CHAPTER 1

ADMINISTRATION

ARTICLE I – GENERAL CODE PROVISIONS

DIVISION I – TITLE

1-1-1 TITLE. Upon the adoption by the Village Board of Trustees, this Village Code is hereby declared to be and shall hereafter constitute the official “Revised Code of Ordinances of the Village”. The Revised Code of Ordinances shall be known and cited as the “Village Code”, and it is hereby published by authority of the Village Board and shall be kept up-to-date as provided in Section 1-1-3 under the direction of the Village Attorney, acting for said Village Board. Any reference to the number of any section contained herein shall be understood to refer to the position of the same number, its appropriate chapter and article heading and to the general penalty clause relating thereto as well as to the section itself when reference is made to this Village Code by title in any legal document. (See 65 ILCS Sec. 5/1-2-3)

1-1-2 ACCEPTANCE. The Village Code as hereby presented in printed form shall hereafter be received without further proof in all courts and in all administrative tribunals of this State as the ordinances of the Village of general and permanent effect, except the excluded ordinances enumerated in Section 1-1-8. (See 65 ILCS Sec. 5/1-2-6)

1-1-3 AMENDMENTS. Any ordinance amending this Village Code shall set forth the article, chapter, and section number of the section or sections to be amended, and this shall constitute a sufficient compliance with any statutory requirement pertaining to the amendment or revision by ordinance of any part of this Village Code. All such amendments or revisions by ordinance shall be immediately forwarded to the codifiers and the ordinance material shall be prepared for insertion in its proper place in each copy of this Village Code. Each such replacement page shall be properly identified and shall be inserted in each individual copy of the Village Code on an annual basis. (See 65 ILCS Sec. 5/1-2-3)

1-1-4 CODE ALTERATION. It shall be deemed unlawful for any person to alter, change, replace or deface in any way, any section or any page of this Code in such a manner that the meaning of any phrase or order may be changed or omitted. Replacement pages may be inserted according to the official instructions when so authorized by the Village Board. The Clerk shall see that the replacement pages are properly inserted in the official copies maintained in the office of the Clerk.

Any person having in his custody an official copy of this Code shall make every effort to maintain said Code in an up-to-date and efficient manner. He shall see to the immediate insertion of new or replacement pages when such are delivered to him or made available to him through the office of the Village Clerk. Said Code books, while in actual possession of officials and other interested persons shall be and remain the property of the Village and shall be returned to the office of the Clerk upon termination of office or separation of duties.

1-1-5 JURISDICTION. Unless otherwise provided herein, this Code applies to acts performed within the corporate limits of the Village. Provisions of this Code also apply to acts performed outside the corporate limits and up to the limits prescribed by law, where the law confers power on the Village to regulate such particular acts outside the corporate limits.

1-1-6 – 1-1-7 RESERVED.

DIVISION II – SAVING CLAUSE

1-1-8 REPEAL OF GENERAL ORDINANCES. All general ordinances of the Village passed prior to the adoption of this Code are hereby repealed, except such as are referred to herein as being still in force or are, by necessary implication, herein reserved from repeal [subject to the saving clauses contained in the following sections], from which are excluded the following ordinances, which are not hereby repealed:

Tax Levy Ordinances; Appropriation Ordinances; Ordinances Relating to Boundaries and Annexations; Franchise Ordinances and other Ordinances Granting Special Rights to Persons or Corporations; Contract Ordinances and Ordinances Authorizing the Execution of a Contract or the Issuance of Warrants; Ordinances Establishing, Naming, or Vacating Streets, Alleys, or Other Public Places; Improvement Ordinances; Bond Ordinances; Ordinances Relating to Elections; Ordinances Relating to the Transfer or Acceptance of Real Estate by or from the Village; and all Special Ordinances.

1-1-9 PUBLIC UTILITY ORDINANCES. No ordinance relating to railroads or railroad crossings with streets and other public ways or relating to the conduct, duties, service or rates of public utilities shall be repealed by virtue of the adoption of this Code or by virtue of the preceding section, excepting as this Code shall be considered as amending such ordinance or ordinances in respect to such provisions only.

1-1-10 COURT PROCEEDINGS. No new ordinance shall be construed or held to repeal a former ordinance, whether such former ordinance is expressly repealed or not, as to any offense committed against such former ordinance or as to any act done, any penalty, forfeiture or punishment so incurred, or any right accrued or claim arising under the former ordinance, or in any way whatever to affect any claim arising under the former ordinance or in any way whatever to affect any such offense or act so committed or so done, or any penalty, forfeiture or punishment so incurred or any right accrued or claim arising before the new ordinance takes effect, save only that the proceedings thereafter shall conform to the ordinance in force at the time of such proceeding, so far as practicable. If any penalty, forfeiture or punishment be mitigated by any provision of a new ordinance, such provision may be, by the consent of the party affected, applied to any judgment announced after the new ordinance takes effect.

This Section shall extend to all repeals, either by express words or implication, whether the repeal is in the ordinance making any new provisions upon the same subject or in any other ordinance.

Nothing contained in this Chapter shall be construed as abating any action now pending under or by virtue of any general ordinance of the Village herein repealed and the provisions of all general ordinances contained in this Code shall be deemed to be continuing provisions and not a new enactment of the same provision; nor shall this Chapter be deemed as discontinuing, abating, modifying or altering any penalty accrued or to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the Village under any ordinance or provision thereof in force at the time of the adoption of this Code.

1-1-11 SEVERABILITY OF PROVISIONS. Each section, paragraph, sentence, clause and provision of this Code is severable, and if any provision is held unconstitutional or invalid for any reason, such decision shall not affect the remainder of this Code, nor any part thereof, other than that part affected by such decision.

1-1-12 VILLAGE CLERK’S CERTIFICATE. The Village Clerk’s Certificate shall be substantially in the following form:

VILLAGE CLERK’S CERTIFICATE

STATE OF ILLINOIS )

COUNTY OF CLAY ) ss. VILLAGE CLERK’S OFFICE

VILLAGE OF LOUISVILLE )

I, (NAME OF VILLAGE CLERK), Village Clerk of the Village of Louisville, Illinois, do hereby certify that the following Revised Code of Ordinances of the Village of Louisville, Illinois of 2003, published by authority of the Village Board of Trustees were duly passed by the Village Board of Trustees of the Village of Louisville, Illinois, approved by the Mayor and published in book form according to law on this date, and that these ordinances are true and perfect copies of the ordinances, as passed, approved and now of record and on file in my office as provided by law.

In witness whereof, I have set my hand and affixed the corporate seal of the Village of Louisville, Illinois, this 9th day of September, 2004.

______________________________

(NAME OF VILLAGE CLERK)

VILLAGE CLERK

VILLAGE OF LOUISVILLE

(SEAL)

1-1-13 – 1-1-14 RESERVED.

DIVISION III – DEFINITIONS

1-1-15 CONSTRUCTION OF WORDS. Whenever any word in any section of this Code, importing the plural number is used in describing or referring to any matters, parties or persons, any single matter, party or person shall be deemed to be included, although distributive words may not have been used.

When any subject matter, party or person is referred to in this Code by words importing the singular number only, or the masculine gender, several matters, parties or persons and females as well as males and bodies corporate shall be deemed to be included; provided that these rules of construction shall not be applied to any section of this Code which contains any express provision excluding such construction or where the subject matter or content may be repugnant thereto.

1-1-16 DEFINITIONS. Whenever the following words or terms are used in this Code, they shall have the meanings herein ascribed to them unless the context makes such meaning repugnant thereto:

“AGENT”, as used in this Code shall mean a person acting on behalf of another.

“BOARD OF TRUSTEES”, unless otherwise indicated shall mean the Mayor and the Board of Trustees of the Village of Louisville.

“CODE” OR “THIS CODE”, shall mean the “Revised Code of Ordinances of the Village of Louisville”.

“CORPORATE AUTHORITIES” shall mean the Mayor and the Village Board of Trustees. (See 65 ILCS Sec. 5/1-1-2(2))

“COUNTY” shall mean the County of Clay.

“EMPLOYEES” shall mean the following: Whenever reference is made in this Code to a Village employee by title only, this shall be construed as though followed by the words “of the Village”.

“FEE” OR “FEES” as used in this Code shall mean a sum of money charged by the Village for carrying on of a business, profession or occupation.

“FISCAL YEAR”. The “fiscal year” for the Village shall begin on May 1st of each year and end on April 30th of the following year. (See 65 ILCS Sec. 5/1-1-2[5])

“KNOWINGLY” imports only a knowledge that the facts exist which bring the act or omission within the provisions of this Code. It does not require any knowledge of the unlawfulness of such act or omission.

“LEGAL HOLIDAY” shall mean the holidays as authorized and recognized by the Village Board in the employee agreement.

“LICENSE” as used in this Code shall mean the permission granted for the carrying on of a business, profession or occupation.

“MAYOR” as used in this Code shall mean the Village President or President of the Village Board of Trustees. (See 65 ILCS Sec. 5/1-1-2.1)

“MISDEMEANOR” as used in this Code shall mean any offense deemed a violation of the provisions of this Code which is a lesser offense than a felony as defined by state law.

“NEGLECT”, “NEGLIGENCE”, “NEGLIGENT” AND “NEGLIGENTLY” import a want of such attention to the nature of probable consequences of the act of omission as a prudent man ordinarily bestows in acting in his own concern.

“NUISANCE” shall mean anything offensive or obnoxious to the health and welfare of the inhabitants of the Village or any act or thing repugnant to or creating a hazard to or having a detrimental effect on the property of another person or to the community.

“OCCUPANT” as applied to a building or land shall include any person who occupies the whole or any part of such building or land whether alone or with others.

“OFFENSE” shall mean any act forbidden by any provision of this Code or the omission of any act required by the provisions of this Code.

“OFFICERS AND EMPLOYEES”. Whenever reference is made in this Code to a Village Officer or employee by title only, this shall be construed as though followed by the words “of the Village” and shall be taken to mean the officer or employee of this Village having the title mentioned or performing the duties indicated.

No provision of this Code designating the duties of any officer or employee shall be so construed as to make such officer or employee liable for any fine or penalty provided in this Code for a failure to perform such duty, unless the intention of the Village Board to impose such a fine or penalty on such officer or employee is specifically and clearly expressed in the section creating the duty.

“OFFICIAL TIME”. Central Standard Time shall be the official time for the transaction of Village business, except during applicable Daylight Savings Time set by National or State standards when the official time shall be advanced one (1) hour. All clocks and other timepieces in or upon public buildings or other premises maintained by or at the expense of the Village shall be set and run at the official time prescribed by this paragraph.

“OPERATOR” as used in this Code shall mean the person who is in charge of any operation, business or profession.

“OWNER” as applied to a building or land shall include any part-owner, joint-owner, tenant-in-common, joint-tenant or lessee of the whole or of a part of such building or land.

“PERSON” shall mean any natural individual, firm, trust, partnership, association, or corporation in his or its own capacity as administrator, conservator, executor, trustee, receiver or other representative appointed by the Court. Whenever the word “person” is used in any section of this Code prescribing a penalty or fine as applied to partnerships or any such word as applied to corporations, it shall include the officers, agents, or employees thereof who are responsible for any violation of said section.

“PERSONAL PROPERTY” shall include every description of money, goods, chattels, effects, evidence of rights in action and all written instruments by which any pecuniary obligation, right or title to property is created, acknowledged, transferred, increased, defeated, discharged or diminished and every right or interest therein.

“RETAILER” as used in this Code, unless otherwise specifically defined, shall be understood to relate to the sale of goods, merchandise, articles or things in small quantities direct to the consumer.

“STATE” OR “THIS STATE” unless otherwise indicated shall mean the “State of Illinois”.

“STREET” shall include alleys, lanes, courts, boulevards, public squares, public places and sidewalks.

“TENANT” as applied to a building or land shall include any person who occupies the whole or any part of such building or land, whether alone or with others.

“WHOLESALER” AND “WHOLESALE DEALER” as used in this Code unless otherwise specifically defined, shall be understood to relate to the sale of goods, merchandise, articles, or things in quantity to persons who purchase for the purpose of resale.

“WILLFULLY” when applied to the intent with which an act is done or omitted implies simply a purpose or willingness to commit the act or make the omission referred to. It does not require any intent to violate law, or to injure another, or to acquire an advantage.

“WRITTEN” AND “IN WRITING” may include printing and any other mode of representing words and letters, but when the written signature of any person is required by law to any official or public writing or bond required by law, it shall be in the proper handwriting of such person, or in case he is unable to write, by his proper mark.

(In Part 65 ILCS Sec. 5/1-1-2)

1-1-17 CATCHLINES. The catchlines of the several sections of this Code are intended as mere catchwords to indicate the content of the section and shall not be deemed or taken to be titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.

1-1-18 – 1-1-19 RESERVED.

DIVISION IV – GENERAL PENALTY

1-1-20 PENALTY.

(A) Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Village Municipal Code is guilty of a petty offense, except as may be otherwise prescribed herein. Any person convicted of a violation of any provision of this Municipal Code shall be fined not less than One Hundred and Twenty Dollars ($120.00) nor more than Seven Hundred Fifty Dollars ($750.00) for any one (1) offense, unless said provision prescribes a different range of penalties, in which case those penalties as prescribed by the specific provision violated shall be utilized.

(B) Any minor or person designated a juvenile by this State convicted of a violation of any provision of the Municipal Code of the Village shall be fined not less than One Hundred and Twenty Dollars ($120.00) nor more than Seven Hundred Fifty Dollars ($750.00) for any one (1) offense, but may not be confined except by provisions of the Juvenile Court Act of the State of Illinois.

(C) Whoever commits an offense against the Village or aids, abets, counsels, commands, induces or procures its commission is punishable as a principal.

(D) Whoever willfully causes an act to be done which, if directly performed by him or another would be an offense against the Village, is punishable as a principal. In regard to any corporation, partnership, joint venture, limited liability company, association, secular or religious organization, or any other legal entity, other than a natural person, which legally owns, possesses or occupies any real or personal property located within the Village, any person who is a director, trustee, officer, employee, agent, or stockholder of such entity or who is a member of any body or council which has authority over any such entity and who as such person in regard to any such property engages in any activities prohibited by this Municipal Code or who as such person fails to act as may be required by this Code or who as such person directs or knowingly permits any other person to violate any provisions of this code or to fail to comply with any of the requirements of this Code shall be personally guilty of a petty offense, punishable according to the provisions of the General Penalty Division of Article I – General Code Provisions of this Code, and shall also be personally subject to all punishments, liabilities and remedies as are noted in said General Penalty Division. Additionally, any such entity on whose behalf said person was so acting or failed to so act shall also be deemed as violating the Code provisions at issue and therefore shall be subject to all such punishments, liabilities and remedies. (Ord. No 684 – 9/8/2011; Ord. No 689 – 11/10/2011)

(E) If any provision of this Municipal Code indicates that the owner of any real or personal property located in the Village may be held liable for the doing or not doing of any act which constitutes a violation of any said provision, then any possessor, occupant or tenant of said real or personal property may also be held liable with said owner for said violation, and said possessor, occupant or tenant shall be jointly and severally liable for any penalties as herein or hereafter established, and said owner, possessor, occupant and/or tenant shall be jointly and severally subject to any remedies, including suits in equity, provided herein. For purposes of assessing the penalties described herein, the identification of owners, possessors, occupants and tenants may be made based upon facts that a reasonably prudent person would rely upon in the conduct of his business.

(F) Guilty Plea No Court Appearance. All municipal ordinance offenses may be satisfied without a court appearance by written plea of guilty and payment of the minimum fine by the deadline date specified in the citation or summons served upon the violator, plus court courts if the same are prescribed by court rules, unless a court appearance is required by the ordinance violated or unless the citation or summons served upon the violator requires that a court appearance is mandatory or unless a notice of hearing is issued to the violator prior to such payment, in which case the Village may request the Court to assess the violator, if convicted, a penalty in the amount the Village deems appropriate within the range of penalties herein prescribed or as may be prescribed by the Village Code section which has been violated, as the case may be. (See 65 ILCS Sec. 5/1-2-7 and 5/1-2-8) (Ord. No 689 – 11/10/2011)

(G) Community Service. A penalty imposed for the violation of any provision of this Municipal Code of this Village may include, or consist of, a requirement that the defendant perform some reasonable public service work such as but not limited to the picking up of litter in public parks or along public highways or the maintenance of public facilities.

(Ord. No. 671 – 02/10/11)

1-1-21 SERVICE BY CERTIFIED MAIL. In all actions for violation of any provision of this Municipal Code where the fine would not be in excess of Seven Hundred Fifty Dollars ($750.00) and no jail term could be imposed, service of summons may be made by the Municipal Clerk by certified mail, return receipt requested, or personal service whether service is to be within or without the State. (See 65 ILCS Sec. 5/1-2-9.1) (Ord. No. 670 – 01/13/11)

1-1-22 APPLICATION.

(A) The provisions of this Article shall be applicable to every section of this Municipal Code, the same as though it were a part of each and every separate section, in addition to any other remedies or penalties that might be prescribed in any particular section of this Municipal Code. Any person convicted of a violation of any provision of this Municipal Code, where any duty is prescribed or obligation imposed, or where any act or omission of any act is declared to be unlawful, shall be deemed guilty of a petty offense. A separate offense shall be deemed committed upon each day such duty or obligation remains unperformed or such act or omission of such act continues, unless otherwise specifically provided for in this Municipal Code. A separate notice and citation and/or summons shall not be required for each day of violation that is of a continuing nature, but rather the initial notice and citation and/or summons shall be sufficient due notice for each subsequent day of violation of a continuing nature.

(B) In all cases where the same offense is made punishable or is created by different clauses or sections of different section of this Municipal Code, the prosecuting officer may elect under which to proceed against the same person for the same offense; provided that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced.

(C) Whenever the doing of any act or the omission to do any act constitutes a breach of any section or provision of this Municipal Code, and there shall be no fine or penalty specifically declared for such breach, the provisions of Article shall apply and a separate offense shall be deemed committed upon each day during or on which a breach or violation occurs or continues. (Ord. No. 670 – 01/13/11)

1-1-23 LIABILITY OF OFFICERS. The failure of any officer or employee of the village to perform any official duty imposed by provision of this Municipal Code shall not subject such officer or employee to the penalty imposed for violation of this Municipal Code, unless a penalty is specifically provided for . (Ord. No 684 – 9/8/2011)

1-1-24 REMEDIES. The Village may utilize any remedy afforded to it by any other provision of this Municipal Code or by any relevant statute in order to enforce the provisions of its Municipal Code and to prevent and/or abate violations of its Municipal Code. Additionally, the Village may bring a suit in equity to require the offender to prevent and/or abate the violation or to allow the Village to prevent and/or abate the violation itself in a suitable manner even though such manner might not be otherwise specified or authorized by its Municipal Code or by statute.

(Ord. No. 671 – 02/10/11)

1-1-25 LIABILITY FOR EXPENSES. Any persons or entities violating any of the provisions of this Municipal Code shall become liable to the Village for any expense, loss or damage occasioned the Village by reason of such violation or by reason of the Village’s prevention or abatement of such violation or enforcement of such provisions, including any attorney fees that might be expended by the Village to prosecute violations of its Municipal Code or to seek prevention or abatement of such violations or enforcement of said provisions. (Ord. No. 670 – 01/13/11)

1-1-26 LICENSE. When a person convicted of a violation of any Section of this Code, any license previously issued to him by the Village may be revoked by the court or by the Village Board. (Ord. No. 671- 02/10/11)

ARTICLE II – VILLAGE OFFICIALS

DIVISION I – VILLAGE BOARD OF TRUSTEES

1-2-1 COMPOSITION AND GENERAL POWERS. The Village Board shall consist of six (6) Trustees, elected in conformity with this Code and State laws governing elections in villages and shall have such powers as are granted by Chapter 65, Illinois Compiled Statutes, as amended. The term of office shall be for four (4) years or until their successors are elected and have qualified. (See 65 ILCS Sec. 5/3.1-25-5 and 5/3.1-10-50(D))

1-2-2 REGULAR MEETINGS. The regular stated meetings of the Village Board shall be held in the Village Hall Building on the second (2nd) Thursdays of each month at 7:00 P.M. When the meeting date falls upon a legal holiday, the meeting shall be held on the following Thursday at the same hour and place, unless otherwise designated. Adjourned and reconvened meetings may be held at such times as may be determined by the Trustees. (See 65 ILCS Sec. 5/3.1-40-25 and 5 ILCS Sec. 120/1 et seq.)

1-2-3 SPECIAL MEETINGS. Special meetings of the Village Board may be called by the Mayor or any three (3) Trustees by giving at least forty-eight (48) hours notice thereof by delivering to them personally written or printed notices of the time of such meeting at the residences of the Trustees. Such notices shall be served by mail, or by the Village Clerk or her designated representative. Said notices shall specify the purpose of said special meeting and the business to be taken up at that time and place. Such notice shall be posted at the Village Hall and shall be provided to any local newspaper of general circulation or any local radio or television station that has filed an annual request for such notice. Said notice shall be provided to such news media in the same manner as said notice is given to the Mayor and members of the Village Board, provided such news media has given the Village an address within the Village at which such notice may be given. (See 65 ILCS Sec. 5/3.1-40-25 and 5 ILCS Sec. 120/2.02 and 120/2.03)

1-2-4 VACANCY. When a vacancy occurs, if more than twenty-eight (28) months remain in the term and the vacancy occurs not less than one hundred thirty (130) days before the general municipal election, next scheduled under the general election law, the office shall be filled for the remainder of the term at that general municipal election. During the period from the time that the vacancy occurs until the next election of Trustees, the Mayor shall appoint a qualified person to the office subject to the advice and consent of the Village Board. (See 65 ILCS Sec. 5/3.1-10-50(B))

1-2-5 COMMITTEES. The following standing committees of the Village Board are hereby established, to-wit:

(A) (1) Health (4) Utilities (Gas-Water-Sewer)

(2) Finance/Purchase (5) Police (Public Safety)

(3) Street (6) Civic Improvement & Industrial

(B) The committees shall be appointed annually by the Mayor. In addition the Mayor shall appoint the Chairman of each committee.

(C) The Mayor shall be ex-officio Chairman of each and every standing committee.

(D) So far as is practicable, reports of committees shall be in writing.

(E) As provided by law, any report of a committee of the Board shall be deferred for final action thereon to the next regular meeting of the same after the report is made, upon the request of any two (2) Trustees present. (See 65 ILCS Sec. 5/3.1-40-35)

(F) Each standing committee of the Village Board shall exercise a general supervision over the affairs of the department of municipal government with which it is connected; shall ascertain the condition and needs of said department; shall, from time to time, report the same to the Mayor and Village Board so that a full understanding thereof may be had, and generally, shall do all acts necessary to promote the efficiency of the Department.

(G) All committee meetings are subject to the Open Meeting Act requirements and minutes shall be taken. (See 5 ILCS Sec. 120/1 and 120/2.06)

1-2-6 SPECIAL COMMITTEES. Special Committees may be appointed by the Mayor, subject to the advice and consent of the Board of Trustees, as may be needed from time to time.

1-2-7 QUORUM. At all meetings of the Village Board, a majority of the corporate authorities shall constitute a quorum for the transaction of business, and if no such quorum attends such meeting of the Board, the Trustees may adjourn from day to day until a quorum is present; and shall have power to compel the attendance of absent members, except when such members are physically unable to attend such meetings. (See 65 ILCS Sec. 5/3.1-40-20)

EDITOR’S NOTE: When the Board has a Mayor and six (6) Trustees, a quorum is four (4), which may consist of the Mayor and three (3) Trustees, or four (4) Trustees.

1-2-8 MEMBERS: NON-ATTENDANCE AT MEETING. Any member of the Village Board who shall neglect or refuse to attend any regular and/or special Village Board meetings shall not receive compensation for that meeting. (See Section 1-3-1 for salaries.) (See 65 ILCS Sec. 5/3.1-40-20)

1-2-9 ELECTRONIC ATTENDANCE AT MEETINGS. The following are the rules relating to the electronic attendance at meetings by corporate authorities:

(A) Electronic Attendance at Meetings Rules. The Village of Louisville hereby adopts the following rules for electronic attendance at meetings, that permit a member of the public body to attend any meeting of a public body as defined in the Open Meetings Act via electronic means. Any member of the corporate authorities of the Village of Louisville, IL may attend any open or closed meeting of the Village of Louisville via electronic means, such as by telephone, video or internet connection, provided that such attendance is in compliance with these rules and applicable laws. The word meeting as used in the Code shall mean and be the same as it is defined in the Open Meetings Act, as amended on January 1, 2007, and as may be thereafter amended.

(B) Prerequisites. A member of the corporate authorities of the Village of Louisville may attend a meeting electronically if the member meets the following conditions:

(1) A quorum is physically present throughout the meeting; and, a majority of the members present votes to approve the electronic attendance at the meeting.

(2) The member should notify the Village Clerk at least one day before the meeting, unless impractical, in which case as soon as practical, so that necessary communications equipment can be arranged. Inability to make the necessary technical arrangements will result in denial of a request for electronic attendance.

(3) The member must assert one of the following three reasons why he or she is unable to physically attend the meeting,

(a) The member cannot attend because of personal illness or disability; or

(b) The member cannot attend because of his or her employment purposes or because of the business of the Village of Louisville; or

(c) The member cannot attend because of a family or other emergency.

(4) The Clerk, after receiving the electronic attendance request, shall inform the other corporate Authorties of the request for electronic attendance.

(C) Voting Procedures. After a roll call establishing that a quorum is physically present, the presiding officer shall call for a motion that a member may be permitted to attend the meeting electronically after specifying the reason entitling the absent member to attend electronically. The motion must be approved by a vote of a majority of the members present.

(D) Adequate Equipment Required. The member participating electronically and the other members of the corporate authorities must be able to communicate effectively, and members of the audience must be able to hear all communications at the meeting site. Before allowing electronic attendance at any meeting, the corporate authorities shall provide equipment adequate to accomplish this objective at the meeting site.

(E) Minutes. Any member attending electronically shall be considered an off-site attendee and counted as present electronically for that meeting. The meeting minutes shall also reflect and state specifically whether each member is physically present or present by electronic means.

(F) Rights of Remote Member. A member permitted to attend electronically will be able to express his or her comments during the meeting and participate in the same capacity as those members physically present, subject to all general meeting guidelines and procedures previously adopted and adhered to, including both open and closed meetings, except that a member may attend a closed meeting via an internet connection or landline telephone connection, but not by cellular phone. The member attending electronically shall be heard, considered, and counted as to any vote taken. Accordingly, the name of any member attending electronically shall be called during any vote taken, and his or her vote counted and recorded by the Village Clerk and placed in the minutes for the corresponding meeting. A member attending electronically may leave a meeting and return as in the case of any member, provided the member attending electronically shall announce his or her leaving and returning. A member attending electronically at a meeting shall be paid per the Village Code as if he or she had physically attended said meeting.

(Ord. 590; 6/11/2007

DIVISION II – RULES OF THE VILLAGE BOARD

1-2-11 CENSURE OF TRUSTEES – EXPULSION OF TRUSTEES. Any Trustee acting or appearing in a lewd or disgraceful manner, or who uses opprobrious, obscene and insulting language to or about any member of the Board, or who does not obey the order of the Chair, shall be, on motion, censured by a majority vote of the members present, or expelled by a two-thirds (2/3) vote of all Trustees elected. (See 65 ILCS Sec. 5/3.1-40-15)

1-2-12 AGENDA. An itemized agenda, along with all necessary supporting documentation shall be furnished to each member of the Village Board no later than the close of business on the day preceding the regular Village Board meeting. In the case of matters of emergency which could not have been reasonably foreseen in sufficient time to comply with this section, a revised agenda shall be furnished to each member of the Village Board prior to the opening of the Board meeting. (See 5 ILCS Sec. 120/2.02)

1-2-13 RESERVED.

DIVISION III – ORDINANCES

1-2-14 ORDINANCES.

(A) Attorney. It shall be the duty of the Village Attorney to prepare such ordinances as may be required by the Village Board.

(B) Introduced. When a proposed ordinance is introduced, it shall be read one time by title only and referred to the proper committee unless the Board of Trustees shall otherwise specifically direct.

(C) Vote required-Yeas and Nays Record. The passage of all ordinances for whatever purpose, and of any resolution or motion (1) to create any liability against a Village or (2) for the expenditure or appropriation of its money, shall require the concurrence of a majority of all members then holding office on the Village Board, including the Mayor, unless otherwise expressly provided by the Code or any other act governing the passage of any ordinance, resolution, or motion; provided that, where the Board consists of an odd number of Trustees, the vote of the majority of the trustees shall be sufficient to pass an ordinance. The yeas and nays shall be taken upon the question of the passage of the designated ordinances, resolutions, or motions and recorded in the journal of the Village Board. In addition, the corporate authorities at any meeting may by unanimous consent to take a single vote by yeas or nays on the several questions of the passage on any two (2) or more of the designated ordinances, orders, resolutions or motions placed together for voting purposes in a single group. The single vote shall be entered separately in the journal under the designation “omnibus vote”, and in such event the Clerk may enter the words “omnibus vote” or “consent agenda” in the journal in each case in lieu of entering names of the members of Village Board voting “yea” and of those voting “nay” on the passage of each of the designated ordinances, orders, resolutions and motions included in such omnibus group or consent agenda. The taking of such single or omnibus vote and such entries of the words “omnibus vote” or “consent agenda” in the journal shall be a sufficient compliance with the requirements of this Section to all intents and purposes and with like effect as if the vote in each case had been separately by yeas and nays on the question of the passage of each ordinance, order, resolution and motion included in such omnibus group, and separately recorded in the journal. Likewise, the yeas and nays shall be taken upon the question of the passage of any other resolution or motion at the request of any trustee and shall be recorded in the journal. (See 65 ILCS Sec. 5/3.1-40-40)

(D) Ordinances – Approval-Veto. All resolutions and motions (1) which create any liability against the Village, or (2) that provide for the expenditure or appropriation of its money, or (3) to sell any Village property, and all ordinances, passed by the Village Board shall be deposited with the Village Clerk. If the Mayor approves an ordinance or resolution, the Mayor shall sign it. Those ordinances, resolutions and motions which the Mayor disapproves shall be returned to the Village Board, with the Mayor’s written objections, at the next regular meeting of the Village Board occurring not less than five (5) days after their passage. The Mayor may disapprove of any one (1) or more sums appropriated in any ordinance, resolution, or motion making an appropriation, and, if so, the remainder shall be effective. However, the Mayor may disapprove entirely of an ordinance, resolution, or motion making an appropriation. If the Mayor fails to return any ordinance or any specified resolution or motion with his written objections, within the designated time, it shall become effective despite the absence of the Mayor’s signature. (See 65 ILCS Sec. 5/3.1-40-45)

1-2-15 RECONSIDERATION–PASSING OVER VETO. Every resolution and motion, specified in Section 1-2-14 and every ordinance, that is returned to the Village Board by the Mayor shall be reconsidered by the Village Board at the next regular meeting following the regular meeting at which the Village Board receives the Mayor’s written objection. If, after reconsideration, two-thirds (2/3) of all the Trustees then holding office on the Village Board agree at that regular meeting to pass an ordinance, resolution, or motion, notwithstanding the Mayor’s refusal to approve it, then it shall be effective. The vote on the question of passage over the Mayor’s veto shall be by yeas and nays, and shall be recorded in the journal. (See 65 ILCS Sec. 5/3.1-40-50)

1-2-16 NO VOTE TO BE RECONSIDERED AT SPECIAL MEETING. No vote of the Village Board shall be reconsidered or rescinded at a special meeting unless there are present at the special meeting at least as many Village Trustees as were present when the vote was taken. (See 65 ILCS Sec. 5/3.1-40-55)

1-2-17 RESERVED.

DIVISION IV – GENERAL PROVISIONS

1-2-18 CORPORATE SEAL.

(A) The Corporate Seal of the Village shall be the same as that heretofore provided and used by the Village. It shall be circular in form with the words, “Village of Louisville, Illinois” in the exterior circle, and the word “Seal” in the interior circle. (See 65 ILCS Sec. 5/2-2-12)

(B) The Corporate Seal shall be used as such seal in all cases provided for by law or by the ordinances of the Village and in all other cases in which, by law and custom, it is usual and necessary for the corporation to use a seal. The seal shall be and remain with the Village Clerk who shall be the legal custodian. (See 65 ILCS Sec. 5/3.1-35-90)

1-2-19 ELECTIONS.

(A) Election Procedure. The provisions of the Illinois Municipal Code, Article 3.1,

Division 10, concerning municipal elections, shall govern the conduct of the Village elections, and said municipal elections shall be subject to the general election law of the State of Illinois in matters of scheduling, manner of conducting, voting at, and contesting of municipal elections. (See 65 ILCS Sec. 5/3.1-10-10)

(B) Inauguration. The terms of elected municipal officers, and their inauguration,

shall commence and occur at the first regular or special meeting of the corporate authorities in either the month of May or June, as the case may be, following the proclamation of the results of the regular municipal election at which the officers were elected, provided that the corporate authorities have received the certified results of said election from the local election authorities. The corporate authorities by ordinance may otherwise fix the time of inauguration of newly elected officials at a time which is no earlier than the first regular or special meeting of the corporate authorities in the month of May and no later than the first regular or special meeting of the corporate authorities in the month of June following the election. (See 65 ILCS Sec. 5/3.1-10-15) (Ord. # 592; 2/8/2007)

1-2-20 APPOINTMENT OF ELECTED OFFICIALS. No Trustee of this Village, during the term of office for which he is elected, may accept or be appointed to or hold any office appointed by the Mayor except if such Trustee is granted a leave of absence from such office. However, such Trustee may serve as a volunteer fireman and receive compensation for such service. Any appointment in violation of this Section is void. (See 65 ILCS Sec. 5/3.1-15-15)

NOTE: One (1) member may serve on the Library Board. (See 75 ILCS Sec. 5/4-1 and 50 ILCS Sec. 105/2)

1-2-21 MUNICIPAL OFFICERS – REGULATIONS.

(A) Effect. The provisions of this Division shall apply alike to all officers and employees of the Village regardless of the time of creation of the office or position or the time of the appointment of the officer or employee.

(B) Qualifications; Appointive Office.

(1) No person shall be eligible for any appointive municipal office unless that person is a qualified elector of the municipality or otherwise provided by law.

(2) The residency requirements do not apply, however, to municipal engineers, health officers, attorneys, or other officers who require technical training or knowledge, to appointed village treasurers, or to appointed village collectors (unless the Village has designated by ordinance that the Village Clerk shall also hold the office of collector). (See 65 ILCS Sec. 5/3.1-10-6)

(C) Bond. Every officer and employee shall, if required by the Village Board upon entering upon the duties of his office, give a bond in such amount and with such sureties as may be determined by the Board, conditioned upon the faithful performance of the duties of his office or position. (See 65 ILCS Sec. 5/3.1-10-30)

(D) Books Delivered to Successor. Every officer shall, upon going out of office, deliver to his successor, all books, papers, furniture, and other things appertaining to such office, and which are the property of the Village. Within five (5) days after notification and request, any person who has been an officer of a municipality is required to deliver to his successor in office, all property, books and effects in his possession belonging to the municipality, or pertaining to the office he has held. Upon his refusal to do so, he shall be liable for all damages caused thereby, and shall, upon conviction, be penalized according to the provisions of Section 1-1-20 of this Code. He shall not receive his final check until his Village Code Book and keys are turned over to the Village Clerk. (See 65 ILCS Sec. 5/3.1-10-35)

(E) Books Open to Inspection. Every officer shall, at all times when required, submit the books and papers of his office to the inspection of the Mayor or any committee or member of the Board of Trustees.

(F) Fees; Report of Fees. No officer of the municipality shall be entitled to charge or receive any fees as against the Village. All officers of the Village entitled to receive fees shall keep a correct account thereof, and make a report thereof under oath to the Village Board prior to the regular meeting of each month. In the report, they shall specify from whom such fees were received, for what service, and when received. All fees received shall be paid over into the Village Treasury.

(G) Other Rules and Regulations. Every officer of the Village shall perform such other duties and be subject to such other rules and regulations as the Village Board may provide by law. (See 65 ILCS Sec. 5/3.1-10-40)

(H) Warrants. All warrants for the violation of municipal ordinances or the State criminal law, directed to any person, may be served and executed within the limits of a municipality by any law enforcement officer. For that purpose, policemen have all the common law and statutory powers of sheriffs. (See 65 ILCS Sec. 5/3.1-15-25)

(I) Oath. Before entering upon the duties of their respective offices, all municipal officers, whether elected or appointed shall take and subscribe to the following oath:

“I, _________________________________, do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Illinois, and that I will faithfully discharge the duties of the office of _______________________________________________________, according to the best of my ability.”

The Mayor and the Clerk shall have the power to administer this oath or affirmation upon all lawful occasions.

(See 65 ILCS Sec. 5/3.1-15-20)

(See “Administration of Oaths”, Section 1-2-63)

1-2-22 RESIGNATION OF APPOINTED OFFICIALS. Any officer of the Village may resign from office. If such officer resigns he shall continue in office until his successor has been chosen and has qualified. If there is a failure to appoint a Village officer, or the person appointed fails to qualify, the person filling the office shall continue in office until his successor has been chosen and has qualified. (See 65 ILCS Sec. 5/3.1-10-50)

1-2-23 QUALIFICATIONS; ELECTIVE OFFICE.

(A) A person is not eligible for an elective municipal office unless that person is a qualified elector of the municipality and has resided in the municipality at least one (1) year next preceding the election.

(B) A person is not eligible for an elective municipal office if that person is in arrears in the payment of a tax or other indebtedness due to the municipality or has been convicted in any court located in the United States of any infamous crime, bribery, perjury, or other felony.

(C) A person is not eligible for the office of trustee unless that person has resided in the municipality, at least one (1) year next preceding the election or appointment, except as provided in 65 ILCS Sec. 5/3.1-25-75(b). (See 65 ILCS Sec. 5/3.1-10-5)

1-2-24 BONDS OF VILLAGE OFFICERS.

(A) Amount. Bonds of Village officers required under Illinois Compiled Statutes, Chapter 65, Section 5/3.1-10-30 shall be executed in the following penal sums:

(1) Mayor $ 3,000.00

(2) Village Treasurer 195,000.00

(3) Village Clerk 75,000.00

(B) Premium Payment by Village. The surety bonds required by law shall be paid by the Village. (See 5 ILCS Sec. 270/1)

(C) Surety. The Village Board shall not receive or approve any bond or security whereon the name of the Village Board, any one of the Board of Trustees or any elected or appointed officer of the Village appear as bondsman or security. If, by mistake, a bond containing the name of any such officer is approved by the Village Board or if any bondsman, after becoming such is elected or appointed to any Village office, this Section shall not act as a release of any such obligation incurred.

1-2-25 LIABILITY INSURANCE.

(A) Purchase Of. The Village Board shall have the power to purchase liability insurance covering and insuring all municipal officers, employees and elected officials; said insurance to cover incidents occurring while in the performance of their duties, which insurance may insure, cover and protect any liability which the municipal corporation, officer, employee or elected official may incur. When the insurance has been purchased, the Village shall be responsible for all premiums and deductible charges called for by any valid liability insurance policy covering the municipal corporation, officer, employee or elected official.

1-2-26 SALARIES REGULATION.

(A) Elected. No salary or compensation of any elected municipal officer who is elected for a definite term of office shall be increased or diminished during such term.

(B) Appointed. No salary or compensation of any appointed official who is appointed for a definite term of office shall be decreased during such term, but may be increased.

(See 65 ILCS Sec. 5/3.1-50-5 and 5/3.1-50-10)

EDITOR’S NOTE: The salary of appointed officials and employees may be established in the appropriation ordinance or annual budget. The salary of elected officials must be established in an ordinance other than the appropriation ordinance at least one hundred eighty (180) days before the beginning of the terms of the officers whose compensation is to be filed.

1-2-27 MUNICIPAL YEAR. The municipal year shall commence on May 1st and shall end on the following April 30th. No appointments shall be made during the last month of the municipal year in the year of a mayoral election.

1-2-28 EXPENSES – REIMBURSEMENT. Each member of the corporate authorities may receive reimbursement from the municipality for expenses incurred by the member in attending committee meetings of the corporate authorities or for other expenses incurred by the member in the course of performing official duties. (See 65 ILCS Sec. 5/3.1-50-15(B))

1-2-29 OFFICIAL RECORDS. All official records, including the Corporate Seal, shall be kept in the Village Hall.

1-2-30 FEDERAL OLD AGE AND SURVIVOR’S INSURANCE SYSTEM.

(A) Eligible employees shall mean all employees of the Village, eligible under the Federal Act, except persons elected to office by popular election and also the Village Attorney.

(B) Withholdings from salaries or wages of employees for the purpose provided in sections hereof are hereby authorized to be made in the amounts and at such times as may be required by applicable State or Federal laws or regulations, and shall be paid quarterly.

1-2-31 ILLINOIS MUNICIPAL RETIREMENT FUND.

(A) The Village does hereby elect to participate in the Illinois Municipal Retirement Fund.

(B) Special Tax. The Village includes in its levy and appropriation ordinance provision for the levying of a special tax to pay the Village’s cost of participating in the Retirement Fund and appropriate therefrom funds to pay the cost of participation.

(C) Coverage. To be eligible to be included in the IMRF a person shall have to work a minimum of six hundred (600) hours per year.

1-2-32 CERTIFICATES OF INSURANCE. All contractors and sub-contractors doing work for the Village shall first provide a Certificate of Insurance indicating Worker’s Compensation and Employers’ Liability coverage and the policy limits for such coverage.

1-2-33 – 1-2-39 RESERVED.

DIVISION V – MAYOR

1-2-40 ELECTION. The Mayor shall be elected for a four (4) year term and shall serve until a successor is elected and has qualified. (See 65 ILCS Sec. 5/3.1-15-5 and 5/3.1-25-15)

1-2-41 MAYOR PRO-TEM; TEMPORARY CHAIRMAN.

(A) If the Mayor is temporarily absent because of an incapacity to perform official duties, but the incapacity does not create a vacancy in the office, the corporate authorities shall elect one of their members to act as Mayor pro tem. The Mayor pro tem, during this absence or disability, shall perform the duties and possess all the rights and powers of the Mayor but shall not be entitled to vote both as Mayor pro tem and as a trustee.

(B) In the absence of the Mayor, or Mayor pro tem, the corporate authorities may elect one of their members to act as a temporary Chairman. The temporary Chairman shall have only the powers of a presiding officer and a right to vote only in the capacity as trustee on any ordinance, resolution, or motion. (See 65 ILCS Sec. 5/3.1-35-35)

1-2-42 VACANCY. If a vacancy occurs in the office of the Mayor and there remains an unexpired portion of the term of at least twenty-eight (28) months and the vacancy occurs at least one hundred thirty (130) days before the general municipal election next scheduled under the general election law, the vacancy shall be filled at that general municipal election. The Village Board shall elect one of its members as “Acting Mayor” who shall perform the duties and shall possess all the rights and powers of the Mayor until a successor to fill the vacancy has been elected and has qualified. (See 65 ILCS Sec. 5/3.1-10-50)

1-2-43 CHIEF EXECUTIVE OFFICER. The Mayor shall be the chief executive officer of the Village and shall see to the enforcement of all laws and ordinances. The Mayor shall preside over the meetings of the Board of Trustees and perform such duties as may be required of him by statute or law. The Mayor shall have supervision over all of the executive officers and Village employees; provided, however, his or her control is subject to the power of the Village Board to prescribe the duties of various officers and employees. The Mayor shall have the power and authority at any reasonable time to inspect all books, papers and records pertaining to Village affairs and kept by any officer of the Village. (See 65 ILCS Sec. 5/3.1-15-10 and 3.1-35-20)

1-2-44 MAYOR’S SIGNATURE. The Mayor shall sign all Village warrants, commissions, permits and licenses granted by authority of the Village Board, except as otherwise provided, and such other acts and deeds as law or ordinance may require his or her official signature.

The Mayor may designate another to affix his or her signature to any written instrument that requires the Mayor’s signature. The Mayor must send written notice of this designation to the Village Board stating: (1) the name of the person whom he or she has selected, and (2) what instrument the person will have authority to sign.

A written signature of the Mayor executed by the person so designated with the signature underneath the signature of the person so designated shall be attached to the notice. The notice with the signature attached shall be recorded in the journal of the Village Board and then filed with the Village Clerk. When the signature of the Mayor is placed on a written instrument at the direction of the Mayor in the specified manner, the instrument, in all respects, shall be as binding on the Village as if signed by the Mayor in person. (See 65 ILCS Sec. 5/3.1-35-30)

1-2-45 APPOINTMENT OF OFFICERS.

(A) Appointed. At the first annual meeting in May, the Mayor shall appoint, by and with the advice and consent of the Village Board, all officers of the Village whose election or appointment is not otherwise provided for, and said officers shall hold their offices for the ensuing month or year, and until their respective successors are appointed and qualified. Any vacancy occurring in an appointive office shall be filled in the same manner. The Mayor shall issue a commission or certificate of appointment to all persons appointed to office in the municipality. (See 65 ILCS Secs. 5/3.1-30-5)

(B) Filling Vacancies. The Mayor shall appoint, by and with the advice and consent of the Village Board, all officers of the Village whose appointment will not otherwise be provided for by law; and whenever a vacancy shall occur in any office, which by law or ordinance the Mayor is empowered and required to fill, the Mayor shall, at the next regular meeting of the Village Board, communicate to it the name of the appointee to such office and pending the concurrence of the Village Board in such appointment, the Mayor may designate some suitable person to discharge the functions of such office. (See 50 ILCS Sec. 105/2)

1-2-46 SUPERVISE CONDUCT OF OFFICERS; REMOVAL OF OFFICERS. The Mayor shall supervise the conduct of all officers of the Village and see that they faithfully and efficiently discharge the duties of their respective offices. Except where otherwise provided by statute, the Mayor may remove any officer appointed by the Mayor under this Code, on any written charge, whenever the Mayor is of the opinion that the interests of the municipality demand removal. The Mayor shall report the reasons for the removal to the corporate authorities at a meeting to be held not less than five (5) days nor more than ten (10) days after the removal. If the Mayor fails or refuses to report to the corporate authorities the reasons for the removal, or if the corporate authorities by a two-thirds (2/3) vote of all members authorized by law to be elected disapprove of the removal, the officer thereupon shall be restored to the office from which the officer was removed. The vote shall be by yeas and nays, which shall be entered upon the journal of the corporate authorities. 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. (See 65 ILCS Sec. 5/3.1-35-10)

1-2-47 DESIGNATION OF OFFICERS’ DUTIES. Whenever there is a dispute as to the respective duties or powers of any appointed officer of the Village, this dispute shall be settled by the Mayor, after consultation with the Village Attorney; and the Mayor shall have the power to delegate to any appointive officer, any duty which is to be performed when no specific officer has been directed to perform that duty with the advice and consent of the Village Board.

1-2-48 GENERAL DUTIES. The Mayor shall perform all the duties which are prescribed by law and shall take care that the laws and ordinances are faithfully executed.

The Mayor from time to time, may and annually shall give the Village Board information relative to the affairs of the Village, and may recommend for their consideration such measures as he or she believes expedient. (See 65 ILCS Sec. 5/3.1-35-5)

1-2-49 BUSINESS LICENSE COMMISSIONER. The Mayor is hereby designated as License Commissioner to issue and revoke any and all business licenses as provided by law, with the advice and consent of the Village Board.

1-2-50 LOCAL LIQUOR COMMISSIONER. The Mayor is hereby designated as Local Liquor Commissioner with all the powers to enforce State and Village liquor laws. (See 235 ILCS Sec. 5/4-2)

1-2-51 HEALTH COMMISSIONER. The Mayor is hereby declared to be Health Commissioner with all powers to abate and remove all nuisances or health hazards within the jurisdictional boundaries of the Village authority as prescribed by law, with the advice and consent of the Village Board.

1-2-52 DECIDING VOTE – MAYOR. The Mayor shall preside at all meetings of the Village Board. The Mayor shall not vote on any ordinance, resolution or motion, except:

(A) Where the vote of the Trustees has resulted in a tie; or

(B) Where one-half (1/2) of the Trustees elected have voted in favor of an ordinance, resolution or motion, even though there is no tie; or

(C) Where a vote greater than a majority of the corporate authorities is required by the Illinois Compiled Statutes to adopt an ordinance, resolution or motion.

In each instance specified, the Mayor shall vote. Nothing in this Section shall deprive an Acting Mayor or Mayor Pro-tem from voting in his or her capacity as Trustee, but he or she shall not be entitled to another vote in his or her capacity as Acting Mayor or Mayor Pro-tem. (See 65 ILCS Sec. 5/3.1-45-5)

1-2-53 – 1-2-55 RESERVED.

DIVISION VI – VILLAGE CLERK

1-2-56 APPOINTED. The Village Clerk shall be appointed for a one (1) year term by the Mayor with the advice and consent of the Village Board of Trustees and shall serve until a successor is appointed and has qualified; however, residency requirements of appointed officials as required by 65 ILCS 5/3.1-10-6(a) shall not apply to said appointed Village Clerk position, such that the appointed Village Clerk shall not be required to reside within the Village limits as a qualified elector; however, the Village may at any time by ordinance so designate that the appointed Village Clerk must so reside within the Village limits, as pursuant to 65 ILCS 5/3.1-10-6(b). If the person who is appointed as Village Clerk is also appointed as Village Collector, then any residency requirements or conditions imposed upon the Village Clerk shall also be imposed upon the Village Collector.

1-2-57 VACANCY. Whenever a vacancy in the Village Clerks position occurs during the regular term, the vacancy shall be filled for the remainder of the term by the appointment of a Village Clerk by the Mayor with the advice and consent of the Village Board of Trustees. (See 65 ILCS Sec. 5/3.1-30-5 and 65 ILCS 5/3.1-10-50). (Ord. #613; 9/13/2007)

1-2-58 PUBLICATION OF ORDINANCES; BOARD MINUTES; RECORDS.

(A) Ordinances. The Village Clerk shall cause all ordinances passed by the Village Board and approved by the Mayor, imposing any fine, penalty, imprisonment or forfeiture, or making any appropriation to be published or printed in book or pamphlet form, published by authority of the corporate authorities, or be published at least once within thirty (30) days after passage, in one (1) or more newspapers published in the Village. (See 65 ILCS Sec. 5/1-2-5)

(B) Minutes; Records. The Village Clerk shall attend all meetings of the Village Board and shall keep in a suitable book to be styled “The Journal of the Village Board”, a full and faithful record of its proceedings. The Village Clerk shall record and properly index in a book kept for that purpose, all ordinances passed by the Village Board, and at the foot of the record of each ordinance so recorded, the Clerk shall make a memorandum of the date of the passage, when published, and a memorandum of the publication of such ordinance. (See 65 ILCS Sec. 5/3.1-35-90)

(C) Bonds. The Clerk shall also record in proper books for the purpose, all official bonds and note upon each bond so recorded when the same was entered of record and the book and pages where recorded. (See 65 ILCS Sec. 5/3.1-35-110)

(D) Issue Notices. The Clerk shall issue and cause to be served upon all Trustees, notices of all special meetings of the Village Board; also notices to the members of the different committees of that body and all persons whose attendance may be required before any such committee, when so directed by the Chairman thereof. (See 65 ILCS Sec. 5/1-2-4, 5/1-2-5 and 5/3.1-35-90)

1-2-59 DELIVERY OF PAPERS TO OFFICERS. The Clerk shall deliver to the several committees of the Village Board and to the officers of this Village, all petitions, communications, reports and resolutions, orders, claims and other papers referred to those committees or officers by the Board on demand therefor. The Clerk shall also, without delay, deliver to the Mayor, all ordinances or resolutions, orders and claims in his or her charge which may require to be approved or otherwise acted upon by the Mayor. (See 65 ILCS Sec. 5/3.1-35-90)

1-2-60 PREPARATION OF DOCUMENTS, COMMISSIONS AND LICENSES. The Clerk shall prepare all commissions, licenses, permits and other official documents required to be issued by him or her under this Code and shall attest the same with the corporate seal, and the Clerk shall, in like manner, attest all deeds for the sale of real estate owned and conveyed by this Village.

1-2-61 REPORT OF LICENSES. The Clerk shall report to the Village Board at its regular meeting each month and more often if the Board so requires the data contained in the license register with respect to licenses issued during the previous month.

1-2-62 DELIVERY OF LICENSES. In all cases where the Village requires a license to be obtained for the purpose of engaging in or carrying on any business or occupation, and the licensee is required to obtain plates, tags or stickers from the Clerk, it shall be the duty of the Clerk to deliver such plates, tags, or stickers to the person paying the license fee.

1-2-63 ADMINISTRATION OF OATHS. The Clerk shall have the power to administer oaths or affirmations for all lawful purposes. (See 65 ILCS Sec. 5/3.1-15-20)

1-2-64 OUTSTANDING BONDS. The Clerk shall keep in his office in a book or books kept expressly for that purpose a correct list of all the outstanding bonds of the Village, showing the number and amount of each, for and to whom the bonds are issued; and when the Village bonds are issued, or purchased, or paid, or cancelled, the book or books shall show that fact; [and in the annual report, the Clerk shall describe particularly the bonds sold during the year and the terms of sale with each and every item of expense thereof]. (See 65 ILCS Sec. 5/3.1-35-110)

1-2-65 REPORTS. The Clerk shall, on or before the regular meeting in each month, make out and submit to the Village Board a statement or report in writing of all the monies received and warrants drawn during the preceding month, showing therein from or what sources and on what account monies were received, and for what purposes and on what account the warrants were drawn or paid.

1-2-66 SUCCESSOR. The Village Clerk shall carefully preserve all books, records, papers, maps and effects of every detail and description belonging to the Village or pertaining to the office, and not in actual use and possession of other Village officers; and upon the expiration of his or her official term, the Clerk shall deliver all such books, records, papers and effects to the successor in office. (See 65 ILCS Sec. 3.1-10-35)

1-2-67 PAYMENTS. The Clerk shall prepare daily an itemized list of all monies received and shall deliver a copy of the same to the Village Treasurer and shall also pay over to the Treasurer all monies received in the office and take a receipt therefor.

1-2-68 COLLECTOR. The Collector shall be appointed for a one (1) year term by the Mayor with the advice and consent of the Village Board of Trustees and shall serve until a successor is appointed and has qualified. It is permissible, but not mandatory, that the Mayor may appoint the person holding the office of Village Clerk to also hold the office of Village Collector. Whenever a vacancy in the office of Village Collector appointed under statutes and this Code occurs during the term, the vacancy shall be filled for the remainder of the term by the appointment of a Collector by the Mayor with the advice and consent of the Village Board of Trustees. (Ord. #610; 8/9/2007)

1-2-69 OTHER DUTIES. In addition to the foregoing duties, the Clerk shall perform all such other duties pertaining to the office as are or may be imposed upon the office by law or resolution or ordinance of the Village Board. (See 65 ILCS Sec. 5/3.1-10-40)

1-2-70 SUBMIT APPROPRIATION TO VILLAGE BOARD. The Clerk shall on or before the fifteenth (15th) day of May in each year, and before the annual appropriations to be made by the Village Board, submit to the Village Board a report of the estimates as nearly as may be of monies necessary to defray the expenses of the corporation during the current fiscal year. The Clerk shall, in said report, classify the different objects and branches of expenditures, giving as nearly as may be the amount required for each; and for the purpose of making such a report, the Clerk is hereby authorized to require of all officers their statement of the condition and expenses of their respective offices or departments with any proposed improvements, and the probable expense thereof, all contracts made and unfinished and the amount of any and all unexpended appropriations of the preceding year.

The Clerk shall, in such report, show the aggregate income of the preceding fiscal year, from all sources, the amount of liabilities outstanding upon which interest is to be paid, the bonds and debts payable during the year, when due and when payable; and in such report, shall give such other information to the Village Board as he or she may deem necessary to the end that the Village Board may fully understand the money exigencies and demands upon the corporation for the current year. (See 65 ILCS Sec. 5/3.1-35-115)

1-2-71 DEPUTY CLERK. The Village Clerk, when authorized by the Village Board, may appoint the Deputy Clerk who shall have the power and duty to execute all documents required by any law to be executed by the Clerk and affix the seal of the Village thereto whenever required. In signing any documents, the Deputy Clerk shall sign the name of the Village Clerk followed with the word, “By” and the Deputy Clerk’s name and the words, “Deputy Clerk”.

The powers and duties herein described shall be executed by such Deputy Clerk only in the absence of the Village Clerk from the Village Clerk’s office in the Village Hall, and only when either written direction has been given by the Village Clerk to such Deputy Clerk to exercise such power or the Village Board has determined by resolution that the Village Clerk is temporarily or permanently incapacitated to perform such functions. (See 65 ILCS Sec. 5/3.1-30-10 and 5/3.1-10-45 and 5/3.1-35-95)

DIVISION VII – VILLAGE TREASURER

1-2-72 DEPARTMENT ESTABLISHED. There is hereby established a department of the municipal government of the Village which shall be known as the “Finance Department”. It shall embrace the Finance Committee and the Treasurer.

1-2-73 FINANCE COMMITTEE. The standing committee on Finance shall exercise a general supervision over the affairs of the Finance Department. It shall ascertain the condition and needs thereof; shall, from time to time, report the same to the Mayor and Village Board so that a full understanding thereof shall be had and generally, shall do all the acts necessary to promote the efficiency of the Department.

1-2-74 TREASURER APPOINTED; VACANCY. The Treasurer shall be appointed for a one (1) year term by the Mayor with the advice and consent of the Village Board and shall serve until a successor is appointed and has qualified. Wherever a vacancy in the of Village Treasurer appointed under the statutes occurs during the term, the vacancy shall be filled for the remainder of the term by the appointment of a Treasurer by the Mayor and with the advice and consent of the Board of Trustees. (See 65 ILCS Sec. 5/3.1-30-5 and 5/3.1-25-90)

1-2-75 MONEY; WARRANTS; ACCOUNTS; PAYMENTS. The Village Treasurer shall receive all monies belonging to this Village and shall pay all warrants signed by the Mayor and countersigned by the Village Clerk and not otherwise; and shall keep a separate account of each fund or appropriation and the debits and credits belonging thereto. The Treasurer shall give to every person paying money into the Village Treasury a receipt therefor, specifying the date of payment, and upon what account paid, and shall file copies of such receipts with the Clerk with the monthly reports. (See 65 ILCS Sec. 5/3.1-35-40)

1-2-76 WARRANT REGISTER. The Treasurer shall keep a register of all warrants redeemed and paid, showing the number, date, and amount of each, the fund from which paid, and the name of the person to whom and when paid; and the Treasurer shall cancel all warrants as soon as they are redeemed. (See 65 ILCS Sec. 5/3.1-35-40 and 5/3.1-35-45)

1-2-77 PERSONAL USE OF FUNDS. The Village Treasurer shall keep all money belonging to the Municipality and in the Treasurer’s custody separate and distinct from the Treasurer’s own money and shall not use, either directly or indirectly, the Municipality’s monies or warrants for the personal use and benefit of the Treasurer or of any other person. Any violation of this provision shall subject the Treasurer to immediate removal from office by the corporate authorities, who may declare the Treasurer’s office vacant. (See 65 ILCS Sec. 5/3.1-35-55)

1-2-78 BOND. The Treasurer shall give bond conditioned upon the faithful performance of his duties and to indemnify the Village for any loss due to neglect of duty or wrongful act on his part; and the amount of such bond shall not be less than ten percent (10%) of the highest amount of taxes and special assessments received by the Treasurer during any fiscal year in the preceding five (5) fiscal years, nor less than one and one-half times the largest amount which the Board estimates will be in his custody at any one time, nor less than three (3) times the number of residents of the Village, as determined by the last Federal Census. Such bond shall be filed with the Clerk as required by statute. (See 65 ILCS Sec. 5/3.1-10-45)

1-2-79 SPECIAL ASSESSMENTS. The Treasurer shall collect all payments on special assessments and shall see to it that the same are properly recorded and credited to the particular account entitled thereto. (See 65 ILCS Sec. 5/3.1-35-85)

1-2-80 BOOKKEEPING. The Treasurer shall keep the books and accounts in such a manner as to show with accuracy, all monies received and disbursed for the Village, stating from whom and on what account received, and to whom and on what account paid out, and in such a way that the books and accounts may be readily investigated and understood, and the books and accounts and all files and papers of the office shall be, at all times, open to examination by the Mayor or the Finance Committee of the Board. (See 65 ILCS Sec. 5/3.1-35-40)

1-2-81 STATEMENTS. The Treasurer shall report to the corporate authorities at the regular monthly meeting, a full and detailed account of all receipts and expenditures of the municipality as shown by his books up to the time of the report. (See 65 ILCS Sec. 5/3.1-35-45)

1-2-82 REPORT DELINQUENT OFFICERS. It shall be the duty of the Treasurer to report to the Village Clerk any officer of the Village authorized to receive money for the use of the Village who may fail to make a return of the monies received by the Treasurer at the time required by law or by ordinances of the Village.

1-2-83 YEAR-END REPORT. Within six (6) months after the end of each fiscal year, the Treasurer shall prepare and file annually with the Village Clerk an account of monies received and expenditures incurred during the preceding fiscal year as specified in this Section. The Treasurer shall show the following in such account:

(A) All monies received by the Village, indicating the total amounts in the aggregate received in each account of the Village, with a general statement concerning the source of such receipts; provided, however, for the purposes of this paragraph, the term “account” shall not be construed to mean each individual taxpayer, householder, licensee, utility user, or such other persons whose payments to the Village are credited to the general account; and

(B) Except as provided in paragraph (C) of this Section all monies paid out by the Village where the total amount paid during the fiscal year exceeds Two Thousand Five Hundred Dollars ($2,500.00), giving the name of each person to whom paid, on what account paid, and the total amount in the aggregate paid to each person from each account; and

(C) All monies paid out by the Village as compensation for personal services, giving the name of each person to whom paid, on what account paid, and the total amount in the aggregate paid to each person from each account; and

(D) A summary statement of operations for all funds and account groups of the Village as excerpted from the annual financial report, as filed with the appropriate state agency of the State of Illinois.

Upon receipt of such account from the Village Treasurer, the Village Clerk shall publish the account at least once in one or more newspapers published in the Village. (See 65 ILCS Sec. 5/3.1-35-65)

[NOTE: The Treasurer shall file a copy of the report with the County Treasurer as provided in Sec. 5/3.1-35-70 of Chapter 65 of the Illinois Compiled Statutes.]

1-2-84 DEPOSIT OF FUNDS.

(A) Designation by Board. The Treasurer is hereby required to keep all funds and monies in his or her custody belonging to the Village in such places of deposit as have been designated by Section 1-2-84(F). When requested by the Treasurer, the corporate authorities shall designate a bank or banks in which may be kept the funds and monies of the Village in the custody of the Treasurer. When a bank or savings and loan association has been designated as a depository, it shall continue as such depository until ten (10) days have elapsed after a new depository is designated and has qualified by furnishing the statements of resources and liabilities as required by this Section. When a new depository is designated, the corporate authorities shall notify the sureties of the Village Treasurer of that fact in writing at least five (5) days before the transfer of funds. The Treasurer shall be discharged from responsibility for all funds or money that the Treasurer deposits in a designated bank or savings and loan association while the funds and money are so deposited.

(B) The Village Treasurer may require any bank or savings and loan association to deposit with the Treasurer securities or mortgages that have a market value at least equal to the amount of the funds or monies of the municipality deposited with the bank or savings and loan association that exceeds the insurance limitation provided by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation.

(C) The Village Treasurer may enter into agreements of any definite or indefinite term regarding the deposit, redeposit, investment, reinvestment, or withdrawal of municipal funds.

(D) Each Village Treasurer may:

(1) combine monies from more than one fund of a single municipality for the purpose of investing those funds and;

(2) join with other municipal treasurers or municipalities for the purpose of investing the municipal funds of which the Treasurer has custody.

Joint investments shall be made only in investments authorized by law for the investment of municipal funds. When monies of more than one fund of a single municipality or monies of more than one municipality are combined for investment purposes, the monies combined for that purpose shall be accounted for separately in all respects and the earnings from investments shall be separately and individually computed, recorded, and credited to the fund or municipality, as the case may be, for which the investment was acquired.

(E) No bank or savings and loan association shall receive public funds as permitted by this Section unless it has complied with the requirements established by Section 6 of the Public Funds Investment Act. (See 65 ILCS Sec. 5/3.1-35-50 and 30 ILCS Sec. 235/6)

(F) The following banks, all located within the Village limits, are herewith designated as the only places of deposit where the Treasurer of the Village may keep those funds and monies in the Treasurer’s custody belonging to this municipality:

(1) Clay County State Bank, Louisville, IL

(2) The Louisville Banking Company, a branch of the Clay City Banking Company (Ord. No. 698, 02/09/2012)

(3) The North Clay Banking Center, a branch of Flora Bank & Trust

(Ord. No. 698, 02/09/2012)

1-2-85 – 1-2-87 RESERVED.

DIVISION VIII – JUDICIARY

1-2-88 APPOINTMENT OF ATTORNEY. The Attorney shall be appointed by the Mayor, by and with the advise and consent of the Village Board for the term of one (1) year, unless sooner removed for cause, and until a successor shall have been appointed and qualified. The Attorney shall have full charge of the law affairs of the Village and shall be known as the Village Attorney and shall receive an annual salary as determined by the appropriation ordinance, compensation for office services and advice, and shall receive reasonable fees for other services rendered when, in his or her judgment, or in the judgment of the Mayor or Village Board, the same are necessary or are for the best interests of the Village. (See 65 ILCS Sec. 5/3.1-30-5)

1-2-89 DUTIES.

(A) Prosecute for Village. The Village Attorney shall prosecute or defend on behalf of the Village in all cases in which the interests of the corporation or any officer thereof are involved; and the Village Clerk shall furnish him or her with certified copies of any ordinance, bond or paper in keeping necessary to be filed or used in any suit or proceedings.

(B) Preparation of Ordinances. The Attorney shall, when required, advise the Village Board or any officer in all matters of law in which the interests of the corporation are involved, and shall draw such ordinances, bonds, forms and contracts, or examine and pass upon the same, as may be required by the Mayor, the Village Board, or any committee thereof.

(C) Judgments. The Attorney shall direct executions to be issued upon all judgments recovered in favor of the Village, and shall direct their prompt service. The Attorney shall examine all the bills of the officers of courts, and of other officers of the law, and shall certify to their correctness and the liability of the Village therefore.

(D) Violations of Ordinances. The Attorney shall institute and prosecute an action in every case of violation of a Village ordinance when instructed to do so by the Mayor or the Village Board.

(E) Prosecution of Suits. The Attorney shall not be required to prosecute any suit or action arising under the ordinances of the Village when, upon investigation of the same, the Attorney shall become satisfied that the complaint was instituted maliciously, vexatiously, or without just cause; and may withdraw from any such suit or proceeding upon such terms as he or she may deem just or equitable.

(F) Collection of Taxes. The Attorney is hereby authorized and instructed to enforce the collection of any and all taxes and special assessments in the collection of which the Village is interested and to attend all sales of real or personal property made to enforce the collection of such taxes or special assessments and to bid thereat on behalf of the Village.

(G) Commissions. The Village Attorney shall act as the legal advisory for the Utilities Systems and for all other boards and commissions hereafter established by the Village Board. The Attorney shall perform all legal services as may be required for those boards and commissions.

1-2-90 – 1-2-93 RESERVED.

DIVISION IX – VILLAGE ENGINEER

1-2-94 APPOINTMENT. With the advice and consent of the Village Board, the Mayor may appoint an engineer for the Village for a period not to exceed the term of the Mayor.

1-2-95 DUTIES. The Village Engineer shall make and submit plans, estimates and specifications for any public work which may be proposed or ordered by the Village Board. The Engineer shall also examine all public works under his or her charge and see that the plans, estimates and specifications for the same are properly executed. (See 65 ILCS Sec. 5/3.1-30-5)

1-2-96 – 1-2-97 RESERVED.

DIVISION X – SUPERINTENDENT OF PUBLIC WORKS

1-2-98 OFFICE CREATED. There is hereby created the office of Superintendent of Public Works, an executive office of the Village. The Superintendent may be appointed by the Mayor, with the advice and consent of the Board of Trustees for a period not to exceed the term of the Mayor. (See 65 ILCS Sec. 5/3.1-30-5)

1-2-99 UTILITY SYSTEMS. The Superintendent shall have charge of the operation and maintenance of the municipal water, sewer and gas systems as provided in Chapters 17 and 38 of this Code.

1-2-100 DEPARTMENT EMPLOYEES. All officers or employees assigned to the Department shall perform their duties subject to the orders and under the supervision of the Superintendent.

1-2-101 STREETS. The Superintendent shall have charge of the construction and care of all public streets, alleys, and driveways in the Village, and with keeping the same clean. The Superintendent shal see to it that all gutters and drains therein function properly and that the same are kept free from defects. The Superintendent shall perform all duties and responsibilities outlined in Chapter 28 and Chapter 33 of this Code.

