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HomeMy WebLinkAboutOrdinances - MC-16-1134 - 09/06/2016 - CHP 21 ARICLE VI SNOW AND ICEORDINANCE NO. MC-16-1134 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 VI, as follows with the formatting to be coordinated by the City Administrator: ARTICLE VI SNOW AND ICE Sec. 21-112. Definitions: Roadway: That portion of a street or highway improved, designed, or ordinarily used for public vehicular travel, exclusive of the berm or shoulder. Sidewalk: That portion of a street between the curb line, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians. Street or Highway: The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. Sec. 21-113. Deposits Restricted. It is unlawful for any person to deposit or cause to be deposited any snow and/or ice from private property on or against a fire hydrant, or on any public sidewalk, public roadway, or loading and unloading areas of a public transportation system, including the windrowing of snow and ice upon the curbs of public streets, roadways and highways. Provided snow and ice may be windrowed on curbs incident to the cleaning of public roadways. Sec. 21-114. Penalties. Any person who violates any provision of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined as provided under General Penalty in Chapter 1, Sec 1-8 of this code. Each day such violation of this Code continues or is permitted to continue, will constitute a separate offense. 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 6DAY OF SEPTEMBER 2016. Voting Aye: CONDON, CURRY, SCHAEFER, GLAB, SANTI Voting Nay: PETERSON Not Voting: NONE Abstain: NONE Absent: WINNER Mayor Susan E.