[1960 Code § 5.04.010; amended 11-20-2023 by Ord. No.
2023-1016]
For the purpose of measuring perpendicular distances in fixing
heights, grades, lines and levels for paving streets and for the construction
of other local improvements in the City, for which a datum plane may
be used, there is hereby established a horizontal plane to be known
as the datum plane of the City: a horizontal plane, located and reckoned
to be 50 feet perpendicular distance below the level of the top of
a monument situated and securely fixed in the earth immediately in
the southeast corner of lot 8 in block 12, Original Town, now City
of Lincoln, Illinois.
[1960 Code § 5.08.010; amended 11-20-2023 by Ord. No.
2023-1016]
In accordance with 65 ILCS 5/9-3-41, the City of Lincoln acknowledges
its statutory privileges to assess a "special assessment" which shall
be and the same is hereby adopted by the City, it being hereby expressly
ordained; and provided that, subject to the provisions of said act,
there shall be remitted penalties, interest and costs, other than
advertising costs, accruing after the maturity date of bonds issued
to finance the improvement, on delinquent special assessments heretofore
levied and assessed against real estate in the City, pursuant to ordinances
of the City and confirmation and decrees of the courts of Logan County,
Illinois.[1]
[1]
See 65 ILCS 5/9-3-41.
[1960 Code §§ 5.12.070, 5.12.080; amended Ord. 713, 7-6-2010; 11-20-2023 by Ord. No.
2023-1016]
(A)
No contractor,
builder or other person shall encumber any street, alley or sidewalk
in the City with building or other like materials, without a written
permit from the Street Department Superintendent or their designee
therefor; nor shall, except in case of necessity, and for a short
time only, encumber or obstruct more than 1/3 of any street or alley
or 1/2 of any sidewalk; nor shall such obstruction continue in any
case longer than may be necessary in the diligent erection of such
building, or the prompt execution of the work. Whoever shall violate
any provision of this section shall be subject to a fine of not less
than $75 nor more than $500 for each offense, and for any subsequent
violation within one year, the mandatory minimum fine shall be $150
for each offense, and to an additional penalty for every day after
the first conviction that the same may continue to remain upon any
such street, alley or sidewalk.
(B)
No person
shall use or occupy any portion of any street, avenue, alley or sidewalk
within the corporate limits of the City for building purposes, or
deposit any building material thereon, nor shall the Street Department
Superintendent or their designee grant any permit to do so, until
a bond has been filed with the City Clerk. Such bond shall be in the
penal sum of not less than $1,000, to be fixed by the Mayor, payable
to the City, signed by the applicant with one or more responsible
sureties, and conditioned for the faithful observance of all the provisions
of this Code and for the repair of any and all sidewalks, curbing,
pavements and improvements, and the payment of any and all damages
done, of any name, nature or character whatsoever, on account of,
or resulting from the occupation of, any such sidewalk, street, alley
or public area of the City. The City Clerk is hereby authorized to
approve bonds as herein required; provided that any person desiring
to occupy any portion of any street, avenue, alley or sidewalk of
the City for building purposes, or for depositing any building materials
or other matter thereon, may give a yearly bond in the penal sum of
$10,000, which bond shall be payable to the City, signed by the applicant
and one or more responsible sureties and shall be conditioned for
the faithful observance of all the provisions of this Code and for
the repair of any and all sidewalks, curbing, pavements and improvements,
and the payment of any and all damages done, of any nature, name or
character whatsoever, on account of, or resulting from the occupancy
of, any sidewalk, street, avenue or alley of the City during the time
for which said yearly bond is given. Provided, further, that every
person who shall have given such bonds as aforesaid and be using any
such sidewalk, street, avenue or alley where such material shall be
placed shall make suitable provision that the same shall be protected
in sufficient manner; and no material or other matter shall be deposited
in such manner as will interfere with the free flow of water in the
street gutters or into public sewers and drains, and all excavations
shall have sufficient guardrails or be otherwise protected, and during
the nighttime amber safety lights shall be displayed in such manner
as to prevent the happening of accidents. Any person violating any
provisions of this paragraph of this section shall be subject to a
penalty of not less than $100 nor more than $ 2,500 for each offense,
and, for any subsequent violation within one year, the mandatory minimum
fine shall be $200 for each offense, and a like penalty for every
24 hours such violation shall be persisted in.
[Ord. 2014-801, 3-3-2014; amended 11-20-2023 by Ord. No. 2023-1016]
Whoever shall place, throw or leave, or shall cause to be placed,
thrown or left, any obstruction, object, item, impediment, or encumbrance
in or upon any street, avenue, alley, public ground or sidewalk, including,
but not limited to, snow, ice, leaves, or yard waste, except as authorized
by ordinance, shall be liable for a fine of not less than $250 nor
more than $2,500 and to a further fine of not less than $500 for every
24 hours that he shall not remove such obstruction or encumbrance,
and, for any subsequent violation within one year, the mandatory minimum
fine shall be $500 after being notified so to do by the Street Department
Superintendent or their designee or any member of good standing employed
within the police force.