1-2-102 LIGHTING. The Superintendent shall supervise the lighting of the public streets and alleys.

1-2-103 PROPERTY CUSTODIAN. The Superintendent shall be the custodian of all property of the Village which is not assigned to the care or custody of any other officer.

ARTICLE III – SALARIES

1-3-1 SALARIES OF VILLAGE OFFICIALS. The following salaries are hereby established for elected Village Officials:

(A) Mayor. The Mayor shall receive One Hundred Seventy-Five Dollars ($175.00) per regular plus One Hundred Seventy-Five Dollars ($175.00) for each special meeting.

(B) Trustees. The Village Trustees shall receive One Hundred Dollars ($100.00) per meeting plus One Hundred Dollars ($100.00) per each special meeting.

(C) Village Clerk. The Village Clerk shall receive One Hundred Ten Dollars ($110.00) for each meeting and One Hundred Ten Dollars ($110.00) for each special meeting.

(D) Village Treasurer. The Village Treasurer shall be paid a salary as established by ordinance.

(E) Village Collector. The Village Collector shall be paid a salary as established by ordinance.

(Ord. No. 499; 10-12-00)

(See 65 ILCS Sec. 5/3.1-50-5; 5/3.1-50-10; 5/3.1-50-15)

[ED. NOTE: The salaries of elected officials who hold elective office for a definite term shall neither be increased nor diminished during that term and shall be fixed at least one hundred eighty (180) days before the beginning of the terms of the officers whose compensation is to be filed.

The ordinance fixing compensation for members of the corporate authorities shall specify whether those members are to be compensated (i) at an annual rate or, (ii) for each meeting of the corporate authorities actually attended if public notice of the meeting was given.]

ARTICLE IV – MANAGEMENT ASSOCIATION

1-4-1 PARTICIPATION. This section regarding mandatory participation in the Illinois Municipal League Risk Management Association is DELETED.

1-4-2 CONTRIBUTION. This section regarding mandatory contribution to the Illinois Municipal League Risk Management Association DELETED.

ARTICLE V – INVESTMENT POLICY

1-5-1 INVESTMENT POLICY. It is always prudent for a taxing entity to have an Investment Policy in place for the purpose of safeguarding funds, equitably distributing the investments and maximizing income. The following policy shall be adopted for the Village.

1-5-2 SCOPE OF INVESTMENT POLICY. All governmental units are required to have a written investment policy adopted and implemented by January 1, 2000, as stated in Public Act 90-0688. The Village’s Investment Policy applies to the investment activities of all funds under the jurisdiction of the Village Treasurer, and to any new funds or temporary funds placed under his or her jurisdiction.

1-5-3 OBJECTIVES. The purpose of this Investment Policy is to establish management and investment guidelines for the stewardship of public funds under the jurisdiction of the Treasurer of the Village. The specific objectives of this Investment Policy are as follows:

(A) Safety of the principal.

(B) Diversity of investments to avoid unreasonable risks.

(C) The portfolio shall remain sufficiently liquid to meet all operating costs, which may be reasonably anticipated.

(D) The highest interest rate available will always be the objective of this policy combined with the safety of principal, which is left to the discretion of the Treasurer.

(E) In maintaining its investment portfgolio, the Treasurer shall avoid any transaction that might impair public confidence.

(F) The Treasurer will give consideration to the financial institution’s positive community involvement when consideration is given to the financial institution to be used as a depository.

(G) All funds will be invested for a period of one (1) day or longer, depending on the requirement for the disbursement of funds.

1-5-4 RESPONSIBILITY. All investment of funds under the control of the Treasurer are the direct responsibility of the Treasurer. The Treasurer shall be responsible for all transactions and shall establish sufficient controls of the activities of all subordinates who are directly involved in the assistance of such investment activities.

1-5-5 ACCOUNTING. The Village Treasurer shall record all investment transactions. A report will be generated, at least monthly, listing all active investments. This report will be made available to the Board of Trustees.

1-5-6 FINANCIAL INSTITUTIONS. The Board of Trustees will have the responsibility to select which financial institutions will be depositories for the Village funds. The Board will take into consideration security, size, location, condition, service, fees and the community involvement of the financial institution when choosing a financial institution. At no time will the Village’s investments exceed sixty-five percent (65%) of the financial institution’s capital and surplus. All financial institutions having any type of financial relationships, deposits, investments, loans, etc., are required to provide a complete and current “Call Report” required by their appropriate regulatory authority annually within thirty (30) days of the “Call” request date.

1-5-7 INVESTMENT VEHICLES. The Village will use investments approved for governmental units.

1-5-8 COLLATERAL. The Village Treasurer shall determine whether collateral will be required of financial institutions receiving funds. At all times, the Village will require that deposits in excess of ten percent (10%) of the capital and surplus of a financial institution be collateralized. The Village Treasurer may request collateral for any part of deposits in financial institutions when the Treasurer determines it to be in the best interest of safeguarding the funds on deposit. When collateral is required, one hundred five percent (105%) of the deposit will be required. Only the following collateral will be accepted:

(A) U.S. Government direct securities

(B) Obligations of Federal Agencies

(C) Obligations of Federal Instrumentalities

(D) Obligations of the State of Illinois

Investments shall be made with judgment and care, under the currently prevailing circumstances. Similar to the manner which persons of prudence, discretion and intelligence would exercise in the management of their own affairs. Investments will not be made with speculation, but with consideration given to the probable safety of capital as well as the possible income to be derived.

The above standard is established as the standard for professional responsibility and shall be applied in the context of managing the portfolio of the Village.

1-5-9 SECURITY CONTROLS. The Treasurer is authorized to establish financial accounts for the Village funds with the advice and consent of the Board of Trustees. At all times the Treasurer will be authorized to sign on financial accounts of the Village.

ARTICLE VI – ETHICS CODE

1-6-1 DEFINITIONS. For the purposes of this Article, the following terms shall be given these definitions:

“Campaign for Elective Office” means any activity in furtherance of an effort to influence the selection, nomination, election, or appointment of any individual to any federal, State, or local public office or office in a political organization, or the selection, nomination, or election of Presidential or Vice-Presidential electors, but does not include activities (i) relating to the support or opposition of any executive, legislative, or administrative action, (ii) relating to collective bargaining, or (iii) that are otherwise in furtherance of the person’s official duties.

“Candidate” means a person who has filed nominating papers or petitions for nomination or election to an elected office, or who has been appointed to fill a vacancy in nomination, and who remains eligible for placement on the ballot at a regular election, as defined in Section 1-3 of the Election Code (10 ILCS 5/1-3).

“Collective Bargaining” has the same meaning as that term is defined in Section 3 of the Illinois Public Labor Relations Act (5 ILCS 315/3).

“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 his or her employment, but for purposes of this Article, 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 is on premises under the control of the employer and any other time when the officer or employee is executing 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 his or her employment.

“Contribution” has the same meaning as that term is defined in Section 9-1.4 of the Election Code (10 ILCS 5/9-1.4).

“Employee” means a person employed by the Village, whether on a full-time or part-time basis or pursuant to a contract, whose duties are subject to the direction and control of an employer with regard to the material details of how the work is to be performed, but does not include an independent contractor.

“Employer” means the Village of Louisville, Clay County, Illinois.

“Gift” means any gratuity, discount, entertainment, hospitality, loan, forbearance, or other tangible or intangible item having monetary value including, but not limited to, cash, food and drink, and honoraria for speaking engagements related to or attributable to government employment or the official position of an officer or employee.

“Leave of Absence” means any period during which an employee does not receive (i) compensation for employment, (ii) service credit towards pension benefits, and (iii) health insurance benefits paid for by the employer.

“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 his or her official capacity.

“Political Activity” means any activity in support of or in connection with any campaign for elective office or any political organization, but does not include activities (i) relating to the support or opposition of any executive, legislative, or administrative action, (ii) relating to collective bargaining, or (iii) that are otherwise in furtherance of the person’s official duties.

“Political Organization” means a party, committee, association, fund, or other organization (whether or not incorporated) that is required to file a statement of organization with the State Board of Elections or a county clerk under Section 9-3 of the Election Code (10 ILCS 5/9-3), but only with regard to those activities that require filing with the State Board of Elections or a county clerk.

“Prohibited Political Activity” means:

(A) Preparing for, organizing, or participating in any political meeting, political rally, political demonstration, or other political event.

(B) Soliciting contributions, including but not limited to the purchase of, selling, distributing, or receiving payment for tickets for any political fundraiser, political meeting, or other political event.

(C) Soliciting, planning the solicitation of, or preparing any document or report regarding anything of value intended as a campaign contribution.

(D) Planning, conducting, or participating in a public opinion poll in connection with a campaign for elective office or on behalf of a political organization for political purposes or for or against any referendum question.

(E) Surveying or gathering information from potential or actual voters in an election to determine probable vote outcome in connection with a campaign for elective office or on behalf of a political organization for political purposes or for or against any referendum question.

(F) Assisting at the polls on election day on behalf of any political organization or candidate for elective office or for or against any referendum question.

(G) Soliciting votes on behalf of a candidate for elective office or a political organization or for or against any referendum question or helping in an effort to get voters to the polls.

(H) Initiating for circulation, preparing, circulating, reviewing, or filing any petition on behalf of a candidate for elective office or for or against any referendum question.

(I) Making contributions on behalf of any candidate for elective office in that capacity or in connection with a campaign for elective office.

(J) Preparing or reviewing responses to candidate questionnaires.

(K) Distributing, preparing for distribution, or mailing campaign literature, campaign signs, or other campaign material on behalf of any candidate for elective office or for or against any referendum question.

(L) Campaigning for any elective office or for or against any referendum question.

(M) Managing or working on a campaign for elective office or for or against any referendum question.

(N) Serving as a delegate, alternate, or proxy to a political party convention.

(O) Participating in any recount or challenge to the outcome of any election.

“Prohibited Source” means any person or entity who:

(A) is seeking official action (i) by an officer or (ii) by an employee, or by the officer or another employee directing that employee;

(B) does business or seeks to do business (i) with the officer or (ii) with an employee, or with the officer or another employee directing that employee;

(C) conducts activities regulated (i) by the officer or (ii) by an employee, or by the officer or another employee directing that employee; or

(D) has interests that may be substantially affected by the performance or non-performance of the official duties of the officer or employee.

1-6-2 PROHIBITED POLITICAL ACTIVITIES.

(A) No officer or employee shall intentionally perform any prohibited political activity during any compensated time, as defined herein. No officer or employee shall intentionally use any property or resources of the Village in connection with any prohibited political activity.

(B) At no time shall any officer or employee intentionally require any other officer or employee to perform any prohibited political activity (i) as part of that officer or employee’s duties, (ii) as a condition of employment, or (iii) during any compensated time off (such as holidays, vacation or personal time off).

(C) 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 his or her participation in any prohibited political activity.

(D) Nothing in this Section prohibits activities that are permissible for an officer or employee to engage in as part of his or her official duties, or activities that are undertaken by an officer or employee on a voluntary basis which are not prohibited by this Article.

(E) 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 tenure solely because he or she is a member or an officer of a political committee, of a political party, or of a political organization or club.

1-6-3 GIFT BAN. Except as permitted by this Article, no officer or employee, and no spouse of or immediate family member living with any officer or employee (collectively referred to herein as “recipients”), shall intentionally solicit or accept any gift from any prohibited source, as defined herein, or which is otherwise prohibited by law or ordinance. No prohibited source shall intentionally offer or make a gift that violates this Section.

1-6-4 EXCEPTIONS. Section 1-6-3 is not applicable to the following:

(A) Opportunities, benefits, and services that are available on the same conditions as for the general public.

(B) Anything for which the officer or employee, or his or her spouse or immediate family member, pays the fair market value.

(C) Any (i) contribution that is lawfully made under the Election Code or (ii) activities associated with a fundraising event in support of a political organization or candidate.

(D) Educational materials and missions.

(E) Travel expenses for a meeting to discuss business.

(F) A gift from a relative, meaning those people related to the individual as father, mother, son, daughter, brother, sister, uncle, aunt, great aunt, great uncle, first cousin, nephew, niece, husband, wife, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, and including the father, mother, grandfather, or grandmother of the individual’s spouse and the individual’s fiance or fiancee.

(G) 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 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: (i) 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; (ii) whether to the actual knowledge of the recipient the individual who gave the gift personall paid for the gift or sought a tax deduction or business reimbursement for the gift; and (iii) 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.

(H) Food or refreshments not exceeding Seventy-Five Dollars ($75.00) per person in value on a single calendar day; provided that the food or refreshments are (i) consumed on the premises from which they were purchased or prepared or (ii) catered. For the purposes of this Section, “catered” means food or refreshments that are purchased ready to consume which are delivered by any means.

(I) Food, refreshments, lodging, transportation, and other benefits resulting from outside business or employment activities (or outside activities that are not connected to the official duties of an officer or employee), if the benefits have not been offered or enhanced because of the official position or employment of the officer or employee, and are customarily provided to others in similar circumstances.

(J) Intra-governmental and inter-governmental gifts. For the purpose of this Act, “intragovernmental gift” means any gift given to an officer or employee from another officer or employee, and “inter-governmental gift” means any gift given to an officer or employee by an officer or employee of another governmental entity.

(K) Bequests, inheritances, and other transfers at death.

(L) Any item or items from any one prohibited source during any calendar year having a cumulative total value of less than One Hundred Dollars ($100.00).

Each of the exceptions listed in this Section is mutually exclusive and independent of every other.

1-6-5 DISPOSITION OF GIFTS. An officer or employee, his or her spouse or an immediate family member living with the officer or employee, does not violate this Article 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.

1-6-6 ETHICS ADVISOR. The Mayor, with the advice and consent of the Board of Trustees, shall designate himself or some other person as Ethics Advisor for the Village. The duties of the Ethics Advisor may be delegated to an officer or employee of the Village unless the position has been created as an office by the Village.

The Ethics Advisor shall provide guidance to the officers and employees of the Village concerning the interpretation of and compliance with the provisions of this Article and State ethics laws. The Ethics Advisor shall perform such other duties as may be delegated by the corporate authorities of the Village.

1-6-7 ETHICS COMMISSION.

(A) There is hereby created a commission to be known as the Ethics Commission of the Village. The Commission shall be comprised of the President (i.e., Mayor) and the Board of Trustees, however, any member of the Commission who is the subject of any complaint made hereunder this Article shall recuse himself from the Commission for the duration of deliberations and from any action taken upon the complaint at hand.

(B) The President shall be the chairperson of the Commission, unless he is the subject of a complaint made hereunder this Article, in which case the members of the Commission shall elect a chairperson from their members. Meetings shall be held at the call of the chairperson or any two (2) commissioners. A quorum shall consist of four (4) commissioners, and official action by the Commission shall require the affirmative vote of four (4) members.

(C) Any member of the Commission who is related by blood or marriage up to the degree of first cousin to the subject of a complaint made hereunder this Article shall recuse himself from the Commission for the duration of deliberations and from any action taken upon the complaint at hand.

(D) The Commission shall have the following powers and duties:

(1) To promulgate procedures and rules governing the performance of its duties and the exercise of its powers.

(2) Upon receipt of a signed, notarized, written complaint, to investigate, conduct hearings and deliberations, issue recommendations for disciplinary actions, impose administrative fines in accordance with Section 1-6-8(C) of this Article and refer violations of Section 1-6-2 or Section 1-6-3 of this Article to the appropriate attorney for prosecution. The Commission shall, however, act only upon the receipt of a written complaint alleging a violation of this Article and not upon its own prerogative.

(3) To receive information from the public pertaining to its investigations and to require additional information and documents from persons who may have violated the provisions of this Article.

(4) To compel the attendance of witnesses and to compel the production of books and papers pertinent to an investigation. It is the obligation of all officers and employees of the Village to cooperate with the Commission during the course of its investigations. Failure or refusal to cooperate with requests by the Commission shall constitute grounds for discipline or discharge.

(5) The powers and duties of the Commission are limited to matters clearly within the purview of this Article.

(E) Complaints.

(1) Complaints alleging a violation of this Article shall be filed with the Ethics Commission.

(2) Within three (3) 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 him or her 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 (3) 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.

(3) Upon not less than forty-eight (48) hours’ public notice, the Commission shall meet to review the sufficiency of the complaint and, if the complaint is deemed sufficient to allege a violation of this Article, to determine whether there is probable cause, based on the evidence presented by the complainant, to proceed. The meeting may be closed to the public to the extent authorized by the Open Meetings Act. The Commission shall issue notice to the complainant and the respondent of the Commission’s ruling on the sufficiency of the complaint and, if necessary, on probable cause to proceed within seven (7) business days after receiving the complaint.

If the complaint is deemed sufficient to allege a violation of Section 1-6-3 of this Article and there is a determination of probable cause, then the Commission’s notice to the parties shall include a hearing date scheduled within four (4) weeks after the complaint’s receipt. Alternatively, the Commission may elect to notify in writing the attorney designated by the corporate authorities to prosecute such actions and request that the complaint be adjudicated judicially. If the complaint is deemed not sufficient to allege a violation or if there is no determination of probable cause, then the Commission shall send by certified mail, return receipt requested, a notice to the parties of the decision to dismiss the complaint, and that notice shall be made public.

If the complaint is deemed sufficient to allege a violation of Section 1-6-2 of this Article, then the Commission shall notify in writing the attorney designated by the Corporate Authorities to prosecute such actions and shall transmit to the attorney the complaint and all additional documents in the custody of the Commission concerning the alleged violation.

(4) On the scheduled date and upon at least forty-eight (48) hours’ public notice of the meeting, the Commission shall conduct a hearing on the complaint and shall allow both parties the opportunity to present testimony and evidence. The hearing may be closed to the public only if authorized by the Open Meetings Act.

(5) Within thirty (30) days after the date the hearing or any recessed hearing is concluded, the Commission shall either: (a) dismiss the complaint or (b) issue a recommendation for discipline to the alleged violator and to the chief executive officer or other officer having authority to discipline the officer or employee, or impose a fine upon the violator, or both. The particular findings in the case, any recommendation for discipline, and any fine imposed shall be a matter of public information.

(6) If the hearing was closed to the public, the respondent may file a written demand for a public hearing on the complaint within seven (7) business days after the issuance of the recommendation for discipline or imposition of a fine, or both. The filing of the demand shall stay the enforcement of the recommendation or fine. Within fourteen (14) days after receiving the demand, the Commission shall conduct a public hearing on the complaint upon at least forty-eight (48) hours’ public notice of the hearing and allow both parties the opportunity to present testimony and evidence. Within seven (7) days thereafter, the Commission shall publicly issue a final recommendation to the alleged violator and to the Mayor or impose a fine upon the violator, or both.

(7) If a complaint is filed during the sixty (60) days preceding the date of any election at which the respondent is a candidate, the Commission shall render its decision as required under subsection (5) within seven (7) days after the complaint is filed, and during the seven (7) days preceding that election, the Commission shall render such decision before the date of that election, if possible.

(8) The Commission may fine any person who intentionally violates any provision of Section 1-6-3 of this Article in an amount of not less than One Thousand One Dollars ($1,001.00) and not more than Five Thousand Dollars ($5,000.00). The Commission may fine any person who knowingly files a frivolous complaint alleging a violation of this Article in an amount of not less than One Thousand One Dollars ($1,001.00) and not more than Five Thousand Dollars ($5,000.00). The Commission may recommend any appropriate discipline up to and including discharge.

(9) A complaint alleging the violation of this Act must be filed within one (1) year after the alleged violation.

1-6-8 PENALTIES.

(A) A person who intentionally violates any provision of Section 1-6-2 of this Article may be punished by a term of incarceration in a penal institution other than a penitentiary for a period of not more than three hundred sixty-four (364) days, and may be fined in an amount not to exceed Two Thousand Five Hundred Dollars ($2,500.00).

(B) A person who intentionally violates any provision of Section 1-6-3 of this Article is subject to a fine in an amount of not less than One Thousand One Dollars ($1,001.00) and not more than Five Thousand Dollars ($5,000.00).

(C) Any person who intentionally makes a false report alleging a violation of any provision of this Article to the local enforcement authorities, the State’s Attorney or any other law enforcement official may be punished by a term of incarceration in a penal institution other than a penitentiary for a period of not more than three hundred sixty-four (364) days, and may be fined in an amount not to exceed Two Thousand Five Hundred Dollars ($2,500.00).

(D) A violation of Section 1-6-2 of this Article shall be prosecuted as a criminal offense by the Village Attorney for the Village by filing in the circuit court any information, or sworn complaint, charging such offense. The prosecution shall be under and conform to the rules of criminal procedure. Conviction shall require the establishment of the guilt of the defendant beyond a reasonable doubt. A violation of Section 1-6-3 of this Article may be prosecuted as a quasi-criminal offense by the Village Attorney for the Village, or, if an Ethics Commission has been created, by the Commission through the designated administrative procedure.

(E) In addition to any other penalty that may be applicable, whether criminal or civil, an officer or employee who intentionally violates any provision of Section 1-6-2 or 1-6-3 of this Article is subject to discipline or discharge.

(Ord. No. 543; 05-13-04)

CHAPTER 6

BUILDING REGULATIONS

ARTICLE I – FIRE LIMITS

6-1-1 DESIGNATED. The following district shall be known as the “Fire Limits”, within said Village, lots 58, 59, 60, 61, 62, 63, 72, 73, 84, 85, 94, 95, 96, 97, 98 and 99, in the first addition to the Village. (Ord. 2 (part), 1897)

6-1-2 CONSTRUCTION OF WOODEN BUILDINGS UNLAWFUL. It is declared unlawful for any person to hereafter place upon, erect, build, or construct any wooden building, or building covered with a wooden roof, within the limits prescribed in Section 6-1-1. (Ord. 2 (part), 1897)

6-1-3 REPAIR OF WOODEN BUILDINGS. The previous section shall not be construed to prevent repairs upon any of the buildings now within the fire limits; provided, that no wooden building now standing within said fire limits, as aforesaid, shall be rebuilt or reroofed, or additions added thereto, except by consent of the Village Board in writing. (Ord. 2 (part), 1897)

6-1-4 CHANGES IN HISTORIC APPEARANCE WITHIN FIRE LIMITS. All construction of any new buildings or construction or additions, or major repairs, upon any buildings within said fire limits as of December 1, 2003, shall not commence without approval from the Village Board. Said approval shall be given only if such construction or addition will be done in such a manner as to maintain the historic appearance of the buildings in said fire limits as of December 1, 2003. This Section shall not apply to repairs which do not detract from the historical appearance of said buildings.

ARTICLE II – SETBACK REGULATIONS

6-2-1 SETBACK RESTRICTIONS. Any building constructed within the Village limits of the Village shall be located no closer than twenty (20) feet to the front lot line, no closer than ten (10) feet to the side lot line and no closer than ten (10) feet to the rear lot line of said property.

6-2-2 EXCEPTIONS. Section 6-2-1 shall not apply to any building constructed upon the Public Square in the Village of Louisville.

6-2-3 VARIANCES. A variance may be granted by the Mayor and Board of Trustees of the Village to vary the strict application of the setbacks as set forth in Section 6-2-1, in the case of irregular, narrow, shallow or steep lots or other physical conditions whereby such strict application would result in unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved. The Mayor and Board of Trustees must also find that the granting of the variance will be with the general purpose and intent of this Article and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

(Ord. No. 455; 12-12-96)

CHAPTER 3

ANIMALS

ARTICLE I – GENERAL REGULATIONS

3-1-1 SHORT TITLE. This Chapter shall be known and may be cited as the Animal Control Code. (See 510 ILCS 5/1)

3-1-2 DEFINITIONS. For the purposes of this Chapter, the following definitions are adopted and shall be used:

“ANIMAL” shall mean any animal, other than man, which may be affected by rabies. (See 510 ILCS 5/2.02)

“ANIMAL CONTROL WARDEN” means any person appointed by the Mayor and approved by the Village Board to perform duties enforcing this Code or any animal control official appointed and acting under authority of the County Board. (See 510 ILCS 5/2.03)

“AT LARGE”. Any dog shall be deemed to be at large when it is off the property of its owner and not under the control of a responsible person.

“CAT” shall mean any feline, regardless of age or sex.

“CONFINED” means restriction of an animal at all times by the owner, or his agent, to an escape-proof building or other enclosure away from other animals and the public. (See 510 ILCS 5/2.05)

“DANGEROUS DOG”. “Dangerous dog” means any individual dog which when either unmuzzled, unleashed,a or unattended by its owner, or a member of its owner’s family, in a vicious or terrorizing manner, approaches any person in an apparent attitude of attack upon streets, sidewalks, or any public grounds or places. (See 510 ILCS 5/15(2))

“DEPARTMENT OF AGRICULTURE” means the Department of Agriculture of the State of Illinois. (See 510 ILCS 5/2.06)

“DOG”. “Dog” means all members of the family Canidae. (See 510 ILCS 5/2.11)

“HAS BEEN BITTEN” means has been seized with the teeth or jaws so that the person or animal seized has been nipped, gripped, wounded, or pierced, and further includes contact of saliva with any break or abrasion of the skin. (See 510 ILCS 5/2.12)

“INOCULATION AGAINST RABIES” means the injection of an anti-rabies vaccine approved by the Department. (See 510 ILCS 5/2.13)

“LEASH” means a cord, rope, strap, or chain which shall be securely fastened to the collar or harness of a dog or other animal and shall be of sufficient strength to keep such dog or other animal under control. (See 510 ILCS 5/2.14)

“LICENSED VETERINARIAN”. “Licensed veterinarian” means a veterinarian licensed by the State in which he engages in the practice of veterinary medicine. (See 510 ILCS 5/2.15)

“OWNER”. For the purpose of this Code, the word “owner” means a person having a right of property in a dog or who keeps or harbors a dog, or who has a dog in his care, or who acts as its custodian, or who knowingly permits a dog to remain on or about any premises occupied by him. (See 510 ILCS 5/2.16)

“POUND”. “Pound” means any facility approved by the Administrator and licensed as such by the Department of Agriculture for the purpose of enforcing this Code and used as a shelter for seized, stray, homeless, abandoned, or unwanted dogs or other animals. (See 510 ILCS 5/2.18)

“REGISTRATION CERTIFICATE”. “Registration Certificate” means a printed form prescribed by the Department for the purpose of recording pertinent information as required by the Department under this Code. (See 510 ILCS 5/2.19)

“RESTRAINT”. A dog is under “restraint” within the meaning of this Code if he is controlled by a leash; at “heel” beside a responsible person; within a vehicle being driven or parked on the streets; or within the property limits of his owner or keeper.

“SHADE” shall mean protection from the direct rays of the sun during the months of June through September.

“SHELTER”, as it applies to dogs, shall mean a moisture-proof structure of suitable size to accommodate the dog and allow retention of body heat, made of durable material with a solid floor raised at least two (2) inches from the ground and with the entrance covered by a flexible, windproof material.

“UNOWNED STRAY DOG”. “Unowned stray dog” means any dog not on the premises of the owner or keeper or under control by leash or other recognized control methods, and which does not, at that time and place, bear a current rabies inoculation tag issued pursuant to the provisions of this Code, by means of which, by reference to records of current registration certificates, the Administrator or his deputies or assistants may determine the name and address of the owner or keeper thereof, or some other means of identification from which the Administrator or his deputies or assistants may directly determine the name and address of the owner or keeper thereof. (See 510 ILCS 5/2)

“VICIOUS ANIMAL” shall mean any animal which has previously attacked or bitten any person or which has behaved in such a manner that the person who harbors said animal knows or should reasonably know that the animal is possessed of tendencies to attack or bite persons.

“WILD ANIMAL” shall mean any live monkey or ape, raccoon, skunk, fox, snake, or other reptile, leopard, panther, tiger, lion, lynx or any other animal or any bird of prey which can normally be found in the wild state. (See 510 ILCS Sec. 5/24)

3-1-3 INJURY TO PROPERTY; ANIMALS RUNNING AT LARGE

(A) Unlawful. It shall unlawful for any person owning or possessing an animal to permit such animal to go upon any sidewalk, parkway, or private lands or premises without the permission of the owner of such premises or lands and break, bruise, tear up, crush or injure any lawn, flower bed, plant, shrub, tree or garden in any manner whatsoever, or to defecate thereon.

(B) Waste Products Accumulations. It shall be unlawful for any person to cause or permit a dog or cat to be on property, public or private, not owned or possessed by such person unless such person has in his immediate possession an appropriate device for scooping excrement and an appropriate depository for the transmission of excrement to a receptacle located upon property owned or possessed by such person. This section shall not apply to a person who is visually or physically handicapped.

(C) Animals running at large. No animal shall run at large at any time within the village limits. Any animal running at large at any time within the Village may be taken up by the Animal Control Officer and placed in a pound as designated by the Board. Running at large means the presence of any animal at any place other than the premises of the owner or keeper of the animal, if any, or other than any premises for which the owner or keeper of the animal has permission from the owner or occupant of said premises that the animal may be present upon said premises, unless the animal is on a leash or other restraining device and under control of a person physically able to control the animal. (See 65 ILCS 5/11-20-9)

(D) Definition of animal. The definition of the word animal as used herein this Paragraph 3-1-3 shall include any animal, whether domestic or wild, which is capable of contracting rabies. (Ord. #639; 8/13/2009)

3-1-4 MANNER OF KEEPING.

(A) Pens, Yards, or Runs. All pens, yards, runs or other structures wherein any animal is kept shall be of such construction so as to be easily cleaned and kept in clean and good repair, and free of noxious odors.

(B) Fences. Fences which are intended as enclosures for any animal shall be securely constructed, shall be adequate for the purpose, kept in good repair and shall not be allowed to become unsightly.

3-1-5 KEEPING BARKING DOGS AND CRYING CATS.

(A) Harboring. It shall unlawful for any person owning or possessing a dog or cat to knowingly keep or harbor any dog which barks, howls or yelps, or any cat which cries or howls to the great discomfort of the peace and quiet of the neighborhood or in such manner as to materially disturb or annoy persons in the neighborhood who are of ordinary sensibilities. Such dogs and cats are hereby declared to be a public nuisance.

(B) Note: this subparagraph has been deleted as of March 10, 2011. (Ord. #673; 3/10/2011)

3-1-6 CRUELTY TO ANIMALS PROHIBITED.

(A) Cruelty to Animals Prohibited. It shall be unlawful for any person to willfully or maliciously inflict unnecessary or needless cruelty, torture, abuse or cruelly beat, strike or abuse any animal, or by an act, omission or neglect, cause or inflict any unnecessary or unjustifiable pain, suffering, injury or death to any animal, whether such animal belongs to such person or to another, except that reasonable force may be employed to drive away vicious or trespassing animals. Any unwanted animals should be delivered to the County Animal Control Facility for proper disposal.

(B) Food and Shelter. It shall be unlawful for any person in charge of any animal to fail, refuse, or neglect to provide such animal with food, potable water, shade or clean shelter, or to cruelly or unnecessarily expose any such animal in hot, stormy, cold or inclement weather, or to carry any such animal in or upon any vehicle in a cruel or inhumane manner. The terms used in this section shall comply with Section 3-1-2. (See 65 ILCS Sec. 5/11-5-6)

3-1-7 EXHIBITING WILD OR VICIOUS ANIMALS.

(A) It shall be unlawful for any person to keep or permit to be kept on his premises any wild or vicious animal as described in this Chapter for display or for exhibition purposes, whether gratuitously or for a fee. This section shall not be construed to apply to zoological parks, performing animal exhibitions, or circuses.

(B) It shall be unlawful for any person to keep or permit to be kept any wild animal as a pet, unless a permit is granted by the Department of Natural Resources of the State of Illinois.

(C) It shall be unlawful for any person to harbor or keep a vicious animal within the Village. Any animal which is found off the premises of its owner may be seized by any police officer or humane officer and upon establishment to the satisfaction of any Court of competent jurisdiction of the vicious character of said animal, it may be killed by a police officer or humane officer; provided, however, that this section shall not apply to animals under the control of a law enforcement or military agency nor to animals which are kept for the protection of property, provided that such animals are restrained by a leash or chain, cage, fence, or other adequate means from contact with the general public or with persons who enter the premises with the actual or implied permission of the owner or occupant.

(D) The licensing authority may issue a temporary permit for the keeping, care, and protection of any infant animal native to this area which has been deemed to be homeless.

3-1-8 HEALTH HAZARD. The Mayor shall have the power to issue an order prohibiting the keeping of any animal, fowl or bird which is deemed to be a nuisance or pose a health hazard to the general public, and may seek judicial enforcement of said order.

3-1-9 LIMITATIONS ON NUMBER OF DOGS KEPT

(A) Nuisance. The keeping of an unlimited number of dogs in the Village for a considerable period of time detracts from and, in many instances, is detrimental to the healthful and comfortable life for which such areas were created.

The keeping of an unlimited number of dogs is, therefore, declared to be a public nuisance. The term dog shall be construed as provided in Section 3-1-2.

(B) Limitation; Exception. It shall be unlawful for any person or persons or entity to own or keep or allow to be kept more than three (3) dogs at any one household within the village limits, and the maximum dogs that may be kept at any household shall be three (3) dogs, regardless of the ownership of the dogs, with the exception that a litter of pups or a portion of a litter may be kept for a period of time not exceeding three (3) months from birth. (Ord. #639; 8/13/2009)

3-1-10 LIMITATION ON TYPES OF ANIMALS KEPT.

(A) Limitation. Notwithstanding any other provision of this Municipal Code, no person shall keep, harbor or allow to be kept or harbored within the village limits any live four-limbed animal.

(B) Definition of four-limbed animal. Subject to the exceptions hereafter noted, for purposes of this Section 3-1-10, a four-limbed animal is any animal which is a mammal, amphibian, reptile, or bird, whether wild or domesticated and regardless of the purpose for said keeping, including but not limited to keeping said animal for commercial reasons, as foodstock, or as a pet.

(C) Exceptions. The following animals shall be exempt from the provisions of this Section 3-1-10:

(1) dogs

(2) cats

(3) birds, amphibians, reptiles, and mammals which are small in size and kept as pets which are generally confined within a cage and kept inside the household, except that no person may keep a wild animal as a pet whose species is normally considered as dangerous to human life

(4) any animal maintained by a humane society, animal shelter, veterinary facility, or educational institution at its respective facility or maintained by benefit of an appropriate state or federal license

(5) any animals for which the Mayor in his discretion grants written permission to its keeper or owner that such animals may be present in the village for a special and limited purpose and time, such as pony rides, petting zoos, and the like.

(D) Public Nuisance; Impoundment. It is hereby declared that any animal so kept or harbored within the village limits is a public nuisance and shall be subject to impoundment by any police officer or animal control officer.

(E) No defense. It shall be no defense to a violation of this Section 3-1-10 that the owner or keeper of the animal has attempted to domesticate that animal.

(F) No “Grandfathering”. All persons or entities within the Village limits shall maintain their animals and property in such a manner as to comply with this Section 3-1-10 and shall be responsible for all costs and expenses that a person or entity might incur in bringing his, her or its animals and property into compliance with this Article. This Section 3-1-10 applies to all persons or entities located temporarily or permanently within the Village limits, regardless of whether a person or entity may have received a special use permit, exemption, or permission, by ordinance or otherwise, from the Village Board or Village personnel in the past. Any exemption, special use permit, or permission granted in the past by the Village which purports to allow any action or status which would be a violation of this Section 3-1-10 is hereby rescinded and declared null and void. It is the intent of this Section 3-1-10 that it apply retroactively and that no animal or person will be grandfathered to be exempt from this Section.

(Ord. #663; 10/14/2010)

(See 65 ILCS Secs. 5/11-1-1; 5/11-5-6 and 5/11-20-9)

ARTICLE II – VICIOUS AND DANGEROUS DOGS

3-2-1 DEFINITIONS. As used in this Article, the following words shall have the following meanings and definitions:

(A) “Vicious dog” means:

(1) Any individual dog that when unprovoked inflicts bites or attacks a human being or other animal either on public or private property.

(2) Any individual dog with a known propensity, tendency or disposition to attack without provocation, to cause injury or to otherwise endanger the safety of human beings or domestic animals.

(3) Any individual dog that has a trait or characteristic and a generally known reputation for viciousness, dangerousness or unprovoked attacks upon human beings or other animals, unless handled in a particular manner or with special equipment.

(4) Any individual dog which attacks a human being or domestic animal without provocation.

(5) Any individual dog which has been found to be a “dangerous dog” upon three (3) separate occasions.

No dog shall be deemed “vicious” if it bites, attacks, or menaces a trespasser on the property of its owner or harms or menaces anyone who has tormented or abused it or is a professionally trained dog for law enforcement or guard duties. Vicious dogs shall not be classified in a manner that is specific as to breed.

If a dog is found to be a vicious dog, the dog shall be subject to enclosure.

(B) “Dangerous dog” means any individual dog which when either unmuzzled, unleashed, or unattended by its owner, or a member of its owner’s family, in a vicious or terrorizing manner, approaches any person in an apparent attitude of attack upon streets, sidewalks, or any public grounds or places.

(C) “Enclosure” means a fence or structure of at least six (6) feet in height, forming or causing an enclosure suitable to prevent the entry of young children, and suitable to confine a vicious dog in conjunction with other measures which may be taken by the owner or keeper, such as tethering of a vicious dog within the enclosure. Such enclosure shall be securely enclosed and locked and designed with secure sides, top and bottom and shall be designed to prevent the animal from escaping from the enclosure.

(D) “Impounded” means taken into the custody of the public pound in the Village or town where the vicious dog is found.

(E) “Found to Be Vicious Dog” means:

(1) that the County Veterinarian, Animal Control Warden, or a law enforcement officer has conducted an investigation and made a finding in writing that the dog is a vicious dog as defined in paragraph (1) of Subsection (A) and, based on that finding, the County Veterinarian, an Animal Control Warden has declared in writing that the dog is a vicious dog or

(2) that the circuit court has found the dog to be a vicious dog as defined in paragraph (1) of Subsection (A) and has entered an order based on that finding.

3-2-2 UNLAWFUL TO MAINTAIN. It shall be unlawful for any person to keep or maintain any dog which has been found to be a vicious dog unless such dog is at all times kept in an enclosure. The only times that a vicious dog may be allowed out of the enclosure are:

(A) If it is necessary for the owner or keeper to obtain veterinary care for the dog or

(B) To comply with the order of a court of competent jurisdiction, provided that the dog is securely muzzled and restrained with a chain having a tensile strength of three hundred (300) pounds and not exceeding three (3) feet in length, and shall be under the direct control and supervision of the owner or keeper of the dog.

Any dog which has been found to be a vicious dog and which is not confined to an enclosure shall be impounded by the Animal Control Warden, or the police and shall be turned over to a licensed veterinarian for destruction by lethal injection.

3-2-3 OWNER’S RESPONSIBILITY. If the owner of the dog has not appealed the impoundment order to the circuit court in the County in which the animal was impounded within seven (7) working days, the dog may be humanely dispatched. A dog found to be a vicious dog shall not be released to the owner until the Animal Control Warden approves the enclosure as defined in this Article.

No owner or keeper of a vicious dog shall sell or give away the dog.

3-2-4 DOG PERMITTED TO LEAVE PREMISES. It is unlawful for any person to maintain a public nuisance by permitting any dangerous dog or other animal to leave the premises of its owner when not under control by leash or other recognized control methods.

Guide dogs for the blind or hearing impaired, support dogs for the physically handicapped, and sentry, guard, or police-owned dogs are exempt from this Section; provided, an attack or injury to a person occurs while the dog is performing duties as expected. To qualify for exemption under this Section, each such dog shall be currently inoculated against rabies in accordance with this Code. It shall be the duty of the owner of such exempted dog to notify the Warden of changes of address. In the case of a sentry or guard dog, the owner shall keep the Warden advised of the location where such dog will be stationed. The Warden shall provide police and fire departments with a categorized list of such exempted dogs, and shall promptly notify such departments of any address changes reported to him.

3-2-5 INJUNCTION. The Animal Control Warden, the Village Attorney, or any citizen of the Village in which a dangerous dog or other animal exists may file a complaint to enjoin all persons from maintaining or permitting such, to abate the same, and to enjoin the owner of such dog or other animal from permitting same to leave his premises when not under control by leash or other recognized control methods. Upon the filing of a complaint in the circuit court, the court, if satisfied that this nuisance may exist, shall grant a preliminary injunction with bond in such amount as the court may determine enjoining the defendant from maintaining such nuisance. If the existence of the nuisance is established, the owner of such dog or other animal shall be in violation of this Act, and in addition the court shall enter an order restraining the owner from maintaining such nuisance and may order that such dog or other animal be humanely dispatched. (See 510 ILCS Sec. 5/17)

3-2-6 LIABILITY OF OWNER OR DOG ATTACKING OR INJURING PERSON. If a dog, or other animal, without provocation, attacks or injures any person who is peaceably conducting himself in any place where he may lawfully be, the owner of such dog or other animal is liable in damages to such person for the full amount of the injury sustained. (See 510 ILCS Sec. 5/16)

3-2-7 RIGHT OF ENTRY – INSPECTIONS. For the purpose of carrying out the provisions of this Code and making inspections hereunder, the Animal Control Warden, or his authorized representative, or any officer of the law may enter upon private premises to apprehend a straying dog or other animal, a dangerous dog or other animal, or a dog or other animal thought to be infected with rabies. If, after request therefor, the owner of such dog or other animal shall refuse to deliver the dog or other animal to the officer, the owner shall be in violation of this Code. (See 510 ILCS Sec. 5/17)

(See 65 ILCS Secs. 5/11-1-1 and 5/11-20-9)

(See also 510 ILCS Sec. 5/24)

ARTICLE III – THREATENING DOGS

3-3-1 DEFINITIONS. As used in this Article, the following words shall have the following meanings and definitions:

(A) Threatening dog means:

(1) Any individual dog which is outside and is running loose, or which is tethered outside upon a rope, chain, cable or other similar device, or, if tethered upon a leash held by a person, is not tethered upon a leash of suitable strength or is not held by and under the control at all times of a person who is physically capable of controlling and managing the actions of the dog, all whether the dog is upon its owners or keepers property, other private property, or public property; and

(2) is not confined within a secure enclosure or behind secure fencing; and

(3) whose demeanor and actions when any person is present within sight of the dog reasonably indicate that the dog is threatening to attack or menace said person, regardless of whether said dog is tethered or running loose, and whose demeanor and actions would cause a reasonable person to believe that serious bodily harm would occur to a person if said dog were able to and in fact did attack a person, that serious bodily harm is imminent and would occur but for the fact that the dog is restrained in some manner or that the person was able to exit the area before the threatened attack occurred, provided that said person is not intentionally provoking the dog to display said demeanor and actions.

(B) Secure enclosure or secure fencing means a secure fence or structure , forming or causing an enclosure suitable to prevent the entry of young children, and suitable in construction and height to confine the threatening dog in question. Such fence or structure must be designed to securely keep the dog enclosed therein and to prevent the dog from escaping from the enclosure, including from digging or climbing out of said enclosure, no matter how agitated the dog might become.

3-3-2 PUBLIC NUISANCE. It is hereby declared that any dog deemed as a threatening dog pursuant to this Article is a public nuisance.

3-3-3 COMPLAINT. Any person who has been menaced, attacked or threatened to be menaced or attacked by a threatening dog as defined herein this Article may make a complaint to the Village President or his designee. The Village President or his designee shall investigate the circumstances of the complaint and shall afford the owner or keeper of the alleged threatening dog an opportunity to explain said circumstances. The Village President or his designee will make his determination based upon the complaint, an interview with the complainant and any witnesses, and the response of the owner or keeper of the dog. The Village President or his designee will attempt to determine if the dog will display similar behavior toward him or if it has displayed similar behavior upon other occasions. If the Village President or his designee determines that the facts of the case and the dogs behavior indicate that the dog has acted as a threatening dog as defined above, then the dog shall be deemed a threatening dog and a public nuisance. A written finding shall be prepared that denotes the facts and circumstances which reasonably indicate that the dog is a threatening dog.

3-3-4 NOTICE TO ABATE. Upon making a finding that a dog has been declared a threatening dog, the Village President or his designee shall give a notice to the owner or keeper of the dog that it shall be a violation of this Article if the owner or keeper allows the dog to appear outside without it being enclosed in a secure enclosure or behind secure fencing as defined herein or without it being tethered upon a leash of suitable strength held by and under the control at all times of an adult who is physically capable of controlling and managing the actions of the dog. Additionally, any owner or keeper of a threatening dog shall display in a prominent place of the premises where the threatening dog is to be kept a sign which is readable by the public from a distance of not less than 100 feet using the words Beware of Threatening Dog. A similar sign shall be posted on any confinement structure used to keep the dog. Each threatening dog must also wear at all times a collar with a name tag noting the dogs name, its owner or keepers name, and the words threatening dog. The Village shall provide information to said owner or keeper on how such a sign and tag may be obtained. The Notice to Abate shall also indicate that said dog may not be sold, given or otherwise transferred to any other person who will keep the dog within Village limits unless both village hall is informed of said transfer and the other person agrees in writing made to the Village that the other person will be bound by the provisions of the Notice to Abate. All violations of the Notice to Abate shall be binding upon and shall accumulate to the detriment of the new owner or keeper for purposes of computing the fine amount for subsequent violations of this section. The Notice to Abate will also provide said owner or keeper with his appeal rights as defined hereafter.

3-3-5 APPEAL. Any party aggrieved by the decision of the Village President or his designee may appeal to the Village Board of Trustees. Such appeal shall be made by filing with the Village Clerk within five (5) days of the delivery of the Notice to Abate to the violator a written statement indicating the basis for the appeal. The appeal shall be heard by the Village Board of Trustees at the next regular meeting. Their findings shall be conclusive, and if the nuisance of a threatening dog is found to exist, it shall be ordered abated as described herein. The Notice to Abate will be held in abeyance and stayed during the pendency of the appeal.

3-3-6 FINES. There shall be no fine issued for the initial finding that a particular dog has been deemed a threatening dog. After the initial finding has been made, the dog shall remain classified as a threatening dog for the duration of its life and shall continue to be subject to the restrictions noted in Section 3-3-4, whether or not the dog displays threatening behavior at any other time thereafter, as long as the dog is kept within the Village limits. Thereafter, if any owner or keeper of a threatening dog violates any provision of the restrictions imposed upon said dog per the Notice to Abate, then the fine imposed upon said owner or keeper shall be $120.00 for the first occurrence that any provision of the Notice to Abate is violated. For the next occasion thereafter that any provision of the Notice to Abate is violated, the fine assessed shall be $200.00, and for each occasion thereafter that any provision of the Notice to Abate is violated, the fine assessed shall be $750.00.

3-3-7 SHERIFF/ANIMAL CONTROL OFFICER AS DESIGNEE. The Village President may designate the Clay County Sheriffs Office or the Clay County Animal Control Officer as his designee to investigate complaints, make a determination that a dog has acted as a threatening dog as described herein, and issue any warnings or citations for violations of this Article.

3-3-8 REMEDIES. The Village may utilize and pursue any remedy afforded to it by any other provision of its Municipal Code or by any relevant statute in order to prevent and/or abate such nuisance. Additionally, the Village may bring a suit in equity to require the offender to prevent and/or abate the nuisance or to allow the Village to prevent and/or abate the nuisance itself in a suitable manner which is not otherwise authorized by this Article or this Code or by statute.

3-3-9 LIABILITY FOR EXPENSES. Any person or entities violating any of the provisions of this Article shall become liable to the Village for any expense, loss or damage occasioned the Village by reason of such violation or by reason of the Villages abatement of such violation, including any attorney fees and costs that might be expended by the Village to prosecute violations of this Article, to seek enforcement of the provisions of this Article, or to effect abatement of such nuisance.

CHAPTER 7

BUSINESS REGULATIONS

ARTICLE I – JUNK DEALERS

7-1-1 LICENSE. A person desiring to establish or operate a junk yard, mobile home salvage yard, automobile graveyard, or scrap processing facility within the corporate boundaries of the Village, must submit a completed application to the corporate authorities of the Village requesting a license to so establish or operate a junk yard, mobile home salvage yard, automobile graveyard, or scrap processing facility within the corporate boundaries of the Village. Said application shall include:

(A) An application fee of Two Hundred Fifty Dollars ($250.00) payable to the Village

(B) A plat of the site prepared by a licensed professional engineer showing the location where the person intends to establish and operate the proposed junk yard, mobile home salvage yard, automobile graveyard, or scrap processing facility, and showing the distance between the proposed junk yard, mobile home salvage yard, or automobile graveyard, or scrap processing facility and those residential structures, churches, restaurants, places of public accommodation and schools within one thousand five hundred (1,500) feet of the proposed junk yard, mobile home salvage yard, automobile graveyard, or scrap processing facility.

(C) A water drainage and water detention study prepared by a licensed professional engineer showing the site when the person intends to establish and operate the proposed junk yard, mobile home salvage yard, automobile graveyard, or scrap processing facility.

(D) A completed license application.

7-1-2 LICENSE RENEWAL AND LICENSE FEE. Prior to issuance of a license to establish and operate a proposed junk yard, mobile home salvage yard, automobile graveyard, or scrap processing facility, the applicant shall pay annual license fee of One Thousand Dollars ($1,000.00) to the Village. All licenses to establish and operate a junk yard, mobile home salvage yard, automobile graveyard, or scrap processing facility shall expire one (1) year from the date of issuance, and must be renewed annually by paying to the Village the annual license fee. The Village Board may refuse to renew any license granted hereunder for failure to comply with applicable state, federal, or local laws or regulations, including but not limited to this Article. The license granted hereunder shall not be assignable or transferable. In the event a license granted hereunder is assigned or transferred for any reason whatsoever, the license granted hereunder shall terminate immediately. The Village Board may refuse to grant or renew a license if it determines that the location of the junk yard would be detrimental to the health and safety of the Village and its residents or if it determines that the junk yard does not meet the aesthetic requirements of the Village.

ARTICLE II

SOLICITORS/PEDDLERS, ITINERANT VENDORS, TRANSIENT MERCHANTS,

CANVASSERS

7-2-1 DEFINITIONS. For the purpose of this Chapter, the following words as used herein shall be construed to have the meanings herein ascribed thereto, to-wit:

LICENSED VENDOR shall mean and include any person who has obtained a valid Vendors License for engaging in the activities as hereinafter described as a solicitor, peddler, itinerant vendor, transient merchant, or canvasser, and which license is in the possession of said person on his or her person while engaged in such activities.

VENDOR shall mean and include any person engaging in the activities as hereinafter described as a solicitor, peddler, itinerant vendor, transient merchant, or canvasser.

RESIDENCE shall mean and include every separate living unit occupied for residential purposes by one (1) or more persons, contained within any type of building or structure.

SOLICITOR shall mean a person engaging in any one (1) or more of the following activities, provided that such activity is attempted by the solicitor by physically calling at residences or places of business without the previous consent of the occupant thereof:

(A) Seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuffs, services of any kind, character or description whatsoever, for any kind of consideration whatsoever or;

(B) Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other type or kind of publication or;

(C) Seeking to obtain gifts or contributions of money, clothing or any other valuable thing for the support or benefit of any charitable or non-profit association, organization, corporation or project;

PEDDLER shall mean a person engaging in the selling, bartering, or exchanging or the offering for sale, barter or exchange of any tangible personal property upon or along the streets, highways, or public places of this Municipality or from house-to-house, whether at one place thereon or from place-to-place, from any wagon, truck, pushcart, or other vehicle or from movable receptacles of any kind, or from but shall not include the delivery of any item previously ordered or the sale of items along delivery routes where the purchaser has previously requested the seller to stop and exhibit his items. Nor shall ‘peddle’ be taken to include the solicitation of orders by sample where the goods or services are not delivered at the time the order is taken.

ITINERANT VENDOR shall mean any person who transports tangible personal property for retail sales within the village limits who does not maintain within the city an established office, distribution house, sales house, warehouse, service center, or residence from which such business is conducted. “Itinerant vendor” does not apply to any person who delivers tangible personal property within the village who is fulfilling an order for such property which was solicited or placed by mail or other means.

TRANSIENT MERCHANT means any person who is engaged temporarily in the retail sale of goods, wares, merchandise or services within the village limits and who, for the purpose of conducting such business, occupies any building, room, vehicle, structure of any kind, or vacant lot.

CANVASSER means any person calling at residences or places of business without the previous consent of the occupant thereof for the purpose of seeking information.

7-2-2 LICENSE REQUIRED; EXEMPTIONS. It shall be unlawful for any person, firm or corporation to engage in the activities described in the Definitions section above as a solicitor, peddler, itinerant vendor, transient merchant or canvasser as defined herein without having first secured a Vendors License therefor. Each and every person who would be conducting such activities must secure a license and pay the requisite fee, regardless of whether the person is a principal, agent, or employee of the business. However, no such license shall be required for any of the following activities:

A) The selling of services or goods, wares, merchandise, other articles of personal property, or services incident thereto, to persons other than the ultimate customer thereof;

(B) Raw produce that was raised or grown by the vendor;

(C) Selling actual newspapers or newspaper subscriptions for newspapers printed within a 200 mile radius of the village limits;

(D) Religious publications and articles offered at no cost to the occupant;

(E) All activities involving sales that fall under the sponsorship of the villages chamber of commerce’s, any North Clay Unit #25 school or school related organization, any national or Illinois charitable organization, any local charitable organization generally known as a permanently established charity in Clay County, IL., and any religious organization which has a permanently established presence within Clay County, IL.;

(F) Auctions, yard sales, garage sales and rummage sales;

(G) Persons employed or representing an established merchant, business firm, or corporation located and regularly doing business in the Village;

(H) Farmers living in Clay County, IL. selling any food items raised or produced by themselves;

(I) Permanently established residents who are registered voters in the Village, or their children, regardless of their activities conducted;

(J) Engaging in any of the activities described herein this Article by physically calling at residences or places of business with the express prior consent of the owner or occupant thereof;

(K) Solicitation by telephone or mail or internet;

(L) The selling of any type of insurance by an agent of any insurance company licensed to do business in the State of Illinois.

(M) All political activities.

7-2-3 APPLICATIONS. A person desiring a Vendors License as herein described may obtain the same by making application with the Village Clerk and providing the following information:

(A) Name, social security number, and physical description of applicant.

(B) Permanent home address, and local address if operating from such an address.

(C) A brief description of the business and of the activities to be conducted.

(D) Name and address of the employer, if any.

(E) The length of time for which the right to do business is desired.

(F) Evidence that the agent is acting on behalf of the corporation he represents.

(G) The last three (3) municipalities where the applicant carried on business as described herein immediately preceding the date of application to this Municipality, the address from which such business was conducted in those municipalities, and the employer of the applicant while conducting such activities as described herein at those last three municipalities.

(H) Provision of at least two photo identification cards, one of which must be a valid drivers license or state identification card.

All statements made by the applicant upon the application or in connection therewith shall be under oath.

7-2-4 INVESTIGATION OF APPLICANTS. Upon receipt of each application, it shall be referred to the Mayor or his designee, who shall investigate the business and moral character of the applicant. If the facts show the applicant unfit to receive the license, then it shall be denied.

7-2-5 APPROVAL OF APPLICATIONS; REVOCATION. The Mayor or his designee, after consideration of the application and all information obtained relative thereto, shall deny the application if the applicant does not possess the qualifications for such Certificate as herein required or if the issuance of a Vendors License to the applicant would not be in accord with the intent and purpose of this Article. Endorsement shall be made by the Mayor or his designee upon the application of the denial of the application. When the applicant is found to be fully qualified, the Vendors License shall be issued forthwith.

Any Vendors License issued hereunder shall be revoked by the Mayor if the holder of the License is convicted of a violation of any provision of this Article, or has made a false material statement in the application or otherwise becomes disqualified for the issuance of a Vendors License under the terms of this Article. Immediately upon such revocation, written notice thereof shall be given by the Mayor to the holder of the Vendors License in person if possible or by regular U. S. Mail, addressed to his or her residence address set forth in the application, and the Vendors License shall be immediately surrendered by the applicant. Immediately upon the giving or mailing of such notice, the Vendors License shall become null and void.

The Vendors License shall state the expiration date thereof.

7-2-6 HOURS. It is hereby declared to be unlawful and shall constitute a nuisance for any person, whether licensed under this Article or not, to engage in any of the activities described herein prior to 9:00 A.M. or after 8:00 P.M. on Monday through Saturday, or at any time on a Sunday or at any time on a State or National holiday.

7-2–7 FRAUD. No licensed peddler or hawker shall may commit any fraud, cheating or misrepresentation, whether through himself or through an employee while acting as a peddler in this Municipality, or shall barter, sell or peddle any goods or merchandise or wares other than those specified in his application for a license.

7-2-8 UNWANTED PRESENCE. Nothing contained in this Chapter nor the issuance of any license hereunder shall entitle the licensee to go in or upon any private residence or place of business for the purpose of engaging in activities as herein described if such licensee, his agents or employees are directed to depart from said private residence or place of business by the owner or person in charge thereof.

7-2-9 UNWANTED ENTRY AS NUISANCE. The practice of entering a private residence in the Village by solicitors, peddlers, itinerant merchants, transient vendors or canvassers, whether licensed or not, without having been requested or invited to so enter by the owner or occupant of said private residence for the purpose of engaging in any of the activities described herein is hereby declared to be a nuisance and is punishable as a violation of this Code.

7-2-10 PUBLIC SQUARE. No person required to be licensed hereunder this Article shall conduct any of the activities described herein in the Villages public square or the businesses located thereon without the express consent of the owner or occupants thereof.

7-2-11 FEES. The license fees per person to be charged for a Vendors License as described herein, each payable in advance, are hereby fixed and established as follows:

(A) Daily License: $10.00 per person per day

(B) Annual License: $50.00 per person per year

7-2-12 POLICY ON SOLICITING. It is declared to be the policy of this Village that the occupant or occupants of the residences or places of businesses in this Village shall make the determination of whether Vendors as herein described shall be or shall not be invited to their respective residences or places of businesses.

7-2-13 NOTICE REGULATING SOLICITING. Every person desiring to secure the protection intended to be provided by the regulations pertaining to Vendors contained in this Article shall comply with the following directions:

(A) Notice of the determination by the occupant of the refusal of invitation to Vendors to any residence or place of business shall be given in the manner provided in paragraph (B) of this Section.

(B) A weatherproof card, approximately three inches by four inches (3 x 4) in size shall be exhibited upon or near the main entrance door to the residence or place of business indicating the determination by the occupant and containing the applicable words, as follows:

ONLY REGISTERED VENDORS INVITED

OR

NO VENDORS/SOLICITORS/CANVASSERS INVITED

(C) The letters shall be at least one-third (1/3) inch in height.

(D) Such card so exhibited shall constitute sufficient notice to any Vendor as defined herein of the determination by the occupant of the residence or place of business of the information contained thereon.

7-2-14 COMPLIANCE BY VENDORS. It is the duty of every Vendor as defined herein upon going onto any premises in this Village upon which a residence or place of business is located to first examine the Notice Regulating Solicitation provided for in the Article if any is attached and be governed by the statement contained on the notice.

If the notice states ONLY REGISTERED VENDORS INVITED, then a Vendor not possessing a valid Vendors License as herein provided for shall immediately and peacefully depart from the premises; and if the notice states, NO VENDORS/SOLICITORS/CANVASSERS INVITED, then the Vendor, whether licensed or not, shall immediately and peacefully depart from the premises.

Any Vendor who has gained entrance to any residence or place of business, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the occupant.

7-2-15 UNINVITED SOLICITING PROHIBITED. It is declared to be unlawful and shall constitute a nuisance for any Vendor, whether licensed or not, to go upon any premises and ring the doorbell upon or near any door, or create any sound in any other manner calculated to attract the attention of the occupant of such premises for the purpose of securing an audience with the occupant thereof and engage in soliciting or other activities as herein defined, in defiance of the Notice Regulating Solicitation exhibited at the premises.

VILLAGE OF LOUISVILLE

BUSINESS LICENSE APPLICATION

APPLICATION NO. _________________ ANNUAL LICENSE FEE DUE MAY 1ST: $______

(PLEASE TYPE OR PRINT)

1. Applicant’s Name:_____________________________________ PHONE ( )

2. Applicant’s Address

City_________________________________ State_______________ ZIP

3. Length of resident at above address ________years ____________months

4. Applicant’s Date of Birth ___/___/___ Social Security No.

5. Marital Status ___________________ Name of Spouse

6. Citizenship of Applicant

7. Business Name________________________________________ PHONE ( )

8. Business Address

City_________________________________ State_______________ ZIP

9. Length of Employment _________years _____________months

10. All residences and addresses for the last three (3) years if different than above:

_____________________________________________________________________

______________________________________________________________________

11. Name and Address of employers during the last three (3) years if different than above:

__________________________________________________________________________

__________________________________________________________________________

12. List the last three (3) municipalities where applicant has carried on business immediately preceding the date of application:

__________________________________________________________________________

13. A description of the subject matter that will be used in the applicant’s business:

__________________________________________________________________________

14. Has the applicant ever had a license in this municipality? [ ] Yes [ ] No

If so, when _______________________________________________________________

15. Has a license issued to this applicant ever been revoked? [ ] Yes [ ] No

If “yes”, explain: _____________________________________________________________

16. Has the applicant ever been convicted of a violation of any of the provisions of this Code, etc.?

[ ] Yes [ ] No If “yes”, explain:

_________________________________________________________________________

17. Has the applicant ever been convicted of the commission of a felony? [ ] Yes [ ] No

If “yes”, explain:

18. LICENSE DATA: Term of License

Fee for License $

Sales Tax Number

License Classification __ ____

19. LIST ALL OWNERS IF LICENSE IS FOR LOCAL BUSINESS (PERMANENT):

CHAPTER 8

CABLE TELEVISION

ARTICLE I – DEFINITION OF TERMS

8-1-1 TERMS. For the purposes of this Chapter, the following terms, phrases, words, and abbreviations shall have the meanings ascribed to them below. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number.

(A) “Basic Cable” is the lowest priced tier of Cable Service that includes the retransmission of local broadcast television signals.

(B) “Cable Act” means Title VI of the Communications Act of 1934, as amended.

(C) “Cable Services” shall mean (1) the one-way transmission to Subscribers of (a) video programming, or (b) other programming service, and (2) Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.

(D) “Cable System” shall mean the Grantee’s facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide Cable Service which includes video programming and which is provided to multiple Subscribers within the Service Area.

(E) “FCC” means Federal Communications Commission, or successor governmental entity thereto.

(F) “Franchising Authority” means the Village of Louisville.

(G) “Grantee” means Wabash Independent Networks, Inc., or the lawful successor, transferee, or assignee thereof.

(H) “Gross Revenue” means any revenues received by the Grantee from the operation of the Cable System to provide Cable Services in the Service Area, provided, however, that Gross Revenues shall not include any tax, fee or assessment of general applicability collected by the Grantee from Subscribers for pass-through to a government agency, including the FCC User Fee.

(I) “Person” means an individual, partnership, association, joint stock company, trust, corporation, or governmental entity.

(J) “Public Way” shall mean the surface of, and the space above and below, any public street, highway, freeway, bridge, land path, alley, court, boulevard, sidewalk, parkway, way, lane, public way, drive, circle, or other public right-of-way, including, but not limited to, public utility easements, dedicated utility strips, or rights-of-way dedicated for compatible uses now or hereafter held by the Franchising Authority in the Service Area which shall entitle the Grantee to the use thereof for the purpose of installing, operating, repairing, and maintaining the Cable System.

(K) “Service Area” means the present boundaries of the Franchising Authority, and shall include any additions thereto by annexation or other legal means, subject to the exceptions in Section 8-3-9.

(L) “Standard Installation” is defined as one hundred twenty-five (125) feet from the nearest tap to the Subscriber’s terminal.

(M) “Subscriber” means a Person who lawfully receives Cable Service of the Cable System with the Grantee’s express permission.

ARTICLE II – GRANT OF FRANCHISE

8-2-1 GRANT. The Franchising Authority hereby grants to the Grantee a nonexclusive Franchise which authorizes the Grantee to construct and operate a Cable System in, along, among, upon, across, above, over, under, or in any manner connected with Public Ways within the Service Area, and for that purpose to erect, install, construct, or lease from any existing cable telephone or utility service provider, repair, replace, reconstruct, maintain, or retain in, on, over, under, upon, across, or along any Public Way such facilities and equipment as may be necessary or appurtenant to the Cable System for the transmission and distribution of Cable Services, data services, information and other communications services or for any other lawful purposes.

8-2-2 OTHER ORDINANCES. The Grantee agrees to comply with the terms of any lawfully adopted generally applicable local ordinance, to the extent that the provisions of the ordinance do not have the effect of limiting the benefits or expanding the obligations of the Grantee that are granted by this Franchise. Neither party may unilaterally alter the material rights and obligations set forth in this Franchise. In the event of a conflict between any ordinance and this Franchise, the Franchise shall control.

8-2-3 LEVEL PLAYING FIELD. The Franchising Authority shall not authorize or permit any Person providing video programming services and/or Cable Services to enter into the Franchising Authority’s Public Ways in any part of the Service Area on terms or conditions more favorable or less burdensome to such Person than those applied to the Grantee pursuant to this Franchise. A Franchising Authority may require insurance or surety in excess of that required under this Franchise in recognition of such operator being either a new entrant or because of the construction requirements specified in that operator’s agreement with the Franchising Authority.

8-2-4 TERM. The Franchise granted hereunder shall be for an initial term of ten (10) years commencing on the effective date of the Franchise as set forth in Section 8-8-6, unless otherwise lawfully terminated in accordance with the terms of this Franchise.

ARTICLE III – STANDARDS OF SERVICE

8-3-1 CONDITIONS OF OCCUPANCY. The Cable System installed or leased by the Grantee pursuant to the terms hereof shall be located so as to cause a minimum of interference with the proper use of Public Ways and with the rights and reasonable convenience of property owners who own property that adjoins any of such Public Ways.

8-3-2 RESTORATION OF PUBLIC WAYS. If during the course of the Grantee’s construction, operation, or maintenance of the Cable System there occurs a disturbance of any Public Way by the Grantee, Grantee shall replace and restore such Public Way to a condition reasonably comparable to the condition of the Public Way existing immediately prior to such disturbance.

8-3-3 RELOCATION FOR THE FRANCHISING AUTHORITY. Upon its receipt of reasonable advance written notice, to be not less than ten (10) business days, the Grantee shall protect, support, raise, lower, temporarily disconnect, relocate in or remove from the Public Way, any property of the Grantee when lawfully required by the Franchising Authority by reason of traffic conditions, public safety, street abandonment, freeway and street construction, change or establishment of street grade, installation of sewers, drains, gas or water pipes, or any other type of public structures or improvements which are not used to compete with the Grantee’s services. The Grantee shall in all cases have the right of abandonment of its property.

8-3-4 RELOCATION FOR A THIRD PARTY. The Grantee shall, on the request of any Person holding a lawful permit issued by the Franchising Authority, protect, support, raise, lower, temporarily disconnect, relocate in or remove from the Public Way as necessary any property of the Grantee, provided:

(A) the expense of such is paid by said Person benefiting from the relocation, including, if required by the Grantee, making such payment in advance; and

(B) the Grantee is given reasonable advance written notice to prepare for such changes.

For purposes of this Section, “reasonable advance written notice” shall be no less than thirty (30) business days in the event of a temporary relocation, and no less than one hundred twenty (120) days for a permanent relocation.

8-3-5 TRIMMING OF TREES AND SHRUBBERY. Subject to Grantor approval, the Grantee shall have the authority to trim trees or other natural growth that overhang the streets, alleys, sidewalks and public ways over which the Grantor has the authority to grant the franchise set forth herein in order to access and maintain the Cable System.

8-3-6 SAFETY REQUIREMENTS. Construction, operation, and maintenance of the Cable System shall be performed in an orderly and workmanlike manner. All such work shall be performed in substantial accordance with generally applicable federal, state, and local regulations and the National Electric Safety Code.

8-3-7 UNDERGROUND CONSTRUCTION. In those areas of the Service Area where all of the transmission or distribution facilities of the respective public utilities providing telephone communications and electric services are underground, the Grantee likewise shall construct, operate, and maintain its Cable System underground. Nothing contained in this Section shall require the Grantee to construct, operate, and maintain underground any ground-mounted appurtenances.

8-3-8 ACCESS TO OPEN TRENCHES. The Franchising Authority agrees to include the Grantee in the platting process for any new subdivision. At a minimum, the Franchising Authority agrees to require as a condition of issuing a permit for open trenching to any utility or developer that:

(A) the utility or developer give the Grantee at least ten (10) days advance written notice of the availability of the open trench, and

(B) that the utility or developer provide the Grantee with reasonable access to the open trench.

Notwithstanding the foregoing, the Grantee shall not be required to utilize any open trench.

