placement of curbside mailboxes within any city right-of-way except when required by federal
law or regulations for delivery of United States mail, is not permitted. The placement and
construction of mailboxes and supporting structures in the public streets shall be deemed a
revocable license to the owner and shall confer no property right or interest in the public street,
except as provided in this Ordinance.
A. Mailboxes and support structures shall be installed within but not closer than six (6) to
eight (8) inches from the edge of the street pavement or the back of the street curb where
such curb exits.
B. The bottom surface of the mailbox shall be not less than forty-one (41) inches and not
more than forty-five (45) inches from the ground surface, as illustrated in Figure 1:
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Figure 1
C. Curbside Mailboxes and support structures shall not be installed within ten (10) feet of
the point of curvature at any street intersection as illustrated in Figure 2.
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See. 21-120. Damaged Mailboxes.
A. In the event there is damage to any mailbox that conforms to the standards set forth in
this Ordinance as a result of and caused by snow removal activities conducted by the city,
the city shall not be responsible for any cost of repair or replacement thereto in excess of
fifty -dollars ($50.00). Any such reimbursement of cost to the owner of a damaged
mailbox shall be made only upon the presentation of satisfactory evidence of sales
receipts for materials used in such repair and replacement. All labor or cost of labor to
install or reinstall said mailbox shall be the responsibility of the owner of the mailbox.
Mailboxes damaged by the city will be replaced with mailboxes that conform to the
standards outlined in this Ordinance.
B. The city shall not be responsible for mailboxes damaged or knocked -down by snow
coming off the city plow and not a direct result of the plow blade striking the mailbox or
support structure.
C. Landscaping and planting materials added to the parkway around mailboxes or on
parkways will be the sole responsibility of the property owner.
SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this
Ordinance shall be adjudged by any Court of competent jurisdiction to be 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 3: All ordinances or parts of ordinances in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 4: This Ordinance shall be in full force and effect upon its passage, approval
and publication in pamphlet form (which publication is hereby authorized) as provided by law.
PASSED AND APPROVED THIS 6th-DAY OF SEPTEMBER 2016.
Voting Aye: PETERSON, CURRY, SCHAEFERI GLAB, SANTI
Voting Nay: CONDON
Not Voting: NONE
Abstain: NONE
Absent: W MER
Mayor Susan E. Low
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Deputy Cit
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