[1960 Code § 5.12.130; amended 11-20-2023 by Ord. No.
2023-1016]
Any person who shall place or leave, or cause to be placed or
left, any encroachment, obstruction or encumbrance in or upon any
street, avenue or sidewalk shall in all cases be liable to the City
and to private persons for all injury or damage arising therefrom.
[1960 Code § 5.12.140; amended 11-20-2023 by Ord. No.
2023-1016]
Whoever shall lead, ride or drive any horse, mule, cow or other
animal upon, over or across any sidewalk, boulevard or lawn, within
the curbline of any sidewalk in the City, except at the entrance of
some building or lot, where no suitable crossing is provided; or whoever
shall suffer or permit any such animal, or any vehicle thereto attached,
to be or remain on any such sidewalk, boulevard or lawn, to the obstruction
of travel thereon, or otherwise, shall be subject to a fine of not
less than $100 nor more than $500 for each and every offense.
[1960 Code § 5.12.150; amended 11-20-2023 by Ord. No.
2023-1016]
No person shall throw, place or leave, or cause or permit to
be thrown, placed or left, any manure, ashes, dirt, filth or rubbish
in or upon any street, avenue, alley or sidewalk of the City under
a penalty of not less than $100 nor more than $500 in each case and
a further penalty of $100 for every day that such person shall permit
such manure, ashes, dirt, filth or rubbish to remain after notice
to remove the same by the Street Department Superintendent or their
designee or any member of good standing employed within the police
force.
[Ord. 674, 4-21-2008; amended 11-20-2023 by Ord. No. 2023-1016]
It shall be the duty of every person owning or occupying any
lot or parcel of land adjoining any public or private alley in the
City to keep the same clean and in an inoffensive condition, and also
keep the gutter in front, behind, or beside the premises owned or
occupied by him, or under his control, free from filth or other offensive
matter, including, but not limited to, landscape waste or leaves,
that may prevent the free flow of water therein. No property owner,
occupant or any other person shall place, rake, or blow any leaves
or landscape waste in any of the public street gutters adjoining their
property owned, occupied or at which a person is working for hire
or as a volunteer. A violation of the provisions of this section shall
result in a fine of not less than $100 nor more than $500 for each
offense.
[1960 Code, Secs. 5.12.180, 5.12.190, 5.12.200; amended 11-20-2023 by Ord. No.
2023-1016]
(A)
No person shall be allowed to sell at public auction or public outcry,
nor to erect or occupy a stand of any kind for the purpose of making
sales, upon any of the streets, alleys, avenues, sidewalks, crossings
or other public places in the City, nor shall any person be permitted
to sell from any vehicle upon any of the streets, avenues, alleys,
sidewalks, crossings or other public places in the City, except as
hereinafter provided, under a penalty of $100 for each offense.
(B)
The foregoing subsection shall not be so construed as to apply to
any person or persons coming into the City with any produce, vegetables
or products of the farm for market, nor shall the same be construed
to make it a penal offense to peddle newspapers, nor to apply to judicial
sales; provided that farmers or others selling under the provisions
of this section shall not occupy a stand upon any sidewalk, alley
or crossing nor within a space of 10 feet from any sidewalk or street
crossing, or public square, nor shall they allow their stand from
which they may be selling to remain in front of any person's
place of business without the consent of the occupant of such place
of business, nor so as to obstruct the convenient travel on the street;
and provided, further, that persons selling under a license shall
have the same privilege as farmers or others under this section.
(C)
No person shall by himself or his agent, employee, clerk or servant,
upon any street, alley or sidewalk in the City, proclaim, pronounce
or advertise, by outcry or by ringing any bell, blowing of any horn,
beating of any drum or by using a megaphone, his business or any sale
or sales at auction or otherwise. Any person violating any of the
provisions of this subsection shall be fined not less than $100 nor
more than $500 for each offense.
[1960 Code, Sec. 5.12.240; amended 11-20-2023 by Ord. No. 2023-1016]
It shall be unlawful for any person, either from a vehicle or
otherwise, to distribute, cast, throw or place in, upon or along any
of the public ways or upon any public or private grounds of the City
any handbill, pamphlet, circular, book or advertisement for the purpose
or with the intent of advertising or making known any business, occupation,
attraction, profession, medical treatment, medicine or other thing
whatsoever, under a penalty of not less than $100 nor more than $500
for each offense.