8-3-9 REQUIRED EXTENSIONS OF THE CABLE SYSTEM. Grantee agrees to provide Cable Service to all residences in the Service Area subject to the density requirements specified in this Section. Whenever the Grantee receives a request for Cable Service from a potential Subscriber in an unserved area contiguous to Grantee’s existing distribution facilities where there are at least twenty-five (25) residences within one (1) cable strand mile from the portion of the Grantee’s trunk or distribution cable which is to be extended, it shall extend its Cable System to such Subscribers at no cost to said Subscribers for the Cable System extension, other than the published Standard/non-Standard Installation fees charged to all Subscribers. Notwithstanding the foregoing, the Grantee shall have the right, but not the obligation, to extend the Cable System into any portion of the Service Area, which is financially or technically infeasible due to extraordinary circumstances, such as a runway or freeway crossing.

8-3-10 SUBSCRIBER CHARGES FOR EXTENSIONS OF THE CABLE SYSTEM. No Subscriber shall be refused service arbitrarily. However, if an area does not meet the density requirements of Section 8-3-9 above, the Grantee shall only be required to extend the Cable System to Subscriber(s) in that area if the Subscriber(s) are willing to share the capital costs of extending the Cable System. Specifically, the Grantee shall contribute a capital amount equal to the construction cost per mile, multiplied by a fraction whose numerator equals the actual number of residences per cable strand mile from the Grantee’s trunk or distribution cable, and whose denominator equals twenty-five (25). Subscribers who request service hereunder shall bear the remaining cost to extend the Cable System on a pro rata basis. The Grantee may require that payment of the capital contribution in aid of construction borne by such potential Subscribers be paid in advance. Subscribers shall also be responsible for any Standard/non-Standard Installation charges to extend the Cable System from the tap to the residence.

8-3-11 CABLE SERVICE TO PUBLIC BUILDINGS. The Grantee, upon request, shall provide without charge, a Standard Installation and one (1) outlet of Basic Cable to those administrative buildings owned and occupied by the Franchising Authority, fire station(s), police station(s), and K-12 public school(s) that are passed by its Cable System. The Cable Service provided shall not be distributed beyond the originally installed outlet without authorization from the Grantee. The Cable Service provided shall not be used for commercial purposes, and such outlets shall not be located in areas open to the public. The Franchising Authority shall take reasonable precautions to prevent any inappropriate use of the Grantee’s Cable System or any loss or damage to Grantee’s Cable System. The Franchising Authority shall hold the Grantee harmless from any and all liability or claims arising out of the provision and use of Cable Service required by this Section. The Grantee shall not be required to provide an outlet to such buildings where a non-Standard Installation is required, unless the Franchising Authority or building owner/occupant agrees to pay the incremental cost of any necessary Cable System extension and/or non-Standard Installation. If additional outlets of Basic Cable are provided to such buildings, the building owner/occupant shall pay the usual installation and service fees associated therewith.

8-3-12 EMERGENCY USE. The Grantee’s Emergency Alert System (“EAS”) shall be operated in accordance with FCC regulations. The Franchising Authority shall permit only appropriately trained and authorized Persons to operate the EAS equipment and shall take reasonable precautions to prevent any use of the Grantee’s Cable System in any manner that results in inappropriate use thereof, or any loss or damage to the Cable System. Except to the extent expressly prohibited by law, the Franchising Authority shall hold the Grantee, its employees, officers and assigns harmless from any claims arising out of use of the EAS, including, but not limited to, reasonable attorneys’ fees and costs.

8-3-13 REIMBURSEMENT OF COSTS. If funds are available to any Person using the Public Way to provide communications services for the purpose of defraying the cost of any of the foregoing, specifically, EAS requirements, service to public buildings, extension of service or construction of facilities, the Franchising Authority shall reimburse the Grantee in the same manner in which other Persons affected by the requirement are reimbursed. If the funds are controlled by another governmental entity, the Franchising Authority shall make application for such funds on behalf of the Grantee.

8-3-14 CUSTOMER SERVICE STANDARDS. The Grantee will comply with the FCC customer service standards attached to this Franchise as Exhibit 8-3-14.

ARTICLE IV – REGULATION BY THE FRANCHISING AUTHORITY

8-4-1 FRANCHISE FEE.

(A) The Grantee shall pay to the Franchising Authority a franchise fee of five percent (5%) of annual Gross Revenues (as defined in Section 8-1-1 of this Franchise). In accordance with the Cable Act, the twelve (12) month period applicable under the Franchise for the computation of the franchise fee shall be a calendar year. The franchise fee payment shall be due annually and payable within sixty (60) days after the close of the preceding calendar year. Each payment shall be accompanied by a brief report prepared by a representative of the Grantee showing the basis for the computation.

(B) Limitation on Franchise Fee Actions. The period of limitation for recovery by the Franchising Authority of any franchise fee payable hereunder shall be three (3) years from the date on which payment by the Grantee is due to the Franchising Authority.

8-4-2 RATES AND CHARGES. The Franchising Authority may regulate rates for the provision of Basic Cable and equipment as expressly permitted by federal or state law.

8-4-3 RENEWAL OF FRANCHISE.

(A) The Franchising Authority and the Grantee agree that any proceedings undertaken by the Franchising Authority that relate to the renewal of the Grantee’s Franchise shall be governed by and comply with the renewal provisions of federal law.

(B) In addition to the procedures set forth in the Cable Act, the Franchising Authority agrees to notify the Grantee of all of its assessments regarding the identity of future cable-related community needs and interests, as well as the past performance of the Grantee under the then current Franchise term. The Franchising Authority further agrees that such assessments shall be provided to the Grantee promptly so that the Grantee has adequate time to submit a proposal pursuant to the Cable Act and complete renewal of the Franchise prior to expiration of its term.

(C) Notwithstanding anything to the contrary set forth in this Section, the Grantee and the Franchising Authority agree that at any time during the term of the then current Franchise, while affording the public appropriate notice and opportunity to comment in accordance with the provisions of federal law the Franchising Authority and the Grantee may agree to undertake and finalize informal negotiations regarding renewal of the then current Franchise and the Franchising Authority may grant a renewal thereof.

(D) The Grantee and the Franchising Authority consider the terms set forth in this Section to be consistent with the express renewal provisions of the Cable Act.

8-4-4 CONDITIONS OF SALE. If a renewal or extension of the Grantee’s Franchise is denied or the Franchise is lawfully terminated, and the Franchising Authority either lawfully acquires ownership of the Cable System or by its actions lawfully effects a transfer of ownership of the Cable System to another party, any such acquisition or transfer shall be at the price determined pursuant to the provisions set forth in Section 627 of the Cable Act.

The Grantee and the Franchising Authority agree that in the case of a final determination of a lawful revocation of the Franchise, the Grantee shall be given at least twelve (12) months to effectuate a transfer of its Cable System to a qualified third party. Furthermore, the Grantee shall be authorized to continue to operate pursuant to the terms of its prior Franchise during this period. If, at the end of that time, the Grantee is unsuccessful in procuring a qualified transferee or assignee of its Cable System which is reasonably acceptable to the Franchising Authority, the Grantee and the Franchising Authority may avail themselves of any rights they may have pursuant to federal or state law. It is further agreed that the Grantee’s continued operation of the Cable System during the twelve (12) month period shall not be deemed to be a waiver, nor an extinguishment of, any rights of either the Franchising Authority or the Grantee.

8-4-5 TRANSFER OF FRANCHISE. The Grantee’s right, title, or interest in the Franchise shall not be sold, transferred, assigned, or otherwise encumbered, other than to an entity controlling, controlled by, or under common control with the Grantee, without prior written notice to the Franchising Authority. No such notice shall be required, however, for a transfer in trust, by mortgage, by other hypothecation, or by assignment of any rights, title, or interest of the Grantee in the Franchise or Cable System in order to secure indebtedness.

ARTICLE V – BOOKS AND RECORDS

8-5-1 BOOKS AND RECORDS. The Grantee agrees that the Franchising Authority, upon thirty (30) days written notice to the Grantee and no more than twice annually may review such of its books and records at the Grantee’s business office, during normal business hours and on a nondisruptive basis, as is reasonably necessary to ensure compliance with the terms of this Franchise. Such notice shall specifically reference the subsection of the Franchise, which is under review, so that the Grantee may organize the necessary books and records for easy access by the Franchising Authority. Alternatively, if the books and records are not easily accessible at the local office of the Grantee, the Grantee may, at its sole option, choose to pay the reasonable travel costs of the Franchising Authority’s representative to view the books and records at the appropriation location. The Grantee shall not be required to maintain any books and records for Franchise compliance purposes longer than five (5) years. Notwithstanding anything to the contrary set forth herein, the Grantee shall not be required to disclose information, which it reasonably deems to be proprietary or confidential in nature, nor disclose books and records of any affiliate, which is not providing Cable Service in the Service Area. The Franchising Authority agrees to treat any information disclosed by the Grantee as confidential and only to disclose it to employees, representatives, and agents thereof that have a need to know, or in order to enforce the provisions hereof. The Grantee shall not be required to provide Subscriber information in violation of Section 631 of the Cable Act.

ARTICLE VI – INSURANCE AND INDEMNIFICATION

8-6-1 INSURANCE REQUIREMENTS. The Grantee shall maintain in full force and effect, at its own cost and expense, during the term of the Franchise, Commercial General Liability Insurance protecting the Franchising Authority against liability for loss, personal injury and property damage occasioned by the operation of the Cable System in the Service Area by Grantee. Such coverage will include: Property Damage Liability Insurance to the extent of Five Hundred Thousand Dollars ($500,000.00) aggregate, and Personal Injury Liability Insurance to the extent of Five Hundred Thousand Dollars ($500,000.00) aggregate. Excess Bodily Injury and Property Damage of One Million Dollars ($1,000,000.00) aggregate. Automobile Bodily Injury and Property Damage Liability combined One Million Dollars ($1,000,000.00) each occurrences. The Franchising Authority shall be designated as an additional insured. Such insurance shall be noncancellable except upon thirty (30) days prior written notice to the Franchising Authority. No more than once annually the Grantee shall provide a Certificate of Insurance showing evidence of the coverage required by this Section. The Grantee shall also maintain policies of insurance in amounts it deems necessary to protect it from all claims under the Worker’s Compensation laws in effect that may be applicable to the Franchising Authority.

8-6-2 INDEMNIFICATION. The Grantee agrees to indemnify, save and hold harmless, and defend the Franchising Authority, its officers, boards and employees, from and against any liability for damages and for any liability or claims resulting from property damage or bodily injury (including accidental death), which arise out of the Grantee’s construction, operation, or maintenance of its Cable System in the Service Area provided that the Franchising Authority shall give the Grantee written notice of its obligation to indemnify the Franchising Authority within ten (10) days of receipt of a claim or action pursuant to this Section. Notwithstanding the foregoing, the Grantee shall not indemnify the Franchising Authority for any damages, liability or claims proximately caused by the willful negligence of the Franchising Authority.

ARTICLE VII – ENFORCEMENT AND TERMINATION OF FRANCHISE

8-7-1 NOTICE OF VIOLATION. In the event that the Franchising Authority believes that the Grantee has not complied with the terms of the Franchise, the Franchising Authority shall informally discuss the matter with Grantee. If these discussions do not lead to resolution of the problem, the Franchising Authority shall notify the Grantee in writing of the exact nature of the alleged noncompliance.

8-7-2 THE GRANTEE’S RIGHT TO CURE OR RESPOND. The Grantee shall have thirty (30) days from receipt of the notice described in Section 8-7-1:

(A) to respond to the Franchising Authority, contesting the assertion of noncompliance, or

(B) to cure such default, or

(C) in the event that, by the nature of default, such default cannot be cured within the thirty (30) day period, initiate reasonable steps to remedy such default and notify the Franchising Authority of the steps being taken and the projected date that they will be completed.

8-7-3 PUBLIC HEARING. In the event that the Grantee fails to respond to the notice described in Section 8-7-1 pursuant to the procedures set forth in Section 8-7-2, or in the event that the alleged default is not remedied within thirty (30) days or the date projected pursuant to Section 8-7-2(C) above, if it intends to continue its investigation into the default, then the Franchising Authority shall schedule a public hearing. The Franchising Authority shall provide the Grantee at least ten (10) days prior written notice of such hearing, which specifies the time, place and purpose of such hearing, and provide the Grantee the opportunity to be heard.

8-7-4 ENFORCEMENT. Subject to applicable federal and state law, in the event the Franchising Authority, after the hearing set forth in Section 8-7-3, determines that the Grantee is in default of any provision of the Franchise, the Franchising Authority may:

(A) Seek specific performance of any provision, which reasonably lends itself to such remedy, as an alternative to damages; or

(B) Commence an action at law for monetary damages or seek other equitable relief; or

(C) In the case of a substantial default of a material provision of the Franchise, seek to revoke the Franchise in accordance with Section 8-7-5.

8-7-5 REVOCATION. Should the Franchising Authority seek to revoke the Franchise after following the procedures set forth in Sections 8-7-1 to 8-7-4 above, the Franchising Authority shall give written notice to the Grantee of its intent. The notice shall set forth the exact nature of the noncompliance. The Grantee shall have ninety (90) days from such notice to object in writing and to state its reasons for such objection. In the event the Franchising Authority has not received a satisfactory response from the Grantee, it may then seek termination of the Franchise at a public hearing. The Franchising Authority shall cause to be served upon the Grantee, at least thirty (30) days prior to such public hearing, a written notice specifying the time and place of such hearing and stating its intent to revoke the Franchise.

At the designated hearing, Grantee shall be provided a fair opportunity for full participation, including the right to be represented by legal counsel, to introduce relevant evidence, to require the production of evidence, to compel the relevant testimony of the officials, agents, employees or consultants of the Franchising Authority, to compel the testimony of other persons as permitted by law, and to question witnesses. A complete verbatim record and transcript shall be made of such hearing.

Following the hearing, the Franchising Authority shall determine whether or not the Franchise shall be revoked. If the Franchising Authority determines that the Franchise shall be revoked, the Franchising Authority shall promptly provide Grantee with its decision in writing. The Grantee may appeal such determination of the Franchising Authority to an appropriate court, which shall have the power to review the decision of the Franchising Authority de novo. Grantee shall be entitled to such relief as the court finds appropriate. Such appeal must be taken within sixty (60) days of Grantee’s receipt of the determination of the Franchising Authority.

The Franchising Authority may, at its sole discretion, take any lawful action, which it deems appropriate to enforce the Franchising Authority’s rights under the Franchise in lieu of revocation of the Franchise.

8-7-6 FORCE MAJEURE. The Grantee shall not be held in default under, or in noncompliance with, the provisions of the Franchise, nor suffer any enforcement or penalty relating to noncompliance or default, where such noncompliance or alleged defaults occurred or were caused by circumstances reasonably beyond the ability of the Grantee to anticipate and control. This provision includes work delays caused by waiting for utility providers to service or monitor their utility poles to which the Grantee’s Cable System is attached, as well as unavailability of materials and/or qualified labor to perform the work necessary.

Furthermore, the parties hereby agree that it is not the Franchising Authority’s intention to subject the Grantee to penalties, fines, forfeitures or revocation of the Franchise for violations of the Franchise where the violation was a good faith error that resulted in no or minimal negative impact on the Subscribers within the Service Area, or where strict performance would result in practical difficulties and hardship to the Grantee which outweigh the benefit to be derived by the Franchising Authority and/or Subscribers.

ARTICLE VIII – MISCELLANEOUS PROVISIONS

8-8-1 ACTIONS OF PARTIES. In any action by the Franchising Authority or the Grantee that is mandated or permitted under the terms hereof, such party shall act in a reasonable, expeditious, and timely manner. Furthermore, in any instance where approval or consent is required under the terms hereof, such approval or consent shall not be unreasonably withheld.

8-8-2 ENTIRE AGREEMENT. This Franchise constitutes the entire agreement between the Grantee and the Franchising Authority and supersedes all other prior understandings and agreements oral or written. Any amendments to this Franchise shall be mutually agreed to in writing by the parties.

8-8-3 NOTICE. This Franchise has been granted non-exclusively to the two Grantees listed below. All provisions noted herein this Article apply equally and in full to each of the Grantees listed. Unless expressly otherwise agreed between the parties, every notice or response required by this Franchise to be served upon the Franchising Authority or the Grantee shall be in writing, and shall be deemed to have been duly given to the required party when placed in a properly sealed and correctly addressed envelope:

(A) upon receipt when hand delivered with receipt/ acknowledgement,

(B) upon receipt when sent certified, registered mail,

(C) within five (5) business days after having been posted in the regular mail, or

(D) the next business day if sent by express mail or overnight air courier.

The notices or responses to the Franchising Authority shall be addressed as follows:

Village of Louisville

PO Box 306

Louisville, IL 62858

The notices or responses to the Grantee in question shall be addressed as follows:

Wabash Independent Networks, Inc. or MCC Illinois LLC

113 Hagen Drive 710 West Jefferson

Flora, IL 62839 Effingham, IL 62401

Attn: General Manager

With a copy to:

Wm. Robin Todd – Todd Law Office or MCC Illinois LLC

130 East North Ave. c/o Mediacomm Commun. Corp.

P.O. Box 430 100 Crystal Run Road

Flora, IL 62839 Middletown, NY 10941

Attn: VP Legal & Regulatory Affairs

The Franchising Authority and the Grantee may designate such other address or addresses from time to time by giving notice to the other in the manner provided for in this Section.

8-8-4 DESCRIPTIVE HEADINGS. The captions to sections and subsections contained herein are intended solely to facilitate the reading thereof. Such captions shall not affect the meaning or interpretation of the text herein.

8-8-5 SEVERABILITY. If any section, subsection, sentence, paragraph, term, or provision hereof is determined to be illegal, invalid, or unconstitutional, by any court of competent jurisdiction or by any state or federal regulatory authority having jurisdiction thereof, such determination shall have no effect on the validity of any other section, subsection, sentence, paragraph, term or provision hereof, all of which will remain in full force and effect for the term of the Franchise.

8-8-6 EFFECTIVE DATE. The effective date of the Franchise with MCC Illinois LLC is June 30, 2002, and its franchise shall expire on June 13, 2012, unless extended by the mutual agreement of the parties. The effective date of the Franchise with Wabash Independent Networks, Inc. is November 13, 2003, and its franchise shall expire on November 13, 2013, unless extended by the mutual agreement of the parties.

(Ord. No. 520; 06-13-02; Ord. No. 540; 11-13-03)

EXHIBIT 8-3.14

Section 76.309(c) FCC Customer Service Obligations

c. Effective July 1, 1993, a cable operator shall be subject to the following customer service standards:

1. Cable System Office Hours and Telephone Availability.

A. The cable operator will maintain a local, toll-free or collect call telephone access line which will be available to its subscribers twenty-four (24) hours a day, seven (7) days a week.

i. Trained company representatives will be available to respond to customer telephone inquiries during normal business hours.

ii. After normal business hours, the access line may be answered by a service or an automated response system, including an answering machine. Inquiries received after normal business hours must be responded to by a trained company representative on the next business day.

B. Under normal operating conditions, telephone answer time by a customer representative, including wait time, shall not exceed thirty (30) seconds when the connection is made. If call needs to be transferred, transfer time shall not exceed thirty (30) seconds. These standards shall be met no less than ninety percent (90%) of the time under normal operating conditions, measured on a quarterly basis.

C. The operator will not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards above unless a historical record of complaints indicates a clear failure to comply.

D. Under normal operating conditions, the customer will receive a busy signal less than three percent (3%) of the time.

E. Customer service center and bill payment locations will be open at least during normal business hours and will be conveniently located.

2. Installations, Outages and Service Calls. Under normal operating conditions, each of the following four standards will be met no less than ninety-five percent (95%) of the time measured on a quarterly basis:

A. Standard installations will be performed within seven (7) business days after an order has been placed. “Standard” installations are those that are located up to one hundred twenty-five (125) feet from the existing distribution system.

B. Excluding conditions beyond the control of the operator, the cable operator will begin working on “service interruptions” promptly and in no event later than twenty-four (24) hours after the interruption becomes known. The cable operator must begin actions to correct other service problems the next business day after notification of the service problem.

C. The “appointment window” alternative for installations, service calls, and other installation activities will be either a specific time or, at maximum, a four-hour time block during normal business hours. (The operator may schedule service calls and other installation activities outside of normal business hours for the express convenience of the customer.)

D. An operator may not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment.

E. If a cable operator representative is running later for an appointment with a customer and will not be able to keep the appointment as scheduled, the customer will be contacted. The appointment will be rescheduled, as necessary, at a time, which is convenient for the customer.

3. Communications Between Cable Operators and Cable Subscribers.

A. Notification to Subscribers.

1. The cable operator shall provide written information on each of the following areas at the time on installation of service, at least annually to all subscribers, and at any time upon request:

i. products and services offered;

ii. prices and options for programming services and conditions of subscription to programming and other services;

iii. installation and service maintenance policies;

iv. instructions on how to use the cable service;

v. channel positions of programming carried on the system; and,

vi. billing and complaint procedures, including the address and telephone number of the local franchise authority’s cable office.

2. Customers will be notified of any changes in rates, programming services or channel positions as soon as possible through announcements on the cable system and in writing. Notice must be given to subscribers a minimum of thirty (30) days in advance of such changes if the change is within the control of the cable operator. In addition, the cable operator shall notify subscribers thirty (30) days in advance of any significant changes in the other information required by the preceding paragraph.

B. Billing.

1. Bills will be clear, concise and understandable. Bills must be fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including optional charges, rebates and credits.

2. In case of a billing dispute, the cable operator must respond to a written complaint from a subscriber within thirty (30) days.

C. Refunds. Refund checks will be issued promptly, no later than either:

1. the customer’s next billing cycle following resolution of the request or thirty (30) days, whenever is earlier, or

2. the return of equipment supplied by the cable operator if service is terminated.

D. Credits. Credits for service will be issued no later than the customer’s next billing cycle following the determination that a credit is warranted.

4. Definitions.

A. Normal Business Hours. The terms “normal business hours” means those hours during which most similar businesses in the community are open to serve customers. In all cases, “normal business hours” must include some evening hours at least one (1) night per week and/or some weekend hours.

B. Normal Operating Conditions. The term “normal operating conditions” means those service conditions, which are within the control of the cable operator. Those conditions, which are not within the control of the cable operator include, but are not limited to, natural disaster, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions, which are ordinarily within the control of the cable operator include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the cable system.

C. Service Interruption. The term “service interruption” means the loss of picture or sound on one or more cable channels.

CHAPTER 12

EMPLOYEE REGULATIONS

ARTICLE I – EQUAL EMPLOYMENT POLICY

12-1-1 ADOPTION OF CODES. The Village hereby declares to uphold, defend, enforce, and advocate for all laws related to Equal Employment Opportunity including, but not limited to, the following:

(A) Title VI of the Civil Rights Act of 1964 which prohibits discrimination in the participation in or benefits of programs or activities receiving federal financial assistance on the basis of race, color, or national origin.

(B) Title VII of the Civil Rights Act of 1964 which prohibits discrimination because of race, color, religion, sex or national origin in all employment practices including hiring, firing, promotions, compensation, and other terms, privileges and conditions of employment.

(C) Title IX of the Education Amendments of 1972 which prohibits discrimination in federally assisted education programs.

(D) The Equal Pay Act of 1963 which covers all employees who are covered by the Fair Labor Standards Act. The Act forbids pay differentials on the basis of sex.

(E) The Age Discrimination Act of 1967 which prohibits discrimination because of age against anyone between the ages of forty (40) and sixty-five (65).

(F) Federal Executive Order 11246 which requires every contract with federal financial assistance to contain a clause against discrimination because of race, color, religion, sex, or national origin.

(G) Section 504 of the Rehabilitation Act of 1973 and DOL Implementing Regulations at 29 CFR 32 which prohibits any discrimination based on disability.

(H) Section 167 of JTPA and the U.S. DOL Regulations at 29 CFR Parts 31 and 32 which provides that no person in the United States shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination on the basis of race, color, or national origin, under any program or activity receiving Federal financial assistance from the Department of Labor.

(I) Chapter 68, Article I, Section 17-19 of the Illinois Constitution which prohibits discrimination based on race, color, creed, national ancestry, disability, and sex in the hiring and promotion practices of any employer.

(J) The Americans with Disabilities Act of 1990 which prohibits any discrimination against qualified individuals with disabilities on the basis of their disability.

12-1-2 NON-DISCRIMINATORY PRACTICES. The Village will assure non-discriminatory employment practices in recruitment advertising, employment, placement, layoff or termination, promotion, demotion or transfer, rate of pay or other forms of compensation and use of facilities.

12-1-3 CONTRACTING WITH NON-COMPLAINTS. The Village will not contract with other agencies, banks, businesses, vendors, etc., who practice or establish a pattern of discrimination based on sex, color, race, religion, age, national origin, political affiliation or belief.

(A) The Village shall incorporate into any contract for construction work, or modification thereof, subject to the relevant rules, regulations, and orders of the Secretary of Labor or of any prior authority that remain in effect, which is paid for in whole or in part with the aid of such financial assistance, the following “Equal Opportunity Clause”:

(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, disability or national origin. The contractor will take affirmative action to ensure that applicants are employed, and the employees are treated during employment, without regard to their race, color, religion, sex, national origin or disability. Such action shall include, but not be limited, to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

(2) The contractor will, in all solicitations or advertisement for employees places by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, or disability.

(3) In the event of the contractor’s noncompliance with the Equal Opportunity Clause or with any of the said rules, regulations, and orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or federally assisted construction contracts.

(4) The contractor will include the provisions of this Equal Opportunity clause in every subcontract or purchase order, unless exempted by the rules, regulations, or orders of the Secretary of Labor so that such provisions will be binding upon each such subcontractor or vendor.

12-1-4 OUTREACH TO ALL. The Village assures that it will actively provide nondiscriminatory outreach, selection, and service to all individuals.

12-1-5 MINORITY HIRING. Efforts will be made to hire minority individuals for all job categories so that minority employment in all categories of the work force will represent a proportionate share of minority populations in the Village as well as surrounding areas.

12-1-6 ACCOMMODATIONS FOR DISABLED. The Village will provide accommodations to the best of its ability for employees with disabilities, contingent on budget and structural limitations.

12-1-7 COMPLIANCE BY EMPLOYEES. All Village employees are expected to adhere to the above policy and to work actively for its implementation both internally and in carrying out Village program activities.

12-1-8 DESIGNATED ENFORCERS. The Village designates the Mayor and the Village Board to carry out the EEO/AA plan.

ARTICLE II SEXUAL HARASSMENT POLICY

1221 POLICY PURPOSE. This Article’s purpose is to define sexual harassment, and state the Village’s policy regarding such behavior.

1222 GENERAL STATEMENT. The Board of Trustees finds and declares that sexual harassment is a violation of basic human rights and is to be neither encouraged nor permitted within the conduct of the Village’s business. Concurrently, false or malicious accusations of sexual harassment will not be tolerated. It is the Board’s directive that the Village shall provide and preserve a work atmosphere free from sexual harassment of any kind.

1223 DEFINITIONS. For purposes of this Article, the following definitions and meanings shall apply unless the context would require otherwise:

(A) Sexual Harassment. Sexual harassment means Sexual Conduct by a Perpetrator which is:

(1) Made, either explicitly or implicitly as a term or condition of an individual’s employment.

(2) The submission to or rejection of which by an individual is used as basis for employment decisions relative to the individual.

(3) Is performed for the purpose or with the resulting effect of substantially interfering with the subject individual’s work performance or creating an intimidating, hostile or offensive working environment.

(B) Perpetrator. The word Perpetrator means the individual performing Sexual Conduct contrary to this policy.

(C) Sexual Conduct. Sexual Conduct shall mean verbal or physical communication, conduct and activity of a sexual or sexually suggestive nature by an individual, termed a Perpetrator herein, toward another individual regardless of sex, including but not limited to the following:

(1) Verbal conduct including sexual innuendoes, suggestive comments, insults, humor and jokes about sexual activities, humor or jokes about anatomy or gender-specific traits, sexual propositions, sexual threats, repeated requests for dates and statements of a sexual nature about other employees even outside the other employee’s presence.

(2) Nonverbal conduct including suggestive or insulting sounds such as whistling, leering, obscene gestures, sexually suggestive bodily gestures, “catcalls”, “smacking” or “kissing” noises.

(3) Visual. Posters, signs, pinups or slogans of a sexual or sexually suggestive nature.

(4) Physical. Unwelcome touching, hugging or kissing, pinching, brushing the body, coerced sexual intercourse, or actual assault.

(5) Victim. Victim means the individual toward whom sexual conduct is directed.

Sexual harassment most frequently involves a man harassing a woman. However, it can also involve a woman harassing a man or harassment between members of the same gender.

The most severe and overt forms of sexual harassment are easier to determine. On the other end of the spectrum, some sexual harassment is more subtle and depends to some extent on individual perception and interpretation. The trend in the courts is to assess sexual harassment by a standard of what would offend a “reasonable woman” or a “reasonable man”, depending on the gender of the alleged victim.

An example of the most subtle form of sexual harassment is the use of endearments. The use of terms such as “honey”, “darling”, and “sweetheart”, is objectionable to many women who believe that these undermine their authority and their ability to deal with men on an equal and professional level.

Another example is the use of a compliment that could potentially be interpreted as sexual in nature. Below are three statements that might be made about the appearance of a woman in the workplace.

“That’s an attractive dress you have on.”

“That’s an attractive dress, it really looks good on you.”

“That’s an attractive dress. You really fill it out well.”

The first statement appears to be simply a compliment. The last is the most likely to be perceived as sexual harassment, depending on the individual perceptions and values. To avoid the possibility of offending an employee, it is best to follow a course of conduct above reproach, or to err on the side of caution.

1224 RESPONSIBILITY OF INDIVIDUAL EMPLOYEES. Each individual employee has the responsibility to refrain from sexual harassment in the workplace.

An individual employee who sexually harasses a fellow worker is, of course, liable for his or her individual conduct.

The harassing employee will be subject to disciplinary action up to and including discharge in accordance with the Authority’s policy or a bargaining agreement, as appropriate.

An employee who either observes or believes herself/himself to be the object of sexual harassment is responsible for reporting the incident(s) to his/her supervisor or the EEO Officer.

1225 RESPONSIBILITY OR SUPERVISORY PERSONNEL. Each supervisor is responsible for maintaining the workplace free of sexual harassment. This is accomplished by promoting a professional environment and by dealing with sexual harassment as you would deal with other forms of employee misconduct.

The courts have found that the organization as well as supervisors can be held liable for damages related to sexual harassment by a manager, supervisor, employee, or third party (an individual who is not an employee but does business with an organization, such as a contractor, customer, sales representative, or repair person).

Liability is either based on an organization’s responsibility to maintain a certain level of order and discipline, or on the supervisor acting as an agent of the organization. As such, supervisors must act quickly and responsibility not only to minimize their own liability but also that of the agency.

Specifically, a supervisor must address and observed incident of sexual harassment or a complaint with seriousness, take prompt action to investigate it, report it and end it, implement appropriate disciplinary action, and observe strict confidentiality. This also applies to cases where an employee tells the supervisor about behavior considered sexual harassment but does not want to make a formal complaint. The agency’s Equal Employment Opportunity (EEO) Officer will consult with supervisors on the proper procedures to follow.

Supervisors must report any incidents or complaints of sexual harassment to the Authority’s EEO Officer on the date of the alleged occurrence, or the very next business day.

In addition, supervisors must ensure that no retaliation will result against an employee making a sexual harassment complaint.

1226 PROCEDURES FOR FILING A COMPLAINT. An employee who either observes or believes herself/himself to be the object of sexual harassment should deal with the incident(s) as directly and firmly as possible by clearly communicating her/his position to both the supervisor and offending employee. It is not necessary for sexual harassment to be directed at the person making the complaint.

The following steps may also be taken: document or record each incident (what was said or done, the date, the time, and the place). Documentation can be strengthened by written records such as letters, notes, memos, and telephone messages.

No one making a complaint will be retaliated against even if the complaint made in good faith is not substantiated. In addition, any witness will be protected from retaliation.

The process for making a complaint about sexual harassment falls into several stages.

(A) Direct Communication. If there is sexually harassing behavior in the workplace, the harassed employee should directly and clearly express her/his objection that the conduct is unwelcome and request that the offending behavior stop. The initial message may be verbal. If subsequent messages are needed, they should be put in writing in a note or a memo.

(B) Contact with Supervisory Personnel. At the same time direct communication is undertaken, or in the event the employee feels threatened or intimidated by the situation, the problem must be promptly reported to the Superintendent or the Mayor. If the harasser is the Superintendent, the problem should be reported to the Mayor or the Village Board.

(C) Formal Written Complaint. An employee may also report incidents of sexual harassment directly to the Mayor. The Mayor will counsel the reporting employee and be available to assist with filing a formal complaint. The Mayor will fully investigate the complaint and advise the complainant and the alleged harasser of the results of the investigation.

(D) Resolution Outside Village. It is hoped that most sexual harassment complaints and incidents can be resolved within the Village. However, an employee has the right to contact the Illinois Department of Human Rights (IDHR) or the Equal Employment Opportunity Commission (EEOC) about filing a formal complaint. An IDHR complaint shall be filed within one hundred eighty (180) days of the alleged incident(s) unless it is a continuing offense. A complaint with the EEOC shall be filed within three hundred (300) days.

An employee who is suddenly transferred to a lower paying job or passed over for promotion, after filing a complaint with IDHR or EEOC, may file a retaliation charge, also due within one hundred eighty (180) days (IDHR) or three hundred (300) days (EEOC) of the alleged retaliation.

An employee who has been physically harassed or threatened while on the job may also have grounds for criminal charges of assault and battery.

1227 TRAINING. The Mayor is responsible for ensuring that Superintendents and staff are trained and made aware of the full range of practices that might constitute sexual harassment.

12-2-8 FALSE AND FRIVOLOUS COMPLAINTS. False and frivolous charges refer to cases where the accuser is using a sexual harassment complaint to accomplish some end other than stopping sexual harassment. It does not refer to charges made in good faith which cannot be proven. Given the seriousness for the accused, a false and frivolous charge is a severe offense that can itself result in disciplinary action.

ARTICLE III – ANTI-NEPOTISM POLICY

12-3-1 NEPOTISM PROHIBITED. No person shall become an employee of the Village if any elective office holder then serving, including but not limited to any member of the Village Board of Trustees, the Mayor or the Village Clerk, is related to such person in any of the following degrees: spouse, child, brother, sister, grandparent, grandchild, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law or daughter-in-law.

12-3-2 POLICY INCLUDES. No person shall become an employee of the Village if the position sought to be filled by such person would be supervised by a current employee of the Village to which such person is related in any of the following degrees: spouse, child, brother, sister, grandparent, grandchild, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law or daughter-in-law.

12-3-3 EMPLOYMENT PARAMETERS. After the effective date of employment, an employee shall not be terminated or otherwise have his or her employment placed in jeopardy in any way whatsoever should a person to which such employee is related (in any of the degrees referenced in Section 12-3-1) be elected to any elective office of the Village.

12-3-4 VILLAGE CLERK – COPIES TO EMPLOYEES. The Village Clerk is hereby directed to provide a copy of this Article to all present employees, and to all persons applying for employment with the Village.

(Ord. No. 486; 05-13-99)

ARTICLE IV – ANTI-DRUG AND ALCOHOL ABUSE POLICY

12-4-1 Anti-drug and alcohol abuse policy. It is the policy of the Village that the public has the reasonable right to expect persons employed by the Village to be free from the effects of drugs and alcohol. Employees who use drugs and alcohol pose serious safety and health risks to themselves and others. The Village has the right to expect its employees to report for work fit and able for duty. The Village will take reasonable measures to maintain a work environment which is free of alcohol and substance abuse, to provide a safe and secure workplace for its employees and the community in which the Village operates.

This policy applies to all Village employees as described further below.

Part of this policy applies only to testing for covered employees as described further below. The second part of the policy discusses testing for employees not engaged in gas department work.

The Village recognizes that alcohol and drug abuse is considered by many to be an illness and encourages its employees to voluntarily utilize any available employee assistance program before such abuse affects such employee’s job performance. No employee shall be disciplined for or the subject of adverse employment action for the first instance where such employee notifies the department head that he/she has a problem with drug or alcohol use, and voluntarily seeks assistance prior to initiation of an investigation of suspected drug or alcohol abuse by such employee. Such employees shall be referred by the personnel director/designee to the Village’s employee assistance program for confidential counseling and treatment, if such program has been made available by the Village. The personnel director/designee and department head shall not divulge any information received from such employee who voluntarily seeks the help of the employee assistance program. Such voluntary referrals to the employee assistance program, however, does not relieve such employee from the responsibility to adequately perform his/her job. In addition, voluntary submittal does not eliminate such employee from the requirements to take required drug and alcohol tests as described in this policy.

The purpose of this policy is to provide a drug and alcohol policy for all employees.

(a) Definitions. For the purpose of this policy, the words and terms defined in this section shall have the meaning therein given, unless the context otherwise clearly requires.

(1) “Covered employees” are those employees who perform, on a pipeline or LNG facility or a gas delivery infrastructure, any operations, maintenance, or emergency-response function regulated by Parts 192, 193 or 195 of Title 49 of the Code of Federal Regulations, hereinafter referred to a “gas department work”. These terms do not cover clerical or accounting functions.

(2) “Employee” means any person employed by the Village as an actual employee, including but not limited to those persons in a special assignment, part-time, or full-time status, and all levels of management.

(3) “Operator” means any employee who operates any vehicle or machinery while working for the Village.

(b) Prohibitions. The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance or alcohol is prohibited on all municipal premises, in any municipally owned or leased motor vehicle, or other location at which the employee is to perform work. The Village may terminate any employee who possesses any illegal drug, in any amount. The following will be strictly enforced:

(1) The Village will maintain a pre-employment screening program designed to prevent hiring anyone who uses any illegal drugs.

(2) No employee will consume any amphetamines/methamphetamines, marijuana, opiates, cocaine, barbiturates, benzodiazepines, methadone, methaqualone, propoxyphene, or phencyclidines (PCP) while on or off duty, except as provided in subsection (b)(4) of this policy.

(3) No covered employee or operator shall report for work or drive in the course of his employment while impaired by any drug, controlled substance, or with an alcohol breath concentration of .02 or greater. No employee performing non-gas department work shall report for work or drive in the course of his employment while impaired by any drug, controlled substance, or with an alcohol breath concentration of .04 or greater.

(4) An employee may use a substance administered by or under direction of a physician who has advised the employee that the substance will not affect the employee’s ability to safely operate a motor vehicle or perform his/her job.

(5) No operator whose motor senses, sight, hearing, balance, reaction, reflexes or judgement are presumed to be affected or who has consumed any alcohol within four (4) hours, may operate any motor vehicle. No employee, other than a operator, whose motor senses, sight, hearing, balance, reaction, reflexes or judgment are presumed to be affected or who has consumed any alcohol within two (2) hours, may perform his job.

(6) Any employee who sells or otherwise dispenses illegal drugs or alcohol to others on municipal premises, in or from a municipally owned or leased motor vehicle, is subject to immediate termination.

(7) An employee may not use a substance administered by or under the direction of a physician not specifically prescribed for him/her.

(c) Drug testing (for employees performing gas department work at the time in question or in regard to random testing, those employees considered “covered employees”).

(1) Drug testing. The Village hereby adopts the attached policy entitled “Village of Louisville – Gas Department – Anti-Drug Program” and all of its component provisions as the Village’s Anti-Drug Plan as required by 49 CFR Part 149. Said policy shall at all times comport with the requirements of 49 CFR Part 149, but may be more stringent in its requirements on employees than the requirements set forth in 49 CFR Part 149. Said policy shall be made a part of the Village of Louisville Personnel Policy and may be amended from time to time by proper motion duly made and approved by the Board of Trustees of the Village of Louisville. All covered employees will be required to take and successfully pass urine drug testing as stated in said policy. Refusal to submit to such testing is considered a positive test. The Village may choose from time to time any qualified individual or company as its drug testing service provider and medical review officer.

(d) Drug and alcohol testing (employees working in a capacity other than as a covered employee).

(1) Drug testing. The Village will require drug testing as described in subsection (d)(2)[a] through (d)(2)[e] of this policy. The drugs prohibited are set forth in (b)(2) above. All urine samples shall be split-samples. The “primary sample” shall be at least thirty (30) ml. of urine; the “split-sample” shall be at least fifteen (15) ml. Failure of the employee to provide that quantity even after a two (2) hour second opportunity following drinking up to twenty-four (24) ounces of water, will cause the employee to be immediately referred to the medical review officer (MRO) for a medical evaluation to develop pertinent information concerning whether the employees inability to provide a specimen is genuine or constitutes a refusal to test. The MRO will make a conclusion in writing to the employer. While this process is being accomplished, the employee shall be placed off duty.

(2) Alcohol testing. The Village will require alcohol testing as described in subsection (d)(2)[b] through (d)(2)[e] of this policy. Two (2) breath tests may be required to determine if a person has a prohibited alcohol concentration. A “screen test” shall be conducted first. Any result less than .04 alcohol concentration is considered a “negative test”. If the alcohol concentration is .04 or greater, a second or “confirmation test” must be conducted after a fifteen (15) minute wait. Both tests shall be by an “evidential breath testing” (EBT) device, that prints out the results, date, time, a sequential test number, name and serial number of the EBT. The alcohol test must be conducted by a “breath alcohol technician” (BAT) who is trained to operate an EBT device and is proficient in all breath alcohol testing procedures. In the event it is not possible to conduct a breath alcohol test using an EBT, a blood or urine alcohol test will be conducted.

Failure of the employee to provide an adequate amount of breath will cause the employee to immediately be referred to the MRO for medical evaluation to develop pertinent information concerning whether the employee’s inability to provide the adequate amount of breath is genuine or constitutes a refusal to test. The MRO will make a conclusion in writing to the employer. While this process is being accomplished, the employee shall be placed off duty.

All employees will be required to take and successfully pass urine drug testing and breath alcohol testing as stated in subsection (2) [a] through [e] of this policy. Refusal to submit to such screening is considered a positive test. The Village will adhere to the following:

[a] Pre-employment: Applicants applying for part-time or full-time employee status may be required to take and successfully pass urine drug tests before they can be hired. No applicant shall start work while these test results are being obtained.

[b] Reasonable suspicion: Any employee suspected of drug or alcohol use as a result of reasonable evidence upon reporting to work, during the work day, or upon completion of his day’s work activity may be subjected to a reasonable suspicion urine drug or breath alcohol test. Refusal to submit to such a screening will be considered a positive test. A reasonable suspicion observation form must be completed and signed by at least one qualified supervisor within twenty-four (24) hours of the observation that led to a reasonable suspicion test.

[c]. Post-accident testing:

1. The Village may require post-accident urine drug and breath alcohol testing of all employees covered by this policy at the discretion of the supervisor and the personnel director/designee.

2. All accidents involving property damage, bodily injury, or injury that could result in a worker’s compensation claim must be reported immediately to the employee’s supervisor. The supervisor must notify the personnel director/designee immediately after the accident, and the safety coordinator by the next business day. A post-accident urine drug test shall be conducted as soon as possible, but not later than thirty-two (32) hours after the accident. If the test is not administered, the employer shall prepare and maintain on file a record stating the reasons the test was not promptly completed. If a breath alcohol test is not conducted within two (2) hours, a record shall be prepared and retained stating why. If in eight (8) hours a breath alcohol test is still not conducted, all attempts shall cease and a complete record made of why it was not accomplished. (See subsection (i)(4) of this policy for disciplinary action that will be taken for failure to report an accident.) In addition, the employee shall not consume any alcohol for at least eight (8) hours following an accident or until a breath alcohol test has been accomplished.

3. As a condition of employment, all employees shall provide the necessary authorization for obtaining medical records and reports that would indicate if a controlled substance or alcohol was in the employee’s system and the level present. Such authorization is to be used for an employee seriously injured and cannot provide a urine specimen or breath alcohol test at the time of the accident.

4. The Village shall provide the employee with sufficient procedures so that the employee can meet the requirements of subsections [c]1 through 3 of this policy.

5. Failure of the employee to be readily available for a urine drug or breath alcohol test or refusal to give a urine or breath sample when the employee has been involved in an accident, except for an employee who meets the conditions of subsection [c]3 of this policy, shall be considered a refusal to take a test or a positive test result.

[d] Return-to-duty testing: An employee who has complied with all the recommendations of the substance abuse professional must successfully pass a urine drug or breath alcohol test prior to return to duty.

[e] Follow-up testing: The MRO may subject an employee to at least six (6) unannounced urine drug or breath alcohol tests in the first twelve (12) months after return to duty.

(e) Test results.

(1) Drug test results. Test results will be reviewed to determine whether there is any indication of controlled substance use.

a. The test results will be released to and reviewed by a medical review officer (MRO). If there is any evidence of a positive result, the MRO will give the person tested an opportunity to discuss the results and provide documentation of legally prescribed medication.

b. The medical review officer will then release the results to the Village’s personnel director/designee, who will maintain them in a secure location with controlled access.

(2) Alcohol test results. Test results for employees covered under this policy shall be provided on a form supplied by the institution performing the EBT. Copy 1 will be retained by the breath alcohol technician (BAT), copy 2 shall go to the employee, and copy 3 shall be transmitted to the employer.

(f) General.

(1) The test results from all drug and alcohol tests will become a part of the employee’s file which shall be in a secured location with controlled access and retained as specified in the said federal regulations or in this policy.

(2) The results will not be released to any unauthorized party without written consent of the employee, except as described in subsections (h)(4) and (5) of this policy.

(g) Employee training program.

Training may be offered by the Village to provide educational information concerning the effects and consequences of drug and alcohol use on personal health, safety and work environment as provided in said federal regulations.

(1) Full-time employees may be required to take at least one (1) hour of training each year on substance abuse and alcohol use, which includes the employer’s policies and procedures, and sign a form certifying their attendance.

(2) Written notice will be given when training is available.

(h) Laws and regulations.

(1) The Village will comply with all federal, state and local laws and regulations concerning any violations of criminal drug and alcohol use in the work place.

(2) Record keeping: all records will be retained at a minimum as listed in the said federal regulations.

(3) An employee is entitled, upon request, to obtain copies of any records pertaining to his use of drugs or alcohol, and test results. Access shall not be contingent upon payment for records other than those requested.

(4) Records shall be made available to a prospective or subsequent employer upon receipt of a written request from the employee or former employee.

(5) The Village may disclose information required to be maintained under this policy on an employee to the decision maker in a lawsuit, grievance, or other proceedings initiated by or on behalf of that employee and arising from the results of an alcohol or controlled substance test required by this policy, or from the employer’s determination that the employee engaged in conduct prohibited by this policy, including but not limited to worker’s compensation, unemployment compensation, or other proceeding related to benefits sought by the employee.

(6) If an employee’s license is revoked or suspended or if an employee is convicted or placed on court supervision for any drug of alcohol related criminal charge, such employee must notify his supervisor and personnel director/designee immediately. Failure to do so may result in disciplinary action.

(i) Disciplinary action.

(1) An employee who violates this policy will be advised by the personnel director/designee of any resources available to the employee in evaluating and resolving problems associated with the misuse of drugs or alcohol.

(2) The first and any subsequent violation of this policy may result in termination or lesser disciplinary action as determined by Village authorities.

(3) a. Prior to being eligible for return-to-duty testing, an employee must be evaluated by a substance abuse professional, who shall recommend any assistance needed. When the employee has complied with all the recommendations of the substance abuse professional, the employee must request the results of the evaluation and notification of release be given in writing to the medical review officer (MRO).

b. The MRO shall then subject such employee to at least six (6) unannounced urine drug tests or breath alcohol tests in the first twelve (12) months after return to duty. Follow-up testing shall not extend beyond sixty (60) months.

c. All records in reference to the referrals, evaluation, return-to-duty and follow-up testing shall be retained for a minimum of five (5) years.

(4) a. An investigation will be done by the personnel director/designee in regard to failure to report an accident as described in the said Anti-Drug Program policy and subsection (d)(2)[e] of this policy.

b. After an investigation has been conducted, if it is determined that an employee or his supervisor was negligent in reporting an accident, the following steps are available to be taken: written warning; suspension up to five (5) days off without pay, except that available vacation, sick and personal days may be used cover any such suspension; termination.

(j) Employee assistance program/responsibility of cost. The Village may, but is not required to, provide an employee assistance program for full-time employees and such employee’s immediate family members who live in the same household in accordance with the following guidelines.

Each full-time employee may receive a list of professionals they may choose to use for rehabilitation. This list is only provided as a courtesy, such employee may use a qualified professional of their own choosing. If such employee does not utilize any such employee assistance program as may be provided by the Village, such employee will be responsible for checking insurance coverage and paying any charges not covered.

(1) The Village will pay for drug and alcohol testing that is required for pre-employment, random, periodic, post-accident, reasonable cause, return-to-duty, and follow-up testing.

(2) The Village will pay any fees in conjunction with services rendered by the medical review officer as described in this policy.

(3) The Village will pay the substance abuse professional’s fee for the initial evaluation after a positive drug or alcohol test.

(4) The employee will pay for all treatment recommended by the substance abuse professional that is necessary for his rehabilitation, over and above that which might be provided in any employee assistance program. All employees covered by the Village’s health insurance may submit claims to the Village’s health insurance provider to help offset his cost incurred during rehabilitation.

(5) The employee will be responsible for any travel expenses incurred as a part of rehabilitation.

(6) After the employee has complied with all the recommendations of the substance abuse professional and has returned to work, the Village will pay for any follow-up drug and alcohol testing.

(7) Paid leave: Employees will be required to exhaust all sick leave, vacation, personal days, and compensatory time away from work for rehabilitation. If the employee qualifies for leave under the Family and Medical Leave Act (FMLA), the employee must exhaust all the paid time referred to in the previous sentence before continuing the leave on an unpaid basis under the FMLA.

(8) Non-paid leave: If an employee is on non-paid leave as the result of anti-drug and alcohol abuse policy, there shall be no accrual of service time, vacation, holidays, sick leave, or other paid leave during such non-paid leave.

(k) Nothing in this policy shall be construed as to abrogate the “at-will” employment status of all Village employees, and any employee may be terminated at any time pursuant to that “at-will” employment status.

ARTICLE V – ANTI-DRUG PROGRAM POLICY

VILLAGE GAS DEPARTMENT

12-5-1 Anti-drug program policy – Village Gas Department. The following is the Anti-Drug Program Policy for the Village Gas Department:

I. PURPOSE

This Anti-Drug Program (“Program”) has been established by Louisville Gas Dept., hereinafter the Company, in compliance with the requirements of U.S. Department of Transportation 49 CFR Part 199 (53 FR 47096; Nov, 21, 1988), as amended, which require establishment of an Anti-Drug Plan, and shall be the policy of said Village.

The Company has a vital interest in maintaining a safe, healthful and efficient working conditions for its employees, and for the safety of its customers, An employee with an illegal drug in their system while on the job may pose serious safety and health risks not only to the user, but to all those who work with the user, and to the public. The possession, use or sale of an illegal drug at the workplace is strictly prohibited, and may also pose unacceptable risks at the workplace. It is the intention of the Company to maintain a safe healthful and efficient working environment for all its employees and customers and to protect company property, equipment and operations.

II. POLICY

The Company expects all employees to report to work in a condition fit to perform the duties of their job. While Company does not normally intend to intrude into the private lives of its employees, the Company recognizes that an employee’s off-the-job, as well as on-the-job, drug use can have an impact on the workplace and on the Company’s ability to accomplish its goal of a drug free work environment. Accordingly, the company has adopted the following policy. For purposes of this policy, “covered employees” (those subject to the drug testing requirements set forth herein) are those employees who perform, on a pipeline or LNG facility, any operations, maintenance, or emergency-response function regulated by Parts 192, 193 or 195 of Title 49 of the Code of Federal Regulations. This policy does not cover clerical, truck driving, or accounting functions.

1. Illegal Drugs or Controlled Substances

It is the policy of Company to prohibit the use, manufacture, distribution, and/or possession of any illegal drug or controlled substance on Company premises, and to prohibit employees from reporting to work or working with illegal drugs or controlled substances in their system. Any employee who is found to have engaged in such actions win be disciplined, up to, and including immediate discharge.

2. Substance Abuse Testing

Testing for the presence of illegal drugs will be conducted: (a) pre-employment, (b) on a random basis, (c) based on reasonable cause, (d) post-accident, (e) return-to-duty, and (f) follow-up, as more fully described below.

A. Pre-employment Testing

All applicants for hire for a covered employee position will be required to submit to a pre-employment drug test. A candidate’s application will be rejected if testing shows a confirmed positive for illegal drugs, as interpreted by the Company’s Medical Review Officer (“MRO”).

B. Random Testing

The Company will conduct random testing for all covered employees. including supervising personnel who actually perform covered functions. An employee also includes part time and temporary employees who perform a function described under the definition of a covered employee.

The Random Testing, once begun, will provide for tasting of at least twenty-five percent (25%) of all covered employees to be tested during the first twelve (12) months of Random Testing; with the testing being reasonable spaced over the period, and with the last collection of specimens representative of an annualized rate of at least fifty percent (50%) of covered employees.

The annualized rate for Random Testing following the first twelve months after implementation of this testing, will be no less than fifty percent (50%) of covered employees.

The Company will use the following method to accomplish the Random selection of covered employees.

The Company will provide the names of ail covered employees to its designated drug program service provider. Said service provider will use a system of selecting covered employees to be tested on a random basis using a scientifically valid method, with each covered employee having an equal chance of being tested each time selections are made. The designated service provider will be responsible for conducting the random selection process and drawing the names on an unannounced, random interval basis (Quarterly), to achieve the required percentage rate stipulated in this plan and required by law. The designated service provider will then notify the Company Representative of the random selection, and the Company will direct selected employee to the designated collection site, where employee will present themselves no later than two (2) hours after the time of notification.

C. Reasonable Cause Testing

A covered employee will be required to submit to drug test and based on reasonable cause when there is a reasonable and articulable belief that the employee is using a prohibited drug on the basis of specific, contemporaneous physical, behavioral, or performance indicators of probable drug use which must be confirmed by: (1) If the employer has 50 or more employees subject to tasting, at least, two of the employee’s supervisors, one of whom is trained in detection of the possible symptoms of drug use (which supervisors shall substantiate and

concur in the decision to test an employees, which concurrence may occur by telephone, or (2) if the employer has less than 50 employees subject to testing, at least one supervisor of the employee trained in detecting possible drug use

symptoms,

Reasonable cause must be based on specific, contemporaneous physical, behavioral, or performance indicators of probable drug use. Some circumstances that might require reasonable cause testing are evidence of repeated errors on the job, regulatory or Company rule violations, or

unsatisfactory time and attendance patterns, if coupled with a specific, contemporaneous event that indicates probable drug use.

The employee will be sent to the Company MRO where & medical evaluation will be completed and the specimen collected,

D. Post Accident Testing

Part 199 requires operators to drug test employees whose performance either contributed to an accident or cannot be completely discounted as a contributing factor to the accident. The employee will be tested as soon as possible, but not later than thirty-two (32) hours after the accident, The employee will be sent to the Company MRO where a medical evaluation will be completed and a urine sample will be completed to check for the presence of drugs. If an employee is injured, unconscious or otherwise unable to evidence consent to the drug test, ail reasonable steps will be taken to obtain a urine sample.

An “accident” on a gas pipeline or LNG facility is defined as follows

1, An event that involves a release of gas from a pipeline or of liquefied natural gas or gas from an LNG facility and;

a. A death or persona! Injury necessitating inpatient hospitalization; or

b Estimated property damage, including cost of gas lost, of the operator or ethers, or both of $50,000.00 or more

2 An event that results In an emergency shutdown of an LNG facility.

3, An event that is significant, in the judgment of the operator, even though it did not meet the criteria above,

E. Return to Duty and Follow-Up Testing

Unless some form of unusual extenuating circumstances exist, an applicant or employees who refuses to test or who tests positive for any prohibited drug will either be refused employment or be discharged and shall not be eligible for hire or rehire at any time. However, if unusual circumstances resulted in the Company’s election to hire an applicant for, or allow a recovered employee to return to work after failing s drug test under this program, it is mandatory that the individual first be evaluated face-to-face by a substance abuse professional In addition, the individual must have properly followed any prescribed assistance, and passed a return-to-duty drug test, and a substance abuse professional must have determined that the individual may return to duty, In addition, anyone returned to duty in these circumstances will be subject to unannounced testing for a period not to exceed sixty (60) months, Whether testing is conducted on a daily, weekly, monthly or longer basis is left to the discretion of the MR.O, The number of tests will be determined by the MRO but shall consist of at least six (6) tests in the first twelve (12) months following the employee’s return to duty, Follow-up testing may also include testing for alcohol to be performed in accordance with 49 C.F.R, Part 40, The MRO may terminate the requirement for follow-up testing any time after the first six (6) tests, if the MRO determined follow-up testing is no longer necessary.

If an employee refuses to submit to a drug test of fails a drug test and the MRO determines prohibited drug use was the cause, the Company representative will not knowingly use that individual as an employee and that employee will be subject to disciplinary action,, up to and including, termination.

F. Failure or Refusal to Submit to a Drug Test

if a covered employee or applicant fails or refuses a required drug test, the Company will not hire, promote, transfer, assign, reassign or continue to utilize that individual in any capacity in a covered position, and may at the sole discretion of the Company:

1. Discharge the covered employee or refuse to hire the applicant, or

2 Remove the covered employee from duty or refuse to hire the applicant until he/she satisfactorily completed a rehabilitation program acceptable to the MRO, passed a drug test, and been recommended for return to duty or hire

by the MRO.

3. TESTING PROCEDURES

The Company has designated a collection site for the collection of urine specimens, All collection procedures will be in compliance with the requirements set forth in 49 C.F.R. Part 40. The Company’s collection site is: The service provider that the Village authorities may designate from time to time.

When an employee is required to undergo testing, he or she will report to the collection site. The area in which the specimen is collected shall allow for persona! privacy, unless there is reason to believe the employee may alter or substitute the specimen. The employee win be required to sign a consent or release form authorizing collection of the specimen, analysis for presence of controlled substances, and release of results to the employer.

After the specimen is collected, the collection site person will immediately pressure the temperature of the specimen, The collection site person then will seal and label the specimen and complete all information of the urine custody and control form identifying the specimen.

A. Sample Handling.

The individual being tested shall fee asked 10 read and sign the urine custody and control form certifying that the specimen identified as having been collected from him or her is the specimen he or she provided. Specimens shall b0 shipped in containers designed to minimize the possibility of damage or tampering to the laboratory designated by the particular Company facility.

B. Certification

The laboratories with which the Company contracts to analyze specimens shall be certified under the Department of Health and Human Services “Mandatory Guidelines for Federal Workplace Drug Testing Programs,”‘

C. Screening Test

Each specimen shall be tested twice if the first test is positive, both initial and confirmatory tests shall contain an appropriate number of standards for calibrating the instrumentation and a minimum often percent (10%) controls. Each sample will be tested for the following- marijuana, cocaine, opiates (morphine and codeine), phencyclidine, and amphetamines (including methamphetamine). The initial test shall use an instrumentation which meets the Food and Drug Administration’s requirements for commercial distribution. The following initial cutoff levels shall be used when screening specimens to determine whether they are negative for the five (5) drug classes:

Initial Test

Level (ng/ml)

Marijuana metabolites 100

Cocaine metabolites 300

Opiate rnetabolites 2000

Phencyclidine 25

Amphetamines 1000

All specimens identified as positive on the initial test shall be confirmed using gas chromatography/mass spectrometry with cutoffs at the following levels:

Confirmatory Test Level (nq/ml)

Marijuana metabolites 15

Cocaine metabolite 150

Opiates: morphine 2000

Codeine 2000

Acetylmorphine 10

Phencyclidine 25

Amphetamine:.

Amphetamine 500

Methamphetamine 500

D. Reports

The laboratory will report all testing results to the designated MRO in a manner designed to insure confidentiality. Results are not to be provided orally via telephone. All confirmed positive tests will be reviewed by the MRO prior to release. The MRO shall be a licensed physician with knowledge of substance abuse disorders,

The MRO shall review and interpret all positive test results. When a specimen returns from the laboratory with a positive result, the Medical Review Officer is responsible for examining alternate medical explanations for such a result. Prior to making a final decision to verify and positive result, the MRO shall give the involved individual the opportunity to discuss the test result and take other actions consistent with 49 C.F.R, 40.33 to ensure the result should in fact be reported as positive. Upon verification of a positive test result, the MRO will refer to the case to the appropriate member of the Company’s management for disciplinary action,

The MRO will provide the individual an opportunity for an interview, in person or via telephone, with the MRO to discuss the possible reasons for the positive test,

If the individual submits medical records in defense of a positive test result, the MRO will review those records and contact the individual’s physician to answer any questions contained herein.

If any question arises about the accuracy or validity of a positive result, the MRO will review the laboratory records to determine whether the required procedures were followed. This will require collaboration with the testing laboratory director, the analysts, and any expert consultants as the MRO determines necessary.

[This space left blank deliberately.]

All specimens collected by designated collection site will be sent to a

Department of Health and Human Services (DHHS) and NIDA certified !ab.

Testing Laboratory:

The service provider as the Village authorities may

designate from time to time.

The Company representative shall be the Mayor or his designee,

who will be responsible to oversee the Company’s Anti-Drug Program with the emphasis on compliance. The Company representative will work closely with the company management, employees and the MRO to ensure that ah elements of the Program are followed as they pertain to employee testing, training, record keeping and reporting.

4. RELEASE OF TEST RESULTS AND RECORD KEEPING

Individual privacy and confidentiality will be carefully maintained at all times. With the exception of the testing laboratory, MRO, and designated Company representative, the results of individual drug tests will not be released to anyone without the express written authorization of the tested individual, except upon request of RSPA or State agency officials as part of a accident investigation, The Company representative will clearly indicate to each individual prior to testing, who will receive data.

To maintain confidentiality, written record will be stored in locked containers or in a secured location.

Company representatives will not release the employee’s rehabilitation or drug test records to a subsequent employer, unless an employee gives their written consent,

Records will be maintained by the Company Representative for the minimum time frame specified as provided in Part 199,23,

All training records including copies of training material, confirmation of supervisor and employee training will be maintained,

Records that show a positive drug test will contain documentation by the MRO that supports the MRO’s determination of confirmed positive test result, and records will include the MRO’s determination demonstrating rehabilitation,

5. EMPLOYEE ASSISTANCE

The Company has established an employee assistance program designed to help supervisors recognize the behaviors typically exhibited by drug users, and educate and train drivers about the dangers of drug use and abuse. During the course of this training, drivers and supervisors will be educated in: (1) the effects and consequences of controlled substance use on personal health, safely and the work environment; and (2) the behaviors that may indicate controlled substance use or abuse,

The Company will maintain a written record of all such training for drivers and supervisors. Each driver and supervisor will receive at least sixty (60) minutes of training.

The Company will provide for employee education and training in accordance with the following provisions.

All employees will receive annual training on the following subjects and receipt of this training will be documented by the Company representative,

Training will include display and distribution of informational material regarding the subjects below, display and distribution of a community hot-line

telephone number for employee assistance, display and distribution of the Company’s policy regarding the use of prohibited drugs and training in:

A. The effects and consequences of drug abuse on personal health and safety.

B. The effects and consequences of drug abuse in the workplace.

C. The manifestations and behavioral cues of drug abuse.

D. The regulations mandating drug testing and training.

E. The Company’s commitment to a drug-free workplace, including its;

1. Policy

2 Penalties

3. EAR (to include notification to each employee of a area’s drug help hot line phone number)

4. Training and education

F. The provisions of this Plan; and

G. Employee rights of privacy aid disclosure of testing results,

This training will be of a forma! classroom nature and will be supplemented throughout the year with information posters, flyers, etc., on the hazards and effects of drug abuse.

In addition to the above annual training, supervisory personnel will receive an additional one hour of training, including the following:

A. The physical, behavioral, and performance indicators of probable drug use,

B. The profile of an at-risk employee,

C. The impact of drugs in the workplace and h society;

D. Methods for communicating the Company’s Anti Drug Plan;

E. Methods for confronting suspected drug abusers that lead to drugtesting and appropriate corrective action; and

F. Confidentiality and how it applies to the Anti-Drug Plan,

Implementation

In keeping with its commitment for a drug free workplace, the Company will implement the provisions of the Plan and its anti-Drug Program on or before January 1, 2009.

DEFINITIONS

1. Employee- means any person who performs on a pipeline on LNG facility an operating, maintenance or emergency-response function regulated by 49 C.F.R, parts 192,193 or 195. Such persons may be employed directly by the operates,

or by a contractor engaged by the operator.

2. LNG Facility – means a pipeline facility that is used for liquefying or solidifying

natural gas or synthetic gas or transferring, storing, or vaporizing liquefied nature! gas.

3. Pipeline – means all parts of those physical facilities through which gas or

hazardous liquid moves in transportation, including valves, pipe, compressor or pumping units, metering stations, regulator stations, fabricated assemblies, and breakout tanks.

4 Pipeline Facility – means new and existing pipelines, rights-of-way, and any

equipment, facility, or building used in the transportation of gas or hazardous liquid or in the treatment of gas during transportation.

The following are some pipeline activities that make a person eligible for drug testing:

Performing leakage surveys or electrical surveys

Monitoring cathodic protection

Welding or radiographing pipeline repairs

Inspecting and testing pressure limiting devices

Classifying notices of leaks as an emergency

Notifying fire police, and other appropriate public officials of pipeline emergencies, and coordinating actual responses during an emergency

Marking pipelines in response to a one-call system notice

Monitoring odorization of gas

Controlling gas or hazardous liquid flow or pressure in a pipeline

An individual, company or organization with whom the company has a written or verbal contract for services and all their covered employees are required to be subject to drug testing. Contract company employees will be required to be tested under this plan, or under their own company plan that meets Federal regulations, which includes: pre-employment, random, post accident, reasonable suspicion, and return-to-work testing.

Sample Donor Instructions (effective January 1, 2009 )

The collection, of a urine specimen will be conducted via procedures that allow for individual privacy unless there is a reason to believe that a particular individual may alter or substitute the specimen to be provided. The collection site person will take precautions to ensure that your specimen is not adulterated or diluted during the collection procedure. Your specimen collected must also follow strict chain of custody and security procedures. In addition:

Photo identification (e.g., driver’s license, Agency badge) must be presented at the collection site.

You will be asked to remove any unnecessary outer garments. Such as coat or jacket and to empty the contents of your pockets prior to performing the collection, All personal belongings like- purses or briefcases will remain with the outer garment. You may retain your wallet.

You will be instructed to wash and dry your hands prior to providing a specimen.

The collection site person working with you will be of the same gender as yourself during an observed collection.

Your specimen will be provided in the privacy of a stall or otherwise partitioned area that allows for individual privacy, unless otherwise indicated.

After handing the specimen bottle to the collector, you should keep the specimen in full view at all times until it is sealed and labeled. This protects you against the wrong label being put on your bottle or someone possibly tampering with your specimen.

The temperature of your specimen will be taken, within four minutes. Please provide the specimen to the collector as soon as possible so that an accurate temperature can be attained.

If the collector has reason to believe that you may have altered or substituted the specimen, the collector must collect a second specimen under direct observation by a same gender collector. This will be reported to a collection supervisor and to your designated employer representative as soon as possible.

You will be asked to initial the identification label on the specimen bottle for the purpose of certifying that it came

from you.

Your sample will be tested for: Cannabinoid, Cocaine, Amphetamines, Opines, and Phencyclidine (P.C.P.) in the case of a DOT test, Non-mandated tests may allow for testing of additional substances.

If, after laboratory analysis, the specimen, is found to contain any drugs of abuse, the results will be disclosed only to your company’s Medical Review Officer (MRO). Prior to making a final decision to verify a positive test result. The MRO shall give you an opportunity to discuss the test result and submit medical documentation of legally prescribed medication.

Records concerning your collection and testing are covered under the privacy Act 5 U.S.C, 522. Employee records shall be maintained and used with the highest regard for your privacy.

Note: any employee upon written request, has access to any records relating to his or her drug tests. The results of a drug test may not he disclosed without your prior written consent, unless it is to:

Your Medical Review Officer

The Administrator of any Employee Assistance Program in which you are receiving counseling or treatment or are otherwise Participating.

A management official having authority to take adverse personnel action against you.

Defend the U S. Government against any challenge against adverse personnel action.

If you have any concerns or questions about the collection process, you should immediately bring them to the Attention of your supervisor, on-site collection coordinator, or Company Drug Program Coordinator.

CHAPTER 13

FAIR HOUSING CODE

13-1-1 SHORT TITLE. This Code shall be known and may be cited as the Fair Housing Code of the Village.

13-1-2 PURPOSE AND DECLARATION OF POLICY. It is hereby declared to be the policy of the Village and the purpose of this Code, in the exercise by the Village of its police and regulatory powers for the protection of the public safety for the health, morals, safety, and welfare of the persons in and residing in the Village, and for the maintenance and promotion of commerce, industry and good government in the Village, to secure to all persons living or desiring to live in the Village a fair opportunity to purchase, lease, rent, or occupy housing without discrimination based on race, color, religion, national origin, sex or disability.

13-1-3 CONSTRUCTION. This Code shall be construed according to thefair import of its terms and shall be liberally construed to further the purposes and policy stated in Section 13-1-2 and the special purposes of the particular provision involved.

13-1-4 DEFINITIONS. For the purposes of this Code:

(A) “Dwelling” means any building or structure, or portion thereof, within the Village which is arranged, designed or used as a home, residence or living quarters of one or more individuals.

(B) “Housing” includes any building or structure, or portion thereof, within the Village, which is used or occupied or is intended, arranged or designed to be used or occupied as a home, residence or living quarters of one (1) or more individuals, groups or families, and includes any vacant land within the Village which is zoned or intended to be used for the construction of any such building or structure.

(C) “Lease” includes sublease, assignment, or rent (or rental), and includes any contract to do any of the foregoing.

(D) “Lending Institution” means any bank, insurance company, savings and loan association, other person in the business of lending money or guaranteeing loans, any person in the business of obtaining, arranging or negotiating loans or guarantees as agent or broker, and any person in the business of buying or selling loans or instruments for the payment of money which are secured by title to a security interest in real estate, but shall not include any religious institution or organization nor any charitable or educational organization operated, supervised or controlled by a religious institution or organization.

(E) “National Origin” includes the national origin of an ancestor.

(F) “Owner” means any person who holds legal or equitable title to, or owns any beneficial interest in, any Dwelling or Housing, or who holds legal or equitable title to shares of, or holds any beneficial interest in, any real estate cooperative which owns any Dwelling or Housing.

(G) “Person” includes one or more individuals, corporations, partnerships, associations, legal representatives, mutual companies, unincorporated organizations, trusts, trustees in bankruptcy, receivers and fiduciaries.

(H) “Purchase” includes any contract to purchase.

(I) “Real Estate Agent” means any real estate broker, and real estate salesman, and any other person who, as employee or agent or otherwise, engages in the management or operation of any Dwelling or Housing.

(J) “Real Estate Broker” means any person licensed as a real estate broker in accordance with the provisions of the Illinois Compiled Statutes, or required thereby to be so licensed. (See 225 ILCS Sec. 455/1 et seq.)

(K) “Real Estate Salesman” means any person licensed as a real estate salesman in accordancfe with the provisions of the Illinois Compiled Statutes, or required thereby to be so licensed.

(L) “Real Estate Transaction” means the purchase, sale, exchange, or lease of any Dwelling or Housing, and an option to do any of the foregoing.

(M) “Sale” includes any contract to sell, exchange, or to convey, transfer or assign legal or equitable title to or a beneficial interest in real estate.

13-1-5 DISCRIMINATORY TERMS. It shall be an unlawful housing practice and a violation of this Code for any owner or other person to sell or lease a dwelling or housing on terms, conditions or privileges that discriminate between persons because of race, color, religion, national origin, sex or disability.

13-1-6 REFUSALS TO DEAL. It shall be an unlawful housing practice and a violation of this Code for any owner or other person to refuse to negotiate for, enter into, or perform any sale or lease of any dwelling or housing, because of the race, color, religion, national origin, sex or diability of any party, to such sale or lease, or of any member of the family of any such party, or of any person using or occupying or intending to use or occupy such dwelling or housing, or of any person using or occupying any dwelling or housing in the area in which such dwelling or housing is located.

13-1-7 WITHHOLDING HOUSING. It shall be an unlawful housing practice and a violation of this Code for any owner or other person to represent to any person that any dwelling or housing is not available for inspection, purchase, sale, lease, or occupancy when in fact it is so available, or otherwise to withhold housing from any person because of race, color, religion, national origin, sex or disability.

13-1-8 ADVERTISEMENTS. It shall be an unlawful housing practice and a violation of this Code for any owner or other person to publish or circulate a statement, advertisement or notice of an intention to sell or lease any dwelling or housing in a manner that is unlawful under this Code.

13-1-9 ADVERTISEMENTS, CAUSING OR PERMITTING. It shall be an unlawful housing practice and a violation of this Code for any owner or other person to cause any person to circulate or publish a statement, advertisement or notice that such owner or other person intends to sell or lease any dwelling or housing in a manner that is unlawful under this Chapter, or to consent thereto.

13-1-10 SIGNS AND NOTICES. It shall be an unlawful housing practice and a violation of this Code for any owner or other person to post or erect, or cause any person to post or erect, any sign or notice upon any dwelling or housing, indicating an intent to sell or lease any dwelling or housing in a manner that is unlawful under this Chapter.

13-1-11 EXEMPTIONS. This Code shall not apply to the rental of any room or dwelling unit in any owner-occupied dwelling which consists of more than one (1) but less than five (5) dwelling units. As used herein, the term “dwelling unit” means one (1) or more rooms which are arranged, designed, or used as living quarters for one (1) family or one (1) individual. The term owner includes the spouse or any lineal descendant or ancestor of the owner.

13-1-12 LIMITATIONS. Nothing in this Code shall require an owner to offer property to the public at large before selling or renting it, providing he complies with all other provisions of this Code. Nor shall this Code be deemed to prohibit owners from giving preference to prospective tenants or buyers for any reason other than religion, race, color, national origin, sex or disability. Nothing in this Code shall require an owner to offer property for sale or lease or to show his property to any person if such person is not negotiating for the purchase or lease of such property in good faith.

13-1-13 WITHHOLDING HOUSING. It shall be an unlawful housing practice and a violation of this Code for any real estate agent or other person to represent to any person that any dwelling or housing is not available for inspection, sale, lease or occupancy when in fact it is so available or otherwise to withhold housing from any person because of race, color, religion, national origin, sex or disability.

13-1-14 REFUSALS OF OFFERS. It shall be an unlawful housing practice and a violation of this Code for any real estate agent or other person to refuse to receive or to fail to transmit a bonafide offer for the purchase, sale, exchange or lease of any dwelling or housing because of the race, color, religion, national origin, sex or disability of the person making such offer.

13-1-15 ADVERTISEMENTS. It shall be an unlawful housing practice and a violation of this Code for any real estate agent or other person to publish or circulate a statement, advertisement or notice of an intention to sell or lease any dwelling or housing in a manner that is unlawful under this Code.

13-1-16 SIGNS AND NOTICES. It shall be an unlawful housing practice and a violation of this Code for any real estate agent or other person to post or erect, or cause or permit any person to post or erect, any sign or notice upon any dwelling or housing, other person, indicating an intent to sell or lease any dwelling or housing in a manner that is unlawful under this Code.

13-1-17 DISCRIMINATION IN LENDING. It shall be an unlawful housing practice and a violation of this Code for any lending institution, in making, agreeing to make, arranging, or negotiating any loan or guarantee of funds for the purpose of financing the purchase or sale, construction, lease, rehabilitation, improvement, renovation or repair of any dwelling or housing, to offer, seek or agree to terms, conditions or privileges that discriminate between persons because of race, color, religion, national origin, sex or disability.

13-1-18 REFUSALS TO DEAL IN LENDING. It shall be an unlawful housing practice and a violation of this Code for any lending institution to refuse to negotiate for, enter into or perform any agreement to lend or guarantee the loan of funds for the purchase, sale, construction, lease, rehabilitation, improvement, renovation or repair of any dwelling or housing because of the race, color, religion, national origin, sex or disability of any party to such agreement or of any member of the family of any such party, or of the residents of the area in which such dwelling or housing is located.

13-1-19 COVERAGE. This Code shall apply, respectively, to every real estate agent who, within the Village, performs any function as such real estate agent but does not maintain an office or place of doing business within the Village, and this Code applies to every real estate agent and lending institution who maintains an office of place of doing business within the Village; provided, however, that the provisions of this Code shall not be so construed as to prohibit a real estate broker or real estate agent on behalf of the owner, from inquiring into and reporting upon qualifications of any prospective buyer or tenant with respect to limitations or exclusions other than those of race, color, religion, national origin, sex or disability.

13-1-20 REPRESENTATION. It shall be an unlawful housing practice and a violation of this Code for any person, for the purpose of inducing any other person to enter into a real estate transaction with such person, his principal or his agent.

(A) To represent that a change has occurred, will occur or may occur with respect to the race, color, religion, national origin, sex or disability in composition of the owners or occupants in any block, neighborhood or area in which the dwelling or housing (which is the subject of the real estate transaction) is located, or

(B) To represent that a change with respect to the race, color, religion, national origin, sex or disability in the composition of the owners or occupants in any block, neighborhood or area will result in lowering of property values, or in an increase in criminal or anti-social behavior, or in a decline in the quality of schools, in such block, neighborhood or area.

13-1-21 OTHER VIOLATIONS. It shall be an unlawful housing practice and a violation of this Code for any person:

(A) To aid, abet, incite, or coerce a person to engage in unlawful housing practice,

(B) Willfully to interfere with the performance of a duty or the exercise of a power by the Village Board or one of its members or representatives, or

(C) Willfully to obstruct or prevent a person from complying with the provisions of this Code or an order issued thereunder.

13-1-22 COMPLAINTS.

(A) Any person aggrieved in any manner by a violation of any provisions of this Code may file with the Village Board a written verified complaint setting forth his grievance. The complaint shall state:

(1) the name and address of the complaint;

(2) the name and address of the person against whom the complaint is brought, if known to the complainant; and

(3) the alleged facts surrounding the alleged violation of this Code;

and such complaint shall state the name and address of all persons believed to have knowledge concerning the alleged facts.

(B) After the filing of any complaint, the Village Board shall serve a copy of the complaint on the party or parties charged.

13-1-23 HEARINGS BY VILLAGE BOARD.

(A) Such hearing shall be conducted by the Village Board upon due and reasonable notice to all parties. The Village Board shall have power to administer oaths and to take sworn testimony. Any party alleged to have violated this Code shall be entitled to be represented by counsel and shall have the right to call witnesses in his own behalf and to cross-examine witnesses.

(B) At the conclusion of such hearing, the Village Board shall render the complainant a decision.

13-1-24 ENFORCEMENT.

(A) The Village Board shall be empowered to order any person found to be engaging in an unfair housing practice to cease and desist from such practice, upon such terms as shall be necessary and proper for the enforcement of this Code.

(B) The Village Board shall be empowered at the conclusion of proceedings held under Section 13-1-24, to direct the Village Attorney to do any one or more of the following:

(1) To institute and prosecute proceedings to enforce, against any person found in violation of this Code, the fine provided for in Section 13-1-27 below;

(2) To apply to any court of competent jurisdiction;

(a) for an order restraining any person from violating any provision of this Code.

(b) for such other or further relief as may seem to the court appropriate for the enforcement of this Code and the elimination of violations hereof.

(3) To petition or institute proceedings with the Department of Registration and Education for the purpose of causing the Department to revoke, suspend or refuse to renew the license granted by such Department to any real estate broker or real estate salesman found to have violated any provision of this Code.

(4) In the case of any unlawful housing practice or violation of this Code by any person in the course of performing under a contract or subcontract with the State or any political subdivision or agency thereof, or with the United States of America or any agency or instrumentality thereof, to petition or institute proceedings with such contracting agency for the purpose of causing it to terminate such contract or any portion thereof, either absolutely or on condition of compliance with the provisions of this Code.

(C) The Village Board may issue such cease and desist orders and may direct such action by the Village Attorney, as shall be necessary for the enforcement of this Code.

13-1-25 REMEDIES. Any person aggrieved in any manner by the violation of any provision of this Code who has exhausted the remedies provided in Section 13-1-24 of this Code may apply to any court of competent jurisdiction for appropriate relief from such violation, including:

(A) An order compelling compliance with this Code;

(B) An order to prohibit any person found by the court to have violated any provision of this Code from the sale, lease, exchange, transfer, conveyance or assignment of any dwelling or housing which is the subject of such violation;

(C) An order requiring specific performance of any contract for the sale, lease, exchange, transfer, conveyance or assignment of any dwelling or housing or any person who, in violation of this Code, refuses or fails to perform such contract;

(D) Compensatory damages; and

(E) Such other and further relief as may seem to the court appropriate for the enforcement of this Code and the elimination of violations hereof.

13-1-26 FINES. Any person who violates any provision of this Code shall be subject to a fine as provided in Section 1-1-20.

(See ILCS Sec. 5/11-11.1-1)

CHAPTER 15

ARTICLE I – FREEDOM OF INFORMATION PROCEDURE

(adopted September 8, 2011 by the Village of Louisville, IL)

15-1-1 DEFINITIONS. For the purposes of this Chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(a) “Public body” means all legislative, executive, administrative, or advisory bodies of the State, state universities and colleges, counties, townships, cities, villages, incorporated towns, school districts and all other municipal corporations, boards, bureaus, committees, or commissions of this State, any subsidiary bodies of any of the foregoing including but not limited to committees and subcommittees thereof, and a School Finance Authority created under Article 1E of the School Code. “Public body” does not include a child death review team or the Illinois Child Death Review Teams Executive Council established under the Child Death Review Team Act. The term public body or Village as used herein specifically refers to the Village of Louisville, Illinois.

(b) “Person” or Requester means any individual, corporation, partnership, firm, organization or association, acting individually or as a group.

(c) “Public records” means all records, reports, forms, writings, letters, memoranda, books, papers, maps, photographs, microfilms, cards, tapes, recordings, electronic data processing records, electronic communications, including e-mails, recorded information and all other documentary materials pertaining to the transaction of public business, regardless of physical form or characteristics, having been prepared by or for, or having been or being used by, received by, in the possession of, or under the control of any public body. A public record that is not in the possession of a public body but is in the possession of a party with whom the agency has contracted to perform a governmental function on behalf of the public body, and that directly relates to the governmental function and is not otherwise exempt under this Act, shall be considered a public record of the public body, for purposes of this Chapter.

(d) “Private information” means unique identifiers, including a person’s social security number, driver’s license number, employee identification number, biometric identifiers, personal financial information, passwords or other access codes, medical records, home or personal telephone numbers, and personal email addresses. Private information also includes home address and personal license plates, except as otherwise provided by law or when compiled without possibility of attribution to any person.

(e) “Commercial purpose” means the use of any part of a public record or records, or information derived from public records, in any form for sale, resale, or solicitation or advertisement for sales or services. For purposes of this definition, requests made by news media and nonprofit, scientific, or academic organizations shall not be considered to be made for a “commercial purpose” when the principal purpose of the request is (i) to access and disseminate information concerning news and current or passing events, (ii) for articles of opinion or features of interest to the public, or (iii) for the purpose of academic, scientific, or public research or education.

(f) “Copying” means the reproduction of any public record by means of any photographic, electronic, mechanical or other process, device or means now known or hereafter developed and available to the public body.

(g) “Head of the public body” means the president, mayor, chairman, presiding officer, director, superintendent, manager, supervisor or individual otherwise holding primary executive and administrative authority for the public body, or such person’s duly authorized designee.

(h) “News media” means a newspaper or other periodical issued at regular intervals whether in print or electronic format, a news service whether in print or electronic format, a radio station, a television station, a television network, a community antenna television service, or a person or corporation engaged in making news reels or other motion picture news for public showing.

(i) Business day or working day is a regular day of the week (Monday through Friday)

when public offices and most businesses are open. Saturdays, Sundays and legal holidays are not business days and shall not be counted in the 5 business day time period for responding to a Freedom of Information request.

(j) Freedom of Information Act or Act or FOIA refers to the Illinois Freedom of Information Act as now codified or hereafter amended at 5 ILCS 140/1 et seq.

(k) Recurrent requester, as used in Section 15-1-16 of this Code, means a person that, in the 12 months immediately preceding the request, has submitted to the same public body (i) a minimum of 50 requests for records, (ii) a minimum of 15 requests for records within a 30-day period, or (iii) a minimum of 7 requests for records within a 7-day period. For purposes of this definition, requests made by news media and non-profit, scientific, or academic organizations shall not be considered in calculating the number of requests made in the time periods in this definition when the principal purpose of the requests is (i) to access and disseminate information concerning news and current or passing events, (ii) for articles of opinion or features of interest to the public, or (iii) for the purpose of academic, scientific, or public research or education.For the purposes of this subsection (k), “request” means a written document (or oral request, if the public body chooses to honor oral requests) that is submitted to a public body via personal delivery, mail, telefax, electronic mail, or other means available to the public body and that identifies the particular public record the requester seeks. One request may identify multiple records to be inspected or copied.

15-1-2 POLICY. It is declared to be the public policy of the Village that all persons are entitled to full and complete information regarding the affairs of the Village pursuant to the Freedom of Information Act. The official acts and policies of the public officials and public employees of the Village shall be consistent with the terms of this Chapter and that Act. If any provision of this Chapter should conflict with the Act, the terms of the Act shall prevail. All provisions of the Act shall be deemed incorporated into this Chapter by reference.

15-1-3 FREEDOM OF INFORMATION OFFICER(S); OPEN MEETINGS ACT OFFICER(S). The Village Clerk and the Village Treasurer are hereby designated the Freedom of Information Act Officers of the Village. The Village may also designate such other persons as Freedom of Information Act Officers as the Village deems appropriate. All such designated Freedom of Information Act Officers shall be trained in accordance with the Act. (All designated Freedom of Information Act Officers shall also be designated as the Open Meetings Acct Officers of the Village and shall be trained in accordance with the Open Meetings Act.) The Office of the Public Access Counselor shall be informed of the names of those persons so designated as Freedom of Information Act Officers and as Open Meetings Act Officers. Except in instances when records are furnished immediately, Freedom of Information Officers, or their designees, shall receive requests submitted to the public body under this Act, ensure that the Village responds to requests in a timely fashion, and issue responses under this Act. Freedom of Information Officers shall develop a list of documents or categories of records that the public body shall immediately disclose upon request.

Upon receiving a request for a public record, the Freedom of Information Officer shall:

(1) note the date the public body receives the written request;

(2) compute the day on which the period for response will expire and make a notation of that date on the written request;

(3) maintain an electronic or paper copy of a written request, including all documents submitted with the request until the request has been complied with or denied; and

(4) create a file for the retention of the original request, a copy of the response, a record of written communications with the requester, and a copy of other communications.

15-1-4 PUBLIC RECORDS AVAILABLE; PREVAILING WAGE PAYROLLS; PUBLIC FUNDS RECORDS. The Village shall make available to any person for inspection or copying all public records, as provided in the Freedom of Information Act, except as to those public records considered exempt under the Act, and shall certify the same if so requested. Such records specifically include the following:

(A) All records relating to the obligation, receipt, and use of public funds of the Village.

(B) All certified payroll records submitted to the Village pursuant to the Prevailing Wage Act, except that contractors employees addresses, telephone numbers, and social security numbers must be redacted by the Village prior to disclosure.

15-1-5 REQUESTS TO BE IN WRITING. All requests for inspection or copying of public records must be in writing and should be addressed to the Freedom of Information Officer, but can be delivered to any employee or officer of the Village, who shall immediately forward the same to the Freedom of Information Officer. The Village shall accept any written request make by mail, personal delivery, fax, email or other means available. Oral requests for records shall not be accepted. The requester should, but is not required to, include the following information in any request for public records:

(A) The requesters full name, mailing address and telephone number at which the requester can be reached during normal business hours (requests may be made anonymously, but adequate information must be provided to allow the Village to fulfill the request);

(B) A description of the records sought, being as specific as possible, and the format desired for any copies requested (i.e. paper copy, electronic copy, type of electronic format, etc.), and whether such copies should be certified;

(C) A statement as to whether the request is for inspection, copying, or both, and as to whether the request is for commercial benefit purposes. If a copying fee waiver or reduction is requested, the statement should so indicate that request and also provide information sufficient for the public body to determine that a fee waiver or reduction is in the public interest. The requester is not required to provide a purpose for the request unless he is requesting a fee waiver or reduction.

(D) A statement as to whether the requester desires to pick up the requested copies or have them mailed to the requester. Certain postage costs may be charged to the requester (see below).

The Freedom of Information Officer shall make available a form for use by requesters (see attached sample request form); however, no request shall be denied for failure to use any particular form. The requester shall be provided the times and places where records will be made available and the persons from whom such records may be obtained.

15-1-6 FEES AND COPYING.

(A) When a person requests a copy of a record maintained in an electronic format, the public body shall furnish it in the electronic format specified by the requester, if feasible. If it is not feasible to furnish the public records in the specified electronic format, then the public body shall furnish it in the format in which it is maintained by the public body, or in paper format at the option of the requester. A public body may charge the requester only for the actual cost of purchasing the recording medium, whether disc, diskette, tape, or other medium. (For example, if information is produced on CDs, the Village may only charge the actual cost of purchasing the CDs). A public body may not charge the requester for the costs of any search for and review of the records or other personnel costs associated with reproducing the records, except for commercial requests as provided in subsection (F) of this Section. Except to the extent that the General Assembly expressly provides, statutory fees applicable to copies of public records when furnished in a paper format shall not be applicable to those records when furnished in an electronic format.

(B) Except when a fee is otherwise fixed by statute, each public body may charge fees reasonably calculated to reimburse its actual cost for reproducing and certifying public records and for the use, by any person, of the equipment of the public body to copy records. No fees shall be charged for the first 50 pages of black and white, letter or legal sized copies requested by a requester. The fee for black and white, letter or legal sized copies shall not exceed 15 cents per page. If a public body provides copies in color or in a size other than letter or legal, the public body may not charge more than its actual cost for reproducing the records. In calculating its actual cost for reproducing records or for the use of the equipment of the public body to reproduce records, a public body shall not include the costs of any search for and review of the records or other personnel costs associated with reproducing the records, except for commercial requests as provided in subsection (F) of this Section. Such fees shall be imposed according to a standard scale of fees, established and made public by the body imposing them. The cost for certifying a record shall not exceed $1.

(C) The public body may NOT charge postage costs for mailing any amount of copies by regular U.S. Mail to the requester if he requests that the records be mailed to him instead of picking up the records from the location designated for providing records to requesters. However, if the requester asks that the records be sent to him by means other than regular U.S. Mail, then that cost may be charged to the requester. The public body MAY require that all allowed fees and costs be paid by the requester prior to the copying and provision of the requested records.

(D) Documents shall be furnished without charge or at a reduced charge, as determined by the public body, if the person requesting the documents states:

(1) the specific purpose for the request and indicates that a waiver or reduction of the fee is in the public interest.

(2) a waiver or reduction of the fee is in the public interest if the principal purpose of the request is:

[A] to access and disseminate information regarding the health, safety and welfare or the legal rights of the general public, and

[B] is not for the principal purpose of personal or commercial benefit.

(3) for purposes of this subsection, “commercial benefit” shall not apply to requests made by news media when the principal purpose of the request is to access and disseminate information regarding the health, safety, and welfare or the legal rights of the general public.

(4) in setting the amount of the waiver or reduction, the public body may take into consideration the amount of materials requested and the cost of copying them.

(E) The imposition of a fee not consistent with the above subsections (A) and (B) of this Section constitutes a denial of access to public records for the purposes of judicial review.

(F) A public body may charge up to $10 per each hour spent by personnel in searching for and retrieving a requested record. No fees shall be charged for the first 8 hours spent by personnel in searching for or retrieving a requested record. A public body may charge the actual cost of retrieving and transporting public records from an off-site storage facility when the public records are maintained by a third-party storage company under contract with the public body. If a public body imposes a fee pursuant to this subsection (F), it must provide the requester with an accounting of all fees, costs, and personnel hours in connection with the request for public records. The provisions of this subsection (F) apply only to commercial requests.

15-1-7 TIME LIMIT FOR COMPLIANCE WITH REQUEST (NONCOMMERCIAL).

(A) Except for requests made for commercial purposes, the Village shall promptly either comply with or deny a request for public records within 5 business days after the Villages receipt of the request (not necessarily when the Freedom of Information Act Officer becomes aware of the request), unless the time for response is properly extended as hereafter noted. (The day that the request is received does not count as one of the 5 business days.) Denial shall be in writing as hereafter noted. Failure to comply with a written request, extend the time for response, or deny a request within 5 business days after its receipt shall be considered a denial of the request. A public body that fails to respond to a request within the requisite periods in this Section but thereafter provides the requester with copies of the requested public records may not impose a fee for such copies. A public body that fails to respond to a request received may not treat the request as unduly burdensome as hereafter noted.

(B) The time for response under this Section may be extended by the public body for not more than 5 business days from the original due date for any of the following reasons:

(i) the requested records are stored in whole or in part at other locations than the office having charge of the requested records;

(ii) the request requires the collection of a substantial number of specified records;

(iii) the request is couched in categorical terms and requires an extensive search for the records responsive to it;

(iv) the requested records have not been located in the course of routine search and additional efforts are being made to locate them;

(v) the requested records require examination and evaluation by personnel having the necessary competence and discretion to determine if they are exempt from disclosure under Section 7 of the Act or should be revealed only with appropriate deletions;

(vi) the request for records cannot be complied with by the public body within the time limits prescribed by paragraph (A) of this Section without unduly burdening or interfering with the operations of the public body;

(vii) there is a need for consultation, which shall be conducted with all practicable speed, with another public body or among two or more components of a public body having a substantial interest in the determination or in the subject matter of the request.

The person making a request and the public body may agree in writing to extend the time for compliance for a period to be determined by the parties. If the requester and the public body agree to extend the period for compliance, a failure by the public body to comply with any previous deadlines shall not be treated as a denial of the request for the records.

(C) When additional time is required for any of the above reasons, the public body shall, within 5 business days after receipt of the request, notify the person making the request of the reasons for the extension and the date by which the response will be forthcoming. Failure to respond within the time permitted for extension shall be considered a denial of the request. A public body that fails to respond to a request within the time permitted for extension but thereafter provides the requester with copies of the requested public records may not impose a fee for those copies. A public body that requests an extension and subsequently fails to respond to the request may not treat the request as unduly burdensome as hereafter noted.

15-1-8 UNDULY BURDENSOME REQUEST.

(A) Requests calling for all records falling within a category shall be complied with unless compliance with the request would be unduly burdensome for the complying public body and there is no way to narrow the request and the burden on the public body outweighs the public interest in the information. Before invoking this exemption, the public body shall extend to the person making the request an opportunity to confer with it in an attempt to reduce the request to manageable proportions. If any body responds to a categorical request by stating that compliance would unduly burden its operation and the conditions described above regarding time limits for compliance with a request are met, it shall do so in writing, specifying the reasons why it would be unduly burdensome and the extent to which compliance will so burden the operations of the public body. Such a response shall be treated as a denial of the request for information.

(B) Repeated requests from the same person for the same records that are unchanged or identical to records previously provided or properly denied under this Act shall be deemed unduly burdensome under this provision. A request is deemed as repeated when the same identical request has been made three times or more.

15-1-9 TIME LIMITS FOR REQUESTS FOR COMMERCIAL PURPOSES.

(A) A public body shall respond as follows to a request for records to be used for a commercial purpose within 21 working days after receipt. The response shall (i) provide to the requester an estimate of the time required by the public body to provide the records requested and an estimate of the fees to be charged, which the public body may require the person to pay in full before copying the requested documents, (ii) deny the request pursuant to one or more of the exemptions set out in the Act, (iii) notify the requester that the request is unduly burdensome and extend an opportunity to the requester to attempt to reduce the request to manageable proportions, or (iv) provide the records requested.

(B) Unless the records are exempt from disclosure, a public body shall comply with a request within a reasonable period considering the size and complexity of the request, and giving priority to records requested for noncommercial purposes.

(C) It is a violation of the Act for a person to knowingly obtain a public record for a commercial purpose without disclosing that it is for a commercial purpose, if requested to do so by the public body.

15-1-10 CERTAIN INFORMATION EXEMPT FROM INSPECTION AND COPYING. Information exempted by 5 ILCS Sec. 140/7 and 5 ILCS Sec. 140/7.5 of the Freedom of Information Act shall be exempt from inspection and copying. If a record contains both exempt and nonexempt information, the exempt information shall be deleted by redaction and the remainder of the record made available for inspection and copying. Subject to this requirement, the exemptions shall include, but are not limited to, the following:

(A) Information specifically prohibited from disclosure by federal or State law or rules and regulations implementing federal or State law.

(B) Private information, unless disclosure is required by another provision of the Act, a State or federal law or a court order.

(C) Personal information contained within public records, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy, unless the disclosure is consented to in writing by the individual subjects of the information. “Unwarranted invasion of personal privacy” means the disclosure of information that is highly personal or objectionable to a reasonable person and in which the subject’s right to privacy outweighs any legitimate public interest in obtaining the information. The disclosure of information that bears on the public duties of public employees and officials shall not be considered an invasion of personal privacy.

(D) Records in the possession of any public body created in the course of administrative enforcement proceedings, and any law enforcement or correctional agency for law enforcement purposes, but only to the extent that disclosure would:

(i) interfere with pending or actually and reasonably contemplated law enforcement proceedings conducted by any law enforcement or correctional agency that is the recipient of the request;

(ii) interfere with active administrative enforcement proceedings conducted by the public body that is the recipient of the request;

(iii) create a substantial likelihood that a person will be deprived of a fair trial or an impartial hearing;

(iv) unavoidably disclose the identity of a confidential source, confidential information furnished only by the confidential source, or persons who file complaints with or provide information to administrative, investigative, law enforcement, or penal agencies; except that the identities of witnesses to traffic accidents, traffic accident reports, and rescue reports shall be provided by agencies of local government, except when disclosure would interfere with an active criminal investigation conducted by the agency that is the recipient of the request;

(v) disclose unique or specialized investigative techniques other than those generally used and known or disclose internal documents of correctional agencies related to detection, observation or investigation of incidents of crime or misconduct, and disclosure would result in demonstrable harm to the agency or public body that is the recipient of the request;

(vi) endanger the life or physical safety of law enforcement personnel or any other person; or

(vii) obstruct an ongoing criminal investigation by the agency that is the recipient of the request.

(E) Records that relate to or affect the security of correctional institutions and detention facilities.

(F) Preliminary drafts, notes, recommendations, memoranda and other records in which opinions are expressed, or policies or actions are formulated, except that a specific record or relevant portion of a record shall not be exempt when the record is publicly cited and identified by the head of the public body.

(G) Trade secrets and commercial or financial information obtained from a person or business where the trade secrets or commercial or financial information are furnished under a claim that they are proprietary, privileged or confidential, and that disclosure of the trade secrets or commercial or financial information would cause competitive harm to the person or business, and only insofar as the claim directly applies to the records requested.

(i) All trade secrets and commercial or financial information obtained by a public body, including a public pension fund, from a private equity fund or a privately held company within the investment portfolio of a private equity fund as a result of either investing or evaluating a potential investment of public funds in a private equity fund. The exemption contained in this item does not apply to the aggregate financial performance information of a private equity fund, nor to the identity of the fund’s managers or general partners. The exemption contained in this item does not apply to the identity of a privately held company within the investment portfolio of a private equity fund, unless the disclosure of the identity of a privately held company may cause competitive harm.

Nothing contained in this paragraph (G) shall be construed to prevent a person or business from consenting to disclosure.

(H) Proposals and bids for any contract, grant, or agreement, including information which if it were disclosed would frustrate procurement or give an advantage to any person proposing to enter into a contractor agreement with the body, until an award or final selection is made. Information prepared by or for the body in preparation of a bid solicitation shall be exempt until an award or final selection is made.

(I) Valuable formulae, computer geographic systems, designs, drawings and research data obtained or produced by any public body when disclosure could reasonably be expected to produce private gain or public loss. The exemption for “computer geographic systems” provided in this paragraph (i) does not extend to requests made by news media as defined in Section 2 of the Act when the requested information is not otherwise exempt and the only purpose of the request is to access and disseminate information regarding the health, safety, welfare, or legal rights of the general public.

(J) The following information pertaining to educational matters:

(i) test questions, scoring keys and other examination data used to administer an academic examination;

(ii) information received by a primary or secondary school, college, or university under its procedures for the evaluation of faculty members by their academic peers;

(iii) information concerning a school or university’s adjudication of student disciplinary cases, but only to the extent that disclosure would unavoidably reveal the identity of the student; and

(iv) course materials or research materials used by faculty members.

(K) Architects’ plans, engineers’ technical submissions, and other construction related technical documents for projects not constructed or developed in whole or in part with public funds and the same for projects constructed or developed with public funds, including but not limited to power generating and distribution stations and other transmission and distribution facilities, water treatment facilities, airport facilities, sport stadiums, convention centers, and all government owned, operated, or occupied buildings, but only to the extent that disclosure would compromise security.

(L) Minutes of meetings of public bodies closed to the public as provided in the Open Meetings Act until the public body makes the minutes available to the public under Section 2.06. of the Open Meetings Act.

(M) Communications between a public body and an attorney or auditor representing the public body that would not be subject to discovery in litigation, and materials prepared or compiled by or for a public body in anticipation of a criminal, civil or administrative proceeding upon the request of an attorney advising the public body, and materials prepared or compiled with respect to internal audits of public bodies.

(N) Records relating to a public body’s adjudication of employee grievances or disciplinary cases; however, this exemption shall not extend to the final outcome of cases in which discipline is imposed.

(O) Administrative or technical information associated with automated data processing operations, including but not limited to software, operating protocols, computer program abstracts, file layouts, source listings, object modules, load modules, user guides, documentation pertaining to all logical and physical design of computerized systems, employee manuals, and any other information that, if disclosed, would jeopardize the security of the system or its data or the security of materials exempt under this Section.

(P) Records relating to collective negotiating matters between public bodies and their employees or representatives, except that any final contract or agreement shall be subject to inspection and copying.

(Q) Test questions, scoring keys, and other examination data used to determine the qualifications of an applicant for a license or employment.

(R) The records, documents and information relating to real estate purchase negotiations until those negotiations have been completed or otherwise terminated. With regard to a parcel involved in a pending or actually and reasonably contemplated eminent domain proceeding under the Eminent Domain Act, records, documents and information relating to that parcel shall be exempt except as may be allowed under discovery rules adopted by the Illinois Supreme Court. The records, documents and information relating to a real estate sale shall be exempt until a sale is consummated.

(S) Any and all proprietary information and records related to the operation of an intergovernmental risk management association or selfinsurance pool or jointly selfadministered health and accident cooperative or pool. Insurance or self insurance (including any intergovernmental risk management association or self insurance pool) claims, loss or risk management information, records, data, advice or communications.

(T) Information contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of a public body responsible for the regulation or supervision of financial institutions or insurance companies, unless disclosure is otherwise required by State law.

(U) Information that would disclose or might lead to the disclosure of secret or confidential information, codes, algorithms, programs, or private keys intended to be used to create electronic or digital signatures under the Electronic Commerce Security Act.

(V) Vulnerability assessments, security measures, and response policies or plans that are designed to identify, prevent, or respond to potential attacks upon a community’s population or systems, facilities, or installations, the destruction or contamination of which would constitute a clear and present danger to the health or safety of the community, but only to the extent that disclosure could reasonably be expected to jeopardize the effectiveness of the measures or the safety of the personnel who implement them or the public. Information exempt under this item may include such things as details pertaining to the mobilization or deployment of personnel or equipment, to the operation of communication systems or protocols, or to tactical operations.

(W) (This subparagraph deliberately left blank.)

(X) Maps and other records regarding the location or security of generation, transmission, distribution, storage, gathering, treatment, or switching facilities owned by a utility, by a power generator, or by the Illinois Power Agency.

(Y) Information contained in or related to proposals, bids, or negotiations related to electric power procurement under Section 175 of the Illinois Power Agency Act and Section 16111.5 of the Public Utilities Act that is determined to be confidential and proprietary by the Illinois Power Agency or by the Illinois Commerce Commission.

(Z) Information prohibited from being disclosed by the Illinois Personnel Records Review Act. (820 ILCS 40/1 et seq), including but not limited to records of a disciplinary report, letter of reprimand, or other disciplinary action of an employee of the Village when a third party is requesting such records of that employee, until written notice is provided pursuant to said Act prior to the date of disclosure of such records.

(AA) Certified payroll records submitted to the Village pursuant to the Prevailing Wage Act are NOT exempt, except that contractors employees addresses, telephone numbers, and social security numbers MUST be redacted by the Village prior to disclosure.

15-1-11 NOTICE OF DENIAL OF REQUEST; APPEALS.

(A) Each public body denying a request for public records shall notify the requester in writing of the decision to deny the request, the reasons for the denial, including a detailed factual basis for the application of any exemption claimed, and the names and titles or positions of each person responsible for the denial. Each notice of denial by a public body shall also inform such person of the right to review by the Public Access Counselor and provide the address and phone number for the Public Access Counselor. A person whose request to inspect or copy a public record is denied by the Village may file a request for review with the Public Access Counselor established in the Office of the Attorney General not later than 60 days after the date of the final denial. The request for review must be in writing, signed by the requester, and include (i) a copy of the request for access to records and (ii) any responses from the public body. Each notice of denial provided to the requester shall also inform such person of his right to judicial review under Section 11 of the Freedom of Information Act.

(i) The contact information for the Public Access Counselor is:

Public Access Counselor

Public Access Bureau

500 S. 2^nd Street

Springfield, IL 62706

217-558-0486

publicaccess@atg.state.il.us

(ii) Information regarding right to judicial review.

(a) Any person denied access to inspect or copy any public record by a public body may file suit for injunctive or declaratory relief.

(b) Where the denial is from a public body of the State, suit may be filed in the circuit court for the county where the public body has its principal office or where the person denied access resides.

(c) Where the denial is from a municipality or other public body, except as provided in subsection (b) of this subsection, suit may be filed in the circuit court for the county where the public body is located.

(d) The circuit court shall have the jurisdiction to enjoin the public body from withholding public records and to order the production of any public records improperly withheld from the person seeking access. If the public body can show that exceptional circumstances exist, and that the body is exercising due diligence in responding to the request, the court may retain jurisdiction and allow the agency additional time to complete its review of the records.

(e) On motion of the plaintiff, prior to or after in camera inspection, the court shall order the public body to provide an index of the records to which access has been denied. The index shall include the following:

(i) A description of the nature or contents of each document withheld, or each deletion from a released document, provided, however, that the public body shall not be required to disclose the information which it asserts is exempt; and

(ii) A statement of the exemption or exemptions claimed for each such deletion or withheld document.

(f) In any action considered by the court, the court shall consider the matter de novo, and shall conduct such in camera examination of the requested records as it finds appropriate to determine if such records or any part thereof may be withheld under any provision of this Act. The burden shall be on the public body to establish that its refusal to permit public inspection or copying is in accordance with the provisions of this Act. Any public body that asserts that a record is exempt from disclosure has the burden of proving that it is exempt by clear and convincing evidence.

(g) In the event of noncompliance with an order of the court to disclose, the court may enforce its order against any public official or employee so ordered or primarily responsible for such noncompliance through the court’s contempt powers.

(h) Except as to causes the court considers to be of greater importance, proceedings arising under this Section shall take precedence on the docket over all other causes and be assigned for hearing and trial at the earliest practicable date and expedited in every way.

(i) If a person seeking the right to inspect or receive a copy of a public record prevails in a proceeding under this subsection, the court shall award such person reasonable attorneys’ fees and costs. In determining what amount of attorney’s fees is reasonable, the court shall consider the degree to which the relief obtained relates to the relief sought.

(j) If the court determines that a public body willfully and intentionally failed to comply with this Act, or otherwise acted in bad faith, the court shall also impose upon the public body a civil penalty of not less than $2,500 nor more than $5,000 for each occurrence. In assessing the civil penalty, the court shall consider in aggravation or mitigation the budget of the public body and whether the public body has previously been assessed penalties for violations of the Act.

(B) When a request for public records is denied on the grounds that the records are exempt under Section 7 of the Freedom of Information Act (or Section 15-1-10 herein), the notice of denial shall specify the exemption claimed to authorize the denial and the specific reasons for the denial, including a detailed factual basis and a citation to supporting legal authority. Copies of all notices of denial shall be retained by each public body in a single central office file that is open to the public and indexed according to the type of exemption asserted and, to the extent feasible, according to the types of records requested.

(C) Any person making a request for public records shall be deemed to have exhausted his or her administrative remedies with respect to that request if the public body fails to act within the time periods provided herein this Chapter.

(D) A person whose request to inspect or copy a public record is made for a commercial purpose as defined in subsection (e) of Section 15-1-1 of this Article may not file a request for review with the Public Access Counselor. A person whose request to inspect or copy a public record was treated by the public body as a request for commercial purpose under Section 15-1-9 of this Article may file a request for review with the Public Access Counselor for the limited purpose of reviewing whether the public body properly determined that the request was made for a commercial purpose.

15-1-12 GRANTING OF REQUEST; PROCEDURE FOR INSPECTION. When a freedom of information request is granted, the documents will be made available for inspection at the Village Hall during regular business hours. Copies shall be made upon request as set forth herein.

15-1-13 WRITTEN REQUEST NOT REQUIRED FOR CERTAIN DOCUMENTS. The following documents shall be made available for inspection and copying without a written request; however, the requester shall contact the Freedom of Information Act Officer in advance to set a mutually convenient time. These documents, if copied, shall be subject to the copying fee set forth herein.

(A) Ordinances and written resolutions.

(B) The journal (i.e. minutes) of the Village Board, not including executive session minutes.

(C) Any personnel code, building code, other technical code, or any other regulation of the Village adopted by the Village, whether by ordinance, resolution or otherwise.

15-1-14 DISSEMINATION OF INFORMATION ABOUT PUBLIC BODIES. The Village shall prominently display at the Village Hall, make available for inspection and copying without charge, and shall send through the mail if requested at no charge, each of the following:

(A) A brief description of itself, which will include, but not be limited to a short summary of its purpose, a block diagram giving its functional subdivisions, the total amount of its operating budget, the number and location of all of its separate offices, the approximate number of full and part-time employees, and the identification and membership of any board, commission, committee, or council which operates in an advisory capacity relative to the operation of the public body, or which exercises control over its policies or procedures, or to which the public body is required to report and be answerable for its operations; and

(B) A brief description of the methods whereby the public may request information and public records, a directory designating the Freedom of Information Act Officer or Officers, the addresses where requests for public records should be directed, and any fees allowable under the Act.

(C) The Village shall post this information on its website if it maintains one.

15-1-15 LIST OF CATEGORIES OF RECORDS. As to public records prepared or received after the effective date of this Chapter, the Freedom of Information Act Officer shall maintain and make available for inspection and copying a reasonably current list of all types or categories of records under its control. The list shall be reasonably detailed in order to aid persons in obtaining access to public records pursuant to the Act. The Freedom of Information Act Officer shall furnish upon request a description of the manner in which public records stored by means of electronic data processing may be obtained in a form comprehensible to persons lacking knowledge of computer language or printout format.

15-1-16 RECURRENT REQUESTERS.

(A) Notwithstanding any provision of this Article to the contrary, a public body shall respond to a request from a recurrent requester, as defined in subsection (k) of Section 15-1-1, within 21 business days after receipt. The response shall (I) provide to the requester an estimate of the time required by the public body to provide the records requested and an estimate of the fees to be charged, which the public body may require the person to pay in full before copying the requested documents, (ii) deny the request pursuant to one or more of the exemptions set out in this Article, (iii) notify the requester that the request is unduly burdensome and extend an opportunity to the requester to attempt to reduce the request to manageable proportions, or (iv) provide the records requested.

(B) Within 5 business days after receiving a request from a recurrent requester, as defined in subsection (k) of Section 15-1-1, the public body shall notify the requester (I) that the public body is treating the request as a request under subsection (k) of Section 15-1-1, (ii) of the reasons why the public body is treating the request as a request under subsection (k) of Section 15-1-1, and (iii) that the public body will send an initial response within 21 business days after receipt in accordance with subsection (A) of this Section.

(C) Unless the records are exempt from disclosure, a public body shall comply with a request within a reasonable period considering the size and complexity of the request.

(See 5 ILCS Sec. 140/1 et seq.)

ARTICLE II – IDENTITY PROTECTION POLICY

15-2-1 The following is adopted as the Village’s Identity Protection Policy:

Board of Trustees Approval: June 17, 2010

Effective Date: July 1, 2010

This policy is to comply with Public Act 096-0874 of the State of Illinois, codified at 5 ILCS 140/1 et seq , cited as the Identity Protection Act.

1. Definitions.

“Person” means any official, such as village trustee, mayor, clerk, or treasurer (whether elected or appointed), any officer, such as deputy clerk or superintendent, or any individual in the employ of the Village of Louisville, Illinois.

“Publicly post” or “publicly display” means to intentionally communicate or otherwise intentionally make available to the general public.

2. Prohibited Activities.

(a) Beginning July 1, 2010, no official (whether elected or appointed), officer or employee of the Village of Louisville shall do any of the following:

(1) Publicly post or publicly display in any manner an individual’s social security number.

(2) Print an individual’s social security number on any card required for the individual to access products or services provided by the person or entity.

(3) Require an individual to transmit his or her social security number over the

Internet, unless the connection is secure or the social security number is encrypted.

(4) Print an individual’s social security number on any materials that are mailed to the individual, through the U.S. Postal Service, any private mail service, electronic mail, or any similar method of delivery, unless State or federal law requires the social security number to be on the document to be mailed. Notwithstanding any provision in this Section to the contrary, social security numbers may be included in applications and forms sent by mail, including, but not limited to, any material mailed in connection with the administration of the Unemployment Insurance Act, any material mailed in connection with any tax administered by the Department of Revenue, and documents sent as part of an application or enrollment process or to establish, amend, or terminate an account, contract, or policy or to confirm the accuracy of the social security number. A social security number that may permissibly be mailed under this Section may not be printed, in whole or in part, on a postcard or other mailer that does not require an envelope or be visible on an envelope without the envelope having been opened.

(b) Except as otherwise provided in this policy, beginning July 1, 2010, no official (whether elected or appointed), officer or employee of the Village of Louisville shall do any of the following:

(1) Collect, use, or disclose a social security number from an individual, unless (i) required to do so under State or federal law, rules, or regulations, or the collection, use, or disclosure of the social security number is otherwise necessary for the performance

of that agency’s duties and responsibilities; (ii) the need and purpose for the social security number is documented before collection of the social security number; and (iii) the social security number collected is relevant to the documented need and purpose.

(2) Require an individual to use his or her social security number to access an

Internet website.

(3) Use the social security number for any purpose other than the purpose for which it was collected.

(c) The prohibitions noted in the above subsection (b) do not apply in the following circumstances:

(1) The disclosure of social security numbers to agents, employees, contractors, or subcontractors of the Village of Louisville or disclosure to another governmental entity or its agents, employees, contractors, or subcontractors if disclosure is necessary in order for the entity to perform its duties and responsibilities; and, if disclosing to a contractor or subcontractor, prior to such disclosure, the official, officer or employee of the Village of Louisville must first receive from the contractor or subcontractor a copy of the contractor’s or subcontractor’s policy that sets forth how the requirements imposed under this Policy on the Village of Louisville to protect an individual’s social security number will be achieved.

(2) The disclosure of social security numbers pursuant to a court order, warrant, or subpoena.

(3) The collection, use, or disclosure of social security numbers in order to ensure the safety of: Village of Louisville employees; persons committed to correctional facilities, local jails, and other law-enforcement facilities or retention centers; wards of the State; and all persons working in or visiting a Village of Louisville facility.

(4) The collection, use, or disclosure of social security numbers for internal verification or administrative purposes.

(5) The collection or use of social security numbers to investigate or prevent frau

d, to conduct background checks, to collect a debt, to obtain a credit report from a consumer reporting agency under the federal Fair Credit Reporting Act, to undertake any permissible purpose that is enumerated under the federal Gramm Leach Bliley Act, or to locate a missing person, a lost relative, or a person who is due a benefit, such as a pension benefit or an unclaimed property benefit.

(d) If the Village of Louisville has adopted or so adopts in the future any other standards for the collection, use, or disclosure of social security numbers which are stricter than the standards under this policy with respect to the protection of those social security numbers, then, in the event of any conflict with the provisions of this policy, the stricter standards adopted by the Village of Louisville shall control.

3. Public inspection and copying of documents.

Notwithstanding any other provision of this policy to the contrary, all officials, officers and employees of the Village of Louisville must comply with the provisions of any other State law with respect to allowing the public inspection and copying of information or documents containing all or any portion of an individual’s social security number. All officials, officers and employees of the Village of Louisville must redact social security numbers from the information or documents before allowing the public inspection or copying of the information or documents.

4. Applicability.

(a) This policy does not apply to the collection, use, or disclosure of a social security number as required by State or federal law, rule, or regulation.

(b) This policy does not apply to documents that are required to be open to the public under any State or federal law, rule, or regulation, applicable case law, Supreme Court Rule, or the Constitution of the State of Illinois.

5. Compliance with federal law. If a federal law takes effect requiring any federal agency to establish a national unique patient health identifier program, the Village of Louisville shall follow that law.

6. Embedded social security numbers. Beginning December 31, 2009, no official, officer or employee of the Village of Louisville may encode or embed a social security number in or on a card or document, including, but not limited to, using a bar code, chip, magnetic strip, RFID technology, or other technology, in place of removing the social security number as required by this policy.

7. Identity protection policy requirements.

(a) All officials, officers, and employees of the Village of Louisville who are identified as having access to social security numbers in the course of performing their duties shall be trained to protect the confidentiality of social security numbers. Training shall include instructions on the proper handling of information that contains social security numbers from the time of collection through the destruction of the information. The Village Clerk and the Village Treasurer are hereby designated as Village personnel who shall have access to social security numbers. The Village may also designate such other persons to have access as the Village deems appropriate. All such persons so designated shall be trained in accordance with the Act.

(b) Only those officials, officers, and employees who are required to use or handle information or documents which contain social security numbers shall have access to such information or documents.

(c) Social security numbers requested from an individual shall be provided to the Village of Louisville in a manner that makes the social security number easily redacted if required to be released as part of a public records request.

(d) When collecting a social security number or upon request by the individual, a statement of the purpose or purposes for which the Village of Louisville is collecting and using the social security number shall be provided.

(e) A written copy of this privacy policy, and any amendment thereto, shall be filed with the city council within 30 days after approval of this policy or any amendment thereto.

(f) The Village of Louisville shall advise its officials, officers, and employees of the existence of the policy and make a copy of the policy available to each such person, and shall also make this privacy policy available to any member of the public, upon request. If the Village of Louisville amends this privacy policy, then the Village of Louisville shall also advise its officials, officers and employees of the existence of the amended policy and make a copy of the amended policy available to each such person.

8. Violation. Any person who intentionally violates the prohibitions in Section 10 of the Identity Protection Act, which are noted in Paragraph 2 of this policy, is guilty of a Class B misdemeanor.

9. This policy does not supersede any more restrictive law, rule, or regulation regarding the collection, use, or disclosure of social security numbers.

ARTICLE III – IDENTITY THEFT PREVENTION POLICY

15-3-1 The following is adopted as the Village’s Identity Theft Prevention Policy:

Board of Trustees Approval: April 9, 2009

Effective Date: May 1, 2009

Program Administrator: The President of the Village of Louisville, IL, or his designee

This Identity Theft Prevention Program is hereby adopted by the Village of Louisville, Illinois pursuant to and in compliance with the Identity Theft Rules of the Federal Trade Commission (FTC), Part 681 of Title 16 of the Code of Federal Regulations (16CFR Part 681).

Purpose

The purpose of this Identity Theft Prevention Program (Program) is to protect customers of the Municipalitys utility services from identity theft. The Program is intended to establish reasonable policies and procedures to facilitate the detection, prevention and mitigation of identity theft in connection with the opening of new Covered Accounts and activity on existing Covered Accounts.

Scope

This Program applies to the creation, modification and access to Identifying Information of a customer of one or more of the utilities operated by the Municipality (electric, natural gas, water and waste water) by any and all personnel of the Municipality, including management personnel. This Program does not replace or repeal any previously existing policies or programs addressing some or all of the activities that are the subject of this Program, but rather it is intended to supplement any such existing policies and programs.

Definitions

When used in this Program, the following terms have the meanings set forth opposite their name, unless the context clearly requires that the term be given a different meaning:

Covered Account: The term covered account means an account that the Municipality offers or maintains, primarily for personal, family or household purposes, that involves or is designed to permit multiple payments of transactions. (16 CFR 681.2(b)(3)(i)). A utility account is a covered account. The term covered account also includes other accounts offered or maintained by the Municipality for which there is a reasonably foreseeable risk to the customers of the Municipality. (16 CFR 681.2(b)(3)(ii)).

Identity Theft: The term identity theft means a fraud committed or attempted using the identifying information of another person without authority. (16 CFR 681.2(b)(8) and 16 CFR 603.2(a)).

Identifying Information: The term identifying information means any name or number that may be used, alone or in conjunction with any other information, to identify a specific person, including any name, social security number, date of birth, official State or government issued drivers license or identification number, alien registration number, government passport number, employer or taxpayer identification number. Additional examples of identifying information are set forth in 16 CFR 603.2(a).

Red Flag: The term Red Flag means a pattern, practice or specific activity that indicates the possible existence of identity theft.

Certain terms used but not otherwise defined herein shall have the meanings given to them in the FTCs Identity Theft Rules (16 CFR Part 681) or the Fair Credit Reporting Act of 1970 (15 U.S.C. 1681 et seq.), as amended by the Fair and Accurate Credit Transactions Act of 2003 into law on December 4, 2003. (Public Law 108-159).

Administration of the Program

The initial adoption and approval of the Identity Theft Prevention Program shall be by Resolution of the Board of Trustees. Thereafter, changes to the Program of a day-to-day operational character and decisions relating to the interpretation and implementation of the Program may be made by the Village President of the Village of Louisville, Illinois (or his designee) as Program Administrator. Major changes or shifts of policy positions under the Program shall only be made by the Board of Trustees.

Development, implementation, administration and oversight of the Program will be the responsibility of the Program Administrator. The Program Administrator may, but shall not be required to, appoint a committee to administer the Program. The Program Administrator shall be the head of any such committee. The Program Administrator will report at least annually to the Board of Trustees regarding compliance with this Program.

Issues to be addressed in the annual Identity Theft Prevention Report include:

1. The effectiveness of the policies and procedures in addressing the risk of Identity Theft in connection with the opening of new Covered Accounts and activity with respect

to existing Covered Accounts.

2. Service provider arrangements.

3. Significant incidents involving Identity Theft and managements response.

4. Recommendations for material changes to the Program, if needed for improvement.

Identity Theft Prevention Elements

Identification of Relevant Red Flags

The Municipality has considered the guidelines and the illustrative examples of possible Red Flags from the FTCs Identity Theft Rules and has reviewed the Municipalitys past history with instances of identity theft, if any. The municipality hereby determines that the following are the relevant Red Flags for purposes of this Program given the relative size of the Municipality and the limited nature and scope of the services that the Municipality provides to its citizens:

A. Alerts, notifications, or other warnings received from consumer reporting agencies

or service providers.

1. A fraud or active duty alert is included with a consumer report or an identity

verification response from a credit reporting agency.

2. A consumer reporting agency provides a notice of credit freeze in response to

a request for a consumer report.

3. A consumer reporting agency provides a notice of address discrepancy, as defined in 681.1(b) of the FTCs Identity Theft Rules.

4. A consumer report indicates a pattern of activity that is inconsistent with the history and usual pattern of activity of an applicant or customer, such as;

a) A recent and significant increase in volume of inquiries:

b) An unusual number of recently established credit relationships;

c) A material change in the use of credit, especially with respect to recently

established credit relationships; or

d) An account that was closed for cause or identified for abuse of account

privileges by a financial institution or creditor.

B. The presentation of suspicious documents.

5. Documents provided for identification appear to have been altered or forged.

6. The photograph or physical description on the identification is not consistent with the appearance of the applicant or customer presenting the identification.

7. Other information on the identification is not consistent with information provided by the person opening a new covered account or customer presenting the identification.

8. Other information on the identification is not consistent with readily accessible

information that is on file with the Municipality, such as a signature card or a

recent check.

9. An application appears to have been altered or forged, or gives the appearance of having been destroyed and reassembled.

C. The presentation of suspicious personal identifying information, such as a suspicious

address change.

10. Personal identifying information provided is inconsistent when compared against external information sources used by the Municipality. For example:

a) The address does not match any address in the consumer report or

CRA ID Check response; or

b) The Social Security Number (SSN) has not be issued, or is listed on the Social Security Administrations Death Master File.

11. Personal identifying information provided by the customer is not consistent with the other personal identifying information provided by the customer. For example, there is a lack of correlation between the SSN range and date of birth.

12. Personal identifying information provided is associated with known fraudulent

activity as indicated by internal or third-party sources used by the Municipality.

For example:

a) The address on an application is the same as the address provided on a

fraudulent application; or

b) The phone number on an application is the same as the number

provided on a fraudulent application.

13. Personal identifying information provided is of a type commonly associated with

fraudulent activity as indicated by internal or third-party sources used by the

Municipality. For example:

a) The billing address on an application is fictitious, a mail drop, or

a prison; or

b) The phone number is invalid, or is associated with a pager or

answering service.

14. The SSN provided is the same as that submitted by other persons opening an account or other customers.

15. The address or telephone number provided is the same as or similar to the account

number or telephone number submitted by an unusually large number of other

persons opening accounts or other customers.

16. The person opening the covered account or the customer fails to provide all required

personal identifying information on an application or in response to notification that the application is incomplete.

17. Personal identifying information provided is not consistent with personal identifying

information that is on file with the Municipality.

18. If the Municipality uses challenge questions, the person opening the covered account

or the customer cannot provide authenticating information beyond that which

generally would be available from a wallet or consumer report.

D. The unusual use of, or other suspicious activity related to, a Covered Account.

19. Shortly following the notice of a change of address for a covered account, the

Municipality receives a request for the addition of authorized users on the account.

20. A new utility account is used in a manner commonly associated with known

patterns of fraud patterns. For example: the customer fails to make the first

payment or makes an initial payment but no subsequent payments.

21. A covered account with stable history shows irregularities.

22. A covered account that has been inactive for a reasonably lengthy period of time

is used (taking into consideration the type of account, the expected pattern of usage and other relevant factors).

23. Mail sent to the customer is returned repeatedly as undeliverable although usage of

utility products or services continues in connection with the customers covered

account.

24. The Municipality is notified that the customer is not receiving paper account

statements.

25. The Municipality is notified of unauthorized usage of utility products or services

in connection with a customers covered account.

E. Notice of Possible Identity Theft.

26. The Municipality is notified by a customer, a victim of identity theft, a law

enforcement authority, or any other person that is has opened a fraudulent

account for a person engaged in identity theft.

Detection of Red Flags

The employees of the Municipality that interact directly with customers on a day-to-day basis shall have the initial responsibility for monitoring the information and documentation provided by the customer and any third-party service provider in connection with the opening of new

accounts and the modification of or access to existing accounts and the detection of any Red Flags that might arise. Management shall see to it that all employees who might be called upon to assist a customer with the opening of a new account or with modifying or otherwise accessing an existing account are properly trained such that they have a working familiarity with the relevant Red Flags identified in this Program so as to be able to recognize any Red Flags that might surface in connection with the transaction. An Employee who is not sufficiently trained to recognize the Red Flags identified in this Program shall not open a new account for any customer, modify any existing account or otherwise provide any customer with access to information in an existing account without the direct supervision and specific approval of a management employee. Management employees shall be properly trained such that they can recognize the relevant Red Flags identified in this Program and exercise sound judgment in connection with the response to any unresolved Red Flags that may present themselves in connection with the opening of a new account or with modifying or accessing of an existing account. Management employees shall be responsible for making the final decision on any such unresolved Red Flags.

The Program Administrator shall establish from time to time a written policy setting forth the manner in which a prospective new customer may apply for service, the information and documentation to be provided by the prospective customer in connection with an application for a new utility service account, the steps to be taken by the employee assisting the customer with the application in verifying the customers identity and the manner in which the information and documentation provided by the customer and any third-party service provider shall be maintained. Such policy shall be generally consistent with the spirit of the Customer Identification Program rules (31 CFR 103.121) implementing Section 326(a) of the USA PATRIOT Act but not need be as detailed. The Program Administrator shall establish from time to time a written policy setting forth the manner in which customers with existing accounts shall establish their identity before being allowed to make modifications to or otherwise gain access to existing accounts.

Response to Detected Red Flags

If the responsible employees of the Municipality as set forth in the previous section are unable, after making a good faith effort, to form a reasonable belief that they know the true identity of a customer attempting to open a new account or modify or otherwise access an existing account

based on the information and documentation provided by the customer and any third-party service provider, the Municipality shall not open the new account or modify or otherwise provide access to the existing account as the case may be. Discrimination in respect to the opening of new accounts or the modification or access to existing accounts will not be tolerated by employees of the Municipality and shall be grounds for immediate dismissal.

The Program Administrator shall establish from time to time a written policy setting forth the steps to be taken in the event of an unresolved Red Flag situation. Consideration should be given

to aggravating factors that may heighten the risk of Identity Theft, such as a data security incident that results in unauthorized access to a customers account, or a notice that a customer has provided account information to a fraudulent individual or website. Appropriate responses to prevent or mitigate Identity Theft when a Red Flag is detected include:

1. Monitoring a Covered Account for evidence of Identity Theft.

2. Contacting the customer.

3. Changing any passwords, security codes, or other security devices that permit

access to a Covered Account.

4. Reopening a Covered Account with a new account number.

5. Not opening a new Covered Account.

6. Closing an existing Covered Account.

7. Not attempting to collect on a Covered Account or not selling a Covered Account

to a debt collector.

8. Notifying law enforcement.

9. Determining that no response is warranted under the particular circumstances.

Program Management and Accountability

Initial Risk Assessment Covered Accounts

Utility accounts for personal, family and household purposes are specifically included within the definition of covered account in the FTCs Identity Theft Rules. Therefore, the Municipality determines that with respect to its residential utility accounts it offers and/or maintains covered accounts. The Municipality also performed an initial risk assessment to determine whether the utility offers or maintains any other accounts for which there are reasonably foreseeable risks to customer or the utility from identity theft. In making this determination the Municipality considered (1) the methods it uses to open its accounts, (2) the methods it uses to access its accounts, and (3) its previous experience with identity theft, and it concluded that it does not offer or maintain any such other covered accounts

Program Updates Risk Assessment

The Program including relevant Red Flags, is to be updated as often as necessary but at least annually to reflect changes in risks to customers from Identity Theft. Factors to consider in the Program update include:

1. An assessment of the risk factors identified above.

2. Any identified Red Flag Weakness in associated account systems or procedures.

3. Changes in methods of Identity Theft.

4. Changes in methods to detect, prevent, and mitigate Identity Theft.

5. Changes in business arrangements, including mergers, acquisitions, alliances, joint

ventures, and service provider arrangements.

Training and Oversight

All staff and third-party service providers performing any activity in connection with one or more Covered Accounts are to be provided appropriate training and receive effective oversight to ensure that the activity is conducted in accordance with policies and procedures designed to detect, prevent, and mitigate the risk of Identity Theft.

Other Legal Requirements

Awareness of the following related legal requirements should be maintained:

31 U.S.C. 5318 (g) Reporting of Suspicious Activities

15 U.S.C. 1681 c-1 (h) Identity Theft Prevention; Fraud Alerts and Active

Duty Alerts Limitations on Use of Information for Credit Extensions

15 U.S.C. 1681 s-2 Responsibilities of Furnishers of Information to Consumer

Reporting Agencies

15 U.S.C. 1681 m Requirements on Use of Consumer Reports

IDENTITY THEFT PREVENTION PROGRAM

Procedure for Opening New Account

I. All new Utility Accounts may be opened in the following manners:

In Person Walk-In

II. Information and Documentation Required for Walk-in (potential customer to open

new account)

The following are minimum requirements:

Drivers License or alternate government issued picture ID (required).

Second form of identification, such as credit card (required)

New service address (required)

New service telephone number (if new)

Most recent previous address (required)

Social Security Number (optional)

Permission signed for Credit Reporting Agency (CRA) Report (optional)

Deed or Lease (optional)

Set up challenge question (for future use)

Signature on application (required)

III. Steps to be Taken by the CSR

a. Check drivers license/alternate govt ID (prior training/detecting fake IDs)

b. Compare signature on application with signature on drivers license and second form of ID

c. Review checklist of Red Flags/determine if any present

d. Computer scan/make a copy of drivers license/alternate govt ID

e. Go online with CRA enter data to computer database/software

i. Validate name, social security number (SSN), last address

ii. Ensure SSN not on Death Master File (http://www.ssdmf.com)

iii. Ensure not on Active Duty List

iv. Ensure there are no Fraud Alerts

IV. Steps for CSR to Follow If Validation of ID fails

a. Tactfully advise potential customer of the issue, if appropriate

b. Do not open account

c. Refer customer to external source that is the source of the Red Flag

(i.e., SSN Master File)

d. Escalation to supervisor if situation with customer unresolved

e. Management employee/Program Administrator to make final decision in

his/her discretion whether to open new account

FREEDOM OF INFORMATION REQUEST

Name: ______________________________________________________________________

Address: ____________________________________________________________________

____________________________________________________________________

Telephone number: ___________________________________

Records requested (please be as specific as possible) _________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

I want to examine and/or copy those records (check all that applies).

I understand that I may have to pay for certain copying costs or postage costs, and that I will have to pay such costs upfront before I am provided the records that I am requesting. No fees shall be charged for the first 50 pages of black and white, letter or legal sized copies requested by a requester. The fee for black and white, letter or legal sized copies shall not exceed 15 cents per page. If a public body provides copies in color or in a size other than letter or legal, the public body may not charge more than its actual cost for reproducing the records.

I want to pick up the requested records myself, or have the records mailed to me by

regular U.S. Mail, or certified mail, or other means __________________________. (check all that applies – requester must pay for any mailing costs other than regular U.S. mail)

I want the copies to be certified.

This request is or is not made for commercial benefit purposes (check one).

Other information or requests that I am seeking:

CHAPTER 16

GARBAGE

16-1-1 MANDATORY FEE. The occupant of each residence located in the Village that is physically occupied shall be required to pay a mandatory fee for garbage pickup, except as otherwise noted herein.

16-1-2 FEES. The fees for the collection of garbage shall be set in such amounts as may be directed by the Village Board, and the bills for said fees shall be sent out at such times as may be directed by the Village Board.

16-1-3 FEE IS MANDATORY. All occupied residences in the Village shall be charged with the mandatory garbage pickup fee, whether or not they use said collection service, except as otherwise noted herein.

16-1-4 EXCEPTIONS. In the event that an occupant of a residence has lawful access to a garbage collection service provided to a business location, then the mandatory fee for residential garbage pickup shall not be assessed to that occupant, provided that the occupant furnishes proof of same to the Village Collector. Also an occupant may temporarily suspend his residential garbage collection, and thereby not be assessed the mandatory fee, if said occupant will be absent from the residence on a temporary basis for reasons such as, but not limited to, vacations or illness, provided that the occupant notifies the Village Collector of such absence and provided that such absence will be longer than one (1) month.

16-1-5 FAILURE TO PAY FEE. Should any occupant fail to pay the garbage pickup fee within thirty (30) days of being billed the same, the landowner, if different from the occupant, shall be responsible for the immediate payment of the garbage pickup fee upon notice from the Village. Until such time that the outstanding balance for garbage pickup is paid, the Village may refuse further collection of garbage at that residence until the required fees have been paid.

(Ord. No. 509; 01-10-02)

(See Section 1-1-20 for penalty)

CHAPTER 17

GAS SYSTEM

1711 RATES AND CHARGES ESTABLISHED.

(A) The rates and charges for the use and services of the municipal gas utility of the Village be and are established. Such rates and charges shall be made and collected against each consumer who shall directly or indirectly receive gas from said municipal utility. The rates and charges shall be based upon the quantity of gas used by each consumer, as measured by the gas meter.

(B) The charges shall be computed on a monthly basis at the following rates:

$ 4.50 + cost per 1,000 cu. ft.

The cost of a 1,000 cu. ft of gas shall be computed by taking into account and adding onto the stated purchase cost of said gas a dollar amount factor which represents the wastage incurred by the gas system, with the net effect of said wastage being reduced to a dollar amount, and then applying said dollar amount of wastage to each customer proportionately according to each customers usage, on a monthly basis. (Ord. #675; 5/21/2011)

(C) If any rate (whether or not charged under bond) applicable to natural gas purchased by the Village from the pipeline company is increased or decreased after July 1, 1962, resulting in an increase or decrease in the cost of the gas purchased by the Village, such increase or decrease shall be applied in direct uniform rates to the above rates. (Ord. No. 238, 1962)

(D) The gas connection fee shall be Three Hundred Dollars ($300.00) for any building or property connecting to the gas system with the Village’s standard residential meter and equipment, payable in advance. However, for any gas connection that requires a meter and/or equipment whose total material cost (not including any labor cost) is greater than $300.00, the gas connection fee shall be the actual cost amount incurred by the Village for the meter and/or equipment so installed to make such gas connection, payable in advance. (Ord. No. 557, 2/10/2005)

1712 RATES AND CHARGES TO BE NONDISCRIMINATORY. No free service of the gas utility shall be furnished to any person, firm, organization or corporation, public or private, and all rates and charges shall be nondiscriminatory; provided, that the Mayor and Board of Trustees reserve the right to impose special rates and charges in cases where particular circumstances render the regular rates inadequate or unjust. If the Village should elect to supply itself with gas for any purpose, regular rates therefor shall be charged against the Village and payment made from the funds thereof to the gas fund. (Ord. No. 238, 1962)

17-1-3 Billing; Utility Shut-off; Hearing.