[1960 Code, Sec. 5.12.260; amended 11-20-2023 by Ord. No. 2023-1016]
Whoever shall deface any public sidewalk, street crossing, pavement
or curb by marking, painting, cutting, scratching or pasting thereon
any advertisement, sign, name, legend or device whatsoever shall be
deemed guilty of a misdemeanor and upon conviction shall be fined
not less than $100 nor more than $500 for each offense, in addition
to the costs to remove and repair the defacement.
[1]
Editor's Note: Former Sections 8-3-11, Ballplaying In Streets,
adopted as 1960 Code, Sec. 5.12.270, and 8-3-12, Throwing Missiles,
adopted as 1960 Code, Sec. 5.12.280, were repealed 11-20-2023 by Ord. No.
2023-1016. This ordinance also renumbered former Sections 8-3-13 through 8-3-16 as Sections 8-3-11 through 8-3-14, respectively.
[1960 Code, Secs. 9.04.935, 9.04.936; amended 11-20-2023 by Ord. No.
2023-1016]
(A)
Placing: Whenever any street or alley in the City is being paved,
oiled, improved, surfaced, resurfaced or repaired, the Street Department
Superintendent or their designee or other person having such work
in charge shall, when he deems it necessary, erect or cause to be
erected, at such point or points as he may deem desirable, suitable
barriers, with signs thereon, stating that such street or alley is
closed.
(B)
Penalty: Whenever any street or alley has been closed as provided in Subsection (A) of this section, it shall be unlawful for any person to remove such barrier, barriers, sign or signs, or to deface or injure the same, or to walk, ride, drive or go upon any part of said street or alley so closed, except such persons as are duly authorized so to do, and any person violating any provision of this section shall, upon conviction, be fined not less than $100 nor more than $500 for each offense, and shall also be liable to the City in a separate suit for any damage or injury caused thereby.
[1960 Code, Sec. 5.12.040; amended 11-20-2023 by Ord. No. 2023-1016]
Whoever shall, for any private purpose, dig, remove, or carry
away any earth, gravel, or sod from any street, avenue, alley, or
public ground, without the express permission of the City Council,
shall forfeit and pay a penalty of $1,000 for each and every load
so removed and carried away; and any officer of the City who shall
use, sell, or dispose of any earth, gravel, or sod from any street,
avenue, alley, or public ground, for his own private gain or benefit,
shall be subject to a penalty of not less than $1,000 nor more than
$2,500 for each offense.
[1960 Code, Sec. 5.12.050; amended 11-20-2023 by Ord. No. 2023-1016[1]]
No person shall make, or cause to be made, any enclosure, fence,
bridge, archway, or building of any kind extending upon, over, into,
or across any street, avenue, alley, or sidewalk within the City,
under a penalty of not less than $100 nor more than $500 for each
offense, and a like penalty for every day that he shall allow such
enclosure, fence, bridge, or building to remain after being notified
to remove same by the Street Department Superintendent or their designee
or any member of good standing employed within the police force.
[1960 Code, Sec. 5.12.090; amended 11-20-2023 by Ord. No. 2023-1016]
The owner of any building, fence or of any structure or enclosure,
already created or built, extending into or encroaching upon any street,
avenue, alley or public ground or sidewalk within the City who shall
not remove the same within 30 days after being notified in writing
to do so by the street superintendent or designee shall be subject
to a fine of not less than $75 nor more than $500, and to a like penalty
for every day that he shall fail or refuse to comply with such notice.
And, the City Council may order and direct administrative staff or
their designee to take down and remove such obstruction or encroachment
upon any street, avenue or alley, and the cost and expense of such
taking down and removal may be collected by suit, in the name of the
City, against the person or persons causing or erecting such encroachment
or obstruction.
[Ord. 141, 11-1-1982; amended 11-20-2023 by Ord. No. 2023-1016]
Commercial or industrial concerns may petition the City for
reimbursement for a portion of the cost of entrance approach construction
or replacement according to the following guidelines:
(A)
All new construction or replacement of entrance approaches must be
approved by City Council prior to proceeding with any work.
(B)
City reserves the right to refuse reimbursement for the replacement
of any existing entrance approach which is deemed unnecessary.
(C)
Sidewalk(s) are presently adjacent to the existing entrance approach
or will be removed to construct a new entrance approach.
(D)
The amount of new or replacement work which shall be eligible for
reimbursement shall be determined by multiplying the eligible entrance
approach length by the existing sidewalk width.
(E)
The reimbursement shall be $2 per square foot based upon determined
eligible area of work.
(F)
The entrance approach shall be a minimum of six inches of reinforced
concrete and No. 4 rebar as illustrated on the "driveway standard,"
attached to the ordinance codified herein, which "driveway standard"
is hereby incorporated herein by this reference. A copy of the "driveway
standard" shall be available at either the office of the City Clerk
or the City Engineer.