(1) All bills for utility services shall be due and payable upon presentation which will usually be the twentyth (20^th) day of the month. If a bill is not paid by the fourth (4^th) day of the following month, a penalty equal to ten percent (10%) of the amount due shall be added thereto. This penalty shall be in addition to the charges heretofore established for the utility services.

(2) Any customer who fails to pay the utility bills by the fifteenth (15^th) day of the month following presentation shall have the utility services disconnected after a written notice by the Village has been hand delivered or mailed by first-class mail to the customer, affording the customer an opportunity for a hearing. The aforesaid notice shall be mailed or hand delivered to the customer at the address of the utilities on the sixteenth (16^th) day of said month after billing, specifically advising the customer of the following:

(a) Name and address of the customer and amount of the bill.

(b) That the customer has a right to be heard and to present evidence in his behalf if he does not agree with the amount of the bill, or if he believes that the bill has already been paid in full.

(c) That it is the customers obligation to request a hearing.

(d) That, if the customer fails to request a hearing, the utilities will be discontinued on the date of termination. If the customer requests a hearing but fails to appear at the hearing, the customers utility service will be terminated immediately without further proceedings.

(e) The date and time of termination. Said date shall be either five (5) days from the date of mailing of the aforesaid notice, or two (2) days from the date of hand delivery. Hand delivery may be accomplished by attaching the notice to the front door of the building to which the utilities in question have been supplied.

(3) If a hearing is requested, the time, date and location of the hearing shall be determined by the Mayor or the Clerk, and the customer will be notified. One of these officials shall preside over the hearing and shall make a final determination as to the rights of the consumer and the Village based on the information received at the hearing. The customer must make a request for a hearing in writing delivered to the Village Hall during working hours at a time prior to the date and time of termination given in said notice; otherwise, the disconnection shall occur as scheduled without further notice.

(4) The customer shall be notified within two (2) working days of the decision rendered by the hearing officer. If the service is to be discontinued, a date and time will be set out in the notice to terminate the service or services of the customer. Notice of the hearing officer’s decision shall be made by first-class mail or by hand delivery as herein described.

(5) If the hearing officer decides in favor of the Village, the Village shall have the right to discontinue the customer’s utility services. Should the customer fail to appear at the

hearing, or should the notice be returned non-accepted, then the Village shall also have the right to terminate the customer’s utility services without further proceedings.

(6) If the customer who has been notified for nonpayment of utility bills is not the owner of record, then the Village shall also notify the owner of the property by first-class mail of the possible disconnection.

(7) Billing, Payment, Disconnection and Reconnection Procedures: Notwithstanding any other provision of this Municipal Code, the following conditions, restrictions and procedures shall apply in all cases.

[1] A disconnection and the filing of a lien may occur under any and all circumstances for a delinquent, unpaid utility bill as provided herein, regardless of whoever may be in possession of the subject premises at the time of disconnection, even if the premises in question was sold, leased or rented to some person other than the existing account holder at a time when said account holder was not delinquent in the payment of his utility account. After shutoff has occurred, the utilities services shall not be reconnected for any reason except upon payment of all utility bills and charges owed upon the property in question, together with any service reconnection charge that may be due as provided by village ordinance. All utilities charges for services provided to a premises shall be a personal obligation, on a joint and several basis, of both the current account holder and the actual owner of the premises. However, a current account holder who is not an actual owner of the premises, who is also vacating the premises, and who has not authorized some other person other than the actual owner of said premises to take possession of the property, may request that the village authorities shutoff the utilities services and terminate his account as of the date of his vacating of the premises, and thereby shall not be liable for any charges for utilities services provided thereafter said date.

[2] In the case of a change in occupancy of the premises, regardless of whether there are past due utilities for said premises, the new occupant (i.e. the new proposed account holder) shall not be charged with nor be required to pay the amounts due resulting from the prior occupancy, but nevertheless the utilities services shall not be placed into the new occupants name as account holder nor shall any disconnected utilities be reconnected until the Village receives payment from whatever source of all amounts and charges due, whether delinquent or not, for all utilities services provided to date to the premises under the old occupants account, together with any service reconnection charge that may be due as provided by village ordinance if the utility service has already been disconnected. If the new occupant takes possession of the premises without switching the utilities account into the new occupants name, any utilities used thereafter shall be a personal obligation chargeable to and due and payable by, on a joint and several basis, the old occupant if he authorized the new occupant to take possession, the new occupant, and the actual owner of said premises, and the utilities shall in all instances be subject to all shutoff, lien and reconnection procedures if the utilities become delinquent, regardless of who owns or occupies the property at the time of the disconnection. All persons who own or hold an interest in real estate within the Village limits or in real estate which is provided Village utilities services shall inform and give notice to any person desiring to purchase, lease or rent such real estate of the requirements and restrictions of this Subparagraph 7 of Section 17-1-3, and this duty to so inform and give notice shall be deemed a provision of every contract, whether written or oral, for the purchase, leasing or renting of such real estate located within the Village limits or which is provided Village utilities services. All persons taking ownership or possession of any real estate located within the Village limits or of real estate which is provided Village utilities services shall take subject to the provisions of this Ordinance. The Village Clerk shall provide a computation of the utilities charges due to date for any premises served by a Village utility system upon the request of any person interested in purchasing, leasing or renting such premises. A copy of the ordinance establishing this Subparagraph 7 of said Section 17-1-3, properly certified by the Village Clerk, shall be recorded in the Office of the Recorder of Clay County, Illinois and shall be deemed additional notice, separate from the normal publication notice, given to all owners of or holders of an interest in any real estate located as above described and also to all persons interested in purchasing, leasing or renting any real estate located as above described, of the requirements and restrictions of amended this Subparagraph 7 of Section 17-1-3 of the Village of Louisville, Illinois. This requirement of recording said ordinance shall be considered directory only and not mandatory, and it shall not be considered as establishing any requirement or policy that any future ordinances or amendments to ordinances, including this ordinance, lawfully passed by village authorities, must also be recorded in said Recorders Office.

[3] The fee to reconnect a disconnected gas service shall be Twenty-Five Dollars ($25.00), plus any expenses incurred in the actual physical reconnection of the gas service.

(8) A delinquent account for gas utility charges shall be considered a delinquent account for water and sewer utility services, and any disconnection made by the Village under this Section 17-1-3 shall be made for all utility services supplied to that location; however, no gas service furnished to residential users shall be terminated for nonpayment of bills on (I) any day when the National Weather Service forecast for the following 24 hours covering the area in which the residence is located includes a forecast that the temperature will be 20 degrees Fahrenheit or below; or (ii) any day preceding a holiday or weekend when such a forecast indicates that the temperature will be 20 degrees Fahrenheit or below during the holiday or weekend.

(Ord. No 584, 7/27/2006; Ord. No. 622, 4/10/2008)

1714 LIENS. Whenever a bill for gas services remains unpaid for forty-five (45) days for monthly service after it has been rendered, the Village Clerk shall file with the County Recorder of Deeds, a statement of lien claim. This statement shall contain the legal description of the premises served, the amount of the unpaid bill and a Notice that the Village claim a lien for this amount, as well as for all charges subsequent to the period covered by the bill and for any attorneys’ fees or expenses necessary to collect such bill or foreclose on the lien. If the user whose bill is unpaid is not the owner of the premises and the Village Clerk has notice of this, notice shall be mailed to the owner of the premises, if his address is known to the Clerk, whenever the bill remains unpaid for the period of forty-five (45) days for a monthly bill after it has been rendered. The failure of the Village Clerk to record such lien, or to mail such notice or the failure of the owner to receive such notice shall not affect the right to foreclose the lien for unpaid bills as mentioned in this Section. (Ord. No. 480; 02-11-99)

1715 FORECLOSURE. The property subject to a lien for unpaid charges shall be sold for nonpayment of the same and the proceeds of the sale shall be applied to pay the charges, attorneys’ fees and expenses, after deducting costs as is the case in the foreclosure of statutory liens.

1716 CHARGES TO BE DEPOSITED. All moneys received as charges for the services of the gas system shall be deposited in a bank account separate and distinct from the bank accounts in which other Village funds are held. The funds shall be administered and allocated in strict accordance with the provisions of Ordinance No. 230 of the Village, authorizing the issuance of Gas Public Utility Certificates, or in accordance with any ordinance which may hereafter be adopted to refund said certificates. (Ord. No. 238, 1962)

1717 SYSTEM OF ACCOUNTS AND RECORDS REQUIRED. It shall be the duty of the Village Treasurer to set up and maintain a proper system of accounts and records separate from all other accounts and records, showing the amount of revenues received from the gas system and the application of such revenues and all financial transactions in connection therewith. Such accounts shall annually be audited properly by an independent certified public accountant. (Ord. No. 238, 1962)

1718 COLLECTION OF CHARGES. It shall be the duty of the officials of the Village diligently to collect the charges imposed by this Article and to employ the proper means for the collection thereof. (Ord. No. 238, 1962)

1719 ENERGY ASSISTANCE CHARGE. Pursuant to 305 ILCS 20/13 the Village shall assess each of its gas customer accounts a monthly Energy Assistance Charge for the Supplemental Low-Income Energy Assistance Fund. The monthly fee shall be as follows:

(A) Forty Cents ($0.40) per month on each account for residential gas service;

(B) Four Dollars ($4.00) per month on each account for non-residential gas service which had distributed to it less than 4,000,000 therms of gas during the previous calendar year;

(C) Three Hundred Dollars ($300.00) per month on each account for non-residential gas service which had 4,000,000 or more therms distributed to it during the previous calendar year.

For purposes of this Section, “residential gas service” means gas utility service for household purposes delivered to a dwelling of two (2) or fewer units which is billed under a residential rate, or gas utility service for household purposes distributed to a dwelling unit or units which is billed under a residential rate and is registered by a separate meter for each dwelling unit. “Non-residential gas service” means gas utility service which is not residential gas service.

17110 ILLINOIS DEPARTMENT OF REVENUE NOTIFIED. The Village Clerk is hereby authorized, empowered and directed to inform the Illinois Department of Revenue in writing that this Section has been approved and do all other ministerial acts that might be required by rule or regulation in order for the Village to impose said fees to allow its citizens to receive maximum benefits from the Program and Fund. (Ord. No. 526; 01-09-03)

17111 GAS UTILITY PAYMENT DEPOSITS AND CONNECTION FEES.

(A) Property Owners. The owners who own the land and building thereon shall not be required to make a deposit for the payment of gas utilities.

(B) Renters and Other Occupants. Renters and other occupants, who rent or otherwise occupy the building or land upon which a meter is located, including any person or entity purchasing the land on contract for deed, but not including any governmental entity which is renting or otherwise occupying a building or land which it does not own, shall make the following deposits for the payment of gas utilities, said deposits to be made before obtaining connection to said utilities:

Gas $200.00

(Ord. #584; 7/27/2006)

(C) Refund Policy. In the event the renter pays the utility bills for thirty-six (36) consecutive months with no late payments, the deposit or deposits for the gas utilities shall be returned to the renter.

(D) Disconnection Policy. If any service is disconnected a second time in any calendar year, regardless of whether the renter or other occupant has a utility deposit with the Village, prior to reconnection that person shall deposit with the Village an amount that is double the normal deposit amount for that service. As to any landowner who has the service disconnected a second time in any calendar year, prior to reconnection the landowner shall make the normal utility deposit. The deposit described in this Section shall remain with the Village until such time as the accountholder has paid the utility bills for thirty-six (36) consecutive months with no late charges.

(E) Security for Payment – No Interest. The deposits made under the provisions of this Chapter shall be held by the Village as security for the payment of utility services used by the applicant upon the premises to which his application pertains, and may be so applied when any default is made in the payment in the utilities bill in accordance with this Chapter. The depositor shall earn no interest on the deposit.

(F) Connection Fee. The gas connection fee for the initial connection of a proposed meter location to the Village’s gas system shall be Three Hundred Dollars ($300.00) per connection.

17-1-12 EQUALIZED BILLING. The Village Clerk of the Village of Louisville shall institute and maintain a system and program of equalized billing for its gas utility services,under the same requirements and conditions as noted in Section 38-4-14 for equalized billing of water and sewer utilities. Any subsequent changes made in the water and sewer equalized billing program denoted in said Section 38-4-14 shall also be similarly established and instituted in the gas utility services equalized billing program at the same time that the changes in the water and sewer equalized billing program become effective. (Ord. #571; 1-12-2006)

CHAPTER 21

LIQUOR

ARTICLE I – GENERAL REGULATIONS

21-1-1 LIQUOR UNLAWFUL IN VILLAGE. It shall be unlawful to sell, offer for sale, barter, or exchange any intoxicating beverage in the Village. It shall be unlawful to keep any intoxicating beverage in the Village for the purpose of selling the same or offering the same for sale.

21-1-2 MANUFACTURING UNLAWFUL. It shall be unlawful to bottle, manufacture, distill or prepare for sale in any way, any intoxicating beverage within the Village.

21-1-3 DEFINED. The term “intoxicating beverage” as used in this Chapter shall be construed to mean and include any liquid intended for human consumption containing more than one-half of one percent by volume of alcohol.

21-1-4 MEDICAL TREATMENT. The provisions of this Chapter shall not be construed to prevent the sale by a licensed pharmacist of any intoxicating beverage or the prescription of a licensed physician for medical treatment.

21-1-5 LIQUOR ON STREETS. It shall also be unlawful to consume any alcoholic beverages on any public park, street, alley, sidewalk, public way, or public property in the Village.

21-1-6 TRANSPORTING IN MOTOR VEHICLES, ETC. No person shall, within the Village, transport, carry, possess, or have any alcoholic liquor in, upon or about any motor vehicle in or on any public street, alley or place, except in the original package and with the seal unbroken.

21-1-7 LIQUOR IN VEHICLES; MINORS. The presence in a vehicle, other than a public vehicle, of any alcoholic liquor shall be prima facie evidence that it is in the possession of and is being carried by all persons occupying such vehicle at which time the alcoholic liquor is found, except under the following circumstances:

(A) If such liquor is found on the person of one of the occupants therein; or

(B) If such vehicle contains at least one occupant over twenty-one (21) years of age.

21-1-8 PEDDLING. It shall be unlawful to peddle alcoholic liquor in the Village.

21-1-9 UNLAWFUL ACTS. It shall be unlawful for any person to do or commit any of the following acts within the Village, to-wit:

(A) Drink any alcoholic liquors on any public street, alley, sidewalk, or other public way without special permission granted by the Village Board.

(B) Drink any alcoholic liquors in any public park or public property except with the permission of the Village Board.

(C) Drink any alcoholic liquors on any private property without permission of an owner or lawful possessor thereof.

(D) Appear on or in any public street, alley, sidewalk or other public place, in an intoxicated condition.

CHAPTER 23

MANUFACTURED HOMES

23-1-1 DEFINITIONS. Unless the context clearly regulates otherwise, the words and phrases set forth below shall have the meanings set forth in this Chapter.

(A) “Manufactured Home”. A structure, other than a double wide or modular home, designed for permanent habitation and so constructed as to permit its transport on wheels, temporarily or permanently attached to its frame, from the place of its construction to the location, or subsequent locations, at which it is intended to be a permanent habitation and designed to permit the occupancy thereof as a dwelling place for one (1) or more persons. A manufactured home is not and should not be confused with a travel trailer, motor home, camping trailer, recreational vehicle, or other similar structure. (Ord #614; 9/13/2007)

(B) “Permanent Habitation”. A period of two (2) or more months.

(C) “Mobile Home Park”. A tract of land or two (2) or more contiguous tracts of land upon which three (3) or more independent mobile homes are located for permanent habitation either free of charge or for revenue purposes, and shall include any building, structure, tent, vehicle or enclosure used or intended for use as a part of the equipment of such mobile home park.

(D) “Site”. The lot on which the mobile home is located for permanent habitation.

(E) “Individual Lot”. A tract of land must be a minimum of five thousand (5,000) square feet in order to qualify as an individual lot.

(F) “Individual Utilities”. The provisions for each mobile home of: a separate metered connection to electrical service; separate and metered water service from any approved public water supply or a separate private water supply; and a tapped connection to an approved public sewer system.

(G) “Dependent/Independent”. A structure for purposes of this Chapter shall be considered independent if it has a self-contained toilet and bath or shower facilities and dependent if it does not have a self-contained toilet and bath or shower facilities. (Ord #614; 9/13/2007)

23-1-2 LOCATION PERMIT REQUIRED. No manufactured home shall be placed in the Village without having a permit therefor issued by the order of the Village Board. In addition, all mobile homes must meet national standards for permanent mobile home tie downs. Manufactured homes must have skirts or underpinning between the ground level and the bottom of the manufactured home.

23-1-3 APPLICATION FOR PERMIT. Application for permits required by this Chapter shall be made in writing, including a drawing of the location of the placement of the mobile home, to the Village Clerk who shall issue the same upon written approval of a Village official endorsed upon such permit. No fee shall be charged for the permit. A Village official shall inspect the property to determine if such placement of a manufactured home will interfere with public utilities or with utility easements of the Village and to determine that said manufactured home complies with the provisions of this Chapter and to verify the registration number of said manufactured home.

23-1-4 REVOCATION OF PERMIT. The Village may revoke the permit in the event it is discovered that the placement of a manufactured home will interfere with public utilities or with a valid utility easement of the Village or if said manufactured home does not meet national standards for permanent mobile home tie downs or does not have the required skirting or underpinning.

23-1-5 SEWER RESTRICTIONS. No manufactured home park or individual manufactured home site shall be located or operated such that the drainage of the park or individual site area will endanger any water supply. No wastewater from any such manufactured home shall be deposited on the surface of the ground on which the manufactured home is resting.

23-1-6 ONE UNIT PER LOT. Only one (1) manufactured home is permitted per each Village lot, unless the same is in a state-approved manufactured home park, and no manufactured home, modular home or double-wide home is permitted on any Village lot where other residential or commercial structures exist.

23-1-7 SETBACK LINES. No manufactured home shall be parked closer than ten (10) feet to the side lot line, alley or building or closer than twenty (20) feet to a public street. Each individual site shall abut or face on a private or public driveway or roadway of not less than twenty-two (22) feet in width, which driveway or roadway shall have unobstructed access to a public highway or alley which shall have adequate roadway drainage. There shall be an open space of at least ten (10) feet adjacent to the sides of each manufactured home and at least ten (10) feet adjacent to the ends of each manufactured home such that there is a distance of at least twenty (20) feet between walls of each manufactured home and which space shall be exclusive of the roadway or private or public driveway. Each space or site upon which a manufactured home is accommodated shall be furnished and supplied with two (2) parking spaces for motor vehicles, which parking spaces shall not be located upon any street, alley or roadway, but upon land adjacent to or attached to the land on which the manufactured home is located.

23-1-8 AGE LIMITATIONS. No manufactured home being of a manufacture year fifteen (15) years or older than the current model year shall be brought into and located in the Village.

23-1-9 CONFORMITY WITH LAWS. All manufactured homes shall conform to the Village, county, state and federal laws, regulations or laws that may apply.

23-1-10 EXPANSION OR CONNECTING MANUFACTURED HOMES. No manufactured home shall be expanded, substituted or replaced, except in compliance with this Chapter. No two (2) or more individual manufactured homes shall be connected together, unless so designed by a manufacturer.

23-1-11 MANUFACTURED HOMES FOR STORAGE PROHIBITED. No manufactured home shall be used for storage or other non-residential purpose.

23-1-12 UNITS GRANDFATHERED. Nothing herein contained shall apply to or regulate the use or occupancy of any manufactured home placed upon a tract of land within the Village limits, prior to September 24, 1995. Said provisions shall further not apply to any successor in the ownership of any manufactured home placed upon a tract of land within the Village limits, prior to September 24, 1995. However, any manufactured home fifteen (15) years or older than the current model year shall not be moved from one lot within the Village limits to another lot within the Village limits. (Ord. No. 95-443; 09-14-95)

23-1-13 PROHIBITED RESIDENTIAL USES.

(A) Dependent Manufactured Home. It shall be unlawful to locate a dependent manufactured home in the Village unless placed in a stated-licensed travel trailer park.

(B) Independent and Dependent Travel Trailer. It shall be unlawful to permanently inhabit (i.e. reside in) an independent or dependent travel trailer, motor home, camping trailer, recreational vehicle, or other similar structure in the Village limits unless it is located in a state-licensed travel trailer park. Under no circumstances shall any travel trailer or motor home be hooked up to the Village utilities systems unless it is located in a state-licensed travel trailer park.

(C) Manufactured Home. It shall be unlawful to locate a manufactured home in a state-licensed travel trailer park without written permission of the Village Board.

(Ord #614; 9/13/2007)

23-1-14 UNOCCUPIED MANUFACTURED HOMES.

(A) Unoccupied – Proof of Inspection. Every owner of a manufactured home located within the Village limits, where said mobile home has not been occupied for a period of twelve months or longer, shall provide proof to the Village Clerk that said manufactured home has been inspected within the twelve month period preceding the owner’s application to the Village Clerk. Said inspection shall provide and certify that said manufactured home conforms to all relevant Illinois codes which regulate the building and construction of manufactured homes, including and not limited to the Illinois Mobile Home and Manufactured Housing Safety Act, and also conforms to all the requirements of the Department of Housing and Urban Development and the requirements of the Federal Mobile Home Construction and Safety Standards. Said inspection shall be performed only by a person who is certified to perform such inspections.

(B) Inspection Required for Occupancy. Until such time as the owner of a manufactured home that has been unoccupied for twelve months or longer provides proof of such inspection and until the Village Clerk approves the same, said owner shall not allow said manufactured home to be occupied by any person, and such allowance of occupancy without said inspection being provided to and approved by the Village Clerk shall constitute a violation of this Code.

(C) Definition of Owner and Occupied. Only for purposes of this section, the term “owner” shall mean that person or entity to whom the County Mobile Home taxes are being assessed. Only for purposes of this section, the term “occupied” shall mean that at least one person has lived in said manufactured home for at least one month within any twelve month period of time and that utilities were assessed and paid for at least one month within any twelve month period of time.

(Ord. No. 692, 12/8/2011

23-1-15 ABANDONED OR DANGEROUS AND UNSAFE MANUFACTURED HOMES. For all purposes of abatement of nuisances a manufactured home shall be deemed a building or structure as defined in any section of this Code relating to the abatement of nuisances, including but not limited to those nuisance provisions related to abandoned or dangerous and unsafe buildings or structures, and a manufactured home may be treated as if it were a building or structure affixed to real estate for purposes of nuisance abatement, including but not limited to the remedy of demolition. (Ord. No. 692, 12/8/2011)

MOTOR VEHICLE CODE

ARTICLE I – DEFINITIONS

24-1-1 ILLINOIS VEHICLE CODE; DEFINITIONS ADOPTED. The Illinois Vehicle Code, Illinois Compiled Statutes, Chapter 625, Chapter 1, entitled “Title and Definitions”, as passed, approved and amended by the Illinois General Assembly is hereby adopted by the Village, the provisions thereof shall be controlling within the corporate limits of the Village. (See 65 ILCS Sec. 5/1-3-2 and 5/11-1-1)

24-1-2 GENERAL DEFINITIONS.

(A) “Court House Square” means that part of Broadway Street which lies between the east side of Main Street and the west side of Church Street; that part of Main Street which lies between the south side of Broadway Street and the north side of Chestnut Street; that part of Chestnust Street which lies between the east side of Main Street and the west side of Church Street; and that part of Church Street which lies between the south side of Broadway Street and the north side of Chestnut Street; which surround the premises occupied as a Court House Site by Clay County. (Sec. 10.04.010) (See Schedule “B”)

(B) “Motor Vehicle” means every vehicle which is self propelled.

ARTICLE II – GENERAL REGULATIONS

24-2-1 UNAUTHORIZED SIGNS. No person shall place, maintain or display upon or in view of any street, any unauthorized sign, signal, marking, light, reflector or device which purports to be or is an imitation of or resembles an official traffic-control device or railroad sign or signal, or which attempts to direct the movement of traffic, nor shall any person or place, maintain or display upon or in view of any street, any other sign which hides from view or interferes with the movement of traffic or effectiveness of any traffic-control device or any railroad sign or signal, and no person shall place or maintain, nor shall any public authority permit upon any highway, any traffic sign or signal bearing thereon any commercial advertising. No tree, bush or foliage of any kind shall be so placed, maintained, allowed to remain, or be displayed upon either public or private property in such a manner as to hide from view or interfere with the movement of traffic or the effectiveness of any traffic-control device, sign or signal.

24-2-2 INTERFERENCE WITH SIGNS OR SIGNALS. It shall be unlawful for any person to deface, injure, move or interfere with any official traffic sign or signal.

24-2-3 ADVERTISING SIGNS. It shall be unlawful to maintain anywhere in the Village any sign, signal, marking or device other than a traffic sign or signal authorized by the Village Board or the Illinois Department of Transportation, which purports to be or is an imitation of or resembles an official traffic-control device or railroad sign or signal in view of any street or highway, and it shall be unlawful to place or maintain any sign which hides from view any lawful traffic-control device. It shall be unlawful to maintain or operate any flashing or rotating beacon of light in view of any street or highway.

24-2-4 ANIMALS OR BICYCLES. Any person riding a bicycle or an animal or driving any animal drawing a vehicle upon any street shall be subject to the provisions of this Code applicable to the driver of a vehicle, except those provisions which can have no application to one riding a bicycle or driving or riding an animal. (See 625 ILCS Sec. 5/11-206)

ARTICLE III – STOP AND THROUGH STREETS

24-3-1 THROUGH STREETS. The streets and parts of streets of the Village designated by ordinance as “through streets” are hereby declared to be through streets. The driver of a vehicle shall stop at the entrance to a through street and shall yield the right-of-way to other vehicles which have entered the intersection or which are approaching so close on a through street as to constitute an immediate hazard unless directed otherwise by the traffic officer. Also certain through streets may be designated from time to time as truck routes, with varying load limits. See Schedule “A” for applicable through and stop streets and truck routes.

(Ord. No. 552, 11-10-2004)

24-3-2 ONE-WAY STREETS OR ALLEYS. It shall be unlawful to operate any vehicle on any streets or alleys designated as one-way streets or alleys by ordinance in any direction other than that so designated. See Schedule “B” for the designated one-way streets and alleys. (See 625 ILCS Sec. 5/11-208)

24-3-3 STOP STREETS. The driver of a vehicle shall stop in obedience to a stop sign at an intersection where a stop sign is erected pursuant to ordinance at one or more entrances thereto and shall proceed cautiously, yielding to the vehicles not so obliged to stop which are within the intersection or approaching so close as to constitute an immediate hazard, unless traffic at such intersection is controlled by a police officer on duty, in which event, the directions of the police officer shall be complied with. See Schedule “A” for designated stop intersections. (See 625 ILCS Sec. 5/11-302)

24-3-4 YIELD RIGHT-OF-WAY STREETS. The driver of a vehicle approaching a yield sign, in obedience to such sign, shall slow down to a speed reasonable for the existing conditions and if required for safety to stop, shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection or if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway. After slowing or stopping, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time such driver is moving across or within the intersection. (See Schedule “C”)

24-3-5 POSTING SIGNS. Appropriate signs shall be posted to show all through, stop and yield right-of-way streets, all one-way streets and alleys and all stop intersections. (See 625 ILCS Sec. 5/11-304)

ARTICLE IV – DRIVING RULES

24-4-1 DRIVING RULES.

(A) Unlawful Possession of Highway Sign or Marker. Traffic control signals, signs or markers owned by the Village shall be possessed only by the Village’s employees, police officers, contractors, or their employees engaged in highway construction, contract or work upon the roadways or public ways approved by the Village. No person shall possess a traffic control signal, sign or marker owned by the Village except as provided in this paragraph without the prior written authority of the Village. It shall be a violation of this Chapter for a person to possess such a traffic control signal, sign or marker without lawful authority. (See 625 ILCS Sec. 5/11-313)

(B) General Speed Restrictions. The speed limits on the various streets shall be approved by the Village Board, but shall not exceed twenty miles per hour (20 MPH) in a school zone and not to exceed twenty-five miles per hour (25 MPH) on a residential street; otherwise, thirty miles per hour (30 MPH) on an arterial street unless otherwise posted. (See Schedule “D”) (See 625 ILCS Sec. 5/11-604) (See 65 ILCS Sec. 5/11-40-1)

(C) Special Speed Limit While Passing Schools. No person shall drive a motor vehicle at a speed in excess of twenty miles per hour (20 MPH) while passing a school zone or while traveling upon any public thoroughfare on or across which children pass going to and from school during school days when school children are present.

This section shall not be applicable unless appropriate signs are posted upon streets and maintained by the Village or State wherein the school zone is located. (See 625 ILCS Sec. 5/11-605)

(D) Failure to Reduce Speed. A vehicle shall be driven upon the streets and alleys of this Village at a speed which is reasonable and proper with regard to traffic conditions and the use of the street or alley. The fact that the vehicle does not exceed the applicable maximum speed limit does not relieve the driver of the duty to decrease speed when approaching and crossing an intersection or when special hazard exists with respect to pedestrian or other traffic or by reason of weather or highway conditions. Speed must be decreased as may be necessary to avoid colliding with any person or vehicle on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.

24-4-2 TRANSPORTING LIQUOR IN VEHICLES. No person shall transport, carry, possess or have any alcoholic liquor within the passenger area of any motor vehicle in this Village except in the original container and with the seal unbroken. (See 625 ILCS Sec. 5/11-502)

24-4-3 SOUND AMPLIFICATION SYSTEM. No driver of any motor vehicle within this State shall operate or permit operation of any sound amplification system which can be heard outside the vehicle from seventy-five (75) feet or more when the vehicle is being operated upon a highway, unless such system is being operated to request assistance or warn of a hazardous situation. (See 65 ILCS Sec. 5/12-611)

ARTICLE V – PARKING RULES

24-5-1 TIME LIMIT PARKING. It shall be unlawful to park any vehicle for a period of time in excess of the amount of time designated by law and so posted.

24-5-2 PARKING FOR SALE OR REPAIR. No person shall park a vehicle upon any street for the purpose of:

(A) displaying such vehicle for sale; or

(B) washing, greasing or repairing such vehicle, except when emergency repairs are necessary.

24-5-3 PRIVATE PROPERTY. It shall be unlawful to park any motor vehicle on any private property without the consent of the owner of the property.

24-5-4 STOPPING, STANDING OR PARKING PROHIBITED IN SPECIFIED PLACES.

(A) Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic-control devices, no person shall:

(1) Stop, Stand or Park a Vehicle:

(a) On the roadway side of any vehicle stopped or parked at the edge or curb of a street.

(b) On a sidewalk.

(c) Within an intersection.

(d) On a crosswalk.

(e) Between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings.

(f) Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic.

(g) Upon any bridge or other elevated structure upon a highway or within a highway tunnel.

(h) On any railroad tracks.

(i) At any place where official signs prohibit stopping.

(j) On any controlled-access highway.

(k) In the area between roadways of a divided highway, including crossovers.

(l) In any alley that is open and maintained.

(2) Stand or Park a Vehicle (whether occupied or not, except momentarily to pick up or discharge passengers):

(a) In front of a public or private driveway.

(b) Within fifteen (15) feet of a fire hydrant.

(c) Within twenty (20) feet of a crosswalk at an intersection.

(d) Within thirty (30) feet upon the approach to any flashing signal, stop sign, yield sign or traffic-control signal located at the side of the roadway.

(e) Within twenty (20) feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five (75) feet of such entrance (when properly sign-posted).

(f) At any place where official signs prohibit standing or parking.

(3) Parking a Vehicle (whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading property or passengers):

(a) within fifty (50) feet of the nearest rail of a railroad crossing;

(b) at any place where official signs prohibit parking;

(c) in yellow zones.

(B) No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such distance as is unlawful.

(C) Schedules “E”, “F” and “G” shall list all applicable no-parking zones.

24-5-5 PARKING ON COURT HOUSE SQUARE.

(A) All vehicles parking on the Court House Square shall be parked with the front of such vehicle headed toward the curb against which it is parked, and also parked within the lines or markings painted on the curb or street designating parking spaces.

(B) No vehicle shall be parked upon the Court House Square at or in any place other than as indicated by the lines or markings painted on the curbs or streets designating parking spaces. (Ord. No. 203; 1949)

(C) It is unlawful to park any truck upon the Court House Square with a wheel base greater than one hundred twenty (120) inches.

(D) It is unlawful to park any vehicle upon the Court House Square with a wheel base greater than one hundred thirty (130) inches. (Ord. No. 203; 1949)

24-5-6 PARALLEL PARKING.

(A) It is unlawful to park any motor vehicle on the southeasterly side of Chestnut Street, between Church and Main Streets except in a parallel position with the front of such vehicle headed in a southeasterly direction and along the southeasterly curb thereof, and within markings designated for that purpose. (Ord. No. 219A; 1956)

(B) Motor vehicles parking in front of the Clay County Housing apartments along South Church Street from Nos. 1004 through 1008 inclusive shall park parallel to the curb, gutter or sidewalk on that side of the street which is to the right of the direction in which the vehicle has been traveling and as nearly to the edge of the street as possible. (Ord. No. 426)

24-5-7 PARKING FOR THE HANDICAPPED.

(A) Designated Parking. Certain parking spaces within the confines of the Village shall be designated for use by handicapped persons’ vehicles only and will be posted with appropriate signs to that effect.

(B) Use of Designated Handicapped Parking. The use of designated handicapped parking locations, duly posted and signed shall to that effect, be open to any vehicle which bears the appropriate handicapped Illinois Registration Plate issued by the Secretary of State for the State of Illinois, or a valid handicapped parking permit issued by another governmental agency or which bears a handicapped card furnished in accordance with Illinois Compiled Statutes, Chapter 625; Section 5/11-1301.1, et. seq. furnished by the Village.

(C) Application for Illinois Handicapped Registration Plate. The issuance of an Illinois Handicapped Motor Vehicle Registration Plate shall be made with the Secretary of State of the State of Illinois at any facility provided and approved for that purpose by the Secretary of State. (See 625 ILCS Sec. 5/11-1301.2)

(D) Penalty. Any vehicle parked in violation of this Article in a posted designated handicapped space which does not bear an Illinois Handicapped Registration Plate, or a valid handicapped parking permit issued by another governmental agency or a Village Handicapped Registration Card will be ticketed and the vehicle will be removed in accordance with departmental policies and in accordance with Section 5/11-1302, Chapter 625 of the Illinois Compiled Statutes. The registered owner of the vehicle as ascertained by the registration plates of the vehicle will be presumed to be in control of the vehicle and will be fined One Hundred and Twenty Dollars ($120.00). The same registered owner will be held liable for the cost of the removal of the vehicle and must pay that cost, plus storage charges, if any, prior to the release of the vehicle. (Ord. #670; 1/13/2011)

.

(E) Handicapped Parking Areas. Those places designated as “Handicapped Parking Spaces” are listed in Schedule “H”.

24-5-8 LOAD LIMITS.

(A) Established. There is hereby established “gross load limits” on certain Village streets. The term “gross load limit” shall mean the total weight of a vehicle and the load it is carrying. The specified streets and the load limits are hereby listed in Schedule “J”.

(B) Restrictions. It shall be unlawful to operate a vehicle upon any street where the operation is prohibited by this Section and where such signs of prohibition are posted, except that a vehicle may be driven on such street for not more than the minimum distance necessary for the purpose of making deliveries or picking up loads.

(C) Exceptions. This Chapter shall not include pickup trucks, trucks operated by the Village maintenance and repairs on the street or the operation of a vehicle owned by the U.S. government or State of Illinois while on lawful business of these agencies.

24-5-9 LOADING OR UNLOADING OF MERCHANDISE. Any vehicle which may be stopped or be left standing, attended or unattended, in any alley of this Village for the loading or unloading from such vehicle any merchandise shall not be construed a violation of this Chapter. But no vehicle shall be left standing in such manner for a longer period than is reasonably necessary for such loading or unloading operations. (Ord. No. 203; 1949)

24-5-10 TRUCK LOADING OR UNLOADING RESTRICTIONS. It is unlawful to load or unload any truck on the Court House Square unless the business house or establishment into which the contents or merchandise is being carried to or carried away from, has no other available street, alley, or private way entrance for the loading or unloading of such merchandise, other than the Court House Square entrance. This Section shall not, however, be construed to make it lawful for any truck or vehicle to be stopped or left standing for the purpose of loading or unloading in the main line of travel on the Court House Square when convenient to stop or to leave standing such truck or vehicle for the purpose of such loading or unloading out of the main line of travel. (Ord. No. 203; 2949)

24-5-11 TOWING CARS AWAY. The Police Department and all members thereof assigned to traffic duty are hereby authorized to remove and tow away, or have removed and towed away by commercial towing service, any car, boat, trailer, or other vehicle illegally parked in any place where such parked vehicle creates or constitutes a traffic hazard, blocks the use of a fire hydrant or obstructs or may obstruct the movement of any emergency vehicle; or any vehicle which has been parked in any public street or other public place for a period of twenty-four (24) hours.

Vehicles towed away shall be stored on any Village property or in a public garage or parking lot and shall be restored to the owner or operator thereof after payment of the expense incurred by the Village in removing and storing such vehicle(s).

24-5-12 PARKING VIOLATIONS. Any person accused of a violation of an ordinance prohibiting parking a vehicle in a designated area or restricting the length of time a vehicle may be there parked, may settle and compromise the claim against him or her for such illegal parking by paying to the Village Ten Dollars ($10.00) for each such offense and Fifteen Dollars ($15.00) for the second offense within six (6) months. Such payment may be made at the Village Hall and a receipt shall be issued for all money so received and such money shall be promptly turned over to the Treasurer to be credited to the General Fund. The members of the Police Department are hereby authorized to refrain from instituting a prosecution for the alleged offense involved for at least five (5) days.

Provided, this Section shall not apply to persons parking a vehicle so as to obstruct the entrance or exit of any place where Police and Fire Department apparatus or other emergency equipment is kept or housed or so as to block an emergency entrance in a hospital. Nor shall this Section apply to any person charged with parking a vehicle so as to entirely obstruct traffic in any street or alley or parking in such a way as to reduce traffic on an arterial street to one-way traffic only; nor to any person who refuses to remove a vehicle illegally parked at the request of any member of the Police Department.

(A) Removal – Time Limit. Any vehicle illegally parked for a period in excess of twenty-four (24) hours may be removed by a towing service authorized by the Police Department of the Municipality. In any emergency, any vehicle may be removed by any means when authorized by the Police Department of the Municipality.

(B) Village Parking Lots. No person shall park a motor vehicle on a Village parking lot unattended for more than five (5) consecutive days.

(C) Parking Violation Ticket. The parking violation ticket shall be as follows:

24-5-13 PRIMA FACIE PROOF. The fact that a vehicle which is illegally parked or operated is registered in the name of a person shall be considered prima facie proof that such person was in control of the vehicle at the time of such violation.

24-5-14 SNOW ROUTES. It shall be unlawful to park a vehicle on the following designated streets at any time within eighteen (18) hours after a snowfall of three (3) inches or more, unless the street has been cleared of snow.

24-5-15 PARKING TICKETS – STATE STATUTE. The Village Board intends to utilize Illinois Compiled Statutes, Chapter 625; Section 5/6-306.5 and the procedure set forth therein.

The appropriate authorities are hereby authorized to utilize the statute and the procedure set forth therein.

24-5-16 NO-MECHANIZED-VEHICLES-ALLOWED ZONE.

(A) Mechanized Vehicles Prohibited. The Villages Hiking Trail, whose location is hereinafter described in Chapter 24 Schedule G, shall be and is hereby designated as a No-Mechanized-Vehicle-Allowed Zone, and it shall be unlawful to operate, let stand, or park, at any and all times, any automobile, truck, wagon, buggy, cart or any other motor propelled or animal-drawn vehicle on said Hiking Trail without prior permission from Village authorized personnel, except that Village personnel may operate such vehicles upon said Hiking Trail when required for repair, maintenance, and other authorized operations of the Village.

(B) Penalty. Any person or entity who violates any provision of this Section shall be guilty of a Petty offense and shall be fined not less than One Hundred Twenty Dollars ($120.00) nor more than Seven Hundred Fifty Dollars ($750.00) for each offense committed. A separate offense shall be deemed committed upon each occurrence and also for each subsequent day in which any such violation shall continue, subject to a separate fine. A separate notice and citation and/or summons shall not be required for each day of violation that is of a continuing nature, but rather the initial notice and citation and/or summons shall be sufficient due notice for each subsequent day of violation of a continuing nature.

(Ord. #630; 11/13/2008; also Ord. #670; 1/13/2011)

ARTICLE VI – ABANDONED VEHICLES

24-6-1 DEFINITIONS. For the purpose of this Code, the following words shall have the meanings ascribed to them as follows:

“ABANDONED VEHICLE” shall mean all motor vehicles or other vehicles in a state of disrepair, rendering the vehicle incapable of being driven in its condition; or any motor vehicle or other vehicle that has not been moved or used for seven (7) consecutive days or more and is apparently deserted.

“ANTIQUE VEHICLE” means any motor vehicle or other vehicle twenty-five (25) years of age or older.

“COMPONENT PART” means any part of a vehicle other than a tire having a manufacturer’s identification number or an identification number issued by the Secretary of State.

“DERELICT VEHICLE” means any inoperable, unregistered, or discarded motor vehicle, regardless of title, having lost its characteristic as a substantial property and left unattended without justification on the owner’s, lienholder’s or other legally entitled person’s land contrary to the public policy expressed in this Code.

“HIGHWAY” means any street, alley or public way within this municipality.

“REMOVE” means to remove, deface, cover, or destroy.

“VEHICLE” means every device in, upon or by which any person or property is or may be transported or drawn upon a street or highway, whether subject to or exempt from registration, excepting, however, bicycles, snowmobiles and devices used exclusively upon stationary rails or tracks. (See 625 ILCS Sec. 5/4-201)

24-6-2 ABANDONMENT.

(A) Highway. The abandonment of a motor vehicle or other vehicle or part thereof on any highway in this municipality is unlawful and subject to penalties as set forth herein.

(B) Private Property. The abandonment of a vehicle or any part thereof on private or public property other than a highway in view of the general public anywhere in this municipality is unlawful, except on property of the owner, or bailee of such abandoned vehicle.

(C) Owner’s Property. A vehicle or any part thereof so abandoned on private property shall be authorized for removal by the police department, after a waiting period of seven (7) days or more, or may be removed immediately if determined to be a hazardous dilapidated motor vehicle under Ch. 65 Sec. 5/11-40-3 of the Illinois Compiled Statutes. A violation of this section is subject to penalties as set forth in Section 1-1-20 of the Village Code. (See 625 ILCS Sec. 5/4-201)

24-6-3 POSSESSION OF VEHICLE BY OTHER PARTY; TOWING. Where an abandoned, lost, stolen or unclaimed motor vehicle or other vehicle comes into the temporary possession or custody of a person in this municipality who is not the owner, lienholder or other legally entitled person of the vehicle, such person shall immediately notify the Police Department when the vehicle is within the corporate limits of the municipality. Upon receipt of such notification, the Police Department or designated representative shall authorize a towing service to remove and take possession of the abandoned, lost, stolen or unclaimed motor vehicle or other vehicle. The towing service will safely keep the towed vehicle and its contents, maintain a record of the tow, as set forth in Section 24-6-5, until the vehicle is claimed by the owner, lienholder, or any other person legally entitled to possession thereof or until it is disposed of as provided in this Chapter. (See 625 ILCS Sec. 5/4-202)

24-6-4 REMOVAL OF MOTOR VEHICLES OR OTHER VEHICLES – TOWING OR HAULING AWAY.

(A) When a vehicle is abandoned or left unattended on a highway in an urban district for ten (10) hours or more, its removal by a towing service may be authorized by the Police Department.

(B) When an abandoned, unattended, wrecked, burned or partially dismantled vehicle is creating a traffic hazard because of its position in relation to the highway or its physical appearance is causing the impeding of traffic, its immediate removal from the highway or private property adjacent to the highway by a towing service may be authorized by the Police Department.

(C) When a vehicle removal from either public or private property is authorized by the Police Department, the owner, lienholder or other legally entitled person of the vehicle shall be responsible for all towing costs.

(D) The remaining provisions of Section 4-203 of Chapter 625, of the Illinois Compiled Statutes are hereby adopted by reference and the provisions thereof shall be controlling within the corporate limits of this municipality. (See 625 ILCS Sec. 5/4-203)

24-6-5 POLICE RESPONSIBILITIES. When a vehicle is authorized to be towed away as provided herein, the Police Department shall keep and maintain a record of the vehicle towed, listing by color, year of manufacture, manufacturer’s trade name, manufacturer’s series name, body style, vehicle identification number and license plate year and number displayed on the vehicle. The record shall also include the date and hour of tow, location towed from, location towed to, reason for towing and the name of the officer authorizing the tow. (See 625 ILCS Sec. 5/4-204)

24-6-6 UNKNOWN OWNER. When the Police Department does not know the identity of the registered owner, lienholder or other legally entitled person, they will cause the motor vehicle registration records of the State of Illinois to be searched by a directed communication to the Secretary of State for the purpose of obtaining the required ownership information.

The Police Department authorizing the impoundment shall cause the stolen motor vehicle files of the Illinois State Police to be searched by a directed communication to the Illinois State Police for stolen or wanted information of the vehicle. The information determined from these record searches shall be used by the Police Department in sending notification by certified mail to the owner, lienholder or legally entitled person advising where the vehicle is held, requesting a disposition to be made and setting forth public sale information. (See 625 ILCS Sec. 5/4-205)

24-6-7 IDENTIFYING AND TRACING VEHICLE. When the registered owner, lienholder, or other person legally entitled to the possession of a motor vehicle or other vehicle cannot be identified from the registration files of this State or from the registration files of a foreign state, if applicable, the Police Department shall notify the Illinois State Police for the purpose of identifying the vehicle’s owner, lienholder, or other person legally entitled to the possession of the vehicle. The information obtained by the Illinois State Police shall be immediately forwarded to the Police Department having custody of the vehicle for notification purposes as set forth in Section 24-6-6 of this Chapter. (See 625 ILCS Sec. 5/4-206)

24-6-8 RECLAIMED VEHICLES – EXPENSES. Any time before a motor vehicle or other vehicle is sold at public sale or disposed of as provided in Section 24-6-9, the owner, lienholder, or other person legally entitled to its possession may reclaim the vehicle by presenting to the Police Department proof of ownership or proof of the right to possession of the vehicle. No vehicle shall be released to the owner, lienholder, or other legally entitled person under this section until all towing and storage charges have been paid. (See 625 ILCS Sec. 5/4-207)

24-6-9 DISPOSAL OF UNCLAIMED VEHICLE. Whenever an abandoned, lost, stolen, or unclaimed motor vehicle or other vehicle seven (7) years of age or newer remains unclaimed by the registered owner, lienholder, or other person legally entitled to its possession for a period of thirty (30) days after notice has been given as provided herein, the Police Department having possession of the vehicle shall cause it to be sold at public auction to a person licensed as an automatic parts recycler, rebuilder or scrap processor under Article 5 of Chapter 625, of the Illinois Compiled Statutes. Notice of the time and place of the sale shall be posted in a conspicuous place for at least ten (10) days prior to the sale on the premises where the vehicle has been impounded. At least ten (10) days prior to the sale, the Police Department shall cause a notice of the time and place to be sent by certified mail to the registered owner, lienholder, or other person known by the Police Department or towing service to be legally entitled to the possession of the vehicle. Such notice shall contain a complete description of the vehicle to be sold and what steps must be taken by any legally entitled person to reclaim the vehicle.

In those instances where the certified notification specified herein has been returned by the postal authorities to the Police Department due to the addressee having moved or being unknown at the address obtained from the registration records of this State, the sending of a second certified notice shall not be required.

24-6-10 DISPOSAL OF UNCLAIMED VEHICLES WITHOUT NOTICE.

(A) New Car. When the identity of the registered owner, lienholder, or other person legally entitled to the possession of an abandoned, lost, or unclaimed vehicle of seven (7) years of age or newer cannot be determined by any means provided for in this Chapter, the vehicle may be sold as provided for in Section 24-6-9 of this Code without notice to any person whose identity cannot be determined.

(B) Old Car. When an abandoned vehicle of more than seven (7) years of age is impounded as specified by this Code, it shall be kept in custody for a minimum of ten (10) days for the purpose of determining the identity of the registered owner and lienholder and contacting the registered owner and lienholder by the U.S. Mail, public service or in person for a determination of disposition; and an examination of the Illinois State Police stolen motor vehicle files for theft and wanted information. (At the expiration of the ten (10) day period without the benefit of disposition information being received from the registered owner, lienholder or other legally entitled person, the Chief of Police shall authorize the disposal of the vehicle as junk.)

(C) Antique Vehicle. A vehicle classified as an antique vehicle may, however, be sold to a person desiring to restore it. (See 625 ILCS Sec. 5/4-209)

24-6-11 POLICE RECORD FOR DISPOSED VEHICLE. When a motor vehicle or other vehicle in the custody of the Police Department is reclaimed by the registered owner, lienholder, or other legally entitled person or when the vehicle is sold at public sale or otherwise disposed of as provided in this Chapter, a report of the transaction shall be maintained by the Police Department for a period of one (1) year from the date of the sale or disposal. (See 625 ILCS Sec. 5/4-210)

24-6-12 PUBLIC SALE PROCEEDS. When a vehicle located within the corporate limits of this municipality is authorized to be towed away by the Police Department and disposed of as set forth in this Code, the proceeds of the public sale or disposition, after the deduction of towing, storage and processing charges, shall be deposited in the municipal treasury. (See 625 ILCS Sec. 5/4-211)

24-6-13 LIABILITY. A law enforcement officer or agency, towing service owner, operator or employee shall not be held to answer or be liable for damages in any action brought by the registered owner, former registered owner or his legal representative, lienholder, or any other person legally entitled to the possession of a vehicle when the vehicle was processed and sold or disposed of as provided by this Code. (See 625 ILCS Sec. 5/4-213)

24-6-14 PENALTY.

(A) Any person who violates or aids and abets in the violation of this Article, upon conviction, shall be fined not less than One Hundred Twenty Dollars ($120.00) nor more than Seven Hundred Fifty Dollars ($750.00), and

(B) shall be required by the Court to make a disposition on the abandoned or unclaimed vehicle and pay all towing and storage charges pursuant to this Article. (See 625 ILCS Sec. 5/4-214)

(Ord. #670; 1/13/2011)

CITATION FORM

NO. _________________________________________________________________________

DATE _________________________________ TIME ______________________________

LICENSE NO. __________________________ STATE _____________________________

LICENSE EXPIRES ______________________ MAKE OF VEHICLE ________________

METER NUMBER _______________________ OFFICER __________________________

YOU ARE CHARGED WITH THE VIOLATION MARKED BELOW:

1. Overparked, Two Hour Zone $10.00 [ ]

2. Double Parked $10.00 [ ]

3. Parked at Fire Plug $10.00 [ ]

4. Blocking Driveway or Alley $10.00 [ ]

5. Parked Where Official Signs Erected $10.00 [ ]

6. Improper Parking $10.00 [ ]

7. Yellow Line $10.00 [ ]

8. Each Additional Hour Violation $10.00 [ ]

9. Parking on Sidewalk $10.00 [ ]

NAME _______________________________________________________________________

ADDRESS ___________________________________________________________________

VILLAGE STATE ZIP CODE

You may settle and compromise a claim for illegal parking by paying the sum set forth above for the first particular violation and the same sum shall apply for the same particular offense for the second and each subsequent violation within 5 days after the time set out above. If not paid within this time limit, an Enforcement Warrant will be issued and an assessment of not less than $15.00 will be collected.

FOR YOUR CONVENIENCE

After detaching your Ticket Stub, place the fine in the envelope and deposit at Village Hall.

SCHEDULE “A”

STOP INTERSECTIONS

In accordance with the provisions of Section 24-3-1 and 24-3-3 of this Chapter, the following streets are hereby designated as stop intersections, to-wit:

I. ONE-WAY AND TWO-WAY STOPS.

THROUGH STREETS STOP STREETS – DIRECTION

Broadway St. Main St. (Northwest Bd.) (#203)

Chestnut St. Main St. (Northwest Bd.) (#219)

Church St. Broadway St. (Northeast Bd.) (#203)

Erwin St. Lynn St. (Northwest Bd.) (#436)

Magnolia St. Park St. (Northwest Bd.) (#436)

Main St. Chestnut St. (Southeast Bd.) (#203)

II. FOUR-WAY STOP INTERSECTIONS.

Lynn St. and Vine St. (#425)

III. TRUCK ROUTES.

That portion of Chestnut Street in the Village of Louisville, beginning at the intersection of Church Street and Chestnut Street, and extending west to the intersection of Chestnut Street and U.S. Route 45, is designated as a Class III Truck Route with a 80,000 pound load limit.

SCHEDULE “B”

ONE-WAY STREETS

In accordance with the provision of Section 24-3-2, the following are hereby designated as one-way streets, to-wit:

STREET – DIRECTION LOCATION

Broadway St. (Northeast) From Church St. to Main St.

Church St. (Southeast) From Chestnut St. to Broadway St.

Main St. (Northwest) From Broadway St. to Chestnut St.

(Ord. Nos. 219A; 213; 203)

SCHEDULE “C”

YIELD INTERSECTIONS

In accordance with the provision of Section 24-3-4, the following streets are hereby designated as yield right-of-way intersections, to-wit:

THROUGH STREETS YIELD STREETS

Erwin St. Lynn St. (Northwest)

Magnolia St. Park St. (Northwest Bd.)

SCHEDULE “D”

SPEED ZONES

In accordance with the provisions of Section 24-4-2(F), the following streets are hereby designated as speed zones, to-wit:

STREET – LIMIT LOCATION

Public Park (10 MPH) All Streets (#197)

Broadway St. (20 MPH) Between Church St. and Main St. (#219A)

Chestnut St. (20 MPH) Between Main St. and Church St. (#219A)

Church St. (20 MPH) Between Chestnut St. and Broadway St.

Main St. (20 MPH) Between Broadway St. and Chestnut St. (#219A)

SCHEDULE “E”

NO PARKING ZONES

In accordance with the provisions of Section 24-6-4(C), the following streets are hereby designated as no parking zones, to-wit:

STREET – SIDE LOCATION

Chestnut St. (Both) From Main St. west 31 feet (#346)

Chestnut St. (Northeast) From Church St. west 15 feet (#346)

Chestnut St. (Southwest) From Church St. east 15 feet (#346)

U.S. Route 45 (Both) Entire Highway (#449)

SCHEDULE “F”

LIMITED PARKING ZONES

In accordance with the provisions of Section 24-6-4(C), the following streets are hereby designated as no parking zones, to-wit:

STREET – SIDE LOCATION

It is declared to be unlawful for any person to park an automobile, truck, wagon, buggy, cart or any other motor propelled or horse-drawn vehicle, or to stop the same for a longer period than twenty minutes at any one time, in the alley at rear of lots fronting on Church Street, between Main and Chestnut Streets, in the Village.

SCHEDULE G

VILLAGE HIKING TRAIL LEGAL DESCRIPTION

FOR NO-MECHANIZED-VEHICLE-ALLOWED ZONE

(12.22 acres – Parcel ID # 06-26-100-015 in Clay County, Illinois

– formerly and commonly known as part of the old B & O Springfield to

Boody Branch railroad right-of-way property located south of the village)

In accordance with the provisions of Section 24-5–16, the following area is hereby designated as a No Mechanized Vehicle Zone, to-wit:

LEGAL DESCRIPTION: All of a strip of land, 100 feet in width, all of the former Prairie Trunk Railway corridor of land situated upon and through Section 26, Township 4 North, Range 6 East of the Third Principal Meridian, Clay County, Illinois, and containing 12. 4 acres, more or less (said strip of land also commonly known as the old B & O Springfield to Boody Branch railroad right-of-way property as more particularly described in a deed dated March 31, 1983, recorded on October 7, 1983 in the Office of the Recorder of Clay County, Illinois, as Document No. 67,565, from the Baltimore and Ohio Railroad Company to Prairie Trunk Railway);

LESS and EXCEPT all that part of a tract of land conveyed to Goodman Steel, Inc., as contained and described in a Warranty Deed dated January 13, 1994 and recorded January 13, 1994, as Document No. 107,000, in the Office of the Recorder of Clay County, Illinois, and being more particularly described as follows: Part of the Southwest Quarter of Section 26, Township 4 North, Range 6 East of the Third Principal Meridian of Clay County, Illinois, more particularly described as follows: Beginning at a point being the Northeast Corner of a certain tract of land conveyed to Goodman Steel, Inc., an Illinois corporation, in a Warranty Deed dated December 9, 1992 and recorded December 10, 1992 in the Office of the Recorder of Clay County, Illinois as Document No. 103,089; thence East a distance of 25 feet to a point; thence South 300 feet along a line parallel to the West line of the Old Baltimore & Ohio Railroad right-of-way to a point; thence West 25 feet to a point being on the West line of the Old Baltimore & Ohio Railroad right-of-way; thence North along the Old Baltimore & Ohio Railroad right-of-way a distance of 300 feet to a point, being the point of beginning, said excepted tract containing .18 acres, more or less.

Said real estate parcel being described herein this ordinance being denoted as PIN# 06-26-100-015 and containing a net acreage, after subtracting said exception, a net total of 12.22 acres, more or less, and all located in the County of Clay, State of Illinois.

(Ord #630; 11/13/2008)

SCHEDULE “A”

STOP INTERSECTIONS

In accordance with the provisions of Section 24-3-1 and 24-3-3 of this Chapter, the following streets are hereby designated as stop intersections, to-wit:

I. ONE-WAY AND TWO-WAY STOPS.

THROUGH STREETS STOP STREETS – DIRECTION

Broadway St. Main St. (Northwest Bd.) (#203)

Chestnut St. Main St. (Northwest Bd.) (#219)

Church St. Broadway St. (Northeast Bd.) (#203)

Erwin St. Lynn St. (Northwest Bd.) (#436)

Magnolia St. Park St. (Northwest Bd.) (#436)

Main St. Chestnut St. (Southeast Bd.) (#203)

II. FOUR-WAY STOP INTERSECTIONS.

Lynn St. and Vine St. (#425)

SCHEDULE “B”

ONE-WAY STREETS

In accordance with the provision of Section 24-3-2, the following are hereby designated as one-way streets, to-wit:

STREET – DIRECTION LOCATION

Broadway St. (Northeast) From Church St. to Main St.

Church St. (Southeast) From Chestnut St. to Broadway St.

Main St. (Northwest) From Broadway St. to Chestnut St.

(Ord. Nos. 219A; 213; 203)

SCHEDULE “C”

YIELD INTERSECTIONS

In accordance with the provision of Section 24-3-4, the following streets are hereby designated as yield right-of-way intersections, to-wit:

THROUGH STREETS YIELD STREETS

Erwin St. Lynn St. (Northwest)

Magnolia St. Park St. (Northwest Bd.)

SCHEDULE “D”

SPEED ZONES

In accordance with the provisions of Section 24-4-2(F), the following streets are hereby designated as speed zones, to-wit:

STREET – LIMIT LOCATION

Public Park (10 MPH) All Streets (#197)

Broadway St. (20 MPH) Between Church St. and Main St. (#219A)

Chestnut St. (20 MPH) Between Main St. and Church St. (#219A)

Church St. (20 MPH) Between Chestnut St. and Broadway St.

Main St. (20 MPH) Between Broadway St. and Chestnut St. (#219A)

SCHEDULE “E”

NO PARKING ZONES

In accordance with the provisions of Section 24-6-4(C), the following streets are hereby designated as no parking zones, to-wit:

STREET – SIDE LOCATION

Chestnut St. (Both) From Main St. west 31 feet (#346)

Chestnut St. (Northeast) From Church St. west 15 feet (#346)

Chestnut St. (Southwest) From Church St. east 15 feet (#346)

U.S. Route 45 (Both) Entire Highway (#449)

SCHEDULE “F”

LIMITED PARKING ZONES

In accordance with the provisions of Section 24-6-4(C), the following streets are hereby designated as no parking zones, to-wit:

STREET – SIDE LOCATION

It is declared to be unlawful for any person to park an automobile, truck, wagon, buggy, cart or any other motor propelled or horse-drawn vehicle, or to stop the same for a longer period than twenty minutes at any one time, in the alley at rear of lots fronting on Church Street, between Main and Chestnut Streets, in the Village.

CHAPTER 25

NUISANCES

(NOTE: ALL NUISANCES MAY BE REMEDIED BOTH AS SPECIFIED HEREIN THIS CHAPTER AND ALSO BY ANY MEANS PROVIDED FOR BY DIVISION IV OF ARTICLE I OF CHAPTER 1)

ARTICLE I – GENERALLY

25-1-1 SPECIFIC NUISANCES ENUMERATED. It is hereby declared to be a nuisance and to be against the health, peace and comfort of the Village, for any person, firm or corporation within the limits of the Village to permit the following; but the enumeration of the following nuisances shall not be deemed to be exclusive:

(A) Filth. To cause or suffer the carcass of any animal or any offal, filth or noisome substance to be collected, deposited or to remain in any place, to the prejudice of others.

(B) Deposit of Offensive Materials. To throw or deposit any offal or other offensive matter, or the carcass of any dead animal in any water course, lake, pond, spring, well or common sewer, street or public highway.

(C) Corruption of Water. To corrupt or render unwholesome, or impure, the water of any spring, river, stream, pond or lake, well, public or private, to the injury or prejudice of others.

(D) Highway Encroachment. To obstruct or encroach upon public highways, private ways, streets, alleys, commons, landing places, and ways to burying places.

(E) Manufacturing Gunpowder. To carry on the business of manufacturing gunpowder, nitroglycerine, or other highly explosive substances, or mixing or grinding the materials therefore, in any building within three hundred (300) feet of any valuable building erected at the time such business may be commenced.

(F) Powder Magazines. To establish powder magazines near incorporated towns, at a point different from that appointed according to law by the corporate authorities of the town, or within eight hundred (800) feet of any occupied dwelling house.

(G) Noxious Odors. To erect, continue or use any building or other place for the exercise of any trade, employment or manufacture, which, by occasioning noxious exhalations, offensive smells or otherwise, is offensive or dangerous to the health of individuals, or of the public.

(H) Unlawful Advertising. To advertise wares or occupations by painting notices of the same on, or affixing them to fences or other private property, or on rocks or other natural objects without the consent of the owner, or if in the highway or other public place, without permission of the proper authorities.

(I) Wells Unplugged. To permit any well drilled for oil, gas, salt water disposal or any other purpose in connection with the production of oil and gas, to remain unplugged after such well is no longer used for the purpose for which it was drilled.

(J) Burn-Out Pits. To construct or operate any salt water pit or oil field refuse pit, commonly called a “burn-out pit” so that salt water, brine or oil field refuse or other waste liquids may escape therefrom in any manner except by the evaporation of such salt water or brine or by the burning of such oil field waste or refuse.

(K) Discarded Materials. To permit concrete bases, discarded machinery and materials to remain around any oil or gas well or to fail to fill any holes, cellars, slush pits and other excavations made in connection with any such well or to restore the surface of the lands surrounding any such well to its condition before the drilling of any such well, upon abandonment of any such oil or gas well.

(L) Underground Wells. To permit any salt water, oil, gas or other wastes from any well drilled for oil, gas or exploratory purposes to escape to the surface, or into a mine or coal seam, or into any underground fresh water supply or from one underground stratum to another.

(M) Harassment. To harass, intimidate or threaten any person who is about to sell or lease or has sold or leased a residence or other real property, or is about to buy or lease, or has bought or leased a residence or other real property, when the harassment, intimidation, or threat relates to a person’s attempt to sell, buy or lease a residence, or other real property, or refers to a person’s sale, purchase or lease of a residence or other real property.

(N) Business. To establish, maintain, and carry on any offensive or unwholesome business or establishment within the limits of the Village or within one and one-half (1 ½) miles of the Village limits.

(O) Filthy Premise Conditions. To keep or suffer to be kept any chicken coop, cow barn, stable, cellar, vault, drain, privy, sewer or sink upon any premises belonging to or occupied by any person, or any railroad car, building, yard, grounds, and premises belonging to or occupied by any person.

(P) Expectorate. To expectorate on any public sidewalk or street, or other public building or floor or walk of any public vehicle or hall.

(Q) Litter on Streets. It shall be unlawful for any person to deposit or allow trash, paper, cardboard, wire, dirt, rock, stone, glass, brick, lumber, wood or litter of material objects of any size or description to fall upon the streets of the Village from any moving vehicle, or to be thrown from a moving vehicle, or to throw from a moving vehicle and to remain thereon.

(R) Accumulation of Junk And Trash. To deposit or pile up any rags, old rope, paper, iron, brass, copper, tin, aluminum, ashes, garbage, refuse, plastic, brush, litter, weeds, slush, lead, glass bottles or broken glass upon any lot, piece or parcel of land or upon any public or private alley, street or public way within the Village.

(S) Rodents. To cause or permit any condition or situation to exist that shall attract, harbor, or encourage the infestation of rodents.

(T) Bringing Nuisances into the Village. To bring into the Village or keep therein for sale or otherwise, either for food or for any other purpose, any dead or live animal or any matter, substance, or thing which shall be a nuisance or which shall occasion a nuisance in the Village, or which may or shall be dangerous or detrimental to health.

(U) Offensive Liquids. To keep nauseous, foul or putrid liquid or substance or any liquid or substance likely to become nauseous, foul, offensive, or putrid, nor permit any such liquid to be discharged, placed, thrown, or to flow from or out of any premise into or upon any adjacent premises or any public street or alley, nor permit the same to be done by any person connected with the premises.

(V) Dense or Offensive Smoke or Odors. To cause or permit the emission of dense smoke or noxious odors from any fire, chimney, engine, oil burner or any other agency in the Village so as to cause annoyance or discomfort to the residents thereof.

(W) Scrap Tires, Both Mounted and Dismounted. To keep any scrap tires, either mounted or dismounted, in open view, or so as to allow such tires to accumulate stagnant water so as to provide a breeding ground for mosquitoes and other pests.

(X) Motor Transport Engines. To operate motor vehicle transport engines in the nighttime between the hours of eight (8:00) o’clock P.M. and six (6:00) o’clock A.M., in any place in which a majority of the buildings, within a radius of four hundred (400) feet are used exclusively for residence purposes, excluding state and federal highways.

(Y) Accumulation of Debris. To store, dump or permit the accumulation of debris, refuse, garbage, trash, tires, buckets, cans, wheelbarrows, garbage cans or other containers in a manner that may harbor mosquitoes, flies, insects, rodents, nuisance birds or other animal pests that are offensive, injurious or dangerous to the health of individuals or the public.

(Z) Generally. To commit any act which is a nuisance according to the common law of the land or made such by statute of the State. (See 720 ILCS Secs. 5/47-5)

(AA) Abandoned buildings; dangerous and unsafe buildings.

(1) A building or structure determined by the Mayor or his designee to be abandoned shall be presumed to be and deemed a public nuisance which adversely affects surrounding property values and which is also detrimental to the public safety and welfare for reasons such as, but not limited to, being an attractive nuisance for varmints and vandalism and presenting an increased risk of fire. A building or structure shall be considered abandoned if it there has been no municipal water service supplied it within the last two years or if the property has been tax delinquent for 2 or more years, and the building or structure has either not been physically occupied by persons legally in possession or not been used in the manner for which the building was intended and designed, for at least 90 days prior to said determination. Any such building or structure is hereby presumed to be and declared a nuisance.

(2) A building or structure determined by the Mayor or his designee to be a dangerous and unsafe building as defined in Section 25-5-4 of this Municipal Code shall be presumed to be and is hereby declared a public nuisance which adversely affects surrounding property values and which is also detrimental to the public safety and welfare for reasons such as, but not limited to, being an attractive nuisance for varmints and vandalism and presenting an increased risk of fire.

(BB) Adult uses businesses.

(1) It is prohibited within the Village of Clay City, Illinois to locate, construct, or operate an adult uses business, and to so locate, construct or operate any said business is hereby declared a public nuisance. The term “adult uses business” shall include but is not limited to the following:

a. Adult arcades

b. Adult bookstores, adult novelty stores, or adult video stores

c. Adult cabarets or stripclubs

d. Adult motels

e. Adult motion picture theaters

f. Adult theaters

g. Escort agencies

h. Nude model studios

i. Sexual encounter centers

j. Tattoo or body piercing parlors (except for ear-piercing)

(2) Any business, fraternal organization, club, association, or any other entity, or any person or persons, whose principal business or activities are other than the businesses noted in items a. through j. above but which entity or person also from time to time conducts activities similar in nature to those activities noted in items a. through j. above shall be deemed an adult uses business whenever such activity occurs, thereby subjecting that entity or person to the prohibitions and penalties herein. By way of example, a bar or social club which occasionally hosts a special night of striptease entertainment would be considered an adult uses business whenever such activity occurred, thereby subjecting that bar or social club to the prohibitions and penalties herein.