(G)
Concrete shall have a compressive strength of 3,500 pounds per square
inch at 28 days.
(H)
Construction methods shall conform to the current requirements of
the "Standard Specifications For Road And Bridge Construction," of
the Illinois Department of Transportation, for portland cement concrete.
(I)
Petitioner shall secure his own contractor and request reimbursement
from the City after work is satisfactorily completed.
[Ord. 383, 12-5-1994, Ord. 2018-875, 2-20-2018; amended 11-20-2023 by Ord. No. 2023-1016]
(A)
CONSTRUCTION EASEMENT AREA
ENCROACHMENT
PERMISSIBLE ENCROACHMENT
PROJECT RIGHT-OF-WAY
ROADWAY RIGHT-OF-WAY
Definitions. In order to facilitate said improvement, it is necessary
for the City to adopt an ordinance regulating encroachments on the
right-of-way of the improvement, located within the corporate limits,
in accordance with the following definitions:
The area lying between the project right-of-way limits and
the platted street limits within which the City, by concurrence in
the establishment of the project right-of-way lines, will permit the
state to enter to perform all necessary construction operations.
Any building, fence, sign or any other structure or object
of any kind (with the exception of utilities and public road signs)
which is placed, located or maintained, in, on, under or over any
portion of the project right-of-way or the roadway right-of-way where
no project right-of-way line has been established.
Any existing awning, marquee or sign advertising activity
on the property, or similar overhanging structure supported from a
building immediately adjacent to the limits of the platted street
where there is a sidewalk extending to the building line and which
does not impair the free and safe flow of pedestrian traffic or traffic
on the highway. The permissive retention of overhanging signs is not
to be construed as being applicable to those signs supported from
poles constructed outside the project right-of-way line and not confined
by adjacent buildings.
Those areas within the project right-of-way lines established
jointly by the City and the state which will be free of encroachments,
except as hereinafter defined.
Those areas existing or acquired by dedication or by fee
simple for highway purposes; also, the areas acquired by temporary
easement during the time the easement is in effect.
(B)
Prohibited Encroachments. Representatives of the City and the state have, by visual inspection, cooperatively established project right-of-way lines and have mutually determined the disposition of encroachments; therefore, it shall be unlawful for any person to erect or cause to be erected, to retain or cause to be retained, any "encroachment" (hereinabove defined), except as provided in Subsection (D) of this section, within the limits of the project right-of-way or roadway right-of-way where no project right-of-way lines have been established.
(C)
Project Right-of-Way Lines. Project right-of-way lines have been
established at the following locations: none.
(D)
Revocable Encroachment Permits. Revocable encroachment permits may
be issued by the City upon the completion and approval of the appropriate
permit application, on a form designated by the Building and Safety
Department and upon the payment of any applicable permit fees, as
established by the Building and Safety Department from time to time.
(E)
Intent. This section is intended to and shall be in addition to all
other ordinances, rules and regulations concerning encroachments and
shall not be construed as repealing or rescinding any other ordinances
or part of any ordinance, unless in direct conflict therewith.
(F)
Penalty. Any person violating this section shall be fined not less
than $75 nor more than $500 for each offense, and a separate offense
shall be deemed committed for each and every day during which a violation
continues or exists.
[Ord. 410, 10-2-1995; amended 11-20-2023 by Ord. No. 2023-1016]
(A)
No person shall be allowed to leave dumpsters, trash bins, roll away or otherwise, in a manner that shall obstruct the safe passage on any street, avenue, alley, public ground or sidewalk, except as authorized by ordinance. No person shall allow a dumpster greater in size than two cubic yards to be placed on any street, avenue, alley, public ground or sidewalk, except by permit in the manner set forth in Section 8-3-3 of this chapter.
(B)
Persons placing a dumpster up to two cubic yards in size shall not
place said dumpster in a location that shall obstruct any street,
avenue, alley, public ground or sidewalk.
(C)
All trash containers and dumpsters of a size greater than one cubic
yard, placed on a public road surface, shall have 36 inches of alternating
reflectorized orange and white four-inch strips, the width of the
container, on the side of the container which faces any oncoming traffic.
(D)
Any person violating any part of this section shall be liable to
a fine of not less than $75 nor more than $500 per day per violation
and to a further fine of $75 for every 12 hours that he shall not
remove such obstruction or encumbrance after being notified so to
do by the Street Superintendent or by any member of the police force.
(E)
The definition of persons who place, throw, leave or cause to be
placed, thrown or left said dumpsters shall be defined as any contractor
who uses the container or the supplier of the container or the owner
of the location serviced by said container. All persons who place
or leave or cause to be placed or left a dumpster, even if in lawful
accordance with this section, shall be liable to the City and to private
persons for all injury or damage arising therefrom.