(3) It is the intent of this subparagraph (BB) that it apply retroactively and that no entity or person will be “grandfathered” to be exempt from this subparagraph (BB).

(Ord. #666, 12/09/2010; amended by Ord. #696, 1/12/2012)

Nothing in this Section shall be construed to prevent the corporate authorities of this Village from declaring what shall be nuisances and abating them within the Village limits.

25-1-2 NUISANCES DETRIMENTAL TO HEALTH GENERALLY. No building, vehicle, structure, receptacle, yard, lot, premise, or part thereof shall be made, used, kept, maintained or operated in the Village if such use, keeping or maintaining shall be dangerous or detrimental to health.

25-1-3 NOTICE TO ABATE. Whenever the Mayor or his designee finds that a nuisance exists under this Article, he shall direct the Village Clerk or the Village Attorney to handdeliver or mail by regular U.S. Mail to the party responsible for the nuisance and also to the legal owner of the property on which the nuisance exists a written notice ordering that the nuisance be abated within a reasonable time. The notice to abate shall contain the following:

(A) A description of what constitutes the nuisance.

(B) The location of the nuisance.

(C) A statement of what condition or state of affairs must be achieved in order for the nuisance to be deemed abated. Demolition of an abandoned or dangerous and unsafe building may be specifically ordered under this Article.

(D) The date by which abatement must be completed.

(E) The date by which a request for a hearing to appeal the notice of abatement with the Mayor or his designated representative must be filed and a statement of the procedure for so filing. Said appeal must be filed within 5 business days after the date that the Notice is delivered. Notice mailed by regular U.S. Mail shall be deemed delivered 4 business days after the Notice is placed in the mail.

(F) A statement that a party has the right to appeal the Mayor’s decision resulting from said hearing by requesting a further appeal to the Board of Trustees. Any such appeal to the Mayor or any further appeal to the Board of Trustees shall stay enforcement proceedings against the party during the pendency of the appeals, except that emergency relief shall be available to the Village if an emergency requires immediate action.

(G) A statement indicating that if the nuisance is not abated by the date prescribed and/or if no request for a hearing with the Mayor is made within the time prescribed, the Village may abate the nuisance and assess the costs, including attorney fees, against the party responsible and the legal owner and against the property, and/or impose a fine.

25-1-4 HEARING. Any person ordered to abate a nuisance may have a hearing with the Mayor or his designated representative who ordered the abatement. A request for a hearing must be made in writing and delivered to the Village Clerk within the time stated in the notice; otherwise, it will be presumed that a nuisance exists, and that such nuisance must be abated as ordered. The hearing shall be held in a reasonable amount of time, with adequate notice to the petitioner. The hearing shall not be a formal trial-type proceeding, but appropriate procedural safeguards shall be observed to ensure fairness. After the conclusion of the hearing, the Mayor or his designated representative shall render his decision and the reasons therefor in writing within a reasonable amount of time. If he finds that a nuisance exists, he shall order it abated within an additional time which must be reasonable under the circumstances.

25-1-5 APPEAL. Any party aggrieved by the decision of the Mayor may appeal to the Board of Trustees. Such appeal shall be taken by filing with the Village Clerk within five (5) days of such decision a written statement indicating the basis for the appeal. The appeal shall be heard by the Board of Trustees at the next regular or special meeting after such filing. Their findings shall be conclusive, and if a nuisance is found to exist, it shall be ordered abated within a time reasonable under the circumstances.

25-1-6 ABATEMENT BY VILLAGE. If the person ordered to abate a nuisance fails to do so, or if the nuisance poses an emergency, the Village may perform the required action to abate. Any Village official who is authorized to abate any nuisance as defined in this Article shall have authority to engage the necessary assistance, including legal assistance, and to incur the necessary expenses therefor. The official who abates a nuisance shall keep an accurate account of the expenses incurred. The itemized expense shall be filed with the Village Clerk who shall pay such expenses on behalf of this Village. (See 65 ILCS Sec. 6/11-60-2)

25-1-7 LIEN. Charges for any expense, loss or damage incurred by the Village by reason of any violation hereof this Article or by reason of the Village’s abatement of such violation, including any attorney fees and costs that might be expended by the Village to prosecute violations of this Article or to seek enforcement of the provisions of this Article or abatement of such nuisance, shall be a lien upon the premises. A bill representing the costs, fees and expenses incurred by the Village shall be presented to the owner. If this bill is not paid within thirty (30) days of submission of the bill, a notice of lien of the costs, fees and expenses thereof incurred by the Village shall be recorded in the following manner:

(A) A description of the real estate sufficient for identification thereof.

(B) The amount of money representing the costs, fees and expense incurred by the Village in prosecuting and/or abating the nuisance.

(C) The date or dates when said costs, fees and expense were incurred by the Village, and

(D) The Notice of Lien shall be filed within one hundred and eighty (180) days after the costs, fees and expenses are incurred.

25-1-8 PAYMENT. Notice of such lien claim shall be mailed to the owner of the premises if his address is known. Upon payment of the costs, fees and expenses after notice of lien has been filed, the lien shall be released by the Village or person in whose name the lien has been filed and the release shall be filed of record in the same manner as filing notice of the lien. All lien and release filing fees shall be paid by the owner of the property.

25-1-9 FORECLOSURE OF LIEN. Property subject to a lien as aforesaid may be sold for non-payment of the same and the proceeds of such sale shall be applied to pay the costs, fees and expenses for which the lien was made, after deducting the costs of foreclosure, as is the case in the foreclosure of statutory liens. Such foreclosure shall be in the name of the Village and may be filed after the lien is in effect for sixty (60) days.

25-1-10 LIABILITY FOR CHARGES. Any persons or entities violating any of the provisions of this Article shall be jointly and severally liable to the Village for any expense, loss or damage occasioned the Village by reason of such violation or by reason of the Village’s abatement of such violation, including any attorney fees and costs that might be expended by the Village to prosecute violations of this Article or to seek enforcement of the provisions of this Article or abatement of such nuisance. The Village may initiate legal collection proceedings against any or all of those persons deemed liable regardless of whether the Village has placed a lien against the property or has foreclosed upon the lien. In the event that a lien is placed upon the property and the same is sold by way of foreclosure as aforesaid, but there still remains a deficiency balance owed after said foreclosure sale, all persons so convicted for the violation in question shall remain jointly and severally liable for that deficiency balance owed.

25-1-11 OTHER REMEDIES AND PENALTIES. See Section 1-1-20.

(See 65 ILCS Sec. 5/11-60-2 and 720 ILCS 5/47-5; 5/47-10 and 5/47-15)

(Ord. No. 661, 10-14-10)

OPTIONAL

25-1-12 RECOMMENDED NUISANCE ABATEMENT PROCEDURES.

(A) The following informal procedures of this Paragraph (A) may be but are not required to be followed in actions taken by Village officials in informally attempting to abate nuisances. The following procedures are not mandatory (unless required elsewhere in this Code), and any step may be skipped or modified as the circumstances dictate.

(1) Written complaint. Any remedial action regarding a nuisance situation shall be commenced by the completion of a “Nuisance Complaint Form” (see attached copy) signed by the complainant, whether that is a member of the general public or a village official.

(2) The Village President after consultation with the Village Clerk will verify that the conditions complained of in the Nuisance Complaint Form are an actual violation of a specific section of the Village codebook. The Village President shall then determine the actions needed and the time period allowed to correct those conditions.

(3) The Village President shall make verbal contact with the violator and send a letter as followup if warranted. At the direction of the Village President, the Village Clerk will send a letter to the violator stating the conditions complained of, that the same are in violation of Village law, and the actions needed and time period allowed to correct these conditions. The letter will indicate that failure to begin addressing the conditions complained of within five (5) working days (even though the time period granted for completing the corrections may be longer than 5 working days) may cause the Village to take further action. The letter will also provide a copy of the Codebook section which is being violated and a notice that the violator may make an informal appeal to the Village President to dispute the decision that the conditions are a public nuisance.

(4) If the violator fails to request an informal appeal or to commence corrective action within the 5 working days, the Village President shall send a certified letter to the violator which is similar to the letter sent by the Village Clerk.

(5) If there is no response, the Village Attorney or State’s Attorney shall send a letter to the violator which is similar to the Village Clerk’s letter but which also indicates that legal process will commence if satisfactory corrective actions are not commenced within 5 working days.

(6) If there is no response, the Village will contact the Sheriff’s office and request that a Deputy make a visit to the violator to give a verbal warning. The Deputy shall grant 5 working days for the violator to commence and complete corrective action.

(7) If there is still no response, the Village will contact the Sheriff’s office and request that a Deputy issue a written warning, indicating that if the Deputy has to come out again, a Notice of Violation will be issued.

(Ord. No. 2010-649 03/08/10)

(8) If there is still no response, the Village will contact the Sheriff’s office and request that the Deputy issue a civil Notice of Violation to the violator, assessing a $120.00 fine to the violator, which is to be paid straight to the Noble Village Hall. If the violator pays and corrects the violation, this would then conclude the matter. If the violator does not pay and wants a “second opinion”, i.e. an appeal, about the Notice of Violation before paying the assessment , the violator must appeal in writing within 5 working days to the Village President and Village board. (Ord. No. 2011-655; 01/24/11)

(B) If any of the above informal procedures were utilized but the nuisance condition still has not been abated by the violator, or if the above informal procedures were not used due to the circumstances of the particular nuisance condition in question, the Village Clerk will check the Village codebook to determine if there are any special notifications required to be given to the violator for the violation being considered. If so, the violator will need to receive the notice required in the codebook. Additionally, the notification must comport to the requirements of Sec. 25-1-3. Also the Village must give notice of and provide the violator with any type of appeal process as may be provided in the codebook, in addition to the appeals procedures of Secs. 25-1-4 and 25-1-5. After all normal and any special notification or appeal procedures have been completed, the Village will contact the Sheriff’s office and request that a Deputy investigate, obtain witness statements, make a report, and issue an actual Municipal Ordinance Violation Citation to the violator. Once the Citation has been issued, the Village at this time will request that the State’s Attorney begin prosecution of the case.

(See 65 ILCS Act 5 Sec. 5/11-60-2)

ARTICLE II – WEEDS

25-2-1 DEFINITION. “Weeds” as used in this Code shall include, but not be limited to the following:

Burdock, Rag Weed (giant), Rag Weed (Common), Thistle, Cocklebur, Jimson, Blue Vervain, Common Milk Weed, Wild Carrot, Poison Ivy, Wild Mustard, Rough Pigweed, Lambsquarter, Wild Lettuce, Curled Dock, Smartweeds (all varieties), Poison Hemlock, Wild Hemp, Johnson Grass, grass and all other noxious weeds as defined by the statutes of the State of Illinois.

25-2-2 HEIGHT. It shall be unlawful for anyone to permit any weeds, grass, or plants, other than trees, bushes, flowers or other ornamental plants, to grow to a height exceeding eight (8) inches anywhere in the Village. Any such plants, weeds, or grass exceeding such height are hereby declared to be a nuisance.

25-2-3 NOTICE. The Police Department or any other person so designated by the Mayor may issue a written notice for removal of weeds or grass. Such weeds or grass shall be cut by the owner or occupant within five (5) days after such notice has been duly served.

25-2-4 SERVICE OF NOTICE. Service of the notice provided for herein may be effected by handing the same to the owner, occupant or lessee of the premises, or to any member of his household of the age of fifteen (15) years or older found on the premises or by mailing such notice to the last known residence address of the owner; provided, that if the premises are unoccupied and the owner’s address cannot be obtained, then the notice may be served by posting the same upon the premises.

25-2-5 ABATEMENT; COST. If the person so served does not abate the nuisance within five (5) days, the Police Chief or a designated representative may proceed to abate such nuisance, keeping an account of the expense of the abatement, and such expense shall be charged and paid by such owner or occupant. The charge for the first instance of abatement by mowing said overgrown grass and weeds shall be Fifty Dollars ($50.00) per hour for each hour spent mowing said grass and weeds plus a Fifty Dollar ($50.00) administrative fee. The charge for each instance of abatement thereafter shall be Seventy-Five Dollars ($75.00) per hour for each hour of mowing plus a One Hundred Dollar ($100.00) administrative fee. (Ord. No. 534; 07-10-03)

25-2-6 LIEN. Charges for such weed or grass removal shall be a lien upon the premises. A bill representing the cost and expense incurred or payable for the service shall be presented to the owner. If this bill is not paid within thirty (30) days of submission of the bill, a notice of lien of the cost and expenses thereof incurred by the Village shall be recorded in the following manner:

(A) A description of the real estate sufficient for identification thereof.

(B) The amount of money representing the cost and expense incurred or payable for the service.

(C) The date or dates when said cost and expense was incurred by the Village and shall be filed within sixty (60) days after the cost and expense is incurred.

25-2-7 PAYMENT. Notice of such lien claim shall be mailed to the owner of the premises if his address is known. Upon payment of the cost and expense after notice of lien has been filed, the lien shall be released by the Village or person in whose name the lien has been filed and the release shall be filed of record in the same manner as filing notice of the lien. All lien and release filing fees shall be paid by the owner of the property.

25-2-8 FORECLOSURE OF LIEN. Property subject to a lien for unpaid weed cutting charges shall be sold for non-payment of the same and the proceeds of such sale shall be applied to pay the charges after deducting costs, as is the case in the foreclosure of statutory liens. Such foreclosure shall be in the name of the Village after the lien is in effect for sixty (60) days.

(Ord. No. 498; 12-14-00 and 518; 06-13-02)

(See 65 ILCS Secs. 5/11-20-6 and 5/11-20-7)

ARTICLE III – GARBAGE AND DEBRIS

25-3-1 ACCUMULATION PROHIBITED. No person shall permit any garbage or trash to accumulate on their premises or private property. It is hereby declared to be a nuisance and it shall be unlawful for the owner or occupant of real estate to refuse or neglect to remove the garbage or debris.

25-3-2 NOTICE TO PERSON. The Chief of Police or a designated representative may issue a written notice for removal of garbage or debris. Such garbage or debris shall be removed by the owner or occupant within five (5) days after such notice has been duly served.

25-3-3 SERVICE OF NOTICE. Service of notice provided for herein may be effected by handing of the same to the owner, occupant, or lessee of the premises, or to any member of his household of the age of fifteen (15) years or older found on the premises or by mailing such notice to the last known residence address of the owner; provided that if the premises are unoccupied and the owner’s address cannot be obtained, then the notice may be served by posting the same upon the premises.

25-3-4 ABATEMENT. If the person so served does not abate the nuisance within five (5) days, the Police Chief or a designated representative may proceed to abate such nuisance, keeping an account of the expense of the abatement and such expense shall be charged and paid by such owner or occupant.

25-3-5 LIEN. Charges for such removal shall be a lien upon the premises. A bill representing the cost and expense incurred or payable for the service shall be presented to the owner. If this bill is not paid within thirty (30) days of submission of the bill, a notice of lien of the cost and expenses thereof incurred by the Village shall be recorded in the following manner:

(A) A description of the real estate sufficient for identification thereof.

(B) The amount of money representing the cost and expense incurred or payable for the service.

(C) The date or dates when said cost and expense was incurred by the Village and shall be filed within sixty (60) days after the cost and expense is incurred.

25-3-6 PAYMENT. Notice of such lien claim shall be mailed to the owner of the premises if his address is known. Upon payment of the cost and expense after notice of lien has been filed, the lien shall be released by the Village or person in whose name the lien has been filed and the release shall be filed of record in the same manner as filing notice of the lien.

25-3-7 FORECLOSURE OF LIEN. Property subject to a lien for unpaid charges shall be sold non-payment of the same, and the proceeds of such sale shall be applied to pay the charges after deducting costs, as is the case in the foreclosure of statutory liens. Such foreclosure shall be in the name of the Village, after lien is in effect for sixty (60) days. Suit to foreclose this lien shall be commenced within two (2) years after the date of filing notice of lien.

(498; 12-14-00 in part)

(See 65 ILCS Sec. 5/11-20-13 and 720 ILCS Sec. 5/47-10)

(also see 27-2-32)ARTICLE IV – INOPERABLE MOTOR VEHICLE

25-4-1 DEFINITIONS. For the purpose of this Code, the following term(s) shall have the meanings ascribed to them as follows:

“INOPERABLE MOTOR VEHICLE” shall mean any motor vehicle which, for a period of at least seven (7) days, the engine, wheels or other parts have been removed, or on which the engine, wheels or other parts have been altered, damaged or otherwise so treated that the vehicle is incapable of being driven under its own motor power, or which does not display a proper vehicle license with a current plate sticker. “Inoperable motor vehicle” shall not include a motor vehicle which has been rendered temporarily incapable, for no more than 60 days, of being driven under its own motor power in order to perform ordinary service or repair operations, or to vehicles considered to be inventory stock of licensed car dealers, or to vehicles being held for no longer than 60 days by car repairmen or repair businesses pursuant to a valid mechanics lien.

25-4-2 DECLARATION OF NUISANCE. All inoperable motor vehicles, whether on public or private property in view of the general public, are hereby declared to be a nuisance.

25-4-3 NOTICE TO OWNER OR PERSON IN CONTROL OF VEHICLE. The Mayor or a designated representative shall notify the owner of the motor vehicle or the person in control of said vehicle, informing said person or owner that he shall dispose of any inoperable vehicles under his control. If said person or owner fails to dispose of said inoperable vehicle(s) after seven (7) days from the issuance of the notice, the Mayor or a designated representative may authorize a law enforcement agency or a licensed towing service to remove and take possession of the inoperable vehicle or parts thereof and dispose of the same in a manner similar and comporting to the dispositional methods contained in Sections 24-6-1 et seq of this Municipal Code or in any other manner allowed by law. Additionally, said person or owner shall be subject to a fine pursuant to Sections 1-1-20 et seq of this Municipal Code.

25-4-4 EXCLUSIONS. Nothing in this Article shall apply to any motor vehicle that is kept within a building when not in use, to operable historic vehicles over twenty-five (25) years of age, or to a motor vehicle on the premises of a licensed business engaged in the wrecking or junking of motor vehicles.

(Ord. No. 433, 10-13-94 in part; Ord. No. 585, 09-19-06 in part)

(See 65 ILCS Sec. 5/11-40-3)

ARTICLE V – BUILDING AS NUISANCE

25-5-1 BUILDING CONDITION – NUISANCE. The Building Inspector or his designated representative shall report to the Village Board when any building or structure in the Village is in a dangerous condition and constitutes a nuisance. Hereinafter, all references to Building Inspector shall include “his designated representative”.

25-5-2 TIME LIMIT. The owner of such building shall repair or alter it so as to make it safe within fifteen (15) days from the time the notice is served upon him in the manner provided by law.

25-5-3 NOTIFICATION. The Building Inspector, with the approval of the Village Board, shall place a notice on all “dangerous and unsafe buildings”, which notice shall read as follows:

“This building has been found to be a dangerous and unsafe building by the Village officials. This notice shall remain on this building until it is repaired, vacated or demolished in accordance with the notice which has been given the owner, occupant, lessee, mortgagee, or agent of this building, or person or persons in whose name or names such building was last assessed, and all other persons having an interest in said building as shown by the land records of the County Recorder of Deeds. It is unlawful to remove this notice until such notice is complied with.”

25-5-4 DANGEROUS AND UNSAFE BUILDING DEFINED. All buildings or structures which have any or all of the following defects shall be deemed “dangerous and unsafe buildings”.

(A) Those whose interior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base.

(B) Those which, exclusive of the foundation, show thirty-one percent (31%) or more of damage or deterioration of the supporting member or members, or fifty percent (50%) of damage or deterioration of the non-supporting enclosing or outside walls or covering.

(C) Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded, or which have insufficient strength to be reasonably safe for the purpose used.

(D) Those which have been damaged by fire, wind, or other causes so as to have become dangerous to life, safety, morals, or the general health and welfare of the occupants or the people of the Village.

(E) Those which have become or are so dilapidated, decayed, unsafe, unsanitary or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation or are likely to cause sickness or disease, so as to cause injury to the health, morals, safety or general welfare of those living therein.

(F) Those having light, air, and sanitation facilities which are inadequate to protect the health, morals, safety, or general welfare of human beings who live or may live therein.

(G) Those having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes, or other means of communication.

(H) Those which have parts thereof which are so attached that they may fall and injure members of the public or property.

(I) Those which, because of their condition, are unsafe, unsanitary, or dangerous to the health, morals, safety or general welfare of the people of this Village.

(J) Those buildings existing in violation of any provision of the Building Code of this Village, or any provision of the Fire Prevention Code, or any other ordinances of the Village.

(K) Those vacant buildings with unguarded openings shall be deemed to constitute a fire hazard and to be unsafe within the provisions of this Code.

(L) Those buildings which are uncompleted or abandoned.

25-5-5 STANDARDS FOR REPAIR, VACATION OR DEMOLITION. The following standards shall be followed in substance by the Building Inspector in ordering repair, vacation, or demolition:

(A) If the “dangerous and unsafe building” is in such condition as to make it dangerous to the health, morals, safety, or general welfare of its occupants, it shall be ordered to be vacated.

(B) If the “dangerous and unsafe building” can reasonably be repaired so that it will no longer exist in violation of the terms of this Code, it shall be ordered repaired.

(C) In any case where a “dangerous and unsafe building” if fifty percent (50%) damaged or decayed, or deteriorated from its original value or structure, it shall be demolished, and in all cases where a building cannot be repaired so that it will no longer exist in violation of the terms of this Code, it shall be demolished. In all cases where a “dangerous and unsafe building” is a fire hazard existing or erected in violation of the terms of this Code, or any ordinance of the Village, or statute of the State of Illinois, it shall be demolished.

25-5-6 DANGEROUS AND UNSAFE BUILDINGS – NUISANCES. All dangerous and unsafe buildings within the terms of this Article are hereby declared to be public nuisances and shall be repaired, vacated, or demolished as hereinbefore or hereinafter provided.

25-5-7 INSPECTIONS. A person or agency charged with enforcement of this Article shall have the right to enter any property at any reasonable time to inspect any facility, premises or condition thereon for the purpose of determining whether this Article is being complied with or any provision thereof being violated. Refusal by the owner of right of entry shall cause the person or agency to seek permission of a court of competent jurisdiction for right of entry. In the event that the person or agency has reasonable cause to believe that there exists in any building or upon any premises any condition which makes the building or premises unsafe, the person or agency may enter such building or premises at any time reasonable under the circumstances to inspect the same or to perform any duty imposed upon the person or agency; provided that if such building or premises be occupied, the person or agency shall first present proper credentials and demand entry. If such building or premises be unoccupied, said person or agency shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, it shall cause the person or agency to seek permission of a court of competent jurisdiction for right of entry. In the event that any condition of an unoccupied building or premises presents a clear and immediate danger to the health and safety of citizens of the Village such that immediate inspection is required in order for the Village or other authorities to take immediate, emergency action to safeguard its citizens, inspection may be made immediately without permission from the owner or person in charge or control of said unoccupied building or premises, provided that reasonable efforts are made to give such notification as soon thereafter as possible. (Ord. No. 528; 02-13-03)

25-5-8 DUTIES OF THE ATTORNEY. The Village Attorney shall apply to the Circuit Court for an order authorizing the demolition, repair, or vacation of dangerous and unsafe buildings or uncompleted or abandoned buildings when notices have not been complied with and when requested to do so by the Building Inspector.

25-5-9 LIENS. The cost of repair, demolition, vacation, or enclosure shall be recoverable from the owner or owners of such real estate and shall be a lien thereon, which lien shall be superior to all prior existing liens and encumbrances; provided that within one hundred and eight (180) days after said cost and expense is incurred, the Village or person performing the service by authority of the Village, in his or its own names, shall file notices of lien in the office of the County Recorder of Deeds. The notice shall consist of a sworn statement setting out:

(A) A description of the real estate sufficient for identification therefor;

(B) The amount of money representing the cost and expense incurred or payable for the service; and

(C) The date or dates when said cost and expense was incurred by the Village.

Upon payment of said cost and expense by the owner of or persons interested in said property after notice of lien has been filed, the lien shall be released by the Village or person in whose name(s) the lien has been filed and said release may be filed of record as in the case of filing notice of lien. The lien may be enforced by proceedings to foreclose as in the case of mortgages or mechanics of lien. Suit to foreclose this lien shall be commenced within three (3) years after the date of filing notice of lien.

25-5-10 PENALTY. Any persons or entities who shall continue any violation beyond the time limit provided for in the notice to be given per Section 25-5-2 above shall be guilty of a Class C Misdemeanor and upon conviction shall be subject to a fine only of not less than One Hundred Twenty Dollars ($120.00) but not more than Seven Hundred Fifty Dollars ($750.00). Each day in which any such violation shall continue shall be deemed a separate offense, subject to a separate fine. A separate notice and citation and/or summons shall not be required for each day of violation that is of a continuing nature, but rather the initial notice and citation and/or summons shall be sufficient due notice for each subsequent day of violation of a continuing nature. (See Section 1-1-20 also). This penalty may be in addition to, rather than in lieu of, any other remedies or penalties that this Municipal Code or any Illinois statute might provide for, at the discretion of Village authorities. (Ord. No. 671, 2/10/2011)

25-5-11 REMEDIES. The Village may utilize any remedy afforded to it by any other provision of its Municipal Code or by any relevant statute in order to prevent and/or abate such nuisance. Additionally, the Village may bring a suit in equity to require the offender to prevent and/or abate the nuisance or to allow the Village to prevent and/or abate the nuisance itself in a suitable manner which is not otherwise authorized by this Article or this Code or by statute.

25-5-12 LIABILITY FOR EXPENSES. Any persons or entities violating any of the provisions of this Article shall become liable to the Village for any expense, loss or damage occasioned the Village by reason of such violation or by reason of the Village’s abatement of such violation, including any attorney fees that might be expended by the Village to prosecute violations of this Article or to seek enforcement or abatement of such nuisance.

(See 65 ILCS Sec. 5/11-31-1; Ord. #550, 10/14/04)

ARTICLE VI – ILLEGAL DISCHARGES INTO SANITARY SEWER

25-6-1 ILLEGAL DISCHARGES CONSTITUTES NUISANCE. Any person or entity upon whose real or personal property (hereinafter “property”) originates the discharge of or whose property facilitates the transfer of storm water, surface water, ground water, roof runoff, sub-surface drainage, cooling water or unpolluted industrial process waters which ultimately flow and drain into the Village sanitary sewer system shall immediately cease and desist from discharging or facilitating the transfer of said waters into the Village sanitary sewer system, regardless of whether said waters enter the Village sanitary sewer system upon that person’s or entity’s property or upon the property of another. The initiation of such discharge or facilitation shall also be disallowed and forbidden. All persons or entities whose property is within the Village limits or is connected to the Village sanitary sewer system shall maintain their property in such a manner as to comply with this Article and shall be responsible for all costs and expenses that a person or entity might incur in bringing his, her or its property into compliance with this Article. This provision applies to all persons or entities whose property is within the Village limits or is connected to the Village sanitary sewer system, regardless of whether a person or entity may have received a special use permit, exemption, or permission, by ordinance or otherwise, from the Village Board or Village personnel in the past. Any exemption, special use permit, or permission granted in the past by the Village which purports to allow any action or status which would be a violation of this Article is hereby rescinded and declared null and void. It is the intent of this Article that it apply retroactively and that no property will be “grandfathered” to be exempt from this Article.

25-6-2 DECLARATION OF NUISANCE. The discharge of storm water, surface water, ground water, roof runoff, sub-surface drainage, cooling water or unpolluted industrial process waters into the Village sanitary sewer system and the facilitation of same, is hereby declared to be a nuisance and a violation of this Article.

25-6-3 COMBINED SEWER DISCHARGES. A combined sewer in which both sewage and other waters as noted herein are combined and transported is specifically deemed a nuisance and a violation of this Article.

25-6-4 WRITTEN NOTICE TO DESIST. Any person or entities found to be violating any provision of this Article shall be served by the Village with written notice stating the nature of the violation and the actions needed to correct the violation and providing a time limit for the satisfactory correction thereof. The offender shall, within the time limit stated in said notice, permanently cease all violations and/or bring his property into compliance with this Article, as the case may be per said notice.

25-6-5 PENALTY. Any persons or entities who shall continue any violation beyond the time limit provided for in the notice to be given per Section 25-6-4 above shall be guilty of a Class C Misdemeanor and upon conviction shall be subject to a fine of not less than One Hundred Twenty Dollars ($120.00) but not more than Seven Hundred Fifty Dollars ($750.00). Each day in which any such violation shall continue shall be deemed a separate offense, subject to a separate fine. A separate notice and citation and/or summons shall not be required for each day of violation that is of a continuing nature, but rather the initial notice and citation and/or summons shall be sufficient due notice for each subsequent day of violation of a continuing nature. (See Section 1-1-20 also) (Ord. No. 670, 1/13/2011)

25-6-6 HEARINGS FOR OFFENDERS. Any persons or entities which neglect or willfully refuse to take corrective action as indicated by the notice of the Village without just cause may be subject to having their access to the Village sanitary sewer system physically disconnected. Notice and opportunity for hearing shall be afforded to the offender before commencement of the disconnect.

25-6-7 SUIT IN EQUITY. The Village may bring a suit in equity to require the offender to abate the nuisance or to allow the Village to abate the nuisance itself in a suitable manner which is not otherwise authorized by this Article.

25-6-8 LIABILITY FOR EXPENSES. Any persons or entities violating any of the provisions of this Article shall become liable to the Village for any expense, loss or damage occasioned the Village by reason of such violation or by reason of the Village’s abatement of such violation, including any attorney fees that might be expended by the Village to prosecute violations of this Article or to seek enforcement or abatement in equity.

(Ord. No. 527; 02-13-03)

(See Secs. 38-5-4, 38-5-5, 38-5-49 and 38-5-50 also)

VILLAGE OF LOUISVILLE

NUISANCE VIOLATION NOTICE

TO:

You are hereby notified that the Mayor or his representatives has determined that the property owned by you (and/or occupied by you, as the case may be) located at ________________________________________________________ located within the Municipality contains an unlawful nuisance(s) as defined by Section 25-1-1 of the Revised Code of Ordinances as follows:

You are required pursuant to Section 25-1-3 to abate and remove any nuisance(s) within five (5) days from the date of this notice as follows:

If you wish to appeal this notice, then the appeal shall be made to the Village Hall by: _________________________________.

If the nuisance is not abated by the date prescribed and/or if no request for hearing is made within the time prescribed, the Mayor or his representative will abate the nuisance and assess the costs against the property and/or impose a fine as provided by the Revised Code of Ordinances, Chapter 25; Article I and Chapter 1.

Dated this ______ day of ________________, ____. ______________________________

MAYOR

VILLAGE OF LOUISVILLE

NOTE: The penalty for failure to abate said nuisance(s) may be as high as $750.00 per violation plus the cost of the clean-up.

VILLAGE OF LOUISVILLE

N O T I C E

UNLAWFUL WEED GROWTH

TO:

You are hereby notified that ______________________________________________ has determined that property owned by you (and/or occupied by you, as the case may be) at ______________________________________________, located within the Village Limits contains unlawful weed growth as defined by Chapter 25 of the Revised Code of Ordinances.

You are required to remove all growth within five (5) days from the date of this Notice.

If you refuse or neglect to remove such growth, the authorities of this Municipality may provide for the removal thereof. The cost of such growth removal shall be paid by you.

VILLAGE CLERK

VILLAGE OF LOUISVILLE

Dated this _________ day of _________________________, ____.

VILLAGE OF LOUISVILLE

N O T I C E

UNLAWFUL GARBAGE AND/OR DEBRIS

TO:

You are hereby notified that the

has determined that property owned by you (and/or occupied by you, as the case may be) located at ______________________________________________, located within the Village Limits contains garbage and/or debris as defined by Chapter 25, Article III, of the Revised Code of Ordinances.

You are required to remove all such material within five (5) days from the date of this Notice.

If you refuse or neglect to remove such garbage and/or debris, the corporate authorities of this Municipality may provide for the removal thereof. The cost of the garbage and/or debris removal shall be paid by you.

VILLAGE CLERK

VILLAGE OF LOUISVILLE

Dated this _________ day of _________________________, _____.

VILLAGE OF LOUISVILLE

N O T I C E

INOPERABLE VEHICLE

TO:

You are hereby notified that the Mayor has determined that an “inoperable vehicle(s)” owned by you (and/or stored by you, as the case may be) located at ______________________________________________, located within the Corporate Limits of this Municipality contains an inoperable vehicle(s), as defined by Chapter 25, Article IV, of the Revised Code of Ordinances.

You are required to abate and remove any and all inoperable vehicles within seven (7) days from the date of this Notice.

If you wish to appeal said notice, then the appeal shall be made to the Corporate Authorities within five (5) days of this Notice.

If you refuse or neglect to remove and dispose of the specified inoperable vehicle(s), the Health Officer or Mayor of this Municipality may provide for the removal and abatement thereof. The cost of such removal and abatement shall be paid by you.

MAYOR

VILLAGE OF LOUISVILLE

Dated this _________ day of _________________________, _____.

VILLAGE OF LOUISVILLE

LETTER OF NOTICE

DANGEROUS AND UNSAFE BUILDING

TO:

You, as owner(s) of the property lawfully described below, are hereby notified by the undersigned Village of Louisville, Illinois that said property has upon it a building which is:

[ ] Dangerous and/or unsafe

[ ] Uncompleted and/or abandoned

The lawful property shall be described as _______________________________________

_____________________________________________________________________________

_____________________________________________________________________________

(legal description)

located at ____________________________________________________________________

(address)

Unless such building is put into safe condition or demolished within ninety (90) days of the receipt of this notice, the Village shall apply to the Circuit Court for an order authorizing such action to be taken by the Village with respect to the above described building. Any costs incurred by the Village to restore the building to a safe condition or to demolish the building shall be recovered from the owner(s) of the above described property pursuant to Chapter 65, Paragraph 5/11-31-1, Illinois Compiled Statutes.

Dated at ________________________________________________, this __________ day of _____________________________, _____.

MAYOR

VILLAGE OF LOUISVILLE

(SEAL)

CHAPTER 27

OFFENSES

ARTICLE I – DEFINITIONS

27-1-1 MEANINGS OF WORDS AND PHRASES. For the purpose of this Chapter the words and phrases of the Illinois Compiled Statutes, Chapter 720, Sections 2-1 through 2-11; 2-13 through 2-16; 2-19 and 2-20, as approved, adopted and amended are hereby adopted by the Village, as fully as if set out herein. (See 65 ILCS Sec. 5/1-3-2)

27-1-2 CRIMINAL CODE ADOPTED. The Illinois Criminal Code, Illinois Compiled Statutes, Chapter 720, as passed, approved and amended by the Illinois General Assembly is hereby adopted by the Village; the provisions thereof shall be controlling within the corporate limits of the Village; provided, however, the penalties as provided by this Code shall apply. (See 65 ILCS Sec. 5/1-3-2 and 5/11-1-1)

ARTICLE II – GENERALLY

27-2-1 DISTURBING POLICE OFFICER. No person shall, by violent conduct, disturb any police officer in the discharge of his duties; nor shall any person assault, strike, or fight with any police officers in the discharge of his/her duties or permit such conduct in or upon any house or premises in the Village owned or possessed by him/her or under his/her management and control. Abusive or vulgar language in the presence of an officer does not constitute a crime unless the language is directed at the officer and provokes a breach of the peace. (See 65 ILCS Sec. 5/11-1-1)

27-2-2 IMPERSONATION OF OFFICER. No person in the Village shall falsely represent himself to be an officer of the Village or shall, without being duly authorized by the Village, exercise or attempt to exercise any of the duties, functions or powers of the Village officer, or hinder, obstruct, resist or otherwise interfere with any Village officer in the discharge of the duties of his office. (See 65 ILCS Sec. 5/32-5.1)

27-2-3 DISTURBING LAWFUL ASSEMBLIES. It shall be unlawful for any person to willfully interrupt or disturb any funeral assembly, funeral procession, school, any assembly met for the worship of God or any other assembly met for a lawful purpose by any offensive behavior, or by any disorderly conduct. (See 65 ILCS Sec. 5/11-5-2)

27-2-4 UNLAWFUL ASSEMBLY. It shall be illegal for persons to assemble unlawfully in the following situations:

(A) The use of force or violence disturbing the public peace by two (2) or more persons acting together and without authority of law; or

(B) The assembly of two (2) or more persons to do an unlawful act; or

(C) The assembly of two (2) or more persons, without authority of law, for the purpose of doing violence to the person or property of any one supposed to have been guilty of a violation of the law, or for the purpose of exercising correctional powers or regulative powers over any person by violence. (See 720 ILCS Sec. 5/25-1) (See 65 ILCS Sec. 5/11-5-2)

27-2-5 DISTURBING THE PEACE. No person shall disturb the peace of any individual or private family, or of any lawful congregation within the Village by any noise or amusement, or by vulgar or profane language, or by any disorderly or unreasonable conduct. (See 65 ILCS Sec. 5/11-5-2)

27-2-6 BARBED WIRE AND ELECTRIC FENCES. It shall be unlawful for any person to erect or maintain any electrically-charged fence or barbed wire or other such sharp, pointed fence below eight feet (8′) in height, except in an agricultural or conservation zone district.

27-2-7 ADMISSION FEES: FRAUDULENTLY AVOIDING PAYMENT OF. It shall be unlawful for any person to fraudulently enter, without payment of the proper admission fee, any theater, ballroom, lecture, concert or other place where admission fees are charged; provided, however, that nothing herein contained shall be deemed to prohibit or restrict the free admission of police officers engaged in the performance of police duties to any place of public entertainment or amusement.

27-2-8 SALE OF CIGARETTES OR TOBACCO TO MINORS. No minor under eighteen (18) years of age shall buy any cigar, cigarette, smokeless tobacco or tobacco in any of its forms. No person shall sell, buy for, distribute samples of or furnish any cigar, cigarette, smokeless tobacco or tobacco in any of its forms, to any minor under eighteen (18) years of age.

For the purpose of this Section, “smokeless tobacco” means any tobacco products that are suitable for dipping or chewing. (See 720 ILCS Sec. 675/1)

27-2-9 SMOKELESS TOBACCO.

(A) Definition. For the purposes of this Section, the term “smokeless tobacco” means any finely cut, ground, powdered, or leaf tobacco that is intended to be placed in the oral cavity.

(B) Sales of Smokeless Tobacco Products to Persons Under Eighteen (18). No person shall sell any smokeless tobacco product to any person under the age of eighteen (18).

(C) Distribution. No person shall distribute or cause to be distributed to any person under the age of eighteen (18), without charge or at a nominal cost, any smokeless tobacco product. (See 720 ILCS Sec. 680-1 et seq.)

27-2-10 UNLAWFUL CONDUCT ON A PUBLIC WAY.

(A) It shall be unlawful for a pedestrian to stand upon any sidewalk or public way, except as near as reasonably possible to the building line or curb line if such standing interferes with the use of said sidewalk by other pedestrians.

(B) It shall be unlawful to impede or interfere with another person’s use of a public way.

27-2-11 AID IN ESCAPE. It shall be unlawful to rescue or attempt to rescue or shall abet or encourage the rescue or escape of any person from the custody of any officer or other person legally having him in charge, or shall molest or interfere with any officer or other person so legally having him in charge, or shall, in any manner, aid, abet or encourage the rescue or the attempt to escape from any person legally committed thereto, or shall supply or attempt to supply any such person with any weapon or with any implement or means whereby an escape might be affected, or with any intoxicating liquors, drugs or other article(s) without the consent of the officer in charge. (See 720 ILCS Sec. 5/31-7)

27-2-12 ESCAPES. It shall be unlawful for any person convicted of any offense or in lawful custody to escape or attempt to escape from custody. (See 720 ILCS Sec. 5/31-6(C))

27-2-13 FALSE PRETENSES. It shall be unlawful for any person to obtain any food, drink, goods, wares, or merchandise under false pretenses, or to enter public places and call for refreshments or other articles and receive and refuse to pay for same, or to depart without paying for or satisfying the person from whom he received the food, goods, wares, and/or merchandise.

27-2-14 RENTING PREMISES FOR UNLAWFUL PURPOSES. It shall be unlawful for any person to rent, use, or allow to be used, any building or property owned by him, for any purpose whereby riotous or disorderly persons are gathered.

27-2-15 AID TO AN OFFENSE. It shall be unlawful for any person, in any way or manner, to aid, abet, counsel, advise or encourage any other person in the commission of any of the acts mentioned herein or in any manner encourage the commission of such offense hereby defined.

27-2-16 POSTING BILLS. It shall be unlawful for any person to paste, post, paint, print or nail any handbill, sign, poster, advertisement, or notice of any kind on any curbstone, flagstone, or any other portion or part of any sidewalk, or upon any tree, lamppost, utility pole, hydrant, or upon any private wall, door, or gate without the consent, in writing, of the owner of the wall, door or gate; provided, however, that this Section shall not prevent posting by proper Village and County officials of election signs, polling place signs and other signs or placards necessary under the law to the conduct of elections, except they may not be attached to a tree.

27-2-17 INTOXICATION IN PUBLIC. No person shall, in the Village, be found in a state of intoxication or drunk in any street or other public place, or shall be found drunk lying or roving about the streets, alleys, or sidewalks of this Village or the private grounds of any of the inhabitants thereof, or being drunk as aforesaid, shall disturb the peace, order and quiet of the Village, or the peace and quiet of the citizens thereof by loud and unusual noises, disorderly conduct, indecent language or behavior or in any other manner. (See 65 ILCS Sec. 5/11-5-3)

27-2-18 BEGGING. No person shall beg or solicit alms within the Village without having obtained permission in writing from the Mayor. (See 65 ILCS Sec. 5/11-5-4)

27-2-19 CONCEALED WEAPONS. No person shall, within the Village, carry or wear under his clothes, or concealed about his person, any pistol or colt, or sling-shot, or cross knuckles or knuckles of lead, brass or other metal, or any switchblade knife or razor, bowie knife, dirk knife or dirk, dagger or any other dangerous or deadly weapon. This Section does not apply to the officers or members of the Police Department, nor to any sheriff or deputy sheriff or constable of this State, nor to any United States Marshal.

27-2-20 DISCHARGE OF FIREARMS OR BOW AND ARROW. It shall be unlawful to discharge any firearm, bow and arrow or air gun in the Village or so that the bullet, arrow, missile or projectile therefrom enters the Village without written permission from the Mayor, provided that this Section shall not be construed to prohibit any officer of the law to discharge a firearm in the performance of his duty; nor to prevent any citizen from discharging a firearm when lawfully defending his person or property; nor to prevent the discharge of bow and arrow by students upon school grounds while under the direct and immediate supervision of teachers or other school supervisory personnel.

27-2-21 GAMES IN STREET. No person shall, upon any Village street, fly any kite or play any game of ball or engage in any amusement or practice having a tendency to injure or annoy any person passing in the streets or on the sidewalks.

27-2-22 STORAGE OF EXPLOSIVES.

(A) Nitroglycerine; Dynamite, Etc. No person shall have, keep, possess, or store at or in any place within the Village, any nitroglycerine, dynamite or giant powder, or any form or combination of any of them.

(B) Blasting Powder, Etc. No person shall keep, possess or store any gun or blasting powder or any gun or explosive cotton at or in any one place in the Village in any quantity exceeding five (5) pounds. (See 65 ILCS Sec. 5/11-8-4)

27-2-23 THROWING ROCKS. No person in the Village shall throw or cast any rock or stone or any other missile upon or at any building, tree, or other public or private property, or at any person in any street, avenue, alley or public place.

27-2-24 DESTRUCTION OF PUBLIC PROPERTY. No person in the Village shall deface, destroy, or in any way, injure any public property, or any other apparatus of the Village.

27-2-25 FORTUNE TELLING. No person in the Village shall pursue the calling of a fortune teller or practice fortune telling, soothsaying, or the like and receive payment in any manner therefor.

27-2-26 ABANDONED REFRIGERATORS OR ICEBOXES. It shall be unlawful for any person to abandon or discard in any place accessible to children any refrigerator, icebox or ice chest, of a capacity of one and one-half (1 1/2) cubic feet or more, which has an attached lid or door which may be opened or fastened shut by means of an attached latch. The owner, lessee, or manager of such place, who knowingly permits such abandoned or discarded refrigerator, icebox or ice chest to remain there in such condition, shall be guilty of violating this Code. (See 720 ILCS Sec. 505/1)

27-2-27 HALLOWEEN CURFEW. It shall be illegal for any person to engage in Halloween practice, commonly called “Trick or Treat”, by calling at the homes or dwelling places within the Village, either masked or unmasked, except on a day designated by the Village Board and no later than 8:00 P.M. (See 65 ILCS Sec. 5/11-1-5)

27-2-28 CURFEW.

(A) Definitions. As used in this Section unless the context requires otherwise the following words or phrases shall mean:

(1) “Village curfew hours” means the period between 11:00 P.M. on any Sunday, Monday, Tuesday, Wednesday, or Thursday, until 6:00 A.M. on the following day; and, from 12:01 A.M. until 6:00 A.M. on any Saturday or Sunday.

(2) “Court” means the Fourth Judicial Circuit, Clay County, Illinois.

(3) “Custodian” means (a) a person who under court order is the custodian of the person of a minor; or (b) a public or private agency with which the Court has placed a minor; or, (c) a person acting in the role of a parent by reason of a private agreement, arrangement, custom, or habit.

(4) “Emergency” means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, fire, natural disaster, automobile accident, medical emergency or any situation requiring immediate action to prevent serious bodily injury or loss of life.

(5) “Establishment” means any privately owned place of business to which the public is invited, including but not limited to any place of amusement or entertainment.

(6) “Guardian” means (a) parent; or, (b) a person who under the court order is the guardian of the person of the minor; or, (c) a public or private agency with which the court has placed the minor.

(7) “Minor” means a person under the age of seventeen (17) years.

(8) “Parent” means a person who is a natural parent, adoptive parent, or step-parent of another person.

(9) “Public place” means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, public ways, sidewalks, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.

(10) “Responsible adult” means a person at least eighteen (18) years of age, authorized by a parent, guardian or custodian to have the care and custody of a minor.

(11) “Serious bodily injury” means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

(12) “Truancy curfew hours” means the period of the day when the school the minor would normally attend is in session, on days when the school the minor would normally attend is in session.

(13) “Truant Officer” means any officer, appointee, employee or other agent of any school district or any federal, state or local governmental entity or any agency thereof performing the duties of a truant officer under the Illinois Compulsory Attendance Statute, Chapter 105, Act 5, Section 26-1 et seq. of the Illinois Compiled Statutes.

(14) “Truancy Review Board” means any agency or entity established by any school district or any federal, state or local governmental entity or any counseling or social agency or any combination thereof recognized by the City and/or the court as an agency which provides service to improve education performance and/or attendance.

(15) “Village limits” means any area within the geographical area of the incorporated municipality of the Village of Louisville, Clay County, Illinois.

(B) Curfew Restrictions.

(1) It is unlawful for any minor to be present in any public place or on the premises of any establishment within the Village limits of the Village of Louisville, Clay County, Illinois, during Village curfew hours.

(2) It is unlawful for any parent or guardian or custodian of a minor to knowingly permit, or by insufficient control to allow, the minor to be present in any public place or on the premises of any establishment within the Village limits of the Village of Louisville, Clay County, Illinois, during Village curfew hours.

(3) It is a defense to prosecution under Section 27-2-28(B)(1) or (2) or Section 27-2-28(D) (hereinafter) that the minor was:

(a) accompanied by the minor’s parent, guardian or responsible adult;

(b) on an errand at the direction of the minor’s parent, guardian or responsible adult, without any detour or stop;

(c) in a motor vehicle involved in interstate travel with the consent or authorization of a parent, guardian or custodian;

(d) engaged in, going to or returning home from an employment activity without any detour or stop;

(e) involved in an emergency;

(f) on the sidewalk abutting the minor’s residence;

(g) engaged in, going to or returning home from an official school, religious, training, childcare, or other recreational activity supervised by adults, sponsored by a religious, school, or other civic or non-profit organization, or another similar entity that takes responsibility for the minor;

(h) exercising First Amendment rights protected by the United States Constitution or the Constitution of the State of Illinois; or

(i) emancipated pursuant to law.

(C) Truancy Restrictions.

(1) It is unlawful for any minor who is subject to compulsory education or to compulsory continuation education by statute or court order to be present in any public place or on the premises of any establishment within the Village limits of the Village of Louisville, Clay County, Illinois, during truancy curfew hours.

(2) It is unlawful for any parent, guardian or custodian of a minor to knowingly permit, or by insufficient control to allow, the minor to be present in any public place or on the premises of any establishment within the Village limits of the Village of Louisville, Clay County, Illinois, during truancy curfew hours.

(3) It is a defense to prosecution under Section 27-2-28(C)(1) or 27-2-28(C)(2) or 27-2-28(D) (hereinafter) that the minor was:

(a) accompanied by or directed to be out by a parent, guardian, or responsible adult if engaged in an activity which would constitute an excused absence from the school which the minor would normally attend;

(b) involved in an emergency;

(c) going to or returning from a medical appointment without any detour or stop;

(d) engaged in, going to or returning home from an employment activity pursuant to a cooperative school vocation program without any detour or stop;

(e) in possession of valid proof that the minor is a student who has permission to leave the school campus;

(f) a bona fide participant in an alternative education or home schooling program;

(g) engaged in or subject to an authorized or excused absence from the school which the minor attends, including but not limited to lunch periods;

(h) exercising First Amendment rights protected by the United States Constitution or the Constitution of the State of Illinois; or,

(i) emancipated pursuant to law.

(D) Establishment Restrictions.

(1) It is unlawful for any owner, operator or any employee of an establishment to allow a minor to be present or to remain upon the premises of the establishment in violation of the curfew or truancy hours established in Section 27-2-28(B) and Section 27-2-28(C) above.

(2) It is a defense to prosecution, under this subparagraph if the owner, operator or employee of the establishment immediately upon discovery of a minor reasonably believed to be in violation of Section 27-2-28(B) or 27-2-28(C) notified a law enforcement agency that a minor was present on the premises of the establishment during curfew or truancy hours and refused to leave the establishment after being advised to do so by the owner, operator or employee.

(E) Enforcement Restrictions.

(1) Every member of the Clay County Sheriff’s Department or any other law enforcement authority with jurisdiction with the Village limits is hereby authorized as follows:

(a) For the first offense of any minor violating the provisions of this Article, to issue to the minor a citation, in writing, in the same form as described in paragraph (3) below. For a second offense, the law enforcement officer is authorized to temporarily detain any minor violating the provisions of this Section (regardless of whether a citation is immediately issued) until the parent, custodian or guardian of the minor shall take him or her into custody, but such officer shall immediately upon taking custody of the minor reasonably attempt to communicate with the parent, custodian or guardian of the minor unless paragraph (5) herein is applicable. A parent, custodian or guardian must take custody of the minor within one (1) hour of the time of notice or be subject to a charge of Twenty-Five Dollars ($25.00) per hour as hereinafter provided.

(2) Whenever a Law Enforcement Officer or Truant Officer witnesses or has knowledge based on reasonable grounds of a violation of this Section by any person, such person may be issued a citation. A complaint may be made to a Law Enforcement Officer or Truant Officer by any person.

(3) A citation issued hereunder shall be in writing and shall:

(a) state the name of the person being cited and the person’s address if known;

(b) set forth the specific paragraph of this Section that was violated, the date of the violation and a brief description of the violation;

(c) be signed by the issuing Law Enforcement Officer, Truant Officer or complaining party.

In each instance where a citation is issued to a minor for violation of this Section, a minor’s parent, custodian or guardian shall be provided a copy of the citation notifying the parent, custodian or guardian of the charge made against the minor.

(4) A minor cited for a violation under this Section must attend a court hearing or Truancy Review Board hearing as noted on the citation and must be accompanied at the hearing by his or her parent, guardian, custodian or other adult person having the legal care and custody of the minor. If any such person fails to attend any court hearing with the minor, and unless the interest of justice would otherwise be served, the court may continue the hearing and shall issue a Notice or a Rule to Show Cause to the person directing the minor and that said person to appear at the continued hearing with the minor. Failure of the minor or said person to thereafter appear shall subject said minor or person to sanctions for contempt of court as determined by the court.

(5) Every member of the Sheriff’s Department or any other law enforcement authority with jurisdiction with the Village limits is hereby authorized to temporarily detain any minor violating the provisions of Section 27-2-28(C) of this Section, regardless of whether a citation is issued, and to deliver and surrender the minor to the lawful authorities of the school that the minor would normally attend.

(6) Nothing in this Section shall be construed as a limitation upon a law enforcement officer’s authority to take custody of a minor as may be allowed otherwise by law.

(F) Penalty.

(1) Any person who violates any provision of this Section shall upon conviction thereof be fined not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00); and a separate offense shall be deemed to have been committed upon each day on which such violation occurs or continues.

(2) In lieu of or in addition to a fine, a minor may be ordered to attend counseling or to perform ten (10) hours of court approved community service during times other than the minor’s hours of school attendance and/or the minor’s parents, guardian, custodian or other adult person having legal care or custody of the minor may be ordered to attend a parenting class or series of parenting classes or other counseling approved by the court or recommended by the Truancy Review Board or to attend any program directly related to improving school attendance and/or performance.

(3) In addition to any penalty imposed pursuant to paragraph (1) or (2) above, the minor’s parents, guardian, custodian or other adult person having legal care or custody of the minor may be ordered to pay all amounts imposed as civil liability under Section 27-2-28(G) hereinafter.

(G) Civil Liability. If a minor is detained for a period of time in excess of one (1) hour which requires the supervision of the minor by personnel of the Clay County Sheriff’s Office or other law enforcement office, the parent, guardian, custodian or other adult person having the legal care or custody of the minor shall be jointly and severally liable for the costs therefore at the rate of Twenty-Five Dollars ($25.00) per hour for each hour the minor is in custody in excess of the initial hour. The parent, guardian, custodian or other adult person having the legal care or custody of a minor who has committed any offense of this Section shall be assessed and billed for the costs. The costs shall be recoverable in any action enforcing any provision of this Section or in a separate civil action. In addition, the failure to pay the costs shall constitute a violation of this Section and subject the violator to the penalties described within paragraph (F) above. Furthermore, in any legal action taken under this Section to enforce the same, the liable party shall be responsible for all court costs and any reasonable attorney’s fees incurred by the Village in prosecuting the same and/or collecting the fines, costs, and attorney fees associated therewith.

(Ord. No. 547; 08-12-04)

27-2-29 THEFT OF RECYCLABLES UNLAWFUL. It shall be unlawful for any person to collect, obtain, possess or pickup any recyclable item(s) from any receptacle or collection point where service is provided by an authorized waste hauler licensed by the municipality or from any specified recycling center within the Village limits unless said person is acting as an agent for the Village or acting as an agent for a waste hauler licensed by the Village.

27-2-30 THROWING OBJECTS FROM MOTOR VEHICLES. Pursuant to the police powers in 65 ILCS 5/11-1-1 it shall be unlawful for any person occupying or driving a motor vehicle, whether moving or not, to shoot, throw, cast, launch or drop any object, liquid or substance at any person, animal or structure, wherein the possibility of harm, injury or damage may occur as a result of these actions.

The driver and/or all passengers shall be, upon conviction, fined in accordance with the provisions of the Village Code and shall be liable for all damage, injury or harm caused by the activity. (See Section 27-3-2)

27-2-31 DEPOSITING OF SNOW AND ICE RESTRICTED. No person shall deposit or cause to be deposited any snow and ice on or against a fire hydrant or on any sidewalk, roadway, or loading or unloading areas of a public transportation system, except that snow and ice may be windrowed on curbs incident to the cleaning of sidewalks in business districts. (See 65 ILCS Sec. 5/11-80-13)

27-2-32 DISPOSAL OF REFUSE, RUBBISH AND GARBAGE. All refuse, rubbish, garbage, junk and other offensive matters shall be disposed of at a location and in a method that conforms to requirements of the Illinois Environmental Protection Act. No person shall store, deposit or permit to remain upon the ground or in any waterway, drainage ditch, or confined waters within the Village any refuse, garbage, rubbish, junk or other offensive matter that may attract or harbor flies, rodents, vermin and/or mosquitoes, that may create unsightliness or offensive odors, or that may create a health hazard or nuisance. No person shall burn any such refuse, rubbish, garbage, junk, or other offensive matter if such burning would be in violation of the requirements of the Illinois Environmental Protection Act, or would create a visibility hazard on any street, alley, public walkway, or on private property other than the property on which the burning is performed, or would become a nuisance, annoyance or discomfort to any other person by the reason of the emission of smoke, fumes, fly ash, dust, soot, noxious odor, or other atmospheric pollution or discharge. (Ord. No. 535; 07-10-03) (also see 25-3-1 et seq)

27-2-33 ANIMALS FASTENED OR LEFT AS OBSTRUCTION TO SIDEWALK. Whoever shall fasten or leave any team or any animal in such manner so that the same or any vehicle to which it may be attached shall be an obstruction to any sidewalk in said Village shall be subject to a penalty as set forth in Section 1-1-20. (1897 Code)

27-2-34 SKATEBOARDS.

(A) Definitions.

(1) “Skateboard” means a device without motive power, designed for transporting a person or persons, consisting of a platform on small wheels.

(2) “Roller skate” means a frame or shoe with small wheels attached, designed for transporting a person without motive power.

(B) Regulation. No person or persons shall ride any skateboard or roller skate or skates, on the public streets, alleys, or publicly owned property within the Village limits. (Ord. No. 409; 11-14-91)

27-2-35 NO WHEELED VEHICLES IN COMMUNITY COURTYARD. In regard to the Villages Community Courtyard (commonly known as the Pocket Park which is located on the corner of Chestnut and Church Streets), it shall be unlawful and shall also be considered a public nuisance for any adult or minor person to operate thereon any wheeled vehicle, implement, or toy, whether licensed or unlicensed and whether motorized or not, including but not limited to any skateboard, rollerskates, rollerblades, scooters, bicycles, motorcycles, golf carts, four wheelers , lawn mowers, childrens motorized riding vehicles and the like (hereinafter collectively referred to as vehicles), without prior permission from Village authorities. Such operation of any such vehicle on said premises and any resulting damages shall be a violation of the Section, regardless of the actual intent of the operator to cause damage or not. Parents, guardians and other persons responsible for a minor or disabled adult shall be responsible for the actions of the minor or disabled adult who violates this section. Any person who violates this section, and in the case of a minor or disabled adult violator, any parent, guardian or other person responsible for said minor or disabled adult, shall be jointly and severally liable for and subject to a fine of not less than $200.00 nor more than $750.00, plus restitution for all damages. However, this Section shall not apply to any disabled person operating a motorized or nonmotorized wheelchair or similar mobility device. (Ord. #670; 1/13/2011)

CHAPTER 30

PUBLIC SAFETY

ARTICLE I – CIVIL EMERGENCY

30-1-1 DEFINITIONS.

“CIVIL EMERGENCY” is hereby defined to be:

(A) A “riot or unlawful assembly” characterized by the use of actual force or violence or any power to execute by three (3) or more persons acting together without authority of law; or

(B) Any “natural disaster” or “man-made calamity”, including flood, conflagration, cyclone, tornado, earthquake, or explosion within the corporate limits of the Village resulting in the death or injury of persons or the destruction of property to such an extent that extraordinary measures must be taken to protect the public health, safety and welfare.

“CURFEW” is hereby defined as a prohibition against any person or persons walking, running, loitering, standing or motoring upon any alley, street, highway, public property or vacant premises within the corporate limits of the Village excepting officials of any governmental unit and persons officially designated to duty with reference to the civil emergency.

30-1-2 DECLARATION OF EMERGENCY. Whenever an emergency as defined in Section 30-1-1 exists, the Mayor shall declare the existence by means of a written declaration, setting forth the facts which constitute the emergency.

30-1-3 CURFEW. After proclamation of a civil emergency by the Mayor, he may order a general curfew applicable to such geographical areas of the Village or to the Village as a whole as he deems advisable and applicable during such hours of the day or night as he deems necessary in the interest of the public safety and welfare.

30-1-4 AUTHORITY OF MAYOR TO ISSUE ORDERS. After the proclamation of a civil emergency, the Mayor may also, in the interest of public safety and welfare, make any or all of the following orders.

(A) Order the closing of all retail liquor stores including taverns and private clubs or portions thereof wherein the consumption of intoxicating liquor and beer is permitted.

(B) Order the discontinuance of the sale of alcoholic liquor by any wholesaler or retailer.

(C) Order the discontinuance of selling, distributing or giving away of gasoline or other flammable liquid or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle.

(D) Order the discontinuance of selling, distributing, dispensing or giving away of any firearms or ammunition of any character whatsoever.

(E) Issue such other orders as are imminently necessary for the protection of life and property.

30-1-5 EFFECTIVENESS. The proclamation herein authorized shall be effective for a period of forty-eight (48) hours unless sooner terminated by a proclamation of the Mayor indicating that the civil emergency no longer exists. The Mayor shall have the power to reproclaim the existence of a civil emergency at the end of each forty-eight (48) hour period during the time the civil emergency exists.

30-1-6 NOTIFICATION. Upon issuing the proclamation herein authorized, the Mayor shall notify the news media situated within the Village and shall cause three (3) copies of the proclamation declaring the existence of the emergency to be posted at the following places within the Village:

(A) The Village Hall.

(B) The Post Office.

(C) The Court House.

(See 65 ILCS Sec. 5/11-1-6)

CHAPTER 33

STREET REGULATIONS

ARTICLE I – DEPARTMENT ESTABLISHED

33-1-1 DEPARTMENT ESTABLISHED. There is hereby established a Department of the municipal government which shall be known as the Street Department. It shall embrace the Street Committee, the Superintendent of Public Works, and the employees. The Village Engineer shall serve as ex-officio officer.

33-1-2 COMMITTEE ON STREETS. The Village Board Standing Committee on Streets shall exercise a general supervision over the affairs of the Street Department. It shall ascertain the needs and conditions thereof and shall, from time to time, report the same to the Mayor and Village Board.

ARTICLE II – GENERAL REGULATIONS

33-2-1 UNDERMINING. No person shall undermine in any manner, any street or any other ground or real estate situated in the Village or belonging to any private person.

33-2-2 CLOSING STREET. Whenever public safety or the improvement or repair of any street, alley or public place requires it, the Mayor may order any street, alley, or public place temporarily closed to traffic and the placing of signs indicating that the street, alley or public place is closed by order of the Mayor. Whenever such signs are so placed, no person shall ride or drive upon or cross such street, alley or public place, or in any manner, destroy, deface, or remove any such sign.

33-2-3 SIGNS ACROSS STREET. No person shall place any sign, advertisement or banner over any or across any street, alley or sidewalk in the Village, unless he has written approval of the Village Board. (See 65 ILCS Sec. 5/11-80-17)

33-2-4 VEHICLES AND SKATEBOARDS ON SIDEWALKS. No person shall operate any skateboard or motor vehicle on or over any sidewalk, except in crossing the same to go into a yard or parking lot.

33-2-5 DEPOSITS ON SIDEWALKS AND STREETS. It shall be unlawful to deposit on any public sidewalk, any material which may be harmful to the pavement thereof, or any waste material, or any glass or other articles which might cause injury to persons, animals or property.

Merchandise or other articles may be deposited on sidewalks preparatory to delivery, provided that the usable width is not thereby reduced to less than four (4) feet); and provided that no such article shall remain on such walk for more than thirty (30) minutes.

33-2-6 OBSTRUCTING STREET.

(A) It shall be unlawful to deposit any material on any street which may be harmful to the pavement thereof, or any waste material, or any grass clippings, or to cause a lawn mower to blow grass clippings onto a street or any other articles such as glass which may cause injury to any person, animal or property.

(B) No person shall place or cause to be placed or erected on any public ground, or in any public street, alley or sidewalk in the Village, any debris, materials, or obstruction, except as may be permitted by this Code.

(C) It shall be the duty of the Police Department to exercise a vigilant supervision over such places and to notify any person found making such deposit or responsible for same to remove the offending matter at once. (See 65 ILCS Sec. 5/11-80-3)

33-2-7 RAINWATER DRAINS. It shall be unlawful to construct or permit the construction of any storm water drain or any drainage pipe in either a natural or man-made ditch without having first obtained a permit therefor. Applications for such permits shall be made to the Village Clerk and shall be accompanied by a statement as to the purpose of such drainage pipe, the premises to be served and the specification of such pipe to be installed. Such application shall be referred to the Street Superintendent and no such permit shall be issued unless he shall have found that the Village Code would be complied with by the installation of such storm water drain or drainage pipe and, that the installation of such storm water drain or drainage pipe would not interfere with, overload, obstruct or otherwise adversely affect the existing storm water drainage system within the Village.

It shall be unlawful to construct or permit the construction of any storm water drain which discharges water onto any sidewalk in the Village and it shall be unlawful to construct or permit the maintenance of any such drain which discharges into any public street or alley at a height greater than eighteen (18) inches above the ground or pavement.

33-2-8 BUILDING MATERIALS IN STREET. The Street Superintendent may move any obstruction on any street or sidewalk of the Village, but before doing so, he shall notify the person responsible therefore to remove such obstruction within a reasonable time after being notified. Any person engaged in erecting a building or fence or improving any lot on such street may deposit materials thereon and contiguous to such length of time as may be necessary for the work. The obstruction shall not extend to more than one-half (1/2) of the width of the sidewalk, street, or alley adjacent to such improvement and the gutter shall always be left free and unobstructed. At night, such person shall keep an illuminated warning light on such material. (See 65 ILCS Sec. 5/11-80-3)

33-2-9 MERCHANDISE ON PUBLIC STREET. It shall be unlawful for any person, firm or corporation to use any street, sidewalk, or other public place as space for the display of goods or merchandise for sale; or to write or make any signs or advertisements on any such pavements, unless permission is granted by the Village Board. (See 65 ILCS Sec. 5/11-80-3)

33-2-10 ENCROACHMENTS. It shall be unlawful to erect or maintain any building or structure which encroaches upon any public street or property.

33-2-11 POSTING BILLS. It shall be unlawful for any person to paste, paint, print or nail any handbill, sign, poster, advertisement or notice of any kind on any curbstone, flagstone, or any other portion or part of any sidewalk, or upon any tree, lamppost, utility pole, hydrant, or upon any private wall, door or gate without the consent, in writing, of the owner of such curbstone, flagstone, sidewalk, tree, lamppost, utility pole, hydrant, private wall, door or gate.

33-2-12 SIGNS ON POLES. No person shall nail, tack, paste, paint or fasten, or cause to be nailed, tacked, painted or fastened, any sign or any other foreign substance or material onto any telephone, telegraph, electric light, police and/or fire alarm pole or post, or any street or traffic sign located on any sidewalk, street, alley or public grounds or injure or deface any such pole or post.

33-2-13 INJURY TO NEW PAVEMENTS. It shall be unlawful to walk upon or drive any vehicle or animal upon or destroy any newly-laid sidewalk pavement while the same is guarded by a warning sign or barricade, or to knowingly injure any soft, newly-laid pavement.

33-2-14 BARBED-WIRE FENCES. It shall be unlawful to maintain or construct any fence composed in whole or in part of barbed wire, or with any similar material designed to cause injury to persons, or any wire charged with electrical current, anywhere within three (3) feet of any public street, sidewalk, alley, park or other public way or place unless such barbs or charged wire are at least eight (8) feet above the level of such public place.

33-2-15 BURNING ON PUBLIC STREETS. It shall be unlawful for any person to burn any leaves, paper, rubbish or other substances upon any of the public streets, sidewalks or alleys in the Village. (see 27-2-32 for burning of refuse in general)

33-2-16 GRASS MOWING ON RIGHT-OF-WAYS. Property owners and the occupants or tenants of such properties shall be jointly and severally responsible for maintaining any areas, including any public right-of-ways, lying between their property lines and the street surfaces abutting those properties, including the trimming, treating or removing of any plants, shrubs, bushes, grasses or weeds lying therein, and including the mowing of any grasses or weeds exceeding eight (8) inches in height. This section shall not be deemed to abrogate the authority of the Village to maintain the right-of-ways and easements within its jurisdiction in the manner it deems appropriate. (Ord. #640, 8/13/09)

33-2-17 GRASS CLIPPINGS ON PUBLIC STREETS AND SIDEWALKS. It shall be unlawful and shall also be considered a public nuisance to discharge by mowing or otherwise deposit into or onto any public street, highway, or sidewalk (hereafter public roadways) located in the Village of Louisville, Illinois, any green waste (defined as grass or other vegetation clippings or debris, including but not limited to grass clippings and cuttings from shrubs and hedges) from any adjoining real estate along or containing said public roadways. Any individual or owner of such real estate which causes directly or indirectly said discharge or deposit of green waste into said public roadways shall remove said discharge or deposits including grass clippings from the public roadway within two (2) hours after mowing or any other method causing the same to be placed in said roadway. The individual mowing or causing such discharge of green waste onto any public roadway and the owner and the legal occupants of the real estate adjoining the public roadway upon which such discharge occurred shall all be severally and jointly responsible and liable to prevent such discharge as herein described, and all shall be subject to both fine and order to abate for the failure to so maintain such areas, which is hereby declared a public nuisance. (Ord. #642, 9/10/09)

33-2-18 YARD WASTE IN PUBLIC DITCHES. It shall be unlawful and shall also be considered a public nuisance to burn, deposit, or accumulate yard waste in any public ditch located in the Village of Louisville, Illinois, or to fail to remove any such accumulation in any such public ditch. Yard waste is defined as leaves, grass, or other vegetation clippings or debris, including but not limited to cuttings from shrubs and hedges, from any adjoining real estate along or containing said public ditches. All individuals and all occupants or owners of any real estate adjoining or containing any public ditch who cause directly or indirectly said burning, deposit, or accumulation of yard waste in a public ditch and all occupants or owners of any such real estate who fail to remove any such accumulation, including any natural accumulations, shall all be severally and jointly responsible and liable to prevent or remove such burning, deposit or accumulation as herein described, and all shall be subject to both fine and order to abate for the failure to so maintain such areas, which is hereby declared a public nuisance. (Ord. #641, 9/10/09)

33-2-19 NO MUNICIPAL DUTY TO REMOVE SNOW AND ICE. The Village hereby recognizes that state law does not impose a duty for any landowner or occupant of premises located within the Village to keep any public sidewalks contained in, abutting or fronting said premises free and clear of snow and ice accumulations. Likewise, the landowner or occupant of such premises shall not be required by the Village to so keep said sidewalks free and clear of snow and ice accumulations. However, the Village encourages all landowners and occupants to keep any such sidewalks free and clear of snow and ice accumulations for the safety of all citizens of the Village. The Village further declares that it has no duty and shall not be responsible to clear any of its public sidewalks or streets of any snow and/or ice accumulations.

(Ord. #672, 3/10/2011)

ARTICLE III – TREES AND SHRUBS

33-3-1 DEFINITIONS. For the purpose of this Article the following terms, phrases and words shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future and words in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.

(A) “Person” is any public or private individual, group, company, firm, corporation, partnership, association, society or any other combination of human beings whether legal or natural, and includes all such persons who may be property owners, lessees, renters, and/or occupants of the property in question.

(B) “Tree” is any tree located in a public place or on a public right-of-way or any tree on private property. Unless specifically noted otherwise, the term “tree” shall include trees, shrubs, and other vegetation.

(C) “Street Tree” is any tree in a public place or on a public right-of-way.

(D) “Shrub” is any woody plant of low height with several stems.

(E) “Removal” is the actual removal or causing the effective removal through damaging, poisoning or other direct or indirect actions resulting in the death of a tree or shrub.

33-3-2 PLANTING OR GROWING AND MAINTENANCE OF TREES. It shall be the duty of any person who plants or grows a tree either on any public place or public right-of-way or on private property to:

(A) Place no tree so as to be, in the opinion of the Village, a hazard to public places or to interfere with any street lights, traffic signs or traffic or pedestrian movement or visibility.

(B) Plant all street trees at least thirty (30) feet apart.

(C) Plant no tree within ten (10) feet of either side of any street, curb or sidewalk that is owned or maintained by the Village.

(D) Place no street tree where the soil is too poor to insure growth.

No street tree shall be planted, removed, or trimmed by any person of the Village without prior written consent of the Village.

The Village shall have the right but not the duty to trim, treat, or remove any trees located on any public place or public right-of-way or on private property if the Village deems said tree to be a hazard to public places or to interfere with any street lights, traffic signs or traffic or pedestrian movement or visibility, or is either dead or so diseased or infested as to constitute a hazard to the public, without prior notice to any person, regardless of whether said tree is located on public or private property, provided that said tree, if located on private property, shall be trimmed, treated or removed only to such extent that is necessary to eliminate said interference or hazard.

33-3-3 REMOVAL AND MAINTENANCE OF TREES ON PRIVATE PROPERTY. It shall be the responsibility of every property owner or occupant to maintain trees on his, her or its property, except as set forth in Section 33-3-2 hereinabove, in a safe and healthy manner and to keep trees properly trimmed and pruned so as to avoid hazards to persons, property, traffic and other vegetation.

(A) The Village may from time to time seek entry to private property in order to inspect the trees located upon the property. The Village shall first seek the property owner’s permission to conduct such an inspection. Should the property owner object to the inspection, the Village may seek, from a court of competent jurisdiction, authority to inspect the premises in accordance with this Article.

(B) Upon finding that any tree located on private property constitutes a nuisances, then the Village shall direct a notice to the property owner to remove the tree from the private property.

(1) The method of service shall be in one or more of the following ways:

(a) By personal delivery of the notice to the person responsible.

(b) By leaving the notice with a person of suitable age and discretion on the premises.

(c) By mailing the notice by certified mail to the last known address of the owner of the premises.

(d) By publishing the notice in a local newspaper for three (3) consecutive days.

(2) The notice shall set forth the time limit for compliance, which shall depend upon the degree of danger created by the tree, but shall in no case be longer than sixty (60) days. In the case of extreme danger, the Village shall have authority to require immediate compliance.

(C) If at the end of the time period set forth in the notice, the tree has not been removed, it shall be declared a nuisance by the Village, and the Village shall have the tree removed. The costs of this service, including labor, equipment and materials, as well as attorney’s fees and court costs, shall be assessed to the property owner.

(D) A tree shall be deemed a nuisance if it or any part of it:

(1) Appears dead, dangerous or likely to fall;

(2) Is not pruned to a height of ten (10) feet above the sidewalk or fourteen (14) feet above the street;

(3) Obstructs or interferes with a curb, gutter, street or sidewalk, or is in dangerous proximity of doing such;

(4) Interferes with sewers, or is in dangerous proximity of doing such;

(5) Is in dangerous proximity to interfere with public utilities;

(6) Interferes with a planned public improvement; and

(7) Interferes with a traffic sign or traffic visibility, or is in dangerous proximity of doing such.

(E) If the costs of remedying the condition are not paid after thirty (30) days from receipt of a statement from the Village, the amount shall become a lien upon the property and the Village Clerk is authorized, empowered and directed to file such lien with the County Recorder, and/or the Village may take any other action available to the Village by law to collect said amount due.

33-3-4 ATTACHING WIRES. It shall be unlawful to attach any wire or other rope to any street tree without permission from the Village.

33-3-5 TREE REFERENCES. All references in this Article to “trees” shall include shrubs or other vegetation, unless specifically noted otherwise.

(Ord. No. 512; 05-09-02)

ARTICLE IV – STREET IMPROVEMENTS

33-4-1 SIDEWALKS.

(A) Grade. No sidewalk shall be built above or below the established grade of the Village and in all cases where no grade is established, any person building a sidewalk shall build the same according to the instructions of the Street Superintendent and the Village Board. No one shall build a sidewalk unless it consist of new construction. No one shall remove or destroy a sidewalk without replacing the same with a new sidewalk.

(B) Permit. It shall be unlawful for any person to build, lay or construct any sidewalk along any property in the Village or along any of the streets, alleys, or public highways thereon, without first filing an application for a permit with the Village Clerk and approved by the Village Board.

(C) Subdivisions. This Section is not applicable to new subdivisions. (See 65 ILCS Sec. 5/11-80-13)

ARTICLE V – CULVERTS

33-5-1 OBSTRUCTION OF DRAIN OR STORM SEWER. It shall be unlawful to obstruct any drain or storm sewer in any public street or property.

33-5-2 PERMIT FOR CULVERT. It shall be unlawful to install any culvert or replace any culvert without first obtaining a permit from the Village Clerk.

33-5-3 APPLICATION FOR PERMIT. Any person desiring a permit to install or replace any culvert shall file an application therefor with the Village Clerk upon a form to be provided for that purpose.

33-5-4 TERMINATION OF PERMIT. All such permits shall terminate upon the expiration of six (6) months following the date of issue.

33-5-5 TYPE OF CULVERT. Culverts shall be installed where driveways or walkways cross open ditches. The culverts shall be of such size, and type of material, installed at the grade and constructed with couplings as determined by the Street Superintendent. The person desiring the culvert shall purchase a new culvert as provided herein and shall have it delivered on the site. The Village shall install the new culvert.

33-5-6 COST OF INSTALLATION. Any person wishing to replace a culvert shall, at his own expense, purchase said culvert in such form and manner as the Superintendent determines necessary depending on the conditions existing.

33-5-7 BACKFILL COST. Any person installing or replacing a culvert shall, at his own expense, provide and place such backfill material as the Street Superintendent determines necessary to complete the project.

33-5-8 REPLACEMENT COST. The expense of replacing any culvert shall be borne by the person making application for the permit to install the same.

(See 65 ILCS Sec. 5/11-80-7)

ARTICLE VI – DRIVEWAYS

33-6-1 PERMITS REQUIRED. No person shall construct a driveway for vehicles or animals across any sidewalk in the Village without having first obtained a permit therefor.

Applications for such permits shall be made to the Village Clerk and shall be accompanied by the fee required.

No permit for construction of a driveway for commercial use, or for the habitual use of other than the owner or occupant of the premises served shall be issued except upon the order of the Village Clerk.

33-6-2 GRADE SURFACE. No driveway shall be so constructed or graded as to leave a step, sharp depression or other obstruction in the sidewalk. The grade shall be as nearly as possible the same as that of the adjoining sidewalk. It shall be unlawful to have the surface finish of any driveway where the same crosses the sidewalk constructed of such materials as to render it slippery and hazardous to pedestrians, or to have the grade of such portion vary from the grade of the sidewalk or be other than level.

33-6-3 SPECIFICATIONS. Driveways across sidewalks shall be constructed in compliance with the specifications required by the Street Superintendent.

33-6-4 REPAIR. It shall be the duty of the person maintaining the driveway to keep the same in good repair where it crosses the sidewalk and free from obstruction and openings.

(See 65 ILCS Sec. 5/11-80-2)

VILLAGE OF LOUISVILLE

EXCAVATION PERMIT

NAME

FIRM NAME

ADDRESS

CITY/VILLAGE STATE PHONE

LOCATION OF PROPOSED EXCAVATION

NATURE OF EXCAVATION

BONDING COMPANY:

NAME

ADDRESS

CITY/VILLAGE STATE PHONE

AMOUNT OF BOND $

PREVIOUS EXPERIENCE (LIST CITIES AND/OR VILLAGES)

CITY/VILLAGE CITY/VILLAGE OFFICIAL

1.

2.

3.

4.

I have read the municipal law with regard to excavations and my firm or company intends to fully comply with the Street Regulations Code provisions.

(Applicant’s Signature)

APPLICATION FOR CULVERT/DRIVEWAY PERMIT

I, ____________________________, do hereby request permission and authority to construct a culvert/driveway on the right-of-way of the Village in accordance with the information provided on this application and the accompanying sketch. (Applicant must prepare a sketch showing location, length and pertinent details.)

ADDRESS:

Pipe material will be:

Wall thickness or gauge will be:

Type of joint will be:

DATED: _________________________, 20__ SIGNED:

(APPLICANT)

CULVERT/DRIVEWAY PERMIT

APPLICATION Approved ( ) Disapproved ( )

If disapproved, state reasons:

DATED: _________________________, 20__ SIGNED:

CERTIFICATION

The undersigned has inspected the construction and installation set forth above and finds that the same (is) (is not) in accordance with the permit.

DATED: _________________________, 20__ SIGNED:

CHAPTER 36

TAXATION

ARTICLE I – GENERALLY

36-1-1 CORPORATE RATE. The maximum rate for general corporate purposes of the Village be and the same is hereby established at a rate of .25%. (See 65 ILCS Sec. 5/8-3-1)

36-1-2 POLICE TAX. The maximum rate for police protection purposes of the Village be and the same is hereby established at a rate of .075%. (See 65 ILCS Sec. 5/11-1-3)

36-1-3 AUDIT TAX. The Village Board may levy a “Municipal Auditing Tax” upon all taxable property in the Village which will produce an amount which will equal the cost of all auditing for the Village. (See 65 ILCS Sec. 5/8-8-8)

36-1-4 F.I.C.A. TAX. The Village Board may levy a tax upon all taxable property in the Village at whatever rate is necessary to participate in the federal Social Security System. (See 40 ILCS Sec. 5/21-101 et seq.)

36-1-5 GENERAL LIABILITY. The Village Board may levy a tax upon all taxable property in the Village at whatever rate is necessary to purchase general liability insurance for the Village.

36-1-6 GARBAGE TAX. The maximum tax for garbage collection purposes, be and the same is hereby established at a rate of .20%. (See 65 ILCS Sec. 5/11-19-4)

36-1-7 WORKMEN’S COMPENSATION. The maximum tax for Worker’s Compensation and Occupational Diseases Claims purposes, be and the same is hereby established at a rate to pay for legal services, purchase insurance, purchase claim services, pay for judgments and settlements. (See 745 ILCS Sec. 10/9-107)

36-1-8 PUBLIC PARKS TAX. The maximum tax for Public Park purposes, be and the same is hereby established at a rate of .075%. (See 65 ILCS Sec. 5/11-98-1)

36-1-9 STREET AND BRIDGE. The maximum tax for Street and Bridge purposes, be and the same is hereby established at a rate of .06%. (See 65 ILCS Sec. 5/11-81-1 and 5/11-81-2)

ARTICLE II

TAXPAYERS’ RIGHTS CODE

36-2-1 TITLE. This Article shall be known as, and may be cited as, the “Locally Imposed and Administered Tax Rights and Responsibility Code”.

36-2-2 SCOPE. The provisions of this Code shall apply to the Village’s procedures in connection with all of the Village’s locally imposed and administered taxes.

36-2-3 DEFINITIONS. Certain words or terms herein shall have the meaning ascribed to them as follows:

(A) Act. “Act” means the “Local Government Taxpayers’ Bill of Rights Act”.

(B) Corporate Authorities. “Corporate Authorities” means the Mayor and Board of Trustees.

(C) Locally Imposed and Administered Tax or “Tax”. “Locally Imposed and Administered Tax” or “Tax” means each tax imposed by the Village that is collected or administered by the Village not an agency or department of the State. It does not include any taxes imposed upon real property under the Property Tax Code or fees collected by the Village other than infrastructure maintenance fees.

(D) Local Tax Administrator. “Local Tax Administrator”, the Village’s Treasurer, is charged with the administration and collection of the locally imposed and administered taxes, including staff, employees or agents to the extent they are authorized by the local tax administrator to act in the local tax administrator’s stead. The local tax administrator shall have the authority to implement the terms of this Code to give full effect to this Code. The exercise of such authority by the local tax administrator shall not be inconsistent with this Code and the Act.

(E) Village. “Village” means the Village of Louisville, Illinois.

(F) Notice. “Notice” means each audit notice, collection notice or other similar notice or communication in connection with each of the Village’s locally imposed and administered taxes.

(G) Tax Ordinance. “Tax Ordinance” means each ordinance adopted by the Village that imposes any locally imposed and administered tax.

(H) Taxpayer. “Taxpayer” means any person required to pay any locally imposed and administered tax and generally includes the person upon whom the legal incidence of such tax is placed and with respect to consumer taxes includes the business or entity required to collect and pay the locally imposed and administered tax to the Village.

36-2-4 NOTICES. Unless otherwise provided, whenever notice is required to be given, the notice is to be in writing mailed not less than seven (7) calendar days prior to the day fixed for any applicable hearing, audit or other scheduled act of the local tax administrator. The notice shall be sent by the local tax administrator as follows:

(A) First class or express mail, or overnight mail, addressed to the persons concerned at the persons’ last known address, or

(B) Personal service or delivery.

36-2-5 LATE PAYMENT. Any notice, payment, remittance or other filing required to be made to the Village pursuant to any tax ordinance shall be considered late unless it is:

(A) physically received by the Village on or before the due date, or

(B) received in an envelope or other container displaying a valid, readable U.S. postmark dated on or before the due date, properly addressed to the Village, with adequate postage prepaid.

36-2-6 PAYMENT. Any payment or remittance received for a tax period shall be applied in the following order:

(A) first to the tax due for the applicable period;

(B) second to the interest due for the applicable period; and

(C) third to the penalty for the applicable period.

36-2-7 CERTAIN CREDITS AND REFUNDS.

(A) The Village shall not refund or credit any taxes voluntarily paid without written protest at the time of payment in the event that a locally imposed and administered tax is declared invalidly enacted or unconstitutional by a court of competent jurisdiction. However, a taxpayer shall not be deemed to have paid the tax voluntarily if the taxpayer lacked knowledge of the facts upon which to protest the taxes at the time of payment or if the taxpayer paid the taxes under duress.

(B) The statute of limitations on a claim for credit or refund shall be four (4) or less years after the end of the calendar year in which payment in error was made. The Village shall not grant a credit or refund of locally imposed and administered taxes, interest, or penalties to a person who has not paid the amounts directly to the Village.

(C) The procedure for claiming a credit or refund of locally imposed and administered taxes, interest or penalties paid in error shall be as follows:

(1) The taxpayer shall submit to the local tax administrator in writing a claim for credit or refund together with a statement specifying:

(a) the name of the locally imposed and administered tax subject to the claim;

(b) the tax period for the locally imposed and administered tax subject to the claim;

(c) the date of the tax payment subject to the claim and the cancelled check or receipt for the payment;

(d) the taxpayer’s recalculation, accompanied by an amended or revised tax return, in connection with the claim; and

(e) a request for either a refund or a credit in connection with the claim to be applied to the amount of tax, interest and penalties overpaid, and, as applicable, related interest on the amount overpaid; provided, however, that there shall be no refund and only a credit given in the event the taxpayer owes any monies to the Village.

(2) Within ten (10) days of the receipt by the local tax administrator of any claim for a refund or credit, the local tax administrator shall either:

(a) grant the claim; or

(b) deny the claim, in whole or in part, together with a statement as to the reason for the denial or the partial grant and denial.

(3) In the event the local tax administrator grants, in whole or in part, a claim for refund or credit, the amount of the grant for refund or credit shall bear interest at the rate of six percent (6%) per annum, based on a year of three hundred sixty-five (365) days and the number of days elapsed, from the date of the overpayment to the date of mailing of a refund check or the grant of a credit.

36-5-8 AUDIT PROCEDURE. Any request for proposed audit pursuant to any local administered tax shall comply with the notice requirements of this Code.

(A) Each notice of audit shall contain the following information:

(1) the tax;

(2) the time period of the audit; and

(3) a brief description of the books and records to be made available for the auditor.

(B) Any audit shall be conducted during normal business hours and if the date and time selected by the local tax administrator is not agreeable to the taxpayer, another date and time may be requested by the taxpayer within thirty (30) days after the originally designated audit and during normal business hours.

(C) The taxpayer may request an extension of time to have an audit conducted. The audit shall be conducted not less than seven (7) days nor more than thirty (30) days from the date the notice is given, unless the taxpayer and the local tax administrator agreed to some other convenient time. In the event taxpayer is unable to comply with the audit on the date in question, the taxpayer may request another date within the thirty (30) days, approved in writing, that is convenient to the taxpayer and the local tax administrator.

(D) Every taxpayer shall keep accurate books and records of the taxpayer’s business or activities, including original source documents and books of entry denoting the transactions which had given rise or may have given rise to any tax liability, exemption or deduction. All books shall be kept in the English Language and shall be subject to and available for inspection by the Village.

(E) It is the duty and responsibility of every taxpayer to make available its books and records for inspection by the Village. If the taxpayer or tax collector fails to provide the documents necessary for audit within the time provided, the local tax administrator may issue a tax determination and assessment based on the tax administrator’s determination of the best estimate of the taxpayer’s tax liability.

(F) If an audit determines there has been an overpayment of a locally imposed and administered tax as a result of the audit, written notice of the amount of overpayment shall be given to the taxpayer within thirty (30) days of the Village’s determination of the amount of overpayment.

(G) In the event a tax payment was submitted to the incorrect local governmental entity, the local tax administrator shall notify the local governmental entity imposing such tax.

36-2-9 APPEAL.

(A) The local tax administrator shall send written notice to a taxpayer upon the local tax administrator’s issuance of a protestable notice of tax due, a bill, a claim denial, or a notice of claim reduction regarding any tax. The notice shall include the following information:

(1) the reason for the assessment;

(2) the amount of the tax liability proposed;

(3) the procedure for appealing the assessment; and

(4) the obligations of the Village during the audit, appeal, refund and collection process.

(B) A taxpayer who receives written notice from the local tax administrator of a determination of tax due or assessment may file with the local tax administrator a written protest and petition for hearing, setting forth the basis of the taxpayer’s request for a hearing. The written protest and petition for hearing must be filed with the local tax administrator within forty-five (45) days of receipt of the written notice of the tax determination and assessment.

(C) If a timely written notice and petition for hearing is filed, the local tax administrator shall fix the time and place for hearing and shall give written notice to the taxpayer. The hearing shall be scheduled for a date within fourteen (14) days of receipt of the written protest and petition for hearing, unless the taxpayer requests a later date convenient to all parties.

(D) If a written protest and petition for hearing is not filed within the forty-five (45) day period, the tax determination, audit or assessment shall become a final bill due and owing without further notice.

(E) Upon the showing of reasonable cause by the taxpayer and the full payment of the contested tax liability along with interest accrued as of the due date of the tax, the local tax administrator may reopen or extend the time for filing a written protest and petition for hearing. In no event shall the time for filing a written protest and petition for hearing be reopened or extended for more than ninety (90) days after the expiration of the forty-five (45) day period.

36-2-10 HEARING.

(A) Whenever a taxpayer or a tax collector has filed a timely written protest and petition for hearing under Section 36-2-9, above, the local tax administrator shall conduct a hearing regarding any appeal.

(B) No continuances shall be granted except in cases where a continuance is absolutely necessary to protect the rights of the taxpayer. Lack of preparation shall not be grounds for a continuance. Any continuance granted shall not exceed fourteen (14) days.

(C) At the hearing the local tax administrator shall preside and shall hear testimony and accept any evidence relevant to the tax determination, audit or assessment. The strict rules of evidence applicable to judicial proceedings shall not apply.

(D) At the conclusion of the hearing, the local tax administrator shall make a written determination on the basis of the evidence presented at the hearing. The taxpayer or tax collector shall be provided with a copy of the written decision.

36-2-11 INTEREST AND PENALTIES. In the event a determination has been made that a tax is due and owing, through audit, assessment or other bill sent, the tax must be paid within the time frame otherwise indicated.

(A) Interest. The Village hereby provides for the amount of interest to be assessed on a late payment, underpayment, or nonpayment of the tax to be six percent (6%) per annum, based on a year of three hundred sixty-five (365) days and the number of days elapsed.

(B) Late Filing and Payment Penalties. If a tax return is not filed within the time and manner provided by the controlling tax ordinance, a late filing penalty, of five percent (5%) of the amount of tax required to be shown as due on a return shall be imposed; and a late payment penalty of five percent (5%) of the tax due shall be imposed. If no return is filed within the time or manner provided by the controlling tax ordinance and prior to the Village issuing a notice of tax delinquency or notice of tax liability, then a failure to file penalty shall be assessed equal to twenty-five percent (25%) of the total tax due for the applicable reporting period for which the return was required to be filed. A late filing or payment penalty shall not apply if a failure to file penalty is imposed by the controlling ordinance.

36-2-12 ABATEMENT. The local tax administrator shall have the authority to waive or abate any late filing penalty, late payment penalty or failure to file penalty if the local tax administrator shall determine reasonable cause exists for delay or failure to make a filing.

36-2-13 INSTALLMENT CONTRACTS. The Village may enter into an installment contract with the taxpayer for the payment of taxes under the controlling tax ordinance. The local tax administrator may not cancel any installment contract so entered unless the taxpayer fails to pay any amount due and owing. Upon written notice by the local tax administrator that the payment is thirty (30) days delinquent, the taxpayer shall have fourteen (14) working days to cure any delinquency. If the taxpayer fails to cure the delinquency within the fourteen (14) day period or fails to demonstrate good faith in restructuring the installment contract with the local administrator, the installment contract shall be canceled without further notice to the taxpayer.

36-2-14 STATUTE OF LIMITATIONS. The Village, through the local tax administrator, shall review all tax returns in a prompt and timely manner and inform taxpayers of any amounts due and owing. The taxpayer shall have forty-five (45) days after receiving notice of the reviewed tax returns to make any request for refund or provide any tax still due and owing.

(A) No determination of tax due and owing may be issued more than four (4) years maximum after the end of the calendar year for which the return for the applicable period was filed or for the calendar year in which the return for the applicable period was due, whichever occurs later.

(B) If any tax return is not filed or if during any four (4) year period for which a notice of tax determination or assessment may be issued by the Village, the tax paid was less than seventy-five percent (75%) of the tax due, the statute of limitations shall be six (6) years maximum after the end of the calendar year in which return for the applicable period was due or end of the calendar year in which the return for the applicable period was filed.

(C) No statute of limitations shall not apply if a fraudulent tax return was filed by the taxpayer.

36-2-15 VOLUNTARY DISCLOSURE. For any locally imposed and administered tax for which a taxpayer has not received a written notice of an audit, investigation, or assessment form the local tax administrator, a taxpayer is entitled to file an application with the local tax administrator for a voluntary disclosure of the tax due. A taxpayer filing a voluntary disclosure application must agree to pay the amount of tax due, along with interest of one percent (1%) per month, for all periods prior to the filing of the application but not more than four (4) years before the date of filing the application. A taxpayer filing a valid voluntary disclosure application may not be liable for any additional tax, interest, or penalty for any period before the date the application was filed. However, if the taxpayer incorrectly determined and underpaid the amount of tax due, the taxpayer is liable for the underpaid tax along with applicable interest on the underpaid tax, unless the underpayment was the result of fraud on the part of the taxpayer, in which case the application shall be deemed invalid and void. The payment of tax and interest must be made by no later than ninety (90) days after the filing of the voluntary disclosure application or the date agreed to by the local tax administrator. However, any additional amounts owed as a result of an underpayment of tax and interest previously paid under this Section must be paid within ninety (90) days after a final determination and the exhaustion of all appeals of the additional amount owed or the date agreed to by the local tax administrator, whichever is longer.

36-2-16 PUBLICATION OF TAX ORDINANCES. Any locally administered tax ordinance shall be published via normal or standard publishing requirements. The posting of a tax ordinance on the Internet shall satisfy the publication requirements. Copies of all tax ordinances shall be made available to the public upon request at the Village Clerk’s office.

36-2-17 INTERNAL REVIEW PROCEDURE. The local tax administrator shall establish an internal review procedure regarding any liens filed against any taxpayers for unpaid taxes. Upon a determination by the local tax administrator that the lien is valid, the lien shall remain in full force and effect. If the lien is determined to be improper, the local tax administrator shall:

(A) timely remove the lien at the Village’s expense;

(B) correct the taxpayer’s credit record; and

(C) correct any public disclosure of the improperly imposed lien.

36-2-18 APPLICATION. This Chapter shall be liberally construed and administered to supplement all of the Village’s tax ordinances. To the extent that any tax ordinance is in conflict with or inconsistent with this Chapter, this Chapter shall be controlling.

ARTICLE III

SIMPLIFIED MUNICIPAL TELECOMMUNICATIONS TAX

36-3-1 TERMS AND DEFINITIONS.

The various terms and terminologies used in this Article shall have same meaning and definition as those same terms and terminologies are used and defined by the Illinois Simplified Municipal Telecommunications Tax Act as enacted and subsequently amended, or as may be amended hereafter.

36-3-2 SIMPLIFIED MUNICIPAL TELECOMMUNICATIONS TAX IMPOSED.

A tax is hereby imposed as of July 1, 2010 upon any and all the following acts or privileges:

(a) The act or privilege of originating in such municipality or receiving in such municipality intrastate telecommunications by a person, at a rate of 6.00% of the gross charge for such telecommunications purchased at retail. To prevent actual multimunicipal taxation of the act or privilege that is subject to taxation under this subsection, any taxpayer, upon proof that the taxpayer has paid a tax in another municipality on that event, shall be allowed a credit against any tax enacted pursuant to or authorized by this Section to the extent of the amount of the tax properly due and paid in the municipality that was not previously allowed as a credit against any other municipal tax. However, such tax is not imposed on such act or privilege to the extent such act or privilege may not, under the Constitution and statutes of the United States, be made the subject of taxation by municipalities in this State.

(b) The act or privilege of originating in such municipality or receiving in such municipality interstate telecommunications by a person, at a rate of 6.00% of the gross charge for such telecommunications purchased at retail. To prevent actual multistate or multimunicipal taxation of the act or privilege that is subject to taxation under this subsection, any taxpayer, upon proof that the taxpayer has paid a tax in another state or municipality in this State on such event, shall be allowed a credit against any tax enacted pursuant to or authorized by this Section to the extent of the amount of such tax properly due and paid in such other state or such tax properly due and paid in a municipality in this State which was not previously allowed as a credit against any other state or local tax in this State. However, such tax is not imposed on the act or privilege to the extent such act or privilege may not, under the Constitution and statutes of the United States, be made the subject of taxation by municipalities in this State.

(c) The tax hereby imposed shall be collected and enforced by the Department of Revenue of the State of Illinois. The Illinois Department of Revenue shall have full power to administer and enforce the provisions of this ordinance.

36-3-3 COLLECTION OF TAX BY RETAILERS.

The tax authorized by this Ordinance shall be collected in the manner as prescribed by the Illinois Simplified Municipal Telecommunications Tax Act as enacted and subsequently amended, or as may be amended hereafter, and by the relevant accompanying rules and regulations created by the Illinois Department of Revenue to implement the Act.

36-3-4 RETURNS TO DEPARTMENT.

The tax imposed under this Ordinance on telecommunication retailers shall be returned with appropriate forms and information in the manner as is required by the Illinois Department of Revenue pursuant to the Illinois Simplified Municipal Telecommunications Tax Act as enacted and subsequently amended, or as may be amended hereafter, and any accompanying rules and regulations created by the Illinois Department of Revenue to implement the Act.

36-3-5 RESELLERS.

(a) If a person who originates or receives telecommunications claims to be a reseller of such telecommunications, such person shall apply to the Illinois Department of Revenue for a resale number. Such applicant shall state facts which will show the Department why such applicant is not liable for tax authorized by this Act on any of such purchases and shall furnish such additional information as the Department may reasonably require.

(b) Upon approval of the application, the Department shall assign a resale number to the applicant and shall certify such number to the applicant. The Department may cancel any number which is obtained through misrepresentation, or which is used to send or receive such telecommunication tax-free when such actions in fact are not for resale, or which no longer applies because of the persons having discontinued the making of resales.

(c) Except as provided hereinabove in this Section, the act or privilege of originating or receiving telecommunications in this State shall not be made tax-free on the ground of being a sale for resale unless the person has an active resale number from the Department and furnishes that number to the retailer in connection with certifying to the retailer that any sale to such person is non-taxable because of being a sale for resale.

(Ord. #648, 12/10/2009)

CHAPTER 37

INDUSTRIAL FUND AND INDUSTRIAL COMMISSION

37-1-1 ESTABLISHMENT OF FUND . There is hereby created a fund to be known as the “Industrial Fund” which shall be used for the purposes of carrying out and financing the powers conferred upon the Village by the aforesaid statute and for no other purposes. Said fund shall consist of such sums of money as may be authorized by statute and also such other sums of money as the Board of Trustees may hereafter transfer from the General Corporate Fund of the Village for the acquisition, purchase, construction, reconstruction, improvement, betterment and extension, or financing thereof, of industrial projects and the acquisition of land for industrial purposes, or the financing thereof, and all rentals, interest, income and dividends from the sale, lease or conveyance of any properties acquired thereby and such other sums as may by law be provided for the acquisition, purchase, construction, reconstruction, improvement, betterment and extension, or financing thereof, of industrial projects and the acquisition of land for industrial purposes, or the financing thereof.

37-1-2 ESTABLISHMENT OF COMMISSION . That from and after the effective date of Ordinance #317A (i.e. April 6, 1984) all of the powers conferred upon the Village of Louisville by the aforesaid statute and the fund hereby created shall be administered by an Industrial Commission, which shall be designated as the “Louisville Industrial Commission”, upon the approval of the Board of Trustees.

37-1-3 COMPOSITION OF COMMISSION . The Industrial Commission shall consist of five members, one of whom shall be the President of the Board of Trustees of the Village of Louisville, who shall serve as a member thereof during his term of office as President of the Board of Trustees. All appointments to the Industrial Commission shall be made by the President of the Board of Trustees of the Village of Louisville, with the advice and consent of the Board of Trustees. The terms of the other four members of the Industrial Commission shall be for an initial two year term for two of’said members and the remaining two members shall be for a term of four years. The President of the Board of Trustees is to determine and designate which members are to be appointed for the two year term and for the four year term, and thereafter their successors to be appointed for four year term, each member to serve until his successor is appointed and shall have qualified by the acceptance of his appointment. Terms of office shall coincide with the beginning of the fiscal year noted hereafter. In the event of a vacancy occurring upon said Commission, the vacancy shall be filled for an unexpired term by the President of the Board of Trustees with the advice and consent of the Board of Trustees. The majority of the Commission shall constitute a quorum and the Commission shall adopt rules and bylaws governing the time and place of its meetings and the conduct thereof. The fiscal year of said Commission shall begin on May 1 of each year and shall end on April 30 of each following year.

37-1-4 QUALIFICATIONS . A Commission member shall either be a resident of the Village of Louisville or reside within an area of six miles from the corporate limits of the Village of Louisville, Illinois. No member of the Commission shall be entitled to any compensation for services rendered as a member of the Commission, but said members shall be entitled to reimbursement for expenses made on behalf of the Village of Louisville or expenses incurred in the discharge of their duties as members of said Commission.

37-1-5 ORGANIZATION . The Commission shall organize by the election of one of its members as Chairman, one as Vice-chairman and one as Secretary at the first meeting of the Commission, and annually thereafter. The Treasurer of said fund shall be the Treasurer of the Village of Louisville. The Chairman or any two members of the Commission may call special meetings of the Commission. Provision shall be made in the bylaws for holding regular meetings not less than once a month, of which special notice need not be given. The Commission shall cause all accounts, records and books concerning the management, operation and disbursement of the Industrial Fund to be audited by a certified public accountant annually, the audit to be made at the end of each fiscal year of the Village of Louisville.

37-1-6 AUTHORITY . The Commission shall have full and complete supervision, management and disbursement of the Industrial Fund and the property acquired thereby, subject, however, to approval thereof by the Board of Trustees.

37-1-7 PROJECT RECOMMENDATION . All contracts for, or acquisition, purchase construction, reconstruction, improvement, betterment, or extension, or financing thereof, of any industrial project or lands acquired for industrial purposes, or the lease, rental, sale or conveyance of such building or lands acquired for industrial purposes by the Village, shall be only upon recommendation of the Commission, which shall consider and submit the same to the Board of Trustees for its approval, and the Board of Trustees shall authorize such contract for, or acquisition, purchase, construction, reconstruction, improvement, betterment, extension, lease, rental, sale or conveyance, or any financing thereof, by the Commission according to law. All proceeds or rentals from the sale, lease, rental or conveyance of industrial projects or lands acquired for industrial purposes of the Village shall be collected and accounted for by the Commission and shall be paid into the Industrial Fund, there to be used in accordance with the terms of this Chapter.

37-1-8 USE OF ATTORNEY AND CLERK. The Board of Trustees shall make available to said Commission the duly appointed Village Attorney for the Village of Louisville, Illinois. The Clerk of the Village of Louisville, Illinois, shall keep and maintain the records of said Commission in addition to his or her duties as Village Clerk of the Village of Louisville, Illinois.

37-1-9 CHANGE OF COMMISSION BOARD MEMBERSHIP. The Village recognizes that at times it is difficult to maintain adequate membership in the Commission. Consequently, if at any time the number of active members of the Commission is fewer than four members, including the Mayor, then the Mayor may discharge all the current members of the Commission with the advice and consent of the Board of Trustees of the Village of Louisville. In that event, the Mayor and Board of Trustees of the Village of Louisville shall assume all duties and responsibilities of the Industrial Commission. The Mayor may re-institute and appoint new members to the Industrial Commission if he has an adequate number of persons who are willing and able to serve as members of the same, but only with the advice and consent of the Board of Trustees of the Village of Louisville. As of May 10, 2007, it shall be deemed that there are no properly appointed members to Industrial Commission and that the Board of Trustees has assumed all duties and responsibilities of said Board.

(Ord. #594, 5/10/2007)

CHAPTER 38

WATER AND SEWER UTILITIES

ARTICLE I – DEPARTMENT ESTABLISHED

38-1-1 DEPARTMENT ESTABLISHED. There shall be an executive department of the Village known as the Water and Sewer Department. It shall include the Water and Sewer Superintendent and employees of the Department. The designated office shall be the Village Hall.

38-1-2 WATER AND WASTEWATER COMMITTEE. The Village Superintendent shall exercise a general supervision over the affairs of the Departments. He shall ascertain the condition and needs thereof; and shall, from time to time, report the same to the Mayor and Village Board so that a full understanding thereof shall be had; and generally, shall do all acts necessary to promote the efficiency of the Departments.

38-1-3 SUPERINTENDENT. The Superintendent of the Water and Sewer Departments shall be subject to the supervision of the Village Board and shall be hereinafter be referred to as the “Superintendent”. The Superintendent shall be appointed by the Mayor, by and with the advice and consent of the Village Board and shall hold office until his successor is appointed and qualified. He shall receive such salary as may be provided by ordinance.

38-1-4 DUTIES OF THE SUPERINTENDENT. The Superintendent shall exercise general management and control over his respective department.

(A) He shall supervise over and be responsible for the conduct and performance of all employees of the department as a Department Head in accordance with the Personnel Code, if any.

(B) He shall be responsible for the operation and maintenance of the Village ‘s water system and sewer system as provided in this Code.

(C) He shall be the custodian of all vehicles, equipment, structures, and property provided by the Village for the use of his department.

(D) He shall enforce the provisions of this Chapter and make such inspections, measurements, and tests as necessary for that purpose.

(E) He shall perform such other duties as may be assigned to him by the provisions of this Code or by the Village Board.

ARTICLE II – RATES AND REGULATIONS

38-2-1 CONTRACT FOR UTILITY SERVICES.

(A) Customer Accepts Service. The rates, rules and regulations contained in this Chapter shall constitute and be considered a part of the contract with every person, company or corporation who is supplied with water and sewer services from the waterworks and sewer system and every person, company or corporation, hereinafter called a “customer” who accepts and uses Village water and sewer services shall be held to have consented to be bound thereby.

(B) Not Liable for Interrupted Service. The Department shall endeavor at all times to provide a regular and uninterrupted supply of service, however, in case the supply of service shall be interrupted or irregular or defective or fail from causes beyond its control or through ordinary negligence of employees, servants or agents, the Departments shall not be liable therefor.

(C) Using Services Without Paying. Any person using utility services from the Village without paying therefor, or who shall be found guilty of breaking the seal of any meter or appurtenances, or bypassing any meter, shall be guilty of violating this Code, and upon conviction, shall be fined a sum as provided in Section 1-1-20 of the Revised Code.

(D) Destroying Property. Any person found guilty of defacing, tampering, injuring or destroying, or in any manner, limiting the use or availability of any meter or any property of the waterworks system and sewer system, or erecting signs on the property of the Department without permission shall, upon conviction of such act, be fined as provided in Section 1-1-20 of the Revised Code.

(E) Service Obtained By Fraud. All contracts for water and sewer services shall be made in the name of the head of the household, firm or corporation using the established spelling of that person’s or firm’s name. Attempts to obtain service by the use of other names, different spellings or by substituting other persons or firms shall be considered a subterfuge and service shall be denied. If service has been discontinued because of nonpayment of bills, or any unpaid obligation and service has again been obtained through subterfuge, misrepresentation or fraud, that service shall be promptly disconnected and the whole or such part of the advanced payment as may be necessary to satisfy the unpaid obligation shall be retained by the Village and credited to the appropriate account.

(F) Failure to Receive Bill. Failure to receive a bill shall not excuse a customer from his obligation to pay within the time specified. Should the Department be unable to bill a customer for services used during any month, the following billing shall include the charges for services used during the unbilled month.

(G) Request to Discontinue Service. Services shall have been deemed to have been supplied to any property connected to the Water and Sewer Systems during a month unless the customer notifies the Village ten (10) days prior to the first day of the new billing month in which the services are to be discontinued.

(H) Billing; Utility Shut-off; Hearing.

(1) All bills for utility services shall be due and payable upon presentation which will usually be the twentyth (20^th) day of the month. If a bill is not paid by the fourth (4^th) day of the following month, a penalty equal to ten percent (10%) of the amount due shall be added thereto. This penalty shall be in addition to the charges heretofore established for the utility services.

(2) Any customer who fails to pay the utility bills by the fifteenth (15^th) day of the month following presentation shall have the utility services disconnected after a written notice by the Village has been hand delivered or mailed by first-class mail to the customer, affording the customer an opportunity for a hearing. The aforesaid notice shall be mailed or hand delivered to the customer at the address of the utilities on the sixteenth (16^th) day of said month after billing, specifically advising the customer of the following:

(a) Name and address of the customer and amount of the bill.

(b) That the customer has a right to be heard and to present evidence in his behalf if he does not agree with the amount of the bill, or if he believes that the bill has already been paid in full.

(c) That it is the customers obligation to request a hearing.

(d) That, if the customer fails to request a hearing, the utilities will be discontinued on the date of termination. If the customer requests a hearing but fails to appear at the hearing, the customers utility service will be terminated immediately without further proceedings.

(e) The date and time of termination. Said date shall be either five (5) days from the date of mailing of the aforesaid notice, or two (2) days from the date of hand delivery. Hand delivery may be accomplished by attaching the notice to the front door of the building to which the utilities in question have been supplied.

(3) If a hearing is requested, the time, date and location of the hearing shall be determined by the Mayor or the Clerk, and the customer will be notified. One of these officials shall preside over the hearing and shall make a final determination as to the rights of the consumer and the Village based on the information received at the hearing. The customer must make a request for a hearing in writing delivered to the Village Hall during working hours at a time prior to the date and time of termination given in said notice; otherwise, the disconnection shall occur as scheduled without further notice.

(4) The customer shall be notified within two (2) working days of the decision rendered by the hearing officer. If the service is to be discontinued, a date and time will be set out in the notice to terminate the service or services of the customer. Notice of the hearing officer’s decision shall be made by first-class mail or by hand delivery as herein described.

(5) If the hearing officer decides in favor of the Village, the Village shall have the right to discontinue the customer’s utility services. Should the customer fail to appear at the

hearing, or should the notice be returned non-accepted, then the Village shall also have the right to terminate the customer’s utility services without further proceedings.

(6) If the customer who has been notified for nonpayment of utility bills is not the owner of record, then the Village shall also notify the owner of the property by first-class mail of the possible disconnection.

(7) Billing, Payment, Disconnection and Reconnection Procedures: Notwithstanding any other provision of this Municipal Code, the following conditions, restrictions and procedures shall apply in all cases.

[1] A disconnection and the filing of a lien may occur under any and all circumstances for a delinquent, unpaid utility bill as provided herein, regardless of whoever may be in possession of the subject premises at the time of disconnection, even if the premises in question was sold, leased or rented to some person other than the existing account holder at a time when said account holder was not delinquent in the payment of his utility account. After shutoff has occurred, the utilities services shall not be reconnected for any reason except upon payment of all utility bills and charges owed upon the property in question, together with any service reconnection charge that may be due as provided by village ordinance. All utilities charges for services provided to a premises shall be a personal obligation, on a joint and several basis, of both the current account holder and the actual owner of the premises. However, a current account holder who is not an actual owner of the premises, who is also vacating the premises, and who has not authorized some other person other than the actual owner of said premises to take possession of the property, may request that the village authorities shutoff the utilities services and terminate his account as of the date of his vacating of the premises, and thereby shall not be liable for any charges for utilities services provided thereafter said date.

[2] In the case of a change in occupancy of the premises, regardless of whether there are past due utilities for said premises, the new occupant (i.e. the new proposed account holder) shall not be charged with nor be required to pay the amounts due resulting from the prior occupancy, but nevertheless the utilities services shall not be placed into the new occupants name as account holder nor shall any disconnected utilities be reconnected until the Village receives payment from whatever source of all amounts and charges due, whether delinquent or not, for all utilities services provided to date to the premises under the old occupants account, together with any service reconnection charge that may be due as provided by village ordinance if the utility service has already been disconnected. If the new occupant takes possession of the premises without switching the utilities account into the new occupants name, any utilities used thereafter shall be a personal obligation chargeable to and due and payable by, on a joint and several basis, the old occupant if he authorized the new occupant to take possession, the new occupant, and the actual owner of said premises, and the utilities shall in all instances be subject to all shutoff, lien and reconnection procedures if the utilities become delinquent, regardless of who owns or occupies the property at the time of the disconnection. All persons who own or hold an interest in real estate within the Village limits or in real estate which is provided Village utilities services shall inform and give notice to any person desiring to purchase, lease or rent such real estate of the requirements and restrictions of this Subparagraph 7 of Paragraph (H) of Section 38-2-1, and this duty to so inform and give notice shall be deemed a provision of every contract, whether written or oral, for the purchase, leasing or renting of such real estate located within the Village limits or which is provided Village utilities services. All persons taking ownership or possession of any real estate located within the Village limits or of real estate which is provided Village utilities services shall take subject to the provisions of this Article. The Village Clerk shall provide a computation of the utilities charges due to date for any premises served by a Village utility system upon the request of any person interested in purchasing, leasing or renting such premises. A copy of the Ordinance establishing this Subparagraph 7 of Paragraph (H) of Section 38-2-1, properly certified by the Village Clerk, shall be recorded in the Office of the Recorder of Clay County, Illinois and shall be deemed additional notice, separate from the normal publication of ordinances by pamphlet procedure, given to all owners of or holders of an interest in any real estate located as above described and also to all persons interested in purchasing, leasing or renting any real estate located as above described, of the requirements and restrictions of this Subparagraph 7 of Paragraph (H) of Section 38-2-1 of the Village of Louisville, Illinois. This requirement of recording said ordinance shall be considered directory only and not mandatory, and it shall not be considered as establishing any requirement or policy that any future ordinances or amendments to ordinances, including this ordinance, lawfully passed by village authorities, must also be recorded in said Recorders Office. (Ord. No. 622, 4/10/2008)

[3] The fee to reconnect a disconnected water service shall be Twenty-Five Dollars ($25.00), plus any expenses incurred in the actual physical reconnection of the water service. Similarly, the fee to reconnect a disconnected sewer service shall be Twenty-Five Dollars ($25.00), plus any expenses incurred in the actual physical reconnection of the sewer service.

(8) A delinquent account for water and sewer utility charges shall be considered a delinquent account for gas utility services, and any disconnection made by the Village under this Paragraph (H) shall be made for all utility services supplied to that location; however, no gas service furnished to residential users shall be terminated for nonpayment of bills on (i) any day when the National Weather Service forecast for the following 24 hours covering the area in which the residence is located includes a forecast that the temperature will be 20 degrees Fahrenheit or below; or (ii) any day preceding a holiday or weekend when such a forecast indicates that the temperature will be 20 degrees Fahrenheit or below during the holiday or weekend.

(Ord. No. 584, 7/26/2006; Ord. No. 622, 4/10/2008)

(I) Lien Notice. Whenever a bill for utility services remains unpaid for sixty (60) days after it has been rendered, the Clerk shall file with the County Recorder of Deeds a statement of lien claim. This statement shall contain the legal description of the premises served, the amount of the unpaid bill, and a notice that the municipality claims a lien for this amount to the period covered by the bill.

If the consumer of utility services whose bill is unpaid is not the owner of the premises and the Clerk has notice of this, then notice shall be mailed to the owner of the premises if his address is known to the Clerk whenever such bill remains unpaid for a period of thirty (30) days after it has been rendered.

The failure of the Clerk to record such lien or to mail such notice, or the failure of the owner to receive such notice shall not affect the right to foreclose the lien for unpaid utility bills as mentioned herein.

(J) Foreclosure of Lien. Property subject to a lien for unpaid utility charges may be sold for non-payment of the same, and the proceeds of such sale shall be applied to pay the charges, after deducting costs, as is the case in the foreclosure of statutory liens. Such foreclosure shall be by bill-in-equity in the name of the Village.

The Village Attorney is hereby authorized to institute such proceedings in the name of the Village in any Court having jurisdiction over such matters against any property for which the bill for utility services has remained unpaid ninety (90) days after it has been rendered. (Ord. No. 310; 1977 in part)

38-2-2 CONSUMER LISTS.It is hereby made the duty of the Clerk to prepare or cause to be prepared a complete and accurate list of all premises and properties receiving utility services, showing the name and address of the occupant and the owner of the same. The list shall be kept up-to-date, and shall be corrected from time to time to allow changes in the occupancy or ownership of any such property or premises. It shall be presented at the regular monthly meeting if requested.

38-2-3 LIABILITY FOR CHARGES. The owner of any lot, parcel of land or premises and the user of the services shall be jointly and severally liable for the payment of the services to such lot, parcel of land or premises, and all services are rendered to the premises by the Village only on the condition that such owner, occupant and user shall be jointly and severally liable therefor to the Village. (Ord Nos. 309 and 310; 1977)

38-2-4 ESTIMATED CHARGE. Whenever any meter, by reason of its being out of repair or from any cause fails to properly register the utilities passing through the same, the consumer shall be charged the average charge of the previous three (3) months usage. If no record of the previous three (3) months exists, then it shall be the duty of the Clerk to estimate the amount of utilities consumed during the time the meter fails to operate and the consumer shall be charged with such estimated amount. Bills may be estimated whenever it is impossible to read the meters during inclement weather.

38-2-5 NO FREE UTILITY SERVICE. No free utility service shall be furnished to any person, public or private, and all rates and charges shall be non-discriminatory, provided that the Mayor and Village Board reserve the right to impose special rates and charges in cases where particular circumstances render the regular rates inadequate or unjust.

38-2-6 SUPPLYING SERVICES TO OTHER PARCELS. It shall be unlawful for any owner or resident of any parcel of real estate in the Village to supply any other parcel of real estate or household with water, sewer or gas utilities by any means from that owner’s or resident’s said parcel. In addition, it shall be unlawful for any owner or resident of any parcel of real estate to utilize the Village’s sewage system without said parcel being lawfully supplied with water by the Village. (Ord. No. 521; 06-11-02)

38-2-7 WATER AND SEWER UTILITY PAYMENT DEPOSITS.

(A) Property Owners. The owners who own the land and building thereon shall not be required to make a deposit for the payment of water and sewer utilities.

(B) Renters and Other Occupants. Renters and other occupants, who rent or otherwise occupy the building or land upon which a meter is located, including any person or entity purchasing the land on contract for deed, but not including any governmental entity which is renting or otherwise occupying a building or land which it does not own, shall make the following deposits for the payment of water and sewer utilities, said deposits to be made before obtaining connection to said utilities:

Water $50.00

Sewer 50.00

(Ord. No. 584, 7/27/2006)

(C) Refund Policy. In the event the renter pays the utility bills for thirty-six (36) consecutive months with no late payments, the deposit or deposits for water and sewer utilities shall be returned to the renter.

(D) Disconnection Policy. If any service is disconnected a second time in any calendar year, regardless of whether the renter or other occupant has a utility deposit with the Village, prior to reconnection that person shall deposit with the Village an amount that is double the normal deposit amount for that service. As to any landowner who has the service disconnected a second time in any calendar year, prior to reconnection the landowner shall make the normal utility deposit. The deposit described in this Section shall remain with the Village until such time as the accountholder has paid the utility bills for thirty-six (36) consecutive months with no late charges.

(E) Security for Payment – No Interest. The deposits made under the provisions of this Chapter shall be held by the Village as security for the payment of utility services used by the applicant upon the premises to which his application pertains, and may be so applied when any default is made in the payment in the utilities bill in accordance with this Chapter. The depositor shall earn no interest on the deposit.

ARTICLE III – WATER SYSTEM

DIVISION I – GENERAL REGULATIONS

38-3-1 APPLICATION FOR TAPS AND SERVICE CONNECTIONS TO THE WATERWORKS SYSTEM. An applicant desiring a water tap or service connection with the Waterworks System of the Village shall file a written application at the Village Hall, signed by the owner of the property for which the tap or service connection is desired, or by the duly authorized agent of such owner. The application shall be accompanied by payment of the fee hereinafter prescribed to cover the cost of such service connection. In the event the application is made by an agent for the owner, then the application shall also be accompanied by the written authority of the owner to the agent for the making of the application.

38-3-2 ALL SERVICE TO BE BY METER. All water service, whether for domestic, commercial or industrial use shall be metered. All meters shall be so placed and installed as to render the same accessible at all times for the purpose of reading or repairing and so as to be free from danger of freezing. Meters outside of a building shall be set in a suitable meter box approved by the Water and Sewer Committee. Water shall not be turned on for new connections until the meter has been installed and all other requirements of this Chapter on the part of the property owner have been fully complied with.

38-3-3 INSPECTION.

(A) Access to Premises. The Village shall have access to all portions of the premises of the consumer at any reasonable time for inspection of the use of water and the consumer’s pipe, fixtures, plumbing, and any other apparatus in any manner connected to the Waterworks System of the Village. The Village shall have the right and option to demand change or stopping of use or to require any repair, change, removal or improvement of any pipe, fixture, plumbing or other apparatus that would in any manner affect the water supply or system of the Village or the supply or fixtures of other consumers.

(B) Meters to be Open to Inspection. All water meters and water fixtures, connections and appurtenances on private property connected with the Waterworks System of the Village shall be open to the inspection of the proper officers and employees of the Village at all reasonable hours.

38-3-4 METER DAMAGED. Whenever a meter is found to have been damaged by hot water being forced back into it from the consumer’s hot water or heating apparatus or for any other cause within control of the consumer, the consumer shall pay the Village for the actual cost of the removal, repair, and replacement of the damaged meter and all previous water bills shall be corrected on an estimated basis to cover such period as it appears that the meter was out of order for such damage.

38-3-5 DAMAGE DUE TO INTERRUPTION OF SERVICE; LIABILITY. All connections for the water services applied for hereunder and all connections now attached to the present Village Waterworks System and all use or service of the system shall be upon the express condition that the Village will not be liable for nor shall any claim be made against it for damages or injury caused by reason of the breaking of any main, service, pipe, apparatus or appurtenance connected with the Waterworks System or for any interruption of the supply of water by reason of the breaking of machinery or by reason of stoppages, alterations or renewals.

38-3-6 RESALE. No water shall be resold or distributed by the recipient or consumer thereof from the Village supply to any premises other than that for which application has been made and the meter installed, except in cases of emergency.

38-3-7 DISCONTINUING SERVICE – DANGEROUS USAGE. The Village shall have the right to refuse water service or to discontinue water service, without notice, at any time to any consumer if the Village finds any apparatus or appliances, the operation of which will be detrimental to the water system of the Village or to any or all of its consumers. Standpipes, hydrants, gate valves and any other apparatus that cause water hammer or any danger to the water system or other customer’s plumbing shall be immediately repaired or removed upon notice from the Village or, at its option, the Village may immediately discontinue service without notice and without any liability for direct or resulting damages therefrom.

38-3-8 ELECTRIC GROUND WIRES. All persons are strictly forbidden to attach any electric ground wire to any plumbing or water piping which is or may be connected to any water service pipe, water meter, or water main belonging to the Village.

The Village shall hold the owner of the premises responsible and liable for any damage to the property or injury to the employees of the Village caused by such ground wire. Any and all owners and consumers shall remove any existing ground wires immediately upon written notice from the Village. If not so disconnected five (5) days after notice, the Village, through its officials, may enter the property and remove such ground wires and the consumer shall pay all costs.

38-3-9 WATER FOR BUILDING OR CONSTRUCTION PURPOSES. Applicants desiring to use water from the Village Waterworks System for building or construction purposes shall make application therefor to the Superintendent of the Water and Sewer Department on a form provided by the Water and Sewer Department for that purpose.

Upon a permit being granted, the service pipe shall be carried at the expense of the applicant to the inside of the curb line where a service cock and meter shall be placed with pipe leading to the surface and a faucet placed at the end thereof above the surface. When the building or construction is completed, the faucet and meter shall be removed and the water shut off unless permanent connection is made in accordance with the provisions of this Chapter. Charge for the use and connection of the meter shall be prescribed by the Superintendent of the Water and Sewer Department.

38-3-10 FIRE HYDRANTS.

(A) All public fire hydrants with gate valves, tees, and connections from the main, inside the Village Limits, shall be owned, maintained and used only by the Village and shall be solely responsible for same. Use of water from fire hydrants by contractors and others shall be only upon permission by the Village and after approved application to the Village.

(B) The Village shall not be held liable and will not assume any responsibility for the condition of any fire hydrant inside or outside of the Village Limits or the pressure or amount of water obtainable therefrom or any damage either direct or resultant because of the condition, pressure or amount of water available at any fire hydrant.

(C) All public fire hydrants located outside the Village Limits owned by the Village shall be maintained in as good order as reasonably possible, but the Village will not undertake or assume any responsibility or liability for their condition or use or abuse. Such public fire hydrants shall be used only for the purpose of extinguishing fires except when the Village may issue a special permit for their use to contractors who shall then be responsible for the hydrants and the use of water from them.

38-3-11 LIMITED WATER USAGE IN EMERGENCIES.

(A) The Mayor is hereby authorized to proclaim the existence of an emergency whenever it appears that the Village water supply is inadequate for all general uses and purposes, which proclamation shall be published in a newspaper of general circulation in the community and the Mayor is further authorized to declare in similar manner the end of an emergency period.

(B) From and after the publication of a proclamation as provided for in subsection (A) of this Section, the following uses of water shall be prohibited:

(1) the washing of cars and other vehicles; (2) the sprinkling of lawns and shrubbery;

(3) the watering of gardens;

(4) other nonessential uses;

and it shall be unlawful for any person to so use water from the Village supply during such an emergency.

38-3-12 SHORTAGE AND PURITY OF SUPPLY. The Village shall not be held responsible for or in any manner liable to any person, company, consumer or public body for any claim or damage, either direct or resultant because of any shortage of water supply, any shutoff of water for any reason, any bursting or leakage of either the consumer’s or Village ‘s mains, pipes and fixtures, any pollution or impurity in water supply or any fire or water damage.

38-3-13 NON-COMPLIANCE WITH RULES AND REGULATIONS. If any consumer fails to comply with any of the rules and regulations in force, the Village shall notify the consumer of such failure. If the consumer does not remedy the same as the rules provide and within a reasonable time, the Village shall have the right to discontinue service. Except in case of non-payment, emergency, necessity, or as otherwise provided, the Village will not discontinue service for violation of any rule until five (5) days after notice has been given and the violation has not been remedied.

38-3-14 EASEMENTS. The consumer shall give such easements and rights-of-way as necessary to the Village and allow access for the purpose of construction, repair, maintenance, meter reading, relocation or expansion of the water system. The necessity shall be determined by the Village Board.

38-3-15 USE OF WATER ON CONSUMER’S PREMISES. The Village shall reserve the right to use the water from the consumer’s facilities at any time deemed necessary. No charge shall be made by the consumer for the use of the facilities and no charge shall be made by the Village for the water used by the Village.

38-3-16 REMOVAL OF METERS. All meters shall remain the property of the department and may be removed from the customer’s premises at any time without notice for the purpose of testing and repairing the same or upon discontinuance of service. Upon discovery of any unlawful act by any customer, his agent, or employee herein prohibited or upon failure to comply with any other rules and regulations of the department, such service shall be disconnected.

38-3-17 RULES TO BECOME PART OF CONTRACT. All of the rules and regulations concerning the use of the facilities of the water system and the consumption of water shall be adopted and the same shall become part of the contract with every water consumer and every water consumer shall be considered to take water from the Village, subject thereto and bound thereby.

38-3-18 INSTALLING AND MAINTAINING SERVICE LINES. The user shall be responsible for installation and maintenance of service lines between the meter and the residence or business. Such service lines must be at least three-fourths inch (3/4″) in diameter, and must be installed at a minimum depth of three (3) feet. Service lines must have a minimum working pressure rating of 160 psi at 73.4 degrees F and must be constructed of one of the following types of materials: Copper, (Type K), polyvinyl chloride (PVC), polyethylene or polybutylene. Service lines shall not be covered until they are inspected and approved by the Superintendent.

The user shall not connect any service line or any plumbing connected with the service line to any other water source. The service line shall meet all requirements of the Illinois Environmental Protection Agency’s rules and regulations, the Illinois Plumbing Code, and the regulations in this Chapter. (Ord. No. 309; 1977)

38-3-19 ALLOCATION OF MAINTENANCE COSTS BETWEEN USER AND VILLAGE . The Village shall maintain and repair all water service pipes between the water mains and the curb lines. Any repairs to service lines or taps between the water mains and the sidewalk or property line shall be the Village ‘s expense. Any repairs or renewals of water service pipes between the property line or curb line and extending to the owner’s premises shall be made at the sole expense of the consumer or owner of the premises.

38-3-20 VILLAGE NOT LIABLE FOR INTERRUPTION OF SUPPLY. The Village shall have the right to shut off the supply of water whenever it is necessary to make repairs, improvements, enforce rules or for any notice as circumstances allow, will be given to consumers but in emergencies, the water may be shut off without notice. All hot water faucets shall be left open during any shut-off to prevent damage to plumbing. Such necessary work will be done as rapidly as may be practical and whenever feasible at such times as will cause the least inconvenience. The Village shall not be held responsible for or liable because of any shut-off of supply for any direct or resultant damages to any person, company or consumer or to any pipe, fixtures, or plumbing.

Water for steam boilers, gas engines, ice plants, or other industrial use, shall not be furnished by direct pressure from the mains, but only to tanks holding ample reserve supply. Should any equipment be supplied direct from mains, then in case of any shutoff of water, the Village will not be held responsible or liable for any direct or resulting damage because of interrupted supply, insufficient pressure, or otherwise.

Whenever water mains, pipes and service connections are taken up, shut-off or interfered with by reason of any Village street improvements, the Village will endeavor to maintain service so far as reasonably possible, but will not be directly or indirectly liable for any interruption, poor pressure, or damage of any kind either to consumers, adjacent or to other consumers affected thereby.

The Village expressly stipulates with all its consumers and other persons that it will not insure or be responsible or liable in any manner for any losses, or damages, direct or resultant by reason of any fire, and all water service furnished shall always be conditional upon acts of God, inevitable accidents, fire, strikes, riots, war, or any other cause not within the reasonable control of the Village.

38-3-21 WATER WELL PERMITS REQUIRED. It shall be unlawful to drill a water-well in the Village without the proper permits from the State of Illinois and the Village Board. All wells shall comply with the Cross-Connection Code in this Chapter. No wells shall be drilled when the property is within two hundred (200) feet of the municipal water main.

38-3-22 ABANDONED CONNECTION. Whenever any connection to the waterworks system is abandoned, because the building to which the water connection is made has been abandoned, destroyed or removed, the Superintendent may remove the meter and any pipe or connections in the public right-of-way or easement, and cap, plug or otherwise seal the pipe or main. Before taking any such steps the Superintendent shall notify the owner of the real estate if the owner’s name and address is known, and shall notify the person shown on the real estate tax records as having paid taxes on the property the last time taxes were paid. Such notice shall be made by mail, at least thirty (30) days before any action is taken under this Section. If water is leaking, the Superintendent shall take immediate action, and send the notices within three (3) working days of the time action was taken.

DIVISION II – CROSS-CONNECTION ADMINISTRATION

38-3-23 APPROVED BACKFLOW DEVICE. All plumbing installed within the Village shall be installed in accordance with the Illinois Plumbing Code, 77 Ill. Adm. Code 890. If, in accordance with the Illinois Plumbing Code or in the judgment of the Inspector, an approved backflow prevention device is necessary for the safety of the public water supply system, the Inspector shall give notice to the water customer to install such an approved device immediately. The water customer shall, at his own expense, install such an approved device at a location and in a manner in accordance with the Illinois Plumbing Code, Illinois Environmental Protection Agency and all applicable local regulations, and shall have inspections and tests made of such approved devices upon installation and as required by the Illinois Plumbing Code, Illinois Environmental Protection Agency and local regulations.

38-3-24 CROSS-CONNECTION PROHIBITED; EXCEPTION. No person shall establish or permit to be established or maintain or permit to be maintained any connection whereby a private, auxiliary or emergency water supply other than the regular public water supply enters the supply or distribution system of the Village, unless such private, auxiliary or emergency water supply and the method of connection and use of such supply shall have been approved by the Superintendent and the Illinois Environmental Protection Agency.

38-3-25 INVESTIGATIONS BY SUPERINTENDENT. It shall be the duty of the Superintendent to cause surveys and investigations to be made of commercial industrial and other properties served by the public water supply to determine whether actual or potential hazards to the public water supply may exist. Such surveys and investigations shall be made a matter of public record and shall be repeated at least every two (2) years or as often as the Inspector shall deem necessary. Records of such surveys shall be maintained and available for review for a period of at least five (5) years.

38-3-26 RIGHT TO ENTER PREMISES. The approved cross-connection control device inspector shall have the right to enter at any reasonable time any property served by a connection to the public water supply or distribution system for the purpose of verifying the presence or absence of cross-connections and that the Inspector or his 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 for the purpose of verifying information submitted by the customer regarding the required cross-connection control inspection. On demand, the owner, lessee or occupants of any property so served shall furnish to the Inspector any information which he 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 Inspector, be evidence of the presence of improper connections as provided in this Chapter.

38-3-27 NOTICE TO CUSTOMER; RECONNECT FEE.

(A) The Village Clerk is hereby authorized and directed to discontinue, after reasonable notice to the occupant thereof, the water service to any property wherein any connection in violation of the provisions of this Chapter is known to exist, and to take such other precautionary measures as he may deem necessary to eliminate any danger of contamination of the public water supply distribution mains. Water service to such property shall not be restored until such conditions have been eliminated or corrected in compliance with the provisions of this Chapter and until a reconnection fee of One Hundred Dollars ($100.00) is paid to the Village Clerk.

(B) Immediate disconnection with verbal notice can be effected when the Inspector is assured that imminent danger of harmful contamination of the public water supply system exists. Such action shall be followed by written notification of the cause of disconnection. Immediate disconnection without notice to any party can be effected to prevent actual or anticipated contamination or pollution of the public water supply, provided that, in the reasonable opinion of the Inspector or the Illinois Environmental Protection Agency, such action is required to prevent actual or potential contamination or pollution of the public water supply.

(C) The public water supply, the Inspector or the agents or assigns shall not be liable to any customer for any injury, damages or lost revenues which may result from termination of the customer’s water supply in accordance with the terms of this Chapter, whether or not said termination was with or without notice.

38-3-28 CONTAMINATIONS COST AND THE CONSUMER. The consumer responsible for backsiphoned material or contamination through backflow, if contamination of the potable water supply system occurs through an illegal cross-connection or an improperly installed, maintained or repaired device, or a device which has been bypassed, shall bear the cost of clean-up of the potable water supply system.

(Ord. No. 383; 02-06-86)

38-3-29 – 38-3-30 RESERVED.

DIVISION III – CROSS-CONNECTION CONTROL CODE

38-3-31 PURPOSE. The purpose of these Rules and Regulations is:

(A) To protect the public water supply system from contamination or pollution by isolating within the customer’s water system contaminants or pollutants which could backflow through the service connection into the public water supply system.

(B) To promote the elimination or control of existing cross-connections, actual or potential, between the public or consumer’s potable water system and non-potable water systems, plumbing fixtures and sources or systems containing substances of unknown or questionable safety.

(C) To provide for the maintenance of a continuing program of cross-connection control which will prevent the contamination or pollution of the public and consumer’s potable water systems.

38-3-32 APPLICATION. These Rules and Regulations shall apply to all premises served by the public potable water supply system of the Village.

38-3-33 RESPONSIBILITY OF OWNER. The owner or official custodian shall be responsible for protection of the public water supply system from contamination due to backflow or back-siphonage of contaminants through the customers water service connection. If, in the judgment of the Superintendent or his authorized representative, an approved backflow prevention device is necessary for the safety of the public water supply system, the Superintendent shall give notice to the consumer to install such approved backflow prevention device at each service connection to the premises. The consumer shall immediately install such approved device or devices at his own expense; failure, refusal or inability on the part of the consumer to install such device or devices immediately shall constitute grounds for discontinuing water service to the premises until such device or devices have been installed. The consumer shall retain records of installation, maintenance, testing and repair as required in Section 38-4-37(D) below for a period of at least five (5) years. The Superintendent of Water may require the consumer to submit a cross-connection inspection report to the Village to assist in determining whether or not service line protection will be required. All cross-connection inspections shall be conducted by a Cross-Connection Control Device Inspector certified by the Illinois Environmental Protection Agency.

38-3-34 DEFINITIONS. The following definitions shall apply in the interpretation and enforcement of these regulations:

“Fixed Proper Air Gap” means the unobstructed vertical distance through the free atmosphere between the water discharge point and the flood level rim of the receptacle.

“Agency” means Illinois Environmental Protection Agency.

“Approved” means backflow prevention devices or methods approved by the Research Foundation for Cross-Connection Control of the University of Southern California, Association of State Sanitary Engineers, American Water Works Association, American National Standards Institute or certified by the National Sanitation Foundation.

“Auxiliary Water System” means any water source or system on or available to the premises other than the public water supply system and includes the water supplied by the system. These auxiliary waters may include water from another purveyor’s public water supply system; or water from a source such as wells, lakes, or streams or process fluids; or used water. These waters may be polluted or contaminated or objectionable or constitute a water source or system over which the water purveyor does not have control.

“Backflow” means the backflow of water or other liquids, mixtures, or substances into the distribution pipes of a potable water system from any source other than the intended source of the potable water supply.

“Backflow Prevention Device” means any device, method, or type of construction intended to prevent backflow into a potable water system. All devices used for backflow prevention in Illinois must meet the standards of the Illinois Plumbing Code and the Illinois Environmental Protection Agency.

“Consumer” or “Customer” means the owner, official custodian or person in control of any premises supplied by or in any manner connected to a public water system.

“Consumer’s Water System” means any water system located on the customer’s premises. A building plumbing system is considered to be a customer’s water system.

“Contamination” means an impairment of the quality of the water by entrance of any substance to a degree which could create a health hazard.

“Cross-Connection” means any physical connection or arrangement between two otherwise separate piping systems, one of which contains potable water and the other a substance of unknown or questionable safety or quality, whereby there may be a flow from one system into the other.

“Direct Cross-Connection” means a cross-connection formed when a water system is physically joined to a source of unknown or unsafe substance.

“Indirect Cross-Connection” means a cross-connection through which an unknown substance can be forced, drawn by vacuum or otherwise introduced into a safe potable water system.

“Double Check Valve Assembly” means an assembly composed of single, independently acting check valves approved under ASSE Standard 1015. A double check valve assembly and suitable connections for testing the water-tightness of each check valve.

“Health Hazard” means any condition, device or practice in a water system or its operation resulting from a real or potential danger to the health and well-being of consumers. The word “severe” as used to qualify “health hazard” means a hazard to the health of the user that could be expected to result in death or significant reduction in the quality of life.

“Inspection” means a plumbing inspection to examine carefully and critically all materials, fixtures, piping and appurtenances, appliances and installations of a plumbing system for compliance with requirements of the Illinois Plumbing Code, 77 Ill. Admn. Code 890.

“Non-potable Water” means water not safe for drinking, personal, or culinary use as determined by the requirements of 35 Ill. Adm. Code 604.

“Plumbing” means the actual installation, repair, maintenance, alteration or extension of a plumbing system by any person. Plumbing includes all piping, fixtures, appurtenances and appliances for a supply of water for all purposes, including without limitation lawn sprinkler systems, from the source of a private water supply on the premises or from the main in the street, alley or at the curb to, within and about any building or buildings where a person or persons live, work or assemble. Plumbing includes all piping, from discharge of pumping units to and including pressure tanks in water supply systems. Plumbing includes all piping, fixtures, appurtenances, and appliances for a building drain and a sanitary drainage and related ventilation system of any building or buildings where a person or persons live, work or assemble from the point of connection of such building drain to the building sewer or private sewage disposal system five (5) feet beyond the foundation walls.

“Pollution” means the presence of any foreign substance (organic, inorganic, radiological, or biological) in water that tends to degrade its quality so as to constitute a hazard or impair the usefulness of the water.

“Potable Water” means water which meets the requirements of 35 Ill. Adm. Code 604 for drinking, culinary, and domestic purposes.

“Potential Cross-Connection” means a fixture or appurtenance with threaded hose connection, tapered spout, or other connection which would facilitate extension of the water supply line beyond its legal termination point.

“Process fluid(s)” means any fluid or solution which may be chemically, or biologically or otherwise contaminated or polluted in a form or concentration such as would constitute a health, pollutional, or system hazard if introduced into the public or a consumer’s potable water system. This includes but is not limited to:

(A) polluted or contaminated waters;

(B) process waters;

(C) used waters originating from the public water supply system which may have deteriorated in sanitary quality;

(D) cooling waters;

(E) questionable or contaminated natural waters taken from wells, lakes, streams, or irrigation systems;

(F) chemicals in solution or suspension;

(G) oils, gases, acids, alkalis and other liquid and gaseous fluids used in industrial or other processes, or for fire fighting purposes.

“Public Water Supply” means all mains, pipes and structures through which water is obtained and distributed to the public, including wells and well structures, intakes and cribs, pumping stations, treatment plants, reservoirs, storage tanks and appurtenances, collectively or severally, actually used or intended for use for the purpose of furnishing water for drinking or general domestic use and which serve at least 15 service connections or which regularly serve at least 25 persons at least 60 days per year. A public water supply is either a “community water supply” or a “non-community water supply”.

“Reduced Pressure Principle Backflow Prevention Device” means a device containing a minimum of two independently acting check valves together with an automatically operated pressure differential relief valve located between the two check valves and approved under ASSE Standard 1013. During normal flow and at the cessation of normal flow, the pressure between these two checks shall be less than the supply pressure. In case of leakage of either check valve, the differential relief valve, by discharging to the atmosphere, shall operate to maintain the pressure between the check valves at less than the supply pressure. The unit must include tightly closed shutoff valves located at each end of the device, and each device shall be fitted with properly located test cocks.

“Service Connection” means the opening, including all fittings and appurtenances, at the water main through which water is supplied to the user.

“Survey” means the collection of information pertaining to a customer’s piping system regarding the location of all connections to the public water supply system and must include the location, type and most recent inspection and testing date of all cross-connection control devices and methods located within that customer’s piping system. The survey must be in written form, and should not be an actual plumbing inspection.

“System Hazard” means a condition through which an aesthetically objectionable or degrading material not dangerous to health may enter the public water supply system or a consumer’s potable water system.

“Used Water” means any water supplied by a public water supply system to a consumer’s water system after it has passed through the service connection and is no longer under the control of the water supply official custodian.

“Water Purveyor” means the owner or official custodian of a public water system.

38-3-35 WATER SYSTEM.

(A) The water system shall be considered as made up of two parts: the public water supply system and the consumer’s water system.

(B) The public water supply system shall consist of the source facilities and the distribution system, and shall include all those facilities of the potable water system under the control of the Superintendent of Water up to the point where the consumer’s water system begins.

(C) The source shall include all components of the facilities utilized in the production, treatment, storage, and delivery of water to the public water supply distribution system.

(D) The public water supply distribution system shall include the network of conduits used to deliver water from the source to the consumer’s water system.

(E) The consumer’s water system shall include all parts of the facilities beyond the service connection used to convey water from the public water supply distribution system to points of use.

38-3-36 CROSS-CONNECTION PROHIBITED.

(A) Connections between potable water systems and other systems or equipment containing water or other substances of unknown or questionable quality are prohibited except when and where approved cross-connection control devices or methods are installed, tested and maintained to insure proper operation on a continuing basis.

(B) No physical connection shall be permitted between the potable portion of a supply and any other water supply not of equal or better bacteriological and chemical quality as determined by inspection and analysis by the Agency.

(C) There shall be no arrangement or connection by which an unsafe substance may enter a supply.

38-3-37 SURVEY AND INVESTIGATIONS.

(A) The consumer’s premises shall be open at all reasonable times to the approved cross-connection control device inspector for the inspection of the presence or absence of cross-connections within the consumer’s premises, and testing, repair and maintenance of cross-connection control devices within the consumer’s premises.

(B) On request of the Superintendent, or his authorized representative, the consumer shall furnish information regarding the piping system or systems or water use within the customer’s premises. The consumer’s premises shall be open at all reasonable times to the Superintendent of Water for the verification of information submitted by the inspection consumer to the public water supply custodian regarding cross-connection inspection results.

(C) It shall be the responsibility of the water consumer to arrange periodic surveys of water use practices on his premises to determine whether there are actual or potential cross-connections to his water system through which contaminants or pollutants could backflow into his or her public potable water system. All cross-connection control or other plumbing inspections must be conducted in accordance with Ill. Comp. Stat., Ch. 225, Sec. 320/3.

(D) It is the responsibility of the water consumer to prevent backflow into the public water system by ensuring that:

(1) All cross-connections are removed; or approved cross-connection control devices are installed for control of backflow and back-siphonage.

(2) Cross-connection control devices shall be installed in accordance with the manufacturer’s instructions.

(3) Cross-connection control devices shall be inspected at the time of installation and at least annually by a person approved by the Agency as a cross-connection control device inspector (CCCDI). The inspection of mechanical devices shall include physical testing in accordance with the manufacturer’s instructions.

(4) Testing and Records

(a) Each device shall be tested at the time of installation and at least annually or more frequently if recommended by the manufacturer.

(b) Records submitted to the community public water supply shall be available for inspection by Agency personnel in accordance with Ill. Comp. Stat., Ch. 415, Sec. 5/4(e).

(c) Each device shall have a tag attached listing the date of most recent test, name of CCCDI, and type and date of repairs.

(d) A maintenance log shall be maintained and include:

1. date of each test;

2. name and approval number of person performing the test;

3. test results;

4. repairs or servicing required;

5. repairs and date completed; and

6. serving performed and date completed.

38-3-38 WHERE PROTECTION IS REQUIRED.

(A) An approved backflow device shall be installed on all connections to the public water supply as described in the Plumbing Code, 77 Ill. Adm. Code 890 and the Agency’s regulations 35 Ill. Adm. Code 680. In addition, an approved backflow prevention device shall be installed on each service line to a consumer’s water system serving premises, where in the judgment of the Superintendent, actual or potential hazards to the public water supply system exist.

(B) An approved backflow prevention device shall be installed on each service line to a consumer’s water system serving premises where the following conditions exist:

(1) Premises having an auxiliary water supply, unless such auxiliary supply is accepted as an additional source by the Superintendent of Water and the source is approved by the Illinois Environmental Protection Agency.

(2) Premises on which any substance is handled which can create an actual or potential hazard to the public water supply system. This shall include premises having sources or system containing process fluids or waters originating from the public water supply system which are no longer under the sanitary control of the Superintendent of Water.

(3) Premises having internal cross-connections that, in the judgment of the Superintendent of Water, are not correctable or intricate plumbing arrangements it make which impractical to determine whether or not cross-connections exist.

(4) Premises where, because of security requirements or other prohibitions or restrictions, it is impossible or impractical to make a complete cross-connection survey.

(5) Premises having a repeated history or cross-connections being established or reestablished.

(C) An approved backflow device shall be installed on all connections to the public water supply as described in the Plumbing Code, 77 Ill. Adm. Code 890 and the Agency’s regulations 35 Ill. Adm. Code 653. In addition, an approved backflow prevention device shall be installed on each service line to a consumer’s water system serving, but not necessarily limited to, the following types of facilities unless the Superintendent of Water determines that no actual or potential hazard to the public water supply system exists:

(1) Hospitals, mortuaries, clinics, nursing homes.

(2) Laboratories.

(3) Piers, docks, waterfront facilities.

(4) Sewage treatment plants, sewage pumping stations or storm water pumping stations.

(5) Food or beverages processing plants.

(6) Chemical plants.

(7) Metal plating industries.

(8) Petroleum processing or storage plants.

(9) Radioactive material processing plants or nuclear reactors.

(10) Car washes.

(11) Pesticide, or herbicide or extermination plants and trucks.

(12) Farm service and fertilizer plants and trucks.

38-3-39 TYPE OF PROTECTION REQUIRED.

(A) The type of protection required under Section 38-3-38 of these regulations shall depend on the degree of hazard which exists as follows:

(1) An approved fixed proper air gap separation shall be installed where the public water supply system may be contaminated with substances that could cause a severe health hazard.

(2) An approved fixed proper air gap separation or an approved reduced pressure principle backflow prevention assembly shall be installed where the public water supply system may be contaminated with a substance that could cause a system or health hazard.

(3) An approved fixed proper air gap separation or an approved reduced pressure principle backflow prevention assembly or a double check valve assembly shall be installed where the public water supply system may be polluted with substances that could cause a pollution hazard not dangerous to health.

(B) The type of protection required under Section 38-3-38 of these regulations shall be an approved fixed proper air gap separation or an approved reduced pressure principle backflow prevention connected to the public water supply when:

(C) Where a public water supply or an auxiliary water supply is used for a fire protection system, reduced pressure principle backflow preventers shall be installed on fire safety systems connected to the public water supply when:

(1) The fire safety system contains antifreeze, fire retardant or other chemicals;

(2) water is pumped into the system from another source; or

(3) water flows by gravity from a non-potable source; or water can be pumped into the fire safety system from any other source;

(4) there is a connection whereby another source can be introduced into the fire safety system.

(D) All other fire safety systems connected to the potable water supply shall be protected by a double check valve assembly on metered service lines and a double detector check valve assembly on unmetered service lines.

38-3-40 BACKFLOW PREVENTION DEVICES.

(A) All backflow prevention devices or methods required by these rules and regulations shall be approved by the Research Foundation for Cross-Connection Control of the University of Southern California, American Water Works Association, American Society of Sanitary Engineering, or American National Standards Institute or certified by the National Sanitation Foundation to be in compliance with applicable industry specification.

(B) Installation of approved devices shall be made in accordance with the manufacturer’s instructions. Maintenance as recommended by the manufacturer of the device shall be performed. Manufacturer’s maintenance manual shall be available on-site.

38-3-41 INSPECTION AND MAINTENANCE.

(A) It shall be the duty of the consumer at any premises on which backflow prevention devices required by these regulations are installed to have inspection, tests, maintenance and repair made in accordance with the following schedule or more often where inspections indicate a need or are specified in manufacturer’s instructions.

(1) Fixed proper air gap separations shall be inspected to document that a proper vertical distance is maintained between the discharge point of the service line and the flood level rim of the receptacle at the time of installation and at least annually thereafter. Corrections to improper or by passed air gaps shall be made within 24 hours.

(2) Double check valve assemblies shall be inspected and tested at time of installation and at least annually thereafter, and required service performed within five (5) days.

(3) Reduced pressure principle backflow prevention assemblies shall be tested at the time of installation and at least annually or more frequently if recommended by the manufacturer, and required service performed within five (5) days.

(B) Testing shall be performed by a person who has been approved by the Agency as competent to service the device. Proof of approval shall be in writing.

(C) Each device shall have a tag attached listing the date of most recent test or visual inspection, name of tester, and type and date of repairs.

(D) A maintenance log shall be maintained and include:

(1) date of each test or visual inspection;

(2) name and approval number of person performing the test or visual inspection;

(3) test results;

(4) repairs or servicing required;

(5) repairs and date completed; and

(6) servicing performed and date completed.

(E) Whenever backflow prevention devices required by these regulations are found to be defective, they shall be repaired or replaced at the expense of the consumer without delay as required by Section 38-3-41(A).

(F) Backflow prevention devices shall not be bypassed, made inoperative, removed or otherwise made ineffective without specific authorization by the Superintendent.

38-3-42 BOOSTER PUMPS.

(A) Where a booster pump has been installed on the service line to or within any premises, such pump shall be equipped with a low pressure cut-off device designed to shut-off the booster pump when the pressure in the service line on the suction side of the pump drops to 20 psi or less.

(B) It shall be the duty of the water consumer to maintain the low pressure cut-off device in proper working order and to certify to the Superintendent, at least once a year, that the device is operable.

38-3-43 VIOLATIONS AND PENALTIES.

(A) The Superintendent shall deny or discontinue, after reasonable notice to the occupants thereof, the water service to any premises wherein any backflow prevention device required by these regulations is not installed, tested, maintained and repaired in a manner acceptable to the Superintendent, or if it is found that the backflow prevention device has been removed or bypassed, or if an unprotected cross-connection exists on the premises, or if a low pressure cut-off required by these regulations is not installed and maintained in working order.

(B) Water service to such premises shall not be restored until the consumer has corrected or eliminated such conditions or defects in conformance with these regulations and to the satisfaction of the Superintendent, and the required reconnection fee is paid.

(C) Water service to such premises shall not be restored until the consumer has corrected or eliminated such conditions or defects on conformance with these Regulations and to the satisfaction of the Superintendent.

(D) Neither the Village, the Superintendent, or its agents or assigns, shall be liable to any customers of the Village for any injury, damages or lost revenues which may result from termination of said customer’s water supply in accordance with the terms of this Code, whether or not said termination of the water supply was with or without notice.

(E) The consumer responsible for back-siphoned material or contamination through backflow, if contamination of the potable water supply system occurs through an illegal cross-connection or an improperly installed, maintained or repaired device, or a device which has been bypassed, must bear the cost of clean-up of the potable water supply system.

(F) Any person found to be violating any provision of this Code shall be served with written notice stating the notice of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violation.

(G) Any person violating any of the provisions of this Code in addition to the fine provided, shall become liable to the Village for any expense, loss or damage occasioned by the Village by reason of such violation, whether the same was caused before or after notice.

38-3-44 – 38-3-52 RESERVED.

DIVISION IV – EXTENSION OF MAINS

38-3-53 DETERMINATION OF WHO PAYS EXPENSE OF EXTENSION. The Village Board shall first determine if an extension of water main is economically feasible based on the estimated cost of the extension and the number of existing potential users that will use water along the extension. If the extension is economically feasible then the Village may install and pay the cost of the extension at the discretion of the Village Board. If the Village elects not to pay the cost of extending the water main then the person or persons desiring water service shall install the extension at their own personal expense upon written consent by the Village Board. The Village shall not pay for any extensions to an undeveloped area, such as a subdivision being developed, unless there are sufficient existing residents or businesses to make the extension economically feasible. (Ord. No. 309; 1977)

38-3-54 EASEMENTS. Applicants for main extensions shall deliver, without cost to the Village, permanent easements or right-of-way when necessary for the installation and maintenance of the extensions or subsequent additions thereto. The Village shall not be obligated to authorize any construction until all requirements of this Chapter have been met.

38-3-55 SIZE AND TYPE. The Village reserves the right to determine and specify the diameter and type of pipe required to provide the service requested, and subject to the requirements of municipal authorities, its location within or without the limits of a street. The Village further reserves the right to install a main larger in diameter than the main required to render the service requested, in which case, the Village will pay the difference in cost.

38-3-56 TITLE. Title to all main extensions shall be vested in the Village and the Village shall have the right to further extend any main installed in and to other streets or premises without repayment or refund to any applicant. However, the Village reserves the right to consider extensions made at the applicant’s expense and without written agreement as to service lines. Upon such lines, the Village will set a meter at the beginning of the extension to measure all water used and title to the line beyond the meter will be vested in the customer who shall be responsible for maintenance and replacement, when necessary.

38-3-57 MAINTENANCE AND REPLACEMENT. The Village, at its own expense, shall maintain and when necessary, replace the Village -owned mains used to supply water to its customers, and if adequate service requires the reconstruction or replacement of such mains, the mains shall be reconstructed or replaced by the Village at its expense.

ARTICLE IV – UTILITY RATES

DIVISION I – GENERAL

38-4-1 BUILDING UNIT DEFINED. All persons or families residing in a building under one roof, be it an apartment or homes converted into more than one dwelling place, each family or individual resident residing therein shall be deemed an individual customer or such homes or apartments or dwellings shall be billed for at least one minimum water and/or sewer account according to the number of families or individual residents residing therein.

38-4-2 REVENUES. All revenues and moneys derived from the operation of the water and sewer systems shall be deposited in the Combined Water and Sewage Fund. All such revenues and moneys shall be held by the Treasurer separate and apart from his private funds and separate and apart from all other funds of the Village and all of said sum, without any deductions whatever, shall be delivered to the Treasurer not more than ten (10) days after receipt of the same, or at such more frequent intervals as may, from time to time, be directed by the Village Board.

The Treasurer shall receive all such revenues from the water and sewer systems and all other funds and moneys incident to the operation of such systems as the same may be delivered to him and deposit the same in the account of the fund designated as the “Water and Sewage Fund of the Village “.

The Treasurer shall administer such fund in every respect in the manner provided by Chapter 65, Illinois Compiled Statutes, Sections 5/;3.1-35-40 et seq. (Ord. No. 310; 1977)

38-4-3 ACCOUNTS. The Treasurer shall establish a proper system of accounts and shall keep proper books, records and accounts in which complete and correct entries shall be made of all transactions relative to the water and sewer systems and at regular annual intervals, he shall cause to be made an audit by an independent auditing concern of the books to show the receipts and disbursements of the water and sewer systems.

In addition to the customary operating statements, the annual audit report shall also reflect the revenues and operating expenses of the sewer facilities, including a replacement cost, to indicate that sewer service charges under the waste cost recovery system and capital amounts required to be recovered under the industrial cost recovery system do, in fact, meet these regulations. In this regard, the financial information to be shown in the audit report shall include the following:

(A) Flow data showing total gallons received at the sewer plant for the current fiscal year.

(B) Billing data to show total number of gallons billed.

(C) Debt service for the next succeeding fiscal year.

(D) Number of users connected to the system.

(E) Number of non-metered users.

(F) A list of users discharging non-domestic wastes (industrial users) and volume of waste discharged. (Ord. No. 310; 1977)

38-4-4 NOTICE OF RATES. A copy of this Article, properly certified by the Village Clerk, shall be filed in the office of the County Recorder of Deeds and shall be deemed notice to all owners of real estate of the charges of the water and sewer systems of the Village on their properties. Each user shall be notified at least annually, in conjunction with a regular bill, of the rate and that portion of the user charges which are attributable to sewer treatment services. (Ord. No. 310; 1977)

38-4-5 ACCESS TO RECORDS. The Illinois Environmental Protection Agency, United States Environmental Protection Agency, or its authorized representative shall have access to any books, documents, papers and records of the Village which are applicable to the Village ‘s system of user charges or industrial cost recovery for the purpose of making audit, examination, excerpts and transcriptions thereof to insure compliance with the terms of the Special and General Conditions to any State Grant. (Ord. No. 310; 1977)

38-4-6 APPEALS. The method for computation of rates and service charges established for user charges in Article IV shall be made available to a user within fifteen (15) days of receipt of a written request for such. Any disagreement over the method used, or in the computation thereof, shall be remedied by a third party selected by both parties within ninety (90) days after notification of a formal written appeal outlining the discrepancies. (Ord. No. 310; 1977)

38-4-7 – 38-4-9 RESERVED.

DIVISION II – WATER RATES

38-4-10 WATER TAP-ON FEES.

(A) Inside Village. Applicants for water service inside the Village shall pay a charge of Two Hundred Seventy-Five Dollars ($275.00), payable in advance. All labor and materials for a standard residential connection, such as connecting pipes, meter vaults and covers, valves, and connections up to the property line shall be included in this price. However, for any water service connection that requires materials and equipment whose total material cost (not including any labor cost) is greater than $275.00, the water service connection fee shall be the actual cost amount incurred by the Village for the meter and/or equipment so installed to make such water services connection, payable in advance. (Ord. #557 passed 2/10/2005)

(B) Outside Village – Not Available.

(C) Illinois Plumbing Code. All water tap and service connections made to the mains of the Waterworks System of the Village shall conform to the regulations of this Code and of the Illinois Plumbing Code. All connections and installations shall be made by the Village’s water and sewer department.

(D) Maintenance of Water Lines. The Village shall replace all water mains when it has been deemed necessary to do so in order to maintain service in the Village. The Village shall limit its responsibility to maintaining water lines to the water mains and to the service lines up to the meter. The property owner shall be responsible for the service line from the meter into the premises served.

38-4-11 WATER RATES. There shall be established the following rates and charges for the use of the water system of the Village, based upon the amount of water consumed as follows:

(A) WATER RATES INSIDE VILLAGE.

First 1,000 gallons per month $17.65 MINIMUM CHARGE

Next 1,000 gallons per month $ 6.17 per 1,000 gallons

Over 2,000 gallons per month $ 7.72 per 1,000 gallons

(B) WATER RATES OUTSIDE VILLAGE.

First 1,000 gallons per month $35.30 MINIMUM CHARGE

Next 1,000 gallons per month $12.31 per 1,000 gallons

Over 2,000 gallons per month $15.44 per 1,000 gallons

(C) BULK SALES.

$13.13 per 1,000 gallons

(Ord. No. 675, 5/12/11)

38-4-12 REQUESTED SHUT-OFF. If user requests water to be shut off, there will be a Twenty-Five Dollar ($25.00) fee to have the water turned on again. The fee shall be Thirty Dollars ($30.00) if the turn on is requested to occur in non-working hours.

38-4-13 SEWER TAP-ON FEES.

(A) Inside Village. Applicants for sewer service inside the Village shall pay a charge of Two Hundred Dollars ($200.00), payable in advance. All labor and materials for a standard residential connection up to the property line shall be included in this price. However, for any sewer service connection that requires materials and equipment whose total material cost (not including any labor cost) is greater than $200.00, the sewer service connection fee shall be the actual cost amount incurred by the Village for the materials and equipment so installed to make such sewer services connection, payable in advance. (Ord. #557 passed 2/10/2005)

(B) Outside Village. Not available.

(C) Conformity to Code. All sewer tap and service connections made to the mains of the Sewer System of the Village shall conform to the regulations of this Code and of any other applicable regulations and statutes. All connections and installations shall be made by the Village’s water and sewer department.

(D) Maintenance of Sewer Lines. The Village shall repair or replace all sewer mains when it has been deemed necessary to do so in order to maintain service in the Village. The Village shall limit its responsibility to maintaining sewer lines to the sewer mains and to the service lines up to the property line. The property owner shall be responsible for the service line from the property line to the building served.

38–4-14 EQUALIZED BILLING. The Village Clerk of the Village of Louisville shall institute and maintain a system and program of equalized billing for its water and sewer utilities, under the following requirements and conditions.

1) This program shall be offered only to residential customers of the Village’s utilities systems, and not to commercial or institutional customers. In order to begin participation in the program, the customer must apply to and be approved by the Village Clerk for such participation. There must be at least one year’s worth of utilities usage history for the property in question, and the customer must have a credit history acceptable to the Village.

2) A residential customer shall be allowed the opportunity to apply to enroll in the equalized billing program at any time during the year.

3) The Village Clerk shall calculate the monthly payment due from the customer. The same monthly payment will be billed to and due from the customer for each of the next twelve months utilities billings, starting with the customer’s next utility billing. The Village Clerk will base her calculation upon the customer’s last twelve months of usage coupled with any information regarding future consumption rates, along with her estimated cost rate for each utility charge for the forthcoming year, bearing in mind the goal noted in Paragraph 9 below.

4) Any customer who does not make his equalized payment on time and in the required amount may be terminated from the program at the Village’s discretion. All normal Village shutoff procedures for nonpayment of utilities charges shall apply to those customers participating in the equalized billing program.

5) In general, for those customers who have participated in the program for at least one year, the Village Clerk will notify them each year in April with the new calculated monthly equalized billing payment amount which will be in effect for the forthcoming year.

6) In general, for those customers who have participated in the program for at least one year, if the amount received under the equalized billing program during the prior year is less than the actual charges due during that same time period, then the customer shall have a “shortfall” of an amount equal to the difference between the amount received and the actual charges due. If the shortfall is greater that 10% of the actual amount due, then the customer will be required to pay the shortfall as a lump sum payment in addition to and along with the customer’s next billing. Otherwise, the new monthly equalized billing payment amount will be adjusted by increasing said monthly amount by an amount equal to 1/12 of the shortfall.

7) In general, for those customers who have participated in the program for at least one year, if the amount received under the equalized billing program during the prior year is greater than the actual charges due during that same time period, then the customer shall have a credit, which at the customer’s election can be paid to him either via a credit given in full upon his next month’s billing or distributed in twelve equal credits on the next twelve billings.

8) For those customers who have participated in the program for less than one year, the Village Clerk shall have the right to make adjustments to the customer’s monthly equalized billing payment in such amounts and at such times as the Village Clerk deems appropriate. The Village Clerk may, but is not required to, use the “shortfall” and “credit” rules of Paragraphs 6 and 7 immediately above, as the Village Clerk deems appropriate.

9) The Village Clerk’s goal in making any periodic adjustments to the customer’s monthly equalized billing payment shall be to provide relief to the customer from the higher winter monthly utilities bills by allowing the customer to make equal monthly payments in such amounts that will allow the customer to eventually build up a credit balance with the Village in anticipation of having sufficient funds on hand to fully pay those higher winter monthly utilities bills. The Village Clerk shall set each customer’s equal monthly payment amount in accordance with this goal.

10) Any customer who terminates from the program, whether voluntarily or not, must pay any shortfall as a lump sum payment in addition to and along with the customer’s next billing which occurs after said termination. Any credit due will be paid to the customer either per Subparagraph 7 immediately above or direct to the customer in full.

11) The Village reserves the right to make adjustments to the equalized billing payment amounts at any time throughout the year for any or all customers so participating in the program, and/or demand lumpsum payments for any current shortfall at any time throughout the year, in those situations where the Village Clerk deems that the monthly equalized payment amounts are grossly disproportionate to the usage and costs of the actual utilities consumed by and billed to, or anticipated to be consumed by and billed to, the customer. Failure of the customer to pay the demand for lumpsum payment of any shortfall within 10 days of said demand shall constitute grounds to declare the customer delinquent in his payment of his utilities, thereby subjecting that customer to any and all remedies available to the Village for delinquent utilities payments.

(Ord. #571; 1-12-2006)

DIVISION III

WASTEWATER SERVICE CHARGES

38-4-31 BASIS FOR WASTEWATER SERVICE CHARGES. The sewer service charge for the use of and for service supplied by the sewer facilities of the Village shall consist of a basic user charge, applicable surcharges, and debt service charge.

(A) The debt service charge is computed by dividing the annual debt service of all outstanding bonds by the number of users.

(B) The capital improvement charge is levied on all users to provide for capital improvements, extensions or reconstruction of the sewage treatment works. The capital improvement is computed by apportioning the annual amount to be accrued as a fixed charge per month.

(C) The basic user charge shall be based on water usage as recorded by water meters for wastes having the following normal domestic concentrations:

(1) A five (5) day twenty degree centigrade (20C) biochemical oxygen demand BOD of 200 mg/1).

(2) A suspended solids (SS) content of 250 mg/l.

(D) It shall be computed as follows:

(1) Estimate sewer volume, pounds of SS and pounds of BOD to be treated.

(2) Estimate the projected annual revenue required to operate and maintain the sewer facilities including a replacement fund for the year, for all work categories.

(3) Proportion the estimated operation, maintenance and replacement (OM&R) costs to each user class by volume, BOD, and SS.

(4) Proportion the estimated operation, maintenance and replacement (OM&R) costs to sewer facility categories by Volume, Suspended Solids and BOD.

(5) Compute costs per 1000 gal. for normal sewage strength.

(6) Compute surcharge costs per pound per 1000 gal. in excess of normal sewage strength for BOD and SS.

(E) A surcharge will be levied to all users whose waste waters exceed the normal domestic concentrations of BOD 200 mg/l and SS 250 mg/l. The surcharge will be based on water usage as recorded by water meters or sewage meters for all wastes which exceed the 200 mg/l and 250 mg/l concentration for BOD and SS respectively. (Section 38-4-56 specifies the procedure to compute a surcharge.)

(F) The adequacy of the sewer service charge shall be reviewed, not less often than annually, by Certified Public Accountants for the Village in their annual audit report. The sewer service charge shall be revised periodically to reflect a change in operation and maintenance costs, replacement costs and reserve fund costs.

(G) The users of sewer treatment services will be notified annually, in conjunction with a regular bill, of the rate and that portion of the user charges which are attributable to the sewer treatment operation, maintenance and replacement.

38-4-32 MEASUREMENT OF FLOW. The volume of flow used for computing basic user charges and surcharges shall be the metered water consumption.

(A) If the person discharging wastes into the public sewer procures any part, or all, of his water from sources other than the Public Waterworks System, all or a part of which is discharged into the public sewer, the person shall install and maintain, at his expense, water meters of a type approved by the Village for the purpose of determining the volume of water obtained from these other sources.

(B) Devices for measuring the volume of waste discharged may be required by the Approving Authority if these volumes cannot otherwise be determined from the metered water consumption records.

(C) Metering devices for determining the volume of waste shall be installed, and maintained by the person and owned by the Village. Following approval and installation, such meters may not be removed, unless service is canceled, without the consent of the Village.

38-4-33 DEBT SERVICE CHARGE. A debt service charge of Zero Dollars ($0.00) per user per month, to each user of wastewater facility of the Village is hereby established.

A capital improvement charge will be levied on all users as a fixed charge of $0.00 per month, to provide funds for extension, improvement of reconstruction of the sewage treatment works.

38-4-34 BASIC USER RATE. There shall be and there is hereby established a minimum charge and a basic user rate for the use of and for service supplied by the Wastewater Facilities of the Village, as follows:

First 1,000 gallons per month $9.04 per month (Minimum Charge)

Next 1,000 gallons per month $2.22 per 1,000 gallons

Over 2,000 gallons per month $3.29 per 1,000 gallons

All non-metered residential users of the wastewater facilities shall pay a minimum flat rate charge per month adequate to cover the costs of the minimum accrual capital cost charge, and the minimum service charge. The flat rate charge will allow a maximum of one thousand (1,000) gallons per month.

In the event use of the wastewater facilities is determined by the Superintendent to be in excess of one thousand (1,000) gallons per month, the Superintendent may require such flat rate user to install metering devices on the water supply to measure the amount of service supplied. (Ord. No. 310, 1977; Ord. No. 675, 5/12/11)

38-4-35 SURCHARGE RATE. The rates of surcharges for BOD5 and SS shall be as follows:

.01 per lb. of BOD

.13 per lb. of SS

38-4-36 COMPUTATION OF SURCHARGE. The concentration of wastes used for computing surcharges shall be established by waste sampling. Waste sampling shall be performed as often as may be deemed necessary by the Superintendent and shall be binding as a basis for surcharges.

38-4-37 COMPUTATION OF WASTEWATER SERVICE CHARGE. The wastewater service charge shall be computed by the following formula:

CW = CD – CM + (Vu-X) – CS

Where CW = Amount of waste service charge ($) per bill period.

CD = Debt Service Charge (Section 38-4-33).

CM = Minimum Charge for Operation, Maintenance and Replacement (Section 38-4-34).

Vu = Wastewater Volume for the billing period.

X = Allowable consumption in gallons for the minimum charge (Section 38-4-34).

CU = Basic User Rate for Operation, Maintenance and Replacement (Section 38-4-34).

CS = Amount of Surcharge (Sections 38-4-35 and 38-4-36).

(Ord. No. 310; 1977)

38-4-38 INDUSTRIAL COST RECOVERY—REQUIRED PAYMENT. Each industrial user shall pay that portion of any state grant which has been obtained by the Village for the financing of the construction of wastewater treatment works allocable to the treatment of the wastewater from such user. Such user’s share shall not include an interest component. (Ord. No. 310; 1977)

38-4-39 INDUSTRIAL COST RECOVERY—ADOPTION OF SYSTEM. No industrial user may discharge sewage into the public sewer until the Village has adopted an industrial cost recovery system which:

(A) Meets the requirements of Section 204(b)(1)(B) of the Federal Water Pollution Control Act Amendments of 1972 (Pub. L. 92-500, Oct. 18, 1972, 86 Stat. 816; U.S.C. Title 12 §24; Title 15 §§633, 636; Title 31 §711; Title 33 §§1251—1265, 1281—1292, 1311—1328, 1341—1345, 1361—1376) and applicable federal regulations; and

(B) Has been approved by the agency in accordance with the conditions of any grant made to the Village by the United States Environmental Protection Agency or by the state for the construction of any part of the sewer system or wastewater treatment works of the Village. (Amended during 1981 codification; Ord. 310; 1977)

ARTICLE V – WASTEWATER SYSTEM

DIVISION I – DEFINITIONS

38-5-1 DEFINITIONS. Unless the context specifically indicates otherwise, the meaning of terms used in this Chapter shall be as follows:

“GOVERNMENT, FEDERAL”.

(A) “Administrator” means the Administrator of the U.S. Environmental Protection Agency.

(B) “Federal Act” means the Federal Clean Water Act (33 U.S.C. 466 et seq) as amended, (Pub. L. 95-217).

(C) “Federal Grant” shall mean the U.S. government participation in the financing of the construction of treatment works as provided for by Title II-Grants for Construction of Treatment Works of the Act and implementing regulations.

“GOVERNMENT, LOCAL”.

(A) “Approving Authority” shall mean the Superintendent of Sewage Works of the Village or his authorized deputy, agent, or representative.

(B) “NPDES Permit” means any permit or equivalent document or requirements issued by the Administrator, or, where appropriated by the Director, after enactment of the Federal Clean Water Act to regulate the discharge of pollutants pursuant to Section 402 of the Federal Act.

(C) “Person” shall mean any and all persons, natural or artificial including any individual, firm, company, municipal or private cooperation, association, society, institution, enterprise, governmental agency or other entity.

(D) “Inspector” shall mean the Superintendent or other person or persons duly authorized by the Village to inspect and approve the installation of building sewer and their connection to the sanitary sewer system.

“GOVERNMENT, STATE”.

(A) “Director” means the Director of the Illinois Environmental Protection Agency.

(B) “State Act” means the Illinois Anti-Pollution Bond Act of 1970.

(C) “State Grant” shall mean the State of Illinois participation in the financing of the construction of treatment works as provided for by the Illinois Anti-Pollution Bond Act and for making such grants as filed with the Secretary of State of State of Illinois.

“CLARIFICATION OF WORD USAGE”. “Shall” is mandatory; “may” is permissible.

“WASTEWATER TYPES AND APPURTENANCES”.

(A) “Building Drain” shall mean that part of the lowest piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer or other approved point of discharge, beginning five feet (5′) (1.5 meters) outside the inner face of the building wall.

(B) “Building Sewer” shall mean the extension from the building drain to the public sewer or other place of disposal.

(C) “Combined Sewer” shall mean a sewer which is designed and intended to receive sewer, storm, surface and groundwater drainage.

(D) “Easement” shall mean an acquired legal right for the specific use of land owned by other.

(E) “Public Sewer” shall mean a sewer provided by or subject to the jurisdiction of the Village. It shall also include sewer within or outside the Village boundaries that serve one (1) or more persons and ultimately discharge into the Village sanitary sewer or combined sewer system, even though those sewer may not have been constructed with Village funds.

(F) “Sanitary Sewer” shall mean a sewer that conveys sewage or industrial wastes or a combination of both, and into which storm, surface and groundwaters or unpolluted industrial wastes are not intentionally admitted.

(G) “Sewer” shall mean a pipe or conduit for conveying sewage or any other waste liquids, including storms, surface and groundwater drainage.

(H) “Sewer” shall mean the system of sewer and appurtenances for the collection, transportation and pumping of sewage.

(I) “Storm Sewer” shall mean a sewer that carries storm, surface and groundwater drainage, but excludes sewage and industrial wastes other than unpolluted cooling water.

(J) “Stormwater Runoff” shall mean that portion of the precipitation that is drained into the sewer.

“TREATMENT”:

(A) “Pretreatment” shall mean the treatment of sewer from sources before introduction into the sewer treatment works.

(B) “Sewer Treatment Works” shall mean an arrangement of devices and structures for treating sewer, industrial wastes, and sludge. Sometimes used as synonymous with “waste treatment plant” or “sewer treatment plant” or “pollution control plant”.

“TYPES OF CHARGES”:

(A) “Basic User Charge” shall mean the basic assessment levied on all users of the public sewer system.

(B) “Capital Improvement Charge” shall mean the charge levied on users to improve, extend or reconstruct the sewage treatment works.

(C) “Debt Service Charge” shall be the amount to be paid each billing period for payment of interest, principal and coverage of (loan, bond, etc.) outstanding.

(D) “Local Capital Cost Charge” shall mean charges for costs other than the Operation, Maintenance and Replacements costs, i.e. debt service and capital improvement costs.

(E) “Replacement” shall mean expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the service life of the treatment works to maintain the capacity and performance for which such works were designed and constructed. The term “operation and maintenance” includes replacement.

(F) “Sewer Fund” is the principal accounting designation for all revenues received in the operation of the sewer system.

(G) “Surcharge” shall mean the assessment in addition to the basic user charge and debt service charge which is levied on those persons whose wastes are greater in strength than average concentration values as established by code.

(H) “Useful Life” shall mean the estimated period during which the collection system and/or treatment works will be operated.

(I) “User Charge” shall mean a charge levied on users of treatment works for the cost operation, maintenance and replacement.

(J) “Sewer Service Charge” shall be the charge per quarter or month levied on all users of the Sewer Facilities. The service charge shall be computed as outlined in Article IV of this Code and shall consist of the total or the Basic User Charge, the local capital cost and a surcharge, if applicable.

(K) “Reserve Fund Charge” shall mean a revolving fund for expansion and construction of the sewer system.

“USER TYPES”:

(A) “Control Manhole” shall mean a structure located on a site from which industrial wastes are discharged. Where feasible, the manhole shall have an interior drop. The purpose of a “control manhole” is to provide access for the Village representative to sample and/or measure discharges.

(B) “Industrial User” shall include establishments engaged in manufacturing activities involving the mechanical or chemical transformation of materials of substance into products.

(C) “Residential User” shall mean all dwelling units such as houses, buildings, mobile homes, apartments, permanent multi-family dwellings.

(D) “User Class” shall mean the type of user either “residential or commercial” (non-industrial) or “industrial” as defined herein.

(E) “Commercial User” shall include transit lodging, retail and wholesale establishments or places engaged in selling merchandise, or rendering services.

(F) “Institutional/Governmental User” shall include schools, churches, penal institutions, and users associated with Federal, State and local governments.

“WASTEWATER FACILITIES” shall mean the structures, equipment, and processes required to collect, carry away, and treat domestic and industrial wastes and transport effluent to a watercourse.

“WATERCOURSE AND CONNECTIONS”:

(A) “Watercourse” shall mean a channel in which a flow of water occurs, either continuously or intermittently.

(B) “Natural Outlet” shall mean any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.

“WASTEWATER AND ITS CHARACTERISTICS”:

(A) “BOD” (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20 degrees centigrade (20C), expressed in milligrams per liter.

(B) “Effluent Criteria” are defined in any applicable “NPDES Permit”.

(C) “Floatable Oil” is oil, fat, or grease in a physical state such that it will separate by gravity from sewer by treatment in an approved pretreatment facility. A sewer shall be considered free of floatable fat if it is properly pretreated and the sewer does not interfere with the collection system.

(D) “Garbage” shall mean solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage and sale of produce.

(E) “Industrial Waste” shall mean any solid, liquid or gaseous substance discharged, permitted to flow or escaping from any industrial, manufacturing, commercial or business establishment or process or from the development, recovery or processing of any natural resource as distinct from sanitary sewage.

(F) “Major Contributing Industry” shall mean an industrial user the publicly owned treatment works that:

(1) Has a flow of 50,000 gallons or more per average work day; or

(2) Has a flow greater than ten percent (10%) of the flow carried by the municipal system receiving the waste; or

(3) Has in its waste, a toxic pollutant in toxic amounts as defined in standards issued under Section 307(a) of the Federal Act; or

(4) Is found by the permit issuance authority, in connection with the issuance of the NPDES permit to the publicly owned treatment works receiving the waste, to have significant impact, either singly or in combination with other contributing industries, on that treatment works or upon the quality of effluent from that treatment works.

(G) “Milligrams per Liter” (mg/1) shall mean a unit of the concentration of water or sewer constituent. It is 0.001 gram of the constituent in 1,000 milliliter of water. It has replaced the unit formerly used commonly, parts per million, to which it is approximately equivalent, in reporting the results of water and sewer analysis.

(H) “pH” shall mean the logarithm (base 10) of the reciprocal of the hydrogen-ion concentration expressed by one of the procedures outlined in the IEPA Division of Laboratories Manual of Laboratory Methods.

(I) “Population Equivalent” is a term used to evaluate the impact of industrial or other waste on a treatment works or stream. One population equivalent is 100 gallons of sewage per day, containing 0.17 pounds of BOD and 0.20 pounds of suspended solids.

(J) “ppm” shall mean parts per million by weight.

(K) “Properly Shredded Garbage” shall mean the wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewer, with no particle greater than one half inch (1/2”) (1.27 centimeters) in any dimension.

(L) “Sewage” is used interchangeably with “sewer”.

(M) “Slug” shall mean any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration or flows during normal operation.

(N) “Suspended Solids” (SS) shall mean solids that either float on the surface of, or are in suspension in water, sewage, or industrial waste, and which are removable by a laboratory filtration device. Quantitative determination of suspended solids shall be made in accordance with procedures set forth in the I.E.P.A. Division of Laboratories Methods.

(O) “Unpolluted Water” is water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewer and sewer treatment facilities provided.

(P) “Sewer” shall mean the spent water of a community. From this standpoint of course, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with any groundwater, surface water, and stormwater that may be present.

(Q) “Water Quality Standards” are defined in the Water Pollution Regulations of Illinois.

38-5-2 – 38-5-3 RESERVED.

DIVISION II

USE OF PUBLIC WASTEWATERS REQUIRED

38-5-4 DEPOSIT OF WASTES. It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the Village or in any area under the jurisdiction of the Village, any human or animal excrement, garbage or other objectionable waste.

38-5-5 SEWAGE IN NATURAL OUTLET. It shall be unlawful to discharge to any natural outlet within the Village, or in area under the jurisdiction of the Village, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this ordinance. (Sec. 13.04.030)

38-5-6 PRIVATE SYSTEM, UNLAWFUL. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage. This exception does not exclude or limit the use of portable toilets by Civic Organizations for use during public activities. When portable toilets are used, they shall not be used by any one organization for more than a ninety (90) day period. Portable toilets shall not be placed within one hundred (100) feet of any houses, or buildings. Portable toilets shall be emptied, cleaned, and sanitized a minimum of once a week or sooner, if required. Any organization which allows such toilets to become unsanitary or a nuisance shall be subject to the penalties as stated in this Code. (Sec. 13.04.040)

38-5-7 CONNECTION TO SYSTEM REQUIRED. The owner of all the houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes situated within the Village and abutting on any street, alley, right-of-way in which there is now located or may in the future be located any public sanitary sewer of the Village, is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this Code, within ninety (90) days after date of official notice to do so, provided that said public sewer is within three hundred (300) feet of the property line.

38-5-8 – 38-5-9 RESERVED.

DIVISION III

PRIVATE SEWAGE DISPOSAL

38-5-10 PRIVATE SEWAGE SYSTEM. Where a public sanitary sewer is not available under the provisions of Section 38-5-7, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this Division.

38-5-11 HEALTH DEPARTMENT APPROVAL. Before commencement of construction of a private sewage disposal system the owner shall first obtain a written permit from the appropriate Health Department. The application for such permit shall be made on a form furnished by the Village (reference Appendix #2) which the applicant shall supplement by any plans, specifications and other information as deemed necessary by the Superintendent. A permit and inspection fee of Twenty Dollars ($20.00) shall be paid to the Village at the time the application is filed.

38-5-12 PERMIT APPROVAL. A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Superintendent. He shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the Superintendent when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within forty-eight (48) hours of the receipt of written notice by the Superintendent.

38-5-13 COMPLIANCE WITH STATE REQUIREMENTS. The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of the State of Illinois Private Sewage Disposal Licensing Act and Code and with the State of Illinois Environmental Protection Agency. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than seven thousand five hundred (7,500) square feet. No septic tank or cesspool shall be permitted to discharge to any natural outlet.

38-5-14 AVAILABILITY OF PUBLIC WASTEWATER. At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in Section 38-5-7, a direct connection shall be made to the public sewer in compliance with this Code, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material. (See Sec. 13.04.110)

38-5-15 OPERATION OF PRIVATE SYSTEM. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, and at no expense to the Village. (See Sec. 13.04.120)

38-5-16 ADDITIONAL RESTRICTIONS. No statement contained in this Article shall be construed to interfere with any additional requirements that may be imposed by the Local Health Officer. (See Sec. 13.04.130)

38-5-17 TIME CONSTRAINTS FOR PUBLIC WASTEWATER. When a public sewer becomes available, the building sewer shall be connected to said sewer within ninety (90) days and the private sewage disposal system shall be cleaned of sludge and filled with clean bank-run gravel or dirt. (See Sec. 13.04.140)

38-5-18 – 38-5-20 RESERVED.

(Ord. No. 310; 1977)

DIVISION IV

BUILDING WASTEWATER AND CONNECTIONS

38-5-21 DISTURBING SYSTEM UNLAWFUL. No unauthorized person shall uncover, make any connections with, or opening into; use; alter; or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Superintendent.

38-5-22 COMPLIANCE WITH REGULATING AUTHORITIES. All disposal by any person into the sewer system is unlawful except those discharges in compliance with Federal Standards promulgated pursuant to the Federal Act and more stringent State and local standards.

38-5-23 CLASSES OF PERMITS.

(A) There shall be two (2) classes of building sewer permits as follows:

(1) Residential sewer service.

(2) Service to Commercial or Institutional establishments or industrial sewer service.

(B) In either case, the owner or his agent shall make applications on a special form furnished by the Village. (See Appendix) The fee per connection shall be paid to the Village at the time the application is filed pursuant to Article IV; Division III of this Code.

(C) In either case, the owner or his agent shall make application on a special form furnished by the Village. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Superintendent. A permit and inspection fee for a residential or commercial building sewer permit shall be paid to the Village at the time the application is filed. The industry, as a condition of permit authorization, must provide information describing its wastewater constituents, characteristics, and type of activity. Upon approval of the application by said Superintendent, the Village Clerk shall issue such permit. If such permit is not issued the fee so paid by the applicant shall be refunded to the applicant. (Ord. No. 529; 04-10-03)

(D) The fee shall include installation of a standard four (4) inch service connection and the extension of the four (4) inch diameter sewerage pipe to the property line; provided, that said extension does not exceed sixty (60) feet. If any application is for a standard four (4) inch service connection that exceeds sixty (60) feet or for a sewer connection other than a standard four (4) inch service connection the policy and fee shall be determined by the Village Board. (See Sec. 13.04.180)

38-5-24 COST BORNE BY OWNER. All costs and expenses including labor and material incidental to the installation, connection and maintenance of a lateral sewer line shall be borne by the owner(s). The owner(s) shall indemnify the Village from any loss or damage that may directly or indirectly be occasioned by the installation, connection and maintenance of the lateral sewer lines. This section shall apply even where the lateral sewer line runs under a public street, public right-of-way, or public easement.

38-5-25 SEPARATE WASTEWATER: EXCEPTION. A separate and independent building sewer shall be provided for every building, except that where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer; except for sewer connection charges accruing from such buildings or properties.

38-5-26 OLD BUILDING WASTEWATER. Old building sewer may be used in connection with new buildings only when they are found, on examination and test by the Superintendent, to meet all requirements of this Code.

38-5-27 CONSTRUCTION METHODS. The size, slope, depth and alignment, of the building sewer shall be subject to the approval of the Superintendent. In no case shall the inside diameter of the building sewer be less than four (4) inches. If six (6) inch diameter pipe is used, the slope shall not be less than one-eighth (1/8) inch per foot. If four (4) inch or five (5) inch diameter pipe is used, the slope shall not be less one-fourth (1/4) inch per foot. The depth of the building sewer shall be sufficient to afford protection from frost. The building sewer shall be laid at a uniform grade and in straight alignment, insofar as possible. Changes in direction shall be made only with properly curved pipe and fittings, unless the break in alignment is made at a manhole facilitating servicing. Installation shall be in accordance with Standard Specifications for Water and Sewer Main Construction in Illinois.

All building sewer shall be constructed of materials approved by the Village. Generally all building sewer shall be constructed of the following materials:

(A) Cast or ductile iron pipe

(B) ABS solid wall plastic pipe (6″ diameter maximum)

(C) PVC solid wall plastic pipe (6″ diameter maximum) SDR-35

All pipe joints must be gaslight and watertight and are subject to the approval of the Village. Transition joints from one pipe material to another shall be made using fittings manufactured for such transitions.

38-5-28 PLUMBING CODE REQUIREMENTS. The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the Village. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the American Society of Testing materials, Water Pollution Control Federation Manual of Practice No. 9, and Standard Specifications for Water and Sewer Main Construction in Illinois shall apply.

38-5-29 ELEVATION. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by a means which is approved in accordance with Section 38-5-22 and discharged to the building sewer.

38-5-30 PROHIBITED CONNECTIONS. No person(s) shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to public sanitary sewer.

38-5-31 CONNECTIONS TO WASTEWATER MAINS. Building Sewer connections with any sewer shall be made only at manholes or other such junctions as may be provided or designated by the Village, and then only in such manner as directed. The connection of the building sewer shall be made at a wye branch, if such branch is available. The building service sewer shall generally enter the sewer main or lateral by way of an existing wye. In the event of absence of the wye, the connection to the sewer main or lateral shall be made by one of the methods indicated below.

(A) Installation of a manhole

(B) Circular saw-cut sewer main by proper tools (“Sewer Tap” machine or similar), and proper installation of hub wye saddle, in accordance with manufacturer’s recommendation. This method shall not be allowed when the wye branch is larger than four (4) inches in diameter. The entire sewer main in the location of the wye and the wye shall be encased in concrete.

(C) Using the pipe cutter only, neatly and accurately cut out desired length of pipe for insertion of proper fitting. Remove both hub and bell ends, or other compression couplings from wye branch fitting to allow the wye branch to be inserted with no more than a total of one-half (1/2) inch gap. Use “Band Seal” couplings, or similar couplings, and shear rings and clamps to fasten the inserted fitting and hold it firmly in place. The entire section shall then be encased in concrete having a minimum thickness of four (4) inches and extending eight (8) inches beyond each joint.

If another method is desired, a detail shall be submitted for review and approval by the Village before the connection is made. Indiscriminate breaking of the sewer main pipe is not allowed.

On Site Inspection. After the wye branch has been inserted and jointed, and before any additional fittings have been placed in the service line, the installation shall be approved by the Superintendent, or his authorized representative. After approval is granted the contractor shall encase the work area as specified herein.

Backfill. To be placed in accordance with The Standard Specifications for Water and Sewer Main Construction in Illinois, Current Edition. In addition, any building sewer crossing any street, or traveled alley shall be backfilled with granular backfill material.

Concrete Encasement. When a riser is constructed and its height is four (4) feet or more measured from the flowline of the sewer main to the top of the riser pipe, the wye connection shall be encased in concrete to a height of at least one foot six inches (1’ 6”) above the flowline of the sewer main. When the height of the riser is less than four (4) feet above the flowline of the sewer main, the wye connection shall be backfilled to the top of the riser pipe with carefully placed and compacted granular backfill.

38-5-32 CAPACITY OF WASTEWATER. A building sewer permit will only be issued and a sewer connection shall only be allowed if it can be demonstrated that the downstream sewer facilities, including sewer, pump stations and sewer treatment facilities, have sufficient reserve capacity to adequately and efficiently handle the additional anticipated waste load.

38-5-33 TAP-IN SUPERVISION AND TESTING. The applicant for the building sewer permit shall notify the Village when the building sewer is ready for inspection and connection to the public sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Village or its representative.

At any time after the installation of the building sewer, the Village may test the building sewer for violation of this ordinance.

38-5-34 INSPECTION. After the building sewer has been constructed in the trench but before the sewer is backfilled, the applicant for the building sewer permit shall notify the Superintendent that the building sewer is ready for inspection. If the sewer has been constructed properly, permission will be given to backfill the trench. If the sewer construction is found to be unsuitable, the permit applicant will correct the installation to meet Village ‘s requirements.

38-5-35 PUBLIC WASTEWATER CONNECTION. The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code, or other applicable rules and regulations of the Village, or the procedures set forth in appropriate specifications of the American Society of Testing Materials, Water Pollution Control Federation Manual of Practice No. 9, and Standard Specifications for Water and Sewer Main Construction in Illinois. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Village before installation.

38-5-36 PROTECTION OF PROPERTY. All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Village.

38-5-37 BOND REQUIRED. If the applicant for the building sewer permit does not have a general bond on file with the Village, the applicant shall furnish a corporate surety bond in an amount one and one-half (1 1/2) times the cost of the contemplated work for which the permit is to be issued.

Any experienced sewer builder or drain layer may furnish to the Village a continuing surety bond in the sum of Five Thousand Dollars ($5,000.00) to apply to all building sewer permits issued to such builder or to the principals thereof for a term of one (1) year from the date thereof subject to renewal from year to year, and such continuing bond may be accepted in behalf of the Village in lieu of a special bond to cover each permit issued during the term of the bond.

Home owners wishing to install their own building services are not required to post a bond. Any person performing building sewer work for hire shall post the bond.

38-5-38 UNLAWFUL DISCHARGES. All disposal by any person into the sewer system is unlawful except those ordinances in compliance with Federal Standards promulgated pursuant to the Federal Act and more stringent State and local standards.

38-5-39 – 38-5-41 RESERVED.

DIVISION V – EXTENSION OF COLLECTING WASTEWATERS

38-5-42 PERMIT REQUIRED; AUTHORIZED PERSONNEL. No person, other than an authorized employee of the Village, shall make any connection with, uncover, alter or disturb a Village sewer, or open any manhole, intercepting chamber, or any appurtenance thereof without first obtaining a written permit to do so from the Village, and no person shall make any connection or opening into any sewer, the flow of which is directly or indirectly discharged into any Village sewer, without first obtaining a written permit to do so from the Village.

38-5-43 EXTENSION PERMITS. Issuance of sewer extension permits shall be initiated by an application for construction permit. The application shall be made on the forms provided by the IEPA, shall be fully completed by the applicable persons or parties, and shall be accompanied by a set of plans, specifications, and any other information as may be required by the Village.

Plans and specifications shall be prepared by a registered professional engineer and approval thereof must be obtained from the Village and IEPA.

If the application is in proper form, and the sewer extension indicated therein appears to be in accordance with this ordinance and all state and federal requirements, the Village shall issue the permit for construction of the sewer. If otherwise, the application for permit shall be denied by the Village. There shall be no fee charged for sewer extension application or permits.

If the application is denied by the Village, they shall state the reason or reasons therefore in writing, mailed or personally delivered to the applicant. The applicant shall have the right to amend such application in conformity with the reasons given for denial, and resubmit it to the Village for further consideration.

All permits issued under this Article V shall have an expiration date of two (2) years after the date of issuance. Any sewer not constructed prior to the date of expiration shall have a new application submitted and a new permit issued prior to their construction.

The applicant for the permit shall furnish a corporate surety bond in an amount one and one-half (1 1/2) times the cost of the contemplated work for which the permit is to be issued.

38-5-44 MATERIALS. All sewer extensions shall be constructed of the following materials:

(A) Sewer pipe with diameters eight (8) inches and larger shall be one of the following:

(1) ABS composite pipe conforming to ASTM D-2680 with solvent weld joints or O-ring rubber gasket joints as referenced in ASTM D-2680.

(2) PVC sewer pipe SDR-35 conforming to ASTM 03033 or D3034 with joints conforming to ASTM D3212.

(B) Laterals and fittings from the sewer to the property lines shall be six (6) inch diameter and

(1) of comparable material to the sewer main for VCP and PVC pipe.

(2) for ABS pipe use ABS solid wall pipe SDR-23.5 conforming to ASTM D-2751.

38-5-45 INSPECTIONS OF CONSTRUCTION. Construction of the sewer shall be inspected under competent supervision supplied by a registered professional engineer and upon completion of construction, accurate detailed plans as constructed (“record drawings”) shall be certified and submitted by the professional engineer to the Village before any applications for building sewer permits are filed; all at the expense of the Owner. These plans shall show all elevations as installed as well as accurate measurements showing the locations of service connections. The Engineer shall also submit a certified statement showing the source, place and volume of foreign waters.

All sewer shall be subjected to:

(A) A lamp test which shall provide that from one manhole to another, at least one-half (1/2) of the pipe end area shall be visible.

(B) Infiltration or exfiltration test with acceptable allowance of 200 gallons per day per inch diameter per mile;

(C) Under special circumstances, when approved by the Village, air pressure testing with allowance to be specified by the Village.

When any sewer line fails to pass the infiltration test, the exfiltration test, or an air pressure test, the sewer line shall be televised in the presence of the Village ‘s representatives to determine points of faulty construction. The Owner shall repair all defects; the method of repair shall be subject to the approval of the Village.

38-5-46 MANHOLES REQUIRED. Manholes shall be installed at all changes in grade and/or direction and at distances not greater than four hundred (400) feet apart. All manhole covers shall be watertight and self-sealing, incorporating an “O” ring gasket. All covers shall have concealed pick holes. Where manhole covers may be subjected to frequent and extreme submergence, additional watertightness shall be ensured by using bolt down covers.

38-5-47 – 38-5-48 RESERVED.

DIVISION VI

USE OF PUBLIC WASTEWATER FACILITIES

38-5-49 DISCHARGE OF STORM WATER. No person shall discharge, or cause to be discharged, any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.

38-5-50 STORM WATER. Stormwater and all other unpolluted drainage shall be discharged to such sewer as are specifically designated as storm sewer, or to a natural outlet approved by the Superintendent. Industrial cooling water or unpolluted process waters may be discharged on approval of the Village, to a storm sewer, or natural outlet.

38-5-51 REGULATIONS OF WASTES. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:

(A) Any gasoline, benzene, naptha, fuel oil, or other flammable or explosive liquid, solids, or gas.

(B) Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant.

(C) Any waters or wastes having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works.

(D) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewer, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.

38-5-52 HARMFUL EFFECTS OF CERTAIN MATERIALS. No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the Superintendent that such wastes can harm either the sewer, sewage treatment process or equipment; have an adverse effect on the receiving stream; or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the Superintendent will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewer, materials of construction of the sewer, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and maximum limits established by regulatory agencies. The substances prohibited are:

(A) Any liquid or vapor having a temperature higher than One Hundred Fifty degrees Fahrenheit (150F), (65C).

(B) Any waters or wastes containing toxic or poisonous materials; or oils, whether emulsified or not, in excess of One Hundred (100) mg/l or containing substances which may solidify or become viscous at temperatures between Thirty-Two (32) and One Hundred Fifty degrees Fahrenheit (150F), (O and 65C).

(C) Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths (3/4) horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Village.

(D) Any waters or wastes containing strong acid, iron pickling wastes, or concentrated plating solution whether neutralized or not.

(E) Any waters or wastes containing iron, chromium, copper, zinc, or similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the Village for such materials.

(F) Any waters or wastes containing phenols or other waste odor-producing substances, in such concentration exceeding limits which may be established by the Village as necessary after treatment of the composite sewage, to meet the requirements of the State, Federal, or other public agencies of jurisdiction for such discharge to the receiving waters.

(G) Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Village in compliance with applicable State or Federal regulations.

(H) Any mercury or any of its compounds in excess of 0.0005 mg/l as Hq at any time except as permitted by the Village in compliance with applicable State and Federal regulations.

(I) Materials which exert or cause:

(1) unusual concentrations or inert suspended solids (such as, but not limited to, Fullers earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate);

(2) excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions);

(3) unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works;

(4) unusual volume of flow or concentrations of wastes constituting “slugs” as defined herein.

(J) Waters or wastes containing substances which are not amendable to treatment or reduction by the sewage treatment processes employed, or are amendable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of agencies having jurisdiction over discharge to the receiving waters.

(K) Any waters or wastes having a pH in excess of 9.5.

(L) Any cyanide in excess of 0.025 mg/l at any time except as permitted by the Village in compliance with applicable State and Federal regulations.

38-5-53 HARMFUL WASTES; APPROVAL.

(A) If any waters or wastes are discharged or are proposed to be discharged to the public sewer, which waters contain the substances or possess the characteristics enumerated in Section 38-5-52 of this Division, and/or which are in violation of the standards for pretreatment provided in 40 CFR 403, June 26, 1978 and any amendments thereto, and which in the judgment of the Superintendent may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent may:

(1) reject the wastes;

(2) require pretreatment to an acceptable condition for discharge; and/or;

(3) require control over the quantities and rates for discharge; and/or;

(4) require payment to cover the added costs of handling and treating the wastes not covered by existing taxes or sewer charges, under the provisions of Section 38-5-42.

(B) If the Superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Superintendent, and subject to the requirements of all applicable codes, articles, and laws.

(C) The owner of the pretreatment or equalization facilities shall obtain construction and operating permits from the Illinois Environmental Protection Agency prior to the issuance of final approval by the Superintendent.

(D) Where multiple process or discharges are present or contemplated at an industry, the Village shall have the authority to require the owner or person to furnish and install more than one control manhole with appurtenances and/or require that all sewer be discharged through a single control manhole or structure with appurtenances described herein.

38-5-54 GREASE AND OIL INTERCEPTORS. Grease, oil, and sand interceptors shall be provided when, in the opinion of the Superintendent they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Superintendent, and shall be located as to be readily and easily accessible for cleaning and inspection.

38-5-55 FLOW-EQUALIZING FACILITIES. Where preliminary treatment or flow-equalizing facilities are provided, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.

38-5-56 INDUSTRIAL WASTES CONTROL MANHOLE. Each industry shall be required to install a control manhole and, when required by the Superintendent, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessible and safety located, and shall be constructed in accordance with plans approved by the Superintendent. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times.

38-5-57 INDUSTRIAL WASTE TESTING.

(A) The owner of any property serviced by a building sewer carrying industrial wastes shall provide laboratory measurements, tests, and analyses of waters and wastes to illustrate compliance with this Code and any special conditions for discharge established by the Village or regulatory agencies having jurisdiction over the discharge.

(B) The number, type, and frequency of laboratory analyses to be performed by the owner shall be as stipulated by the Village, but no less than once per year the industry must supply a complete analysis of the constituents of the sewer discharge to assure that compliance with the Federal, State, and local standards are being met. The owner shall report the results of measurements and laboratory analyses to the Village at such times and in such a manner as prescribed by the Village. The owner shall bear the expense of all measurements, analyses, and reporting required by the Village. At such times as deemed necessary the Village reserves the right to take measurements and samples for analysis by an outside laboratory service.

38-5-58 MEASUREMENTS AND TESTS. All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this Code shall be determined in accordance with the latest edition of IEPA Division of Laboratories Manual of Laboratory Methods, and shall be determined at the control manhole provided, or upon suitable samples taken at the 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 sewage works and to determine the existence of hazards to life, limb, and property. (The particular analyses involved will determine whether a twenty-four (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, BOD and suspended solids analyses are obtained from twenty-four (24) hour composites of all outfalls, whereas pH’s are determined from periodic grab samples.)

38-5-59 SPECIAL ARRANGEMENTS. No statement contained in this Article shall be construed as preventing any special agreement or arrangement between the Village and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the Village for treatment, subject to payment therefore, in accordance with the Chapter, hereof, by the industrial concern provided such payments are in accordance with Federal and State guidelines for User Charge System and Industrial Cost Recovery System. (See Article IV – Division III of this Code)

38-5-60 – 38-5-64 RESERVED.

DIVISION VII

INSPECTIONS

38-5-65 DAMAGE. No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, or tamper with any structure, appurtenance, or equipment which is part of the sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.

38-5-66 INSPECTION AND TESTING.

(A) The Superintendent and other duly authorized employees of the Village, the Illinois Environmental Protection Agency, and the United States Environmental Agency, bearing proper credentials and identification, shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this Code.

(B) The Superintendent or his representative shall have no authority to inquire into any processes, including metallurgical, chemical, oil refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewer or waterway or facilities for waste treatment.

38-5-67 LIABILITY OF VILLAGE. While performing the necessary work on private properties referred to in Section 38-5-66 above, the Superintendent or duly authorized employees of the Village, the Illinois Environmental Protection Agency, and the United States Environmental Protection Agency shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the Village employees and the Village shall indemnify the company against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain conditions as required herein.

38-5-68 PRIVATE PROPERTY INSPECTIONS. The Superintendent and other duly authorized employees of the Village bearing proper credentials and identification shall be permitted to enter all private properties through which the Village holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within the easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

38-5-69 – 38-5-70 RESERVED.

DIVISION VIII – PENALTIES

38-5-71 PENALTY. Any person found to be violating any provision of this Code except Section 38-5-65 shall be served by the Village with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.

The Village may revoke any permit for sewage disposal as a result of any violation of any provision of this ordinance.

38-5-72 CONTINUED VIOLATIONS. Any person who shall continue any violation beyond the time limit provided for in Section 38-5-50 shall be, upon conviction, fined in an amount not less than $120.00 nor more than $750.00 for each violation. Each day in which any such violation shall continue shall be deemed a separate offense. (Ord. #670; 1/13/2011)

38-5-73 LIABILITY TO VILLAGE. Any person violating any of the provisions of this Chapter shall become liable to the Village by reason of such violation.